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HomeMy WebLinkAbout030502 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to padicipate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title III AGENDA TEMECULA CITY COUNCIL AN ADJOURNED REGULAR MEETING CITY COUNCIL'CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 5, 2002 - 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 11:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 11:00 P.M. 5:30 P.M. - ClOsed SeSSiOn of the City COunCil/Redevelopment Agency pursuant to Government Code Sections: Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property acquisition negotiations of property located at McCabe Court west of Madison Avenue (APN 910-262-007). Under negotiation is the price and terms of the real property interests. The negotiating parties are the City of Temecula and Mr. Coleman. City negotiators are Shawn Nelson, Jim O'Grady, Bill Hughes, and the designated County Right-of-Way Agent. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property acquisition negotiations of property located west of Madison Avenue and south of Date Street in the City of Murrieta (a portion of APN 910-262-004). Under negotiation is the price and terms of the real property interests. The negotiating parties are the City of Temecula and Mr. Joseph Harold. City negotiators are Shawn Nelson, Jim O'Grady, Bill Hughes, and the designated County Right-of-Way Agent. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City. The following case will 'be discussed: 1) Santiago Estates v. City of Temecula. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property negotiations of property located at the northwest corner of Highway 79 South and La Paz Road.. Under negotiation is the price and terms of the real property interests. The negotiating parties are the City of Temecula/Redevelopment Agency and Rancho Meadows Homeowners Association. City negotiators are Shawn Nelson, Jim O'Grady, and John Meyer. R:~Agenda\030502 1 5. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.8 regarding real property acquisition negotiations of property located at the south side of Sixth Street at Felix Valdez (APN No. 922-053-024). Under negotiation is the price and terms of the real property interests. The negotiating parties are the City of Temecula/Redevelopment Agency and Mr. Ng. City negotiators are Shawn Nelson, Jim O'Grady, and John Meyer. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Next in Order: Ordinance: No. 2002-02 Resolution: No. 2002-22 Mayor Ron Roberts Natalie & Tiffany Vita Pastor Ron Alsobrooks of New Covenant Fellowship Center Cub Scout Pack No. 148 Comerchero, Naggar, Pratt, Stone, Roberts PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Joshua Bennett-Snow for achievincl Eaqle Scout Rank National Junior Olympics Recoqnition PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. R:~Agenda\030502 2 R:~Agenda\03~)502 CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. I Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of January 22, 2002; 2.2 Approve the minutes of January 29, 2002. 3 Resolution Approvincl List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 02-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of January 31, 2002 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of January 3I, 2002. 5 Completion and Acceptance of Construction Contract for the City Maintenance Facility Modifications - Phase III - Proiect No. PW00-16 RECOMMENDATION: 5.1 Accept the City Maintenance Facility Modifications Project - Phase III - Project No. PW00-16 as complete; 5.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 3 5.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. Completion and Acceptance of Construction Contract for the FY2000-2001 Slum/Seal Proqram - Proiect No. PW01-07 RECOMMENDATION: 6.1 Accept the FY2000-2001 Slurry Seal Program Project- Project No. PW01-07 as complete; 6.2 File a Notice of Completion, release the Performance Bond, and accept a 12-month Maintenance Bond in the amount of 10% of the contract; 6.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 8 Approval of the Conservation Easement for the Low-Flow Crossin~ at Via Montezuma, Proiect No. PW99-15 RECOMMENDATION: 7.1 Approve the Conservation Easement for the mitigation of the Low-Flow Crossing at Via Montezuma, Project No. PW99-15, and authorize the City Clerk to record the Conservation Easement with the County of Riverside Recorder's Office. Starliqht Ridc~e Southern Cross Sidewalk Proiect RECOMMENDATION: 8.1 Approve a transfer of Capital Reserves in the amount of $12,947.00 to the Starlight Ridge Southern Cross Road Sidewalk Improvement Project from other unused project funds. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND TEMECULA PUBLIC FINANCING AUTHORITY R:~Agenda\030502 4 TEMECULA COMMUNI~ SERVICES DISTRICT MEETING CALL TO ORDER: President Jeff Stone ROLL CALL: DIRECTORS: PUBLIC COMMENTS Next in Order: Ordinance: No. CSD 2002-01 Resolution: No. CSD 2002-02 Comerchero, Naggar, Pratt, Roberts, Stone A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state vour name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of February 26, 2002. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, March 26, 2002, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\030502 5 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL AGENCY MEMBERS: PUBLIC COMMENTS Next in Order: Ordinance: No. RDA 2002-01 Resolution: No. RDA 2002-04 Naggar, Pratt, Stone, Roberts, Comerchero A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state vour name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of February 26, 2002. 2 FY 2001-02 Mid-Year Budqet Adiustments RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 2002- A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY AMENDING THE FISCAL YEAR 200'1-02 ANNUAL OPERATING BUDGET R:~Agenda\030502 6 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, March 26, 2002, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\030502 7 Next in Order: Ordinance: No. TPFA 2002~01 Resolution: No. TPFA 2002-02 CALL TO ORDER: Chairperson Ron Roberts ROLL CALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and flied with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of February 26, 2002. PUBLIC HEARING Any person may submit written comments to the Temecula Public Financing Authority before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. R:~Agenda\030502 8 2 Community Facilities District No. 01-02 (Harveston) RECOMMENDATION: 2.1 Continue the public hearing to the meeting of March 26, 2002. EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, March 26, 2002, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\030502 9 RECONVENE TEMECULA CITY COUNCIL MEETING PUBLIC HEARING 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 the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 9 Community Facilities District No. 01-02 (Harveston) RECOMMENDATION: 9.1 Continue the public hearing to the meeting of March 26, 2002. COUNCIL BUSINESS 10 Pala Road Fundinq Aqreement RECOMMENDATION: 10.1 Approve an Agreement between the City and the Pechanga Band of Luiseno Indians for purposes of funding the Interim Improvements to Pala Road and authorize the Mayor to execute the Agreement; 10.2 Adopt a resolution entitled: RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA BAND OF LUISENO INDIANS, FEDERALLY RECOGNIZED AS THE PECHANGA BAND OF LUISENO INDIANS FOR THE PECHANGA RESERVATION, FOR THE FUNDING OF INTERIM IMPROVEMENTS TO PALA ROAD CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, March 26, 2002, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~genda\030502 10 ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JANUARY 22, 2002 After the Closed Session that convened at 6:00 P.M., the City Council convened in Open Session at 7:01 P.M., on Tuesday, January 22, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Stone Absent: Councilmember: Robeds Due to Mayor Roberts' attendance at the Annual Conference of Mayors, Mayor Pro Tem Stone informed the public that Mayor Roberts would not be in attendance of this meeting. PRELUDE MUSIC The prelude music was provided by James Michael Johnston. INVOCATION The invocation was given by Pastor Ron Bolt of People's Church of the Valley. ALLEGIANCE The salute to the Flag was led by Cub Scout Pack No. 318. PRESENTATIONS/PROCLAMATIONS Presentation of the new Rape Crisis Center at Rancho Sprinqs Medical Center This particular presentation was continued to the meeting of February 12, 2002. Special Presentation by Jeffrey Bennett and Jan Rudman, City Councilmembers of the City of Corona, re~ardinq Fiscal Issues of Concern to Cities Commenting on the increasing growth in the County and its continuing impacts on the cities as it relates to services and quality of life, both Mayor Pro Tem Rudman and Councilman Bennett (City of Corona) informed the City of action taken by the City Council of the City of Corona to authorize the completion of a feasibility study to determine the City of Corona's intent to form a new County; also addressed were legal steps necessary to form a new County. Councilman Comerchero expressed concern with regard to additional unfunded State mandates. Councilman Naggar recommended that the support of this action be agendized to a future City Council meeting. City Manager Nelson advised that the matter has as well been agendized for an upcoming Western Riverside County Council of Government meeting. R:\Minutes\010802 1 PUBLIC COMMENTS No comments. CITY COUNCIL REPORTS A. Councilman Naggar commended the first graduation Community Action Patrol (C.A.P.) class, advising that this group will be assisting the Police Department. B. Councilman Pratt requested that the City address the State's water supply issue. C. Advising of upcoming Riverside Transit Authority (RTA) route changes, Councilman Comerchero noted that two additional buses are as well being added to these routes; stated that the primary need is for express service on Interstate 15; and informed the public of an upcoming RTA Workshop on Thursday, February 21, 2002, at 6:00 P.M., noting it would be televised on Channel 28. Having observed added police enforcement at most intersections, Mr. Comerchero noted that the additional enforcement is working but stated that this is an issue the City needs to continue to address. D. Mayor Pro Tern Stone thanked Councilman Comerchero for his efforts on the RTA and concurred on the need for transportation linkage between the City of Temecula, Corona, and San Diego. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1,1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Approval of Minutes RECOMMENDATION: 2,1 Approve the minutes of December 11, 2001; 2.2 Approve the minutes of December 17, 2001. 3 Resolution Approvinq List of Demands RECOMMENDATION: 3,1 Adopt a resolution entitled: RESOLUTION NO. 02-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\Minutes\010802 4 Community Development Block Grant Application Proposals for FY 2002-03 RECOMMENDATION: 4.1 Approve the Community Development Block Grant (CDBG) funding recommendation from the Finance Committee and staff. 4.2 Authorize the Director of Finance to execute Sub-Recipient Agreements and to reprogram CDBG funds from completed projects in accordance with the current budget resolution for general administration of the Fiscal Year 2002-03 Community Development Block Grant Funds. 5 Purchase of one Fire Department Rescue Squad Vehicle RECOMMENDATION: 5.1 Authorize the City Manager to submit the request for six additional fire personnel to the County Department of Fire for staffing the second medic squad beginning July 1, 2002; 5.2 Approve the purchase of one 2002 Ford 550 Cab and Chassis from Rancho Ford Lincoln Mercury in the amount of $35,831.00; 5.3 Approve the purchase of the Rescue Squad Vehicle Apparatus from KME in the amount of $67,437.00; 5.4 Authorize a budget transfer from the Fire Operating Budget to the Vehicle Internal Service Fund for $103,268.00. 6 2002 Workers Compensation Coveraqe Annual Renewal RECOMMENDATION: 6.1 Select State Compensation Insurance Fund as the City's Employee Workers Compensation Insurance, for Plan Year 2002. It was noted, for Councilman Comerchero, that although local firms were reviewed, the recommended firm ranked first. 7 Street Name Chanqe from Saric Court to Mountain View RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 02-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE STREET NAME FROM SARIC COURT TO MOUNTAIN VIEW R:\Minutes\010802 3 8 Needs Assessment for Library Bond Act RECOMMENDATION: 8.1 Award a contract in the amount of $34,500.00 to Godbe Research & Analysis (GRA) for conducting a public opinion needs assessment for receiving Proposition No. 14 funds; 8.2 Authorize the City Manager to approve change orders not to exceed $3,450.00 which is equal to 10% of the contract amount. 9 Department of Parks and Recreation Riparian and Riverine Habitat Proqram RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO, 02-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE RIPARIAN AND RIVERINE HABITAT GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 10 Resolution of Suppod- Proposition No. 42- Transpodation Conqestion rmprovement Act RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 02-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING PROPOSITION NO. 42 - TRANSPORTATION CONGESTION IMPROVEMENT ACT 11 Aqreement for Consultinq Services between the City of Temecula and Sandra Massa-Lavitt RECOMMENDATION: 11.1 Approve the contract with Sandra Massa-Lavitt for consulting services for $25,000 for a total contract amount of $50,000 for the fiscal year 2001-02. 12 Proposed Amendment to RDA Pass-Throuqh Aclreement RECOMMENDATION: 12.1 Adopt a resolution entitled: R:\Minutes\010802 4 RESOLUTION NO. 02-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AMENDED AND RESTATED AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE, THE REDEVELOPMENT AGENCY OF THE COUNTY OF RIVERSIDE, THE CITY OF TEMECULA AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR REIMBURSEMENT AND DISTRIBUTION OF TAX INCREMENT FUNDS FROM THE TEMECULA REDEVELOPMENT PROJECT" 13 Maintenance Bond Dosted by Vulcan Materials Company -Western Division - as security for asphalt concrete pavement for the First Street Extension Proiect - PW95-08 RECOMMENDATION: 13.1 Accept the Maintenance Bond as security for the asphalt concrete pavement placed for the First Street Extension Project - PW95-08. 14 Substitute Aqreements and Bonds for Public Improvements in Tract Map No. 23143-7 (located east of Butterfield Staqe Road and Crowne Hill Drive, south of Pauba Road, and north of Old Kent Road) RECOMMENDATION: 14.1 Accept the substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-7; 14.2 Accept the substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-7; 14.3 Acknowledge that original bonds collected by the original subdivider will be released once transfer of title ownership to the new subdivider is complete; 14.4 Direct the City Clerk to so advise the developer and surety. (Continued off calendar.) 15 Substitute Aqreements and Bonds for Public Improvements in Tract Map No. 23143-9 (located ease of Butterfield Stacle Road, south of Royal Crest Place, and west of Crowne Hill Drive) RECOMMENDATION: 15.1 Accept the substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor and Materials Bonds as security for improvements and labor and materials for Tract Map No. 23143-9; R:\Minutes\010802 5 15.2 Accept the substitute Subdivision Monument Agreement and Subdivision Monument Bond as security for monumentation for Tract Map No. 23143-9; 15.3 Acknowledge that original bonds collected by the original subdivider will be released once transfer of title ownership to the new subdivider is complete; 15.4 Direct the City Clerk to so advise the developer and surety. (Continued off calendar.) 16 Completion and Acceptance for Pavement Manaclement System (FY2000-2001) - Proiect No. PW00-30 RECOMMENDATION: 16.1 Accept the Pavement Management System (FY2000-2001) - Project No. PWO0-30 - as complete; 16.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 16.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 17 Completion and Acceptance for the Vail Ranch Interim Fire Station (Gradinq & Pavinq) - Proiect No. PW01-21 RECOMMENDATION: 17.1 Accept the Vail Ranch Interim Fire Station (Grading & Paving) - Project No. PW01- 21 - as complete; 17.2 File a Notice of Completion, release the Performance Bond; 17.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 18 Second Readinq of Ordinance No. 02-01 (Paloma Del Sol Specific Plan) RECOMMENDATION: 18.1 Adopt an ordinance entitled: ORDINANCE NO. 02-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDED ZONING STANDARDS FOR THE PALOMA DEL SOL SPECIFIC PLAN AMENDMENT NO. 8 R:\Minutes\010802 6 MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. I - 13 and 16 - 18 (Item Nos. 14 and 15 were continued off calendar). The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Mayor Roberts who was absent and Mayor Pro Tem Stone who voted n_9o on Item No. 18 and abstained with regard to Item No. 12. At 7:39 P. M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency and after a short recess, resumed at 8:44 P.M. with regularly scheduled City Council business. COUNCIL BUSINESS 19 Reschedulinq of March 12, 2002, Citv Council Meetinq RECOMMENDATION: 19.1 Direct the City CI,erk to reschedule the regular City Council Meeting of March 12, 2002, to March 5, 2002, and to perform the appropriate postings and noticing requirements of the Government Code. City Manager Nelson briefly reviewed the recommendation (of record). MOTION: Councilman Comerchero moved to approve the staff recommendation. The motion was seconded by Councilman Naggar and voice vote reflected approval with the exception of Mayor Roberts who was absent. 20 Community Service Fundinq Proqram RECOMMENDATION: 20.1 Approve the 2001-02 Community Service Funding Program grants per the table outlining the Committee's recommendations of 43 organizations, totaling $125,500.00. Finance Director Roberts reviewed the staff report (of record), outlining the Committee's funding recommendations. Realizing that the application was received late which should be addressed with Temecula Valley Pony/Colt League, Councilman Comerchero requested that for the benefit of the children, that $2,000 be allocated to this organization. No Council objection was noted. MOTION: Councilman Comerchero moved to approve the staff recommendation with the additional funding of $2,000 to the Temecula Valley/Pony League. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with the exception of Mayor Roberts who was absent and Mayor Pro Tem Stone who abstained with regard to No. 52 (Vineyard of the New Wine). R:\Minutes\010802 7 CITY MANAGER'S REPORT City Manager Nelson thanked the Board of Supervisors for its support with the RDA Pass- Through Agreement and as well commended Finance Director Roberts, Housing and Redevelopment Director Meyer, and City Attorney Thorson for their associated efforts. With regard to the request from the City of Corona, Mr. Nelson noted that the matter would be agendized for the February 26, 2002, City Council meeting. CITY ATTORNEY'S REPORT Assistant City Attorney Curley advised that with regard to Closed Session, there was no reportable action with regard to Item No. 1. With regard to Item No. 2 (Eddie Roy Elder vs. City of Temecula), City Manager Nelson advised that the City Council voted 3-0 to provide a defense for Mayor Pro Tem Stone in the Eddie Roy Elder vs. City of Temecula litigation. ADJOURNMENT At 8:54 P.M., the City Council meeting was formally adjourned to Tuesday, January 29, 2002, at 5:30 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, for the purpose of a RCIP Workshop and at 7:00 P.M. for the purpose of a joint City Council/Planning Workshop. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\010802 8 MINUTES OF AN ADJOURNED REGULAR JOINT CITY COUNCIL/PLANNING COMMISSION WORKSHOP JANUARY 29, 2002 CALL TO ORDER The City Council and Planning Commission convened in an adjourned regular joint workshop at 7:00 P.M., on Tuesday, January 29, 2002, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Councilmembers: Planning Commissioners: Absent: Planning Commissioner: ALLEGIANCE The audience was led in the Flag salute by Councilman Comerchero. PUBLIC COMMENTS No comments. CITY COUNCIL/PLANNING COMMISSION REPORTS No comments. CITY COUNCIL/COMMISSION BUSINESS 1 General Plan Update RECOMMENDATION: Comerchero, Naggar, Pratt, Stone, and Roberts Mathewson, Olhasso, Telesio, and Chiniaeff Guerriero 1.1 Receive and file the information and provide direction as appropriate. Providing a brief overview of the staff report (of record), Deputy City Manager Thornhill advised that the current process of updating the General Plan would be the first update since the General Plan was adopted in 1993; and introduced Mr. John Bridges, from Cotton/Bridges/Associates, who would present information regarding the updating procedure. Via overheads, Mr. Bridqes presented the followincl data reqardinq the General Plan, and the updatinq process: Defined a General Plan as a long-range document that guides growth and development in a City or County, which was required per State Law; Specified the ten elements of the City's General Plan, some of which were required by law; Relayed the implementation program, which consists of daily activities, which work toward achieving the goals and policies of the General Plan; R:\Minutes\012902 1 Noted the importance of managing and proactively planning for expected growth, advising that established goals, policies, and programs will guide that growth and development over the next 10-20 years; · Specified the process of updating the General Plan, which was an approximate 14-month process, inclusive of community participation; Relayed the exploration of options for the Land Use, Housing, and Circulation elements, specifically noting the efforts aimed towards improving transportation; Advised that an EIR would be prepared in association with the General Plan Update. Elaborated on the tentative schedule for this particular update, noting the various tasks to be completed, and the meeting schedule (4-Joint City Council/Planning Commission Meetings, 3-Community Workshops, 5-Citizens Advisory Meetings); · For informational purposes, noted that via the City's website, information would be able to be attained regarding this evolving updated General Plan document during this process; Relayed that each Councilmember and Planning Commissioner had received a notebook for the purpose of keeping all the General Plan update information together, requesting that Councilmembers and Planning Commissioners write any comments regarding the documents in the space provided, advising that feedback would be extremely helpful in the early stages of the program; and · Read the Preliminary Draft Vision for the Future (per agenda material), noting the process of developing this document, which involved obtaining aid from the Community Advisory Committee (CAC) regarding priorities; and requested input with respect to the vision statement, which could be provided either tonight or via notes forwarded at a future point. In response to the readinq of the Draft Vision Statement, the Commissioners and Councilmembers offered the following comments: Chairman Chiniaeff queried the inclusion of language, which stated promoting agricultural industries, noting that preserving a large amount of agriculture land within the City boundaries would be difficult. With respect to Village Centers, Chairman Chiniaeff relayed that although this concept had been implemented in the original General Plan, it was his opinion that this was a goal, which had not been truly realized. Regarding the phrase the local circulation meets the needs of Temecula residents, Councilman Pratt expressed his disagreement with this statement, while opining that there were avenues that had not been utilized which could address this issue more effectively. Providing clarification, Commissioner Mathewson noted that although this document was a compilation of the Vision Principles that were prioritized at the Community Advisory Committee (CAC), that the CAC had not had an opportunity to review this document in this form, advising that he had similar concerns regarding agriculture and the Village Center as has been expressed. Mayor Pro Tern Stone recommended that there be a stronger emphasis on recreational facilities and programs developed to attract all age groups within the City of Temecula. With respect to the reference to higher education, Commissioner Olhasso advised that attracting higher education to this community would require an aggressive pursuit; relayed that she noticed the omission of a reference to the relationship of the City with the surrounding region, and/or Temecula's significant role in the State of California; and due to the importance of economic factors, recommended that there be a strong economist working with the development of the revised General Plan. In response, Mr. Bridges noted that Mr. Stan Hoffman was the economist working with the consultants on this document. Councilman Naggar recommended that there be a stronger emphasis on job creation, advising that in 2020 the goal should be for the City of Temecula to be a place where one R:\Minutes\012902 2 can live, work, go to school, and play; specifically recommended that there be additional emphasis regarding the trails system, and open space; and concurred with Commissioner OIhasso with respect to the importance of a quality higher education facility. Councilman Comerchero relayed a desire for the concept of Culture and Cultural Arts to be elevated, specifically recommending that there be mention of an aim towards expansion of museums, and art in public places. Commenting with regard to the economic impetus of the City, Mayor Pro Tem Stone noted the importance of developing the necessary infrastructure network in order to attract high end industries; and advised that another vital element impacting the economics of the City would be air transportation (i.e., the French Valley Airport, and the future public use of March Air Force Base.) Chairman Chiniaeff recommended that there be an emphasis on the creation of jobs, specifically with respect to the process of acquiring new businesses. Concurring with Commissioner Olhasso's comments, Councilman Comerchero recommended that the elements that business Iocators are seeking be identified (not necessarily in the vision statement) in order to ensure that these particular elements are being addressed in the City. For Mayor Roberts, Mr. Bridges advised that while the 2nd Joint City Council/Planning Commission meeting should be scheduled as soon as possible, that postponing the meeting from the month of February to March would not be critical. For informational purposes, Deputy City Manager Thornhitl advised that at the CAC Meeting, Mr. Greg Morrison had been appointed as Chairman of the Committee, and Mr. Chuck Washington as Vice Chair; and relayed that both Chairman Morrison and Committee Member Connerton were present at tonight's meeting. Senior Planner Hoqan provided a presentation reqardinq the Housinc~ Element Update, as follows: · Noted that while other elements included in the General Plan were long-term documents regarding future plans, that the Housing Element was more of a midterm-housing program of five to seven years. As part of this process, relayed that the Regional Housing Needs Assessment identified for cities and counties a specified required number of housing units in various income categories, which typically served as a precursor for the Housing Element Update. In order to improve the coordination of the update of the General Plan and the Housing Element, advised that the City was utilizing the same consultants for both documents. Relayed that at this time, staff and the consultants have developed a Draft Housing Element which assessed the special needs, and addressed the Housing Program, and was subsequently submitted to the State Department of Housing and Community Development (HCD); and advised that in response to the submittal, HCD has requested the City to demonstrate that Temecula has sufficient property zoned at appropriate densities to accommodate the City's share of the regional housing needs for all income groups. · For State certification of the Housing Element, noted the necessity to demonstrate appropriate provisions for higher densities in the designated high-density zones, as well as adding additional acres for this purpose, relaying the challenge associated with accomplishing this due to the lack of a plethora of vacant land. Referencing the current litigation matters between the Southern California Association of Governments (SCAG) and various cities due to the determined allocation of each city's fair R:\Minutes\012902 3 share of affordable housing, Councilman Naggar queried how this issue would impact the City of Temecula's Housing Element's and General Plan's updating processes. In response, Senior Planner Hogan noted that while it was difficult to predict the outcome of the litigation that there could be some reduction in the amount of high-density requirements; and opined that with diligent efforts (noting the "can do" attitude the City has always had) it was possible to meet the requirements of the HCD, advising that the upcoming Villages of Old Town Project would aid in satisfying a portion of the high density requirements, additionally noting that there may be some areas in the City appropriate for consideration of transitioning land uses. Further commenting, Assistant City Attorney Curley concurred that the current litigation could result in a change in the allocations (of required high density areas) or not, advising that it would not be advantageous for the City to wait for this determination; noted that since HCD has provided comments, the most prudent avenue for the City processing through certification would be to address these remarks; and advised that if the litigation were to result in a change, there could be amendments made at that time. Addressing the density issue, Deputy City Manager Thornhill advised that while these required allocations would provide a challenge, that there were certain shopping centers in the City which potentially could provide opportunities for mixed uses which would aid in addressing the high density concerns; and noted that there were significant negative impacts for a city if the Housing Element were not certified (i.e., imposed sanctions, potentially financial sanctions). Reiterating that the update process included investigating Land Use, Housing, and Circulation alternatives, Mr. Bridges noted that there would be efforts to aid the City in identifying areas feasible for increasing the density in order to fulfill housing element obligations, relaying that the high density zones would be limited to meeting these requirements, acknowledging the concerns regarding an abundance of high density areas in the community; and advised that the consultants would provide economic information regarding satisfying the requirements of HCD. For Councilman Comerchero, Senior Planner Hogan advised that the information provided in the Regional Housing Needs Assessment was categorized by household income, and not by housing type or density, adding that while the City of Temecula relates more to the San Diego housing market than that of Riverside County, it was relayed that this could not be taken into consideration due to San Diego being in a different county as well as having a different council of governments. In response to Senior Planner Hogan's comments, Commissioner Olhasso suggested that the housing market issue be addressed legislatively. Mr. Bridges relayed that most communities have more difficulty finding adequate land for the Iow, and very Iow-income categories, noting that in these two categories there would be a need to designate land (with a high enough density to make if affordable) for 1788 of these type units, advising that programs could be put in place to subsidize the units to bring these costs down; and additionally noted that with the land costs in Temecula it was difficult to demonstrate that at a market rate low income units could be build at 20 units, or less, per acre. In light of his recent trip to New Jersey, Councilman Pratt relayed that in various states (including New Jersey), cities purchase homes that are in foreclosure, subsequently utilizing these units for affordable housing, which reduced the costs associated with the provision. R:\Minutes\012902 4 in response to Council comments, Senior Planner Hogan relayed that density issues would be addressed at this time, and that at the time of the next housing element cycle, or the following, the City's vacant land would be extremely limited. Noting that while a City does get some credit for past performance, Mr. Bridges relayed that the Regional Housing Need's numbers reflects requirements for new construction, advising that the majority of cities have more difficulty meeting these particular requirements. Commissioner Olhasso queried whether senior housing qualified as Iow-income housing, noting that she had made some recommendations to staff regarding potential locations for senior housing, which would revitalize various shopping centers (as previously indicated by Deputy City Manager Thornhill). Mr. Bridges confirmed that senior housing qualified for Iow-income housing; and additionally confirmed, for Commissioner Mathewson, that all the Iow-income housing could not be senior housing, advising that the housing element which includes a housing needs assessment will determine the future housing needs in the community over the next five years, which will aid in establishing the demand for senior housing, ergo what portion of the new units could be designated for senior housing. Commissioner Olhasso provided additional information regarding the various cites' suit against SCAG and the rationale for pursuing litigation (i.e., the disproportionate requirements for Iow- income housing in Riverside County vs. other counties); and recommended that the City get involved with the legislative arm of the Inland Empire Economics Partnership (IEEP). Chairman Chiniaeff noting that as early as the 1970's the requirements for Riverside County were not balanced, advising that at that time some of the older communities' were pushing the demand for Iow-income housing out to the Inland Empire. With respect to the language in the Vision for the Future document, where it states Diverse housing options are available to meet the needs of all segments of the community, while protecting the character and value of single-family neighborhoods, Chairman Chiniaeff relayed that this phraseology clarifies the conflict, concurring that the challenge for this provision would be a great one. For Commissioner Olhasso, Assistant City Attorney Curley noted that he would provide the Planning Commission an update regarding the status of the litigation with SCAG. Updating the City Council and the Planning Commission, Mr. Bridges relayed that the 2"d Community Workshop will be held in March at which time Land Use, Circulation, and Housing Alternatives would be explored (Mayor Roberts recommending that this meeting be scheduled on an evening or Saturday in order to better accommodate the working schedules of the residents); that the 3rd Community Advisory Committee (CAC) Meeting would be held on April 1st from 6:00 to 8:00 P.M. at City Hall in the Main Conference room at which time Land Use, Circulation, and Housing Alternatives would be discussed; that the 4th CAC Meeting would be held on April 22nd from 6:00 P.M. to 8:00 P.M. with the same topic of discussion; that the 5th CAC Meeting would be held on May 6th from 6:00 to 8:00 P.M. at which time the discussion topic would be Selection of Preferred Land Use, Circulation and Housing Alternatives; and that the 3rd City Council/Planning Commission Joint Workshop would be held in May whereby the subject of discussion would be Selection of Preferred Land Use, Circulation, and Housing Altematives. R:\Minutes\012902 5 At this time the public was invited to comment Mr. Greg Morrison, 31045 Oak Hill Drive, Chairman of the CAC, opined that this particular committee had excellent appointees, noting the diligent efforts of this group of individuals, commending the City Council for its appointments; relayed his disappointment that the CAC was not able to review the Draft Vision Statement documents prior to City Council presentation, advising that the concerns of the City Council/Planning Commission were the same as those that have been expressed by the Committee Members; and requested that staff have the CAC review documents such as this in the future in order for the Committee to fulfill its function; and noted that the Committee has additionally discussed reviewing the Housing Element in conjunction with the General Plan. Commending the assiduous efforts of the CAC, Councilman Naggar applauded the members who serve on this committee. ADJOURNMENT At 8:20 P.M., Mayor Roberts formally adjourned the Joint City Council/Planning Commission Workshop to the next City Council regular meeting on Tuesdav, Februarv 12, 2002, 7:00 P.M., and to the next Planning Commission regular meeting on Wednesdav, February 6, 2002, 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\012902 6 ITEM 3 RESOLUTION NO. 02- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $375,988.71. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 5th day of March, 2002. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC City Clerk [SEAL] R2Resos2002/Resos02- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 02- was duly adopted at a regular meeting of the City Council of the City of Temecuia on the 5th day of March, 2002 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos200P_/Resos 02- 2 CITY OF TEMECULA LIST OF DEMANDS 02/20/02 TOTAL CHECK RUN: 03/05/02 TOTAL CHECK RUN: TOTAL LIST OF DEMANDS FOR 03/06/02 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 192 t93 210 261 280 300 310 320 ~330 GENERAL FUND RDA DEV- LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C CAPITAL IMPROVEMENT PROJ. FUND CFD 88-12 ADMIN EXPENSE FUND REDEVELOPMENT AGENCY - ClP INSURANCE FUND VEHICLES INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BYFUND: PREPARED BY RETA WESTON, ACCOUNTING SPECIALIST ~HAWN NELSON, CITY MANAGER $ 121,297.54 254,691.17 $ 375,988.71 149,624.83 5,124.77 20,732.56 3,899.15 3,822.26 123,400.58 570.52 12,032.27 41,226.89 651.71 10,834.28 257.40 3,811.49 375,988.71 375,988.71 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 CITY OF TEMECULA PAGE 7 02/20/02 09:06 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 210' CAPITAL IMPROVEMENT PROJ FUND 280' REDEVELOPMENT AGENCY - CIP 300' INSURANCE FUND 310' VEHICLES FUND 320' INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 38,692.46 4~986.62 19,810J06 3,899.15 3,822.26 5,414.77 2,263.62 26,853.72 651.71 10~834.28 257.40 3,811.49 TOTAL 121~297.54 VOUCHRE2 02/20/02 09:06 VOUCBER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 75110 0~/19/02 003757 INSURANCE COMPANY OF TH 75113 0~/20/02 O04802'ADLERHORST INTERNATIONA 75113 0~/20/02 004802 ADLERHORST INTERNATIONA m 75113 02/20/02 004802 ADLERHORST INTERNATIONA 75113 0~/20/02 004802 ADLERHORST INTERNATIONA m 75113 0~/20/02 004802 ADLERHORST INTERNATIONA 75114 02/20/02 000440 AGLOW PBOTOGRAPBY 75115 0~/20/02 003285 AMERIPRIDE UNIFORM BERV 75115 0~/20/02 003285 AMERIPRIDE UNIFORM SERV 75115 00/20/02 003285 AMERIPRIDE UNIFORM SERV 75115 0~/20/02 003285 AMERIPRIDE UNIFORM SERV 75115 0~/20/02 003285 AMERIPRIDE UNIFORM SERV 75115 02/20/02 003285 AMERIPR1DE UNIFORM SERV 75115 0~/20/02 003285 AMERIPRIDE UNIFORM SERV 75115 0~/20/02 003285 AMERIPRIDE UNIFORM SERV 75116 02/20/02 000101 APPLE ONE~ INC. 75116 0~/20/02 000101 APPLE ONE, INC. 75116 0~/20/02 000101 APPLE ONE, INC. 75116 0~/20/02 000101 APPLE ONE, INC. 75116 01/20/02 000101 APPLE ONE, INC. 75117 02/20/02 004206 BANUELOB, TERESA 75118 0~/20/02 003126 BOOMGAARDER, DENNIS 75119 0~/20/02 BOROK, LEN 75120 02/20/02 004081 BUSINESS FURNITURE GRO(J 75120 0~/20/02 004081 BUSINESS FURNITURE GROU 75120 0~/20/02 004081 BUSINESS FURNITURE GROU 75120 0!/20/02 004081 BUSINESS FURNITURE GROU 75120 0~/20/02 004081 BUSINESS FURNITURE GROO 75120 0~/20/02 004081 BUSINESS FURNITURE GROU 75121 02/20/02 001054 CALIF BUILDING OFFICIAL 75122 0~/20/02 000486 CALIF MUNICIPAL BUBINES / 75123 02/20/02 004093 CARDIO CARE PLUS 75124 02/20/02 000131 CARL WARREN & COMPANY l 7S124 0~/20/02 000131 CARL WARREN & COMPANY I 75125 0~/20/02 000137 CHEVRON U S A INC / 75126 0~/20/02 002147 COMPLIMENTS COMPLAINTS 75126 02/20/02 002147 COMPLIMENTS COMPLAINTS CITY OF TEMECULA VO~JCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT 300-199-999-5207 SETTLEMENT CLAIM RELEASE K-9 TRAINING EQUIP:LEATHER ARM 001-170-999-5327 K9 TRAINING EQUIP:SLEEVE COVER 001-170-999-5327 K-9 TRAINING EQUIP:BITE SUITE 001-170-999-5610 SALES TAX 001-170-999-5610 SALES TAX 001-170-999-5327 COUNCILMEMBER PHOTOS 001-100-999-5250 340-199-701-5250 340-199-702-5250 190-181-999-5250 190-182-999-5250 190-184-999-5250 190-185-999-5250 001-164-601-5243 190-180-999-5243 JAN FLOOR MAT & TOWEL RENTAL' JAN FLOOR MAT & TOWEL RENTAL JAN FLOOR MAT & TOWEL RENTAL JAN FLOOR MAT & TOWEL RENTAL JAN FLOOR MAT & TOWEL RENTAL JAN FLOOR MAT & TOWEL RENTAL UNIFORMS RENTAL FOR PW MNTC UNIFORMS RENTAL FOR TCSD MNTC 001-162-999-5118 330-199-999-5118 001-140-999-5118 001-140-999-5118 001-163-999-5118 TEMP HELP W/E 02/02 SENG TEMP HELP W/E 02/02 ROSS TEMP HELP W/E 02/02 SEARCY TEMP BELP W/E 02/02 KING TEMP HELP W/E 02/02 DELARM TCSD INSTRUCTOR EARNINGS 190-183-999-5330 TCSD INSTRUCTOR EARNINGS 190-183-999-5330 REIMB:ACTION PATROL UNIFORM 001-170-999-5243 001-161-999-5601 001-171-999-5601 001-162-999-5601 320-199-999-5250 165-199-999-5601 280-199-999-5601 FURNITURE FOR PLANNING DEPT. FURNITURE FOR FIRE PREVENTION FURNITURE FOR BUILD. & SAFETY FURNITURE FOR INFO SYSTEMS FURNITURE FOR LOW/MOD DEPT FURNITURE FOR RDA DEPT. ANNL BUSINESS WK:STAFF:3/12-15 001-162-999-5261 MEMBERSHIP DUES:ZENAIDA SMITH 001-140-999-5226 190-183-999-5330 TCSD INSTRUCTOR EARNINGS 300-199-999-5205 300-199-999-5205 CLAIM ADJUSTER SERVICES CLAIM ADJUSTER SERVICES FUEL EXPENSE FOR CITY VEHICLES 001-170-999-5262 24,351.00 170.00 60.00 1,200.00 93.00 17.83 47.30 95.40 34.20 51.36 84.24 36.96 31.64 111.34 101.16 416.00 257.40 770.16 187.20 572.00 170.00 194.40 38.51 2,882.94 2,639.76 882.55 704.70 1,206.74 1,206.74 1,600.00 50.00 134.40 346.12 2,156.60 110.83 300.00 23.25 COSTUME RENTALS - BUNNY SUITS 190-183-999-5370 SALES TAX 190-183-999-5370 24,351.00 1,540.83 47.30 546.30 2,202.76 170.00 194.40 38.51 9,523.43 1,600.00 50.00 134.40 2,502.72 110.83 323.25 VOUCHRE2 CITY OF TEMECULA PAGE 2 02/20/02 09:06 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 75127 75127 75127 75127 75128 75128 75128 75128 75128 75128 75129 75130 75130 75130 75131 75132 75133 75134 75134 75135 75135 75135 75136 75136 75136 75136 75136 75136 75136 75136 75136 75137 75138 75139 75139 75140 75141 CHECK DATE 0?20/02 0~/20/02 DI/20/02 0~/20/02 0~/20/02 0~/20/02 07/20/02 0Z/20/02 01/20/02 01/20/02 0~/20/02 02/20/02 0~/20/02 02/20/02 02/20/02 01/20/02 0~/20/02 0i/20/02 02/20/02 0!/20/02 0~/2D/O2 07/20/02 02/20/02 0~/20/02 07/20/02 02/20/02 0~/20/02 0~/20/02 01/20/02 01/20/02 07/20/02 02/20/02 02/20/02 02/20/02 VENDOR VENDOR NUMBER NAME 000447 COMTRONIX OF HEMET 000447 COMTRONIX OF HEMET 000447 COMTRONIX OF HEMET 000447 COMTRONIX OF HEMET 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 003223 EDAW IBC 004827 ELROD FENCE COMPANY 004827 ELROD FENCE COMPANY 004827 ELROD FENCE COMPANY 000164 ESGIL CORPORATION 004853 ESTOCH, APRIL M. 002060 EUROPEAN OELI & CATERIN 000478 FAST SIGNS 000478 FAST SIGNS 000166 FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE CO 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BABKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 004841 GOOBERS JAZZ BAND 004159 GOODENOUGH, DONNA 004844 GREAT GRAPNICS & FRAMIN 004844 GREAT GRAPHICS & FRAMIN 001609 GREATER ALARM COMPANY I GREGORY, MARJE ITEM DESCRIPTION ACCOUNT NUMBER EMERG RADIO MATERIALS:STN 84 LABOR TO INSTALL RADIO:STN 84 SALES TAX REPAIR OF BEACONS:PW VEHICLE 001-110-999-5278 001-110-999-5278 001-164-601-5214 TEMP HELP W/E 02/08 MONTEC[NO TEMP HELP W/E 02/08 MONTECINO TEMP HELP W/E 02/08 EBON TEMP HELP W/E 02/08 HEER TEMP HELP W/E 02/08 MARTINEZ TEMP HELP W/E 02/08 ROSA 340-199-701'5118 340-199-702'5118 340-199-701'5118 001-162-999'5118 001-163'999'5118 001-120-999-5118 BIOLOGICAL SVCS-PALA RD BRDG 210-165-631-5801 DOG KENNEL FOR POLICE K-9 KENNEL COVER FOR STRUCTURE SALES TAX 001-170'999'5327 001'170'999-5327 001-170'999'5327 J~N 2002 PLAN CHECK SVCS 001-162-999-5248 CHILDREN'S MUSEUM POSTERS 210-190-165-5802 REFRSNMNT:COUNCIL CLOSED MTG 001-100-999-5260 LETTERING FOR MUSEUM EXHIBITS 190-185-999-5254 SALES TAX 190-185-999-5254 LITIGATION:PMD INVESTMENTS 210-165-719-5801 LITIGATION SVCS:BOFF INVESTMNT 210-165-719-5001 LITIGATION:PMD INVESTMENTS 210-165-719-5801 XX-3083 NAGGAR:SUPPLIES/N.LEAG 001-100-999-5220 XX-3083 MAGGAR:SUPPLIES/N.LEAG 001-100-999-5258 XX-2576 NEL$ON:LEAGUE/PROF MTG 001-110-999-5260 XX-2576 NELSON:LEAGUE/PROF MTG 001-110'999'5258 xx-5288 JONES:EARTHLINK/MTGS 001-100-999-5260 XX-5288 JONES:EARTHLINK/MTGS 320-199-999-5211 XX-5288 JONES:EARTHLINK/MTGS 320-199-999-5221 XX-5288 JONES:EARTNLINK/MTGS 001-120-999-5260 XX-4117 BUGHES:PROF MTG 001-164-604-5260 ENTERTAINMENT:SUMMER NIGHTS 280-199-999-5362 TCSD INSTRUCTOR EARNINGS 190-183-999-5330 PLEXI-GLASS DISPLAY CASES SALES TAX 190-185-999-5250 190-185-999-5250 ALARM SVCS:POLICE STOREFRONT 001-170-999-5229 REIMB: ACTION PATROL UN[FORM 001-170-999-5243 ITEM AMOUNT 1,624.00 1,280.00 125.86 120.00 751.80 250.60 1,194.40 2,171.28 940.80 1,029.61 1,505.32 345.00 85.00 33.32 2,854.14 600.00 221.37 60.61 4.70 400.00 400.00 400.00 2.20 375.00 28.34 272.50 119.95 343.37 1,069.27 50.54 79.39 100.00 196.00 516.00 39.99 60.00 54.50 CHECK AMOUNT 3,149.86 6,338.49 1,505.32 463.32 2,854.14 600.00 221.37 65.31 1,200.00 2,340.56 100.00 196.00 555.99 60.00 54.50 VOUCHRE2 02/20/02 VOUCHER/ CHECK NUMBER 75142 75143 75144 75145 75146 75147 75147 75147 75148 75148 75149 75150 75151 75152 75153 75154 75154 75155 75155 75155 75155 75155 75155 75155 75155 75155 75155 75155 75156 75157 75158 75159 75159 75159 09:06 CHECK DATE 0i/20/02 02/20/02 02/20/02 or/2o/o2 02/20/02 0~/20/02 07120/02 01/20/02 0~/20/02 01/20/02 01/20/02 02/20/02 0~/20/02 02/20/02 07/20/02 01/20/02 02/20/02 0~/20/02 07/20/02 0~/20/02 02/20/02 02120/02 0~/20/02 02/20/02 07/20/02 02/20/02 0i/20/02 0i/20/02 0~/20/02 0~/20/02 02/20/02 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM ACCOUNT NUMBER NAME DESCRIPTION NUMBER GRUBISH, LORI REIMB: ACTION PATROL UNIFORM 001-170-999-5243 004217 HYDRO TEK COMPANY MISC SUPPLIES FOR PW MNTC 001-164-601-5215 003938 IAN DAVIDSON LANDSCAPE LDSCP DESIGN:IST & FRONT ST. 280-199-833-5802 001407 INTER VALLEY POOL SUPPL POOL SANITIZING CHEMICALS 190-186-999-5250 000388 INTL CONFERENCE BLDG OF MEMBERSNIP DUE: TONY ELMO 001-162-999-5226 003683 JAMAR TECHNOLOGIES INC DISTANCE MEASURING DEVICE:PW 310-1910 003683 JAMAR TECHNOLOGIES INC FREIGHT 310-1910 003683 JAMAR TECHNOLOGIES INC SALES TAX 310-1910 003986 KEVIN COZAB & ASSOCIATE LIBRARY SURVEY SVCS:PWO0-07 210-199-129-5802 003986 KEVIN COZAD & ASSOCIATE LIBRARY SURVEY SVCS:PWO0~07 190-180-999-5250 004413 KLAMATN BAY MISC SUPPLIES:POLICE STOREFRNT 001-170-999-5292 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 02/03 NOVOTNY 001-171-999-5118 000230 MUNIFINANCIAL JAN-MAR ~02 TCSD ASSESSMNT SVC 190-180-999-5370 002139 NORTH COUNTY TIMES- ATT RECRUITMENT ADS FOR HUMAN RES. 001-150-999-5254 O'KEEFE, LARRY REIMB:C.A.P. UNIFORMS 001-170-999-5243 002292 OASIS VENDING CITY NALL SUPPLIES/SERVICE 340-199-701-5250 002292 OASIS VENDING MAINT FAC SUPPLIES/SERVICE 340-199-702-5250 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 190-180-999-5214 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 190-180-999-5214 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 340-199-701-5214 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001'164'604'5214 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 002105 OLD TOWN TIRE & SERVICE CITY VENICLE REPAIRS & MAINT 001-164-601-5214 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-163-999-5214 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-165-999-5214 004520 PAINT CONNECTION, THE RES IMPRV PRGM: GRIFFIN 165-199-813-5804 004074 PARTY CITY OF TEMECULA RECREATION SUPPLIES FOR TCSD 190-183-999-5370 003218 PELA JAN LDSCP PLN CK:R.C./TOWN CTR 001-164-602-5412 000249 PETTY GASH PETTY CASH REIMBURSEMENT 001-164-601-5260 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-1990 ITEM AMOUNT 41.18 85.36 894.00 334.03 50.00 595.00 10.59 46.12 1,126.40 281.60 878.04 509.55 4,500.00 632.40 72.16 672.26 224,85 20.00 30.59 20.00 19.15 30.50 128.51 114.57 24.09 25.03 27.27 27.81 1,850.00 69.51 387.00 39.34 24.53 28.63 PAGE 3 CHECK AMOUNT 85.36 894.00 334.03 50.00 651.71 1,408.00 878.04 509.55 4,500.00 632.40 72.16 897.11 467.52 1,850.00 387.00 VOUCHRE2 CITY OF TEMECULA PAGE 4 02/20/02 09:06 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 75159 75159 75159 75159 75159 75159 75159 75159 75159 75159 75159 75159 75159 75159 75159 75159 75159 75159 75160 75160 75161 75162 75162 75163 75164 75164 75164 75164 75165 75165 75165 75165 75165 75165 75165 75165 75185 75165 75165 75165 75165 75166 75167 CHECK DATE 0~/20/02 0~/20/02 02/20/02 0~/20/02 0~/20/02 0~/20/02 02/20/02 0~/20/02 0~/20/02 0~/20/02 0!/20/02 0~/20/02 0~/20/02 0~/20/02 0~/20/02 0~/20/02 0~/20/02 0i/20/02 0~/20/02 0i/20/02 02/20/02 0!/20/02 0i/20/02 0~/20/02 0~/20/02 07/20/02 02/20/02 0~/20/02 0~/20/02 0~/20/02 0~/20/02 02/20/02 0~/20/02 0~/20/02 02/20/02 02/20/02 0!/20/02 02/20/02 02/20/02 02/20/02 VENDOR VENDOR NUMBER NAME 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000580 PHOTO WORKS OF TEMECULA 000580 PHOTO WORKS OF TEMECULA 000254 PRESS ENTERPRISE COMPAH 003697 PROJECT DESIGN CONSULTA 003697 PROJECT DESIGN CONSULTA 002612 RADIO SHACK 000728 RAMSEY BACKFLOW & PLUMB 000728 RAMBEY BACKFLOW & PLUMB 000728 RAMSEY BACKFLOW & PLUMB 000728 RAMSEY BACKFLOW & PLUMB 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIBT 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIBT 000262 RANCHO CALIF WATER DIBT 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIET 001500 REGIONAL TRAINING CENTE 003742 REHAB FINANCIAL CORPORA ITEM DESCRIPTION ACCOUNT NUMBER PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASR REIMBURSEMENT PETTY CABN REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMERT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASR REIMBURSEMENT 001-1990 001-16/*-602-5260 280-199-999-5260 001-161-999-5260 190-183-999-5374 190~185-999-5301 190'181-999'5301 190-184-999-5301 001'161-999-5260 001'111-999-5270 001-111'999'5270 001-1990 001-150'999-5260 190'183-999-5320 190-183-999-5320 190-183'999-5374 001-150-999-5260 001-171-999-5370 JAN FILM/PHOTO DEV ' CIP JAN FILM/PHOTO DEV - TCSD 001-165-999-5250 190-180-999-5250 RECRUITMERT ADS FOR HUMAN RES. 001-150-999-5254 DEC DSGN SVC:MURRIETA CRK:O026 210-165-602-5802 CR:OVERBILLED/SUB-CONSULTANTS 210-165-602-5802 MISC COMPUTER SUPPLIES 320-199-999-5221 VAR SLOPE SITES BCKFLW TESTING VAR SLOPE SITES BCKFLW TESTING VAR PARK SITES BCKFLW TESTING VAR PARK SITES BCKFLW TESTING 193-180-999-5212 193-180-999-5212 190-180-999-5212 190-180-999-5212 JAN 01-06-84860'5 PUJOL ST VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS 280-199-999-5250 190-180-999-5240 190-181-999-5240 190-182-999-5240 190-184-999-5240 190-185-999-5240 190-186-999-5240 190-188-999-5240 193-180-999-5240 340-199-701-5240 001-164-603-5240 001-165-999-5250 210-165-706-5804 WRITING STANDARDS:BUTLER:3/19 001-165-999-5261 LOAN SERVICES-RES IMPRV PRGM 165-199-813-5804 ITEM AMOUNT 15.00 20.00 14.28 15.50 48.31 47.49 11.39 10.51 9.83 32.33 32.33 13.55 13.00 29.89 31.25 50.00 30.08 48.22 92.81 23.34 4,956.57 894.70 1.74- 40.34 1,478.00 505.00 971.00 243.00 48,60 4,245.40 103.36 551.33 192.69 62.07 187.08 69.88 1,827.16 396.57 300.87 357.90 26.09 110.00 1,500.00 CHECK AMOUNT 565.46 116.15 4,956.57 892.96 40.34 8,369.00 110.00 1,500.00 VOUCHRE2 CITY OF TEMECULA PAGE 5 02/20/02 09:06 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 75168 75169 75170. 75171 75172 75173 751}3 751}3 75173 751}3 7517'J 751}3 75173 75174 75174 75174 75174 75174 75174 75175 75176 75177 75178 75178 75179 75180 75180 75181 75181 75182 75182 75183 75184 75184 CHECK VENDOR VENDOR DATE NUMBER NAME 0~/20/02 004615 REX PARIS 0~/20/02 001169 RIVERSIDE CO CLERK / 0i/20/02 RUPERT, JIM 0~/20/02 003576 S Y S TECHNOLOGY INC m 02/20/02 000751 SKILLPATB INC 0~/20/02 000537 SO CALIF EDISON 0~/20/02 000537 SO CALIF EDISON 0~/20/02 000537 SO CALIF EDISON 02/20/02 000537 SO CALIF EDISON 0~/20/02 000537 SO CALIF EDISON 0~/20/02 000537 SO CALIF EDISON 0~/20/02 000537 SO CALIF EDISON 0~/20/02 000537 SO CALIF EDISON / 0~/20/02 001212 SO CALIF GAS COMPANY 02/20/02 001212 SO CALIF GAS COMPANY 0~/20/02 001212 SO CALIF GAS COMPANY 0~/20/02 001212 S0 CALIF GAS COMPANY 02/20/02 001212 SO CALIF GAS COMPANY 0~/20/02 001212 SO CALIF GAS COMPANY 0i/20/02 SOUDER, JIM 02/20/02 STONE, OSCAR 02/20/02 001546 STRAIGHT LINE GLASS INC 0~/20/02 000574 SUPERTONER 02/20/02 000574 SUPERTONER 0i/20/02 TAYLOR, BABE-RUTH 0~/20/02 0036}3 TECH 101ARCUS INC 02/20/02 003675 TECH 101 ARCUS INC '0~/20/02 003677 TEMECULA MOTORSPORTS LL 0~/20/02 003677 TEMECULA MOTORSPORTS LL 0~/20/02 000307 TEMECULA TROPHY COMPANY 02/20/02 000307 TEMECULA TROPHY COMPANY 0~/20/02 000332 VANDORPE CHOU ASSOCIATE 07/20/02 004261 VERIZON CALIFORNIA 02/20/02 004261 VERIZON CALIFORNIA ITEM DESCRIPTION ENTERTAINMENT:F/D DANCE:2/23 CATEGORICAL EXEMPT:CHAPARRAL REIMB:C.A.P. UNIFORMS COMPUTER EQUIPMENT BUS.WRITING BASICS:HRUSKA:3/18 FEB 2-22-331-0400 GEN.KEARNY FEB 2-17-214-0428 MEADOWS PKWY FEB 2-00-987-0775 VARIOUS MTRS FEB 2-00-987-0775 VARIOUS MTRS FEB 2-22-496-3462 GEN.KEARNY FEB 2-00-397-5059 VARIOUS MTRS FEB 2-23-086-5263 MARGARITA FEB 2-07-626-6063 RANCHO VISTA CITY FACILITIES GAS METERS CITY FACILITIES GAS METERS CITY FACILITIES GAS METERS CITY FACILITIES GAS METERS CITY FACILITIES GAS METERS FEB 095-167-7907-2 STN 84 SPONSORSHIP:SISTER CITIES TRIP REIMB:C.A.P. UNIFORMS RES IMPRV PRGM: KORALLA HP PRINTER MAINTENANCE SVC HP PRINTER SUPPLIES REFUND:EX-MARCH FIELD AIR MUS. MISC COMPUTER SUPPLIES MISC COMPUTER SUPPLIES MOTORCYCLE REPAIR/MAINT:TEM PD MOTORCYCLE REPAIR/MAINT:TEM PD NAMETAGS FOR FIRE EXPLORERS CREDIT:INCORRECT BILLING JAN B&S PLAN CHECK SERVICES JAN XXX-2670 911 AUTO DIALER FEB XXX-5072 GENERAL USAGE ACCOUNT NUMBER 190'184-999-5250 210-190-170-5801 001-170-999-5243 320-199'999-5242 001-110-999'5261 190-180'999'5319 190-180-999'5319 190'180'999'5319 192-180'999-5319 190-180-999-5319 190-180-999-5240 190-180-999-5319 193-180-999-5240 190-181-999-5240 190-184-999-5240 190-185'999'5240 190-188-999'5240 340-199-702-5240 001-171-999'5240 001'101-999-5280 001'170'999-5243 165'199-813-5804 320-199-999-5215 320-199-999-5221 190-183'4982 320-199'999-5221 320-199-999'5221 001-170-999'5214 001-170'999'5214 001-171'999'5235 001-171'999-5235 001-162-999-5248 320-199-999-5208 320-199-999-5208 ITEM AMOUNT 150.00 64.00 66.52 1,081.34 199.00 55.81 63.17 1,247.13 3,899.15 49.69 3,583.57 59.07 12.10 212.60 155.16 120.67 28.76 171.41 211.93 1,500.00 61.62 429.88 55.00 258.60 26.00 308.31 505.65 406.57 120.00 118.53 21.55- 2,488.38 28.64 6,439.06 CHECK AMOUNT 150.00 64.00 66.52 1,081.34 199.00 8,969.69 900.53 1,500.00 61.62 429.88 313.60 26.00 813.96 526.57 96.98 2,488.38 6,467.70 VOUCHRE2 02/20/02 09:06 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 75185 0~/20/02 NEBB, BERTHA / 75186 02/20/02 ZIMMERMAN, TERRY 75187 02/20/02 003776 ZOL1 MEDICAL CORPORATIO CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCR]PTIOH REIMB:C.A.P. UNIFORMS REIMB:C.A.P. UNIFORMS PARAMEDIC EQUIPMENT SUPPLIES ACCOUNT NUMBER 001-170-999-5243 001-170-999-5243 001-171-999-5311 ITEM AMOUNT 44.12 55.18 526.83 PAGE 6 CHECK AMOUNT 44.12 55.18 526.83 TOTAL CHECKS 121,297.54 VOUCHRE2 CITY OF TEMECULA PAGE 2 02/20/02 09:26 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 210 CAPITAL IMPROVEMENT PROJ FUND 261 CFD 88-12 ADMIN EXPENSE FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND AMOUNT 110,932.37 138.15 922.50 117,985.81 570.52 9,768.65 14,373.17 TOTAL 254,691.17 VOUCNRE2 CITY OF TEMECULA PAGE I 02/20/02 09:26 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 75190 75191 75192 75193 75194 75194 75194 75194 75194 75194 75196 CHECK DATE or/o5/o2 0~05/02 0~/05/02 0~/05/02 0~/05/02 03/05/02 0~/05/02 03/05/02 0~/05/02 03/05/02 03/05/02 0~/05/02 03/05/02 or/o5/o2 0~/05/02 03/05/02 VENDOR VENDOR NUMBER NAME 002187 ANIMAL FRIENDS OF THE V 003~9 COTTON BELAND ASSOCIATE 001380 E S I EMPLOYMENT SERVIC 004833 IMPERIAL PAVING COMPANY 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERBH 002412 RICHARDS WATSON & GERBH 002412 RICHARDS WATSON & GERBH 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERSH 004598 S T K ARCHITECTURE INC 004496 SPARKB EXHIBITS & ENVIR ITEM DESCRIPTION ANIMAL CONTROL SERVICES JAM GENERAL PLAN UPDATE SVCS TEMP HELP W/E 02/08 N~SEN PATCH ASPHALT ON PALA ROAD CREDIT:OVERCHARGED/DISBURSEMNT DEC 2001 LEGAL SERVICES DEC 2001 LEGAL SERVICES DEC 2001 LEGAL SERVICES DEC 2001 LEGAL SERVICES DEC 2001 LEGAL SERVICES DEC 2001 LEGAL SERVICES DEC 2001 LEGAL SERVICES DEC 2001 LEGAL SERVICES DEC 2001 LEGAL SERVICES DEC 2001 LEGAL SERVICES JAN DSGN SVC:WOLF CRK STN:0111 CHILDRENS MUSEUM DESIGN SVCS ACCOUNT NUMBER 001-172-999-5255 001-161-999-5248 001-161-999-5118 001-164-601-5402 001-130-999-5246 001-130-999-5246 165-199-999-5246 190-180-999-5246 300-199-999-5246 280-199-999-5246 261-199-999-5246 001-2643 001-2642 210-165-631-5801 210-1990 210-165-~3-5802 210-190-165-5804 ITEM AMOUNT 6,197.53 26,558.99 5,612.40 6,500.00 44,977.55 138.15 922.50 14,373.17 9,768.65 570.52 8,646.45 12,452.95 13.63 326.67 44,023.25 ~3,622.26 CHECK AMOUNT 6,197.53 26,558.99 5~612.40 6,500.00 92,176.74 44,023.25 ~,622.26 TOTAL CHECKS 254,691.17 ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FIN~-~y~/~''''~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance ~/ March 05, 2002 City Treasurer's Report as of January 31, 2002 PREPARED BY: Karen Jester, Assistant Finance Direct~" Pascale Brown, Senior Accountant RECOMMENDATION: as of January 31, 2002. That the City Council receive and file the City Treasurer's Report DISCUSSION: Reports to the City Council regarding the City's investment portfolio, receipts, and disbursements are required by Government Code Sections 53646 and 41004 respectively. Attached is the City Treasurer's Report which provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of January 31, 2002. FISCAL IMPACT: None Attachments: 1. City Treasurer's Report as of January 31, 2002 City of Temecula City Treasurer's Report As of January 31, 2002 Cash Activity for the Month of January: Cash Cash Cash Cash Cash ind Investments as of January 1, 2002 receipts )isbursements md Investments as of January 31, 2002 and Investments Portfolio: Type of Investment Petty Cash General Checking Sweep Account (Mo~ey Market Account) Benefit Demand Deposits Local..~gency Investment Fund Cerbflcate of Deposit (Retenhon Escrow) (Ret,~ntion Escrow) ChecEing Account (Par~ing Citations) Trust Accounts- CFD 88-12 (Money Market Account) Reser~l e Account- CFD 88-12 (Investment Agreement) Delinq! Main. Reserve Account- CFD 88-12 (Inve,' st ment Agreement) Trust,~ccounts- CFD 98-1 (Money Market Account) Rase le Account- CFD 98-1 (Local Agency investment Fund) Trust ~ccounts-TCSD COPs (M0~ey Market Account) Project Account-TCSD COPs (Investment Agreement) Trust:~ccounts-RDA Bonds (Uo~ey Market Account) Reserve Account-RDA Bonds (Investment Agreement) $ 62,089,659 10,689,094 (5,836,676) $ 66,942,077 Maturity/ Termination Par/Book Institution Yield Date Balance City Hall n/a $ 1,500 Union Bank n/a (6,989,151) (1) Union Bank 1.130 % 6,687,000 (Highmark U.S· Treasury) Union Bank n/a 5,889 (1) State Treasurer 3.068 % 57,942,636 (2) Community Bank 1.950 % 281,546 U.S. Bank Various 487,544 Union Bank n/a 6,645 U.S. Bank (First Am. Treasury) 1.530 % 312,760 CDC Funding Corp 5.430 % 91112017 1,531,469 CDC Funding Corp 5.422 % 9/1/2017 500,000 U.S. Bank (First Am. Treasury) 1.530 % 668 State Treasurer 3.068 % 928,699 U.S. Bank (First Am. Treasury) 1.480 % 1,516 U.S. Bank (First Am. Treasury) 1.480 % 2,688,365 U.S. Bank (First Am. Treasury) 1.480 % 1,106,071 Bayerische landesbank 7.400 % 2/1/2013 1,448,920 $ 66,942,077 (1)-Th s amount is net of outstanding checks· 2 -At January 31, 2002 total market value (nc ud ng accrued nterest) for he Loca Agency Investment Fund (LAIF) was $52,911,231,603 The City's proportionate share of hat va ue s $58,162,072. All inv I astments are liquid and currently available The C y of Temecu a's portfolio is in compliance w h he rives men policy Adequate funds will be available to meet budge[ed and actual expenditures of the City of Temecula for the next six months. ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC~Ez~'r CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council /~,//~/William G. Hughes, Director of Public Works/City Engineer March 5, 2002 SUBJECT: Completion and Acceptance of Construction Contract for the City Maintenance Facility Modifications, Phase III, Project No. PW00-16 PREPARED BY: ~reg Butler, Senior Engineer ~,VVard Maxwell, Associate Engineer RECOMMENDATION: That the City Council: Accept the project, "City Maintenance FaciJity Modifications, Phase II1", Project No. PW00-16 as complete; and File a Notice of Completion, release the performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On March 6, 2001 the City Council awarded the construction contract to T & M Construction, in the amount of $600,000.00 for said project and authorized the City Manager to approve change orders that are within the 10% contingency. The total cost of the project including contract change orders was $659,990.95. This project provided an additional 900 square feet of first floor area and 3000 square feet of second floor area to the Maintenance Facility for a total of 3900 square feet of additional office space. The project constructed $ new offices, a conference room, restrooms, installation of 13 new storefront windows, new carpeting at the existing first floor office space, elevator, high-density modular filing system, upgraded fire monitoring system, and a new security gate. FISCAL IMPACT: The City Maintenance Facility Modifications Project is a Capital Improvement Project funded through Capital Project Reserves, Account No. 210-190-158-5804. The original contract amount for this project was $600,000.00. Contract Change Orders No. 1 through No. 4 were approved in the amount of $59,990.95 for a total contract amount of $659,990.95. ATTACHMENT: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release 1 r:~agdrpt\01 \0306~pw99o01 .aw~ RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 92590. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 3. A Contract was awarded by the City of Temecula to T & M Construction to perform the following work of improvement: City Maintenance Facility Alterations Phase III Project No. PW00-16 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on March 5, 2002. That upon said contract the American Safety Casualty Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: City Maintenance Facility Alterations Phase Ill, Project No. PW00-16 6. The location of said property is: 43200 Business Park Drive, Temecula, California Dated at Temecula, California, this 5th day of March 2002. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 5th day of March 2002. Susan W. Jones CMC, City Clerk CfTY OF TE~ECULA, PUBUC WORI($ DEPARTMENT PROJECT NO. PY/O0..16 K~NOW ALL PERSONS BY THESE PRESENT THAT: I NAME,AND ADDRE.,~$ CONTRACTOR'S a Co~t~0n , hereinafter called Principal, and IVAME AND ADDRESS OF SURETY' ,hereinafter called SURETY, em held and firmly ~bound unto CITY'.OF TEMECUI-A, herein~er ailed OWNER, in the penal sum of '($ 65,993..00>~.~.~-~-~'~ in lawful mone~ of the 'United States, said sum being not less than ten (10%) of the Contract value payable by the said Ck'y of Temecula under the ~erms of the Contact, for the payment ~f which, we bind ourselves, successors, and ~Ssi~,~s, jointly and Severally firmly by these presents. THE CONDiTiON OF THIS OBLIGATION is such that whereas, the Pr[no, pat entered into a cer[ain Ccntract with the QWNE~ dated the 6d~ da¥of ~ , 200~, a. coPY of which is hereto attached and made a part hereof for the construction of PROJECT NO. PWe0- 16, CITY MAINTENANCE FACILITY ALTERATIONS PHASE II!. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) y~ar after approlval of the final estimate on said job, b3/the OWNER, · against all defects in workmanship and materials which may beO~me apparent during said period; and · WHEREAS~ the said Contract has been completed, and was the final estimate approved an 1~etrmarY, 26, ', NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contmc~ the work done under the terms of said Contract shall disclose poor workmanship in the execution of Said· work, and the can~jing out of the terms of said Contract. or it shall appear that defective materiels were furnished thereunder, then this obligation shall remain in. full force and virtue, otherwise' this inStrument shall be void. . .:. :' · : · ",. ." As a par~ Of the obligation secured hereby and in addition to the face amount specified, c~-ts and reasonable expenses and fees shall be included, including reasonable att(:meys fees inct~med by the City of Temecula in successfully enforcing this obligation, all to be ~ as costS and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time. alteration, or addition to the terms of the Contract, or to the werk to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive nctice of any such change.'~extension of time. aiteratien, or addition to the terms of the Contract. or to the work. or to the Specifications. Signed and seated this 27th day of ~'e[r~-7 '". 200~F) (Seal) SURE'i'7,,~ ,~dca~ Safety Casualt7 ~-~u~a~ce PRINCIP~ (Name) (Name) Atko~-~t ' APPROVED AS TO FORM: (Name) Peter M. Tnorson, C/ty A~lomey ('ntle) ~[AINTENANCE BONe MB-2 R:\CIP~ R OJ E C'T $~PW~I 6~iID PW0016R '1 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PWO0-16 CITY MAINTENANCE FACILITY ALTERATION$ PHASE III This is to certify that - / ~'/~/ (_ ~,,.~J'~,~cT',On, (hereinafter the 'CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW0~.16, crw MAINTENANCE FACILITY ALTERATIONS PHASE III. situated in the City of Temecula, State of California, more particularly described as follows: i I I I I I ,11 CITY MAINTENANCE FACILITY ALTERATIONS PHASE III The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpsid sum o .g to the CONTRACTOr. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount t~ Dispute Pursuant to Public Contracts Code §7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City. and each of them, from any and ali claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. CONTRACTOR Si~nat~t~ Print Name and Title ITEM 6 CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINAl5,, CITY MANAGER TO: FROM: City Manager/City Council ,~/(William G. Hughes, Director of Public Works/City Engineer DATE: March 5, 2002 SUBJECT: Completion and Acceptance of Construction Contract for the FY2000- 2001 Slurry Seal Program, Project No. PW01-07 PREPARED BY: Greg Butler, Senior Engineer RECOMMENDATION: That the City Council: Accept the project, FY2000-2001 Slurry Seal Program, Project No. PW01-07, as complete; and File a Notice of Completion, release the performance Bond, and accept a twelve (12) month Maintenance Bond in the amount of 10% of the contract; and Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion, if no liens have been filed. BACKGROUND: On May 22, 2001 the City Council awarded the construction contract to American Asphalt Repair and Resurfacing Company, Inc, in the amount of $277,465.50 for said project and authorized the City Manager to approve change orders that are within the 10% contingency. On July 24, 2001 City Council allocated an additional $45,000 toward the contract to complete slurry sealing of Diaz Road between Rancho California Rd. and Winchester Rd. This project entailed cleaning, cleaning and sealing cracks in the pavement and then applying a rubberized asphalt slurry over approximately 2,225,000 sq ft of the City's streets. FISCAL IMPACT: This project is a Capital Improvement Project completed bythe Public Works Maintenance Division and is funded with Public Works Routine Street Maintenance Funds, account 001-164-601-5402. The original contract amount for this project was $277,465.50. Contract Change Orders 1 & 2 were approved in the amount of $69,690 for a total contract amount of $347,155.50. ATTACHMENT: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release 1 r:~agdrpt\02\0305\pw0 I~7.ACC RECORDING REQUESTED BY I AND RETURN TO: 'CITY CLERK CITY OF TEMECULA P.O. BOX 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 92590. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 3. A Contract was awarded by the City of Temecula to American Asphalt Repair & Resurfacing Company, Inc. to perform the following work of improvement: FY2000-2001 Slurry Seal Program Project No. PW01-07 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on March 5, 2002. That upon said contract the Fidelity and Guaranty Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: FY2000-2001 Slurry Seal Program 6. The location of said property is: 43200 Business Park Drive, Temecula, California Dated at Temecula, California, this 5t" day of March 2002. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Susan W. Jones CMC, City Clerk I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 5th day of March 2002. Susan W. Jones CMC, City Clerk AMERICAN ASPHALT PAGE 02 CITY' OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO, PW01..07 F'Y2000..2001 SLURRY SEAL PROGRAM to the City of Temecula, under oath, thaf he/sh~t hasjpaicr in full for all rn~.lterJaJs, su~pj~Jies, services, tools, equipment, and al/other bills contracted for by the CONTRACTOR e'~ by any' of the CONTRACTOR's agoras, employees or subcc{ntractors used or in contribu~ion._to the execution Of it's contract with the City of Temecu~a, wlth regard to the building, erection, constru~on, or repair of that certain work of improvement known as PROJECT NO. P1Ngl-0'~ FY2O00 20nl SLURRY SEAL PROGRAM, situated i0 the City of Temecula, State of CaJifomJa, more particularly described as follows: FY200{)-2001 SLURRY SEAL PROGRAM The CONTRACTOR d~crares that it knows of n~) unpaid debts or claims arising out of said Contract which would constitute grounds for any third ~arty to claim a Stop Notice against of any unpaid sum8 owing to the CONTRACTOR. Further, in c=nnectton with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: De~odption Dollar Amount to Dispute Pumuant [o Public Contracts Code §7200, the CONT~RACTOR does hereby fully release and acquit the City of Temecula and all agents and ernp~oye~$ of the City, and each et them, from any and all claims, debts, demands, or cause of a~n Which exim or mJgh~ exist in favor of the CONTRACTOR by reason of payment by the City' ~3f T~mecula of any cantrac~ amount which 'the CONTRACTOR has not disputed above. Dated: CONTRACTOR : Signature Print Name and Title ,/~/-~/~C~ R,I R;~C J p,,PROJZCT,~t pWO l¥:NvO I,~'?~ 1 a 7eF~ Doc ~ot 02/19/02 TUE i0:07 [TX/P,X NO 7200] ~002 510723~28~ 909-~27-B~79 KIHBERLY PROBERT ~ERIOANASPH~LT PAGE PAGE B2 BOND NO. SF7231 ciTY OF TEMECULA, PUBUC WORKS DEPARTMENT MAINTENANCE BOND ~OJECT NO. ~ff01.07 FY200O..~O01 SLURRY SEAL PROGRAM KNOW ALL PERSONS BY THESE PRESENT THAT; AMERICAN ASPHALT REPAIR & RESURFACING COMPANY, INC. 14436 SANTA ANA AVENUE, FONTASy, CA 92337 NAME A.ND ADORE$S CONTRACTOR~ a CORPORATION , hereinafter called Principal, and FIDELITY AND GUARANTY INSURANCE COMPANY 505 N. 14TH STREET, SUIT5i~Q0, OAKLAND, C,~ 94612 NAME AND ADORES$OFSURETY hereinafter caI~='Cl SURETY. are held and firmly bound un~o CITY OF TEMECULA. hereinafter called OWNER, in the penal sum of TWENTY SEVEN THOUSAND SEVEN HUNDRED FORTY SIX = DOLLARS and. 55~ 100 CENTS ($ 27,746.55 ..... ) in lawful n~oney of the United States, said sum being not less then ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, fOr the payment ~ wflich, we imnd ourseNes. SUCCeSSOrS. and assigns, jointly and severally, fifthly by these presents. THE CONDITION OF THIS OBLIGATION is such that wneree, s, the Principal entered into a certain Contract w~th the OWNER, dated the 22ND ~ay of MAY , 2001, a copy Of which iS i3ereto at~ached and made a part hereol for the construction of PROJECT NO. PW01- 07, FY20~3~-2{X)I SLURRY ~EAL PROGRAM. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of gna (1) year after al313roval of the final estimate on saicl Job, by the OWNER, a§einst all defects in workm~tnshi~ and malerJals which may become apparent during said period; end WHEREAS, the said Contract has been correlated, and was the final estimate al)proved on ,2001. NOW, THEREFORE, THE CONDmON OF THIS OBLIGATION I$ SUCH, that it w~thin one year from the date of approval of the final estima~ on saicl jc¢o pursuant rd the ContraCt, the work done under the terms o1 sa~d ContraCt shall disclose poor workmanship In the execution cf salcl worK, and t~e carrying out gf the terms of said Contracl. or ~ shall appear that defective materials were furnished thereunder, then this oOligatio~ shall remain in tul~ force and wr~ue, otherwise this instrument shall be void. As a par1 of 1ne obligation secured hereby and in addt~lon to the lace amount specified, eons ant; reasonable expenses amd tees shall be included, Includtr~ reasonable atlorDey's fees Incurred by the City of Temecula in s~ccessfully enforcing this obligation, all to be taxed as costs and ,ncluded in any Ju~jment rendered 81 02/19/~002 la:a7 ~6/05/~001 07:~6 5107230289 KIMBERLY PROBERT PAGE 909-~27~8279 ~ERIO~N ASPHALT P~ O3 02 The Surety hereby stip~Jlates and agrees that no change, extensmn of time, mterat~On, or 8clOition to the terms of the Contract. or to the wori( to be performed thereunder, or tg the &oecificat~ons accornpanyir~ the same, shall in ar~y way affect its obligations or~ this bond, ahd it cloe.~ hereby waive notice ot a~y such change, exlension of time, alteration, or addition to 1rle terms of the Corttract. or to the work, or to the Specifications. Signecl and sRaled this 19TH , clay of FEBRUARY. 2002 FIDELITY AND GUARANTY INSURANCE {Name) COMPANY MARK ROPPO. ATTORNEYrI~-FA,~T APPROVED AS TO FORM: Pater M. Th0rson. City A~tomey PRINCIPAL By: AMERICAN ASPHALT REPAIR & RESURFACING i~e~ COMPANY, INC. (T~) By: {Name) (Title) California All Purpose Acknowledgment State of CaLifornia County of San Mateo On February 19, 2002 , before me, Date Kathedne G. Zerounian, Notary Public Name F~ Title of Officer/Notary personak[y appeared Mark Roppo Names(s) of Signers(s) personally known to me, or proved to me on the basis of satisfactory evidence to be the person{~) whose name{~) is/ace subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(its), and that by his/her/their signature{+) on the instrument the person{~, or the entity upon behalf of which the person{-~ acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pa~es Other Signer(s) h:\docs~su rety\forms\nota~.doc POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St, Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 22355 Cerfificate No. 4 JLU KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surely Company is a corporation duly organized under the laws of the State of New York, and ~hat St. Pa~l Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the la~s of the State of Minneso a, and ha Un ed S ares Fide y and Guaranty Company is a corporation duly organized under the laws of he State of Ma~[and, and that Fidelity and Guaranty Insurance Company is a co~oration duly organized under tbe Jaws of the State of Iowa, and that Fidelity and Guaranty Insurance Unde~dters, Inc. is a co~oration duly organized under the laws of the State of Wisconsin (gerein collectively called the "Companies''), and that tbe Companies do hereby make, constitute ~d appoint M~k Roppo, J~es B. Shea, Kalene G. Zero~ E~ Baufis~, JeffPrevost, Jody ~. Jo~on ~d Je~ L. Neu Redwood City California oftbe City of , State , their true and lawful A~tomey(s)-in-Fact, each in~ their separate capacity if more than one is named above, to sign its name as surety to, and to execute, sea[ and acknowledge any and all bonds, undertakings~ contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guarameeing lhe fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. I 11 th January 2001 IN WITNESS WHEREOF, the Companies have caused INs instrumenl to be ~igned an~ sealed this day of Seaboard Surety Company St. Paul Fire and Marine lnsur0nce Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company ®®®® 1 lth Sanuary ¸®® United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. THOMAS E. HUIBREGTSE. Assistant Secretary 2001 On this day of . . before me. the undersigned officer, personally appeared John F. Phinney and ThomAs E. Huibregtse. who acknowledged themselves to be the Vice President and Assistant Secretary. respectively, of Seaboard Surety Company. St. Paul Fire and MariaI Insurance Company St Paul Guardian Insurance Company St Paul Mercury insurance Company United States Fidelity and Guaranty Company Fidelity and Guara,my Insurance Company. and F~deh y and Guaraa y Insurance Underwn ers. Inc.; and ha he seals affixed o he foregmng ins rumen are he corpora e seals of said C~ompanies; and that they. as such. being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Wi ness Whereof, I hereunto set my hand and official seal. · ~1 h hda ofIl 2002 tv~y t. ommission expires t e 13t y u y, . ~ REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7~2000 Printed in U.S.A. k. I J ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council 'q/~'~/~William G. Hughes, Director of Public Works/City Engineer DATE: Mamh 5, 2002 SUBJECT: PREPARED BY: RECOMMENDATION: Approval of the Conservation Easement for the Low-Flow Crossing at Via Mont~)zuma, Project No. PW99-15 ~mer Attar, Senior Engineer -/;~F Scott Harvey, Associate Engineer That the City Council: Approve the Conservation Easement for the mitigation of the Low-Flow Crossing at Via Montezuma, Project No. PW99-15, and authorize the City Clerk to record Conservation Easement with the County of Riverside Recorder Office. BACKGROUND: On February 13, 2001, the City Council awarded the construction contract for the Low-Flow Crossing at Via Montezuma, Project No. PW99-15 to Terra-Cai Construction. On August 14, 2001 the City Council accepted the project as complete. In compliance with the permits issued by the Army Corps of Engineers, San Diego Regional Water Quality Control Board, and the Department of Fish and Game, the City of Temecula was required to mitigate the impacts of the Low Flow Crossing to Murrieta Creek at a ratio of 2:1. Since the affected area was one half of one acre, The resource agencies required that one acre of property in the City of Temecula is to be dedicated for a conservation easement. A conservation easement is a real property that is maintained without future development or encroachment and shall prohibit, without exception, all residential, commemial, industrial, institutional, transportation and any other infrastructure development that would not maintain or enhance the wetland functions and values of the site. The chosen property is a portion of the City owned 17.92- Acre parcel adjacent to Pala Park and Temecula Creek, Assessor Parcel No. 950-110-030. This site is an ideal location, since it is adjacent to Temecula Creek and within the flood plain. A location map is attached as Attachment "A". FISCAL IMPACT: There is no fiscal impact associated with the dedication of the property as a Conservation Easement. A'YrACHMENTS: 1. Conservation Easement Document 2. Attachment "A", Location Map 1 R:'~AG EN DA REPORTS~.002\030502~W99~ 15MIT.DOC RECORDING REQUESTED BY AND WHEN RECQIDED, MAIL TO: City Clerk City OflTemocula P.O. Box 9033 Temecula, CA 92589 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula By: A.P.N. 950 - 110 - 030 (Space above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE. Public Agency exempt. Revenue and Taxation Code Section 11922 CONSERVATION EASEMENT THE CITY OF TEMECULA, a municipal corporation 1 is d4dicating for conservation one acre of real property in the City of Temecula, County of Riverside, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. This real property will be maintained without future development or encroachment on the site and shall prohibit, withbut exception, all residential, commercial, industrial, institutional, and transportation development, and any other infrastructure development that would not mmntmn or enhance the wetland functions and values of the s~te. / All ~as illustrated on the plat attached hereto and marked Exhibit "B". IN WITNESS WHEREOF; this instrument has. been executed this day of March, 2002. ST ~ATE OF CALIFORNIA ) Co~unty of Rive~'~ide )ss. OnI before me, the undersigned. A Notary Public in and for said State, personally appeared I personally known to me on proved to me onlthe basis of satisfactory evidence to be the person.~ whose name subscribed to the within instrument and adl~nowledged to me that he/she/they executed the same in hisSer/their authorized capacity(les), and that by his}'hers/their signatme on this instrument the persons or en~ity upon which the person(s) act, executed the instrument. WITNESS my hand and official seal. Si;ature CITY OF TEMECULA Ron Roberts, Mayor P~ttest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney EXHIBIT "A" LEGAL DESCRIPTION BEING A PORTION OF LOT 89 OF TRACT MAP NO. 21067 AS SHOWN ON A MAP FILED IN BOOK 231 AT PAGES 41 THROUGH 48 OF MAP BOOKS AS RECORDED IN RIVERSIDE COUNTY, STATE OF CALIFORNIA, LOCATED IN RANCHO TEMECULA AND LITTLE RANCHO TEMECULA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT "G" OF SAID MAP, SAID POINT BEING ON THE CENTERLINE OF JEDEDIAH SMITH ROAD, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2300.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 9°41'48" EAST; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SAID LOT "G", ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °24'42", AN ARC LENGTH OF 56.67 FEET, TO THE NORTHWEST CORNER OF LOT 89 OF SAID MAP, SAID POINT BEING ON SAID CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 2300.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 11 °06'30" EAST; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SAID LOT 89, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8052'30", AN ARC LENGTH OF 356.27 FEET; THENCE SOUTH 70°01'00'' EAST, 175.68 FEET ALONG THE NORTH LINE OF SAID LOT 89, TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 19°59'00" WEST, 61.94 FEET TO A POINT BEING ON A LINE THAT IS 61.94 FEET SOUTHERLY OF AND PARALLEL WITH SAID NORTH LINE; THENCE SOUTH 70001'00" EAST, 462.96 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2931.94 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°44'48", AN ARC LENGTH OF 242.90 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 15°14'12' WEST; THENCE NORTH 15°14'12" EAST, 61.94 FEET TO THE NORTH LINE OF SAID LOT 89, SAID POINT BEING ON A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2870.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 15°14'12" WEST; THENCE NORTHWESTERLY ALONG SAID NORTH LINE THROUGH A CENTRAL ANGLE OF 04044'48'', AN ARC LENGTH OF 237.77 FEET; THENCE NORTH 70001 '00' WEST, 462.96 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING; CONTAINING 43,561.83 SQUARE FEET OR 1.00 ACRES, MORE OR LESS. THE DESCRIPTION ALSO BEING SHOWN ON THE ATTACHED "EXHIBIT B" AND THEREBY BEING MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: REGISTERED CIVIL ENGINEER NO. 26159 EXPIRES: 3-31-2002 No. 26159 E~p. 3/31/02 Page I of 1 October 16, 2001 BY: R. Pisa CK'D BY: K. Cozad f-C:V,~y Docume nts~legaNVlu rcrk.cloc EXHiBiT L-.~TWIDE DRAINAGE ESUT PER M.B. 231/41-48 -TF~AO'T NO, 21067 C,.L 30' wiOE pIPELSNE Est,ff. TO RN, ICHO C.,/~L ~ 56.67 L ATTACHMENT "A" ITEM 8 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council APPROVAL CITY A'I-rORNEY DIRECTOR OF FINANCE CITY MANAGER /~J.~illiam G. Hughes, Director of Public Works/City Engineer March 5, 2002 Starlight Ridge Southern Cross Sidewalk Project PREPARED BY: ~"Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: Approve a transfer of Capital Reserves in the amount of $12,947.00 to the Starlight Ridge Southern Cross Road Sidewalk Improvement Project from other unused project funds. BACKGROUND: The Starlight Ridge Southern Cross Sidewalk Project is a Capital Improvement Project that was originally budgeted entirely through SB 821 funding. The City Council awarded the construction contract for the sidewalk improvements on July 24, 2001 and the project has been completed. However, the amount of SB 821 funding actually received for the project was reduced to seventy five percent of the total project cost of $51,790.00, or $38,843.00. As a result, a transfer of Capital Project Reserves from other unused project funds is necessary to cover the remaining costs associated with the sidewalk improvements. FISCAL IMPACT: The Starlight Ridge Southern Cross Road Sidewalk Project is a Capital Improvement Project funded by $38,843.00 of SB 821 funds with the balance to be funded by the City through Capital Project Reserves. A transfer of $12,947.00 in Capital Project Reserves from CIP Account No. 210-165-725-5802 to the Starlight Ridge Southern Cross Sidewalk Project is necessary to cover the total construction cost of $51,790.00. ATTACH M ENTS: None. R:~AG DRPT~2002\0305\StadiightRidge.funds 1 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT FEBRUARY 26, 2002 A regular meeting of the City of Temecula Community Services District was called to order at 7:43 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Stone presiding. ROLL CALL PRESENT: 5 DIRECTORS: ABSENT: 0 DIRECTORS: Comerchero, Naggar, Pratt, Robeds, Stone None Also present were General Manager NeLson, Assistant City Attorney Curley, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of February 12, 2002. 2 Amendment No. 2 to a Consultinq Aqreement for Construction Manaqement RECOMMENDATION: 2.1 Approve Amendment No. 2 to the consulting agreement with Don Sidell & Associates in the amount of $4,000.00 to continue providing construction management services for the Chaparral High School Swimming Pool - Project No. PW00-08CSD - and authorize the General Manager to execute this amendment. MOTION: Director Naggar moved to approve .staff recommendation. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No additional comments. Minutes.csd\022602 1 DIRECTOR OF COMMUNITY SERVICES REPORT No comments. GENERAL MANAGER'S REPORT No comments. BOARD OF DIRECTORS' REPORTS For President Stone, Community Services Director Parker provided information with regard to his request to expand the Summer Months Activities and Recreation in Temecula (S.M.A.R.T.) Program, commenting on the addition of two sites, hiring, supplies, and trips/excursions. Mr. Stone requested that consideration be given to creating more of a supervised day camp program versus a drop-off program and that a meeting among General Manager Nelson, Community Services Director Parker, and he be set up to consider such an option. ADJOURNMENT At 7:46 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, March 5, 2002, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeffrey E. Stone, President Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minute$.csd\022602 2 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY FEBRUARY 26, 2002 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:46 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Naggar, Pratt, Stone, Robeds, Comerchero ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, Assistant City Attorney Curley, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of February 12, 2002. MOTION: Agency Member Naggar moved to approve Consent Calendar Items No. 1. The motion was seconded by Agency Member Roberts and voice vote reflected unanimous approval. Convene to a Joint Public Hearing with the City Council and the Redevelopment Agency PUBLIC HEARING 2 Affirmed Housinq Sixth Street Homeownership Proiect RECOMMENDATION: 2.1 The City Council adopt a resolution entitled: RESOLUTION NO. 02-2'1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AFFIRMED HOUSING PARTNERS - TEMECULA, LLC (6TM STREET HOUSING PROJECT) R:\Minutes.rda\022602 1 2.2 The Redevelopment Agency Board adopt a resolution entitled: RESOLUTION NO. RDA 02-03 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND AFFIRMED HOUSING PARTNERS - TEMECULA, LLC (6TM STREET HOUSING PROJECT) 2.3 The Redevelopment Agency Board appropriates an additional $240,000 to this project from the Low-Mod fund balance to replace the CDBG funding. Housing and Redevelopment Director Meyer provided the staff report (of record) and introduced Mr. Wayne Davis, project architect, who, in turn, proceeded with a detailed overview of the project/site, commenting on floor plans and architecture. Ms. Ginger Hitzke, Senior Project Manager for Affirmed Housing Group, advised that Affirmed Housing had previously developed the existing 76-unit Mission Village Housing Project; reviewed the proposal; and noted that the project will commence Summer of 2002 and should be completed by Summer 2003. Housing and Redevelopment Director Meyer noted that with regard to the Disposition and Development Agreement, Exhibit G (Project Development Schedule) should be amended to reflect the Release of Predevelopment Loan date as April 15, 2002 versus May 1, 2002. At this time, Chairman Comerchero opened the public hearing. There being no public input, the public hearing was closed. MOTION: Councilman Naggar moved to adopt Resolution No. 02-21, amending the DDA as noted above. The motion was seconded by Director Roberts and voice vote reflected unanimous approval. RESOLUTION NO. 02-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AFFIRMED HOUSING PARTNERS - TEMECULA, LLC (6TM STREET HOUSING PROJECT) MOTION: Director Naggar moved to adopt Resolution No. RDA 02-03, amending the DDA as noted above. The motion was seconded by Director Roberts and voice vote reflected unanimous approval. RESOLUTION NO. RDA 02-03 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BE'rWEEN THE AGENCY AND AFFIRMED HOUSING PARTNERS - TEMECULA, LLC (6TM STREET HOUSING PROJECT) R:~vlin utes. fda\022602 2 MOTION: Director Naggar moved to approve staff recommendation 2.3. The motion was seconded by Director Roberts and voice vote reflected unanimous approval. Director Naggar, echoed by Director Comerchero, commended all those involved with this project, with Mr. Comerchero noting that this project will meet the City's requirement to build affordable housing but noted that most of all, it will meet the City's desire to build a beautiful neighborhood that provides affordable housing. EXECUTIVE DIRECTOR'S REPORT Executive Director Nelson commended Housing and Redevelopment Director Meyer on a job well done. AGENCY MEMBERS'REPORTS No comments. ADJOURNMENT At 7:57 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, March 5, 2002, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:'Cvlin utes.rda\022602 3 ITEM 2 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY OF FINANCE ~ DIR.ciTY MANAGER ~ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Agency Directors Shawn Nelson, Executive Director March 5, 2002 Review and Approval of the 2001-02 Mid-Year Budget Adjustments PREPARED BY: Genie Roberts, Director of Finance~ - ...~/j.4/ Karen Jester, Assistant Finance Dir~ctg~¢~"~~ RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. RDA 2002- A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY AMENDING THE FISCAL YEAR 2001-02 ANNUAL OPERATING BUDGET DISCUSSION: Each year a mid-year review is conducted of the Temecula Redevelopment Agency (RDA) operating budget. The purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the Agency maintains a prudent and healthy fiscal position. Finance Department staff has performed an analysis of revenues. Additionally, Agency and Ci(y staff has reviewed the operating budgets and has identified any material adjustments required. The mid-year budget review includes the Low/Moderate Income Housing Fund, the Capital Projects/Redevelopment Fund, and the Debt Service Fund. Activity in each fund is presented in accordance with the following schedules: Summary of Revenues. Expenditures, and Fund Balances: Presents a summary of prior year and FY 2001-02 year-to-date actual activity, as well as the FY 2001-02 current and proposed budget amounts. Also included is a schedule of beginning and estimated ending fund balances based upon the proposed budget activity. Revenue Detail: Presents detail of prior year and FY 2001-02 year-to-date revenues, as well as the FY 2001-02 current and revised projected revenues. The proposed increases and decreases in the RnA budget are a result of the recent amendment to the RnA pass-through agreement with the County of Riverside, which was adopted by City Council and the Agency Board on January 22, 2002. This agreement provided for reduction in the pass-through rate from 29% to 25% to the County as well as the elimination of an annual deferral of tax increment to the County. The Agency is also now required to pay an annual property tax administration fee. The attached schedules provide complete detail of the proposed revenue adjustments. The following is a summary of those adjustments. Revenues: The projected RnA revenues reflect a $1,208,856 net increase over the original budget estimate. A $1,083,174 increase in gross property tax increment is projected, due to assessed valuation growth in the project area. The impact to the Agency will be a $217,234 increase in tax increment to the Iow and moderate housing set-aside and an $865,940 increase in tax increment to the Debt Service Fund. There is also a projected increase in the reimbursement revenue in the amount of $125,682 as a result of work done for the First Street Bridge construction on behalf of the water district. Exoenditures: The projected Redevelopment Agency expenditures reflect a net decrease of $950,795. The Debt Service Fund principal and interest payment decreased by $1,213,000 due to the elimination of the pass-through deferral to the County. There is a small increase of $99,830 in the amounts owed to other agencies under the pass-through agreement as a result of the corresponding increase in gross property tax increment revenue as discussed above. The amended agreement requires the Agency to pay the County of Riverside an annual property tax administration fee therefore a $162,375 increase is reflected. Net Impact: As a result of these mid year adjustments the Low and Moderate Housing Fund will see an increase in available resources of $217,234. The Redevelopment Fund will see a decrease of $36,693 and the Debt Service Fund will see a decrease of $177,890. Staff is currently proceeding with the refinance of the existing 1993 Tax Allocation Bonds (TABs). The refinance and extension of debt term will result in bond proceeds to satisfy the outstanding County deferral and generate additional bond proceeds to fund capital projects. It is anticipated that the bonds will be funded in late April of 2002 and at that time, staff will provide revised budget estimates to reflect the final bond financing figures. AUTHORIZED POSITIONS No changes are proposed to the Schedule of Authorized Positions. FISCAL IMPACT: The total proposed mid-year adjustments as reflected in the attached schedules will result in a $217,234 increase in available resources to the Low/Moderate Income Housing Fund, a decrease of $36,693 to the Redevelopment Fund and a decrease of $177,890 in the Debt Service Fund. Attachments: Resolution No. RDA 2002- 2001-02 Temecula Redevelopment Agency Mid-Year Budget RESOLUTION NO. RDA 2002- A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY AMENDING THE FISCAL YEAR 2001-02 ANNUAL OPERATING BUDGET WHEREAS, each year a mid-year review is conducted of the Temecula Redevelopment Agency.(RDA) operating budget. WHEREAS, the purpose of this review is to conduct an analysis of revenues and expenditures to ensure that the RDA maintains a prudent and healthy fiscal position. WHEREAS, the mid-year review has been completed and the recommended adjustments are reflected in the attached schedules, hereto as Exhibit A. The Board of Directors does hereby resolve as follows: Section 1. That the Fiscal Year 2001-02 RDA operating budget is amended in accordance with the attached schedules. PASSED, APPROVED AND ADOPTED, by the Redevelopment Agency of the City of Temecula, this 5th day of March, 2002. ATTEST: Jeff Comerchero, Chairperson Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, Secretary of the Temecula Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 2002- was duly adopted by the Board of Directors of the Temecula Redevelopment Agency at a regular meeting thereof held on the 5th day of March, 2002, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Susan W. Jones, CMC City Clerk/Agency Secretary 2001-02 TEMECULA REDEVELOPMENT AGENCY MID-YEAR BUDGET TEMECULA REDEVELOPMENT AGENCY SUMMAR, Y OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES 2001-02 MID-YEAR OPERATING BUDGET 2001-02 2001-02 2001-02 Proposed % 2000-01 YTD Current Proposed increase Increase Actual @ 12/31101 Budget Budget (Decrease) (Decrease) Total Revenues* 11,352,313 593,086 9,914,000 / Total Non-I ClP Expenditures by Fund*: Low/Moc~erate Income Housing 355,852 173,811 648,150 Redevelopment 655,379 180,489 969,827 Debt se~ice 7,213,949 398,165 8,508,640 / Total Expbnditures 8,225,180 752,465 10,126,617 Excess of Revenues Over (Under) ExpenditUres 3,127,133 (159, 379) (212,617) Other Fin[ncing Source: Deferred Passthrough/Interest 1,153,119 2,157,000 Advancers from Other Funds 75,749 37,875 Excess of Revenues and Other Financing Soumes 'Over (Under) Expenditures 4,356,001 (121,504) 1,944,383 11,122,856 648,150 1,132,202 7,395,470 9,175,822 1,947,034 1,947,034 1,208,856 162,375 (1,113,170) (95O,795) 2,159,651 (2,157,000) 2,651 12.2% 16.7% -13.1% -9.4% * Operating transfer between Debt Service and Redevelopment funds is not reflected ACCT NO 165 LOW/MOD HOUSING FUND REDEVELOPMENT AGENCY REVENUE DETAIL FY 2001-O2 MIDYEAR BUDGET FY 00-01 FY 01-02 FY 01-02 YTD % FY 01-02 CHANGE % ACTUALS YTD ~17J31/01 ORIG EST OF BDGT REVISED EST IN EST CHANGE 4015 -Tax Increment 1,860,100 30,876 1,867,000 1.7% 2,084,234 217,234 11.6% 4060 -~,liscellaneous 17,282 394 7,000 5.6% 7,000 4065 +l~vestment Interest 267,066 106,325 165,000 64.4% 165,000 4066 ~oan Interest 25,150 5,598 4075 -~ental Income 7,167 15,706 30,000 52.4% 30,000 4077 ~orgivable Loan Repayment 95,873 TOTAL LOW/MOD HOUSING FUND 2,272,639 158,898 2,069,000 7.7% 2,286,234 217,234 10.5% ACCT NO 280REDEVELOPMENTFUND FY 00-01 FY 01-02 FY 01-02 YTD % FY 01-02 CHANGE % ACTUALS YTD ~12/31~01 ORIG EST OF BDGT REVISED EST IN EST CHANGE 4058 ~ ,Miscellaneous 90 4060 ~Miscellaneous Non Taxable 2,480 330 4065 ~lpvestment Interest 143,136 19,232 4066 ~oan interest 15,295 8,485 4072 ~S, ale of Property 4075 ,~ental Income 123,393 4076 ~l~eimbursements 1,143,063 4090 ~perating Transfers In 955,000 TOTAL REDEVELOPMENT FUND 2,382,367 30,000 64.1% 30,000 14,000 60.6% 14,000 90,000 180,000 180,000 125,682 125,682 125,682 404,000 2,645,680 15.3% 2,808,055 162,375 647,819 2,869,680 22.6% 3,157,737 288,057 6.1% 10.0% ACCT NO 380 DEBT SERVICE FUND 4015 -Tax Increment 4065 +l,kvestment Interest 4092 -[~eferred Passthrough 4093 +,~dvances from Other Funds 4800 +Bond Proceeds TOTAL DEBT SERVICE FUND FY 00-01 FY 01-02 FY 01-02 YTD % FY 01-02 CHANGE % ACTUALS YTD ~12r31/01 ORIG EST OF BDGT REVISED EST IN EST CHANGE 123,503 7,471,000 1.7% 8,336,940 865,940 11.6% 66,866 150,000 44.6% 150,000 2,157,000 (2,157,000) -100.0% 7,440,399 211,908 1,153,119 75,749 8,881,175 37,875 228,244 9,778,000 2.3% 8,486,940 (1,291,060) -13.2% o1~32 midyear-REV 2/26,'2002 TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY FEBRUARY 26, 2002 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:57 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLLCALL PRESENT: 5 BOARD MEMBERS: Comerchero, Naggar, Pratt, Stone, and Roberts ABSENT: 0 BOARD MEMBER: None Also present were Executive Director Nelson, Assistant City Attorney Curley, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of February 12, 2002. MOTION: Board Member Stone moved to approve Consent Calendar Item No. 1. The motion was seconded by Board Member Naggar and voice vote reflected unanimous approval. PUBLIC HEARING 2 Formation of Community Facilities District No. 01-02 (Harveston) RECOMMENDATION: 2.1 Continue the public hearing to the meeting of March 26, 2002. MOTION: Agency Member Stone moved to approve the staff recommendation. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No input. R:minutes.tpfa\022602 1 BOARD OF DIRECTORS' REPORTS No additional comments. ADJOURNMENT At 7:58 P.M., the Temecula Public Financing Authority meeting was formally adjourned to Tuesday, March 5, 2002. ATTEST: Ron Robeds, Chairman Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:minutes.tpfa\022602 2 ITEM 2 APPROVAL CITY ATTORNEY DIR.OF FINANCE ,~/(~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT Temecula Public Financing Authority Executive Director Shawn Nelson March 5, 2002 Community Facilities District No. 01-02 (Harveston) RECOMMENDATION: Continue the public hearing to the meeting of March 26, 2002. BACKGROUND: Due to ongoing discussions with the property owner, recommended that this public hearing be continued. it is ITEM 9 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIR.OF FINANCE ~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council Shawn Nelson, City Manager March 5, 2002 Community Facilities District No. 01-02 (Harveston) RECOMMENDATION: Continue the public hearing to the meeting of March 26, 2002. BACKGROUND: Due to ongoing discussions with the property owner, it is recommended that this public hearing be continued. ITEM 10 TO: FROM: DATE: SUBJECT: APPROVAL CiTY ATTORNEY DIRECTOR Of FINANCE_~____ CITY MANAGER CITY OFTEMECULA AGENDA REPORT City Manager/City Council /J~J/~William G. Hughes, Director of Public Works/City Engineer March 5, 2002 Pala Road Funding Agreement PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: Approve an Agreement between the City and the Pechanga Band of Luiseno Indians for Purposes of Funding the Interim Improvements to Pala Road, and authorize the Mayor to execute the Agreement. 2. Adopt a Resolution entitled: RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT BETVVEEN THE CITY OF TEMECULA AND THE TEMECULA BAND OF LUISENO INDIANS, FEDERALLY RECOGNIZED AS THE PECHANGA BAND OF LUISENO INDIANS FOR THE PECHANGA RESERVATION, FOR THE FUNDING OF INTERIM IMPROVEMENTS TO PALA ROAD" BACKGROUND: The City's General Plan calls for the ultimate widening of Pala Road to six lanes from State Route 79 South to Via Gilberto, and to four lanes from Via Gilberto to Wolf Valley Road. The City is also proposing to construct a sound wall on Pala Road from Clubhouse Drive to Via Eduardo. On January 23, 2001, the City Council approved the final Environmental Impact Repod for the Wolf Creek Specific Plan, which includes the permanent improvements. At this time, the design for the permanent improvements is 70% complete, with environmental and right of way clearances remaining. However, to help ease traffic congestion and improve emergency access along Pala Road on a more immediate basis, the City and the Pechanga Band of Luiseno Indians have proposed a Phase I widening project consisting of: (1) modification of the traffic signals at the intersections of Pala Road with Loma Linda Road, and Pala Road with Wolf Valley Road; and (2) widening Pala Road from two lanes to four lanes from Clubhouse Drive to the Pechanga Casino with left turn lanes at each intersection. The interim improvements will occur within the existing right of way, along the northeast side of the existing roadway. On January 8, 2002, the City Council approved a Negative Declaration and Environmental Report for the proposed Pala Road Phase I Improvements, Project No. PW99-11. R:\agdrpt\02\0305\Pala RdAgrm nt. Pechanga 1 The attached Agreement represents the mutual efforts between the City and the Pechangas to fund the Pala Road Phase I Improvements, including the construction of a sound wall from Clubhouse Drive to Via Eduardo. Pursuant to the Agreement, the Pechangas have agreed to donate to the City of Temecula a total fixed sum of $4.4 million (in phases) towards the Phase I Improvements and the Pala Sound Wall, with the understanding that the City will retain other funding through the Wolf Creek CFD, AD 159, and Federal grant sources to complete the Pala Road permanent improvements. Upon execution of the Agreement, the City agrees to award a contract for construction of the Phase I Improvements on or before March 31, 2002, with the completion of the work on or before July 1, 2002. The design of the sound wall will run concurrent with the process of constructing the Phase I Improvements, and the Agreement provides for award of a sound wall construction contract in 2002. The expansion of the Pechanga Casino and new hotel is expected to be completed early in the summer of 2002. FISCAL IMPACT: The Pala Road Phase I Improvements and Pala Sound Wall will be funded by the Pechangas as pad of the $4.4 million they have committed towards the ultimate improvement project in accordance with the terms of this agreement. ATTACHMENTS: Resolution No. 2002- Exhibit A - Pala Road Funding Agreement R:\agdrpt\02\0305\PalaRdAgrmnt. Pechanga 2 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA BAND OF LUISENO INDIANS, FEDERALLY RECOGNIZED AS THE PECHANGA BAND OF LUISENO INDIANS FOR THE PECHANGA RESERVATION, FOR THE FUNDING OF INTERIM IMPROVEMENTS TO PALA ROAD" THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. The Pechanga Band is a sovereign Indian Nation recognized by the Government of the United States; b, The City is a municipal corporation duly formed and operating under the laws of the State of California. c. The City's General Plan calls for the ultimate widening of Pala Road to six lanes from State Route 79 South to Via Gilberto, to four lanes from Via Gilberto to Wolf Valley Road. The City also proposes the construction of a sound wall on Pala Road from Clubhouse Drive to Via Eduardo. d. The City and the Pechanga Band recognize the need to improve traffic circulation and emergency access along Pala Road on a more immediate basis. e. The City and the Pechanga Band have proposed a Phase I widening project consisting of: (1) modification of the traffic signals at the intersections of Pala Road with Loma Linda Road, and Pala Road with Wolf Valley Road; and (2) widening Pala Road from two lanes to four lanes from Clubhouse Drive to the Pechanga Casino with left turn lanes at each intersection. The project includes the design and construction of a sound wall from Clubhouse Drive to Via Eduardo. f. The Pechanga Band has agreed to donate to the City of Temecula a total fixed sum of $4.4 million towards the Phase I Improvements and the Pala Sound Wall, with the understanding that tl~e City will retain other funding and complete the Pala Road permanent improvements. Section 2. The City Council hereby approved that certain agreement entitled "Agreement Between the City of Temecula and the Temecula Band of Luiseno Indians, Federally Recognized as the Pechanga Band of Luiseno Indians of the Pechanga Reservation, for the Funding of Interim Improvements to Pala Road" and authorizes the Mayor to execute the Agreement on behalf of the City in substantially the form attached hereto as Exhibit A. Section 3. matter required by law. The City Clerk shall certify to the adoption of this Resolution in the PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 5th day of March 2002. R:~agd rpt\02\0305\PalaRdAgrmnt. Pechanga 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2002-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 5th day of March 2002, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 Susan W. Jones, CMC, City Clerk R:~agd rpt\02\0305\PalaRdAgrmnt. Pechanga 4 EXHIBIT A PALA ROAD FUNDING AGREEMENT R:\agdrpt\02\0305\PalaRdAgrmnt. Pechanga 5 MAR-Ol-~00,~ 1~: 13 ~ROM TO 19096941~99~ P. 0~/09 AGIZ~gMENT BETWEEN ~ CITY OF TEMECULA AND THE TEblEC~ BAND OF LIIISEI~O MISSION ~S, ~E~Y ~COG~Z~n ~ PE~GA ~ OF L~E~O ~S~ON ~S O~ ~ PE~GA ~RVA~ON, FOR ~ OF ~ ~RO~S TO P~ RO~ This Agreement i~ male and en~,ed into as ofMmr, h 5, 2002 by and betw~m the Tcmecula Band of Luisefio Mission Ind/ans, Federally Recolpfized as ~ho Pechanga Band of Luiselto Mission Infliom of the Pecbanga Rescrvation~ ("Pcchanga Band") and the City ofTemecula C'CiV/'), Now, therefore, in comiderafion of the mutual promises set foff~h hcrein, Pc~ga Band and the City do hereby a~ree as follows: 1. R~itals. This Agreement is made with r~aect to th~ following faC~ a~l purposos which the pm'ties h~e~o agree are ~ and con, ct: a. The Pochanga Band is a aoverdgn Indian nation ~ecognized by the Governm~t of the United States. b. The City ks a manidpal corpormion duly formed and operating under the laws of thc State of California. C. The City owns al~ malnin;n~ PI~ Road [~W~{~ S~e ROU~ 7~ ~ ~ · e ~ ~ of ~c ~ T~ ~ of ~e P~ ~on ~ T~'~, wMch r~ c~ ~i~ of~o ~c lm~ ~ ~y 7~ ~ WoW V~l~ia ~ ~s ~ ~ no~ ~d l~e ~ of ~ Kc~y Tr~. ~ ~ '~a Ro~ ~ u~ M ~s ~t ~ not ~d~ ~y ~ or ~ffio~ ~f ~hln ~ ~ of~c P~ ~o~ ~,ai~ b~ ~t l~i~ ~ ~ ~ ~ of r~way ~ to P~ R~ ~thln~ ~ ~ ~ of ~ Ke~ T~ ~ of ~ P~a ~.m~ent ~, d. The City sh~ll commit to eompl~on Pala Road according to the Cites General Plan currently in offcct which calls for: (1) The widcnin$ of Pala Road to six lanes from State Route 79 South to Via C, ilbex~, to four lanc~ fi'om Via Gilbmo to Wolf Valley Road; and (:2) the comU'ucfion a aound wall on Pala Road from Clubhouse Drive to Via Eduardo ("P~la Road Permanent lm.nrovements'). e. City propos~ to ~o~truct the first pha~ ("Pha~ I Improvements") of the Pala Road Permanent Improvement$ wlfich will consist of: (1) Modification of the frame sigmls at the intersections of Pala Road with Loma Linda Road and Pala Road with Wolf Valley Road; and (2) widening and re-striping as necessal'y of Pala Road from two lanes to four lane~ from Clubhouse Drive to the boundary of the Kelsey Tract with left turn lane~ at cach [n~.rsection. Tho widening of Pala Road will oe~alr within tho ~ fight of way for Pala Road. 6~4538.2 February ~, 2002 -1- ~:~-01-21~12 15:14 FEDH TO 1c:j~:J~941c~:21~ p. ~ f. The City also proposes to en~lruet the so~,d wall otl Pala Road from Clubhouse Drive to Via Eduardo pursuant to this Agr~ment ("Pala Road Somad Wall"). g The Pechanga Band deaire~ to m~ke a fixed sulll dmlation (see S~iion 3, infra,) to ~e City for the co.in, ion of the Phase I Improwmenls end PaLs Sound Wall portions of the Pala Road Permanent Improvements with the underslauding t~al: i. the City will oblain other funding a~d enmplcte the Pa,la Road Pemum~t Improwments; and ii. thc City will not seek additional fu~din~ for ~he Pala Road Pomanent Improvements from the pe~han~.~a Band, h. On January 8, 2002, th~ City Council of the City of Temecula approved a Negative Declaration end Envtroum~tal Report for the proposed Pala Road Phase 1 Improvements, Project No. PW99-11. On Janua~' 23, 2001 th~ City Council approved and certified the Final Enviromn~ltal Tmpac~ Report for the Wolf Creek Stl~ifi~ Pla~ which includes ~ Per~,~t Improvemeata for Pala Road. 2. Obligations of CiW. City agrees to un&n'take the following with respect to the design and ~nstruction of the Pala Road Fr~ii~anent Improvements, including but not limited to the Phase I Improvcmems and Pala Road Sound Wall: a. City shall desitn the Pala Road Permanent Improvements, incl.4!ni but not limlt~d to ~ Phase [ lm~ven16~ end tho Pala Road Sound Wall, b. City shall completo the consmiction of the Phase I Imr~ovements on or bofor~ July 1.2002. c. City shs. II use its b~ cffoC~ to award a contra~t for the desi~ of the Pala Road Sound Wall on or b~fore Mamh 31, 2002, whichcoal~aot shall provid~ for completion of desig~ documents so that th~ City Council may award the com~acl for ennsmiciion ofth~ Pala Road Sound Wall in 2002. d. City shall 8dmini~ th~ c. onil'aff~ for coll,~ruc~on of the pala Road Permanent Improvements. includ/n~ but not limit, ed to the Pha~ I Improvements and the Pal~ Road Sound Wall. e. City shall obt~i~ all necessary right of way for ~ Pala Road Permanent IIIlprov~n~lts, including ~ not limited to the Phar~ I Im?x'oYem~nts arid the Pala Road $ouad Wall. f. City shall be r~aponsible for hhe payment of ali costs ofd~sign, fight ofway, construction administration, and ~o~ax~ion of the Pals Road Permanent Improvements, includ~ but not limited to th~ Phase I Improvements aad the Pala Road Sound Wall in ~4538.2 F~uary 25, 2002 -2- excess of ~ donations by the Pechanga Band which am described in Section 3 of this A~emenI. The Parties acknowledge and a~ree that: The don~6~n of the Pechanga Band is a fixed sum and shall not be ii. City h relying upon the donation of the Pechanga Band ia fund said iii. City has an obligation to complete the Pala Road Permanent Improvements, r~cll~ss of the source of funding; iv. The City will not sw, k additional fm~din~ for the Pala Road Pennanant Improvements from the Peehanga Band; ami v. City shall not reduce L~ scope of thc Pala Road Improvements without prior written approval of the Pe~l~a Band. g~ City shall be solely responsible for the p~A~-tenap.~ of Pats Road within its jurisdiction once the Phase I and Permanent lm.m~ovemants am completed. h. City shall provide to the Pechanga Band a complete copy ofall dratt and final designs, plans, and specifications, including bu~ not limited to ml)om, Illips, drawill[~ and ~,~-~e orders within seven (7) days of production and availability to th~ City. 3. Obliesfions of Pechapea Band. Pechanga Band agrees ia donate ia the City of Tent~cula ~hc ~olal fixed sum of four million four hundred lhousand dollars ($4,400,000.00) over ~he ~erm of this Agrv~ment towards the Phase I Improvemeuts and Pala Sound Wall, subject ia the payment dislribtuion schedule set forth in this Agreement ~- Withln ten (10) days of the approval and signing of this Agreemem by the City Council of the City of Temccula ("City Council") and Pechanga Band, the P~mnga Band shall pay to the City thc sum of nine hundred thousand dollars ($900,000.00) of which seven hund~d thousand ($700,000.00) shall be devoted to Pah goad Phase I Imgrownents a~d two hundred thousand dollars ($200,000.00) shall be devoted to th~ design of thc Pa~a Road Sound Wall. b. Pechs-~ Band shali pay ia thc City the san of one m!!!ion eight hundred tho, _~ud dollars ($1 ,g00,000.00) on or before the City Council acts to award ~ conlra~t for construction of the Pala Road Sound Wall. The parties estimnte thc award of the PalaRoad Sound Wall construction comract will occur in September 2002, City shall cooperate with the Pechanga Band to keep it adviscd of the status of the design of the Pala Road Sound Wall, thc issuaucc of the Req~lest for Bids and estimated datc of City Council award of the consh~uc~ion contract. 684538.2 Felnua~y ~.5, 2002 -3- t'IRR-01-2E~2 iS: 14 FI~:~'I TO :tgO9694t999~ P.t~5/B9 c. Pechanga Band shsll pay the remsin;ng sum of one million s~wn hundred thousand dollars ($1,700,000.00) to ~he City on or b~for~ ~ City Council ~ to award thc conlract for constru~on of the Pala Road Po'manent lrn.nrovments. The parties do ~ot yet have an es~nate for the award of the Pala Road Pej.i~,~n,,nt lm.~rovemunts constmclion contract. City shall cooperate with ~he Pecbanga Band to keep it advised ofthc status ofthe dcsig~ of the Pala Road Permanent Improvements, thc issuance of thc Request for Bids and estimated date of City Council award of the constrt~on coneaeC d. Nothin! in this A~re~m~at i~ intanded to, and this Agreement shall not t~ comstmed to, ~nt to: L tl~ Pechanga Band any ownership or other real propctty interests in Pala Road outside the boundaries of thc Peclumga Resennstion; or il. the City any ownership or other real property interests in roadways or portions thereof within the boundaries of the Pechanga Reservation, inch wling bul not limited to roadways otherwise comlllonly called Pals Road. 4. Terns, This Agteeme~ shall commen~ un Magh 12, 2002 alld shall rem*in ag1 continue in effgt until tasl~ described lg. gln ag completed, but in ao cve~t later th~n January ~ 1.2012 unless sooner te~miaagd p~t to the provisions of~ Agr~m~t. 5. Indemnification. a. The City agrees to defead, indanmigy, protect and hold harmless the Pechanga Band, its officers, officials, and employees fi'om and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expe~t wilness fees, or liability of any kind or nalure which the Pechanga Band, its officers, ageo~ and employees may stiSt,ln or incur or which may be im.no~ tkoon thcll~ for injury to or death of persons, or damage to property arisiI~g o~t of City's negligent or wrongful acts or omi~ions arlsln~ out of or in any way rol~!~ to the porformanc~ or non-performance oft_bi, Agreement, excepting only liability aiVibutable to the active negligence of the Pechanga Band, b. This indamnl~ incl,rl~,, but is not limited to, any repair, cleanup, remediation, detoxification, or Ixeparalion and implemlmtation of any ~aoval, remedi_s.!, response, closure or other plan (regardless of ~ undeiV, ken due lo governmental action) concerning any hazardous substance or hazanlous wastes including petroleum and its fractions as defined Lu the Comprehensive Environmental Response, Compe~salion and Liability Act ['CF_RCM"; 42 U,$.C. Section 9601, et sea. I, the Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 ~ and California Health and Safety Code Section Code S~tion 25280 ol sea. at any place where City owns or hss conlrol of real pmpcrty pursuant to any of City's activities under this Agreement. The foregoing imiemoity is intended to operate as an agrcement pursuant to Section 107 (e) of CERCLA and Cali- 6845353 Febmm7 25, 2002 M~R-O1-20~2 1S: 15 FRDM TO for/ia Health and ~f~' Code S~--6on 253~4 to assure, prote~ hold hannles~ and inck, m ni~y · Pechu~,a Band from liability. 6. g~foreedl)elaw In addition to specific provisions of th/s ~ perform/moo by Oi~ ~ here~ ~hall not be c~-m~ to be in default, and all performan~ and other dates specified in this Agreemmt shall be extlmded, whexe pan'y seeking the ~xtension has acted dilig~tly and delays or defaults ~e due ~o events beyond the reeso~able control of the party such as but not limited to: war; ~on; strikes; lockouts; dots; floods; earthquakes; fires; casuaMes; acts of God; ac~s of the public enemy; epidemics; quarautine resU-ictions; freight cmbargocs, lack of transportation; li~i~ion; unusually severe weather; or nuy other c~uses beyond · e control or without the fault of the party claim~ an ext~ion of lime to perform. Notwithstanding anything m the cunlr~ in ~ds Agreement, an ~itsion of time for my such cause shall be for the period of thc enforced delay a~l shall commence to run from the lime of the commencement o£ the cause, it'notlce by the part~ dair/fillg such exumsion is sent to the other party withi, thirty 00) days of ~c commeneemenl of the cause. Time~ of performance ~nder this Aille.~n~nt may also be ex~ad~ in writ/nE by the mural alp'esme~t of the City Manaler and the 7. Notiees. Any notices which either party may desire to sire to the other party under this Al~-rnent must be in writing and may be given eifl~er by (i) tgrmml sewice, (ii) delivery by a reputable document deliver/service, such as but not limited to, l%derul Express, that ~ a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, c~ified mall, postage prepaid, return receipt requested, addressed to ~ addu~s ofth~party as set forth below o~ at any other addr~s as that paW/may later d~si/nate by Notice. Nollc~ shall be effective upon delivery to ~he addresses specified below. P~ Tribal Council Re: Pala Road Post Ofllce Box 14T7 T~mecul~ Co. 92593 Via FedEx or Personal ]~elivo'y: Pechnn~ T~ibal Council Re: ?ah Road 12705 Pech~%~a Temecula, C~. 92592 To City: Ci~ of Tem~cu~ 43200 Business Park Drive Temecula, California 92590 Attention: CiVJ Ivlamger 2002 I~d~-01-2~, 15: 1S ~F~ TO 1~3c~o~1~~ P. 8. Valid and Bindlna At, reemeut. The City agrees that this Agreement is legal, valid ami binding and is enforceable .~in~t thc City in ~ with its terms and applicable law, The Pechanga Band agrees that this Agreement is legal, valid and binding and is enforceable against thc Pechmga Bend in accordance with the ts~ms of this Agreement 9. Govern lnz Law. The City aud Po'han!~a Baud und~-stend ami agr~ that federal law and thc laws of the State of California ,hal! govern the rights, obligations, duties and liabilities of+he City and shall also govern the interpretation of this Agreement Nothing in this Agreem~t is intended or shall b~ ima'pre~ to wa/we ~he sow-~/gn immunity of tl~ Pechansa Baud, eny of its sove~i~n immurte entit~es formed under Pech~ga ~ibal law, or their officers, agents, or employes. I0. Mediation ofDislmtes: Terminslion/LitiRafion. Any dispute between ~he pat~es as to interpretation or enforcement of this Agreement shah be resolved first by good faith negotiations bet~.~n the parties and thela by non-binding mediation between the parties with n fair and impartial mediator selected by areco~i~¢d medialion service. Such ~gotlatiens aad mediation are conditions prec, edcnt to tho telmimllion of this Agr~,,ulent by either par~ for brea~h of the Agreement and to thc filing of any litigation conc~lfing lifts Agreem~t. 11. Litin~tlon. Any lltigation concerning this Agreement ~hnll tekc place in the fedc~ district court with jurisdiction over the City of Temcofln In ~e event such litigation is filed by one party ~ ~t the other to enforce its rights under this Agreeme~, the prevailing pan'y, as detennim:d by thc Court's judgment, shall be entitled to reasonable mtorncy fees at~d litigation exp~.~s for the relief granted. The City acknowledges and agrees that this Section d~cs not, in any m~emer, waive thc sowrdgn immunity of thc Pec~-n~ Baud, any of its sove~ign immune entities formed under Pee, hallga tn'bid law, or their offie~r~, agents, or employees. 12. l[nte~ratiou Clause, This Agreement contaim the enllre ~ding between the panics relating to the obligations of tho pa~ties described in this Agreeanunt. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement end ~h~ll lac of no fiuther force or effect Each pray is entering into this Agreement based solely upon tho representations set forth hereiu and upon each partes own i~pend~nt investigation of any ,_nd.all facts such party deems material. 13. AuthoriW to Ex.ute Am, eement, Thepet~onorpersonsexeenfingthlsAgreement on behalf of Pcohanga Band and the City, respectively, warrant and represent that he or she has the authority to execute this Agreemm on beh~l~ofhis or her respective principal and ~ tl~ authority to bi~d the party to the performance of its obligations her~aud~r. The Pech~n,,o, Band ~ and represents lo the City that no other gov~ament official or government body is ~equired to bo obtained prior to thc effeotive da~ of this agreement. 14. Drafth~s, of Am'eement. Agreement through its legal counsel. The City acknowladSes that it bas drafted this IIII 684538.2 FSonuw/~, 20O2 TO lCj~,~q, lO~,~:t IN WITNKSS W~[ERF, OP, ~e patties hereto lucre ~ thi.~ Agreement to bc exec~xted at Tem~ul~ Cnliforllia o~. ~ day and y~r fit~t ~bove wfitt~ TEM~CULA BAND 01~ LUiSF.~O i~DIANS~ FKDEIO, LI.Y R~COGNW,~D AS PECHANGA ~ OF LUISE~O INDIANS O1~ TI~ PECHANGA I~8F..RVATION Mark A. Mac~u T~ibul Chairman Att;st: Tn~l Sect~-t~y Approved as to Form: John Maee~o General Coun~l 6~4538.2 Fe~ 25, 2002 MAR-01-2002 1S: 16 FROM TO 19096941999~ P. 09/09 CITY 01~ TEM~CULA Pon P. obms Mayor Attest: Sus~a Jones, CMC cit~ c~ Approved As to Fonm Pot~r M. Thomson Ci~ A~r~,y G84~$8.2 Febru~ 2~, 2002