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HomeMy WebLinkAbout092292 CC AgendaAGENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA COMMUNITY CENTER - 28816 Pujol Street SEPTEMBER 22, 1992 - 7:00 PM EXECUTIVE SESSION: 6:30 PM - Pursuant to Government Code Section 54956.8 regarding acquisition :of real property located on Pauba Road East of Ynez and adjoining Sports Park; (Property ~OwneFKemper Real EstatesGroup} and the S.E, Corner of Overland Drive and Jefferson Street, (Property Owner. Donald:iCoop). 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: Invocation Flag Salute ROLL CALL: PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS Next in Order: Ordinance: No. 92-15 Resolution: No. 92-71 Mayor Patricia H. Birdsall presiding Pastor Gary Nelson, Calvary Chapel of Temecula Councilmember Parks Lindemans, Moore, Mu~oz, Parks, Birdsall Golden Harvest Month in Temecula Temecula Toastmasters I!~ternational Week Minority Development Week A total of 15 minutes is provided so members of the public can address the Council 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 Council about 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. ~ 21eOende/092292 1 09/16182 When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request To Speak" form must be filed with the City Clerk befor~ the Council gets to that item. There is a five (5) minute time limit for individual speakers. 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. CONSENT CALENDAR Standard Ordinance Adootion Procedure RECOMMENDATION 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of September 3, 1992. 2.2 Approve the minutes of September 8, 1992. 2.3 Approve the minutes of September 9, 1992. Resolution ADDrovine List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A ~ 2/agerids/092292 2 09118182 4 City Treasurer's RePort as of July 31, 1992 RECOMMENDATION: 4.1 Receive and file report. Establishment of Temecula Public Facilities Financinq Corporation RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FORMATION OF THE TEMECULA PUBLIC FACILITIES FINANCING CORPORATION AND APPOINTING THE INITIAL DIRECTORS THEREOF 6 Development Aareement No. 26, Tentative Tract Map No. 23143. Amendment No. 5 RECOMMENDATION: 6.1 Recognize the applicability of Development Agreement No. 26 to Tentative Tract Map No,. 23143, Amendment No. 5. Contract Chanae Order No. 002- PW 92-01 Street and Sidewalk Improvements at Various Schools RECOMMENDATION: 7.1 Approve Contract Change Order No. 002, increasing the total contract amount by $28,803.95, as detailed in the staff report. 7.2 Appropriate $28,803.95 from Measure "A" Funds to C.I.P. Account No. 021-165-607-44-5804. 2/.eOenda/O92292 3 09/18/82 SECOND READING OF ORDINANCES Second Reading of Ordinance ReducinQ Speed Limit on Pauba Road RECOMMENDATION: 8.1 Adopt an ordinance entitled: ORDINANCE NO. 92-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 12.02.010 (D) OF THE TEMECULA MUNICIPAL CODE REDUCING PRIMA FACIE SPEED LIMITS ON PAUBA ROAD BETWEEN YNEZ ROAD AND MEADOWS PARKWAY 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. 9 Final Listing of Potentially Hazardous BuildinQ (Continued from the meeting of 8/11/92) RECOMMENDATION: 9.1 Approve a proposed Final Listing of Potentially Hazardous Buildings. 10 Change of Zone No. 5631 Nesting Tentative Tract MaD No. 25320 (Continued from the meeting of 9/08/92) RECOMMENDATION: 10.1 Continue Change of Zone No. 5631 and Vesting Tentative Tract Map No. 25320 to October 6, 1992. 2/agenda/092292 4 09/18/92 COUNCIL BUSINESS 11 Capital Imorovement Proaram Fiscal Years 1993-1997 RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 1992-93 12 Discussion of Float Participation for Riverside County 100th Birthday Celebration (Placed on the agenda at the request of Mayor Birdsall) 13 14 15 Consideration of Correspondence from Temecula Museum RECOMMENDATION: 13.1 Consider the request from the Museum Board of Directors for financial assistance. Ao~ointment to the County of Riverside Museum Board RECOMMENDATION: 14.1 Appoint a member to represent the City of Temecula on the Riverside County Museum Board, Municipal Immunity for Hiqh Speed Pursuits - SB 347 (Preslev) RECOMMENDATION: 15.1 Consider whether to support or oppose SB 347. 16 Discussion of Develo;}ment Plans for Pechanqa Indian Reservation (Placed on the agenda at the request of Councilmember Mu~oz) 2/eOende/092292 6 09/16/92 17 Ynez Corridor - Acouisition of Right-of-Way for Overland Drive Bridae RECOMMENDATION: 17.1 Approve the acquisition of the property located at the Southeast corner of Overland Drive and Jefferson Street for the landing of the Overland Drive Bridge, and further authorize the Mayor to sign the Acquisition Agreement, subject to the approval of the City Manager and the City Attorney as to the final form of the Agreement. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT Joint City Council/Planning Commission meeting: September 30, 19'92, 6:00 PM, City Hall, Main Conference Room, Conference Room, City Hall, 43174 Business Park Drive, Temecula. Next regular meeting: October 6, 1992, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 2/~ende/O82292 6 09/16/92 TEMECULA COMMUNITY SERVICES DISTRICT MEETING - (To be held at 8:00) Next in Order: CALL TO ORDER: President Ronald J. Parks Ordinance: No. 92- Resolution: No. 92- ROLL CALL: DIRECTORS: Birdsall, Lindemans, Moore, Mu~oz, Parks PUBLIC COMMENT: Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and State your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of the meeting of September 8, 1992. 2 Design Services for Riverton Park Site RECOMMENDATION: 2.1 Award contract to the Alhambra Group to provide design services, construction documents and project administration for the Riverton Park Site. DISTRICT BUSINESS 3 Mass Grading Contract for Phase I of the Community Recreation Center (CRC) Project RECOMMENDATION: 3.1 This report will be forwarded under separate cover. 2tKlenda/092292 7 09/I 6192 COMMUNITY SERVICES DEPARTMENTAL REPORT GENERAL MANAGER'S REPORT - Dixon DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting October 6, 1992, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California ' 2/~gend8/092292 8 09/16192 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Resolution: No. 92- CALL TO ORDER: ROLL CALL: Chairperson J. Sal Mu~oz presiding AGENCY MEMBERS: Birdsall, Lindemans, Moore, Parks, Mufioz PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state vour name and address for the record. AGENCY BUSINESS Minutes RECOMMENDATION: 1.1 Approve the minutes of September 8, 1992. 2 Award of Contract - Geotechnical Services - Maroarita Road Extension (Continued from the meeting of 09-08-92) RECOMMENDATION: 2.1 Approve the award of a Professional Services Agreement in the amount of $ 6,300.00 to Law/Crandall Incorporated for Geotechnical Services on the Margarita Road Extension Interim Improvements Project PW92-04, and authorize the Chairperson of the Redevelopment Agency (R.D.A.), and the City Clerk to execute said contract; 2.2 Advance $6,300.00 from the General Fund/Revolving Fund to the R.D.A. 2/aeend~/092292 9 09116/92 3 2.3 Transfer $6,300.00 from R.D.A. funds to Capital Projects Funds and appropriate ~6,300.00 to Account No. 021-165-606-5804; 2.4 Adopt a resolution entitled: RESOLUTION NO. RDA 92- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DECLARING CERTAIN FINDINGS REGARDING CITY EXPENDITURES IN CONNECTION WITH THE GEOTECHNICAL SERVICES FOR THE CONSTRUCTION OF THE MARGARITA ROAD EXTENSION INTERIM IMPROVEMENTS AS REQUIRED BY UNITED STATES DEPARTMENT OF THE TREASURY REGULATION (SECTION 1.103-18) Redevelooment Aaencv Sources and Uses of Funds RECOMMENDATION: 3.1 Review and consider approval of the use of Redevelopment Agency (RDA) bond proceeds. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next regular meeting October 6, 1992, 8:00 PM, Temecula Community Center, 28816, Temecula, California 2/ragends/OR2292 10 09/16/92 PRESENTATIONS/ PROCLAMATIONS The City of Temecula PROCLAMATION WI:IEREAS, The Temecula Town Association, a non-profit charitable organization, its members and many volunteers, have worked diligently and many hours during the past six months in preparation of Temecula Golden Harvest Month, and; WHEREAS, Golden Harvest Month provides wholesome family entertainment each weekend during the month of October, consisting of the sixteenth Annual Great Temecula Tractor Race, the third Annual Great Temecula Pumpkin Run, the first Bruce Brill Memorial Chili Cookoff and the third Annual Temecula Pro Rodeo, and; WHEREAS, these events are publicized throughout the country and focus attention on the Temecula Valley, and; WHEREAS, the production of these events brings economic benefit to the community of Temecula; NOW, THEREFORE, I, Patricia H. Birdsall, on behalf of the City Council of the City of Temecula, hereby proclaim the month of October, to be "TEMECULA GOLDEN HARVEST MONTH" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 22nd day of September, 1992. Patricia H. Birdsall, Mayor June S. Greek, City Clerk The City of Temecula PROCLAMATION WHEREAS, Toastmasters is an international non-profit organization that promotes individual growth and development through communication and leadership skills, and; WHEREAS, two Toastmasters Clubs meet regularly in Temecula, representing both the public community and the corporate community and; WHEREAS, the programs of Toastmasters such as speech contests, conferences, workshop presentations, youth programs and community leadership training foster persona growth in its individual members, and; WHEREAS, Toastmasters will hold their annual Area Speech Contest at the Heritage Mobile Home Park during the last week in September and invite the public to attend and enjoy this event; NOW, THEREFORE, I, Patrieia H. Birdsall, on behalf of the City Council of the City of Temecula, hereby proclaim the week of September 20 through 26 to be "TEMECULA'S TOASTMASTERS INTERNATIONAL WEEK" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 22nd day of September, 1992. Patricia H. Birdsall, Mayor June S. Greek, City Clerk Temecula Toastmasters Club 1677 Post Office Box 2802 Temecula, California 92593 (714) 699-2400 September 8, 1992 Mr. David Dixon, City Manager City of Temecula 43174 Business Park Drive Temecula, California 92590 SUBJECT: Request for Proclamation Designating September 20 through 26, 1992 as "Ten~ecula's Toastmasters International Week" Dear Mr. Dixon: Toastmasters is an international non-profit organization that promotes individual growth and development through communication and leadership skills. It is recognized by professionals worldwide as the most effective program to develop public speaking skills. Toastmasters has many programs, i.e. club meetings, speech contests, conferences, workshop presentations, youth programs, and community leadership training and public speaking opportunities. These programs strengthen the community at large by fostering personal growth in its individual members. The self-confidence that is gained in Toastmasters generates more community participation at a more cognizant level. In Temecula, we have both community and corporate Toastmasters Clubs meeting regularly in the morning, over lunch and in the evening. The clubs sponsor informative workshops and presentations on communication and leadership skills, weekly club meetings which provide opportunities to grow and learn together, and a Speakers' Bureau to provide qualified speakers to community functions and organizations. Councilman J. Sal Munoz has supported our local clubs by inducting our officers for the last two terms. He once participated in the Toastmasters International organization and recognizes the value and benefit derived by membership. Councilman Ron Parks was a founding member of one of the clubs which currently serves Temecula. Either would concur that Toastmasters provides a foundation for the apprehension of opportunity as it presents itself. On a more personal basis, my two years in Toastmasters International have provided with me the opportunity to learn comn~unication skills which have augmented my professional capabilities and improved my career plans in ways I would not have been qualified to do as an individual. As a result of a public presentation I researched, planned and presented in Toastmasters, I now Mr. David Dixon September 8, 1992 Page Two teach at a local vocational college at a much higher rate of pay than I could have commanded in the current economy. My opportunities have a much broader scope because Toastmasters has built my confidence and equipped me with the leadership skills I need to succeed. Success stories are one of the extraordinary benefits of the Toastmasters International program. For the above reasons, I respect~dly request that the week of September 20 through 26 be proclaimed "Temecula's Toastmasters International Week." The week will culminate in our Annual Area Speech Contest which will be held in Temecula at the Heritage Mobile Home Park and, as with all Toastmaster events, is open to the public. Please call me at your convenience if you have any further questions, directives, comments or considerations. I can be reached at (714) 699-2400. Thank you in advance/br your consideration. Respectfully, Chris Berry, CTM President, Club 1677 cc: June Greek, City Clerk The City of Temecula PROCLAMATION WHEREAS, Adherence to the principles of independent entrepreneurship and free enterprise has long formed the bedrock of America's economic strength by guaranteeing the freedom of individuals to engage in private industry and commerce and by permitting them to reap the fruits of their labor, and; WHEREAS, The United States has provided a model of growth and progress for the world through the creative energy and genius of the American people, and; WHEREAS, at a time when dramatic changes in the global marketplace are presenting new challenges and opportunities for American business and industry, our Nation's, our State's and our City's continued economic progress calls for the full participation and support of all citizens, regardless of gender, race or ethnic background, and; WHEREAS, this year marks the 10th annual observance of Minority Enterprise Development Week, recognizing the minority business community which includes more than 1 million minority entrepreneurs; NOW, THEREFORE, I, Patrich H. Birdsall, on behalf of the City Council of the City of Temecula, hereby proclaim the week of September 27 through October 3, 1992 to be "MINORITY ENTERPRISE DEVELOPMENT WEEK" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 22nd day of September, 1992. Patricia H. Birdsall, Mayor June S. Greek, City Clerk BUSINESS DEVELOPMENT CENTERS Funded By: MINORITY BUSINESS DEVELOPMENT AGENCY (M.B.D.A.) U.S. DEPARTMENT OF COMMERCE August 26, 1992 Mayor Patricia Birdsall 43174 Business Park Drive Temecula, CA 92590 Dear Mayor Birdsall: This letter serves two purposes: 1, to announce the Presidential Proclamation of Minority Enterprise Development Week, 1992; and 2, to request your participation through a similar proclamation from your office. This year, Minority Enterprise Development Week (MED Week) will be the week of September 23, through October 3, 1992. NEDA will be organizing a MED Week Buffet Breakfast in San Bernardino to commemorate MED Week at which we will proudly display all of the proclamations we receive. The event will take place at 7:30 AM on Monday, September 28, 1992 at the Maruko Hotel 285 North E Street. NEDA will also be hosting a much larger affair in Fresno at which time we will display proclamations gathered by our offices in San Francisco, Sacramento, Stockton, Fresno and Bakersfield in addition to those gathered from the Inland Empire. We enclose a copy of the Presidential proclamation for your information, file and use. If you are able to issue a proclamation, please let us know. We would like to receive them all by September 14, 1992. If you have any questions, please address them to me at (714) 386-5266 at your convenience. Thank you far any consideration. Sincerely, Robert M. Saenz Project Director Enclosures Vanir Tower * 290 N. 'D' Street, Suite 303 · San Bernardino, California 92401 · (714) 386-5266 ITEM 1 ITEM 2 MINUTES OF A JOINT MEETING OF THE CITY OF TEMECULA CITY COUNCIL AND PLANNING COMMISSION HELD SEPTEMBER 3, 1992 A joint meeting of the City of Temecula City Council and Planning Commission was held Thursday, September 3, 1992, 6:00 P.M., Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula. The meeting was called to order by Mayor Patricia H. Birdsall. Mayor Pro Tem Lindemans led the flag salute. PRESENT: 3 ABSENT: 2 PRESENT: 3 ABSENT: 2 COUNCILMEMBERS: COUNCILMEMBERS: COMMISSIONERS: COMMISSIONERS: Lindemans, Moore, Birdsall Mu~oz, Parks Chiniaeff, Ford, Hoagland Blair, Fahey Also present were City Manager David Dixon, Planning Director Gary Thornhill, Senior Planner John Meyer, City Clerk June Greek and Minute Clerk Gail Zigler. PRESENTATIONS/PROCLAMATIONS None PUBLIC COMMENTS None Summary of Technical Subcommittee Meetinos and Town Hall Meeting Gary Thornhill advised that the purpose of this meeting was to inform the Councilmembers and Commissioners of the outcome of the Technical Subcommittee meetings and the Town Hall meeting. He added that as a result of the Town Hall meeting, staff feels there are a number of issues which are still unresolved. John Meyer provided a summary of the meetings as follows: The Land Use Subcommittee had discussions on how the village centers would operate, what a strip commercial center really was, providing for mixed uses in industrial areas (particularly on the west side), and renaming the planning area north of Winchester to the environmental planning area. JCCPCMINg/3/92 -1 - 9/14192 JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES SEPTEMBER 3, 1992 The Circulation Subcommittee comments were primarily to clarify some of the certain policies and exhibits in the circulation element and addition of a glossary. The Growth Management Technical Subcommittee provided comments regarding the staffing levels for both police and fire and made corrections after verification with the departments. The Community Design Subcommittee supported the policies in the element but recommended additional policies be included to encourage development of cultural facilities and to encourage the design review process be accomplished without creating a separate review board. The Economic Development Subcommittee encouraged the development of cultural facilities, increased emphasis in terms of business retention, and expanded discussion of redevelopment programs. Councilmember Parks arrived at 6:05 P.M. Senior Planner Meyer summarized that the Town Hall meetings reflected a series of concerns regarding the draft park and recreation exhibit in terms of the proposed trails over private property and land use designations in the chaparral area (Pauba and Margarita), the level of service at some of the intersections, and timing of improvements related to the assessment districts. Councilmember Mur~oz arrived at 6:10 P.M. Councilmember Mu~oz expressed concern that the goal of service level "D" is not attainable with the planned development and he stated the public should be made aware that the circulation problems will not get better. Gary Thornhill clarified that the intersections of Rancho California Road and Ynez, and Winchester Road and Ynez will be severely impacted by influences outside of the City and will operate at service level "D" during peak hours. Review of Village Center Conceot Jim Ragsdell stated that the concept will look at various land uses and address the following concerns: High density housing and where it should occur, illustrating conceptual plans for areas of high density housing - Diversity of types of uses JCCPCMINg13192 -2- 911 4192 JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES SEPTEMBER 3.1992 Commissioner Chiniaeff questioned land use element policy 5.8, regarding the development plan which suggests linking each of the village centers with light rail systems and asked if that is separate light rail systems or corridors. Gary Thornhill suggested adding the phrase "where feasible". Councilmember Parks stated that he feels a shuttle bus system would be more appropriate for linking the village centers with the light rail linking the major cities. Jane Vernon, 30268 Mersey Court, Temecula, expressed a concern that the village center concept, originally proposed through a visual presentation, is different from what is being proposed for Temecula. She added that the pictures that were shown in the visual presentation were from a high income area. Jim Ragsdell added that the intent of showing the photographs of the village centers was to provide examples of how the village center concept would work. John Moramarco, P.O. Box 906, Temecula, stated that he had previously sent a letter to the City regarding a 5 acre parcel he owns, asking what is proposed for that area. Jim Ragsdell advised that the draft designation was low density residential. John Meyer advised that staff has received several letters of complaint about land use decisions. John stated that staff would be sending a notice of public hearing to each individual who has written to the City in this request. Commissioner Blair arrived at 7:10 P.M. City Manager David Dixon added that the Council and Commission will have a list of the requests to study prior to the meeting. Larry Markham, Markham & Associates, 41750 Winchester Road, Temecula, asked if all the requests such as Mr. Moramarco's have been addressed or have they been set aside for review at a later date. John Meyer advised that they have been set aside for review at a later date. Phil Oberhansley, 40925 County Center Drive, '1 emecula, clarified the purpose of the public hearing was to review requests by property owners to change the land use designation or requests that a property designation not be changed. Dennis Fitz, 39910 Jeffrey Height Road, Temecula, advised that he lives in the Hidden Hills area and would like to see this area develop along the same lines as Meadowview. John Meyer advised that staff is just starting to look at standardization of the zoning ordinance. JCCPCMIN9/3/92 -3- 9/14/92 JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES SEPTEMBER 3, 1992 Mayor David James, 27447 Enterprise Circle West, Temecula, advised that he has a client who owns two parcels in Assessment District 159. Commercial designations are assessed substantially higher than residential zoning and his clients properties are designated Office Park and Multi-Family. Gary Thornhill advised that staff has discussed the situation with the City Attorney and continues to work with the property owner. Birdsall declared a recess at 7:35 P.M. The meeting was reconvened at 7:50 P.M. Discussion of Draft General Plan Gary Thornhill suggested that another meeting be scheduled to discuss the draft general plan to allow the Council and the Commission time to review the information received from the technical subcommittees and town hall meetings. Councilmember Parks asked staff to-send letters to any individuals who have sent letters requesting a change in their property zoning, and advise them of the general plan process. Uocomina Hearing Process and Schedule * A joint meeting was scheduled for September 30, 1992, 6:00 P.M. * A General Plan Public Hearing is scheduled for the October 19, 1992 Planning Commission meeting. * The October 13, 1992 City Council meeting was rescheduled to October 6, 1992. Mayor Pro Tem Lindemans requested that a copy of the draft general plan be mailed to the candidates for review. ADJOURNMENT It was moved by Councilmember Parks, seconded by Councilmember Moore to adjourn at 8:05 P.M. The motion was unanimously carried with Planning Commission Chairman Fahey absent. The next regular meeting of the City of Temecula City Council will be held Tuesday September 8, 1992, 7:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California. JCCPCMINg/3192 -4- 9/14~92 JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES SEPTEMBER 3, 1992 The next regular meeting of the City of Temecula Planning Commission will be held Monday September 14, 1992, 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. Mayor Patricia H. Birdsall Chairman Linda Fahey City Clerk June S. Greek ~ JCCPCMIN9/3/92 -5- 9/14~92 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD SEPTEMBER 8, 1992 A regular meeting of the Temecula City Council was called to order at 7:00 P.M. in the Temecula Community Center, 28818 Pujol Street, Temecula, California. Mayor Patricia H. Birdsall presiding. PRESENT: 5 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott C. Field, and City Clerk June Greek. INVOCATION The invocation was given by Pastor Gary Ruly, HIS Church Christian Center. PLEDGE OF ALLEGIANCE The audience was led in the pledge of allegiance was led by Councilmember Mu~oz. PRESENTATIONS/ PROCLAMATIONS City Manager David Dixon introduced, Shmuel Katoni, Town Manager of Tirat Carmel, Israel and Michael Bar-On, head of Construction Department in Haifa, Israel, who are on a City Manager's International Exchange visit. Mayor Birdsall presented the each guest with an Official City Welcome certificate and silver belt buckles from the Temecula Town Association. PUBLIC FORUM Bev Stone, 43136 John Warner Road, Temecula, stated she had asked the City for assistance with the road erosion along John Warnet and Santiago Road during the rainy season, approximately six months ago, and staff was directed to investigate and report back to the Council. Ms. Stone advised that no report has been provided and presented the Council with a petition from the property owners on John Warnet requesting that the City address the problem before the coming rainy season. Tim Serlet advised that staff has been in contact with the residents who have expressed an ~ CCMIN9/8/92 -1- 9/1 3192 CITY COUNCIL MINUTES SEPTEMBER B, 1992 Tim Serlet advised that staff has been in contact with the residents who have expressed an interest in participating in an Assessment District. He added that staff is presently considering installing some culverts to divert the runoff. John Moramarco, Callaway Vineyards, 32720 Rancho California Road, Temecula, presented the Council and staff with a certificate of appreciation for completing the Rancho California Road overpass signal program. Jeff Stone, 43136 John Warner Road, Temecula, expressed concern that the width of the bike lane below John Warner and Pauba Road is the same as the width as the vehicle lane and could result in a head-on collision. Mr. Stone suggested that the double yellow line be moved over to allow more width for vehicles. CONSENT CALENDAR Councilmember Mu~oz advised that he would vote "No" on Item No. 13. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore to approve Consent Calendar Items No. I - 13. The motion carried as follows: Items No. I - 12: AYES: 5 NOES: 0 Item No. 13: AYES: 4 NOES: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Lindemans, Moore, Muffoz, Parks, Birdsall None Lindemans, Moore, Parks, Birdsall Mu~oz Standard Ordinance Adootion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Minutes 2.1 2.2 CCMINg/8/92 Approve the minutes of the meeting of August I 1, 1992. Approve the minutes of the meeting of August 25, 1992. -2- 911 3192 CITY COUNCIL MINUTES 3. Resolution AoDrovina List of Demands SEPTEMBER 8, 1992 3.1 Adopt a Resolution entitled: RESOLUTION NO. 92-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Advance for Land Survevin~J and Geotechnical Services for Mar~)arita Road Extension Interim Improvements (Project No. PW 92-04) 4.1 Make a finding that the extension of Margarita Road will benefit the redevelopment project area, and the immediate neighborhood in which the road extension is located and; there are no other reasonable means of financing the road extension. 4.2 Approve an advance of $46,300 from the General Fund Revolving Fund to the Redevelopment Agency (RDA) for Land Surveying and Geotechnical Services for the construction of Margarita Road Extension Interim Improvements. e J Award of Contract for FY 92-93 City-Wide Street StriDincJ and Stencilina Contract 5.1 Award a contract for the City-wide Street Striping and Stenciling to Orange County Striping Service, Inc. for FY 92-93 and authorize the Mayor and the City Clerk to execute the contract. Final Parcel MaD No. 27545 6.1 Approve Final Parcel Map No. 27545 subject to the Conditions of Approval. "No Parkin~J" Zones on Jefferson Avenue, North of Winchester Road 7.1 Adopt a resolution entitled: RESOLUTION NO. 92-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONES IN THE AREA ADJACENT TO JEFFERSON AVENUE BETWEEN WINCHESTER ROAD AND NORTHERLY CITY LIMITS. ~ CCMINg/8/92 -3- 9113~92 CITY COUNCIL MINUTES 8. "No Parking" Zones on Moreno Road 8.1 SEPTEMBER 8.1992 Adopt a resolution entitled: RESOLUTION NO. 92-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ESTABLISHING "NO PARKING" ZONES ON MORENO ROAD OF TEMECULA 9. Installation of Stoo Signs at Various Locations 9.1 Adopt a resolution entitled: RESOLUTION NO. 92-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "STOP" SIGNS 10. "No ParkinQ" Zone Designations Within the Initial Bike Lane Project 10.1 Adopt a resolution entitled: RESOLUTION NO. 92-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONES IN DESIGNATED AREAS OF THE INITIAL BIKE LANE PROJECT 11. Contract Change Order on Project PW91-03, Rancho California Road Benefit District 11.1 Approve Contract Change Order No. 010, reducing the total contract amount by $7,867.90 as detailed in the staff report. 12. Rancho California Water District - Fire Mitigation Fee 12.1 Authorize a refund to the Rancho California Water District of a Fire Mitigation Fee in the amount of $17,167.50 paid for the Rancho California Water District headquarters. 13. ADDrOVal Of RedeveloDment Funding for Storm Drain ImDrovements on Front Street/I- 15 with PM 22515 and CUP No. 5 13.1 Make a finding that the construction of Storm Drain Improvements on Front Street/I-15 with PM 22515 and CUP No. 5 will benefit the redevelopment project area, and the immediate neighborhood in which CCMIN9/8/92 -4- 9113~92 CITY COUNCIL MINUTES SEPTEMBER 8, 1992 the Storm Drain Improvements are located; and that there are no other reasonable means of financing these Storm Drain Improvements. PUBLIC HEARINGS 14. Change of Zone No. 5631/Vesting Tentative Tract MaD No. 25320 City Manager David Dixon advised that the City has made an offer on the property, the property owner has made a counter offer which the City is considering. It was moved by Councilmember Moore, seconded by Mayor Pro Tem Lindemans to continue Change of Zone No. 5631 Nesting Tentative Tract Map No. 25320 to the meeting of September 22, 1992. AYES: 5 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks, Birdsall NOES: 0 COUNCILMEMBERS: None COUNCIL BUSINESS 15. Discussion of Combining Public Safety and Traffic and Transoortation Commissions City Manager David Dixon presented the staff report. Evelyn Harker, 31130 S. General Kearney Road, Temecula, advised that she would like to see the two Commissions merged. Ms. Harker advised the Council that the Parks and Recreation Commission members have attended numerous seminars promoted by the League of California Cities dealing with the specific issues that are addressed by the Public Safety Commission, such as Gang Violence, How to Have A Smoke Free City, Crime Prevention, Emergency Preparedness and others. Ron Roberrs, 41140 Avenida Verde, Temecula, Chairman of the Traffic and Transportation Commission, stated that his first choice would be to maintain the two separate Commissions, however, his second choice would be merging the two Commissions with two members added to the present five member Commission. Councilmember Mu~oz stated that he does not agree with the merger of the two Commissions, and feels that the Traffic and Transportation Commission have a very full agenda without the addition of Public Safety issues. CCMIN9/8/92 -5- 9113192 CITY COUNCIL MINUTES SEPTEMBER 8, 1992 Mayor Birdsall expressed the feeling that many of the issues that come before the Public Safety Commission should be addressed by the Parks and Recreation Commission. It was moved by Councilmember Moore, seconded by Mayor Pro Tem Lindemans to establish a seven (7) member Public/Traffic Safety Commission, and direct staff to draft the appropriate ordinance and notify affected Commission members in writing. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Parks, Birdsall NOES: 1 COUNCILMEMBERS: Mur~oz Mayor Birdsall declared a recess at 7:55 P.M. The meeting was reconvened at 9:30 P.M. 16. Soeed Limit Reduction on Pauba Road from Ynez Road to Meadows Parkway Tim Serlet presented the staff report. It was moved by Mayor Pro Tam Lindemans, seconded by Councilmember Moore to approve staff recommendation as follows: ORDINANCE NO. 92-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 12.02,010 {d| OF THE TEMECULA MUNICIPAL CODE REDUCING PRIMA FACIE SPEED LIMITS ON PAUBA ROAD BETWEEN YNEZ ROAD AND MEADOWS PARKWAY. The motion was carried unanimously. 17. Emeraencv Manaaer Job Status City Manager David Dixon presented the staff report. Councilmember Mur~oz asked Frank Klein, Chairman of the Public Safety Commission to provide a viewpoint on the purpose of the request. Frank Klein expressed concern that only 20% of one staff member's time is currently being devoted to emergency preparedness and advised that in his opinion, centralizing and focusing one job to one person, would improve efficiency. Chairman Klein added that he feels the Disaster Preparedness Program lacks sufficient training. Chairman Klein advised that he had recently completed a home-study course from FEMA on CCMINg/8192 -6- 9/13/92 CITY COUNCIL MINUTES SEPTEMBER 8, 1992 emergency preparedness. It was moved by Councilmember Moore, seconded by Mayor Pro Tern Lindemans to receive and file the report. The motion was unanimously carried. 18. Discussion of Commission Recoonition Ban{~uet Mayor Birdsall stated that she felt the time was appropriate to honor all the members of the City Commissions and Committees at a Recognition Banquet. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Mu~oz to approve the expenditure for a Commission/Committee Recognition Banquet with a cap of $4,000. The motion was unanimously carried. 19. Consideration of Allocation for Bus Sto~) Ma~} and Schedule Holders Councilmember Mu~oz presented the staff report. Jane Vernon, 30268 Mersey Court, Temecula, stated that the map and schedule holders should be a service provided by RTA and suggested that if RTA is going to be installing the holders at a later date, the City should seek reimbursement for holders they may decide to install. Councilmember Mu~oz stated that he would not oppose asking RTA for reimbursement for the holders placed by the City. It was moved by Councilmember Parks, seconded by Councilmember Moore to allocate an amount (not to exceed $3,000) for the purchase of Bus Stop Map and Schedule Holders. The motion was unanimously carried. CITY MANAGER REPORT Mr. Dixon reminded the Council of the meeting on September 10, 1992, 5:00 P.M. at City Hall to review the CAP Improvement Program. CITY ATTORNEY REPORT No report given. CCMIN9/8/92 -7- 911 3192 CITY COUNCIL MINUTES SEPTEMBER 8, 1992 CITY COUNCIL REPORTS Councilmember Mu~oz asked how the City has been impacted by the recent State budget crisis. City Manager David Dixon advised that other than cuts to RDA, the state would be taking approximately $90,000 out of property ~ax and all of the cigarette tax, however the cigarette tax was not included in the budget. Mayor Pro Tem Lindemans asked staff to study how other Cities handle CUP's and PUP's for churches. Mayor Pro Tem Lindemans asked staff to research establishing a second RDA to take in possibly all of the land in the Murrieta Creek Flood Plain. ADJOURNMENT Mayor Birdsall declared the meeting adjourned at 9:18 P.M. The next regular meeting of the City of Temecula City Council will be held on September 22, 1992, 7:00 P.M. Temecula Community Center, 28816 Puiol Street, California. ATTEST: Mayor Patricia H. Birdsall June S. Greek, City Clerk CCMIN918192 911 3192 II MINUTES OF AN ADJOURNED MEETING OF THE TEMECULA CITY COUNCIL HELD SEPTEMBER 9, 1992 A regular meeting of the Temecula City Council was called to order at 5:06 PM in the Temecula City Hall, Main Conference Room, 43174 Business Park Drive, Temecula, California. Mayor Patricia H. Birdsall presiding. PRESENT 4 COUNCILMEMBERS: Lindemans, Moore, Parks, Birdsall ABSENT: 1 COUNCILMEMBERS: Mufioz Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. PLEDGE OF ALLEGIANCE The audience was led in the pledge of allegiance by Mayor Pro Tern Lindemans. PUBLIC COMMENTS No public comments were offered. COUNCIL BUSINESS Consideration of the Fiscal Year 1993-1997 Caoital Iml;>rovement Program City Manager David Dixon introduced the staff report, outlining the organization of the Capital Improvement Plan document. He discussed the impact the changing economy has had on the previously adopted five-year plan and suggested the Council use the Executive Summary, provided with the staff report, as a guide to discuss the new projects proposed for the Fiscal Year 1993-1997 CIP. Fire Station East of Freeway The first project discussed was the proposed Fire Station to be located east of the I- 15. Mayor Birdsall asked if the $1,500,000 shown in the amount column represents the cost of land. Mr. Dixon responded that this figure represents the cost of development of such a facility. First Street Bridge City Manager Dixon outlined four locations that are considered to be good candidates for locating crossings over Murrieta Creek. In response to a question from Minutes\2\11 \92 -1- 09/10/92 City Council Minutes February 11, 1992 Councilmember Parks, he explained that the First Street location was selected as a first priority because the access easements are already available for this location. Moraga Road Storm Drain Mayor Birdsall questioned the reason the Moraga Road Storm Drain project is shown for development in Fiscal Year 1993. Mr. Dixon explained that the current fiscal year is 1992-93 and this project is currently in design. Councilmember Muf~oz arrived at 5:29 PM. Northwest SPorts Complex City Manager Dixon advised the Council that a comprehensive study will be undertaken during the current fiscal year to determine the highest and best use of the Northwest Sports Complex. He explained that no specific development plans are being recommended at this time. Councilmember Parks noted that the largest portion of the funding will be from Certificates of Participation (COP) which will also drive the type of uses to be developed at this site. Old Town Demonstration Block City Manager Dixon gave a brief overview of the suggested project and outlined the reasons for including it as a Priority I on the New Projects list. Councilmember Moore noted that this is a good project to showcase the Old Town area to potential new business investors. Sixth Street Pavina Councilmember Mu~oz expressed his concerns with the designation of Development Impact Funds (DIF) rather than RDA funds for the Sixth Street Paving project since it is located in Old Town. Mr. Dixon explained DIF funds are designated because they are currently available for use in this area and RDA funds have been allocated for other projects. Traffic Sianal Installation City Manager Dixon stated that the proposed installations are at various locations throughout the City and were designated originally by the County. Western Transportation Corridor Councilmember Mu~oz questioned the reason for the Priority II designation when the Western Corridor will be required to adequately serve the Northwest Sports Complex which is rated as a Priority I. Councilmember Parks responded that he feels this type of project is driven by land development and the necessary funding mechanisms are Minutes\2\11 \92 -2- O9/10/92 City Council Minutes February 11.1992 not in place. He suggested that it certainly can be moved up in priority order during future years if warranted. Mr. Dixon explained that the suggested new projects are divided into project categories, with the Western Transportation Corridor coming under the Assessment District category. He pointed out that the extension to Butterfield Stage Road was felt to be of a higher priority in that category. Councilmember Mur~oz stated it is his opinion that this project should be funded by the Redevelopment Agency (RDA). Mayor Pro Tem Lindemans, expressed the opposite opinion, that RDA funds should be used to enhance the area for the benefit of all of the citizens, not for the benefit of developers who own property adjacent to the proposed Western Corridor. Councilmember Mur~oz suggested that the funding for the Western Corridor come from RDA funds and that costs to construct the roadway be recaptured as adjacent development occurs. Mayor Birdsall questioned whether staff has included options to purchase additional property adjacent to the Northwest Sports Complex site. She suggested that this might be considered as a location of a permanent City Hall. City Manager Dixon responded that this is not reflected in the Capital Improvement Program, but it could be added if that is the desire of the Council. Mayor Pro Tern Lindemans stated he would like to see a small convention center added to the Capital Improvement Program as a Priority IV. Mr. Dixon stated this could be added in the area shown as Future Years in the Project Summary. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore to add a future year category for a Convention Center in the New Projects list in the amount of twenty-five million dollars ($25,000,000). The motion was unanimously carried. City Manager Dixon pointed out the section of the Executive Summary listing of Projects Deleted and asked for Council comments. Councilmember Parks questioned the reason for deletion of the Nicolas Road to Calle Girosol to Calle Chapos to Walcott Road Paving project. Public Works Director Tim Serlet explained that the Butterfield Stage Road Extension will address the traffic problems on Calle Medusa which had originally prompted placement of this project on the Capital Improvement Program. Councilmember Parks requested that staff research the minutes to determine if the Council had made a prior commitment to this by-pass route. Minutes\2\11 \92 -3- 09/10/92 City Counoil Minutes February 11. 1992 Councilmember Parks also questioned the reason the Solana Way - Ynez to Margarita project is listed as a Priority I, but shows funding in Future Years. He expressed his feeling that this needs to be completed in conjunction with the improvements to Margarita Road and Ynez Road to avoid creating a future bottleneck. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to place Solana Way-Ynez to Margarita Road in the same priority as the Ynez Corridor development and to fund it in a way that will assure the costs will be reimbursed. The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans that in the event the minutes show a commitment was made by the City Council to construct the Nicolas Road to Calle Girosal to Celle Chapo$ and Walcott Road loop, the project will not be deleted from the revised CIP document which will be presented at the meeting of September 22, 1992. The motion was unanimously carried. CITY MANAGER REPORTS City Manager Dixon briefly outlined the parameters for Capital Improvement Plan cost estimates. CITY ATTORNEY REPORTS No report was given. CITY COUNCIL REPORTS No reports were given. ADJOURNMENT It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore to adjourn to the next regular meeting to be held September 22, 1992 at 7:00 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. ATTEST: PATRICIA H. BIRDSALL, MAYOR JUNE S. GREEK, CITY CLERK Minutes~2\l 1 \92 -4- 09110~92 ITEM NO. 3 RESOLUTION NO. 92- 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: SECT/ON 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the same are hereby allowed in the amount of $1,024,697.47 SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 22nd day of September, 1992. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] Rcsos 272 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S2 Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 92- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 221h day of September, 1992 by the following roll call vote: AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June S. Greek, City Clerk Resos 272 CITY OF TEMECULA LIST OF DEMANDS 09/03/92 TOTAL CHECK RUN: 09/10/92 TOTAL CHECK RUN: 09/22/92 TOTAL CHECK RUN: O8/27/92 TOTAL PAYROLL: $514,744.89 $92,093.94 $324,037.14 $93,821.50 TOTAL LIST OF DEMANDS FOR 09/22/92 COUNCIL MEETING: $1,024,697.47 DISBURSEMENTS BY FUND: CHECKS: 001 100 110 190 191 192 193 210 300 310 320 330 GENERAL GAS TAX FUND RANCHO CALIF. RD. REIMB. TCSD TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C CAPITAL IMPROVEMENT PROGRAM INSURANCE FUND VEHICLE FUND INFORMATIONS SYSTEMS COPY CENTER FUND PAYROLL: 001 100 190 300 320 330 GENERAL (PAYROLL) GAS TAX FUND (PAYROLL) TCSD (PAYROLL) INSURANCE FUND INFORMATION SYSTEMS (PAYROLL) COPY CENTER FUND (PAYROLL) $255,919.48 $31,137.59 $289,295.53 $82,377.33 $5,942.90 $10,022.58 $27,599.24 $5,785.13 $422.68 $208,281.69 $8,850.89 $5,240.93 $60,663.08 $10,378.46 $19,860.45 $573.07 $999.76 $1,346.68 $930,875.97 $93,821.50 TOTAL BY FUND: $1,024.697.47 PREPARED BY MICHELLE LARSON ., MARY " CE OFFICER ~' I. ,~.~, ,- - -~-. TIM SERLET, ACTING AS CITY MANAGER HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 09/04/92 VOUCHER/ CHECK NUMBER 10642 11140 11140 11206 11206 11561 11561 11561 11561 11561 11564 11565 11567 11624 11624 11641 11642 11643 11648 11649 11649 11649 11649 11649 11650 11651 11651 11651 11651 11651 11651 11651 11651 11651 11651 11651 11651 09:10 CHECK DATE 07/01/92 07/16/92 07/16/92 07/17/92 07/17/92 08/21/92 08/21/92 08/21/92 08/21/92 08/21/92 08/25/92 08/25/92 08/26/92 08/28/92 08/28/92 09/01/92 09/02/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 VENDOR NUMBER 000408 000294 000294 000238 000238 000238 000238 000238 000238 000238 000470 000237 000408 000408 000382 000262 000550 000105 000116 000116 000116 000116 000116 000120 000127 000127 000127 000127 000127 000127 000127 000127 000127 00012? 000127 000127 VENDOR NAME AGRICREDIT ACCEPTANCE C STATE COMPENSATION INS. STATE COMPENSATION INS. FINAL TOUCH MARKETING FINAL TOUCH MARKETING FINAL TOUCH MARKETING FINAL TOUCH MARKETING FINAL TOUCH MARKETING FINAL TOUCH MARKETING FINAL TOUCH MARKETING MONDONE, ALBERT GOVERNMENT FINANCE OFFI OLIVER BROTHERS AGRICREDIT ACCEPTANCE C AGRICREDIT ACCEPTANCE C RAGING WATERS RANCHO WATER BIA/RC AEI SECURITY, INC. AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN BICKNELL TRAVEL CENTER CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TRACTOR LEASE/JULY PREMIUM FOR JUNE 92 PREMIUM FOR JUNE 92 CITY PRONO PROGRAM JULY CITY PROMO. PROGAM JULY CITY CAMPAIGN AUG. 92 CITY PROMOTIONAL PROJEC CITY PROMOTIONAL PROJEC CITY PROMOTIONAL PROJEC PLACEMENT FEES AUG. 92 GRADING REFUND TRCT 364 SUB. BUDGET DOCUMENT 92 CONSTRUCTION OF 1-15/RA TRACTOR LEASE/AUG. 92 TRACTOR LEASE/SEPT 92 ADMISSION/SEPT 2 PLAN CHECK FEES/SENIOR ENDANGER SPEC. MEETING ALARM SERV. TEEN CTR SE INSUR. PREM. SEPT 92 INSUR. PREM. SEPT 92 INSUR. PREM. SEPT 92 INSUR. PREM. SEPT 92 INSUR. PREM. SEPT 92 AIRFARE TO N.Y./MJ CONTRACT ORDER FOR THE CONTRACT ORDER FOR THE CONTRACT ORDER FOR THE LEGAL ADVERTISING FY 92 CONTRACT ORDER FOR THE CONTRACT ORDER FOR THE CONTRACT ORDER FOR THE CONTRACT ORDER FOR THE CONTRACT ORDER FOR THE LEGAL ADVERTISING FY 92 CONTRACT ORDER FOR THE CONTRACT ORDER FOR THE ACCOUNT NUMBER 190-180-999-5239 001-2020 190-2020 001-100-999-5411 001-100-999-5411 001-100-999-5411 001-100-999-5267 001-100-999-5267 001-100-999-5267 001-100-999-5267 001-2670 001-140-999-5226 110-165-622-5804 190-180-999-5239 190-180-999-5239 190-183-819-5300 001-1990 001-100-999-5260 190-182-999-5250 001-2310 100-2310 190-2310 300-2310 330-2310 001-140-999-5258 001-161-999-5256 001-161-999-5256 001-161-999-5256 001-120-999-5256 001-161-999-5256 001-161-999'5256 001-161-999-5256 001-161-999-5256 001-161-999-5256 001-120-999-5256 001-161-999-5256 001-161-999-5256 ITEM AMOUNT 846.02 5,529.84 3,028.38 1,750.00 9,059.88 1,750.00 3,303.25 1,790.94 7,766.62 10,099.88 2,500.00 200.00 130,480.88 846.02 846.02 116.00 2,770.00 29.00 35.00 404.97 103.04 97.15 3.94 24.95 280.00 30.20 41.04 62.73 27.88 33.30 60.40 14.33 28.65 30.20 ?8.22 37.17 33.30 PAGE 2 CHECK AMOUNT 846.02 8,558.22 10,809.88 24,710.69 2,500.00 200.00 130,480.88 1,692.04 11~,,~o 2,770.00 29.00 35.00 634.05 280.00 VOUCHRE2 CITY OF TEMECULA 09/04/92 09:10 VOUCHER/CHECK REGISTER FOR ALL PERIODS ~uCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUHBER DATE NUHBER NAME DESCRIPTION NUMBER ITEM AMOUNT PAGE 3 CHECK AMOUNT 11651 09/03/92 000127 CALIFORNIAN 11651 09/03/92 000127 CALIFORNIAN CONTRACT ORDER FOR THE 001-161-999-5256 SUBSCRIPTION FOR 1YR 320-199-999-5228 33.30 48.00 558.72 11652 09/03/92 000138 CITICORP NORTH AMERICA PHONE INSTALLEMENT SEPT 320-199-g99-5208 1,427.57 1,427.57 11653 09/03/92 000155 DAVLIN AUDIO/VIDEO PROD. 8/25/001-100-999-5250 700.00 700.00 11654 09/03/92 000156 DENTICARE OF CALIFORNIA INSUR. PREM. OCT 92 001-2340 11654 09/03/92 000156 DENT[CARE OF CALIFORNIA INSUR. PREM. OCT 92 100-2340 11654 09/03/92 000156 DENTICARE OF CALIFORNIA INSUR. PREM. OCT 92 001-150-999-5250 27.90 27.90 15.00 70.80 11655 09/03/92 000165 FEDERAL EXPRESS PACKAGES 001-100-999-5230 11655 09/03/92 000165 FEDERAL EXPRESS PACKAGES 001-100-999-5230 40.50 9.5O 50.00 11656 09/03/92 000170 FRANKLIN SEMINARS REPLACEMENT GRAY LEATHE 001-161-999-5220 11656 09/03/92 000170 FRANKLIN SEMINARS SALES TAX 7.75% 001-161-999-5220 11656 09/03/92 000170 FRANKLIN SEMINARS FREIGHT 001-161-999-5220 49.90 4.33 5.95 60.18 11657 09/03/92 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES 001-100-999-5267 11657 09/03/92 000177 GLENNIES OFFICE PRODUCT OPEN ACCOUNT FOR OFFICE 001-140-999-5220 11657 09/03/92 000177 GLENNIES OFFICE PRODUCT OPEN ACCOUNT FOR OFFICE 001-140-999-5220 11657 09/03/92 000177 GLENNIES OFFICE PRODUCT OPEN ACCOUNT FOR OFFICE 001-140-999-5220 ""1658 09/03/92 000178 GOLDEN STATE TRADING CO 101-KEY AT STYLE KEYBOA 320-199-999-5221 -,1658 09/03/92 000178 GOLDEN STATE TRADING CO TEAC 3.5 1.44M FLOPPY D 320-199-999-5221 11658 09/03/92 000178 GOLDEN STATE TRADING CO FREIGHT 320-199-999-5221 11658 09/03/92 000178 GOLDEN STATE TRADING CO TAX 320-199-999-5221 204.66 38.68 238.43 45.72 210.00 120.00 10.00 25.57 527.49 365.57 11659 09/03/92 000184 GTE 7146953539/AUG. 92 320-199-999-5208 11659 09/03/92 000184 GTE 7146992309/AUG. 92 320-199-999-5208 23.12 20.21 43.33 11660 09/03/92 000192 GLOBAL COMPUTER SUPPLIE C2787 NP LASER JET lllS 001-162-999-5220 11660 09/03/92 000192 GLOBAL COMPUTER SUPPLIE C2909 NP LASER JET Ill 001-162-999-5220 11660 09/03/92 000192 GLOBAL COMPUTER SUPPLIE FREIGHT 001-162-999-5220 11660 09/03/92 000192 GLOBAL COMPUTER SUPPLIE TAX 001-162-999-5220 123.99 82.49 7.65 16.36 230.49 11661 09/03/92 000218 MARILYN'S COFFEE SERVIC COFFEE SERVICE; CITY HA 001-199-999-5250 113.32 113.32 11662 09/03/92 000219 MARTIN 1-HOUR PHOTO 11662 09/03/92 000219 MARTIN 1-HOUR PHOTO FILM DEVELOPING, PURCHA 001-163-999-5250 FILM DEVELOPING, PURCHA 001-163-999-5250 18.71 39.44 58.15 11663 09/03/92 000226 MICRO AGE COMPUTER CENT REPAIR OF KFC VGA MONIT 320-199-999-5215 135.00 135.00 11664 09/03/92 000238 FINAL TOUCH MARKETING 11664 09/03/92 000238 FINAL TOUCH MARKETING PROMOTIONAL CAMPAIGN SE 001-100-999-5411 MEDIA FEES, SEPT. 92 001-100-999-5411 1,750.00 8,644.88 10,394.88 11665 09/03/92 000239 OLSTEN TEMPORARY SERVIC RECEPTION 08/02-08/09/9 001-162-999-5118 680.80 680.80 11666 09/03/92 000249 PETTY CASH REIMB. AUG. 92 190-180-999-5260 11666 09/03/92 000249 PETTY CASH REIMB. AUG. 92 190-183-810-5300 11666 09/03/92 000249 PETTY CASH REIMB. AUG. 92 190-183-819-5300 1.00 82.54 66.95 VOUCHRE2 09/04/92 09:10 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 4 VOUCHER/ CHECK NUMBER CHECK DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 11666 11666 11666 11666 11666 11666 11666 11666 11666 11666 11666 11666 11666 11666 11666 11666 11666 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH REIMB. AUG. 92 REIMB. AUG. 92 REIMB. AUG. 92 REIMB. AUG. 92 REIMB, AUG, 92 REIMB, AUG, 92 REIHB. AUG, 92 REINB, AUG, 92 REIMB, AUG. 92 REIMB. AUG, 92 REIMB, AUG. 92 REINB, AUG, 92 REIMB, AUG, 92 REIMB, AUG. 92 REIHB, AUG, 92 REINB. AUG. 92 REIM. AUG. 92 190-183-945-5300 001-110-999-5220 001-110-999-5263 001-110-999-5258 001-120-999-5220 001-140-999-5220 001-140-999-5260 001-150-999-5260 001-150-999-5258 001-161-999-5260 001-161-999-5220 001-161-999-5258 001-162-999-5260 001-163-999-5220 320-199-999-5228 001-110-999-5242 001-162-999-5220 18.70 12.20 16.96 3.00 1.61 42.86 2.88 19.80 7.14 39.99 42.09 8.00 4.80 5.39 38.74 9.95 13.97 438.57 11667 11667 11667 09/03/92 09/03/92 09/03/92 000258 000258 000258 RAN-CAL JANITORIAL SUPP RAN-CAL JANITORIAL SUPP RAN-CAL JANITORIAL SUPP TOWELS FOR CITY HALL SOAP FOR CITY HALL TAX 001-199-999-5242 001-199-999-5242 001-199-999-5242 77.97 6.29 6.53 90.79 11668 11668 11668 11668 11668 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 000261 000261 000261 000261 000261 RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT RANCHO BLUEPRINT MISC. BLUEPRINTS, ETC. MISC. BLUEPRINTS, ETC. MISC. BLUEPRINTS, ETC. MISC. BLUEPRINTS, ETC. MISC. BLUEPRINTS, ETC. 001-163-999-5268 001-163-999-5268 001-163-999-5268 001-163-999-5268 001-163-999-5268 3.31 65.94 99.09 2.72 1.16 172.22 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER 0102450002/06/08-07/08 190-180-999-5240 0102450002/PAST DUE BA 190-2020 0104010692/06/09-07/08 193-180-999-5240 0104010692/PAST DUE BA 190-2020 0104010802/06/09-07/08 193-180-999-5240 0104010802/06/09-07/08 190-2020 0104040151/06/09-07/08.191-180-999-5510 0104040151/PAST DUE BA 190-2020 0104145110/06/09-07/08 191-180-999-5510 0104620002/06/09-07/08 193-180-999-5240 0104630852/06/09-07/08 193-180-999-5240 0104630852/PAST DUE BA 190-2020 0106272003/06/11-07/10 191-180-999-5510 0106279002/06/11-07/10 190-180-999-5240 0107600092/06/11-07/09 193-180-999-5240 0107600092/PAST DUE BA 190-2020 01076007'/1/06/1!-07/09 190-180-999-5240 0107600771/PAST DUE BA 190-2020 0107600781/06/11-07/09 190-180-999-5240 0107600781/PAST DUE BA 190-2020 01077007'~2/06/1-07/09/ 193-180-999-5240 0107700732/PAST DUE BA 190-2020 0108000012/06/12-07/14 193-180-999-5240 454.69 402.44 11.12 11.05 28.32 31.26 47.28 93.76 48.08 233.90 180.70 197.03 108.96 261.48 271.76 169.31 316.96 310.46 258.59 234.58 25.89 42.68 236.52 VOUCHRE2 09/04/92 VuUCHER/ CHECK NUMBER 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11669 1669 ,1669 11669 11669 11669 11669 11669 11669 11669 11669 11669 11670 11670 11670 11670 11671 11671 11672 11673 11673 11673 11673 11673 11673 09:10 CHECK DATE 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 VENDOR NUMBER 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000262 000266 000266 000266 000266 000269 000269 0O0275 000285 000285 000285 000285 000285 000285 VENDOR NAME RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCNO WATER RANCHO WATER RANCHO WATER RANCNO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RANCHO WATER RIGHTWAY RIGHTWAY RIGHTWAY RIGHTWAY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY ROMERO, LUCI SIR SPEEDY SIR SPEEDY SiR SPEEDY SIR SPEEDY SIR SPEEDY SIR SPEEDY CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 0108000012/PAST DUE BA 0108001511/06/12-07/14 0110503842/06/15'07/14 0110503852/06/15-07/14 0113Z00002/06/16'07/15 011302002/06/16-07/15/ 0115001012/06/18-07/16 0115015002/06/18'07/16 0115030101/06/18-07/16 0115030101/05/21-06/16 01224009701/05/27-06/2 0124019181/05/27-06/24 0124000022/06/24-07/22 0124000152/06/24-07/22 0124000202/06/24-07/22 0124000902/06/24-07/22 0124006002/06/24-07/22 0124007322/06/24-07/22 0124009701- 06/24-07/22 0124009701/04/24-05/27 0124009701/06/24-07/22 0124009701/03/25-04/24 0124018971/06/24-07/22 0124019181/06/24-07/22 0124025001/06/24-07/22 0124029882/07/09-07/22 0124039861/07/09-07/22 0124039902/07/09-07/22 0124039911/07/09-07/22 0124460001/06/24-07/22 0124465001/06/24-07/22 0131170052/06/24-07/22 0131215012/06/24-07/22 0131501111/06/24-07/22 1 PORTABLE TOILET; VET. 4 PORTABLE TOILETS; SPO 2 PORTABLE TOILETS; SAM PORTABLE TOILET; 1 YEAR LIT 4202 PO 48X30D PUTT TAX LUNCH REIMB./INTERVIEWS CITY BUSINESS CARDS CITY BUSINESS CARDS TAX BOX OF 500 FOIL BUSINES TAX GOLD SEAL BUSINESS CARD ACCOUNT NUMBER 190-2020 193-180-999-5240 193-180-999-5240 193-180o999-5240 190-180-999-5240 190-180-999-5240 193-180-999-5240 193-180-999-5240 191-180-999-5510 190-2020 190-2020 190-2020 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 190-180-999-5240 190-180-999-5240 193-180-999-5240 190-2020 190-2020 190-2020 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 190-180-999-5240 190-180-999-5238 190-180-999-5238 190-180-999-5238 100-164-999-5238 001-140-999-5242 001-140-999-5242 001-150-999-5260 190-180-999-5222 190-180-999-5222 190-180-999-5222 001-163-999-5220 001-163-999-5220 001-161-999-5220 ITEM AMOUNT 374.82 491.96 156.39 77.54 43.01 1,776.57 400.45 245.39 318.93 139.50 84.60 246.45 432.62 167.22 24.22 165.68 109.11 71.12 98.15 109.99 75.30 66.92 70.70 243.51 754.07 646.21 181.56 43.08 135.87 154.36 208.92 193.46 543.79 381.72 57.39 229.55 114.78 57.39 220.50 17.09 57.12 108.00 26.70 10.44 36.00 2.79 36.00 PAGE 5 CHECK AMOUNT 13,210.01 459.11 237.59 57.12 VOUCHRE2 09/04/92 VOUCHER/ CHECK NUMBER 11673 11673 11673 11674 11675 11675 11675 11676 11676 11677 11677 11678 11678 11679 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11680 11681 11681 11681 09:10 CHECK DATE 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 VENDOR NUMBER 000285 000285 000285 000291 000307 000307 000307 000322 000322 000331 000331 000342 000342 000345 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000375 000375 000375 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NAME SIR SPEEDY SIR SPEEDY SIR SPEEDY SPEE DEE OIL CHANGE & T TEMECULA TROPHY TEMECULA TROPHY TEMECULA TROPHY UNZGLOBE BUTTERFIELD TR UNIGLOBE BUTTERFIELD TR VALLEY MICRO VALLEY MICRO WINDSOR PARTNERS - RANC WINDSOR PARTNERS - RANC XEROX CORPORATION BILLI SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CAL]F TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON ITEM DESCRIPTION TAX B/W BUSINESS CARDS\Z SM TAX REPAIR & MAINTENANCE;VE 1ST PLACE 9 X 12 PLAQUE 2ND PLACE 8 X 10 PLAQUE TAX ICMA CONFERENCE SEPT 11 (LCC POLICY MEETING SEP 4MB SIMMS TAX SEPT 92 RENT JULY RENT INCREASE 5100 XEROX LEASE AGREEM 5177905081202/06/26-07 5177905180201/06/26-07 5177905579602/06/26-07/ 5177905900102/05/28-06 52777~6081602/06/29-07 5377813015302/07/01-07 5377813112003/07/01-07 5377813320102/06/01-07 5377850930101/06/30-07 5477828650302/07/01-07 5477828650502/07/01-07 5577126754304/06/03-07 5577126050002/07/06-08 5677755013602/06/03-07 5677755197501/06/03-07 5777565670102/06/05-07 577780874003/06/05-07/ 577780874203/06/05-07/ 5977799250403/06/09-07 5977799408302/04/08-05 5977799408302/06/08-09/ 5977799408302/05/08-06 5977802541403/06/09-07 5977805102103/06/09-07 5977805542303/06/09-07 7143457419/JUNE 92 7143231559/JULY 92 7143457419/JULY 92 ACCOUNT NUMBER 001-161-999-5220 001-140-999-5220 001-140-999-5220 310-164-999-5214 190-183-909-5300 190-183-909-5300 190-183-909-5300 001-110-999-5258 001-100-999-5258 320-199-999-5221 320-199-999-5221 001-199-999-5234 001-199-999-5234 330-199-999-5582 190-180-999-5240 191-180-999-5500 190-180-999-5240 190-2020 191-180-999-5500 191-180-999-5500 190-180-999-5240 190-2020 191-180-999-5500 193-180-999-5240 193-180-999-5240 190-2020 190-180-999-5240 190-2020 190-2020 190-2020 190-2020 190-2020 190-2020 190-2020 190-2020 190-2020 190-2020 190-2020 190-2020 001-162-999-5208 001-110-999-5208 001-162-999-5208 ITEM AMOUNT 2.79 26.70 2.07 22.49 24.50 21.50 3,57 140.00 326.00 556.00 43.09 29,118.71 591.60 2,345.00 12.40 41.79 12,40 186.63 174.88 155.99 1,814.55 142.84 142.76 12.00 12.00 12.80 11.20 170.06 28.40 12.60 12.60 12.60 12.00 9.00 27.30 9.80 13.73 12.40 12.00 59.69 38.83 58.59 PAGE 6 CHECK AMOUNT 251.49 22.49 49.57 466.00 599.09 29,710.31 2,345.00 3,064.73 157.11 VOUCHRE2 CITY OF TEMECULA 09/04/92 09:10 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 11682 09/03/92 000381 TIRITILLI, STEVE-J. SEPT. 92 RENT 190-182-999-5234 3,374.95 3,374.95 11683 09/03/92 000384 LAW/CRANDALL, INC. GEOTECHNICAL INSPECTION 210-165-607-5804 917.13 917.13 11684 09/03/92 000414 LONGS DRUG STORE OPEN ACCOUNT; TCSD; FIL 190-180-999-52Z0 119.98 119.98 11685 09/03/92 000431 NATIONAL DENTAL HEALTH 11685 09/03/92 000431 NATIONAL DENTAL HEALTH 11685 09/03/92 000431 NATIONAL DENTAL HEALTH 11685 09/03/92 000431 NATIONAL DENTAL HEALTH 11685 09/03/92 000431 NATIONAL DENTAL HEALTH 11685 09/03/92 000431 NATIONAL DENTAL HEALTH INSUR. PREM. OCT 92 INSUR. PREM. OCT 92 INSUR. PREM. OCT 92 INSUR. PREM. OCT 92 INSUR. PREM. OCT 92 INSUR. PREM. OCT 92 001-2340 100-2340 190-2340 300-2340 330-2340 001-150-999-5250 519.74 70.88 110.25 7.88 31.50 15.00 755.25 11686 09/03/92 000446 ENHANCED COMMUNICATIONS 700330 - ELECTRA MARK I 320-199-999-5242 11686 09/03/92 000446 ENHANCED COMMUNICATIONS FREIGNT 320-199-999-5242 62.00 8.00 70.00 11687 09/03/92 000495 ACT 1 TEMPORARY HELP 190-180-999-5118 372.22 372.22 11688 09/03/92 000510 AMERICAN BRISTOL INDUST CHASSIS GMC TOP KICK SY 310-171-999-5608 11688 09/03/92 000510 AMERICAN BRISTOL ]NDUST ACCESSORIES 310-171-999-5608 11688 09/03/92 000510 AMERICAN BRISTOL INDUST TAX 310-171-999-5608 192,520.00 760.00 14,979.20 208,259.20 ,.1,1689 09/03/92 000512 CADET UNIFORM ENTRY RUG SERVICE: CITY 001-199-999-5250 ~89 09/03/92 000512 CADET UNIFORM ENTRY RUG SERVICE: CITY 001-199-999-5250 m1689 09/03/92 000512 CADET UNIFORM ENTRY RUG SERVICE: CITY 001-199-999-5250 34.25 34.25 34.25 102.75 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077518502/05/31-06 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077138302/06/30-07 191-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077138302/05/31-06 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077146502/05/31-06 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA ED[ 4377077146502/06/30-07 191-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA ED[ 4377077146602/06/30-07 191-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077146602/05/31-06 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077146702/06/30-07 191-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077146702/05/31-06 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 437707751052/06/30-07/ 191-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077510502/05/31-06 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077515702/06/30-07 191-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077515702/05/31-06 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077515802/06/30-07 191-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077515802/05/31-06 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077515902/06/30-07 191-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077515902/05/3-06/ 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077516002/06/30-07 191-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077516002/05/31-06 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077516102/05/31-06 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077516202/06/30-07 191-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077516202/05/31-06 190-2020 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077518502/06/30-07 191-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077520001/07/01-07 192-180-999-5500 11690 09/03/92 000537 SOUTHERN CALIFORNIA EDI 4377077520001/04/01-04 190-2020 37.55 24.76 33.76 34.47 25.35 14.47 17.50 14.92 18.84 20.32 27.52 26.30 35.87 27.92 37.61 26.56 38.19 25.92 35.95 35.71 26.18 36.13 27.53 10,022.58 21.76 VOUCHRE2 09/04/92 VOUCHER/ CHECK NUMBER 11690 11690 11690 11690 11690 11690 11690 11690 11690 11690 11690 11690 11690 11690 11690 11690 11690 11690 11690 11691 11692 11693 11694 11695 11696 11697 11698 11699 11700 09:10 CHECK DATE 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 09/03/92 VENDOR NUMBER 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000537 000540 000541 000542 000543 000544 000545 000546 000547 000548 000549 VENDOR NAME SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA ED[ SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI SOUTHERN CALIFORNIA EDI G. NEIL COMPANIES PREISENDANZ, ROLFE DISNEYLAND CITY OF PORTLAND YASINOSKY, BERYL K. PAC TEL CELLULAR - S.D. RADIO SHACK/BUTTERFIELD SHERATON HARBOR ISLAND KIPLINGER WASHINGTON ED ASSOC OF BAY AREA GOVER CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 4377077520001/06/01-06 4377077520001/09/01/91 4377077526902/06/30-07 4377077526902/05/31-06 4377077527002/06/30-07/ 4377077527002/05/31-06 4377077534202/06/30-07 4377077534202/05/31-06 4377077534702/06/30-07 4377077534702/05/31-06 4377077535002/06/30-07 4377077535002/05/31-06 4377077560001/06/01-06 4377077560001/07/01-07 4377077650002/06/30-07 4377077650002/05/31-06 4377077650601/06/30-07 4377077650601/05/31-06 4377077560001/05/01-05 15x22 LAMINATED POSTER TUITION REIMBURSEMENT PURCHASE TICKETS PLANNING LIBRARY TUITION REIMBURSEMENT SD-1075255/AUG. 92 DLX BATT. TESTER/AC/DC INTER. CITY MANAG EXCHG SUBSCRIPTION 92-93 BOND UNDERWRITING SEMIN ACCOUNT NUMBER 190-2020 190-2020 191-180-999-5500 190-2020 191-180-999-5500 190-2020 191-180-999-5500 190-2020 191-180-999-5500 190-2020 191-180-999-5500 190-2020 190-2020 191-180-999-5500 191-180-999-5500 190-ZOZO 191-180-999-5500 190-2020 190-2020 001-150-999-5228 001-150-999-5259 001-1990 001-161-999-5228 001-150-999-5259 001-140-999-5208 100-164-999-5242 001-110-999-5258 001-140-999-5228 001-140-999-5258 ITEM AMOUNT 14,408.54 14,822.58 24.58 34.71 24.51 33.11 25.10 34.06 104.06 135.05 19.80 24.91 3,733.87 3,837.14 26.30 35.95 20.84 28.02 lr239.38 26.25 43.86 539.50 3.50 43.86 31.39 57.04 103.55 54.00 155.00 PAGE 8 CHECK AMOUNT 49,306.18 26.25 43.86 5, .50 3.50 43.86 31.39 57.04 103.55 54.00 155.00 TOTAL CHECKS 514,744.89 VOUCHRE2 09/04/92 09:10 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 110 RANCHO CALIF ROAD REIMB DIST 190 COMMUNITY SERVICES DISTRICT 191 TCSD ZONE A 192 TCSD ZONE B 193 TCSD ZONE C 210 CAPITAL IMPROVEHENT PROJ FUND 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 COPY CENTER FUND TOTAL AMOUNT 93,469.84 316.25 130,480.88 54,287.36 5,381.23 10,022.58 6,447.36 917.13 11.82 208,281.69 2,727.30 2,401.45 514,744.89 VOUCHRE2 09/10/92 VOUCHER/ CHECK NUMBER 11644 11701 11701 11701 11701 11701 11701 11701 11702 240925 240925 240925 240925 240925 240925 240925 240925 240925 240925 240925 240925 298974 298974 298974 298974 298974 298974 298974 298974 298974 298974 298974 298974 11707 11708 11709 11710 11711 11711 11711 11712 15:52 CHECK DATE 09/02/92 09/04/92 09/04/92 09/04/92 09/04/92 09/04/92 09/04/92 09/04/92 09/10/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/09/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 VENDOR NUMBER 000523 000245 000245 000245 000245 000245 000245 000245 000550 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000105 000127 000137 000137 000137 000152 VENDOR NAME E .M.W.D. PERS (HEALTH INSUR.PREM PERS (HEALTH INSUR.PREM PERS (HEALTH INSUR.PREM PERS (HEALTH INSUR,PREM PERS (HEALTH INSUR.PREM PERS (HEALTH 1NSUR.PREM PERS (HEALTH INSUR.PREM BIA/RC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PLAN CHECK SEN]OR CENTE INSURANCE PREMIUM/SEPT INSURANCE PREMIUM/SEPT INSURANCE PREMIUM/SEPT INSURANCE PREMIUM/SEPT INSURANCE PREMIUM/SEPT ADMIN. FEE SEPT, 92 ADJUSTMENT ENDANGERED SPEC. MEETIN EMPLOYMENT DEVELOPMENT 000444 CAIT EMPLOYMENT DEVELOPMENT 000444 CAIT EMPLOYMENT DEVELOPMENT 000444 CAIT EMPLOYMENT DEVELOPMENT 000444 CAIT EMPLOYMENT DEVELOPMENT 000444 CAIT EMPLOYMENT DEVELOPMENT 000444 CA[T EMPLOYMENT DEVELOPMENT 000444 SOl EMPLOYMENT DEVELOPMENT 000444 SOl EMPLOYMENT DEVELOPMENT 000444 SDI EMPLOYMENT DEVELOPMENT 000444 SD] EMPLOYMENT DEVELOPMENT 000444 SDI EMPLOYMENT DEVELOPMENT 000444 SDI SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION SECURITY PACIFIC NATION HINSHAW, KIM BLANTONo TERRY AEI SECURITY, INC. CALIFORNIAN CHEVRON U.S.A. INC. CHEVRON U.S.A. INC. CHEVRON U.S.A. INC. CALIFORNIA PARK & RECRE 000283 FICA/MED 000283 FICA/MED 000283 FICA/MED 000283 FICA/MED 000283 FICA/MED 000283 FICA/MED 000283 USIT 000283 USIT 000283 USIT 000283 USIT 000283 USIT 000283 USIT REFUND CANC. CLASS/HIM REFUND/BLANTON ALARM MONITORING;JULY - LEGAL ADVERTISING FY 92 FUEL CHARGES/JULY 92 FUEL CHARGES/JULY 92 FUEL CHARGES/JULY 92 MEMBERSHIP DUES FOR BRU ACCOUNT NUMBER 001-162-999-5250 001-2090 100-2090 190-2090 300-2090 330-2090 001-150-999-5250 001-150-999-5250 001-100-999-5260 001-2070 100-2070 190-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 300-2070 320-2070 330-2070 190-183-4848 190-183-4937 001-199-999-5250 001-120-999-5256 001-110-999-5263 190-180-999-5263 001-170-999-5262 190-180-999-5226 ITEM AMOUNT 75.00 12,841.36 3,802.87 3,891.60 142.48 569.92 103.33 2.69 29.00 2,096.80 333.27 428.64 18.47 43.57 12.80 585.37 90.27 227.18 8.67 16.08 18.48 2,154.49 365.16 696.60 20.13 37.30 42.88 9,021.03 1,609.77 2,246.54 81.28 208.34 71.77 30.00 30.O0 135.00 30.20 138.97 27.91 49.09 110.00 PAGE 2 CHECK AMC~JNT 75.00 21,354.25 29.00 3,8 3 16,555.29 30.0O 30.O0 135.00 30.20 215.97 VOUCHRE2 09/10/92 VOUCHER/ CHECK NUMBER 11712 11713 11713 11713 11713 11713 11713 11713 11713 11713 11713 11714 11714 11714 11715 11715 11715 11716 1717 11717 11717 11717 11717 11717 11717 11717 11717 11717 11717 11717 11717 11717 11717 11717 11717 11718 11718 11718 11719 11719 11720 15:52 CHECK DATE 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 VENDOR NUMBER 000152 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000184 000184 000184 000186 000186 000186 000206 000208 000208 000208 000208 000208 000208 000208 000208 000208 000208 000208 000208 000208 000208 000208 000208 000208 000210 000210 000210 000214 000214 000239 VENDOR NAME CALIFORNIA PARK & RECRE GLENHIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GTE GTE GTE HANKS HARDWARE HANKS HARDWARE HANKS HARDWARE KINKO'S COPIES KNOX KNOX KNOX KNOX KNOX KNOX KNOX KNOX KNOX KNOX KNOX KNOX KNOX KNOX KNOX KNOX KNOX LEAGUE OF CALIF.CITIES LEAGUE OF CALIF.CITIES LEAGUE OF CALIF.C]T]ES LUNCH & STUFF CATERING LUNCH & STUFF CATERING OLSTEN TEMPORARY SERVIC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MEMBERSHIP DUES FOR 6A-J1-G200-10; WEEKLY D SALES TAX 7.75% 6A-J1-G200-10; WEEKLY D SALES TAX 7.75% 4055/BDY TRAY/PO# 1268 TAX OPEN ACCOUNT FOR OFF]CE OPEN ACCOUNT FOR OFFICE OPEN ACCOUNT FOR OFFICE OPEN ACCOUNT FOR OFFICE 7146941989/AUG. 92 7146941989/AUG. 92 7146941989/AUG. 92 OPEN ACCOUNT; MAINTo SU OPEN P.O. TCSD M]SC. IT OPEN ACCOUNT; CITY OPEN ACCOUNT;STOCK AS N HEX WRENCH (KEYSETS) HEX WRENCH (KEYSETS) POP RIVET TOOL NO. 1681 10" FLT BASTARD FILE CHAIN SAW FILE NO. 1270 14 PC. 1/Z" SOCKET SET 7-HEDGE SHEAR NO. 1187 LOPPER NO. 11829 LABEL MARKER NO. 821780 BENCH GRINDER (NILW. 1f-4 METAL GRINDING WHEEL (6 W]E BUSH WHEEL (6" MED. 3/8" DRIFT PUNCHES (3/8 5/16" DRIFT PUNCHES (5/ 5/16" MAG. SOC. (FOR MA SCREW[)RIVE BIT (FOR MAK TAX ADV. REG. 94TH ANNUAL C ADV. REG. 94TH ANNUAL C ADV. REG. 94TH ANNUAL C CATERING/COUNCIL/STAFF CATERING/COUNCIL/STAFF TEMP SERV. 08/10-08/16 ACCOUNT NUMBER 190-180-999-5226 001-163-999-5220 001-163-999-5220 001-163-999-5220 001-163-999-5220 190-180-999-5220 190-180-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 320-199-999-5208 001-1300 001-1220 100-164-999-5218 190-180-999-5212 001-199-999-5250 330-199-999-5590 100-164-999-5242 100-164-999-5242 100-164-999-5242 I00-164-999-5242 100-164-999-5242 100-164-999-5242 100-164-999-5242 100-164-999-5242 100-164-999-5242 100-164-999-5242 100-164-999-5242 100-164-999-5242 100-164-999-5242 100-164-999-5242 100-164-999-5242 100-164-999-5242 100-164-999-5242 001-100-999~5258 001-110-999-5258 001-120-999-5258 001-100-999-5260 001-140-999-5260 001-162-999-5118 ITEM AMOUNT 375.00 5.75 .45 1.80- .14- 31.46 2.44 13.35 5.79 13.66 2.09 1,646.53 184.34 300.83 314.02 126.32 131.07 12.82 12.63 11.66 26.90 11.08 3.36 37.62 26.43 61.54 17.58 144.10 14.24 12.18 14.00 9.09 3.74 3.24 31.73 720.00 185.00 175.00 140.00 20.00 340.40 PAGE 3 CHECK AMOUNT 485.00 73.05 2,131.70 571.41 12.82 441.12 1,080.00 160.00 340.40 11721 09/10/92 000241 ORANGE SPORTING GOODS TC 12 DEBEER SOFTBALLS 190-183~905-5300 227.70 VOUCHRE2 09/10/92 VOUCHER/ CHECK NUMBER 11721 11722 11722 11722 11722 11722 11722 11722 11722 11722 11722 11722 11722 11722 11722 11723 11723 11724 11725 11725 11725 11725 11725 11725 11725 11725 11725 11726 11726 11726 11727 11727 11727 11727 11727 11727 11728 11728 11729 11729 11729 11729 11729 15:52 CHECK DATE 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 09/10/92 VENDOR NUMBER 000241 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000248 000248 000268 000269 000269 000269 000269 000269 000269 000269 000269 000269 000282 000282 000282 000294 000294 000294 000294 000294 000294 000308 000308 000325 000325 000325 000325 000325 VENDOR NAME ORANGE SPORTING GO00S PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RETIREM PERS EMPLOYEES~ RETIREM PERS EMPLOYEESr RETIREM PERS EMPLOYEES' RET]REM PERS EMPLOYEES' RETIREM PERS EMPLOYEESr RETIREM PERS EMPLOYEES~ RETIREM PERS EMPLOYEES~ RETIREN PERS EMPLOYEES~ RETIREM PERS EMPLOYEESf RETIREM PERS EMPLOYEESf RETIREM PERS EMPLOYEES~ RETIREM PERS EMPLOYEES~ RETIREM PETROLANE PETROLANE RIV. CO. HABITAT CONSER RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY SCMAF SCMAF SCMAF STATE COMPENSATION INS. STATE COMPENSATION INS, STATE COMPENSATION INS. STATE COMPENSATION INS, STATE COMPENSATION INS. STATE COMPENSATION INS. TEMECULA TO~NE ASSOC]AT TENECULA TOWNE ASSOC]AT UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN UNITED WAY OF THE INLAN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TAX 000246 PER REDE 000246 PER REDE 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR FUEL JULY 92 FUEL AUG. 92 K-RAT PAYMENT AUG. 92 AVY S101; CLEAR INDEX T AVY S151; CLEAR INDEX T DEN 59-222; TABBING STR H SMD SS3 12AD; FOLDER OXF 4152X1; BOX BOTTOM J-N04250; SHEET PROTECT TAX TOMPTS-2O .23 OZ ADHESI TAX SOFTBALL REGISTRATION SOFTBALL REGISTRATION SOFTBALL REGISTRATION WORKERS COMP PAYMENT AU WORKERS COMP PAYMENT AU WORKERS COMP PAYMENT AU WORKERS COMP PAYMENT AU WORKERS COMP PAYMENT AU WORKERS COMP PAYMENT AU LOCKER RENTAL/AUG. 92 SERVICES FOR SET UP AND 000325 UW 000325 UW 000325 UW 000325 UW 000325 UW ACCOUNT NUMBER 190-183-905-5300 001-2130 100-2130 001-2390 100-2390 190-2390 300-2390 320-2390 330-2390 001-2390 100-2390 190-2390 300-2390 320-2390 330-2390 001-162-999-5263 001-162-999-5263 001-2300 001-140-999-5220 001-140-9~9-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-120-999-5220 001-120-999-5220 190-183-905-5300 190-183-906-5300 190-183-907-5300 001-2370 100-2370 190-2370 300-2370 320-2370 330-2370 190-180-999-5238 190-180-999-5250 001-2120 100-2120 190-2120 300-2120 330-2120 ITEM AMOUNT 17.66 42.94 171.76 9,415.57 1,727.34 2,122.79 92.26 183.21 216.37 53.50 9.05 11.16 .46 .93 1.86 161.34 222.57 11,561.55 6.54 9.00 3.30 2.30 41.25 9.50 5.58 6.30 .49 222.00 42.00 60.0O 6,195.78 1,957.26 4,305.29 45.86 130.18 236.68 15.00 75.00 62.75 8.00 14.00 1.25 5.00 PAGE CHECK AMOUNT 245.36 14,049.20 383.91 11,561.55 84.26 324.00 12,871.05 90.00 9_~.00 VOUCHRE2 09/10/92 15:52 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER 11730 09/10/92 000332 VANDORPE CHOU ASSOCIAT] PLAN CHECK FEES C0#1280 001-162-999-5248 11731 09/10/92 000352 RIVERSIDE, COUNTY ASSES ADDRESS ]NFO. PARC. CFD 001-1280 11732 09/10/92 000360 GREEK, HAROLD F. PRO. SERV. AUG. 92 190-180-999-5250 11733 09/10/92 000377 STATE DEPT. OF TRANSPOR S]GNALS/L|GHTING/MAY 9 001-2020 11734 09/10/92 000385 SHELDON EXTINGUISHER CO SERVICE ON FIRE EXTINGU 001-162-999-5250 11734 09/10/92 000385 SHELDON EXTINGUISHER CO SERVICE ON FIRE EXTINGU 100-164-999-5214 11735 09/10/92 000389 USCM 11735 09/10/92 000389 USCM 11736 09/10/92 000428 HORIZON WATER 11736 09/10/92 000428 HORIZON WATER 000389 PT RETIR 001-2160 000389 PT RETIR 190-2160 SEPT COOLER CHG. 190-182-999-5240 TAX 190-182-999-5240 11737 09/10/92 000474 ARBOR-PRO TREE SERVICE TRIM 74 TREES ON JEFFER 100-164-999-5402 11737 09/10/92 000474 ARBOR-PRO TREE SERVICE RAISE 50 R.O.W. TREES T 100-164-999-5402 11738 09/10/92 000508 SAFEGUARD BUSINESS SYST REIMBURSEMENT CHECK ORD 001-150-999-5222 11738 09/10/92 000508 SAFEGUARD BUSINESS SYST REIMBURSEMENT ENV. ORDE 001-150-999-5222 ---~1738 09/10/92 000508 SAFEGUARD BUSINESS SYST FREIGHT 001-150-999-5222 738 09/10/92 000508 SAFEGUARD BUSINESS SYST TAX 001-150-999-5222 11739 09/10/92 000546 RADIO SHACK/BUTTERFIELD PURCHASE PHONE/CITY YA 001-163-999-5240 11740 09/10/92 000562 CHAPLAIN PLANNING PRESS PURCHASE PLANNING COMM. 001-161-999-5412 11741 09/10/92 000563 T.E.A.M. INC. 11742 09/10/92 000564 NEWTON, BENNIE T. 11743 09/10/92 000565 HAFSTER, DONNA 11744 09/10/92 000566 TVUSD 11745 09/10/92 000567 MARKER, EVELYN SCHOLARSHIPS 001-2020 JAZZ BAND/ARTS & CRAFT 190-183-4937 FACE PA[NT[NG/ARTS&CRAF 190-183-4937 RESTROOM SUPPLIES/AQUAT 190-183-810-5300 CONFERENCE/EDUCATION 190-180-999-5258 11746 09/10/92 000568 F.P. BANTA JR. ELECTRIC PRO. SERV. FOR STORAGE 001-163-999-5240 11747 09/10/92 000569 LOCAL GOVERNMENT INSTIT PERSONNEL & PROCEDURES 001-150-999-5228 11748 09/10/92 000570 WIMBERLY, VALER|E LUNCH MEETING REIMBURSE 001-161-999-5260 11749 09/10/92 000571 CITY TRAFFIC ENG. ASSOC TRAFFIC COMMISSIONERS W 001-163-999-5258 ITEM AMOUNT 482.38 92.83 200.00 81.00 8.50 8.50 443.96 636.34 78.00 6.05 120.50 294.50 65.00 32.40 5.16 7.95 53.82 66.24 468.81 400.00 120.00 49.26 29.12 875.00 19.00 59.48 60.00 PAGE 5 CHECK AMOUNT 482.38 92.83 200.00 81.00 17.00 1,080.30 84.05 415.00 110.51 53.82 66.24 468.81 400.00 120.00 49.26 29.12 875.00 19.00 59.48 60.00 TOTAL CHECKS 92,093.94 VOUCHRE2 09/10/92 15:52 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COMMUNITY SERVICES DISTRICT 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 COPY CENTER FUND TOTAL AMOUNT 60,119.91 11,253.39 16,855.06 410.86 2,266.14 1,188.58 92,093.94 VOUCHRE2 09/10/92 VOUCHER/ CHECK NUMBER 11752 11752 11753 11753 11753 11753 11754 11754 11754 11754 11755 11755 11755 11756 11756 11756 11757 ~.--J1757 1757 11758 11759 11759 11760 11761 11762 11763 11763 11764 11765 11765 11766 11766 11767 11768 16:51 CHECK VENDOR VENDOR DATE NUMBER NAME 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 000102 AMERICAN FENCE' COMPANY 000102 AMERICAN FENCE COMPANY 000108 ALL CITY MANAGEMENT 000108 ALL CITY MANAGEMENT 000108 ALL CITY MANAGEMENT 000108 ALL CITY MANAGEMENT 000123 -BURKE WILLIAMS & SORENS 000123 BURKE WILLIAMS & SORENS 000123 BURKE WILLIAMS & SORENS 000123 BURKE WILLIAMS & SORENS 000126 000126 000126 CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE 000135 000135 000135 CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER 000143 000143 000143 COPY LINE CORPORATION COPY LINE CORPORATION COPY LINE CORPORATION 000146 COUNTS UNLIMITED 000162 EGGHEAD DISCOUNT SOFTWA 000162 EGGHEAD DISCOUNT SOFTWA 000164 ESGIL CORPORATION 000224 MELAD & ASSOCIATES 000231 NBS/LOWRY 000237 OLIVER BROTHERS 000237 OLIVER BROTHERS 000251 PLANNING CENTER, THE 000257 RAMTEK 000257 RAMTEK 000341 WILLDAN ASSOCIATES 000341 WILLDAN ASSOCIATES 000379 W. DEAN DAVIDSON 000403 SHAWN SCOTT POOL & SPA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM ACCOUNT DESCRIPTION NUMBER FENCING AT SOLANA WAY & 100'164'999-5402 FENCING AT MARGARITA & 100-164-999-5402 TRAFFIC CONTROL 6/28-7/001-170-999-5253 TRAFFIC CONTROL 7/12-7/001-170-999-5253 TRAFFIC CONTROL/07/26- 001-170-999-5253 TRAFFIC CONTROL/08/09-O 001-170-999-5253 PRO. SERV. JULY 92 001-130-999-5246 RETAINER SERV. 7/13-7/3 001-130-999-5246 RECORDING NOTICE LIS PE 190-180-999-5246 PRO. SERV. JULY 92 001-130-999-5246 JULY LANDSCAPE 190-180-999-5250 JULY LANDSCAPE 191-180-999-5510 JULY LANDSCAPE 193-180-999-5510 ASSEMBLY OF ARROW BOARD 100-164-999-5215 2003 SOLAR PRO "ARROW P 100-164-999-5610 TAX 100-164-999-5610 SERVICE CALL ON RICHO F 330-199-999-5584 LABOR HOURS 330-199-999-5584 TAX 3]0-199-999-5584 TRAFFIC COUNTS PROGRAM 001-163-999-5250 PARADOX 4.0 FOR DOS UPG 320-199-999-5221 TAX 320-199-999-5221 92-93 PLAN CHECK FEES 001-162-999-5248 PLAN CHECKING SERV. CO# 001-162-999-5248 CONSTRUCTION MANAGEMENT 110-165-622-5804 CONTRACT CHANGE ORDER # 110-165-605-5804 CONSTRUCTION OF [-15/RA 110-165-622-5804 PREP. OF CITY'S GENERAL 001-161-999-5248 STREET MAINT. TO BE PER 100-164-999-5402 STREET MAINT. TO BE PER 100-164-999-5402 PRO. SERV. DEC 91 001'2020 PRO. SERV. JAN 92 001-2020 ARCHITECTURAL & ENGINEE 210-199-801-5804 OPEN PURCHASE ORDER FOR 190-180-999-5212 ITEM AMOUNT 1,543.00 1,795.00 3,740.00 6,425.23 3,828.40 6,292.63 3,150.00 1,903.29 174.50 333.50 9,664.41 561.67 21,151.88 188.57 5,100.00 395.25 1,239.81 315.00 96.09 2,835.00 3,580.00 277.45 2,974.70 1,398.31 31,963.90 8,929.84 116,310.91 16,344.36 4,347.81 6,198.32 8,250.00 2,728.00 4,868.00 1,396.00 PAGE 2 CHECK AMOUNT 3,338.00 20,286.26 5,561.29 31,377.96 5,683.82 1,650.90 2,835.00 3,857.45 2,974.70 1,398.31 31,963.90 125,240.75 16,344.36 10,546.13 10,978.00 4,868.00 1,396.00 VOUCHRE2 09/10/92 VOUCHER/ CHECK NUMBER 11769 11770 117'/1 11~2 11772 11772 11773 11773 11774 16:51 CHECK DATE 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 09/22/92 VENDOR NUMBER 000434 000437 000482 000520 000520 000520 000533 000533 000551 VENDOR NAME SIERRA COMPUTER SYSTEMS MORELAND & ASSOCIATES LEIGHTON & ASSOCIATES HINDERLITER DE LAMAS, A HINDERLITER DE LAMAS, A HINDERLITER DE LAMAS, A MASTER K-9, INC. MASTER K-9, INC. HOWARD ENTERPRISES CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PERMIT SOFTWARE PACKAGE PRO. SERV. YR END JUNE PRO. SERV. 6/27-7/31/92 PROPERTY TAX ANALYSIS 9 CONTRACT SERV. 1ST QUAR SERV. REND. 2ND QTR 92 MALINOIS K-9 POLICE DOG DRUG TRAINING COURSE;YR MARKETING VIDEOS TOTAL CHECKS ACCOUNT NUMBER 001-162'999-5660 001-2020 110-165-605-5804 001-2020 001-2020 001-2020 001-170-999-5285 001-170-999-5285 001-100-999-5267 ITEM AMOUNT 4,112.38 8,344.12 1,610.00 7,200.00 1,214.73 10,573.32 5,500.00 2,953.50 2,228.26 PAGE 3 CHECK AMOUNT 4,112.38 8,344.12 1,610.00 18,988.05 8,453.50 2,228.26 324,037.14 VOUCHRE2 09/10/92 16:51 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 110 RANCHO CALIF ROAD REIMB DIST 190 COMMUNITY SERVICES DISTRICT 191 TCSD ZONE A 193 TCSD ZONE C 210 CAPITAL IMPROVEMENT PROJ FUND 320 INFORMATION SYSTEMS 330 COPY CENTER FUND TOTAL AMOUNT 102,329.73 19,567.95 158,814.65 11,234.91 561.67 21,151.88 4,868.00 3,857.45 1,650.90 324,037.14 ITEM NO¸. 4 APPROVAL r/--~,,,'-- CITY ATTORNEY '-"""' FINANCE OFFICER ~ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer September 22, 1992 City Treasurer's Report as of July 31, 1992 RECOMMENDATION: That the City Council receive and file the City Treasurer's report as of July 31, 1992. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with the Code Sections as of July 31, 1992. FISCAL IMPACT: None ATTACHMENT: City Treasurer's Report as of July 31, 1992 City of Temecula City Treasurer's Report As of July 31, 1992 Cash Activity for the Month of July: Cash and Investments as of July 1, 1992 Cash Receipts Cash Disbursements Cash and Investments as of July 31, 1992 17,885,671 1,310,841 (2,081,726) 17,114,786 Cash and Investments Portfolio: Type of investment Institution Yield Petty Cash N/A N/A Demand Deposits Security Pacific N/A Treasury Service Shares Pacific Horizons 3.300% Deferred Comp. Fund ICMA N/A Local Agency Investment Fund State Treasurer 5.235% Maturity Date N/A N/A N/A N/A N/A Balance 800 (153,895) (1) 361,141 218,428 16,688,312 17,114,786 (1)-This amount includes outstanding checks. Per Government Code Requirements, this Treasurer's Report is in compliance with the City of Temecula's Investment Policy and there are adequate funds available to meet budgeted and actual expenditures for the next thirty days of the City of Temecula. Prepared by Carole Serfling, Senior Accountant -lil .-~O(D '--C.,]O ITEM NO. APPROVAL CITY ATTORNEY l"<"'~'i~ FINANCE OFFICE~~ CITY MANAGER .... TO: FROM: DATE: SUBJECT: RECOMMENDATION: CITY OF TEMECULA AGENDA REPORT City Manger/City Council Mary Jane Henry, Finance Officer September 22, 1992 Formation of Temecula Public Facilities Financing Corporation That the City Council adopt a resolution entitled: RESOLUTION NO. 92- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FORMATION OF THE TEMECULA PUBLIC FACILITIES FINANCING CORPORATION AND APPOINTING THE INITIAL DIRECTORS THEREOF. DISCUSSION: In order to facilitate the sale of bonds by the Temecula Community Services District for the Community Recreation Center it is necessary to form a financing corporation as described in the attached Articles of Incorporation. Attachments: Resolution No. 92- Articles of Incorporation of Temecula Public Facilities Financing Corporation Bylaws of Temecula Public Facilities Financing Corporation RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TE1VIECULA APPROVING TIIE FORMATION OF THE TEMECULA PUBLIC FACILITIES FINANCING CORPORATION AND APPOINTING THE INITIAL DIRECTORS THEREOF WHEREAS, the Temecula Community Services District (the "District"), a community services district duly organized and existing under and pursuant to the Constitution and laws of the State of California (the "State"), proposes to aid in the financing and construction of a community recreation center (the "Project") within the City of Temecula (the "City"); and WHEREAS, in order to assist the District in the financing of the construction of the Project, the City proposes to approve the formation of the Temecula Public Facilities Financing Corporation (the "Corporation"), a nonprofit public benefit corporation organized under the Nonprofit Public Benefit Corporation Law (Part 2 of Division 2 of Title 1 of the Corporation code of the State of California), and to appoint the initial directors of the Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA AS FOLLOWS: Section 1. Approval of the Directors of the Corporation. The City Council hereby approves the formation of the Corporation. The members of the City Council of the City are hereby appointed as the Directors of the Corporation. The form of bylaws and articles of incorporation of the Corporation presented to this meeting and on file with the City Clerk are hereby ratified and approved. Section 2. Effect. This resolution shall take effect immediately upon its passage. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] .~ 5/CsdReso03 -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. 92- , was duly adopted at a regular meeting of the City Council of the City of Temecula on the day of ,1992, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: C OUNCILMEMBERS: ABSENT: C OUNCILEMMBERS: June S. Greek, City Clerk 5/CsdRe~03 -2- ARTICLES OF INCORPORATION OF TEMECULA PUBLIC FACILITIES FINANCING CORPORATION The name of this corporation is: TEMECULA PUBLIC FACILITIES FINANCING CORPORATION. II. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law (commencing at Section 5110 of the California Corporations Code) for public purposes. The public purposes for which the corporation is organized include the following: to provide financial assistance to the City of Temecula (the "City"), its special districts and other related entities, by acquiring, constructing, rehabilitating, remodeling, improving, installing and financing various facilities, land and equipment, and the sale and leasing of facilities, land and equipment (collectively, "facilities") for the use, benefit and enjoyment of the public served by the City and any other purpose incidental thereto. III. This corporation is organized under the direction of a group of public-spirited citizens for the sole purpose of acquiring, constructing, rehabilitating, remodeling, improving, installing and financing, or providing for the acquisition, construction, rehabilitation, remodeling, improvement and installation of said facilities as a civic venture for and on behalf of the City. This corporation shall never engage in any business or activity other than that necessary or convenient for or incidental to the carrying out of the public purposes set forth in Article II hereof. IV. No part of the net earnings, if any, of this corporation, either during its existence or upon its dissolution, shall ever inure to the benefit of any member, private shareholder, individual, person, firm or corporation excepting only the City. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation; nor shall it participate in, or intervene in (including the publishing or distributing of statements) any political campaign on behalf of any candidate for public office. The property, assets, profits and net revenues of this corporation are irrevocably dedicated 60 the City; provided, however, that until all indebtedness of this corporation shall have been paid, such net revenues may be used for the purpose of paying or calling for redemption or prepayment any bonds, certificates of participation, debentures, notes or other evidences of such indebtedness. Upon the dissolution, liquidation or winding up of this corporation, or upon w\6636000004\articles 2 abandonment or the impossibility of performance by this corporation of its specific organizational purposes set forth in Article II hereof, the assets of this corporation remaining after payment of all or provision for all debts or liabilities of this corporation and after compliance with Chapters 15, 16 and 17 of the Nonprofit Public Benefit Corporation Law shall be distributed to the City for public purposes. This corporation is organized and operated exclusively for public purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code"). Notwithstanding any other provision of these Articles, this corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code or any successor statute thereto or (b) by a corporation contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code or any successor statute thereto. V. The name and address in this state of this corporation's initial agent for service of process is: Mr. David F. Dixon City Manager City of Temecula City Hall 43174 Business Park Drive Temecula, California 92590 w\6636000004\articles VI. The number of directors of this corporation shall be fixed by the Bylaws. The persons who are directors of this corporation, from time to time, shall be selected as provided in the Bylaws. The directors of this corporation shall have no liability for dues or assessments. There shall be no members of this corporation. IN WITNESS WHEREOF, for the purposes of forming the corporation under the laws of the State of California, the undersigned has executed these Articles of Incorporation this day of September, 1992. Incorporator w\6636000004\articles 4 BYLAWS OF TEMECULA PUBLIC FACILITIES FINANCING CORPORATION ARTICLE I. Name, Organization and Purpose. Principal Office Section 1.01. Name. The name of this corporation is TEMECULA PUBLIC FACILITIES FINANCING CORPORATION (hereinafter referred to as the "Corporation"). Section 1.02. Organization, Purpose and Use of Funds. The Corporation is a nonprofit public benefit corporation organized under the Nonprofit Public Benefit Corporation Law of the State of California to provide financial assistance to the City of Temecula (the "City"), its special districts and other related entities, by acquiring, constructing, rehabilitating, remodeling, improving, installing and financing various facilities, land and equipment, and the sale and leasing of facilities, land and equipment (collectively, "facilities") for the use, benefit and enjoyment of the public served by the City and any other purpose incidental thereto. The activities of the Corporation shall be limited to the activities described in its Articles of Incorporation. No gains, profits or dividends shall be distributed to any of the Directors or officers of the Corporation; and no part of the net earnings, funds or assets of the Corporation shall inure to the benefit of any Director or any other person, firm or corporation excepting only the City. Section 1.03. Principal Office. The principal office of the Corporation is hereby fixed and located at the offices of the City of Temecula, presently located at 43174 Business Park Drive, Temecula, California 92590. The Board of Directors is hereby granted full power and authority to change said principal office from one location to another. Any such change shall be noted by the Secretary opposite this section, but shall not be considered an amendment to these Bylaws. ARTICLE II. No Members Section 2.01. NO Members. Pursuant to Section 5310 of the Nonprofit Public Benefit Corporation Law, the bylaws of a nonprofit public benefit corporation may provide that the corporation shall have no members. The Corporation shall have no members. ARTICLE III. Directors Section 3.01. Powers. Subject to limitation of the Articles of Incorporation, or the Bylaws, and of the California Nonprofit Public Benefit Corporation Law, and subject to the duties of Directors as prescribed by the Bylaws, all powers of the Corporation shall be exercised by or under the authority of, and the business and affairs of the Corporation shall be w\ 6636000004 \by- laws 2 controlled by, the Board of Directors. No Director shall be responsible for any error in judgment or for anything that he or she may do or refrain from doing in good faith. Without prejudice to such general powers, but subject to the same limitations, it is hereby expressly declared that the Directors shall have the following powers, to wit: First - to select and remove all the other officers, agents and employees of the Corporation, prescribe such powers and duties for them as may not be inconsistent with law or the Articles of Incorporation or Bylaws, fix their compensation and require from them security for faithful service; Second - To conduct, manage and control the affairs and business of the Corporation and to make such rules and regulations therefor not inconsistent with law or the Articles of Incorporation or Bylaws, as they may deem best; and Third - To borrow money and incur indebtedness for the purposes of the Corporation, and to cause to be executed and delivered therefor, in the name of the Corporation, promissory notes, bonds, certificates of participation, debentures, deeds of trust, mortgages, pledges, hypothecations or other evidences of debt and securities therefor. w\6636000004\by-laws 3 Section 3.02. Number of Directors. The authorized number of Directors shall be five until changed by amendment of the Articles of Incorporation or by amendment of the Bylaws. Section 3.03. Selection and Term of Office. The Directors of the Corporation shall be the members of the City Council of the City. Each Director shall hold office for a term concurrent with such Director's term as a member of the City Council of the City. Unless a vacancy in the office occurs, the Director appointed shall hold office until the expiration of his/her term and until a successor has been designated and has accepted the office. Section 3.04. Vacancies. Subject to the provisions of Section 5226 of the Nonprofit Public Benefit Corporation Law of the State of California, any Director may resign effective upon giving written notice to the President, the Secretary, or the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor may be selected before such time, to take office when the resignation becomes effective. A vacancy or vacancies in the Board of Directors shall be deemed to exist in case of the death, resignation, or removal of any Director, or if the authorized number of Directors is increased. Vacancies in the Board shall be filled in the same manner as the Director whose office is vacant was selected. Each Director so selected shall hold office until the expiration of the term of w\6636000004\by- laws 4 the replaced Director and until a successor has been selected and has accepted the office. Section 3.05. Organization and Annual Meetings. The Board of Directors shall hold an annual meeting for the purpose of organization, selection of officers, and the transaction of other business. Subject to Section 3.11, annual meetings of the Board shall be held without call or notice on the date of the regularly scheduled meeting of the City Council of the City of Temecula at its first regularly scheduled meeting in December; provided, however, should said day fall upon a holiday observed by the Corporation at its principal office, then said meeting shall be held at the same time on the next day thereafter ensuing which is a full business day. Section 3.06. Regular Meetings. The Board of Directors by resolution may provide for the holding of regular meetings and may fix the time and place of holding such meetings. Notice of regular meetings need not be given. Section 3.07. Special Meetings: Notice Waiver. A special meeting of the Board of Directors shall be held whenever called in accordance with Section 3.11 hereof. Section 3.08. Adjourned Meetings: Notice of Adjournment. The Board of Directors may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of w\6636000004 \by- laws the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. Section 3.09. Ouorum. A majority of the Directors then holding office shall be necessary to constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board of Directors unless a greater number is required by law or by the Articles of Incorporation. Section 3.10. Fees and Compensation. Directors shall receive no compensation or expenses for their services as Directors. Section 3.11. Ralph M. Brown Act. Notwithstanding any of the provisions of these Bylaws to the contrary, all meetings of Directors shall be subject to the Ralph M. Brown Act, coE~encing at Section 54950 of the Government Code of the State of California. Section 3.12. Conduct of Meetings. The President or, in his/her absence, the Vice President, or a Chairman chosen by a majority of the Directors present, shall preside. ARTICLE IV. Officers w\6636000004\by- laws Section 4.01. Officers. The officers of the Corporation shall be a President, a Vice President, a Secretary and a Treasurer. The Corporation may also have, at the discretion of the Board of Directors, one or more additional Vice Presidents, one or more Assistant Secretaries, one or more Assistant Treasurers, and such other officers as may be appointed by the Board of Directors. One person may hold two or more offices, except that the offices of President and Secretary or President and Treasurer may not be combined. Section 4.02. Election. The officers shall be chosen annually by the Board of Directors and each shall hold office until the officer shall resign, be removed, or otherwise disqualified to serve, or the officer's successor shall be elected and qualified. Section 4.03. Removal and Resignation. Any officer may resign, or may be removed, with or without cause, by the Board of Directors at any time. Vacancies causedby death, resignation or removal of any officer may be filled by appointment by the Board of Directors, or by the President until such appointment by the Board of Directors. Section 4.04. President. The President shall be the executive officer of the Corporation an~, subject to the control of the Board of Directors, shall have general supervision, direction and control of the affairs of the Corporation. The President shall preside at all meetings of members and meetings of the Board of Directors. w\6636000004\by-laws Section 4.05. Vice President. In the absence or disability of the President, the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions upon, the President. The Vice President shall have such other powers and perform such other duties as from time to time may be prescribed for the Vice President respectively by the Board of Directors or by the Bylaws. Section 4.06. Secretary. The Secretary shall keep at the principal office of the Corporation a book of minutes of all meetings of Directors, with the time and place of holding, how called or authorized, the notice thereof given, and the names of those present at Directors' meetings. Section 4.07. Treasurer. The Treasurer shall be the chief financial officer and shall keep and maintain adequate and correct books of account showing the receipts and disbursements of the Corporation, and an account of its cash and other assets, if any. Such books of account shall at all reasonable times be open to inspection by any Director. The Treasurer shall deposit all moneys of the Corporation with such depositories as are designated by the Board of Directors, and shall disburse the funds of the Corporation as may be ordered by the Board of Directors, and shall render to the President or the Board of Directors, upon request, statements of the financial condition of the Corporation. w\6636000004 \by- laws 8 Section 4.08. Subordinate Officers. Subordinate officers shall perform such duties as shall be prescribed from time to time by the Board of Directors or the President. ARTICLE V. Miscellaneous Section 5.01. Execution of Documents. The Board of Directors may authorize any officer or officers as agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the Corporation and such authority may be general or confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent or other person shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose or to any amount. Section 5.02. Inspection of Bylaws. The Corporation shall keep in its principal office the original or a copy of these Bylaws, as amended or otherwise altered to date, certified by the Secretary, which shall be open to inspection by members of the public and the Directors at all reasonable times during office hours. Section 5.03. Annual Report. The annual report referred to in Section 6321 of the Nonprofit Public Benefit Corporation Law of the State of California is expressly dispensed with. Section 5.04. Fiscal Year. The fiscal year of the Corporation shall begin July 1 and end on the last day of June of w\6636000004 \by- laws each year, except the first fiscal year which shall run from the date of incorporation to June 30, 1993. Section 5.05. Dissolution. In the event of dissolution of the Corporation in any manner and for any cause, after the payment or adequate provision for the payment of all of its debts and liabilities, all of the remaining funds, assets and properties of the Corporation shall be paid or distributed to the City. Section 5.06. Construction and Definitions. Unless the context otherwise requires, the general provisions, rules of construction and definitions contained in the Nonprofit Public Benefit Corporation Law of the State of California shall govern the construction of these Bylaws. If any section, subsection, sentence, clause or phrase of these Bylaws, or the application thereof, is contrary to the Nonprofit Public Benefit Corporation Law of the State of California, the prcvisions of that. law shall prevail. Without limiting the generality of the foregoing the masculine gender includes the feminine and neuter, the singular number includes the plural and the plural number includes the singular, and the term "person" includes a corporation as well as a natural person. ARTICLE VI. Amendments Section 6.01. Power of Directors. New Bylaws may be adopted or these Bylaws may be amended or repealed by the vote of w\6636000004 \by- laws 10 the Board of Directors. No amendment to these Bylaws shall be effective until approved by the Board of Directors. w\6636000004 \by- laws 11 ITEM NO. 6 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~ ' FINANCE OFFICER CITY MANAGER ,"T'~" CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning September 22, 1992 Tentative Tract Map No. 23143, Amendment No. 5, Development Agreement No. 26 RECOMMENDATION: The City Council recognize the applicability of Development Agreement No. 26 to Tentative Tract Map No. 23143, Am'endment No. 5. BACKGROUND On January 29, 1991, the City Council approved the First Time Extension for Tentative Tract Map No. 23143. The Conditions of Approval for the First Time Extension required recordation of a Development Agreement prior to recordation of the Final Map. Subsequently, the Second Extension of Time was approved by Staff with the same condition (Condition No. 45). The applicant has brought to Staff's attention that Development Agreement No. 26 was recorded on the property when the Tentative Map was originally approved by the County on August 16, 1988. FISCAL IMPACT None Attachments: 1. Development Agreement No. 26 - page 2 2. Conditions of Approval for Tentative Tract Map No. 23143, Amendment No. 5, Second Extension of Time - page 3 vgw S~STAFFRPT~23143-5. CC ATTACHMENT NO. 1 DEVELOPMENT AGREEMENT NO. 26 /---- S~STAFFRPT~23143-5 .CC 2 Recorded at request of Clerk, Board of Supervisors County of Riverside When recorded return to Riverside County Planning Director 4080 Lemon Street, 9th Floor Riverside. CA 92501 DEVELOPMENT AGREEMENT NO. 26 A DEVELOPMENT AGREEMENT BETWEEN COUNTY OF RIVERSIDE and TAYLOR WOODROW HOMES CALIFORNIA, LIMITED Butterfield Stage Ranch VESTING TENTATIVE TRACT MAPS NO. 22430 AND NO. 23143 Development Agreement No. 26 TABLE OF CONTENTS SECTION 1,1 1,1,1 1.1.2 1,1.3 1.1.4 1,1,5 1.1,6 1,1,7 1.1,8 11,9 11,10 11,11 11.1~- 11,13 11,14 1,1,15 1,1,16 1.1.17 1.2 2.1 2.2 2,3 2.4 2,4,1 2,4,2 2,4,3 2,4,4 2,4,5 2.5 2,6 2.7 HEADING PAGE RECITALS ................ 1 DEFINITIONS AND EXHIBITS ........ 3 3 Definitions ............. 3 Agreement ............. COUNTY ............... 3 Development ............ 3 Development Approvals ....... 3 Development Exaction ...... 3 Development Plan .......... 4 Effective Date ........... 4 Existing Development Approvals 4 Existing Land Use Regulations 4 Land Use Regulations ...... 4 4 OWNER ........... . · · 5 Mortgagee ............ 5 Pro~ect .............. Property ............. 5 Reservations of Authority ..... 5 Subsequent Development Approvals 5 Subsequent Land Use Regulations 5 Exhibits ............. 5 GENERAL PROVISIONS ........... 5 Binding Effect of Agreement ..... 5 5 Ownership of Property ...... 6 Term ...... . ........... Assignment ............ 6 Right to Assign .......... 6 Release of Transferring Owner 6 Subsequent Assignment .. ..... 7 Partial Release of Purchaser, Transferee, or Assignee of Industrial or Commercial Lot .... 7 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction .......... 7 Amendment or Cancellation of Agreement 8 8 Termination ........... 8 Notices ............. SECTION HEADING PAGE 3.1 3.2 3.3 3.4 3.5 3.6 3.6.1 3.6.2 3.6.3 3.6.4 3.7 3.8 3.9 3.10 3.11 4.1 4.2 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.3 6.1 6.2 6.3 6.4 6.5 6.6 7.1 7.2 7.3 DEVELOPMENT OF THE PROPERTY ...... 10 Rights to Develop .......... 10 Effect of Agreement on Land Use Regulations ............. 10 Timing of Development ........ 10 Phasing Plan ............. Changes and Amendments ........ 11 Reservations of Authority ...... 11 Limitations. Reservations and Exceptions ............. 11 Subsequent Development Approvals 13 Modification or Suspension by State or Federal Law ........ 13 Intent ............... 13 Public Works ............. 13 Provision of Real Property Interests by COUNTY ......... 13 Regulation by Other Public Agencies 14 Tentative Tract Map Extension .... 14 Vesting Tentative Maps ........ 14 PUBLIC BENEFITS ............ 14 Intent ................ 14 Public Facilities and Services Mitigation Fee ............ 15 Amount and Components of Fee .... 15 Time of Payment .......... 15 Reduction for Low-Occupancy ... . . 15 Annual Fee Adjustment ....... 16 Credits .............. 16 Continuation of Fees ......... 16 FINANCING OF PUBLIC IMPROVEMENTS .... 17 REVIEW FOR COMPLIANCE ......... 17 Periodic Review ........... 17 Special Review ..... - ....... 17 Procedure .............. 17 Proceedings Upon Modification or Termination ............ 18 Hearing on Modification or Termination 18 Certificate of Agreement Compliance 18 INCORPORATION AND ANNEXATION ...... 19 Intent ................ 19 Incorporation ............ 19 Annexation .............. 19 ii SECTION HEADING PAGE 8.1 8.2 8.3 8'.4 8.5 9.1 9.2 9.3 9.4 9.5 9.6 10. 11. 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 DEFAULT AND REMEDIES .......... 19 Remedies in General ....... 19 Specific Performance ....... 20 20 Release ............. Termination or Modification of Agreement for Default of OWNER .... 20 Termination of Agreement for 21 Default of COUNTY .......... THIRD PARTY LITIGATION ....... 21 General Plan Litigation .... 21 Third Party Ligitation Concerning .... 22 Agreement .......... Indemnity ............ 22 Environment Assurances ...... 22 Reservation of Rights ...... 22 Survival ............... 23 MORTGAGEE PROTECTION .......... 23 MISCELLANEOUS PROVISIONS ...... 24 Recordation of Agreement .... 24 Entire Agreement ........... 24 SeverabilitY ............. 24 Interpretation and Governing Law 24 Section Headings ........... 25 Singular and Plural ......... 25 Joint and Several Obligations .'. . . 25 25 Time of Essence ........... Waiver ................ 25 No Third Party Beneficiaries ..... 25 25 Force Ma~eure ............ Mutual Covenants ......... 25 Successors in Interest ...... 26 26 Counterparts ........... Jurisdiction and Venue ...... 26 Pro~ect as a Private Undertaking 26 Further Actions and Instruments 26 Eminent Domain ............ 26 Agent for Service of Process ..... 27 Authority to Execute ......... 27 27 Signatures ............... iii DEVELOPMENT AGREEMENT NO. 26 This Development Agreement (hereinafter ,,Agreement") is entered into effective on the date it is recorded with the Riverside County Recorder (hereinafter the ,,Effective Date") by and among the COUNTY OF RIVERSIDE (hereinafter "COUNTY"). and the persons and entities listed below (hereinafter "OWNER"): TAYLOR WOODROW HOMES CALIFORNIA, LIMITED, a California corporation. RECITALS WHEREAS, COUNTY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. pursuant to Section 65864, e_it seq. of the Government Code: and. WHEREAS, COUNTY has adopted rules and regulations for consideration of development agreements, pursuant to Section 65865 of the Government Code: and. WHEREAS, OWNER has requested COUNTY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of COUNTY: and, WHEREAS. by electing to enter into this Agreement, COUNTY shall bind future Boards of Supervisors of COUNTY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of COUNTY: and. WHEREAS. the terms and conditions of this Agreement have undergone extensive review by COUNTY and the Board of Supervisors and have been found to be fair. lust and reasonable: and. WHEREAS, the. best interests of the citizens of Riverside County and the public health, safety and welfare will be served bf entering into this Agreement: and. WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement: and, WHEREAS. this Agreement and the Project are consistent with the Riverside County Comprehensive General Plan and any Specific Plan applicable thereto: and, -1- WHEREAS. all actions taken and approvals given by COUNTY have been duly taken or approved in accordance with all applicable legal requirements for notice. public hearings, findings, votes, and other procedural matters: and, WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to COUNTY and will further important policies and goals of COUNTY: and, WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements. provide for public services appropriate to the development of the Pro)ect, and generally serve the purposes for which development agreements under Sections 65864. et seq. of the Government Code are intended: and, WHEREAS, on June 28, 1988. Special Assessment District No. 159 (Rancho Villages) was formed by County Resolution No. 88-192 pursuant to a petition, executed by OWNER, requesting the District to be formed and consenting to said District being formed to provide a financing mechanism to pay for the construction of certain public facilities that would benefit the Property and OWNER advanced those monies needed to pay all costs associated with forming said District and retained and paid civil engineers to design and engineer the public facilities to be constructed. and said public facilities were designed to benefit the Property and certain of the facilities may have been oversized to benefit adjacent properties and the public at large: and, WHEREAS. OWNER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement: and, WHEREAS. OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. 111 III III III III III III III -2- COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 "Agreement" means this Development Agreement. 1.1.2 "COUNTY" means the County of Riverside, a political subdivision of the State of California. 1.1.3 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading: the construction of infrastructure and public facilities related to the Project whether located within or outside the Property: the construction of buildings and structures: and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.4 "Development Approvals" means all permits and other entitlements for use subject to approval or issuance by COUNTY in connection with development of the Property including, but not limited to: (a) Specific plans and specific plan amendments: (b) Tentative and final subdivision and parcel maps: (c) Conditional use permits, public use permits and plot plans: (d) Zoning: (e) Grading and building permits. 1.1.5 "Development Exaction" means any requirement of COUNTY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order -3- to lessen. offset. mitigate or compensate for the impacts of development on the environment or other public interests- 1.1.6 .,Development Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the property. 1.1.7 ,,Effective Date" means the date this Agreement is recorded with the County Recorder. 1.1.8 ,,Existing Development Approvals" means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Approvals which are a matter of public record on the Effective Date. 1.1.9 ,,Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit "D" and all other Regulations which are a matter of public record on the Effective Date. 1.1.10 ,,Land Use Regulations" means all ordinances. resolutions. codes. rules, regulations and official policies of COUNTY governing the development and use of land. including. without limitation. the permitted use of land. the density or intensity of use. subdivision requirements. the maximum height and size of proposed buildings. the provisions for reservation or dedication of land for public purposes, and the design. improvement and construction standards and specifications applicable to the development of the property. "Land Use Regulations" does not include any COUNTY ordinance. resolution. code. rule. regulation or official policy, governing: (a) The conduct of businesses. professions, and occupations: (b) Taxes and assessments:' (c) The control and abatement of nuisances: (d) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property: (e) The exercise of the power of eminent domain. 1.1.11 ,,OWNER" means the persons and entities listed as OWNER on page 1 of this Agreement and their successors in interest to all or any part of the propertY. -4- 1.1.12 "Mortgagee" means a mortgagee of a mortgage, abeneficiary under a deed of trust or any other security-device lender, and their successors and assigns. 1.1.13 ,,Project" means the development of the Property contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.1.14 ,,Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to this Agreement. 1.1.15 ,,Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to COUNTY under Section 3.6 of this Agreement. 1.1.16 ,,Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property. 1.1.17 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" -- Legal Description of the Property. Exhibit "B" -- Map showing Property and its location. Exhibit "C" -- Existing Development Approvals. Exhibit "D" -- Existing. Land Use Regulations. Exhibit "E" -- Fee Credits. 2. GENERAL PROVISIONS. 2.1 Binding Effect of AQreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership of PropertY. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof. -5- 2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of 10 (ten) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. 2.4 AssiGnment. 2.4.1 RiGht to AssiGn. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq., or Riverside County Ordinance No. 460) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement: provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify COUNTY, in writing, of such sale, transfer or assignment and shall provide COUNTY with an executed agreement, in a form reasonably acceptable to COUNTY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure-of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. 2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring OWNER is given a release in writing by COUNTY, which release shall be provided by COUNTY upon the full satisfaction by such transferring OWNER of the following conditions: -6- (a) OWNER no longer has a legal or equitable interest in all or any part of the property. (b) OWNER is not then in default under this '- Agreement. (c) OWNER has provided COUNTY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides COUNTY with security equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder. 2.4.3 Subsequent AssiGnment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Partial Release of Purchaser, Transferee or AssiGnee of Industrial or Commercial Lot. A purchaser, transferee or assignee of a lot, which has been finally subdivided as provided for in the Development Plan and for which a commercial or industrial plot plan for development of the lot has been finally approved pursuant to the Development Plan, may submit a request, in writing, to COUNTY to release said lot from the obligations under this Agreement relating to all " other portions of the property. Within thirty (30) days of such request, COUNTY shall review, and if the above conditions are satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.4 shall cause, or otherwise affect, a release of OWNER from its duties and obligations under this Agreement. 2.4.5 Termination of Aqreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased -7- (for a period longer than one year) to a member of the public or other ultimate user: and. (b) A Certificate of Occupancy has been issued for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid. 2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of COUNTY or OWNER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside. voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by COUNTY or applicable public agency of all required dedications. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to COUNTY for residential units on which construction has not yet begun shall be refunded to OWNER by COUNTY. 2.7 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. -8- (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below: or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below: or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to COUNTY: Clerk of the Board of Supervisors County of Riverside 4080 Lemon St., 14th Floor Riverside, CA 92501 with copies to: County Administrative Officer County of Riverside 4080 Lemon St., 12th Floor Riverside, CA 92501 and Director Planning Department County of Riverside 4080 Lemon St., 9th Floor Riverside, CA 92501 County Counsel County of Riverside 3535 Tenth St., Suite 300 Riverside, CA 92501 If to OWNER: Taylor Woodrow Homes Cali-f-ornia Limited 4921 Birch Street, Suite 110' Newport Beach, CA. 92660 Attn: Richard Pope with a copy to: and Dennis D. O'Neil, Esq. Pettis, Tester, Kruse & Krinsky 18881 Von Karman, 16th. Floor Irvine, CA. 92715 Timothy L. Randall, Esq. Meserve, Mumper & Hughes 18500 Von Karman, Suite 600 Irvine, CA 92713 -9- (c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. 3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. 3.2 Effect of A~reement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, COUNTY shall exercise its discretion in accordance with the Development Plan, and as provided.by this Agreement including, but not limited to, the Reservations of Authority. COUNTY shall accept for processing, review and action all applications.for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. 3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER. such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over suc~ parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan or the Phasing Plan set fort~ in Section 3.4. -10- 3.4 Phasinq Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Chanqes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and COUNTY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in COUNTY's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Property as a whole: or, (b) Increase the density or intensity of use of the Property as a whole: or, (c) Increase the maximum height and size of permitted buildings: or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole: or, (e) Constitute a pro]ect requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code. 3.6 Reservations of Authority. 3.6.i Limitations. Reservations and Exceptions. Notwithstanding any other provision of this Agreement. the following Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing fees and charges of every kind and nature imposed by COUNTY to cover the estimated actual costs to COUNTY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. -11- (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations governing construction standards and specifications including. without limitation, the County's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Development Exactions: provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the COUNTY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, COUNTY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (f) Regulations which ar~ not in conflict with the Development Plan. Any regulation, whether adopted by initiative .or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations which are in conflict with the Development Plan provided OWNER has given written consent to the application of such regulations to development of the Property. -12- 3.6.2 Subsequent Development Approvals. This Agreement shall not prevent COUNTY. in acting on Subsequent Development Approvals. from applying Subsequent Land Use Regulations which do not conflict with the Development Plan. nor shall this Agreement prevent COUNTY from denying or conditionallY approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. 3.6.3 Modification or Suspension bV State or Federal Law. In the event that State or Federal laws or regulations. enacted after the Effective Date of this Agreement. prevent or preclude compliance with one or more of the provisions of this Agreement. such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. provided. however. that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.6.4 Intent. The parties acknowledge and agree that COUNTY is restricted in its authority to limit its police power by contract and that the foregoing limitations. reservations and exceptions are intended to reserve to COUNTY all of its police power which cannot be so limited. This Agreement shall be construed. contrary to its stated terms if necessary. to reserve to COUNTY all such power and authority which cannot be restricted by contract. 3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to COUNTY or any other public agency upon completion. and if required by applicable laws to do so. OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to COUNTY or such other public agency should it have undertaken such construction. 3.8 Provision of Real Property Interests by COUNTY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER. OWNER shall at its sole cost and expense provide or cause to be provided. the real property interests necessary for the construction of such public improvements. In the event OWNER is unable. after exercising reasonable efforts. including. but not limited to. the rights under Sections 1001 and 1002 of the Civil Code. to acquire the real property interests necessary for the construction of such public improvements. and if so instructed by OWNER and upon OWNER'B provision of adequate security for costs COUNTY may reasonably incur. COUNTY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and. if -13- necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Pro]ect, and then only in accordance with valid conditions imposed by the COUNTY upon the development of the Project under the Subdivision Map Act or other legal authority. 3.9 Reaulation by Other Public Aaencies. It is acknowledged by the parties that other public agencies not within the control of COUNTY possess authority to regulate aspects of the development of the Property separately from or jointly with COUNTY and this Agreement does not limit the authority of such other public agencies. For example, pursuant to Government Code Section 66477 and Section 10.35 of Riverside County Ordinance No. 460, another local public agency may provide local park and recreation services and facilities and in that event, it is permitted, and therefore shall be permitted by the parties, to participate jointly with COUNTY to determine the location of land to be dedicated or in lieu fees to be paid for local park purposes, provided that COUNTY shall exercise its authority sub]ect to the terms of this Agreement. 3.10 Tentative Tract Map Extension. Notwithstanding the provisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations. 3.11 Vestinq Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seq.) and Riverside County Ordinance No. 460 and if this Agreement is determined by a final ]udgment to be invalid or unenforceable insolaf as it grants a vested right to develop to OWNER, then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public -14- needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Pro)ect. 4.2 Public Facilities and Services Mitiqation Fee. 4.2.1 Amount and Components of Fee. OWNER shall pay to COUNTY a public facilities and services mitigation fee in the total amount of $4277.00 for each residential unit constructed on the Property, which fee shall be comprised of the following components: (a) Public Facilities Fee $1891 per Residential Unit (b) Regional Parkland Fee $350.00 per Residential Unit with $50.00 allocated for recreational trails (c) Habitat Conservation and Open Space Land Bank Fee $260.00 per Residential Unit (d) Public Services Offset Fee $1776.00 per Residential Unit The amount of the public facilities and services mitigation fee shall be adjusted annually as provided in Subsection 4.2.4. 4.2.2 Time of Payment. The fees required pursuant to Subsection 4.2.1 shall be paid to COUNTY prior to the issuance of building permits for each residential unit. No fees shall be payable for building permits issued prior to the Effective Date of this Agreement, but the fees required pursuant to Subsection 4.2.1 shall be paid prior to the re-issuance or extension of any building permit for a residential unit for which such fees have not previously been paid. 4.2.3 Reduction for Low-Occupancy Residential Units. The fees required pursuant to Subsection 4.2.1 shall be reduced by 33.3 percent for low-occupancy residential units. For the purposes of this Subsection, low-occupancy residential units shall be limited to the following: (a) One bedroom and studio apartments (family rooms. dens, and any similar room shall be considered to be bedrooms): (b) Mobilehomes: (c) Residential units in developments that are legally restricted to occupancy by senior citizens pursuant to Riverside County Ordinance No. 348 or state law. 4.2.4 Annual Fee Adjustment. The fees required pursuant to Subsection 4.2.1 shall be adjusted annually during the term of this Agreement on the anniversary of the Effective Date in accordance with the changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI) published monthly by the U.B. Bureau of Labor Statistics. The annual ad]ustment shall be calculated in the following manner: (a) Divide the CPI for month and year of the Effective Date into the CPI for the month immediately preceding the anniversary in which said fees are to be adjusted. (b) Multiply the quotient obtained by the calculation in Paragraph (a) above times said fees. (c) The result of the multiplication obtained in Paragraph (b) above shall constitute the fees payable during the succeeding year. If the CPI specified herein is discontinued or revised during the term of this Agreement, such other. government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would have been obtained if the CPI had not been discontinued. In no event shall the fees be less than the fees set forth in Subsection 4.2.1. 4.2.5 Credits. OWNER shall be entitled to credit against the fees required pursuant to Subsection 4.2.1 for the dedication of land, the-construction of improvements or the payment of fees as specifically set forth in Exhibit "E" To the extent that Subsection 4.2.4 results in an increase in the fees payable pursuant to 4.2.1(a), then the credit provided in this Subsection for Public Facilities as specified in Exhibit "E" shall be likewise increased by the same percentage. No increase in the credits set forth in Exhibit "E" shall be allowed for any item which is not specifically identified as a Public Facility Credit on Exhibit "E". 4.3 Continuation of Fees. Should all or any portion of Property become part of a city or another county, the fees payable pursuant to Section 4.2 shall remain and still be payable to COUNTY on the following basis: -16- (a) Fees under 4.2.1(a) shall be payable at the rate of five and three tenths percent (5.3%) thereof to COUNTY and the remainder to such city or other county. (b) Fees payable under Subsections 4.2.1(b) and (c) shall be fully payable to COUNTY. (c) Fees under Subsection 4.2.1(d) shall be payable at the rate of one-third (1/3) thereof to such city or other county and the remainder to COUNTY. 5. FINANCING OF PUBLIC IMPROVEMENTS. If deemed appropriate, COUNTY and OWNER will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. COUNTY also agrees that, to the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring COUNTY or the COUNTY Board of Supervisors to form any such district or to issue and sell bonds. 6. REVIEW FOR COMPLIANCE. 6.1 Periodic Review. The Planning Director shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of the Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the Planning Director, within 30 days after written notice from the Planning Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the Board of Supervisors. 6.2 Special Review. The Board of Supervisors may order a special review of compliance with this Agreement at any time. The Planning Director shall conduct such special reviews. 6.3 Procedure. (a) During either a periodic review or a special review. OWNER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on OWNER. -17- (b) Upon completion of a periodic review or a special review. the Planning Director shall submit a report to the Board of Supervisors setting forth the evidence concerning good faith compliance by OWNER with the terms of this Agreement and his recommended finding on that issue. (c) If the Board finds on the basis of substantial evidence that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. (d) If the Board makes a preliminary finding that OWNER has not complied in good faith with the terms and conditions of this Agreement, the Board may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 8.4 of this Agreement shall be given to OWNER prior to or concurrent with, proceedings under Section 6.4 and Section 6.5. 6.4 Proceedings UDon Modification or Termination. If, upon a finding under Section 6.3, COUNTY determines to proceed with modification or termination of this Agreement, COUNTY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain: Ca) The time and place of the hearing: (b) A statement as to whether or not COUNTY proposes to terminate or to modify the Agreement: and, (c) Such other information as is reasonably necessary to inform OWNER of the nature of the proceeding. 6.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the Board of Supervisors finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the Board may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the County. The decision of the Board of Supervisors shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 6.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, COUNTY shall, upon request by OWNER, issue a Certificate of Agreement Compliance ("Certificate") to OWNER stating that after the most recent -18- Periodic or Special Review and based upon the information known or made Known to the Planning Director and Board of Supervisors that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, COUNTY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or Board of Supervisors. 7. INCORPORATION AND ANNEXATION. 7.1 Intent. If all or any portion of the Property is annexed to or otherwise becomes a part of a city or another county, it is the intent of the parties that this Agreement shall survive and be binding upon such other jurisdiction. 7.2 Incorporation. If at any time during the term of this Agreement, a city is incorporated comprising all or any portion of the Property, the validity and effect of this Agreement shall be governed by Section 65865.3 of the Government Code. 7.3 Annexation. OWNER and COUNTY shall oppose, in accordance with the procedures provided by law, the annexation to any city of all or any portion of the Property unless both OWNER and COUNTY give written consent to such annexation. 8. DEFAULT AND REMEDIES. 8.1 Remedies in General. It is acknowledged by the parties that COUNTY would not have entered into this Agreement if it were to be liable in damages under this Ag-reement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that COUNTY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action which arises out of this Agreement: or -19- (b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement: or (c) Arising out of or connected with any dispute. controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 8.2 SDeCifiC Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are unavailable against COUNTY as provided in Section 8.1 above. (b) Due to the size, nature and scope of the pro~ect, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. 8.3 Release. Except for nondamage remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the COUNTY, its officers, agents and employees from any and all claims. demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the COUNTY because it entered into this Agreement or because of the teems of this Agreement. 8.4 Termination or Modification of A~reement for Default of OWNER. Subject to the provisions contained in Subsection 6.5 herein, COUNTY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"): provided, however, COUNTY may terminate or modify -20- this Agreement pursuant to this Section only after providing written no~ice to OWNER of default setting forth the nature of the default and the actions, if any, reguired by OWNER to cure such defaul~ and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8.5 Termination of Aqreement for Default of COUNTY. OWNER may terminate this Agreement only in the event of a default by COUNTY in the performance of a material term of this Agreement and only after providing written notice to COUNTY of default setting forth the nature of the default and the actions. if any, required by COUNTY to cure such default and, where the default can be cured. COUNTY has failed to take such actions and cure such default within 60 days after the effective date of such notice or. in the even~ that such default cannot be cured within such 60 day period but can be cured within a longer time. has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 9. THIRD PARTY LITIGATION. 9.1 General Plan Litiqation. COUNTY has determined that this Agreement is consistent with its Comprehensive General Plan, herein called General Plan, and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with COUNTY's determination. The parties acknowledge that: (a) Litigation is now pending challenging the legality. validity and adequacy of certain provisions of the General Plan; and, (b) In the future there may be other similar challenges.to the General Plan; and, (c) If successful, such challenges could delay or prevent the performance of this Agreement and the development of the Property. COUNTY shall have no liability in damages under this Agreement for any failure of COUNTY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a 3udicial determination that on the Effective Date. or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. -21- 9.2 Third Party LitiUation Concerning Agreement. OWNER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless COUNTY, its agents. officers and employees from any claim, action or proceeding against COUNTY. its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. COUNTY shall promptly notify OWNER of any such claim, action or proceeding. and COUNTY shall cooperate in the defense. If COUNTY fails to promptly notify OWNER of any such claim, action or proceeding, or if COUNTY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless COUNTY. COUNTY may in its discretion participate in the defense of any such claim, action or proceeding. 9.3 IndemnitY. In addition to the provisions of 9.2 above. OWNER shall indemnify and hold COUNTY. its officers. agents. employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury. or death (OWNER's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to. the study, design, engineering, construction. completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of COUNTY. OWNER shall defend, at its expense. including attorneys' fees, COUNTY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. COUNTY may in its discretion participate in the defense of any such legal action. 9.4 Environment Assurances. OWNER shall indemnify and hold COUNTY, its officers, agents. and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents. employees, subcontractors. predecessors in interest. successors, assigns and independent contractors for any violation of any federal. state oc local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on. under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense. including attorneys' fees, COUNTY. its officers, agents and employees in any action based or asserted upon any such alleged act or omission. COUNTY may in its discretion participate in the defense of any such action. 9.5 Reservation of Rights. With respect to Sections 9.2.9.3 and 9.4 herein, COUNTY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend COUNTY hereunder. which approval shall not be unreasonably withheld. or (2) conduct its own defense. provided. however, that OWNER shall reimburse COUNTY forthwith for any and -22- all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 9.6 Survival. The provisions of this Sections 9.1 through 9.6, inclusive, shall survive the termination of this Agreement. 10. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. COUNTY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. COUNTY will not unreasonably withhold its consent to any such requested interpretation or modification provided such innerpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the COUNTY in the manner specified herein for giving notices, shall be entitled to receive written notification from COUNTY of any default by OWNER. in the performance of OWNER's obligations under this Agreement. (c) If COUNTY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, COUNTY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no -23- Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER's obligations or other affirmative covenants of OWNER hereunder. or to guarantee such performance: provided. however. that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by COUNTY . the performance thereof shall continue to be a condition precedent to COUNTY's performance hereunder. and further provided that any sale. transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 11. MISCELLANEOUS PROVISIONS. 11.1 Recordation of AGreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the Clerk of the Board of Supervisors within the period required by Section 65868.5 of the Government Code. 11.2 Entire AGreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 11.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and COUNTY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 11.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. -24- 11.5 Section Headinqs. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 11.6 Sinqular and Plural. As used herein, the singular of any word includes the plural. 11.7 Joint and Several Obliqations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one OWNER, all obligations of such OWNERS under this Agreement shall be joint and several, and the default of any such OWNER shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single lot which has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 11.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time Ls an element. 11.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 11.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 11.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar Hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 11.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. -25- 11.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) i's for the benefit of and is a burden upon every portion of the Property: (b) runs with the Property and each portion thereof: and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 11.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 11.16 Project as a Private UndertakinG. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any Kind is formed by this Agreement. The only relationship between COUNTY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 11.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by COUNTY of its power of eminent domain. -26- 11.19 A~ent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or ]oint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 11.20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation. partnership or business entity and warrants and represents that he/they has/have the authority to bind OWNER to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. COUNTY OF RIVERSIDE RK:re 41PLAN 10-2-88 Dated: ATTEST: GERALD A. MALONEY Clerk of the Board By Deputy (SEAL) By Chairman, Board of Supervisors -27- OWNER: Dated: Dated: TAYLOR WOODROW HOMES CALIFORNIA, LIMITED. a California corporation ~y: ' ~ "'~'~. ~ 1077 ( ItS: V~C e ~)OF~D~'~'~ ~ (ALL SIGNATURES SHALL BE ACKNOWLEDGED BY A NOTARY PUBLIC. EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE OFFICERS.) -28- ...,.. II.I!,.,MI i ! I ' II..,I-II ..m ,rkYl,al ~IC~DI_L! NilIS CAl, ZrOllZk, aN'! - ~,. ..... II. llll ssssss-slsswsSmssWms, slmssseswssmsssls jmemmm..mmmeli' - {,oN'dee "~mm-a' I ~-~. ,. '..j-..'-..: y :,,,____,_-:"--~-'--'-'- ~ '- -ssLtiee hem._seams' ~ .:.:-~:~:~.-..,-_,._--. _._. - :.__--~. [If.z, slamkfuuss mALl, 18 ~ BY · ItO~UY I~ll,%C. KIICUTIal ~ BImI/Of MIY :~tr'f~-fza8 SHAM. IIfr ~1o C:IIKI~TI Development Agreement No. 26 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO BELOW IS SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF RIVERSIDE. STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCELS 1 THROUGH 6. INCLUSIVE. TOGETHER WITH LETTERED LOTS A THROUGH G. INCLUSIVE, AS SHOWN BY PARCEL MAP 22429, ON FILE IN BOOK 147 PAGES 14 THROUGH 19, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXHIBIT B MAP SHOWING PROPERTY AND ITS LOCATION VTR 23143/VTR 22430/CZ 4814 I LAND USE J I · -t- /\ I,.~ATIONAL MAP Development Agreement No. 26 EXHIBIT C EXISTING DEVELOPMENT APPROVALS ZONING Ordinance No. 348.2936 (Zone Change No. 4814) LAND DIVISIONS 1. ing Tentative Tract Map No. 23143. Revised 2. k Vesting Tentative Tract Map No. 22430. The development approvals listed above include the approved maps and all conditions of approval. COPIES OF THE EXISTING DEVELOPMENT APPROVALS LISTED ABOVE ARE ON FILE IN THE RIVERSIDE COUNTY PLANNING DEPARTMENT AND ARE INCORPORATED HEREIN BY REFERENCE. Development Agreement No. 26 EXHIBIT D EXISTING LAND USE REGULATIONS 1. Riverside County Comprehensive General Plan as amended through Resolution No. 88-485. 2. Ordinance No. 340. 3. Ordinance No. 348 as amended through Ordinance No. 348 2857. 4. Ordinance No. 448 as amended through Ordinance No. 448 a. 5. Ordinance No. 458 as amended through Ordinance No. 458 8. 6. Ordinance No. 460 as amended through Ordinance No. 460.92. 7. Ordinance No. 461 as amended through Ordinance No 461 6. 8. Ordinance No. 509 as amended through Ordinance No 509 2. 9. Ordinance No. 546 as amended through Ordinance No 546 7a. 10. Ordinance No. 547 as amended through Ordinance No 547.5. 11. Ordinance No. 555 as amended through Ordinance No 555.15. 12. Ordinance No. 617 as amended through Ordinance No 617.1. 13. Ordinance No. 650. 14. Resolution No. 87-525 Establishing Procedures and Requirements for the Consideration of Development Agreements. as amended by Resolution No. 88-39 and Resolution No. 88-119. COPIES OF THE EXISTING LAND USE REGULATIONS LISTED ABOVE ARE ON FILE IN THE RIVERSIDE COUNTY PLANNING DEPARTMENT AND ARE INCORPORATED HEREIN BY REFERENCE. Development Agreement No. 26 EXHIBIT E FEE CREDITS None. ATTACHMENT NO. 2 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 23143, AMENDMENT NO. 5, SECOND EXTENSION OF TIME S~STAFFRPT~23143-5 .CC 3 CONDITIONS OF APPROVAL Revised Vesting Tentative Tract Map No. 23143, Revised No. 1, Amended No. 5, Second Extension of Time Project Description: 1,026 Lot Single Family Subdivision with 97 Open Space Lots Assessor's Parcel No.: 926-760-001 through 005, 926.770-001 through 003 Planning Department The tentative subdivision shall comply with the State of Califorlfia Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved revised tentative map will expire on August 16, 1992, unless extended as provided by Ordinance 460. 3. Any delinquent property taxes shall be paid prior to recordation of the fmai map. Legal access as requLred by Ordinance 460 shall be provided from the tract map boundary to a City maintained road. All road easements shall be offered for dedication to the public and shall continue in force until the governing body accepts or abandons such often. All dedications shall be free from all encumbrances as appwved by the City Engineer. Street names shall be subject to approval of the City Engineer. , Easements, when required for roadway slopes, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All often of dedication and conveyances shall be submitted and recorded 'as dixected by the City Engineer. , Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any pwposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. S'dTAFFItI~T~13143-5 .COA , 10. 11. 12. An overall conceptual landscape plan shah be submitted to the Planning Department for approval prior to issuance of any grading permits. This plan shah highlight all the areas which will be landscaped including front yards, slopes within individual lots, common area slopes/open space, private parks, public parks, street parkways, landscape development zones, medians, etc. Construction landscape plans for each phase shall be submitted for approval to the Planning Department prior to issuance of any building permits for that phase. AH common area landscaping for each phase shah be installed prior to issuance of the f'mal for any house in that phase. AH private parks within each individual phase shah be developed prior to issuance of the fmal for the f'wst house on that phase. (Added at Dix~ctors He~ring on July 16, 1992). A maintenance district or homeowners' association shall be established for maintenance of Open Space Lots 1027-1082, 1087-1090 and 1e95, 1093 and 1097-1105. The developer/applicant shall pay for all costs relating to establishment of the district or the homeowners' association. (Amended at Directors Hearing on July 16, 1992). A Homeowners Association shall be established for maintenance of Lots 1083-1086. The developer/applicant shall pay for all costs relating to establishment of the Homeowners Association. A copy of the final grading plan shall be submitted to the Planning Department for review and approval. All on-site cut and fill slopes shall: Be limited to a maximum slope ratio of 2 to 1. Setbacks from top and bottom of slopes shall conform to the Uniform Building Code. (Amended at the Directors Hearing on July 16, 1992). B. Be contour-graded to blend with existing natural contours. Be a part of the downhill lot when within or between individual lots or as approved by the City Engineer. All graded slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City planning Department for review and approval prior to issuance of building permits. The applicant shall comply with the Conditions of Approval outlined in the Temecula Community Service District's transmittal dated June 23, 1992, a copy of which is attached. (Amended at Directors Hearing on July 16, 1992). S~TAFFRITX23 i 43-5. COA 2 13. 14. 15. 16. 17. 18. 19. 20. 21. The applicant shall comply with the r~x~mmonclation~ outlined in the County Service Area lt3 loner dated Mamh 10, 1992, a copy of which is attachod. (Eliminated at Directors Hearing on July 16, 1992). The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated March 10, 1992, a copy of which is attached. (Amended at Directors Hearing on July 16, 1992). The applicant shall comply with the flood control recommendations outlined in the Rivehide County Flood Control Disuict's letter dated February 22, 1988, a copy of which is attached. If the project lies within an adopted flood control drainage area pursuant to Section 10.25 of City of Temecula Land Division Ordinance 460, appropriate fees for the construction of area drainage fac'~ities shall be collected by the City prior to issuance of Occupancy Permits. The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated June 15, 1992, a copy of which is attached. (Amended at Dixv, ctors Hearing on July 16, 1992). The applicant shall comply with the recommendations outlined in the Rancho California Water District' s transmittal dated June 15, 1992 a copy of which is attached. (Amended at Directors Hearing on July 16, 1992). All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area plan. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated January 27, 1988, a copy of which is attached. Lots created by this subdivision shall comply with the following: Lots created by this subdivision shall be in conformance with the development standards of the R-l, R4 and R-5 (open space) zones. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parries as approved by the Planning Director. SXSTAFFRFr~3143-S.CX)A 3 ~ 22. 23. 24. Prior to recordation of the f'mal map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the f'mal map to delineate identified environmental concerns and shall be permanently fried with the offme of the City Engineer. A copy of the ECS shall be transmitted to the planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following notes shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles Of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy." "EIR No. 230 was prepared for this project and is on ffie at the City of Temecula Plmnning Department." C. "Drainage easements shall be kept free of buildings and obstructions." Prior to the issuance of GRADING PERMITS BUTI,r~ING PERMITS the following conditions shall be satisfied: (Amended at the Dixector's Hearing on July 16, 1992). Prior to the issuance of t,,,,diag building permits de. Sailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: (Amended at the Director's Hearing on July 16, 1992). (1) Permanent automatic irrigation systems shall be installed on all landscaped ~ roquixing irrigation. (2) Landscape screening where requ~d shall be designed to be opaque up to a minimum height of six (6) feet at maturity. (3) All utility service areas and encloiures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. (4) Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth benning, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. S'~'TAFFR!sI'~=3143-'~ .COA 4 (5) Wall plans shall be submitted for the project perimeter. Wooden fencing shall not be allowed on the perimeter of the project other than the wood fencing for the equestrian trail as specified in Condition No. 5 1. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. (6) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. Where street trees cannot be plantext within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of-way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. (1) All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. (2) If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent derailed grading plans for individual phases of development and shall include the following: (a) Techniques which will be utiliT, d to prevent erosion and sedimentation during and Pater the grading process. (b) Approximate time frames for grading and identif'xcation of areas which may be graded during the higher pwbabRity rain months of January through March. (c) Preliminary pad and roadw. ay elevations. (d) Axeas of temporary grading outside of a particular phase. (3) All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: (a) The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. S~%'fA~ 143 -.~ .COA 5 25. 26. Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. (C) The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. Where cut or fill slopes exceexl 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. (4) Fifty (50) percent of all trees planted within the project shah be a minimum of twenty four (24) inch box. The landscape plans proposed for each phase shah incorporate the fifty (50) percent mix of twenty four (24) inch box trees into the design. (Added at Directors Hearing on July 16, 1992). (5) Prior to the issuance of grading permits, the developer shall provide evidence to the Director of Building and Safety that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Director of Building and Safety. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist fred the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development. Prior to the submittal of building plans to the Department of Building and Safety an acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 CN'h"T- and exterior levels to 65 CNEI,. (Amended at Directors Hearing on July 16, 1992). SXSTAFFRFrX23143-S .COA 6 27. 28. All building plans for all new structures shall incorporate all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. hlor to the ~unnec of building pe_,.ita, c, ompoaitc landscaping and irrigation plarm shall be submitrod for lqnnning DolxffUnent approval. The plans shall address all areas and aspects of the t-act z~quiring landscaping and i.-ri~'gation to be installod including, but not limited to, parkway planting, street twcs, slope planting, and individual from yard lan~caping. (Deleted at Directors Heaxing on July 16, 1992). All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. G. All street side yard setbacks shall be a minimum of ten (10) feet. H. All front yards shall be provided with landscaping and automatic irrigation. Prior to the issuance of OCCUPANCY PERMITS the following Conditions shall be satisfied: All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and krrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required walls shall be determined by the acoustical study. Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee requirexl by Ordinance No. 663, the applicant shall pay the fee requital by the Habitat Conservation Plan as implemented by County Ordinance or resolution. S'~'TAFFRIsT%.23143--~-~A 7 29. Thc subdivider shall submit to thc Planning Dil~or an agreement with thc Community Services District which demonstrates to the satisfaction of the City that the land divider has satisfied Quimby Act r-~luiremcnts in accordance v, qth Section 10.35 of Ordinance No. ~ 50. The agreement shall be approved by the City Council prior to the rceordation of the final map. (Eliminate~ at Directors Hearing on July 16, 1992). 30. The subdivider shall defend, indenmify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 23143, Amended No. 5 which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will prompay notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. ff the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. 31. The developer shall make a good faith effort to acquire any required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the fatal map for appwval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the impwvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off- site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the mount given in an appraisal report obtained by the developer, at the developer' s cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 32. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provided. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 33. Prior to recordation of the Final Map, the developer or his assignee must conform to the park district Quimby Ordinance, unless v,~ved to time of ia-~uance of a building permit or Dcvcloper's Agreeroe're. (Eliminated at Directors Hearing on July 16, 1992). 34. All utilities, except electrical lines rated 33kv or greater, shall be instan ed underground. S\STAFFP-.,PT~.3143-5 .COA 8 Covenants, Conditions and Restrictions/Reciprocal Access Easements: 35. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the p!nnning Department prior to final approval of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, all buildings in common open areas, all interior slopes and drainage facilities that are not maintained by the Flood Control District or City of Temecula. (Amended at the Director's Hearing on July 16, 1992). 36. No lot or dwelling unit in the dzvelopment shall be sold unless a corporation, association, property owner's group, or similar entity has be~n formed with the fight to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilitie~ in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under mcordext CC&R's which shall include compulsory membership of all owners of lots ancilor dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions rextuirexl by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dexlicated to the City for public purposes. 37. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a sham in the corporation, or voting membership in an association, owning the common areas and facilities. 38. Maintenance for all landscapexl and open areas, including parkways, shall be provided for in the CC&R's. 39. The applicant shall submit a new tentative tract application for Vo~ting Tentative Tract Map No. 22130 to refit, el the new boundary created by Vcsting Tc-ntativc Tract Map No. 23143 Amcnded No. 5. 0:-llminated at Directors Hearing on July 16, 1992). 40. Approval of Rcvised Vesting Tentative Tract Map No. 23113, Amended No. 5 shall be subject to the te,ums of the Dcvetopmcnt A&tcemc. nt. C!::-liminated at Directors Heating on July 16, 1992). 41. Prior to r'~ordntion issuance of building permits, the developer shall submit a plot plan application for approval to the Planning Director for the R-4 portion of the project showing the location of each proposed structure on its lot in compliance with the requirements for development in the R-4 zone. (Amended at the Director' s Hearing on July 16, 1992). SXSTAFFRFr~ 143-~ .COA 9 42. Prior to the issuance of grading permits and/or building permit, the developer or his suceessor's interest shall submit a mitigation monitoring program which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. The applicant shall reimburse the City for all monitoring activity cost. (Amended at the Director's Hearing on July 16, 1992). 43. All mitigation measures recommended in ;trp, No. 230 shall be implemented. Interior slopes at the rcex of residential lots shall bc maintained by a homoowners as.socintion. (~-liminated at Directors Hearing on July 16, 1992). The applicant shall submit a Development Agreement which shall be reviewed and approved by the City prior to recordation of the first phase. (Amended at the Director' s Hearing on July 16, 1992). CONDITIONS 46 THROUGH 58 WERE ADDED AT DIRECTORS HEARING ON JULY 16, 1992. 46. Prior to the recordation of the fmal map, the developer/applicant shall be required to enter into an Impact and Mitigation Agreement approved by the Temecula Valley Unified School District. No recordation of a f'mal map shall be completed by the City of Temecula until the developer/applicant presents written verification from the District that such an agreement has been f'malized and approved. 47. Necessary mitigation measures acceptable to the Fish and WHdlife and/or Fish and Game shah be implemented prior to issuance of grading permits to reduce the impact of the project on K-Rats to a level of insignificance. If mitigation measures are unavailable or are economically infeasible, grading permits shall not be issued. A new K-Rat study shall be required if deemed necessary by the PbnninE Director. 48. The development of this project shall be consistent with the two Design Guidelines prepared by Ranpac (applicable to the R-4 portion only) and Planning Design Solutions (applicable to the whole project). 49. An administrative plot plan application shall be ~ed with and approved by the Planning Department for the model home complex(es) in the R-1 zone district. 5O. Prior to issuance of building permits, a Consistency Check application or an equivalent shah be fried with and approved by the Planning Department. 51. The fourteen (14) foot equestrian trail on the south side of Pauba Road shall be consistent with the Design Guidelines prepared by Planning and Design Solutions, Exhibit 21 and the existing equestrian trail on Pauba Road along Paloma del Sol. sxsT~-nnwam-$.coA 10 52. Lot 1088 and 109:3 shall be landscaped with native/drought tolerant trees, shrubs and ground cover/hydroseed. Temporary irrigation shah be installed to allow for establishment of the landscaping subject to the review of the Pauba Ranchos Home Owners Association and the approval of the Pis~nnirtE Director. All walls and fences shall be consistent with the approved Design Guidelines. Additionally, solid decorative block walls shah be utilized for the side yard fencing for corner lots.. The landscaping along Pauba Road shall be native landscaping to preserve the natural state of the area. The landscaping shah be subject to the review of the Pauba Ranchos Home Owners Association and approval of the Planning Director. A biological assessment of the Gnatcatcher shah be required prior to issuance of grading permits, if the species is listed as endangered by the Fish and Wildlife and/or Fish and Game. Necessary mitigation measures acceptable to these agencies shall be implemented prior to issuance of grading permits. All monumentation within the project shall be consistent with both Design Guidelines approved for the project. 57. Lot 1087 shah be landscaped. 58. Prior to issuance of grading permits, erosion control landscaping shah be provided consistent with Ordinance No. 457.75. Public Works Department The following Department of Public Works Conditions of Approval are to mend, supersede or to be added to the previously approved development conditions for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correcfiy shown on the mended tentative map all existing and proposed easements, traveled ways, improvements constraints and drainage courses, and their omission may require the project to be r~submitted for further review and revision. The Developer shall comply with the State of C~lifornia Subdivision Map Act, and all applicable City Ordinances and Resolutions. S~TA~I43-5 .COA 11 60. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 460. PRIOR TO RECORDATION OF TItE FINAL MAP: 61. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District must comply with the requirements of said section. (Added at Directors Hearing on July 16, 1992). 62. Pedestrian access walks with adequate easements shall be provided from the ends of cul-de-sacs or knuckles at the following locations: San Juan Court to Butterfield Stage Road; Swoboda Court to Park Site "D"; and Cherokee Way, John Way and Rudy Court, all to Crowne Hill Drive. (Added at Direcwrs Hearing on July 16, 1992). PRIOR TO RECORDATION OF THE FINAL MAP: 63. The developer shall receive written clearance fwm the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecuh Fire Bureau; Plavning Department; Engineering Deparunent; Riverside County Health Department; CATV Franchise; and Temecula Community Services Department All mad easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such ofters. All dedications shall be free from all encumbrances as approved by the City Engineer. 65. Northshire Circle, Yew Wood Phce, Lincla Court, Stage Court, Wakeene Circle, Wyandotte Street, Rudy Court, Janda Court, Paola Court, Faber Court, Topeka Court, Gatehead Court, Majestic Court, Regents Hill, Vandamere Court, Esser Court, Mom'oy Circle, Hill Street, Pampa Court, Fiji Way, Su~,a Lane, Stanko Circle, Mcade Circle, Oslo Circle, Jolene Circle, Devant Circle, Drennon Court, Sparks Court, Dupont Circle, Swoboda Court, Aden Circle, Tiempo Circle, John Way, Trestle Circle, Drennon Circle, Hussar Court, Trini Court, San Juan Court, Jolle Court, San Jose Court, Pliance Way, "Y" Street, G Circle; Cinnamon Lane, Atchison Drive, nigh Court, Paraguay Drive, Brsil l-~ne, Whis~e Court, Cherokee Way, Wfis~e Court, Peppermint T~ne, Rainmaker Avenue, Tonga Way, Sam Way, Soko Court, Soko Circle, Corddua Circle, F Circle, Munich Circle, Peru Lane, and Berlin Way shall be improved with 40 feet of asphalt 12 S~TAFFRFl'~5143-5.COA 66. 67. 68. 69. 70. 71. 72. 73. 74. concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with County Standard No. 104, Section A (40'/60'). Swartz Way, Lima Street, Crowne Hill Drive, Castle Way, Trestle Street, and Royal Crest Place shall be improved with 44 fe~ of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accorciance with County Standard No. 103, Section A (44'/66'). Pauba Road shall be improved with 32 feet of half street improvement plus one 12' lane, or bonds for the strict improvements may be posted, within a 44' dedicated fight-of-way in accordance with County Standard No. 102 (64'/88'). Butterfield Stage Road shall be improved with 43 feet of half street improvement plus one 12' lane, or bonds for the street improvements may be posted, within a 55' dedicated fight-of-way in accordance with County Standard No. 100 (86'/110'). In the event that Royal Crest Phce, Pauba Road, Butterfield Stage Road, and Crowne Hill Drive are not constructed by Assessment District 159 prior W final map recorda~on, the developer shall construct or bond for the required improvements. The improvements shall be constructed prior to occupancy. Vehicular access shall be restricted on Pauba Road, Butterfield Stage Road, and Crowne Hill Drive and so noted on the final map. The subdivider shall construct or post security and an agreement shall be executed guaranteeLug the construction of the following public impwvements in conformance with applicable City standards: Street improvements, including, but not limited to: pavement, curb and gutter, sidewalks, drive approaches, street lights, signing, striping, traff'xc signal systems, and other traffic control devices as appropriate. B. Storm drain facilities. C. Sewer and domestic water systems. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. The minimum centerline radii shall he 300 feet or as approved by the City Engineer. S~STA~I43-.q.COA 13 75. 76. 77. 78. 79. 80. All street centerline intersections shall be at 90 degrees or as approved by the City Engineer. A minimum centerline street grade shall be 0.50 percent. The subdivider shall submit four prints of a comprehensive grading plan m the Engineering Depamnent. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. The subdivider shall submit four copies of a soils report to the Engineering Depaxtment. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer. On-site drainage facilities, located outside of road fight-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 81. A drainage easement or a letter of "permission to accept drainage" shall be obtained fwm the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted w the City for review prior to the recordation of the final map. 82. The subdivider shall protect downstre.~m properties from damages caused by alteration of the drainage panems; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 83. Prior to final map, the subdivider shall notify the City' s CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 84. Prior to issuance of a grading permit, developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit form the State Water Resources Control Board. No grading shah be permitted until a NPDES clearance is granted or the project is shown to be exempt. (Added at Directors Hearing on July 16, 1992). 85. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office. S \rfA FFRFVa3143-5. COA 14 86. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of-way. 87. A flood mitigation charge Shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO BUH-DING PERMIT: 88. Developer shah pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the ErR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or f'mal public facility mitigation fee or district has not been f'mally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shah post security to secure payment of the Public Facility fee. The amount of the security shah be $2.00 per square foot, not to exceed $10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this agreement, developer will waive any right to protest the provisions of this Condition, of the Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. (This condition shah supersede a previous requirement). (Added at Directors Hearing on July 16, 1992). 89. A precise grading plan shall be submitted W the Engineering Department for review and approval. The building pad shall be approved by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 90. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive appwaches, parkway trees and street lights on all interior public streets. 3\STAFFRIvI"~3141-5 .COA 15 91. 92. Asphattie emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. Dcvcloper shall pay any capital foe for mad improvements and public facilities imposed upon thc property or projoet, including that for traffic and public facility mitigation as requit~ under thc v/R/Negative Dcc~ation for the proje~t, in tho mount in cffect at the ti. ne of payment of the foe. ff an interim or fiaal public facility mitigation foe or distria has not boon f'mnlly establi~hod by tho date on which Dovelopor roqucsts its building permits for the pte.~je~t or any pht~c ~f, the Developer shall execute the Agrc~.~lent for Pa).~ent of Public F~wility Foe, a oopy of which has been provided to Developer. Dovelopcr undenaanda that said A&.,ooment may r~luirc the payment of foes in excess of those now estimated (assuming bonefit to the projoet in the amount of such foes) and specifically w~tivcs its right to protest such increase. (Deleted at Directors Hearing on July 16, 1992). Transportation Engineering PRIOR TO RECORDATION OF TI-IE FINAL MAP CONDITIONS 92 17-IROUGtt 94 WERE ADDED AT DIRECTORS I-rg~ARING ON JULY 16, 1992. 93. Plans for a traffic signal shall be d~signed by a registered Civil Engineer and approved by the Department of Public Works for the intersection of Crone Hill at Pauba Road and shall be included in the street improvement plans with the second plan check submittal. 94. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 95. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works. 96. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for all internal streets with a curb separation of 44' or more. For internal streets with a curb separation of 40' or less, only a signing plan shall be required. 97. Traffic signal plans shall be designed by a registered Civil engineer and appwved by the City Engineer for intersections of Butterfield Stage Road at Royal Crest Place and Butterfield Stage Road at Crowne Hill Drive. These plans shall be included in the street improvement plans with the second plan check submittal. S\STAFFRPT~.3143-5.COA 16 99. 101. When the Tract Map is phased, a minimum of 2 points of all weather vehicular ingress and egress, with a 28' minimum width, shall be requ~d for each phase unless otherwise approved by the City Engineer. Sight distance calcuhtions shall be requLrexi for each pwposed intersection, and shall conform with the CalTrans sight distance sumdards. In the event the Raneho Villn~es Assessment District No. 159 does not funy improve Butterfield State Road from Rancho California Road to SR79 South, Royal Crest Place from Butterfield Stage Road to Crowne Hill Drive, Crowne Hill Drive from Pauba Road to Butterfield Stage Road, and Pauba Road from Via Del Monte to Butterfield Stage Road, then the Developer may enter into a reimbursement agreement with the City for the amount over the developer' s pro rata percentage of the design and construction costs of: Signing and striping plans prepaxed by a registered Civil Engineer and appmved by the City Engineer for Butterfield State Road from Rancho California Road to SR79 South, Cmwne Hill Drive from Pauba Road to Butterfield Stage Road, Royal Crest Place from Butterfield Stage Road to Crowne Hill Drive, and Pauba Road from Via Del Monte to Butterfield Stage Road. Traffic signal plans prepared by a registered Civil Engineer and approved by the City Engineer for the ultimate signal locations at Butterfield Stage Road and Rancho California Road; Butterfield Stage Road and Pauba Road; Butterfield Stage Road and De Ponoia Road; Butterfield Stage Road and SR79 South. C, Traffic signal interconnect plans prepared by a registered Civil Engineer and approved by the City Engineer for Butterfield Stage Road from Pauba Road to De Ponola Road. D, The raised medians on Butterfield Stage Road from Pauba Road to De Ponoia Road and shall include 250' of left turn storage capacity with 120' of approach transition for the intersections with Royal Crest Place, Crowne I-Iill Drive and De Ponola Road. The striping plan for Pauba Road to include a left turn lane for Crowne Hill Drive. A school zone signing and striping plan shall be prepared by a registered Civil Engineer and appmved by the City Engineer for the school site within this project. This will be separate from the street improvement plans and will cover any and all streets necessary to provide the appropriate signing and striping. SXSTAFFR.F'rX.7.3143-.~ .COA 17 102. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMI~NT PERMITS: 103. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: CONDITIONS 104 AND 105 WERE ADDED AT DIRECTORS HEARING ON IU'LY 16, 1992. 104. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets and collector streets as directed by the Department of Public Works. 105. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. 106. All signing and striping shall be installed per the approved signing and striping plan. 107. All traffic signals shall be installed and operational per the special provisions and the approved traffic signal plan when warranted but not later than issuance of occupancy for the final phase. 108. All school zone signing and striping shall be installed per the approved school zone signing and striping plan prior to occupancy of the school site. 109. All traffic signal interconnects along Butterfield Stage Road from Pauba Road to De Ponola Road shall be installed per the approved plan. swr^n:mn*~ m-s.co^ 18 1989 Ci TY 0 F TEM ECULA June 23, 1992 City of Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Attention: Saied Naaseh, Case Planner SUBJECT: REVISED VESTING TENTATIVE TRACT MAP NO. 23143 AMENDED NO. 4 The Temecula Community Services Department staff (TCSD) has reviewed the conditions as set forth in the County of Riverside, City of Temecula Conditions of Approval and recommends that the City Council APPROVE Revised Vesting Tentative Tract No. 23143, Amended No. 4, subject to the Developer of his assignee conforming to the TCSD Quimby Ordinance Number 460.93 as follows: Ordinance No. 460.93 (Quimby) requires the dedication of 13.30 acres of developed, active recreation area. The proposed private park land represents 14.0 acres, of which 7.0 acres will be applied as a credit towards the dedication requirement, leaving a 6°3 balance of required park land to be dedicated. With respect to the applicant designating park land in excess of the Quimby requirement, staff has made allowances for the improvement of said park sites to be deferred to the later stages of development for this project. The 6 acre park currently identified as "Park Site A" shall be identified on the final map by lot number, indexed to identify said lot number as the proposed public park, and shall be fully developed to TCSD standards and offered for dedication prior to the issuance of the 250th building permit. The 4.2 acre park currently identified as "Park Site F" shall be identified on the final map by lot number, indexed to identify said lot number as the proposed public park, and shall be fully developed to TCSD standards and offered for dedication prior to the issuance of the 950th building permit. Prior to the recordation of the Final Map, the applicant or his assignee shall execute a letter of agreement with the Temecula Community Services Department (TCSD) to improve the proposed public parks in accordance with TCSD standards at time of execution, for park purposes. t%yalrtel,k~23143.N04 4],174 BUSINESS PARK DRIVE · TEMECULA. CALIFORNIA cJc25cJO · PHONE (714) 694-1g8g · F.~ (714) 694-1999 e The 11 acre park identified as "Park Site D"' (lot 1086), the 3.0 acre park identified as "Park E" (lot 1085), the .4 acre park identified as "Park B" (lot 1083), and the .9 acre park identified as "Park C:" (lot 1084) are considered to be private parks and shall be maintained by an established Home Owners Association (HOA). All additional open space areas shall be maintained by an established Home Owners Association (HOA). Open space areas identified as Lots 1088 and 1093 may be offered for dedication to the City of Temecula for maintenance purposes only following compliance to existing TCSD standards and completion of an application process. Exterior slopes (as defined as: Those slopes contiguous to public streets that have a width of 66' or greater), shall be offered for dedication to the City of Temecula for maintenance purposes following compliance to TCSD standards and completion of the application process. All other slopes shall be maintained by an established Home Owners Association (HOA). Exterior slopes, which border a proposed Community Park, shall be identified by a lot number separate from the park site. This lot shall terminate with the lot line of said park site. Slope areas that are contiguous to this lot shall be identified by a separate lot number. All proposed slopes, open space, park land and recreational trails intended for dedication to the City of Temecula for maintenance purposes shall be identified on the Final Map by numbered lots, with the square footage of said lot numbers indexed as proposed TCSD Maintenance areas. Prior to the execution of the Letter of Agreement, Applicant shall notify TCSD staff of any changes in lot numbers, acreage, number of dwellings proposed, or any other changes that will effect the current conditions in any way. All questions regarding the meaning of the conditions shall be referred Temecula Community Services Department staff. Sinc ely~ ' Administrator t Services BY to the r%yes~no~23143 .NO4 L~Utlllb.y UI I'~IVtJI'~ItlIdRECEiVED MAP 2 3 ~BB2 DEPARTMENT OF HEALTH " TO: CITY OF TEMECULA DATE: .~'N: Saied Naaseh FRlM:~M>TINEOjN~Environmental Health Specialist IV 03-10-92 RE: VESTING TENTATIVE TRACT MAP 23143. 2ND EXTENSION OF TIME Department of Environmental Health has reviewed Vestina Tentative Tract Map 23143. 2nd Extension of Time dated 02-28-92, Our current comments will remain as stated in our letter dated 09-11-90. SM:dr V~,tin~ Tra=t 231;$3 T~nt~:!ve Traot 231~'~ i3 s propea~~ to =ubJivtde approximately ~uree lnt~ 1,~9q rssidonti~i loin; ~ o~e~ sp~cc lots ~n4 1 ~e in th~ Rancho Cultfornle ares. The ~ru~er~y is ~n th~ side of ~ut~=rf~ei3 ~t~e Road ~et,ee~ PauSe Road o~d De · .lurr~,et~ Cree~/Te=ecuZa VaUltS Area ~ruinn~e Plan for D~=~n~e Fees shall be pa~ a= 3~t fort"a under the ~loas of t.h~ ":-:,~l~s. ani ~egulut!ons for A.l~lnistrat~un Ar~a. Drain~,~e.Pl~n3", a'alu~e=J July 3, a. Drainage fee~ shall be' paid %~ the RoQ~ Co~Isslon~r as par~ of th~ fllinrI far record of thQ subdivision final map or parcel ~sp, or if t:;~ recordinZ of final parcel ~ap Is waived, ~r::ina{e Fees ~h~ll be p~id au a cond~tlon of ~;le ~xalvcr ~rlor ~o r~cor-Jln'l a certiflu::te of ~o~pl~an~u ev!dcnc!n~ th,~ waiver of .~t the optiun of th.- lan= divider, -apon filin-. n re- quired affidavit toques:In: def.orment of the ~ayme~t of f~,:s, :a~ drainale r=es s~at! be pai~ to the ~utl~lrt~ Director at. the tt~g )f lamaanna of a 3rad- inZ ~er'ui= ur buildln~ O~r~ml= for duch ce!, whi~ev~r may be firat S~,,ined after the recor:l~T:~j of' th~ subdivision final mu~ 3r pqrael ~; hOUeV rl' , ---- a p.-r: of the fllln3/'st reCor,~ of t.h.~ t'inul ,~;~ or pertel ~Ip, Or Delete re~lvin~ r.o r~'..ord · land divlsZon, {or each lot ~ithin the l~n..i ..airlet.an where eons~r,Jet'.on aetlvity .35 den~.-.J by one or :he follow'.n~ actions hum (--) A 7, ra~ln~ per,~It or bull~ln~ permit ham 3._-en obcmlne,~. (b) ~r--dln.~ or struutures have been tr, ltia+.dd. 2. Qn~It:.~ ~:,;r.~ runoff ~haul-~ ~e r~:urned to exlstln.,; c. n.llt!on orEsite. If storm runoff is diverted or u,~n- centr4,,.~;, .-~ ~raina.~e easement should be obtalnua r~vl~w pri~r ~o ~e"re:~r~ati~n of t~O 3. :'.~unnels o;qs%ruot,}5 alonl lo; lines ~n~ br~w dlt~h~ should be ~cn~rete lined, '4. ~rade,j sloo.~ si~ould be ~rO~eet~d rro~ erosion o3 n:~d~j. 5. Temporary ~ro~lon :oattel melmure= should i~qediately followln~ roug~ ~radln~ to of .Jeor~s on%o ~ownmtr~am pro~$rtl~s or Dev,-lop~enl or this property s.~ould b-, co~r~.lnate~ the deveiop-~,-n= of adjacent properteam to enmur~ that w~er~ourse~ re~a~n un~bmCruQted and =toraw~ter8 are not tl~e ~onstru~tlon of temporary ~ralna6e reeltitLes ~r offsite e~-$truotlon mn~ Onsite dr=lna3e $Ps~llLbie= locatea outelSe of road rl;.~t of way si~ul~ ~e oontetne~ wlt~l,~ drainage ea~e~er;ts 5hOdn on the finel mep. A nots a;~oul~ be final ~ap $catini, wDrainoSe eass~en:S shall be keo: fr~e of buildtn;= ~n~ obstructions-, ' ' Offslta draincS~ raolli~les shOUl~ be lo=a~e~ wltiltu publicly dedicated drainage easements obtained from arr oc, propQr~y owner(S). The .~oeumentCs) should r~ear~o~ en.S o ~py 3u~mlt;e~ tO ;~e District prior rwcer~:t&un of t~c r~nal Rtv~r:tdu -3- 10. 11. The lO year stor.~ flow sh_~uiJ ha cont.~n.~d ~t:~in .~n Qur~ and s~ould be installe:i. X copy or the L-~provemen= ~lena, ~ra'~ln~ plans an!i :lnul map aXon~ ulna an~ approval prior' ~o records:ion of :~e flu~l :sup. Grad in~ plan= should 3ra~trsa pwr.m$~s, A and no~e his expiration Questtoes aonoornin~ bhim m~::er :amy be referred :o EJ Lotz of Very truly yours, Chief En~inuer cc; .~an:no P~c',fic EnS:lne,-rj, n:l J3':Ir! ~I. Senior Civll IN COOPERATION WR'H THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE pROTECTION GLEN J. NEWMAN FIRE CHIEF PLANNING & ENGINEERING 46*2O9 OASIS STREET. StYITS 4O5 INDIO. CA 92201 (619) 342-8886 JUNE 15, 1992 PLANNING & ENGINEERING 3760 tZTH STREET RIVERSIDE, CA 92SOX (7X4) 275-4777 TO: CITY OF TEMECFLA ATTN: PLANNING DEPAETHENT EE: TRACT 23143 AM). 5 With respect to the conditions of approval for the above referenced land division, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: FIRE PROTECTION Schedule "A" fire protection approved standard fire hydrants, (6"x4"x2~") located one at each street intersection and spaced no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a hydrant. Minimum fire flow shall be 1000 GP~ for 2 hours duration at 20 PS1. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. MITIGATION Prior co the recordation of the final map, the developer shall deposit with the Riverside County Fire Department, a cash sum of $400.00 per+ lot/unit as mitigation for fire protection impacts. Should the developer choose to defer the time of payment, he/she may enter into a written agreement with the County deferring said payment to the time of issuance of the first building permit. RE: TE 23143 Page 2 All questions regarding the meaning of conditions shall be referred co the Planning and Engineering staff. RAYMOND H. P, EGIS Chief Fire Deparmnent Planner By Laura Cabtel, Fire Safety Specialist Ran Water June 15, 1992 ~-C-E-k~ E D J U N 17 1992 !....:.: lJoullh,- V. Kulbert, · JellrP, L. ?,linkh'r R~{.hard I). Mr. Said Nasseh City of Temecula Planning Department 43180 Business Park Drive Tcmccula, CA 92590 Water Availability Tract Map 23143 Dear Mr. Nasseh: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, if any, to RCWD. If you have any questions, please contact Ms. Scnga Dohcrty. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P. E. Manager of Development Engineering SB:SD:mj213/F18~ Scnga Doherty, Engineering Technician 1,..%ice TRACT 23143 (lion Goldman) coneent-s on t. he sui~:JecT. [Pc1~1~: t.o :your request. for Sedr serv4ce- The ~T. ems ITEM NO. 7 APPROVAL CITY ATTORNEY ~.~ FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager /-~Tim D. Serlet, Director of Public Works/City Engineer September 22, 1992 Contract Change Order No. 002 on Project No. PW92-01, Street and Sidewalk Improvements at Various Schools PREPARED BY: ~7~l~ichael D. Wolff, Senior Public Works Inspector RECOMMENDATION: That the City Council: 1. Approve Contract Change Order No. 002 consisting of the following: A. Increase Increase B. Increase Increase C. Increase Increase D. Increase Increase E. Increase Increase F. Increase Increase G. Increase Increase Contract Amount due to removal of unsuitable materials. $371.70 Contract Amount due to increase in asphalt pavement. $9,122.66 Contract Amount due to additional sidewalk square footage. $1,554.97 Contract Amount due to additional Class 2 base rock. $3,716.62 an Contract Amount due to adjustment of valve cans. = $700.00 tn Contract Amount due to installation of the irrigation system. = $16,983.00 tn Contract Amount due to hydroseeding new slopes. = $2,895.00 - 1 - pw05\agdrpt\92%0922\92-O 1 cco.002 0904a Increase in Contract Amount due to installation of irrigation system at Temecula Elementary School. Increase = $2,745.00 Increase in Contract Amount due to installation of drain box. Increase -- $1,100.00 Decrease in Contract Change Order No. 001 amount due to renegotiation of utility delays. Decrease = $8,500.00 Decrease in Contract Amount due to deletion of the irrigation system relocation. Decrease = $690.00 Decrease in contract amount due to restaking of curb and gutter. Decrease = $195.00 5 Appropriate $29,803.95 from Measure "A" Fund to Account No. 021-165-607-44-5804 BACKGROUND: The construction contract for Street and Sidewalk Improvements at Various Schools (Project No. PW92-01) was awarded on March 24, 1992 to Inland Asphalt and Coatings for $193,479.95 ($175,890.86 plus 10% contingency of $17,589.09) On June 23, 1992 Contract Change Order No. 001 was approved for $37,911.50. Contract Change Order No. 002 consists of: Unclassified excavation. Contractor agreed to remove unsuitable, materials (over saturated) at contract unit price for unclassified excavation removal of materials necessary to achieve firm and unyielding subgrade. Increase = $371.70 2. Asphalt concrete pavement. Increase in asphalt concrete pavement as follows: Increase 50 tons (approximately 7% of bid item) due to plus or minus tolerances allowable for subgrade and increase 50 tons for increase of taper lengths on Margarita and Moraga Roads to facilitate a more gradual taper from existing improvements to newly constructed full width improvements. Increase in 231 tons to decrease the differential in grade from off-site to on-site parking (two parking lots, four driveways). Increase = $9,122.66 Sidewalk. Actual field measurement indicates 1,187 S.F. additional sidewalk area. Increase = $1,544.94 Class 2 base materials. Additional base rock was necessary to ramp behind new improvements onto on-site parking facilities to provide for ingress and egress during the re-design of the driveways. Increase = $3,716.62 -2- pwOS\agdrpt~92\0922~92-01 cco.002 0904a CONTRACT CHANGE ORDER NO. 2 CONTRACT NO. PW92-01 I of 2 PROJECT: STREET AND SIDEWALK IMPROVEMENTS AT SHEET VARIOUS SCHOOLS TO CONTRACTOR: Inland Asphalt and CoatinQs NOTE: This chanQe order is not effective until aDDroved by City Council. CHANGE REQUESTED BY: Project Inspector A. INCREASE IN CONTRACT QUANTITIES AT CONTRACT UNIT PRICES: 1. Remove unsuitable (over saturated) subgrade materials. Increase 59 C.Y. @ $6.30/C.Y. - $371.70 2. Asphalt concrete pavement. Increase 326.86 tons @ $27.91/ton = $9,122.66 3. Sidewalk. Increase 1,187 S.F. @ $1.31/S.F. -- $1,554.97 4. Increase Class 2 Base materials. Increase 134.66 C.Y. @ $27.6/C.Y. Increase = $3,716.62 CCO-002-A1, Item T-l, 59 C.Y. @ $6.30/C.Y. - = ................... $371.70 CC0-002-A2, Item T-3, 251.86 TONS @ $27.91/TON = .............. $9,122.66 CC0-002-A3, Item T-6, 1,187 S.F. @ $1.31/S.F. -- ................. $1,554.97 CC0-002-A4, Item T-2, 134.66 C.Y. @ $27.6/C.Y. = ................ $3,716.62 ESTIMATE OF INCREASE AT AGREED PRICE: ...................... $14,765.95 CCO-002-B1, INCREASE IN CONTRACT QUANTITIES AT AGREED PRICES: 1. Adjust seven valve cans to grade. Increase 7 @ $100.00 EA = $700.00 2. Furnish and install 4,600 L.F. (including valves and sprinkler heads) of irrigation main line and irrigation secondary line. Increase 4,600 L.F. @ $3.70/L.F. = $16,983.00 (includes necessary valves and sprinkler heads) 3. Hydroseed newly created slope areas on Margarita and Moraga Roads. Increase -- $2,895.00 4. Furnish, install and tie-in to existing storm drain 18" x 18" concrete drain box w/steel traffic rated lid. Increase = $1,100.00 5. Furnish and install irrigation system at Temecula Elementary School. Increase = $2,745.00 Adjust 7 valve cans to grade @ $100/can = .............. $700.00 -1- pw01\pw92-01\cco\002 0827 Contract Change Order No. 002 STREET AND SIDEWALK IMPROVEMENTS A T VARIOUS SCHOOLS Sheet 2 of 2 CCO-002-92, 4,600 LF 2" irr. line @ $3.70/LF = ................... $16,983.00 CC0-002-93, Hydroseed newly created slopes @ .................... $2,895.00 CC0-002-94, Install concrete drain box @ ......................... $1,100.00 CC0-002-95, Replace irrigation system ~ ......................... $2,745.00 ESTIMATE OF INCREASE AT AGREED PRICE: ...................... $24,423.00 C$ DECREASE IN CONTRACT QUANTITIES AT AGREED PRICES: 1. Renegotiation of CCO #1 Item CCO-001-B5. Decrease from $12,500 to $4,000 = Decrease of $8,500 2. Contractor responsible for re-staking. Decrease $195.00 3. Delete re-location of existing irrigation line. Decrease L.S. $690.00 ESTIMATE OF DECREASE AT AGREED PRICE: ...................... $9,385.00 By reason of this Order, the time of completion will be adjusted as follows: 25 days Submitted: Project Inspector By: ~.~~-~. ~..~ Dam: ~'ttT. ~'/~-~ Approved: Deputy City Engr. By: ~ Date: q/8'//'¢~2-- We the undersigned contractor have given careful consideration to the change proposed and hereby agree. If this proposal is approved, that we will provide all equipment, furnish all other oted~_above, and perform all services necessary for materials, except as may ~~ . By: e: ' If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. -2- pwOl~ow92-01\cco~O02 0827 5. Adiustment of valve cans to orade. Original plans and specifications indicated this item in the additive bid. Increase = $700.00 Relocation of existing irrigation main line and irriQation secondary line. Original plans and specifications did not indicate the relocation of the entire main line and secondary line. However, during construction (and after review of maintenance records) it was deemed necessary to relocate the entire system to eliminate the possibility of a leak occurring underneath the new sidewalk; therefore, causing premature sidewalk failures. The mainline was located underneath new sidewalk. Increase = $16,983.00 Hvdroseed. The plans and specifications do not show or otherwise indicate erosion control on the newly created slope and fill areas at Temecula Elementary School. Increase = 62,895.00 Concrete Drainbox. The construction of new full-width street improvements along with the re-design of the driveway approaches blocked the parking Iot's natural drainage course. Therefore, it was necessary to provide proper drainage for the parking lot. Increase -- 61,100.00 Furnish and install irrigation system at Temecula Elementary School. Originally the plans and specifications indicated that existing irrigation was to be relocated. However, the original system was designed to cover a parkway that was 30 feet wide. The new parkway is only 12 feet in width. Therefore, it was necessary to re-design and install a modified system. Increase = 62,745.00 A DECREASE in the following items: 10. Utility delays. Estimated delay cost was originally negotiated at 61,250 per day. However, delay cost per day was reduced by adjustment of project construction scheduling. Decrease = 68,500.00 11. Delete relocation of irrioation system. It was necessary to re-design irrigation system and shall be re-installed by CCO-002-B5 (or #9 above). Decrease = 6690.00 12. Curb and gutter. The cost for re-staking the curb and gutter shall be born by the contractor. The contractor, as per the contract specifications, shall be responsible for all costs associated for the replacement of construction stakes lost as a result of the contractors operations. Decrease = $195.00 FISCAL IMPACT: On March 24, 1992 the City Council approved the api~ropriation of 6175,890.86 plus 10% contingency of 617,589.09 for a total of 6193,479.95 from Measure "A" Funds balance. On June 23, 1992, The City Council approved Contract Change Order No. 001 for 637,911.50 and appropriated $20,322.41. An additional 629,803.95 is necessary for Contract Change Order No. 002 appropriated to Account No. 021-165-607-44-5804. Attachment CCO #002 -3- pwOS~agdrpt~92~0922\92-01cco.002 0910 ITEM NO. 8 ORDINANCE 92-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMF~NDING SECTION 12.02010 (d) OF THE TEMECULA ~CIPAL CODE REDUCING PRIMA FACIE SPEED LIMITS ON PAUBA ROAD BETWEEN YNEZ ROAD AND MEADOWS PARKWAY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. to read as follows: Section 12.02.10 (d) of the Temecula Municipal Code is hereby amended (d) The streets, on portions of streets, within the City of Temecula limits affected, and the declared prima facie speed limit shall be as follows: Name of Street and Portion Affected De Portola Road - Jedediah Smith to Margarita Road Del Rey Road - Via None to Avenida Del Reposo Diaz Road - Winchester Road to Rancho Calif. Road Front Street - Via Montezuma to Rancho Calif. Road Front Street - Rancho Calif. Rd. to Santiago Rd. Front Street - Santiago Road to Route 15 Jefferson Avenue North City Limit to Winchester Rd. Declared Prima Facie Speed Limit. Miles Per hour 50 35 45 45 25 45 50 Ords 92-14 -I - Name of Street and Portion Affected Jefferson Avenue - Winchester Rd.,.. to Via Montezuma La Paz Street - Route 79 to Ynez Road La Serena Way - Margarita Road to Calle Medusa Margarita Road - Solana Way to South City Limit Moraga Road - Margarita Road to Rancho Calif. Rd. Nicolas Road - Winchester Rd. to Calle Medusa Pauba Road - Ynez Road to Meadows Parkway Pauba Road - Meadows Pkwy. to east City limits Rainbow Canyon Rd. - Pala Rd. to South City limit Rancho Calif. Road - West City Limit to Diaz Rd. Rancho Calif. Road - Diaz Rd. to Moraga Rd. Rancho Calif. Road - Moraga Rd. to Margarita Rd. Rancho Vista Road - Ynez Road to East City Limit Declared Prima Facie Speed Limit. Miles Per hour 45 35 45 40 40 50 45 50 40 50 40 50 45 Ords 92-14 -2- Name of Street and Portion Affected Declared Prima Facie Speed Limit. Miles Per hour Santiago Road - Front Street to Ynez Road 45 Solaria Way - Ynez Road to Del Rey Road 45 Via None - Solana Way to Avenida Del Reposo 35 Winchester Road - Diaz Road to Jefferson Ave. 40 Ynez Road - Winchester Road to Rancho Calif. Rd. 45 Ynez Road - Rancho Calif. Rd. to Jedediah Smith Rd. 45 PASSED, APPROVED AND ADOFrED this 22nd day of September, 1992. ATTEST: Patricia H. Birdsall, Mayor June S. Greek City Clerk [SEAL] Ords 92-14 -3- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) SS I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 92-14 was duly introduced and placed upon its first reading at regular meeting of the City Council on the 8th day of September, 1992, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 22nd day of September, 1992, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS June S. Greek, City Clerk Ords 92-14 -4- ITEM NO. 9 TO: FROM: DATE: SUBJECT: APPROVAL: CITY ATTORNEY ~ ~ ] ~/~ FINANCE OFFICER CITY MANAGER -, .... ,-:.~ CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony Elmo, Chief Building Official September 22, 1992 Consideration of Final Listing of Potentially Hazardous Buildings RECOMMENDATION: It is recommended that the City Council hold a public hearing and approve a proposed Final Listing of Potentially Hazardous Buildings. BACKGROUND: On February 12, 1991, in accordance with California State Senate Bill 547, the City Council adopted Ordinance No. 91-04 which establishes a program for the mitigation of identified potentially hazardous buildings within the City. DISCUSSION: In accordance with provisions of Ordinance No. 91-04, Building and Safety staff conducted a survey of buildings within the City to identify those considered to be potentially hazardous. A potentially hazardous building as defined by this ordinance is a building having at least one (1) unreinforced masonry bearing wall. Staff has compiled a preliminary listing of potentially hazardous buildings as a result of the survey. Only one ( 1 ) building was found to be potentially hazardous. The listed building contains exterior bearing walls on four (4) sides, of single wythe masonry construction. In addition, a wood structure has been added to the rear which could also be adversely affected by failure of adjacent unreinforced masonry walls. In accordance with the provisions of this ordinance, the building's owner has been notified of its designation as potentially hazardous. Upon approval of the proposed final listing, the owner of this Building Agenda Report September 22, 1992 Page 2 will be directed to have an engineering report prepared to evaluate the building's structural ability to resist forces imposed by earthquakes. This report must then be submitted to the Building Official within Six (6) months of the date of the notice. If it is determined that structural modifications are necessary, the building owner must then submit a Letter of Intent, indicating the owner's intentions for dealing with the potential hazards. The Building owner may appeal the initial determination that the building is within the scope of these regulations. Said appeal shall be filed no later than thirty (30) days from the service date of the order for structural evaluation. The Building Official has been in contact with the property owner who is an out of state resident. The owner has expressed a desire in coming to Temecula to discuss the building and her options as the building owner. That meeting has been scheduled for September 21, 1992. The owner will be available for a Public Hearing at the City Council meeting of September 22, 1992. FINAL LISTING OF POTENTIALLY HAZARDOUS BUILDINGS. SITE 42049 Main Street Temecula, California A.P.N. 922-036-020 Legal Description: OWNER Mrs. Lorraine L. Clark 3042 W. Lena Way Tucson, Arizona 85741 20 acres M/L in Por Lot 4, BIk 27 and Lots 5 & 6 ITEM NO. APPROVAL CITY ATTORNEY ,_ ~ :'-~'~ FINANCE OFFICER CITY MANAGER .-7--,: _- TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning September 22, 1992 Change of Zone No. 5631 and Vesting Tentative Tract Map No. 25320 RECOMMENDATION: Staff recommends that the City Council continue Change of Zone No. 5631 and Vesting Tentative Tract Map No. 25320 to October 6, 1992. ANALYSIS Change of Zone No. 5631 and Vesting Tentative Tract Map No. 25320 were previously before the City Council on October 8, 1991, November 12, 1991, December 10, 1991, January 14, 1992, March 10, 1992, April 14, 1992, June 9, 1992, August 11,1992, September 8, 1992 and September 22, 1992. These items were continued at the applicants' request. The item is once again being continued to October 6, 1992. vgw S%STAFFRPT~5631 CZ.C11 ITEM NO. CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Mary Jane Henry, Finance Officer DATE: September 22, 1992 SUBJECT: Capital Improvement Program Fiscal Years 1993-97 Prepared by: Grant M. Yates, Senior Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR THE FY 1992-93 DISCUSSION: The City Council conducted a workshop on September 9 to discuss the proposed Capital Improvement Program. At the workshop, Councilmember Parks had inquired about prior commitments that the City Council may have made in regards to alleviating traffic on Calle Medusa. This question was raised as the Council was reviewing the Nicolas Road to Calle Girosol to Calle Chapos to Walcott Road Paving project which was proposed to be deleted from the CIP budget. The City Clerk's minutes revealed that the City Council did not made a commitment with regards to a specific method to alleviate the Calle Medusa traffic problem. At the workshop, staff was directed to place in the CIP the project which best addressed the needs of the Calle Medusa area. The project that best addresses the needs is identified as the Nicolas Road to Calle Girosol to Calle Chapos to Butterfield Stage Road Paving as shown below. The major additions and deletions in the 1993-97 Capital Improvement Program include: New Projects in FY 1993-97 CIP Project Description Fundine Sources Priority Amount Convention Center Fire Station East of Freeway First Street Bridge Moraga Road Storm Drain Unknown IV $25,000,000 RDA I 1,500,000 RDA I 1,000,000 DIF I 200,000 September 22, 1992 Capital Improvement Program Fiscal Year 1993-97 Page 2 Nicolas Road to Calle Girosol to Calle Chapos to Butterfield Stage Road Paving Northwest Sports Complex Old Town Demonstration Block Sixth Street Paving Traffic Signal Installation Western Transportation Corridor Proiect Description Measure A I 500,000 RDA/COP I 17,900,000 RDA I 250,000 DIF I 70,000 DI F/FSTA I 797,500 Measure A/AD/RDA II 11,500,00 Projects Deleted From Fiscal Years 1992-96 Fundina Sources Priority First Street Parking RDA I Joint Use Tennis Court Lighting Project Quimby Fees IV Main Street Bridge Replacement RDA II Margarita Canyon Natural Park Site RDA I Temecula Valley High School Tennis Court lighting Project CSDA IV Ynez Road Northbound Extension to Date Street Study Gas Tax III Amount $1,400,000 195,000 700,000 4,300,000 250,000 On August 10, 1992 the Parks and Recreation Commission reviewed the proposed Capital Improvement Program and recommended that their top three priorities for development included the Loma Linda Park Site, Riverton Park Site and Pala Road Park Site. If the City Council approves the Proposed Capital Improvement Program budget, then these three projects, prioritized by the Parks and Recreation Commission, will be funded 'in conformance with their recommendations. 10,000 RESOLUTION NO. 92- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 1992-93 WHEREAS, the City of Temecula requires public infrastructure improvements in the areas of streets, highways, transportation facilities, parks, recreational facilities and public buildings and facilities; and WHEREAS, the careful timing of the installation of such improvements is necessary so as to best serve the public health, safety and welfare; and WHEREAS, in order to prioritized these public infrastructure and improvements, Capital Improvements Program is necessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: of the offices Section 1. The 1993-1997 Capital Improvement Program is hereby approved. A copy 1993-1997 Program is attached hereto as Exhibit "A" and will be kept on file at the of the City Clerk. Section 2. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act CCEQA"). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. Section 3. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula 1993-97 Capital Improvement Program included therein appropriations for FY 1992-1993 is hereby adopted. Section 4. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to Resos 271 B. The City Manager may authorize expenditures of funds in amounts up to $10,000. Any expenditure of funds in excess of $10,000 requires City Council action. C. The City Manager may approve change orders on Public Works contracts in amount up to $10,000, if sufficient appropriated funds are available. Section 5. Certification The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOFrED this __day of , 1992. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 92- was duly adopted at a regular meeting of the City Council of the City of Temecula on the day of , 1992 by the following roll call vote. AYES: 0 COUNCILMEMBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June S. Greek, City Clerk Rcsos 271 seemeem eeeweew meeeeee eeeeewe eeee eeee eeee ~ .... ~ssee ~ , , · , ~ .... C) 0 .r m ; I-- ~.~ Z WZ~J Z 0 Z~ -] II 1 1 ~ .< Z:::l: ~z O~ § l l § _ ! < 0< § I I .l I § I I § I §t l I r~ ~Z I I I 1 t I I I1 =-- = _ = _- _>_ Z~ l O0 § § I ill O0 -=>_._> Z .< Z~ ~0 I § §§ Z Z~ §§ ~::D~ e 0 Z [- 0 a,, Z 0 0 [-- 0 0 Z Z GVOI:::I OHONVEI// rl C) < < Z Z .< '7 MORAG Z 0 C). Z Z < BUI'I'ERFIELD STAGE ROAD Z O .< WALO, OTT ~OAD 0 FI Z Z Z 0 [- 0 Z 0 0 Z 0 [..T..1 r~ Z Z Z /~ONT' STR~"'r i:L Z Z - ~ ~,~~ 0 0 0 'D 0 e Z 0 0 Z 7 ~0 0 e [- C) C> n 0 ill 0 Z C~ 0 0 < AD ~ ~ ~ Z 0 (J (J ~N~Z ~0 III 0 Z Z Z 0 o ~ N Z Z Z Z 0 Z Z Z 0 F-- 0 = 0 / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / <~ Z 0 0 0 ~z 'F // a, Z 0 [.-. Z ~J Z 0 Z 0 C) Z 0 >, Z 0 t_. 0 O Z (D 0 0 RANCliO C:AL.IFORNIA ROAD Z Z 0 0 0 0 Z 0 0 0 o ~ Z [- r~ Z Z Z [- Z 0 O E; ~E 0 Z 0 ITEM NO. 12 CC: JUNE GREEK 101 NORTH "D" STREET PERRIS, CALIFORNIA 92370 TEL: (714) 943-6100 August 31, 1992 Honorable Patricia Birdsall, Mayor City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: David Dixon, City Manager Dear Mayor Birdsall: Recently the City of Perris received correspondence from Riverside County asking us to join them in their Centennial celebration in 1993. On May 8th of 1993 a major celebration is planned with a parade and picnic. They have asked us to enter a float in their parade. The purpose of this letter is to follow up on phone conversations that I have had with your City representatives, suggesting that we join together in these hard economic times and form a committee ( 1 Mayor from each City) to work together, pool our resources and enter one float from cities in the southwestern county. The phone conversations have been positive to do this. Please have your Mayor respond in writing so that we may begin to move forward. Next step is to design a float. Money is also needed from each City to support what is bound to be the winning entry. Judith Baitingere/ Mayor pro-Tem City of Perris --- JB:mf ... rt, nchin,~ I'or the' i'uturc' July 16, 1992 Honorable Thelma Wilson, Mayor City of Perris 101 North D Street Perris, CA 92370 Attention: Michael N. Napolitano, City Manager Dear Mayor Wilson: We are continuing with our plans to celebrate Riverside County's CENTENNIAL next year. I have enclosed a Fact Sheet to bring you up to date on our Centennial planning efforts. A major celebration is scheduled for the County Seat in Riverside on Saturday. May 8. 1993. There will be a parade, picnic and banquet. We urge each city to enter a float in the parade and we also suggest that the float project be a joint venture with your Chamber of Commerce. I have contacted each Chamber with the proposal that they contact their respective city to discuss the possibility of jointly arranging for a float in the Centennial parade. There is no entry fee. Please advise me if you are able to enter a float in the parade on May 8, 1993, If so, I will provide you with an entry form. Centennially yours, Robert J. Fitch, Chairman Riverside County Centennial Advisory Board/Foundation RIVERSIDE COUNTY CENTENNIAL CELEBRATION · Face Sheet DaCe of lOOCh Anniversary - Hay 9. Z993 Sianificanc dates leading Co the establishment of Riverside CounCy~ Harch If, 1893 - Governor Harkham signed legislacion creating a Board of Commissioners Co call an election Co establish Riverside County from porcions of San Bernardino and San Diego Counties. Hay 2, ~893 - Successful elecCion held - City of Riverside was voted as the County Seat. Hay 9, 1893 - The Eoard of Commissioners declared Riverside County formed. June 5, 1893 - The Eoard of Supervisors held ics firsc meeting. July Z, 1893 - Effective operational dace of the new county. The Riverside County Board of Supervisors has established and has appointed a 25- member Cencenniai Advisory Board/Foundation for the purpose of organizing and coordinating Centennial activities and events throughout =he county. The CenCennial theme will hi~hli~hC the CounCy's future as well as the paso. A Centennial Loao has been selected. Activities and events are being organized co commence in the fall of 1992 and culminating on Saturday. Hay 8, I993. Hajor events will be a parade, picnic, and banquet in Riverside. Governor Wilson has been invited. OCher events/programs scheduled or likely co be scheduled include= - Centennial Fund Raising Barbecue on November 7, I992, ac Perris. - Organize Centennial banquet/n Che Coachella Valley. - Riverside County Philharmonic Centennial concert, Hay 7, 1993. - River-Co-River craii ride between Slythe and Riverside. - Re-publicaCion of A. A. aynon's 1893 History and Directory of Riverside County. - Publication of an updated edition of the Board of Supervisor's I968 Landmarks of Riverside County. - Organize and schedule various festivals, rodeos, etc. throughout the county. - Combine County Centennial celebraCion wiCh Riverside Councy's 1993 National Dace and R~mona PageanC's 70ch Anniversary. - Organize educational activities/events/programs in school districts and colleges & universities throughout the County. - Remove, inspect contents, and replace I902 Riverside Courthouse cornerstone. - HosC session of State Supreme CourC in Riverside in April, 1993. - Centennial wine labels, Pose Office cancellacions, etc. - Participate in the dedication of the new State Citrus Her/cage Park. WE WELCOHEANY OPFORTUNITY TOASSIST IN THE ORGANIZATION OF ADDITION~n CENTENNIAL ACTIVITIES IN YOUR CITY. CONTACT= Bob FiCch, Chairman, Riverside County Centennial Committee 5811Argyle Way, Riverside, CA 92506 Tel~ (7~4) 683-8346 ITEM NO. 13 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: City Council David F. Dixon September 22, 1992 Temecula Museum CITY OF TEMECULA A GENDA REPORT RECOMMENDATION: It is recommended that the City Council consider the request from the Museum Board of Directors for financial assistance. STAFF REPORT: Attached you will find correspondence from Nancy J. Maurice, President of the Temecula Museum Association. The request is for financial support to help cover operating expenses which are over and above that which can be adequately funded by the Museum's fund raising activities. The Museum Board is anxious to participate in the development of a permanent location for the Museum and has made several suggestions relating to that issue. The Museum is seeking support to cover their operating costs until a permanent building can be secured. The Cit~/of Temecula has programmed into the RDA bond sale funds which could be used to construct a very basic building that could be used by the Museum Association. Normally a request from a local nonprofit organization would be considered by the City Council during the last quarter of the calendar year, but because of the urgent need conveyed by the Museum Association, their President Nancy J. Maurice is seeking support as soon as possible. During FY 1991 a loan was made to the Museum in the amount of $22,200. The first payment on the loan is not due until July 1, 1994. The City funded a grant to the Museum for $20,000. FISCAL IMPACT: The Temecula Museum Board is requesting $22,500 to cover rent from October 1992 through June 30, 1993. This amount could be funded from the Council Discretionary Fund. August 7, 1992 Mr. Dave Dixon City Manager, City of Temecula 43174 Business Park Drive Temecula, CA 92590 Dear Mr. Dixon, The Temecula Museum Board of Directors is once again faced with the decision to come before the City of Temecula to request funding assistance. As you may recall., last year at this time, the Council agreed to loan the Museum $22,000 During this past year, the Museum has diligently worked to raise adequate funds, and has been successful in paying our daily operational costs. However, our rent, which is $2,500 per month, is not being cover- ed by fund raisers. The Museum Board recognizes the economic climate of, not only our City, but the entire nation and we feel that the Museum has a lot to offer the City of Temecula. We consider the Museum an asset that can only become more valuable with time. The histori- cal nature and background of Temecula are being focused in the City's Specific Plan for Old Town, and are repeatedly refered to in the Tourism element of the City's General Plan. We feel the City recognizes the value of the Temecula Museum and would like to ask the Council to consider establishing a policy that would assure the funds necessary to keep the Museum doors open until such time as a permanent building can be purchased or constructed. As a footnote, I would add that th~ Musuem Board has voted unanimously to return to their original plan to build the Museum at Sam Hicks Monument Park. With the City's acquisition of the L - shaped property adjacent to the park, the Board feels the Museum being located at the park would compliment the Senior Citi- zens activities and help the park to become a focal point of Old Town; one that will tie in with the Community Design portion of the City's General Plan. CA 9~90 · nc re cc: ~iuseum Board of Dir. ~ Enc: Financial InfoDosT OFFICE BOx 792 · TS.~ECU~ 714-676-00~ l 714-6Z6-6329 ent OLD TOWN TEMECULA MUSEUM FORECAST OF OPERATIONS FOR THE TWO YEARS ENDING DECEMBER 31, 1993 ACTUALS ACTUALS CALENDAR YEAR YEAR 4 MONTHS PROJECTED DECEMBER 31, APRIL 30, 1991 1992 1992 1993 REVENUES: Admission fees/museum donations Souvenir sales/book sales Pledges/memberships Fund raisers: Rummage sales Dances/dinners Receptions Other Interest income City of Temecula contribution- operating portion of $20,000 Total revenues $3,739 2,430 $7,000 $10,500 2,586 928 5,000 5,500 2,165 1,188 3,600 4,800 1,672 1,250 313 154 1,500 1,500 1,200 1,200 1,000 1,000 22,200 12,500 12,500 0 32,675 18,450 31,800 24,500 EXPENSES: Rent 20,400 Cost of souvenir sales 650 Printing 763 Postage 258 Utilities 816 Telephone 310 Insurance 2,319 Taylor maps Membership dues 120 Sales taxes 183 Filing fees 30 Misc. 568 Awards Outside services 25 Janitorial Wages Payroll taxes Bank charges 202 Promotion/entertainment '502 Legal 398 Office supplies 28 Photo copies 213 Royalties 398 Security deposit 2,500 Trash disposal 180 Wolfe store preservation 100 Interest expense-Western Comm. Bank Total expenses INCOME(LOSS) FROM OPERATIONS 7,000 28,000 32,000 284 2,500 2,750 630 2,000 2,100 168 360 378 775 2,400 2,520 107 500 525 1,981 3,000 3,150 210 400 130 130 143 183. 388 426 25 25 309 1,000 1,100 300 315 175 1,200 1,320 149 300 330 0 0 0 0 19 25 810 1,600 2,400 16 16 231 500 500 39 250 300 150 150 250 50 300 300 569 1,420 1,261 30,963 13,875 46,574 52,393 1,712 4,575 (14,774) (27,893) OLD TOWN TEMECULA MUSEUM FORECAST OF OPERATIONS FOR THE TWO YEARS ENDING DECEMBER 31, 1993 ACTUALS ACTUALS CALENDAR YEAR YEAR 4 MONTHS PROJECTED DECEMBER 31, APRIL 30, 1991 1992 1992 1993 ADD OTHER SOURCES OF CASH: Proceeds from bank loan LESS OTHER USES OF CASH: Principal payments on bank loan City of Temecula contribution- acquisitions portion Capital expenditures: Transfer of City grant to acquisition account Leasehold improvements Fire protection system Fencing Office equipment Church moving costs EXCESS(DEFICIENCY) OF CASH FLOW 15,000 0 7,500 594 7,500 2,520 (7,935) .(15,000) (7,500) (7,500) (2,803) (1,200) (300) 0 ($6,223) $1,772 ($15,680)($25,373) JTMUEEUM-AI 1 Accounts 4/92 OLD TOUN MUSEUM 1/1/92 Through 7/31/92 Category Description 1/92 2/92 3/92 4/92 INCOME/EXPENSE INCOME CITY OF TEffiECULA 0.00 0.00 0.00 20,000.00 CORPORATE SPONSOR 0.00 0.00 0.00 100.00 FAMILY MEMBER DONATION 120.00 0.00 0.00 0.00 FRIEND DONATION 175.00 50.00 25.00 0.00 INTEREST INCOME 92.77 , 5.11 53.64 2.82 MUSEUM DONATIONS 225.25 1,143.75 519.25 541.25 rIUSEUR SALE5 49.75 192.25 342.75 343.75 PATRON DONATION 600.00 0.00 0.00 0.00 REIMBURSEMENT 0.00 0.00 107.00 0.00 REIMBURSEMENT FOR LOS5 0.00 0.00 0.00 1,142.60 SPONSOR DONATION 0.00 25.00 93.00 0.00 YARD SALE 0.00 0.00 0.00 0.00 Income - Other 0.00 0.00 0.00 0.00 TOTAL INCOME 1,262.77 1,416.11 1,140.64 22,130.42 5/92 0.00 0.00 0.00 0.00 2.92 588.75 328.00 0.00 0.00 0.00 0.00 0.00 0.00 919.67 6/92 0.00 25.00 0.00 0.00 27.60 610.60 146.75 0.00 295.00 0.00 0.00 1,575.62 0.00 2,680.57 7/92 0.00 475.00 0.00 0.00 0.00 104.50 48.50 0.00 35.00 0.00 0.00 0.00 402.00 978.00 OVERALL TOTAL 20,000.00 600.00 120.00 250.00 184.86 · 3,733.35 1,364.75 600.00 437.00 1,142.60 118.00 1,575.62 402.00 30,528.16 EXPENSES ADVERTISING 0.00 0.00 0.00 0.00 0.00 0.00 9.30 9.30 BANK CHARGES 11.91 0.00 7.15 0.00 0.00 3.00 0.00 22.06 BOOK CONSIGNMENT 104.00 0.00 0.00 0.00 0.00 0.00 0.00 104.00 BOOK5 0.00 0.00 O.OO 180.00 0.00 0.00 0.00 180.00 BUILDING PERMITS/LICENSES 0~00 35.00 0.00 0.00 0.00 0.00 0.00 35.00 CLEANING SUPPLIES O.O0 0.00 0.00 149.00 0.00 166.26 112.23 427.49 CORPORATION FILING FEE5 0.00 0.00 0.00 0.00 0.00 5.00 0.00 5.00 ENTERTAINMENT 18.08 0.00 .0.00 0.00 0.00 0.00 0.00 18.08 FENCING 25.00 25.00 0.00 0.00 O.O0 0~00 0.00 50.00 FURNITURE/FIXTURES 0.00 0.00 0.00 610.00 0.00 127.77 894.37 1,632.14 GIFT SHOP 0.00 0.00 0.00 0.00 0.00 0.00 20.00 20.00 INSURANCE 471.95 489.20 501.46 518.32 0.00 234.16 0.00 2,215.0~ INTEREST EXPENSE 78.75 37.30 225.00 228.29 0.00 115.94 112.20 797.48 LEGAL EXPENSES 0.00 0.00 16.00 0.00 0.00 0.00 0.00 16.00 MEMBERSHIP DUES 0.00 40.00 0.00 90.00 0.00 0.00 0.00 130.00 MISC. DEPOSITS 0.00 0.00 0.00 250.00 0.00 0.00 0.00 -250.00 MISCELLANEOUS 0.00 32.27 204.00 71.00 0.00 0.00 0.00 307.27 OFFICE SUPPLIES/MISC. 0.00 0.00 0.00 231.31 0.00 35.79 0.00 267.10 OUTSIDE SERVICE5 0.00 175.00 0.00 0.00 0.00 0.00 0.00 175.0C PAINTING EXPENSE5 0.00 0.00 0.00 0.00 0.00 5.37 0.00 5.37 PETTY CASH 0.00 0.00 0.00 0.00 0.00 100.00 0.00 lO0.Or, PHOTO COPIE5 5.95 33.39 0.00 0.00 0.00 7.40 0.00 POSTAGE EXPENSE 138.83 0.00 29.00 0.00 11.60 5.80 0.00 185.27 PROMOTION 25.00 36.86 0.00 729.57 936.50 205.00 0.00 t,gt2.q~ KENT 2,500.00 1,500.00 1,500.00 1,500.00 1,500.00 1,500.00 3,000.00 !3,000.00 STATE SALES TAX 183.00 0.00 0.00 0.00 0.00 -~4.25 0.00 138.7: STATIONARY & PRINTING 248.89 0.00 0.00 381.44 0.00 85.88 0.00 716.2! TAXES - FEDERAL & STATE 0.00 0.00 0.00 0.00 10.00 0.00 0.00 !O.OC TELEPHONE 22.62 24.19 37.21 23.09 22.43 46.16 32.!0 207.~C TENANT IMPROVEMENTS 104.88 0.00 2,003.00 - 0.00 0.00 5,619.75 5,619.74 13.3~7.37 TRASH DISPOSAL 0.00 0.00 25.00 25.00 25.00 25.00 25.00 125.CC UTILITIES 278.26 69.73 197.47 229.85 22.77 95.I7 114.3~ !.007.~.L vOIDED CHECKS 0.00 0.00 0.00 0.00 O.O0 0.00 O.O0 OLD TO~N MUSEUM 1/1/92 Through 7/31/92 |TMUSEUM-AII Accounts ~"-. 4/92 OVERALL Category Description 1/92 2/92 3/92 4/92 5/92 6/92 7/92 TOTAL Expenses - Other 1.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 TOTAL EXPENSES 4,218.12 2,497.94 4,745.29 5,216.87 2,528.30 8,339.20 9,939.30 37,485.02 tOTAL INCOME/EXPENSE -2,955.35 -1,081.83 -3,604.65 16,913.55 -1,608.63 -5,658.63 -8,961.30 -6,956.84 TRANSFERS TO ACQUISITIONS 0.00 0.00 0.00 -500.00 0.00 0.00 0.00 -500.00 TO OLD TOWN MUSEUM -2,000.00 -1,500.00 -2.124.81 0.00 0.00 0.00 0.00 -5,624.81 FROM ACOUISITIONS 0.00 0.00 500.00 0.00 0.00 0.00 0.00 SO0.O0 FROM MONEY MARKET 2,000.00 1,500.00 0.00 0.00 0.00 0.00 0.00 3,500.00 FROM OLD TOWN MUSEUM 0.00 0.00 0.00 500.00 0.00 0.00 0.00 500.00 FROM REGULAR SAVINGS 0.00 0.00 1,624.81 0.00 0.00 0.00 0.00 1,624.81 TOTAL TRANSFERS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 OVERALL TOTAL -2,955.35 -1,081.83 -3,604.65 16,913.55 -1,608.63 -5,658.63 -8,961.30 -6,956.84 ITEM NO. 14 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: '- RECOMMENDATION: Advisory Board. CITY OF TEMECULA AGENDA REPORT City Council Mayor Patricia H. Birdsall September 22, 1992 County Museum Advisory Board Appoint a member to serve on the Riverside County Museum BACKGROUND: Steve Aaronson of the County of Riverside Museum suggested that the City of Temecula appoint a representative to the County Museum Advisory Board. Council may wish to discuss their choices for this position and select a candidate for the Mayor to appoint. ITEM NO. 15 FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: CITY COUNCIL/CITY MANAGER FROM: SCOTT F. FIELD, CITY ATTORNEY DATE: SEPTEMBER 22, 1992 SUBJECT: MUNICIPAL IMMUNITY FOR HIGH SPEED PURSUITS -- SB 347 (PRESLEY) RECOMMENDATION: That the City Council consider whether to support or oppose SB 347. DISCUSSION: In 1988, as part of a tort reform package intended to limit municipal "deep pockets" liability, Vehicle Code Section 17004.7 was adopted. It provided that cities were immune from liability in connection with high speed pursuits so long as the city had adopted a written policy on vehicular pursuit. In the recent case of Kishida v. State of California (1991) 229 Cal. App. 3rd 329, the Court held that a city obtains this immunity merely by adopting the written policy, regardless of whether it was properly implemented. SB 347 would amend this immunity to provide that a written policy must not only be adopted, but it must also be implemented. Further, while the issue of whether a city has adooted the policy will be resolved by a iudae. the question of whether the City has imolemented the policy will be left to the jury. As a practical matter, this will mean that cities will no longer be able to obtain early dismissal of a lawsuit based upon the fact that a vehicular policy has been adopted. Rather, all such cases will have to go through a full trial so that they can be submitted to the jury for consideration as to whether the policy was implemented. SB 347 would provide that this new requirement would be applied retroactive. This would mean that it would apply equally to claims arising from the recent border patrol pursuit in Temecula. SB 347 has been passed by the Legislature. It is now on the Governor's desk, and the Governor will have until September 30, 1992 to sign or veto the measure. As of the writing of this report, the Governor has not taken any action on the Bill. September 22, 1992 Agenda Report - SB 347 Page 2. The League of California Cities recommends that cities immediately contact the Governor to urge veto of SB 347. The League points out that by opening the issue of implementation of the immunity to jury review, the underlying immunity will become "virtually worthless." The League position, as reflected in its September 4, 1992 legislative bulletin is that: "This is not the time to expose local governments to huge fiscal liabilities in the courts." The Emilio family has requested that the City support this legislation. FISCAL IMPACT: No immediate fiscal impact. ATTACHMENTS: SB 347 Vehicle Code Section 17004.7 League Memo regarding SB 347 SFFII1070283.RPT 0~,17 09:25 714755564~ VEHICLE CODE ARTICLE"i Public Agencies Witkin Pmmdu~e (M ~d) pleading J 5M. Wil~n Summ~ {~ '~) T~ tt 226, 262, . ~ x~x: Li~ilt~ or, puMsc Collm~rd Rdaemeem Witkin Summary (gth cd) Tofl~ tt 201, 22& 227. . ,. ' '.,. : ~'Jur' 3d (key) Oovcmm~i TOn l,im~lity ~ ?, 10.' . ' ' NO~ OF.D~!ON8 : .ncllipca of the Are del~mrtngnt in 'tri:l ~n p~ly pt~ tk' dty'a for ~mma~ ~gm~t immunity u~ ~inB Io~mm~ ~m~ity in ~6nl er~ ~i~ K a mot~ vehi~ ~y tO Sv~ t~ mmm~ :c p~y ~ by a noBliFt omi~n in thc o~ti~ of ~Y ~lor v~ ~ int~rct~ 8~4, ~ that V~. ~ ~ motor v~icle ~ and n~ ~ ~ ~wa~ ~in~to v ~ty ~ Rim- (!~t, .4th D~t) 23~ 191. !n an acsion 8saln~t · city am;b two of ~u polir, c' oilier-- by: moto~t injur~ w~ h~ ~r wu bt~id~ by a vch~e ~n8 pu,~ by the ~li~ f~ I~in~ %he ~i ~n pro~!y d~ ~'s mmi~ for n jud~t on ~e pl~np, ~ff~lly ruling ~hc city w~ n~"immune from liability un~ Gov. ~c, ~ ~5.8, ~vi~ng n~th~ m ~blic ~tity nor I~ble f~ any iNu~ ca~ ~ an ~nS or ~ p~ner, nn ~plng or ~ ~,t~ ~m. or a ~n mistinS m~a~ in v~ of V~- ~c, G 17~t, prov~ing thz a public ~iity limblc for injuHa proximmlely uu~ by ~gllg~t ~ or om~o~s in the n~mtion ~ n~y m~ v~ic~ ~ an mploy~ of ~e public entity ~ting o~n' ~t wM nqligmL and arc quutim ~ f~c. City of ~ 3~ v Su~ ~n (19~5, I~ Ddt) 166 Cnl R~r ~1. In ~ gtion by a p~ o~er apiMt a city ~ 17~2- EXtent of ~in Summa~ (gth ~) To~s !~ 226, 2~. ~ 17~, Authorized emergency vehiclu Witkin Summa~ (gth i) Tom }l 230. 262. Qi Jut ~ (Key) dovcmm~t Ton ~mMti~y ~ 7. § 17004,7, ImmunitY of public agency employing peace officerl in action reaulfing from vehicular p~sujt ' . ' (a) The immunity providcd by this Mction is .'in' addition to any other !klianlnI t~ 19~2. 5 ! § 17004.7 VEHICLE CODE immunity provided by law. The adoption of a policy by a public agency pursuant to this section is discretionary. (b) A public agency employing peace officers which adopts a written policy. on vehicular pursuits complying with subdivision (c) is immune from liability for civil damages for personal injury to or death of any Incaon or damage to property resulting from the collision of a vehicle being operated by an actual or suspected violator of the law who is being, has been, or believes he or she is being or has been, pursued by a peace officer employed by the public entity in a motor vehicle. (c) If the public entity has adopted a policy for the safe conduct of vehicular pursuits by peace officers, it shall meet all of the following minimum standards: (1) It provides that, if available. there be supervisory control d the pursuit. (2) It provides procedures for designating the primary pursuit vehicle and for determining the total number of vehicles to be permitted to participate at one time in the pursuit (3) It provides procedures for coordinating operations with other jurisdictions. (4) It provides guidelines for determining when the interests of public safety and effective law enforcement justify a vehicular pursuit and when a vehicular pursuit should not be initiated or should be terminated. (d) A determination of whether a policy adopted pursuant to subdivision (c) complies with that subdivision is a question of law for the court. Added Slats 1987 ch 12054 I.. ' No{e--- gtat~ 1987 ch 1205 prot~dea: - SEC. 2. Titix act eppli, only m actions bas~ utxm ·eta or omissions occurring tm or ari~t. JanuatT i, I9U. and the adoptiOn of a poli~cy by She public entity that campit,..- with Section 17(~4.7 0f the VchicJe Code_ Fallt~r', Nolm---Th~r· wu an0ti~T see·ion or this humidor which was ·dried $La~ 1987 cb 120! § 26 mad repealed SLats 1989 ch 1360 ,--' 157. Wilkin Summ·ry (glh ed) Torts § 232. C. tJ Jar 3d {Rtv) Oovarnm~t Ton Liability § 7. NOTES OF DEC-JSIONS §4 ! and 2). wU n~ rq:~dcd by the 1980 which states "g-,'tkm 17004.7 of ~be Veble.~ as added by eh. 1201 ~' the at·tales of 19f7, is replied." Only the duplicate vcrlkgn Of {; [711M.7, that w&~ adopted by ch. 1201 in 1987 wax rqx:alM. The only lagteal cmutructlon of tk a.madlm~t that it was for ~'houtt cleaning" purposes o~ly § 17004.7, u added by oh. 1205 of the 1987 ato~utm is curryally in e~n:t W,'~n~' .v City of Sar Diclo (1991.4th Dial) 2:29 Cai App 3d i203, 210 CaJ R4~t 818. In an action agairtst · city knd poli~'~tf~m by a motorist scckirtI damaScs for injm. il8 when the car l~c was driving lval kit.by ~m' driv~l by a tic:jag criminal suspect during a hilb-qx~ poli~ ¢ha~ th~ tr~J c,~n properly sunaged with- out ]cave to amend the cily'l d~llth't~Ef complaint o~ the hat, is of public n, dty Imqtunjty under Veh. Code, § 17004.7, prov/ding zlmt tha adoplion of a wt~l~ poli~y on high ~ providn · pul~lic enlity with immunily. TI~ surge dc, es not r~luiee'proof thai Ih~ pailS/MoTrod by the entity c~tnpiie~ "in practice" with th~ nMmc. In an aelion alaimt the sial4 ailcSi~8 that plain- tiffs we injured In a coillion Mat an automoVie being chUed by hilhway pat·or t~ the trial court properly grintad tat·mary judlm~m for the SLat· On ·ha bmti~ of Veh. Code, J 17004.7 (immu- nity of public agency ~nployin/l'4ace nit~cen from liability for damages art, lag (tom vehicle pursuits where vehicular-pur, uit policy nat·lying speeif~d c~nditions ~dopted), sinc~ The highway p01rol had adopaid such a policy, notwithstanding plaintiffs' contention that there wcr~ triab|e tsau~ M Io whether thai potky was followed. Oiven that the statut~ wM erected for the cxpfcss purpt~e of extending immunily to gov~'nment cnliti4s on · given condition ·ulx~quent, the word "adopt". must I~ interpreted as not r~luiring a public ·nay to provc that, dunn~ · Is·Scalar chase. its policy on are punairs was mually practiced by the pursuing officers. Kiahida v Sate of California (1991, 4Ih DL~.t) 229 Cai App 3d 329. 280 C_AJ P-plr 62. Vch. C..od~, § 17004.7, which wks adOptrid twit· in identical form in the 1987 Icgitladon (St·as. 1987, ch. 1201, §4 26 and 30. and Slat· 1987. cb. 1205, lklinnUtl in 1992, 6 ~tall, ;rid·ate c~nE~ o~ addliana. o * · :·date amit4im~. T inju, w,b 1114;n1 abe r ~iv~ (~pn. m V~. impl~ 3Z REQUEST vFTC', _ . I~.~C~y.~l nf M.nlri~.'d in~.,,,.~,,, N~h ~.eH Pursuits. SB ~7 (Proslay). On Gov:enor's Desk. Cities should immediately contact the Governor to urg that he veto $B ~7. Th~ legalalien amended ~d p~scd in the final two da~ of the seaion and would retroactive]y c~minate city immunity from d~agcs a~gd hy inju~ during high speed pursuiu u~e~ a court determined that ccrtin pra~i~s ~rc foUowcd and impicmcntcd. The legislation o~ to jury scrutiny the questions of whether ~lice departmenu ha~ adequate ~li~ regarding high ~pccd pursuits and ~ the ~iicy pro~rly implemented ~d enforced. ~ le~slation ~uld o~n cities up to ~tcntiaily huge judgemeats by atlo~ng jules to se~nd-gue~ the tr~g and enforcement of pursuit ~]icics. A si~i~nt ~rtion of the Tort RCfOm package of 19~. would abrogated by t~ bill. SB ~7 would make the immu~ty afforded by ~ectlon I7~.7 ~rtually worthl~. T~ is not ~c mc to ex~ Io~l governments to huge f~l liabillti~ in Ihc ~urt~ Contact the Go~rnor ~d urge hc ~TO ~B ~7. 6. REOUEST VETO Building Plan~. AB 310t (Socicr). Further Limits City Rcvicw o.r Buildin~ Plans. AB 310[ shortens the timeframe in which cities have to review residential building plans, nonresidential building plans, and nonresidential remodeling pleats. If an agency cannot meet the shortened timeframe, it must contract for plan review services. While the agency is given authority for reimbursement for actual services rendered, a city would not be allowed reimbursement for costs associated with preparing the request for proposals, reviewing proposals and other staff time for administering the contracting procedure. AB 3101. contains yet another un~undcd state mandate. Additional contracting for municipal services results in further reductions in building depaxtment staff. Worse yet. by reducing building department staff, further delays will result in the ability of cities to perform the multitude of building department operations. This is bad policy in tccessionary times and is counterproductive to permit ~trcamlining efforts. AB 310X stems from a survey by CALBO which indicated that 'average' time for processing an 'initial' plan check for a angle family dwelling was 12.2 days and 9_6~5 days for nmtrcsidentiai buildings. There was no data collected on what the range of time was for each individual jurisdiction. nor do the survey results indicated what the reported range was for the averages provided. The average time for processing applications cannot reflect the variety of statewide eircumstanczs such as the ~ of a building department, the number of applications on a seasonal basis, or the complexi~ of individual projects. Citi=s should urgc Governor Wilson to VETO AB 3101. (Referred to previously in Bulletin ~29-1992.) O 7. REQUEST VETO Los Angeles River Conservan~y. SB 20x Crorresl. ! ~st Minute I cgislatlon on C, overnor's Desk. Introduced ten days before the end of the two year legislative Mssion, SB20x (Tortes) creates the Lo~ Angeles River Consen, sacy re remove the existing concrete bed and revetments which serve as flood control along the Los Angeles Rivet. A number Of the biirs provisions arc inconslstcnt with our existing Growth Management and Regional Issues policy. SB 20x ~tablishcs a regional govcrning board with membership proscribed by the Legislature. This bill recognizes that a number of local ]misdictions will be affcctcd, but gives thc numerous cities ilmitcd 10 September 4, 1992. I - RCD 16: 45 ~921'32362700 Sep~exmber 1, 1992 B~&5 LA HAIN ~ uuz~u~ Page i ~ SB 347 Page 1 ArTTHOR: preeley TITLEs Civil li~ilitY: immunity ZNT~ODUCBDs 02/~3/91 LAST AN~ND~ ae/al/g2 LOCATION: To enrollment CODE S~CTZONS= A~ oat =o amend Section 1700~-7 of the Vehiule Code, relaUing Co liabilitY- actual or ~us~ec~~~ for i p~lic entity meets s~cifidm vehicular pursuits by pete officers- ~is bill would re~ire, in order ~or ~e i~itY to ap~ly, ~a= ~e ~lic aqency ~opt aria im~le~nt, =ath~ rha~ adopt, and ~a= i~s ~ace officers fOllou, ~aC ~it~en ~licy- ~e ~ill woul~ provide that ~e inapplicabillEY of provision in a pa~icular case shall no~ be ~ne~ed to create inference, or preemption of nqli~e~e ~ . , of ~e C~ SUte-mmndate~ 1Nai program: no. sTATUSz a2/~3/sz 0~/21/9z 04/02/91 0~1~519~ 04129/91 oe/os/ex 01/16/92 To SENATE com3nit~ee n From SENATE Committee on ~DICI~Y= Do p~es as on~PRIATIONS- e-referred to Co~it=ee on ~pROpRIATIONS- In 5~ATE CO~m e~mission- From $~ATE Co~l==ee on ~pROPR~TIONS ui~ 09~1~x92 09:2? ~ 7147555~4~ 8WS U~ ~, ~ep~e~ber 1, 199~ - .~fION 1- Section 17004.7 of the Vehicle C~de is emenddd to read: -:~7004-7- (a) The immunity provided by this secUion is in addition any o~her immunity provided by law. The adoption of a policy by a ~lic agency pursuant to %hi~ section is discretionary- (b) A public agency employing peace officers which adopts end ~plements, and whose peace officers follow, a written policy on ~hicular pursuits cQmplying with subdivision (c] iS immune from .ability for civil damages for personal injurY to, or death of, any · reon or damage ~o propeEty resulting from ~he collision of a vehicle ~ing operated by an actual or suspected violator of the law whQ is believes he or she is being or has been, pursued by · in~, has been, or peace officer employed by the public entity in a motor vehicle. (c] If the p~blic entity has adopted & policy for ~a~e safe conduct f vehicular pursuits by peace officers, it shall meet all of ollowin~ minimum Standards: (1) I= provides that, if available, ~here be supervisory con~rol of he pursuit- (~) it provides procedures for designating the primary pursuit · ehicle end for determining the total number of vehicles =o be permitted ~e participate at one time in the pursui~- (3] It prayides procedures for coordina~in~ operations ~l~h ~ther ~urisdic~i~ns- (4) It provides quidelites Zrur de=er~inin~ when the interests mbllc safety and e£fec~ive le~ en~oroement Justify a vehicular pursuit md when a vehicular p~rsui= should no~ be initiated or should be ~ermina=ed. {d] A determina~ion of whev/~er a policy adopted pursuant =o ~ubdivisicn (c) c~mplieS wi~h tha~ subdivision iea question of law for :he cotlrt. (e} The inapplicabilitY of this section in · particular case shall no~ be construed =a create any evidence, inference, or presumption negligence in ~hat case- [A> SEC- 2. I= is ~he in~en~ of the ragislature ~o abrogate ~he holdinq of ~he Coul'~ of Appeal in Kishida v- Sta~e of California, 229 Cal. App- 3d 329, =o ~he exten~ that =he holding found l~munity under Section 17~04-7 of the Vehicle Code, when a public agency merely a writ=an policy on vehicular pursuits without having ~o implemen~ and follow the written pursuit policy- It iS, and was, =no ln~enn of ~.he Legislature in v31e enac=men~ of Section 17004°7, that in order for immunity ~ apply, the public agency mus~ adop~ and implemen~ a pOliCy on vehicular p~rsui~ and its peace offloafs must follow policy. <A] END OF REPORT ITEM NO. 16 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: DISCUSSION: Issues to be development 1. 2. 3. 4. CITY OF TEMECULA AGENDA REPORT City Council Councilmember J. Sal Mur~oz September 22, 1992 Development of Pechanga Indian Reservation Property discussed with respect to the Pechanga Indian Reservation's plan for of property adjoining the City of Temecula residential areas. Traffic Pala Bridge Public Safety Issues Commencement of dialogue with Pechanga Tribal Council to insure mutual concerns are addressed. Recommendation regarding formation of a committee consisting of one Councilmember, one Traffic Commissioner, a member of City staff and possibly a representative of the Sheriff's Department to form the nucleus of a committee to initiate and continue discussions to insure that Temecula's interests are protected. ITEM 17 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ,~.,, CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Scott F. Field, City Attorney DATE: September 22, 1992 SUBJECT: Ynez Corridor - Acquisition of Right-of-Way for Overland Drive Bridge RECOMMENDATION: That the City Council approve the acquisition of the property located at the Southeast corner of Overland Drive and Jefferson Street for the landing of the Overland Drive Bridge, and further authorize the Mayor to sign the Acquisition Agreement, subject to the approval of the City Manager and the City Attorney as to the final form of the Agreement. DISCUSSION: Community Facilities District 88-12 (Ynez Corridor) was initiated in 1989 by the County of Riverside upon petition of the landowners. After City incorporation, the City Council voted to support the establishment of the District by approving a sales tax agreement, whereby a substantial portion of the special tax resulting from the District would be reimbursed by sales tax generated within the District. On April 1, 1992, the District and the City entered into a Joint Financing and Construction Agreement pursuant to which the City has agreed to take responsibility for construction of all road facilities to be built by the District, including the design and engineering, acquisition of necessary right-of-ways, solicitation of construction bids and administration of construction contracts. Phase I of District bonds were sold in June 4, 1992 in the amount of $19,000,000, over with $14,000,000 devoted to construction costs and acquisition of right-of-way. Principal improvements to be constructed in Phase I are design and construction of Ynez Road, acquisition of right-of-way for the Overland Drive Bridge over Interstate 15, design of Overland Drive Bridge, and $2,000,000 for park improvements. In order to construct Overland Drive, a landing for the western terminus of the bridge must be acquired at the Southeast corner of Jefferson and Overland Drive. This property is owned by Donald Coop. Agnrpt.ynez corr, acq. -1- John Neet, the City's appraiser, appraised the Coop property as of April 6, 1992 at $764,000 ($16.00 per square foot). Previously, Mr. Coop had obtained appraisals as of March 28, 1990 at $20.02 per square foot and as of April 22, 1991 at $22.50 per square foot. Most importantly, as of December 2, 1989 the adjacent property had been sold to In & Out Burger at a price of $18.60 per square foot. Acquisition of the Coop property has been under consideration since 1989, when Bedford Properties had acquired an option from Mr. Coop. The fact that acquisition of this property has been under consideration for several years has created the basis for Mr. Coop's claim that he is entitled to precondemnation damages. CONCLUSION: Based upon all these factors, we recommend that an offer of $840,400.00 or $17.71 per square foot, representing a 10% increase over the opinion of fair market value which Mr. Neet rendered. Mr. Coop has accepted this offer. It is recommended that the City Council approve it. FINANCIAL IMPACT: $840,400.00 from Ynez Corridor account. ATTACHMENTS: Acquisition Agreement. Agnrpt.ynez corr. acq. -2- ~ AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS Parcel No. i of Parcel Map 23830, andAn Easement Over Parcel No. 3 of Parcel Map 23830 THIS AGREEMENT is entered into this day of · 1992, by and between City of Temecula, a municipal corporation formed under the laws of California ("Buyer"), and Donald W. Coop and Jennean Coop, husband and wife. WHEREAS, on July 25, 1989, pursuant to the Mello-Roos Community Facilities District Act of 1982 (hereinafter, the "Act"), the Board of Supervisors of the County of Riverside adopted Re~aolut~0n No. 89-390 to establish Community Facilities District No. 88-12 of the County of Riverside (Ynez Corridor) (hereinafter, the "District"), and to levy a special tax within the District; WHEREAS, on September 26, 1989, after closing a properly noticed public hearing, the Board adopted Resolution No. 89-449, as amended by Resolution No. 90-046 adopted January 9, 1990, establishing the District and calling a special election pursuant to the Act to authorize the District to-incur bonded indebtedness in a principal amount not to exceed $60,000,000, to finance the construction· acquisition, modification· expansion, improvement or rehabilitation of certain road and public facilities to meet the needs of certain existing and anticipated development within the District, and to approve the rate and method of apportionment of the special tax to pay the principal of and interest on the bonds issued and related expenses; TM/lI070263.AOR/9/14/92 -- 1 -- WHEREAS, on March 23, 1990, at the election held pursuant to the Act, the landowners and the qualified electors of the District authorized the District to incur bonded indebtedness in the principal amount'not to exceed $60,000,000 and to approve the rate and method of apportionment of the special tax; WHEREAS, the District lies within the boundaries of the City of Temecula,.California (the "City"), which was incorporated on December 1, 1989; WHEREAS, the County continues to administer the District pursuant to the terms of the Act; WHERE~=:; '~t~e District and the City entered into a j'oint financing-and e6nstruction agreement dated as of April 1, 1992 (the "City Agreement"); WHEREAS, pursuant to the City Agreement, certain road facilities are to be acquired or constructed with a portion of the proceeds from the sale of the first series of bonds; and upon acquisition or construction, are to be owned and maintained by the City; WHEREAS, under the City Agreement, the City is responsible for the construction of said road facilities, including design and engineering, acquisition of necessary right-of-ways, solicitation of construction bids and administration of construction contracts; WHEREAS, one of the facilities to be constructed is known as Overland Drive, a bridge spanning the Interstate 15 freeway; TM/11070263 .AGPJg/14/92 ' 2 -- WHEREAS, Seller owns Parcel Nos. 1, 2 and 3 of Parcel Map No. 23830, located within the City of Temecula; WHEREAS, Buyer requires the acquisition of Parcel No. I for the completion of said road facilities, specifically Overland Drive; WHEREAS, Parcel No. 2 presently holds an easement across Parcel No. 1.for purposes of access to Jefferson Avenue and, upon acquisition of Parcel No. 1, Parcel No. 2 will lose this easement; WHEREAS, the purpose of this Agreement is to provide for the acquisit~o~-Of".~.~arcel No. I by the City and the establishment of an easementac~0ss Parcel No. 3 for the benefit of Parcel No. 2; and WHEREAS, had Buyer been unable to acquire the Property pursuant to this Agreement, it would have condemned. the Property; NOW, THEREFORE, IT IS HEREBY ~MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO S~T.L AND PURCHASe. In lieu of condemnation by Buyer, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this agreement, all that certain real property, buildings, fixtures and personal property ("Property") located East of Jefferson Avenue and South of Overland Drive, identified as Assessor's Parcel Nos. 910-480-061 and 910-480-063, and legally described as follows: TM/I 1070263 .AGR/9/14/92 -- 3 -- Parcel I of Parcel Map No. 23830, in the City of Temecula, County of Riverside, State of California, as per Map recorded in Book 157, pages 100 and 101 of Parcel Maps, in the Office of the County Recorder of said County. 2. PURCHASE PRICE. The total purchase price ("Purchase Price") shall be the sum of Eight Hundred Forty Thousand Four The Purchase Price shall be paid Hundred Dollars ($S40,400.00). in cash at close of escrow. 3. CONVEYANCE OF TITLE. Seller agrees to convey by grant deed ("Gra~=-De~d'') to Buyer marketable fee simple title to the Property f=ee ~md clear of all recorded and unrecorded liens, encumbrances~ assessments, easements, leases and taxes~ subject only to those exceptions approved in writing by Buyer. 4. TITT.~ TNSURANCE POLICY. Escrow Agent (as defined below) shall, concurrently with the recording of the Grant Deed to Buyer, provide Buyer with a standard form CLTA Owner's Policy of Title Insurance in the amount of the Purchase Price, issued by Chicago Title Company ("Chicago"), showing the title to the property vested in Buyer, City of Temecula, a municipal corporation, subject only to the exceptions approved by Buyer pursuant to Paragraph 3. 5. RSCROW. Buyer and Seller agree to open an escrow in accordance with this Agreement at Rancho Temecula Escrow, located in Temecula, California ("Escrow Agent"). This Agreement, together with such standard provisions as may be required by the TM/ I 10'/02~3 .A OPJg /14/92 -- 4 -- Escrow Agent, constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree' to do all acts reasonably necessary to close this escrow. 6. DEPOSIT. Buyer will deliver to escrow a deposit of One Thousand Dollars ($1,000.00) by check upon opening of Escrow to apply to the Purchase Price. 7. DOCUMENTS SUPPLIED BY SELLER. Promptly after the opening of escrow, Seller, at Seller's expense, shall furnish Buyer wi~hi~the:'.~ollowing: " --.[a) '~ preliminary title report on the Property issued by Chicago Title Company together with copies of all exceptions to title set forth in such report ("PTR"). (b) Copies of all contracts, agreements, understandings and commitments, with vendors, affecting any part of the Property, as disclosed in Exhibit A attached hereto. (c) All plans, specifications, as-built drawings (collectively, the "Plans") and any other information or documents in possession or control or available to Seller relating to the design and physical characteristics of the Property, and all permits relating to the operation of the Property ("Intangible Property"). (d) Original of all leases affecting the Property. (e) An Assignment of Leases and Security Deposits, duly executed by Seller assigning to Buyer all of Seller's right, TM/11070263 .AOP~9/14/92 -- 5 -- title and interest, as lessor, under all of the Leases including a cash transfer of all security deposits and prepaid rents ("Assignment of Leases and Security Deposits".) (f) Seller shall deliver to Buyer Mechanics' Lien releases in form satisfactory to Buyer signed by each person who has provided labor or material to or on the Property within the ninety (90) day period prior to Close of Escrow. 8. CONDITIONS PRECEDENT TO CONSUMMATION OF SALE. Buyer's obligation to complete the purchase hereunder is conditional upon the following: ~]{~)~"l"~he District providing monies in the amount of the Purchase P=ice'~o the Buyer; (b) Approval by Buyer of the PTR; upon receipt of same Buyer to have fifteen (15) days to approve or disapprove the report; if Buyer shall disapprove or conditionally approve any item in the PTR, Seller shall, within fifteen (15) calendar days of receipt of such disapproval or conditional approval, advise Buyer in writing whether or not Seller shall cause to be eliminated any such disapproved item or items; if Seller elects to eliminate such disapproved item or items, the escrow shall remain open; if Seller elects not to eliminate such item or items, the escrow shall be canceled upon written notice from Seller to escrow; upon such termination, thereafter neither Buyer nor Seller shall have any further liability hereunder, except that Buyer shall be entitled to the prompt return of all funds deposited by Buyer with Escrow Agent; TM/1107G263.AGR/9/14/92 -- 6 -- (c) Approval by Buyer of Leases, including any new Leases entered into during the escrow period. (d) Approval by Buyer of a Phase I environmental report, which will be obtained and paid for by Seller~ (e) Buyer conducting a physical inspection of the Property, and approving the physical condition of the Property; (f) Performance by Seller, on or before the applicable time deadline, of each and all of its obligations pursuant to this Agreement; (g) Receipt and approval by Buyer of all documents listed und~'~a=agraph 7 hereof~ .--~h) ~he truth of each and every warranty and representation made by Seller in this Agreement as of the date of execution thereof and as of the Closing Date; (i) On the Closing Date, Chicago Title Company shall be ready, willing and able to issue to Buyer (or other entity selected by Buyer at least three (3) days prior to the Closing) its standard form CLTA Owner's Policy of Title Insurance insuring Buyer in the amount of the Purchase Price that good and marketable title to the Property is vested in Buyer subject only to the exceptions to title set forth in the PTRand approved by Buyer; (j) No destruction, damage or loss of or to the Property having occurred on or before the Closing Date from any cause or casualty whatsoever; 1070263 ~0~J911~92 -- 7 -- (k) At any time or times before the Closing Date, Buyer may be allowed to inspect, and approve, in Buyer's sole and absolute discretion, the Property and to make any investigations Buyer or Chicago TitXe Company may desire with respect to the physical condition of the Property or any other aspect of the Property, including, without limitation, ~he environmental condition of 'the Property, the condition of title to the Property and all matters related to compliance of the Property with all applicable laws; 9. LTOUIDATED DAMAGES. IN THE EVENT THAT SELLER SHALL HAVE PERFO~RM. ED'=.~S OBLIGATIONS PURSUANT TO ESCROW AS HEREIN PROVIDED, .AND BUYER SHALL DEFAULT BY FAILING TO PAY THE PURCHASE PRICE AT CLOSE OF ESCROW THEN SELLER SHALL RETAIN THE ONE THOUSAND DOLLARS ($1,000.00) DEPOSIT AS LIQUIDATED DAMAGES, WHICH SUM THE PARTIES AGREE IS REASONABLE CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE SUM TO THE RANGE OF HARM TO SELLER THAT REASONABLY COULD BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES COULD BE COSTLY OR INCONVENIENT. IN PLACING THEIR INITIALS AT THE PLACES PROVIDED, EACH PARTY SPECIFICALLY CONFIRMS THE OCCURRENCE OF THE STATENENTS MADE ABOVE AND THE FACT THAT EACH PARTY WAS REPRESENTED BY COUNSEL WHO EXPLAINED THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION AT THE TIME THIS AGREEMENT WAS MADE. BUYER SELLER TM/11070263 .AGR/9/14/92 -- 8 - 10. NOTICES. All notices called for herein shall be in writing and shall be delivered to Seller, Buyer and Escrow Agent at the addresses set forth in this document. Notices shall be deemed delivered two'(2) days after first-class mailing, or one day after facsimile or personal service. 11. OPENTNGAND CrYSING. (a) Escrow shall be deemed opened upon full execution of this Agreement. (b) Escrow Agent shall close escrow ("Close of Escrow") thirty (30) days or less after opening of escrow, or upon Buyerj~=s~approval of the environmental assessment required at Paragraph.-S(c)'~cjor upon delivery of the Purchase Price from the District to the Buyer, whichever occurs last. (c) Seller shall deliver or cause to be delivered to Buyer through escrow: 1. The Grant Deed as to Parcel No. i in proper form duly executed and in recordable form conveying to Buyer fee title to the Property subject only to the exceptions approved by Buyer pursuant to Paragraph 3 hereof. 2. A Quit Claim Deed as to the Easement across Parcel No. 1 in favor of Parcel No. 2 of Parcel Map No. 23820 duly executed and in recordable form. The Quit Claim Deed shall be substantially in the form of Exhibit B attached hereto. 3. The Agreement Regarding Access in proper form duly executed and in recordable form providing that prior to the conveyance of either Parcel No. 2 or Parcel No. 3 of Map No. TM/11070263 ~(~R/9/14/92 -- 9 - 23830 or any portion thereof, an easement shall be granted across Parcel No. 3 for the benefit of Parcel No. 2. The Agreement Regarding Access shall be substantially in the form of Exhibit B, attached hereto. 4. A standard form CLTA Owner's Policy of Title Insurance issued by Chicago Title Company in the full amount of the Purchase-Price insuring title for Parcel No. i vested in Buyer subject only to the exceptions approved by Buyer pursuant to Paragraph 3 hereof. 5. All keys and combinations which give access · ~ to the P~o~rt~..~'~nd which are in Seller's possession. " (d) '~Suyer shall deliver or cause to be delivered to Seller through escrow the Purchase Price as set forth in Paragraph 2. (e) Both parties shall execute and deliver through escrow any other documents or instruments which are reasonably necessary in order to consummate the purchase and sale of the Property. 12. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller hereby represents and warrants as follows: (a) The Property is free and clear of all liens, claims, encumbrances, easements, encroachments or rights-of-way of any nature whatsoever other than the matters set forth as exceptions in the PTR. · r~11070263.AOR/9/14/92 -10- (b) Until the Closing, Seller shall maintain the Property in its present condition, ordinary wear and tear excepted. (c) Seller has no knowledge of any order or directire of any applicable Department of Building and Safety, Health Department or any other City, County, State or Federal authority, relating to the Property. (d) Seller has complied with, and has no knowledge of any pending, threatened or potential investigation, proceeding or action (including legislative action) relating to the failure of Seller, or~h~':~provements on the Property, to comply with, any and all statutes, laws, ordinances, regulations, rules and orders of governmental authorities having or claiming jurisdiction relating to the ownership, operation and use of the Property and the construction, completion and occupancy of improvements thereon including, but not limited to, compliance with any and all zoning, health, safety, building and fire regulations and the obtaining and compliance with any and all necessary permits, licenses and certificates of authority. (e) The Property is in compliance with all zoning and land use requirements. (f) Seller has no obligations to any finder or broker in connection with the sale of any or all of the Property. (g) Sellers are not aware of any Hazardous Materials (as defined below) that have been used, present, released, stored, manufactured, generated or disposed of on, under or TMn xo?o~ .AORS/14~n -- 11 -- about, or transported to or from the Property. To the best of Seller's knowledge, no Hazardous Materials have been incorporated into or used in constructing any improvements in or on the Property. As used in this Agreement, the phrase "Hazardous Materials" shall mean any hazardous, toxic, corrosive, reactire, ignitable, carcinogenic or reproductive toxic substance, material, product, compound, chemical or waste (including, without limitation, petroleum, including crude oil or any fraction thereof, asbestos or asbestos-containing materials, flammable explosives, radioactive materials, and polychlorinated biphenyls)I~i~S "~fined in or regulated by any federal, state or local law,.'-ordi~ance, regulation or code regarding the environment Or health, safety or welfare ("Environmental Laws"). To the best of Seller's knowledge, the Property (including, without limitation, the soil and groundwater thereunder) is not in violation of any Environmental Laws. No above-ground or underground tanks exist on, under or about the Property. (h) The Property consists of approximately 1.07 acres (net) of land. (i) All of the documents, information and records provided by Seller to Buyer in accordance with this Agreement shall contain true and accurate information and do not omit any material fact. (j) Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or TM/I ~ 0'/0~3 .AOR/gnaWg'2 -- 12 -- "' any other party before any court or administrative tribunal which is in any way related to the Proper%y. (k) All contracts, agreements, understandings and commitments, written'or oral, with vendors, affecting any part of the Property, are disclosed in Exhibit A attached hereto. (1) As of the time of the Closing Date, Seller shall have paid and settled all outstanding debts, claims and other obligations owed by Seller in connection with the ownership of the Property, the construction of improvements thereon or the maintenance thereof ("Debts"). Buyer is not assuming any Debts. Seller wil~'=indemnify and defend Buyer from all actions"relating to collection 6f Debts.. 13. PRORATIONS AND EXPENSES. (a) Real Property taxes shall be prorated as of the date of Close of Escrow, based upon the latest tax bill available. Assessments of record shall be paid by Seller. Utilities, operating expenses and premiums for fire and extended coverage insurance on the Property, as handed to Escrow Agent, shall be prorated as of the date of Close of Escrow. Seller shall be responsible for the CLTA Title Insurance premium. (b) Buyer and Seller shall each pay one-half of the usual escrow fees, and Seller shall pay the usual recording fees and any required documentary transfer taxes. 14. POSSESSION. Exclusive possession of the Property shall be delivered to Buyer at Close of Escrow. Tkf/11070~63.AGR/9/14/9~ -- 13 - 15. ATTORNEY'S FEES. In the event of any litigation between the Buyer and Seller, concerning this transaction, the prevailing party shall be entitled to reasonable attorneys' fees. Disputes shall be submitted to binding arbitration before the American Arbitration Association in Los Angeles, California. 16. FIRPTA. Seller shall deliver to Buyer through escrow an affidavit.executed by Seller under penalty of perjury stating Seller's United States taxpayer identification number and that Seller is not a foreign person, in accordance with Internal Revenue Code 1445(2). - ~ 17...RELEASE. .- ..(a) '~n consideration of the promises contained herein, Seller and its assigns and successors in interest do hereby release and discharge Buyer, its officers, agents, employees and successors in interest, from any and all rights, claims, demands, and damages of any kind, known or unknown, asserted or unasserted, resulting from or related to the acquisition of the Property, including any claims for pre-condemnation damages. (b) Seller understands and agrees that all of its rights under Section 1542 of the Civil Code of California or any similar law of any state or territory of the United States, are hereby expressly waived. "Section 1542. Extinguished. Said Section reads as follows: General Release-Claims A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the TM/1107(7263.AOP,/9/14/92 -- 14 - time of executing the release, which if known by him, must have materially affected his settlement with the debtor." (c) Seller expressly warrants, represents, and agrees that in executing this Agreement, it does so with full knowledge of any rights which it has or may have with respect to the acquisition of the Property, and that it has received independent advice with respect to this Agreement. (d) Seller acknowledges that after entering into this Agreement, it may discover different or additional facts concerning~ha.~ubject matter of this Agreement or its understanding ~f those facts. Seller, therefore, expressly assumes the risk of such facts being so different and agrees that this Agreement, shall in all respects, be effective and not subject to rescission, cancellation or termination bY reason of any such additional or different .facts. 18. ASSIGNMENT. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation shall not relieve Buyer of any of its obligations under this Agreement. 19. RISK OF LOSS. Risk of damage, destruction or loss of the Property, prior to the Closing Date shall be borne by Seller. TM/! 1070263 .A43R/9/14/92 -- 15 -- 20. MISCELLANEOUS PROVISIONS. (a) This Agreement may be executed in any number of counterparts which together shall constitute the contract of the parties; (b) The paragraph headings herein contained are for purposes of identification only, and shall not be considered in construing this Agreement. (c) The contract resulting from the execution of this agreement by Buyer and Seller supersedes any and all agreements between Seller and Buyer regarding the Property. all documents dn behalf of Buyer necessary to implement this Agreement. (e) Time is of the essence in this Agreement. "SELLER" DONALD W. COOP AND JENNEAN COOP "BUYER" CITY OF TEMECULA By: By: Donald W. Coop By: Jennean Coop Patricia H. Birdsall Mayor Address of Seller: Post Office Box 1234 Temecula, CA 92593 Address of Buyer: 43174 Business Park Drive Temecula, CA 92590 TM/11070263 .AGR/9/14/g2 -16- APPROVAL AS TO FORM: By: Scott F. Field, City Attorney ATTEST= By: June S. Greek, City Clerk TIll 1070'263 .AG1~9;14;9'2 -- 17 -- Legal Description [to be provided] C:~WPSI~)OCS\i 1070250.AOR Exhibit A RECORDING REQUESTED BY ) City of Ternecula ) WHEN RECORDED MAIL TO ) City of Temecula ) 43174 Business Park Drive ) Temecula, California 92590 ) Arm: June S. Greek, City Clerk ) WITH COPY MAILED TO ) Mr. Donald W. Coop ) Post Office Box 1234 ) Temccula, California 92593 ) Space above this line for recorder's use QUITCLAIM -- RELEASE OF EASEMENT Quitclaim Deed For valuable consideration, receipt of which is hereby acknowledged, DON W. COOP and JENNEAN COOPY do hereby remise, release, and forever quitclaim any interest they may have in that certain real property located in the City of Temecula, Riverside County, California, described as follows: [legal description to be added in escrow] This Quitclaim Deed is given specifically to release the easement [or profit] granted [or reserved] by the certain [name instrument i.e., Grant of Easement] dated , 199 , and recorded on , 199 , in Book , Page , of the Official records of Riverside County, California. Executed on County, California. , 1992, at , Riverside Don W. Coop Jennean Coop C:~W'P~J 1~0(~\11 ~02?9.AGR Exhibit B RECORDING REQUESTED BY ) City of Temecula ) WHEN RECORDED MAIL TO ) City of Temecula ) 43174 Business Park Drive ) Temecula, California 92590 ) Attn: June S. Greek, City Clerk ) WITH COPY MAn,ED TO ) Donald W. Coop ) Post Office Box 1234 ) Temecula, California 92593 ) Space above this line for recorder's use Agreement Re= Aooess This Agreement is made this day of · 1992 by and between Donald W. Coop and Jennean Coop on the one hand· and the City of Temecula on the other hand: WHEREAS, Donald W. Coop and Jennean Coop are the Owners of Parcel Nos. 1, 2 and 3 of Parcel Map 23830 in the City of Temecula, County of Riverside, California, a legal description of which is attached as Exhibit A hereto, and incorporated herein by reference; WHEREAS, there presently exists an easement across Parcel No. 1 for the benefit of Parcel No. 2; WHEREAS, the City of Temecula desires to purchase Parcel No. 1 and eliminate the easement across said parcel; C:XWPSIXlK)CSX110701gO.AOR Exhibit C WHEREAS, the City is desirous that Parcel No. 2 retain access to Jefferson Street; WHEREAS, the Parties hereto have agreed that the City will purchase Parcel No. 1, the easement across Parcel No. i for the benefit of Parcel No. 2 will be eliminated, and that prior to conveying Parcel No. 2 or 3 or any portion thereof, a new easement will be granted across Parcel No. 3 for the benefit of Parcel No. 2; and WHEREAS, the Acquisition Agreement formally documenting the City's acquisition of Parcel No. 1 and these related matters is on file in the City Clerk's office of the City of Temecula; NOW, THEREFORE, in consideration the mutual promises of the Parties hereto, Donald and Jennean Coop hereby declare that Parcel Nos. 2 and 3 of Parcel Map 23830 shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied, subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and each and every person or entity who now or in the future owns any portion or portions of said real property. 1. Prior to the conveyance of Parcel No. 2 or 3 of Parcel Map 23830, or any portion thereof, an easement granting access to Jefferson Street in the City of Temecula shall be recorded across Parcel No. 3 for the benefit of Parcel No. 2. 2. Should any party hereto bring an action against the other for the purpose of enforcing the terms of this Agreement, or for damages arising from its breach, then in such event, the C:',WI~I'~OCS~,I IO?O~80.AO R prevailing party shall be entitled to its reasonable attorneys' fees and costs in addition to any other award entered by the Court. 3. This Agreement shall inure to the benefit of the Parties and to their respective successors, representatives and assigns, and shall be binding upon each of the foregoing. 4. This Agreement shall, in all respects, be interpreted, enforced and governed by and under the laws of the State of California. This Agreement contains the entire agreement and understanding between the Parties concerning the subject matter hereof and supersedes and replaces all prior negotiations, proposed agreements or agreements, whether written or oral. This Agreement may be signed in counterpart. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written. CITY OF TEMECULA By: Patricia H. Birdsall, Mayor ATTEST By: June S. Greek, City Clerk C: ~W'P~ 1 ~}0CS~I 10~0280.AOR APPROVED AS TO FORM By: Scott F. Field, City Attorney Donald W. Coop Jennean Coop C:~WPSI~XM=S\I!070280.AOR DEPARTMENTAL REPORTS APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ,'-7'~.-., TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer September 22, 1992 Public Works Monthly Activity Report (August) RECOMMENDATION: Attached for City Council's review and filing is the Monthly Activity Report for August for the Department of Public Works. pw01 ~egdrpt~92\O922~moectrpt.08 ~ o~ oo o o o o ~ o~ 0 ~c_: ~ a ~ u~ ~mz 0 w ~ w~ o w ~ ~ wm Ow o ~ w ~ ~ x ¢ w ~ ~ ~ m ~ ·mma ~ w 0 0 ~ w ~ 0w o ¢ m z z z m z ~ w w z u ~ m ~ ¢ ~ z o ~ z ~ z~ z z z ~ w~ u w o ~ ~ ~ o o m mw~d APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER .- .~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Director of Planning September 22, 1992 Monthly Report RECOMMENDATION: Receive and File Discussion: The following is a summary of the Planning Department's caseload and project activity for the month of August, 1992: Caseload Activity: The department received applications for 26 administrative cases and 9 public hearing cases. The following is a breakdown of case type for public hearing items: * Change of Zone 1 * Public Use Permit 1 * Extension of Time 7 Onqoino Projects: General Plan: The draft General Plan was completed on July 22, and was made available to interested parties. The Technical Subcommittees completed their review of the draft Plan and have provided comments to Staff and Consultants. The draft Environmental Impact Report was circulated to other agencies and made available for public review and comment on August 25th. The comment period will continue to September 27, 1992. The draft EIR has been sent to the State Office of Planning and Research for its 45 day review period. A public workshop/townhall meeting was held on Monday August 31, 1992 at 7:00 p.m. at the Temecula Public Library. Comments from the Technical Subcommittees and Town hall meeting were forwarded to the Commission and Council members at a joint meeting on September 3, 1992. Old Town Master Plan: Urban Design Studio (UDS) has completed the background report for the Specific Plan and members of the Steering Committee have taken the self-guided walking tour in preparation for the September 9, 1992 Old Town Steering Committee meeting. S~MONTHLY.RPI~1992~SEFT.92 French Valley Airport: The Airport Land Use Commission (ALUC) has issued a revised draft of the Comprehensive Airport Land Use Plan (CLUP) for French Valley Airport. The next Technical Advisory Committee meeting is scheduled for September 10, 1992. Temecula Regional Center Soecific Plan and Environmental Impact Report: This Specific Plan was presented at a Planning Commission Workshop on May 4, 1992. The Commissioners gave direction to applicant and staff. This Specific Plan is scheduled for the September 14th Commission hearing. Winchester Hills and Camoos Verdes Soecific Plan and Environmental Imoact Reoort: These Specific Plans were discussed as a Workshop for the Planning Commissioners May 4, 1992. The Planning Commissioners gave direction to the applicant and staff. The Notice of Completion for the Campos Verdes EIR went to State Clearinghouse July 10, 1992. Both of these Specific Plans are scheduled for the September 14th Commission hearing. Rorioauah Hills Soecific Plan: This Specific Plan has not yet been filed with the Planning Department. The plan proposes to develop 800 acres at an overall density of 3 units per acre and will contain approximately 30 acres of open space, neighborhood commercial and two elementary schools. A pre- application workshop on this Specific Plan was held at the July 6, 1992 Planning Commission meeting. Murdv Ranch Soecific Plan and Environmental Imoact Reoort: This Specific Plan was presented to the Planning Commission at a Workshop on April 6, 1992. The Commission provided Staff and the applicant direction relative to design issues. The applicant has incorporated these changes into the Specific Plan. This Specific Plan is tentatively scheduled for an October Planning Commission meeting. Johnson Ranch Specific Plan: The Johnson Ranch Specific Plan is a mix of residential land uses and a mixed-use "resort village" core area on 1,765 acres located adjacent to Anza Road and Borel Road, north of Rancho California Road. This Specific Plan was submitted in ear. ly March. The Notice of Preparation was submitted to State Clearinghouse on April 17, 1992. A DRC meeting was held for this Specific Plan on May 14, 1992. A subsequent DRC date has not yet been set. vgw $\MONTHLY.RPT~1992~.SEFT.92 2 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL: CITY ATTORNEY FINANCE OFFICER CITY MANAGER T--:-,; City Council/City Manager Anthony Elmo, Chief Building Official September 22, 1992 Building and Safety August Activity Report RECOMMENDATION: Receive and File DISCUSSION: Building permit activity in August experienced a sharp decrease over permit activity for July. Building related permits totaled 142 as compared to 658 in July representing building construction valuation of approximately $1,509,348. There were no new housing starts for the month. The Department collected revenue totaling $15,028. The cleanup of Pujol Public Nuisance has commenced, hazardous material is being removed and the vehicles towed away. Completion is scheduled for September 25, 1992. Installation of the kiosk directional signs is scheduled to be completed by October 1, 1992. The following is an update of projects of special note that staff is currently involved with and/or recently completed: New Construction Percent Completed Advanced Cardiovascular Systems Hungry Hunter Restaurant Spectrum Industrial Park 5 warehouse/office- Diaz Road Creekside Gas & Food Mart South Front Street Rancho California Water District Headquarters Tamura Corporation Danny's Carwash Chili's Restaurant Lyndie Lane Apartments Claim Jumper Restaurant 100% 100% 100% 100% 15% 90% 40% Grading completed 100% T.I. plans submitted This Month DEPArTMENT OF BUILDING A~DSAFETY Monthly Activity Report For: AurFust, 1992 Last Month This Last Last This Fiscal Fiscal Calendar Calandar Year Yr/Date Yr/Date Yr/Date PLANS CMA'CE&u: Residential 11 10 21 9 28 31 Commercial 8 6 14 11 76 66 Indust/Wrehouse 0 0 5 2 3 1 4 1 38 117 22. O0 17. O0 39. O0 21. O0 147. O0 216. O0 65 195 259 225 1161 1039 1,509,348 15,201,746 16,711,096 10,893,375 81,771,093 56,962,415 10,411 89,069 100,683 63,200 389,960 324,747 43 199 242 157 766 845 2,381 13,480 15,861 13,383 66,434 65,731 19 133 I52 114 587 564 1 , 211 19,182 20,393 15,926 70,689 73 , 451 15 131 146 81 476 555 1,025 8,870 10,041 7,929 32,146 36,307 142 658 799 577 2,990 3,003 15,028.00 130,601.00 146,978.00 100,438.00 559,229.00 500,236.00 "' NO. OF NO/UNITS PLAN CHECK PE~4IT TOTAL FEES VALUJ~TION PE~J4ITS FISCAL Ya FEES FEES 0 109 0.00 0 0 0.00 0 0 0.00 0 9 0.00 0 1 0.00 0 0 0.00 7 18 667 890 1,557. O0 78,455 13 18 353 495 848.00 18,750 24 74 876 1,195 2,071 . 00 57,393 7 14 1,105 1,568 2,673. O0 140,748 Others TOTAL: PE~4ITS ISSUED: Value Fees Fees PLUMBING Fees Fees TOTAL PERMITS: TOTAL FEES: THIS MONTHS BLDG PE~4TTS : SINGLE FAMILY DUPn~r MULTI - FAMILY COMMERCIAL RELOCA TE /D EMO SIGNS AL',-a~/ADD TO DWELLING TO C6MME~CIAL BUILDING VALUATION This Fiscal Year to Date: Last Fiscal Year to Date: 14 0 65 17 4,657 6,263 0 260 7,658 10,411 10,920.00 1,214,002 0. O0 18,069 1,509,348 16,711,096 This 10,893,375 Last Calendar Year to Date: 56,962,41. Calendar Year to Date: 81,771,093 Mon: y nspec:ions 16 month report From March 1991 to July 1992 1,200 2OO 0 ! : MAMJ J ASOND J FMAMJ J A 1991 1992 Inspections TEMECULA COMMUNITY SERVICES DISTRICT AGENDA ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD SEPTEMBER 8, 1992 A regular meeting of the Temecula Community Services District was called to order Tuesday, September 8, 1992, 8:10 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California. President Ronald J. Parks presiding. PRESENT: 5 ABSENT: 0 DIRECTORS: Birdsall, Lindemans, Moore, Mu~oz, Parks DIRECTORS: None Also present were City Manager David Dixon, City Attorney Scott Field and City Clerk June Greek· PUBLIC COMMENT None CONSENT CALENDAR It was moved by Director Birdsall, seconded by Director Moore to approve Consent Calendar Item No. 1. The motion carried as follows: AYES: 5 DIRECTORS: NOES: 0 DIRECTORS: Birdsall, Lindemans, Moore, Mu~oz, Parks None Minutes 1.1 Approve the minutes of the meeting of August 11, 1992. 1.2 Approve the minutes of the meeting of August 25, 1992. DISTRICT BUSINESS CSDMINg/8192 NaminQ of Two Mini-oarks Shawn Nelson presented the staff report. It was moved by Director Birdsall, seconded by Director Lindemans to approve staff -1- 9114192 COMMUNITY SERVICES DISTRICT MINUTES recommendation as follows: 2.1 Adopt a resolution entitled: RESOLUTION NO. CSD 92- SEPTEMBER 8, 1992 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NAMING PARKS AND RECREATION FACILITIES 2.2 Approve the names of two mini-parks located within the Village Encore development, south of Rancho California Road and east of Margarita Road. The motion was unanimously approved. GENERAL MANAGERS REPORT City Manager David Dixon provided an update on the TCSD Bond funding. DIRECTOR OF COMMUNITY SERVICES REPORT Shawn Nelson advised of the following: * September 13th Committee Meeting for the Pala Road parksite. * Bid opening on September 17th, for the CRC grading * Presenting the Master Plan of the Loma Linda parksite for September 27th. approval on BOARD OF DIRECTORS REPORTS No reports given. CSDMIN 918192 -2- 9/14/92 COMMUNITY SERVICES DISTRICT MINUTES ADJOURNMENT President Parks declared the meeting adjourned at 8:20 P.M. The next regular meeting of the TCSD will be held Tuesday, September 22, 1992, 8:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California. SEPTEMBER 8,1992 ATTEST: President Ronaid J. Parks Secretary, June S. Greek "" C,SDMIN 918192 -3- 9/14/'92 ITEM 2 APPROVAL ~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER ,~'~-~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER SEPTEMBER 22, 1992 DESIGN SERVICES FOR RIVERTON PARK SITE PREPARED BY: RECOMMENDATION: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR That the Board of Directors: Award contract to the Alhambra Group to provide design services, construction documents, and project administration for the Riverton Park Site. DISCUSSION: The City provided proposals to three landscape architectural firms and requested that a bid be submitted from each firm to provide schematic design, construction documents, and project administration for the Riverton Park Site. The bids were submitted as follows: 1. Alhambra Group $ 14,500 2. Cardoza Dilallo Harrington $ 22,500 3. Wimmer Yamada Associates did not submit bid Staff is recommending that the design contract for the Riverton Park Site be awarded to the Alhambra Group as the lowest qualified bidder. FISCAL IMPACT: Cost to provide the design services for the Riverton Park Site is $14,500. The budget for this project is included for approval in the Capital Improvement Program for FY 1993-97. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this ~)l;h day of Seotember, 1992, between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and THE ALHAMBRA GROUP, a Landsca~)e Architectural Firm, hereinafter referred to as "Consultant ". The parties hereto mutually agree as follows: SERVICES. Consultant shall perform the tasks set forth in Exhibit "A" attached hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit "A". PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. PAYMENT. The City agrees to pay Consultam monthly, at the hourly rates set forth in Exhibit "A" attached hereto, based upon actual time spent on the above tasks. This amount will not exceed $14,500 for the total term of the Agreement unless additional payment is approved by the City Council; orovided that the City Manager may approve additional payments not to exceed ten percent (10%) of the Agreement, but in no event more than $10,000. 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. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon 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. Within thirty-five (35) days after receiving an invoice from the Consultant, the City shall pay Consultant for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. BREACH OF CONTRACT. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. 2/forms/ARG-O4 Rev 1/22/S2 -1 - pwO3\PW92-04\sgmts~mesters\04 012292 If the City Manager or his delegate determines that the Consultant defaults 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 ten (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. TERM. This Agreement shall commence on Seotember 9, 1992, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30. 1993. Any disputes regarding performance, default or other matters in dispute between the City and the Consultam arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et see. City and Consultam shall share the cost of the arbitration equally. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all original documents, designs, drawings and notes 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. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as herein set forth. The 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. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except 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. 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. 2/forms/ARG-04 Rev 1/22/92 -2- PwO3~PW92-O4~,agmte~masters~04 012292 10. 11. 12. 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. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Drive, Temecula , California 92590, and theConsultant at The Alhambra GrouP, 27412 Enterprise Circle West, Suite 200. Temecula. CA 92590, unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be the value to the City of the services rendered. LIABILITY INSURANCE. The Consultant shall maintain insurance acceptable to the City in full force an effect throughout the term of this contract, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Contractor's bid. The Consultant shall provide the following scope and limits of insurance: A. Minimum SCODe Of Insurance. Coverage shall be at least as broad as: Insurance Services Office Form No. GL-0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office Form No. GL-0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" Form No. CG-0001 ). Insurance Services Office Form No. CA-0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto" and Endorsement CA-0025. Workers' Compensation insurance as required by Labor Code of the State of California and Employers' Liability insurance. 4. Errors and Omissions insurance. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: 2/formslARG-04 Rev 1/22192 -3- pwO3%PW92-O4~agmts\masters~04 012292 General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage· Workers' Compensation and Employers' Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance: $1,000,000 per occurrence. Deductibles end Self-Insured Retentions. Any deductible in excess of $1,000 must be declared to and approved by the City. Other Insurance Provisions. Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: All Policies. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice to the City via United States First Class Mail. General Liability and Automobile Liability coverages. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant, or automobiles owned, lease, hired or borrowed by the Consultant· The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Consultant's performance of the work described in this contract, the Consultant'$ insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers· Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Consultant's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers officials, employees or volunteers. The 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. Worker's Compensation and Emolovers' Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its 2/forms/ARG-O4 Rev 1122/92 -4- pwO3~PW92-O4\agmts~rtasters~04 012292 officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. Verification of Coveraae. Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and aiDproved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 13. LICENSES. The Consultant and subconsultant shall obtain all necessary licenses, including but not limited to City Business License. 14. 15. INDEMNIFICATION. The Consultant agrees to indemnify and save harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent performance under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement may be executed in counterparts. 2/forms/ARG-04 Rev 1122/92 -5- pw03%PW92-O4\agmts\masters%04 012292 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONSULTANT CITY OF TEMECULA By: By Print Name and Title Patricia H. Birdsall, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney ATTEST: June S. Greek, City Clerk 2frormelARG-04 Rev 1122/92 -6- pw03\PW92-O4\egmts%masters%04 012292 EXHIBIT "A" TASKS TO BE PERFORMED 21formstARG-04 Rev 1122/92 EXHIBIT "A" pw03\PW92-O4\agmts~masters\04 012292 ',,~ ALHAMBRA GROUP Landscape Architecture lic. #q589 REEMENT BETWEEN OWNER AND LANDSCAPE ARCHITECT lic. #~017 SEPTEMBER 4, 1992 1.00 DESCRIPTION OF SERVICES The Alhambra Group (Landscape Architects) shall provide master plan, construction documents and professional Landscape Architect services required for the landscape development of Riverton Park in Temecula, California described herein: = 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 SCOPE OF WORK Landscape Development Plans for areas shown on exhibit provided by the City of Temecula. Master Plan (Total Park): a. Site Visit and analysis. b. Prepare base sheets @ 1"=20'-0.. scale. c. Meeting with staff as required. d. Conceptual Grading Study. 1 e. Prepare color rendered p an. f. Presentation to Parks & Recreation committee. g. Presentation to City Council. Construction Plans (Phase i only): Location and model number of park amenities including but not limited to; play equipment, drinking fountains, walkways, benches, trash rece tacles, pxcnic tables, ball fields (soccer), and volleybail courts. Construction Details: a. Walkways b. Drinking fountain c. Play area surface d. Court areas (Basketball & Volleyball) Planting Plans (First Phase). Irrigation Plans (First Phase). Planting & Irrigation Details & Specifications- Budget Estimate. Bidding Assistance Coordination with City Staff as required. Enterprise 0ircle West. Suite ;=00. Temecule. CA 9;=590 ['714] STS-0:3;=S I:AX ['~14] 894-1587 2.09 See Items 5.01 and 5.02. 3.00 3.01 3.02 3.03 3.04 3.05 3.06 INFORMATION TO BE PROVIDED BY OTHERS All necessar~ architectural and engineering plans and designs required by the Landscape Architect to complete his work including, but not limited to, the following: Site bardscape layouts and details (roadways, curbs, walls, etc.)- Site grading elevations, slope face locations, and/or existing topography map. Site electrical and utility layouts. Related information to irrigation water supply and points of connection. Landscape related street improvements. Structural details and engineering calculations for any retaining walls and wall footings. 4.00 5.00 5.01 5.02 TIME OF PERFORMANCE The Landscape Architect agrees to commence work immediately upon receipt of the signed contract, The services of the Landscape Architect will be coordinated with the City and undertaken in a sequence to ensure their timely completion. FIELD OBSERVATIONS The Landscape Architect shall provide the following field observations: a. Landscape Mounding. b. Concrete Walk Forms. c. Irrigation Main Line Pressure Test. d. Irrigation Coverage. e. Plant Material Acceptance and Layout. f. Tot Lot Layout. g. Final Walk Thru (Beginning of Maintenance Period) h. 30-Day Walk Thru (Maintenance Progress Report) i. 60-Day Walk Thru (Maintenance Progress Report) j. 90-Day Walk Thru (Final Progress Report) Additional field observations as required. 6.00 PROCESSING AND APPROVAL 6.01 The City or its representative shall be res onsible for the submittal of plans and payment of all landscape related permits, application fees and bonds. 6.02 The landsca e construction documents shall conform to all pertinent City of Temecula C.S.D. landscape codes and requirements- 7.00 7.01 7.02 7.03 7.04 COMPENSATION AND FEE SCHEDULE Compensation for this project shall be $14,500.00 (Fourteen thousand five hundred dollars) and payable as per the following invoice submittals: Completion of Master Plan, ---- $ 3,500.00 Invoiced Monthly per percent of Work completed-- $ 9,250.00 Items 2.07, 2.08 and 2.09- - ..... $ 1,000.00 This proposal is valid for 90 days. Reproduction .... $ 750.00 (including mylars,.vellums, enlargement, reduction, bonds, and hoto copies- City shall run blueprints for contractor ~id sets)- Estimated fee for additional consultants shall be .provided upon further definition of Scope of Work by the City- TOTAL ....... $14,500.00 Suggested additional Consultants: Civil Engineers (Park Drainage and Grading Consulting) Surveyor ITopograPhY and Boundaries) Soils Engineer Electrical Engineer (Park Lighting) TOTAL ....... $14,500.00 The Alhambra Group is pleased to submit this proposal for your consideration- We look forward to the opportunity to work with you on this project. ~~itect #2017 Landscape Architect # 1569 Vincent Di Donato Robert H. VD:RG/rr ITEM NO. 3 APPROVAL FINANCE OFFICER CITY MANAGER ,-~/,, TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT Board of Directors Director of Community Services September 22, 1992 CSD Item No. 3 - Mass Grading Contract for Phase I of the Community Recreation Center (CRC) Project City Clerk June S. Greek BACKGROUND: The staff will finalize a staff report on this item and forward it to you under separate cover. JSG DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON, CITY MANAGER DATE: SEPTEMBER 22, 1992 SUBJECT: DEPARTMENTAL REPORT PREPARED BY: ~ SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR The CRC Project has been divided into two construction phases: 1 ) Mass Grading and 2) Construction of the CRC, Pool, and Amphitheater. Bid opening for the mass grading is scheduled for September 17, 1992. The Board of Directors will consider awarding this contract on the September 22, 1992 meeting. If approved, ground breaking will begin in mid October. Bikeway and No Parking signs have been installed along the Initial Bikeway Route. Most of the striping of the bike lanes for the Initial Bike Way Project have been completed. The remaining portion of Margarita Road should be completed by the end of September. Staff has scheduled the first Project Committee meeting for the Pala Road Park Site on September 15, 1992. The Project Committee consists of Ron Parks and Peg Moore from the Board of Directors; Jeff Nimeshein and Dee Hillin from the Parks and Recreation Commission; and members from the Sports Council. This committee will provide input concerning the design of the Pala Road Park Site. A meeting with the Parks and Recreation Master Plan Committee was held on Thursday, August 13 at City Hall to review and comment on the draft of the Parks and Recreation Master Plan. This committee is comprised of Pat Birdsall and Sal Munoz from the Board of Directors; Jeff Nimeshein from the Parks and Recreation Commission; and Bill Perlett, Barbara Pearson, Lettie Boggs, and Laverne Stafford from the community. As a result of this meeting, important comments were incorporated into the Master Plan. A follow up meeting will be held by this committee the end of September. The Master Plan will then be reviewed by the Parks and Recreation Commission, Planning Commission, and Traffic and Transportation Commission, before final consideration by the Board of Directors. The Parks and Recreation Commission will also be providing staff with input concerning the operations of the new Senior Center and Community Recreation Center. This item will be discussed by the Commission on October 12, 1992 Commission meeting. Practice has already begun for Youth Soccer and Pop Warner. Season is scheduled to begin in September. Staff will be working with the School District and the Sports Council to coordinate the scheduling of these youth sports programs. Staff has also been developing conditions for the Winchester Hills and Campos Verde Specific Plans. Both projects will create an important impact on the community in terms of parks and recreation facilities. Staff is in the process of receiving quotes to install new ballfield fencing on the North and South fields in Sports Park. This is required to improve the safety of the youth and adults that participate on these fields. TEMECULA REDVELOPMENT AGENCY AGENDA ITEM 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA REDEVELOPMENT AGENCY HELD SEPTEMBER 8, 1992 A regular meeting of the City of Temecula Redevelopment Agency was held Tuesday, September 8, 1992, 8:20 P.M., at the Temecula Community Center, 28816 Pujol Street, Temecula, California. C'hairperson Sal Mu~oz presiding. PRESENT: 5 AGENCY MEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks ABSENT: 0 AGENCY MEMBERS: None Also present were City Manager David Dixon, City Attorney Scott Field and City Clerk June Greek. PUBLIC COMMENT None AGENCY BUSINESS 1. Minutes 1.1 1.2 Approve the minutes of August 11, 1992. Approve the minutes of August 25, 1992. It was moved by Agency Member Parks, seconded by Agency Member Lindemans to approve the minutes of August 11, 1992 and August 25, 1992 as mailed. AYES: 5 AGENCY MEMBERS: Birdsall, Lindemans, Moore, Parks, Muf~oz NOES: 0 AGENCY MEMBERS: None Award of Land Survevina Services Contract to Rick Enaineering for Marqarita Road Extension Interim ImDrovement (PW 92-04) Tim Serlet presented the staff report. It was moved by Agency Member Birdsall, seconded by Agency Member Lindemans to approve staff recommendation as follows: RDAMINg/8/92 -I- 9/14/92 REDEVELOPMENT AGENCY MINUTES SEPTEMBER 8, 1992 2.1 2.2 2.3 2.4 Approve the award of a Professional Services Agreement in the amount of $40,000 to Rick Engineering for Land surveying on the Margarita Road Extension Interim Improvements, Project No. PW 92-04, and authorize the Chairperson of the Redevelopment Agency (RDA) and the City Clerk to execute said contract. Advance $40,000 from the General Fund/Revolving Fund to the RDA. Transfer 940,000 from the RDA fund to the Capital Projects Fund and appropriate 940,000 to Account No. 021-165-606-5804. Adopt a resolution entitled: RESOLUTION NO. RDA 92-04 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DECLARING CERTAIN FINDINGS REGARDING CITY EXPENDITURES IN CONNECTION WITH LAND SURVEYING OF THE MARGARITA ROAD EXTENSION INTERIM IMPROVEMENTS AS REQUIRED BY UNITED STATES DEPARTMENT OF THE TREASURY REGULATION (SECTION 1.103-18) The motion was unanimously approved. Award of Contract to Law Crandall Inc. for Geotechnical Services for Maroarita Road Extension Interim Improvement (PW 92-04) Tim Serlet requested this item be continued for two weeks. It was moved by Agency Member Parks, seconded by Agency Member Moore to continue Award of Contract to Law Crandall Inc. for Geotechnical Services for Margarita Road Extension Interim Improvement (PW 92-04) to the meeting of September 22, 1992. The motion was unanimously approved. EXECUTIVE DIRECTOR°S REPORT City Manager David Dixon provided an update on the RDA bond sell. RDAMIN9/8/92 -2- 9/14/92 REDEVELOPMENT AGENCY MINUTES AGENCY MEMBER'S REPORT SEPTEMBER 8, 1992 Chairperson Mu~oz asked when the Committee will be provided with the summary of RDA expenses to date. City Manager David Dixon advised that this report should be available in 2 - 4 weeks. ADJOURNMENT It was moved by Agency Member Moore, seconded by Agency Member Lindemans to adjourn at 9:30 P.M. The next regular meeting will be held September 22, 1992, 8:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California. ATTEST: Chairperson Sal J Mu~oz Agency Secretary, June S. Greek RDAMIN918/92 -3, 9114192 ITEM 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Board, Redevelopment Agency Tim D. Serlet, Director of Public Works/City Engineer September 22, 1992 Award of Professional Services Contract to Law/Crandall Incorporated for Geotechnical Services on the Margarita Road Extension Interim Improvements Project, PW92-04 PREPARED BY: ~PMichael D. Wolff, Senior Public Works Inspector RECOMMENDATION: That the Board: e Approve the award of a Professional Services Agreement in the amount of $6,300.00 to Law/Crandall Incorporated for Geotechnical Services on the Margarita Road Extension Interim Improvements Project PW92-04, and authorize the Chairperson of the Redevelopment Agency (R.D.A.), and the City Clerk to execute said contract. Advance $6,300.00 from the General Fund/Revolving Fund to the R.D.A. Transfer $6,300.00 from R.D.A. funds to Capital Projects Funds and appropriate $6,300.00 to Account No. 021-165-606-5804. Adopt a resolution entitled: RESOLUTION NO. RDA 92- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DECLARING CERTAIN FINDINGS REGARDING CITY EXPENDITURES IN CONNECTION WITH THE GEOTECHNICAL SERVICES FOR THE CONSTRUCTION OF THE MARGARITA ROAD EXTENSION INTERIM IMPROVEMENTS AS REQUIRED BY UNITED STATES DEPARTMENT OF THE TREASURY REGULATION (SECTION 1.103-18) Pw05\egdrPt%92~O922\pw92-04.geo 0914 BACKGROUND: In January, 1992, the Department of Public Works solicited qualifications from interested engineering firms to provide the City with geotechnical soils testing services for various Capital Improvement Projects throughout the year of 1992. Three firms responded to the Request for Qualifications No. 003, and the responses were evaluated by Public Works Staff. The three firms were interviewed end ranked one through three (1-3). All three firms have the necessary qualifications to perform the desired geotechnical testing services for the projects. Thus, the one through three (1-3) ranking was necessary to establish a rotation basis for project award. The ranking is as follows: Leighton and Associates Law/Crandall, Incorporated California Geo Tek, Incorporated A contract with a defined scope of work and a hourly budget not to exceed $6,300.00 has been negotiated. FISCAL IMPACT It is necessary to advance $6,300.00 from General Fund/Revolving Fund to the R.D.A., transfer $6,300.00 from the R.D.A. Fund to Capital Projects Fund, and appropriate $6,300.00 to Account No. 021-165-606-5804. Attachment: Professional Services Agreement pw05\agdrpt\92\O922%pw92-O4.geo 0914 RESOLUTION NO. RDA 92- A RESOLUTION OF THEREDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DECLARING CERTAIN FINDINGS REGARDING CITY EXPENDITURES IN CONNECTION WITH THE GEOTECHNICAL SERVICES N 1.103.-18) WI~S, on January 27, 1992, the United States Department of the Treasury (the "Treasury") issued final regulations (Section 1.103-18) relating to the use of bond proceeds for the reimbursement of expenditures made prior to the date of issuance of bonds (the "Reimbursement Regulations"); and WHEREAS, under the Reimbursement Regulations, in general, if specified requirements are satisfied, the proceeds used for reimbursement are deemed to be spent on the date of reimbursement; and WHEREAS,if such requirements are not satisfied, then proceeds used for reimbursement will remain subject to the rebate, arbitrage and other rules relating to tax-exemption until ultimately spent; and WHEREAS, the Reimbursement Regulations apply to m-exempt obligations issued after March 2, 1992, except that the Reimbursement Regulations do not apply to expenditures before such date if such expenditures were made after September 8, 1989, and if there was objective evidence at the time of the expenditures that the issuer reasonably expected to reimburse the expenditure with bond proceeds; and WHEREAS, the Temecula Redevelopment Agency ("Agency") desires to construct the Margarita Road Extension Interim Improvements from Winchester Road to Solana Way at a total cost of $700,000.00. The Agency further intends to reimburse itself for the cost of Geotechnical Services for the project from the proceeds of Redevelopment Bonds the agency intends to issue ("Obligations"). Agency intends to make expenditures relating to the purchase and development of the property in anticipation of issuance of the obligations collectively referred to as the ("Expenditure"); and WHEREAS, in order to comply with the Reimbursement Regulations, the public interest and convenience require that the agency officially declare its intent that the agency reasonably expects to reimburse the Expenditure with proceeds of the Obligations; NOW THEREFORE, IT IS HEREBY RESOLVED, DETER1VIINED AND DECLARED by the Redevelopment Agency of the City of Temecula as follows: Section 1. The foregoing recitals are true and correct. Section 2. The agency reasonably expects to reimburse the Expenditure with proceeds from the Obligations. The reimbursement of the Expenditure is consistent with the agency's established budgetary and financial circumstances. There are no funds or sources of money of the Agency, or any related person or commonly controlled entity, that have been, or reasonable expected to be, reserved, allocated on a long-ten basis or otherwise set aside to pay costs of the property to be paid or reimbursed out of proceeds of the Certificates. Section 3. This Resolution is a declaration of Agency's official intent under the Reimbursement Regulations. Section 4. The maximum principal mount of the Obligations for which the Expenditure is made is reasonably expected to be $6,300.130 Section 5. The proceeds from the Obligations are to be used for the Project. Section 6. The City Clerk/Agency Secretary shall certify the adoption of this Resolution and thenceforth and thereafter same shall be in full force and effect. PASSFx}, APPROVEr} AND ADOPTED this 8th day of September, 1992. ATTEST: J. Sai Mu~oz, Chairperson June S. Greek, City Clerk/ Redevelopment Agency Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) crry OF TEMECULA ) SS I, June S. Greek, City Clerk/Redevelopment Agency Secretary of the City of Temecula, HEREBY DO CERTIFy' that the foregoing Resolution No. RDA 92-_ was duly adopted at a regular meeting of the Re, development Agency of the City of Temec ula on the day of September, 1992, by the following roll call vote: -- AGENCY MEM~BERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: June S. Greek, City Clerk/ Redevelopment Agency Secretary AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 8th day of September, 1992, between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and LAW/CRANDALL, INC., a California corporation, hereinafter referred to as "Consultant". The parties heret0 mutually agree as follows: SERVICES. Consultant shall perform the tasks set forth in Exhibit "A" attached hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit "A". PERFORMANCE. Consistent with the standard of care set forth herein, Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. PAYMENT. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit "B" attached hereto, based upon actual time spent on the above tasks. This amount will not exceed $6,300 for the total term of the Agreement unless additional'payment is approved by the City Council; provided that the City Manager may approve additional payments not to exceed ten percent (10%) of the Agreement, but in no event more than $10,000. 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. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon this Agreement, or apy 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. Within thirty-five (35) days after receiving an invoice from the Consultant, the City shall pay Consultant for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. BREACH OF CONTRACT. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. 2/formdARG-04 Rev U"Z2/92 - 1 - pw03\pw92.-04%,GEOTECI.[.AGT 082092 If the City Manager or his delegate determines that the Consultant defaults 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 ten (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 Ioeriod 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. TER.._.._M_M. This Agreement shall commence on September 8, 1992, and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 30, 1993. Any disputes regarding performance, default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et see. City and Consultant shall share the cost of the arbitration equally. Upon satisfactory completion of, or in the event of termination, all instruments of service, including original documents, designs, drawings, and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City. In the event such instruments of service are reused without the written consent of the Consultant, the City agrees to indemnify, defend, and hold Consultant harmless from any and all claims or liabilities for injury of loss arising from such unauthorized use. OWNERSHIP OF DOCUMENTS. All documents and reports prepared under the terms of this Agreement shall be delivered to and become the property of the City. Any reuse of such documents by the City shall be at the City's sole and exclusive risk. The City accepts responsibility for any changes made to these documents and for any use other than for that project for which they were intended after final submittal by the Engineer. The City will hold the Engineer harmless for any such use or changes. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as herein set forth. The 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. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall 2/fonn~/ARG-0~ Rev 1/'22~2 -2- I"v03~pw92-~4~,GEOTECH.AGT 0~2092 10. 11. 12. not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City· The City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder· 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. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Drive, Temecula , California 92590, and the Consultant at LawlCrandall, Inc., 10037 Barnes Canyon Road, San Diego, California 92121, unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. ASSIGNMENT. The Consultant shall not assign the performance of.this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement, Consuitant's sole compensation shall be the value to the City of the services rendered. LIABILITY INSURANCE. The Consultant shall maintain insurance acceptable to the City in full force an effect throughout the term of this contract, against, claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Contractor's bid. The Consultant shall provide the following scope and limits of insurance: A. Minimum Scone of Insurance. Coverage shall be at least as broad as: Insurance Services Office form no. GL-0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL-0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG-0001 ). Insurance Services Office form no. CA-0001 (Ed. 1/78) covering Automobile Liability, code I "any auto" and endorsement CA-0025. 2/forms/ARG.O4 Rev 1/22/92 -3- pw03'tpw92-04~GEOTECH.AGT 082092 Workers' Compensation insurance as required by Labor Code of the State of California an Employers' Liability insurance. 4. Errors and Omissions insurance. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: 1. General Liability ~1,000,000 combined single limit per occurrence for bodily injury and property damage. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability: Workers' compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance. $1,000,000 per claim, written on a claims-made basis with a S2,000,000 annual aggregate. Deductibles and Self-Insured Retentions. Any deductible in excess of $1,000 must be declared to and approved by the City. Other Insurance Provisions. Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: All Policies. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City via United States First Class Mail. General Liability and Automobile Liability Coveraaes. The City, its ,officers, officials, employees and volunteers are to be covered as ,nsureds 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, lease, 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. With regard to claims arising from the Consultant's performance of the work described in this contract, the Consuitant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Consuitant's insurance. 2/form~ARG.04 R~v 1/22/9~ Pw03~I~v92'O4~GEOTECiIJ~GT 0820~2 13. 14. 15. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers officials, employees or volunteers. The 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. Worker's Compensation and Employers Liability Coveraae. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. Verification of Coveraae. Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. LICENSES. The Consultant and subconsultant shall obtain all necessary licenses, including but not limited to City Business License. INDEMNIFICATION. The Consultant agrees to indemnify and save harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent performance under the terms of this Agreement, excepting only liability arising out of the active negligence of the City. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. 2fformdARrJ-04 R~ 1/22/~2 '5- pw03',pw92-04~GEOTECH.AGT 0~2092 In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONSULTANT LAW\CRANDALL, INC. CITY OF TEMECULA By: Print Name and Title By Patricia H. Birdsall, Mayor APPROVED AS TO FORM: Scott f. Field, City Attorney ATTEST: June S. Greek, City Clerk ~Jfoem~tARG-04 R~t lr~J92 '6- Pw03XPw92-04~GEOTECH.AGT 082092 EXHIBIT "A" TASKS TO BE PERFORMED ~/fom~/Alt. G-04 ~c,,, 1~ EXHIBIT "A" p,m~p,,~..~aF, o'r~c~.Ae'r o~2o92 L~i.W/~_AI]'j, I1~C. ,~ geotechnical, environmental & construction materials consultants 100137 Barnes Canyon Road. Suite A, San Diego, California 92121, Phone (619) 458-9379, Fax (619) 45843541 Los Angeles · Ariahelm · Los Alamitos · Marina del Rey · Riverside · San Diego July 17. 1992 Mr. Michael D. Wolff Senior Public Works Inspector City of Tcmecula Department of Public Works 43174 Business Park Drive Tcmecula, Cali/brnia 92590 Dear Mr. Wolff: Pnqmsal - Geolechnicai Ol~servation and Testing Services PRO.IE~ NO. PW 92-04 Mapg:H'it:~ Road Extension and Interim Improvements Temecu la. Ca li ~, rn ia As you requested. we are pleased to present this proposal to provide geotechnical observation and testing services for the subject project. We have reviewed the project plans and specifications to become familiar with the proposed construction and requirements. Based on our review. the project will consist of excavation and grading for the extension of Margarita Road between Winchester Road and Solana Way. Also included is the installation of 24-. 30-, and 60-inch RCP storm drains. Part of the roadway extension will involve asphalt concrete overlay. Based on our discussions with you, the project duration is to be 75 days. Our scope of services tbr this project will include periodic observation of the excavation and grading. density testing of the compacted tills and laborator'), testing of roadway materials. Our services will be on an as-requested basis under City of Temecula coordination. A breakdown of our estimated fees is presented below: Gradin-_. Observation and Field Testing ............................... S5,700 Services for this phase will include periodic observation and testing by our field technician. Density tests will be performed on the subgrade and base course in roadway and sidewalk areas. and in storm drain trench backfill using sand cone (ASTM Designation D1556-82) or nuclear (ASTM D2922-81) test methods. We estimate 90 man-hours may be necessary for the 75-day construction schedule. - Laboratory Testing ................................................ 600 Our laborator), testing ,.rill include two R-values, one sieve analysis. one sand equivalent, and one durability index. ' Total Estimate $6.300 City of Tcmccula Page 2 July 15'. 1992 The estimated fcc is a not-to-exceed figure based on the indicated man hours and laboratory testing. If we arc rcquestcd tbr more hours than estimated. additional time `.rill be necessary and ,.viII be billed on a time-and-expense basis in accordance with the rates given in the attached Schedule of Charges for Inspection Services. Our fee includes a surcharge of 15 percent on all field testing and observation, wi~ich covers field supervision. administration, and report preparation. No additional charges will be made tier travel to the site. Our arca of expertise does not include construction safety. Accordingly, our services will not include review of. nor responsibility for, construction safety during the course of this project. We can also provide construction materials testing and inspection as necessary, such as for concrete structures. Our field technicians are ACI certified and can prepare concrete samples. For estimating purposes, a charge of $13 per cylinder break would be added to the above charges. The terms contained in our "Agreement for Professional Services" dated April 20. 1992 for the current PW92-01 project remain applicable for this project. This letter and its attachments are the agreement for our services. Please confirm your authorization of this work by signing and returning one copy to our office. We appreciate the opportunity to work with you on this project. Please call us if you have any questions. Sincerely, LAW/CRANDALL INC. Robert A. Tortes, RCE 43077 Project Engineer John R. Theissen. GE 825 Chief Engineer Manager. Geotechnical Engineering GP/RAT:hc Attachmenu (2) (3 copies submitted) Annroved and Accented By Title Date I.,AW/CRANDAI.T., INC. · geotechnical. em'iromnental & construction materials consultants 1003' Barnes Canyon Ro;td. Suite A. San Diego C:difornia 92121. Phone {619~ 4~,q-93'9. Fax ~619~ ~,~-0~i Angeles A Anaheinl · Los .Mamitos · Marina del Rev A Riverside A San D~gt~ CO~I~ON$ OF $ER~CE The following conditions are applicable to our inspection services in addition to any stated in our proposal: A minimum of one working day's notice shall be given us prior to the need for our services. Our dispatcher should be contacted at (619) 458- 9379. "Inspection" by our firm on this project shall be defined as the testing of samples from random locations and the making of visual observations relating to earthwork and/or construction materials upon timely notification, and shall be limited to those services. The work will be performed using that degree of care and skill ordinarily exercised, under similar circumstances, by reputable geotechnical and construction materials consultants practicing in this or similar localities. The presence of our field representative will be for the purpose of providing the owner with a soume of professional service, based on observations and testing of the contractor's work. He will primarily look for general conformsnee to the intent of the plans and specifications. Any discrepancy noted will be referred to the owner's representative, architect, structural engineer, or contractor for appropriate action. Observation and testing of earthwork or construction materials does not imply a guarantee or warranty of the contractor's work, and the services performed by our firm shall not excuse the contractor in the event of subsequently discovered defects in his work. Our presence or absenci-at the site shall not affect the contractor's obligation to perform in accordance with the specifications. Our services do not include responsibility for the superintendence of construction processes, or direction of the actual work of the contractor or the contractor's worlmaen. Also, since surveying is not within our scope of services, we are not responsible for the lateral limits of grading, the depths of excavations, or the final surface contours and configurations indicated by markers, such as stakes and hubs, set by others. It should be understood that we are not responsible for, nor are we to review adequacy of, job safety on this project. The responsibility for job safety must be borne by the contractor, or specially designated safety personnel. Janua~1992 EXHIBIT "B" PAYMENT SCHEDULE ~Jrormd^~e-O~ t~=,, irrJJ~Z EXHIBIT "B" p,OS~FwrZ-O4~6EOTSCH.AGT os2orz LA.W/CRAND~T.T*, INC. · geotechnic'a.l. environmental & construction materizfis const, it:mrs 1003' Barnes Canyon R<md. Suite A. San Diego. California 92121. Pl'~orle 1619} -4'~S-93'9. Fax 1619~ -i.:,,q-i)~-~l Los Angele.', · Anaheim · Los Akunitos · .Marraze del Rev · Riverside · Sun Di~gc> SCHEDULE OF CHARGES FOR GEOTECHNICAL INSPECTION SERVICES The fee for our services wfil be based on the char~s listed below. All fee quotations are applicable for a period of 90 days from the date of the proposal to which this schedule is attached. We reserve the right to modify these rates upon 30 days advance notice. PERSONNEL Son Technician - Regular time .......................... $ 55 per hour Overtime as Required ................................ $ 65 per hour For preparation of a final report and for provision of field supervision and office and field administration, a 1~% surcharge will be applied on the monthly invoices for the total soll technician fees charged to the project. These charges include field testing related to our inspection services, such as field density and compaction testing, and/or the observation of tie-back anchor testing. In addition, these charges include the us~ of a truck and field testing equipment, except for nuclear testing devices which will be charged at I;50 per day, or any pan thereof. Overtime will apply to time in excess of eight hours per weekday and all time on Saturdays, Stmday~ and holidays. A minimum daily charge of three hours w~l be made. The minimum total charge for any one project will be $1,000. The services of an engineer and/or geologist, or special field or laboratory testing, if required in the interest of the project, w,ql be invoiced in accordance with the rates on our Schedule of Charges for Geotechnical Engineering Services on the reverse hereof. Services that will require specially trained pe~onnel. because of the presence of hazardous material, as defined by the Hazardous Waste Operations and E. mergency Response Act, 29C..FR 1910.120, will be surcharged an additional 5% of the above hourly rates. Travel time w~l not be charged for jobs within 50 m,'les of our nearest office. Travel and/or subsistence expenses for soil technician services for projects in excess of 50 miles from our nearest office will be negotiated on an individual basis. REI'gBURSA.BLE ITEMS Outside services performed by others and direct ex'pens~ incurred on the client's behalf am charged at 1.1~ times our con. Such items include, but am not limited to, outside consultants and testing laboratories if necessary and pre-approved bv the client. - INSURANCE hw/Crandall. Inc., maine=i,, General Liability Insurance for bod,qy injur}, and property damage with an aggregate limit of $1,000,000 per occurrence for i~s own account and will furnish ceniljcates of such insurance upon request. In the event the client desires additional ~overage, we wfil, upon the clieut's wrineu request, obtain additioual insurance at the client's expense. ,r~v.a,a~ 19')2 ITEM NO. 3 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER ,~:~ TO: FROM: DATE: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Mary Jane Henry, Finance Officer September 22, 1992 SUBJECT: Redevelopment Agency Sources and Uses of Funds RECOMMENDATION: That the Agency Members review and consider approval of the use of Redevelopment Agency (RDA) bond proceeds. DISCUSSION: The attached statement reflects the use of RDA fund balance and bond proceeds as contained in the FY 92-93 Capital Improvement Program. Approval of this item will facilitate the preparation of the Official Statement for the RDA bonds. Temecula Redevelopment Agency Capital Projects Funding Fiscal Year 1992-93 Sources Fund Balance, July 1, 1992 (net) Bond Proceeds Unbonded Increment (net) Uses: Administration Auto Mall Marque First Street Bridge Museum Northwest Sports Complex Old Town Demonstration Block Old Town Specific Plan Overland Overcrossing Sam Hicks Park Santiago/I-15 Study Senior Citizen Center Sixth Street Parking Low Interest Loans Economic Incentives Total Uses Sources over Uses Fund Balance $ 4,390,821 4,390,821 280,000 300,000 95,000 312,360 1,000,000 525,000 2,512,360 1,878,461 $ Bond Proceeds $ 12,800,000 12,800,000 1,000,000 5,800,000 250,000 4,000,000 750,000 25,000 925,000 12,750,000 50,000 Tax Increment $ 96,510 96,51 0 75,000 (1) (1) 75,OOO $ 21,510 Total 4,390,821 12,800,000 96,510 17,287,331 75,000 280,000 1,000,000 300,000 5,800,000 250,000 95,000 4,000,000 750,000 25,000 312,360 925,000 1,000,000 525,000 15,337,360 1,949,971