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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
COMMUNITY RECREATION CENTER
30875 RANCHO VISTA ROAD
SEPTEMBER 12, 1995- 7:00 PM
6:30 PM - Closed Session of the City Council pursuant to §54957.6' Conference with Labor
Negotiator Grant Yates regarding Professional and Confidential'Employees and General.
Employees
At approximately 9:45 PM, the City Council will determine which of the remaining
agenda items can be considered and acted upon prior to 10:00 PM and may
continue all other items on which additional time is required until a future meeting.
All meetings are scheduled to end at 10:00 PM.
Next in Order:
Ordinance: No. 95-13
Resolution: No. 95-77
CALL TO ORDER:
Mayor Jeffrey Stone presiding
Invocation:
Pastor Mike Brisson, Cornerstone Community Church
Flag Ceremony:
Presented by Paul Revere Division - UoS. Naval Sea Cadet Corps
Under the direction of LCDR Ray Kemp, Commanding Officer
ROLL CALL:
Birdsall, Lindemans, Parks, Roberrs, Stone
PRESENTATIONS/
PROCLAMATIONS
Pollution Prevention Week'
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public can address the Council on
items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited
to two (2) minutes each. If you desire to speak to the Council on an item not listed on the
R:~a, eende%091296 I
Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out
and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak' form must be filed with the City Clerk
before the Council gets to that item. There is a five (5) minute time limit for individual
speakers.'
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
4
296
Standard Ordinance Adootion Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
Minutes
RECOMMENDATION:
2.1 Approve the minutes of August 8, 1995.
2.2 Approve the minutes of August 22, 1995.
Resolution Aoorovina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Americans With Disabilities Act Transition Plan
RECOMMENDATION:
4.1 Adopt the Americans With Disabilities Act Transition Plan.
2
5
6
7
8
I-15/I-215 Joint (Temecula-Murrieta) Corridor Planning Study- Contract Award to DKS and
Associates. Inc.
RECOMMENDATION:
5.1 Award Professional Services contract for I-15/I-215 Joint (Temecula-Murrieta)
Corridor Planning Study to DKS and Associates, Inc.
Parcel MaD 28122 (located east of Meadows Parkway, between Rancho California Road
and Rancho Vista Road)
RECOMMENDATION:
6.1 Approve Final Parcel Map 28122 subject to the Conditions of Approval.
Murrieta Creek (First Street BridQe) Flood Plain Study and Tooograohv
RECOMMENDATION:
7.1 Approve Contract Amendment No. 2 to an existing Contract with Norris-Repke, Inc.
for additional mapping and Hydrology Study for the First Street Crossing of Murrieta
Channel, and the Old Town Area.
Joint Project FundinQ Aareement (Pala Road Bridge/Sewer)
RECOMMENDATION:
8.1
Approve the Joint Project Funding Agreement (Pala Road Bridge/Sewer) between
the County of Riverside (AD 159) and the City of Temecula.
Award the Contract for the Solana Way Storm Drain Improvements, Proiect PW95-03
RECOMMENDATION:
9.1
Award a contract for the construction of the Solana Way Storm Drain
Improvements, Project No. PW95-03 to Floyd Johnston Construction C., Inc. for
$180,490.00 and authorize the Mayor to execute the contract.
9.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of 10% of the contract or $18,049.00.
10 Design Services Contract - City Maintenance Facility
RECOMMENDATION:
10.1
Award a design services contract of $53,860 to W. Dean Davidson, Architect for
the preparation of the schematic design drawings, construction documents, and
project administration for the City Maintenance Facility.
R:%Agende%091296 3
11
12
ADDrOyal Of Contract Services Aqreement
RECOMMENDATION:
11.1 Approve contract service agreements for Esgil Corporation, Vandorpe Chou
Associates, Ray Grage and Associates and Robert Bein, William Frost and
Associates to provide plan check services to the Building and Safety Department.
Out of State Travel
RECOMMENDATION:
12o I Authorize certain out-of-state travel plans.
13
Second Readinq of Ordinance No. 95-12
RECOMMENDATION:
13.1 Adopt an ordinance emitled:
ORDINANCE NO. 95-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF THE
DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND VAN
DAELE 79 VENTURE, LTD. FOR FINAL TRACT MAPS NO. 22716-FINAL, 22716-2,
22716-4 AND TENTATIVE PARCEL MAP 28122 WITHIN SPECIFIC PLAN NO. 199
RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING,
.. TEMECULA REDEVELOPMENT AGENCY MEETING,
JOINT MEETING OF THE CITY COUNCIL AND TEMECULA REDEVELOPMENT AGENCY, AND
OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING
R:~A, genda~091286 4
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 95-01
Resolution: No. CSD 95-07
CALL TO ORDER: President Ronald H. Roberts
ROLL CALL: DIRECTORS: Lindemans, Birdsall, Parks, Stone, Roberrs
PUBLIC COMMENT:
A total of 15 minutes is provided so members of the public can address the Board of
Directors on items that are not listed on the Agenda or on the Consent Calendar. Speakers
are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an
item not listed on the Agenda or on the Consent Calendar, a pink 'Request to Speak'
form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a 'Request to Speak' form must be filed with the City Clerk
before the Board of Directors gets to that item. There is a five (5) minute time limit for
individual speakers.
Anyone wishing to address the Board of Directors, should present a completed pink "Request to
Speak" to the City Clerk. When you are called to speak, please come forward and state your
name and address for the record.
CONSENT CALENDAR
I Minutes
RECOMMENDATION:
1.1
1.2
Approve the minutes of August 8, 1995.
Approve the minutes of August 22, 1995.
GENERAL MANAGERS REPORT - Bradley
DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson
BOARD OF DIRECTORS REPORTS
ADJOURNMENT: Next meeting: September 26, 1995, 7:00 PM, Community Recreation Center,
30875 Rancho Vista Road, Temecula, California.
R:~kgendm~g1296 S
TEMECULA REDEVELOPMENT AGENCY MEETING
Next in Order:
Ordinance: No. RDA 95-01
Resolution: No. RDA 95-06
CALL TO ORDER: Chairperson Ronald J. Parks presiding
ROLL CALL:
AGENCY MEMBERS: Birdsall, Lindemans, Roberrs, Stone, Parks
PUBLIC COMMENT:
A total of 15 minutes is provided so members of the public can address the Redevelopment
Agency on items that are not listed on the Agenda or on the Consent Calendar. Speakers
are limited to two (2) minutes each. If you desire to speak t0the Agency on an item not
listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should
be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the City Clerk
before the Agency gets to that item. There is a five (5) minute time limit for individual
speakers.
CONSENT CALENDAR
I Minutes
RECOMMENDATION:
1.1 Approve the minutes of August 8, 1995.
1.2 Approve the minutes of August 22, 1995.
Professional Services with Albert A. Webb Associates for Desion of the Sixth Street
ParkinQ Area
RECOMMENDATION:
2.1 Award a Professional Services Contract of $53,695.00to Albert A. Webb
Associates (Webb) to provide design services for the Sixth Street Parking Project.
R:~e~enda%091296 8
AGENCY BUSINESS
3 AODrOOriatiOn and Authorization to Release Funds for Old Town Soecific Plan Billboard Sian
Lease
RECOMMENDATION:
3.1 Appropriate $15,000 to Redevelopment Agency Account No. 280-199-999-5264,
and authorize payment to the Old Town Temecula Mainstreet Association for the
Old Town Specific Plan Billboard Sign Lease.
Desjan of Western Style Logo for Old Town
RECOMMENDATION:
4.1 Provide staff direction on a process to select a Western Style Logo for Old Town.
4.2 Appoint two Councilmembers to the Logo Selection Committee.
4.3 Authorize and Appropriate $1,500 from the Redevelopment Fund Balance for the
Western Style Logo for Old Town.
4
6
PlanninQ and Buildine Fee Reimbursement
RECOMMENDATION:
5.1
Appropriate $30,000 from the Redevelopment Fund Balance for Planning and
Building Fee Reimbursement for Structures on the Old Town Local Historic Register
and participants in the Facade Improvement Rebate and Non-Conforming Sign
Removal Programs.
City of Temecula Marketina Plan
RECOMMENDATION:
6.1 Approve the City's Marketing Plan:
6.2
Authorize the Executive Director and City Attorney to draft and execute a contract
with Zanville Associates for tourism marketing services;
6.3
Appropriate $24,450 from RDA fund balance to Economic Development and
$13,500 to RDA salaries.
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBER'S REPORTS
R:%Aee~cle%Og 1286 7
RECONVENE AS A JOINT CITY COUNCIL AND
TEMECULA REDEVELOPMENT AGENCY MEETING
7 Resolutions AuthorizinQ Formation of Two Joint Exercise of Powers Authorities with the
Redevelooment AQency of the City of Temecula
RECOMMENDATION:
7.1 That the City Council adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING FORMATION OF TWO JOINT EXERCISE OF POWERS AUTHORITIES
WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
7.2 That the Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 95-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
AUTHORIZING FORMATION OF TWO JOINT EXERCISE OF POWERS AUTHORITIES
WITH THE CITY OF TEMECULA
7.3 That the City Council authorize the execution of a Deposit/Reimbursement
Agreement by and between the City of Temecula on behalf of the Old
TownANestside Community Facilities District Financing Authority/Community
Facilities District No. 1, and T.Z.B.G. for the reimbursement of costs in connection
with the issuance of bonds.
ADJOURNMENT OF TEMECULA REDEVELOPMENT AGENCY MEETING
Next regular meeting: September 26, 1995, 7:00 PM, Community Recreation Center, 30875
Rancho Vista Road, Temecula, California.
RECESS CITY COUNCIL MEETING AND CONVENE
A MEETING OF THE OLD TOWN/WESTSIDE COMMUNITY
FACILITIES DISTRICT FINANCING AUTHORITY
R:%AOenda%091296 8
OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
Next in Order:
Resolution No.: No. FA 95-01
CALL TO ORDER:
ROLL CALL:
President Jeffrey E. Stone
Birdsall, Lindemans, Parks, Roberts, Stone
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Council on
items that are not listed on the Agenda. Speakers are limited 'to two (2) minutes each. If
you desire to speak to the Council about an item 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 and address.
Resolution AdootinQ Local Goals and Policies for Community Facilities Districts
RECOMMENDATION:
1.1 Adopt a resolution entitled:
RESOLUTION NO. FA 95-
A RESOLUTION OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES
DISTRICT FINANCING AUTHORITY ADOPTING LOCAL GOALS AND POLICIES FOR
COMMUNITY FACILITIES DISTRICTS
1.2 Adopt a resolution entitled:
RESOLUTION NO. FA 95-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO
ESTABLISH A COMMUNITY FACILITIES DISTRICT NO. I AND TO AUTHORIZE THE
LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982
R:~e~ende%O91296 9
1.3 Adopt a resolution entitled:
1.4
1.5
RESOLUTION NO. FA 95-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO
INCUR BONDED INDEBTEDNESS OF THE PROPOSED OLD TOWN/WESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY
FACILITIES DISTRICT NO. I (OLD TOWN AREA PUBLIC IMPROVEMENTS)
PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982
Adopt a resolution entitled:
RESOLUTION NO. FA 95-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO
ESTABLISH A COMMUNITY FACILITIES DISTRICT NO. 2 AND TO AUTHORIZE THE
LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982
Adopt a resolution entitled:
RESOLUTION NO. FA 95-
A RESOLUTION OF THE BOARD OF DIRECTORS OF OLD TOWN/WESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO
INCUR BONDED INDEBTEDNESS OF THE PROPOSED OLD TOWN/WESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY
FACILITIES DISTRICT NO. 2 (WESTSIDE AREA PUBLIC IMPROVEMENTS)
PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982
ADJOURNMENT
Next regular meeting: September 26, 1995, 7:00 PM, Community Recreation Center, 30875
Rancho Vista Road, Temecula, California.
R:%A~enda%091286 10
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARINGS
Any person may submit written comments to the City Council before a public
hearing or may appear and be heard in support of or in opposition to the approval of
the project(s) at the time of hearing. If you challenge any of the projects in court,
you may be limited to raising only those issues you or someone else raised at the
public hearing or in written correspondences delivered to the City Clerk at, or prior '
to, the public hearing.
14
Plannino Aoolication No. 95-0066 (Variance) - Aooeal
RECOMMENDATION:
14.1 Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, UPHOLDING
THE DECISION OF THE PLANNING COMMISSION, DENYING PLANNING
APPLICATION NO. PA95-0066 TO PERMIT A FIFTY-FIVE (55) FOOT HIGH
FREESTANDING FREEWAY ORIENTED SIGN LOCATED. AT 29105 FRONT STREET
AND KNOWN AS ASSESSOR'S PARCEL NO. 921-1104330
COUNCIL BUSINESS
15
16
Community Services Fundina Reouest Recommendations
RECOMMENDATION:
15.1 Review and approve the Community Services Funding requests, as recommended
by the Community Services Committee, for fiscal year 1995/96 in response to the
applications received from community based organizations.
Discussion of Itinerate Peddlina in Shoooina Centers
(Placed on the agenda at the request of Mayor Stone - discussion item only)
R:%/~eerde%O91296
11
17 Temecula Library
RECOMMENDATION:
17.1
Approve $12,000 for appropriation from General Fund Balance to the City Council
Department Budget for expenditure to restore a 48 hour operating schedule at the
Temecula Library.
18 Memo of Understandina Concerning Soecific Plan No. 199, BCT/CCL
RECOMMENDATION:
18.1
Approve the Memorandum of Understanding, provided that a construction schedule
for the recreation Center acceptable to the Community Development Director is
added to the MOU prior to execution, and direct the Mayor to execute the
Agreement on behalf of the City and the City Clerk to attest thereto.
19 Votina Delegate - National Leaaue of Cities Conference
RECOMMENDATION:
19.1 Designate a voting representative and an alternate.
20
Award of a Professional Services Contract to Urban Desian S~udio to Prepare Citvwide
Desian Guidelines
RECOMMENDATION:
20.1 Award a Professional Services Contract to Urban Design Studio to Prepare Design
Guidelines in the amount of $37,510.
20.2 Authorize Mayor to Execute Contract and City Clerk to Attest.
20.3 Appoint members to the Design Guidelines Advisory Committee.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: September 26, 1995, 7:00 PM, Community Recreation Center, 30875
R:~genda%081285 12
PROCLAMATIONS/
PRESENTATIONS
The City of Temecula
PROCLAMATION
WHEREAS, the City of Temecula is in favor of a clean and safe environment; and
WHEREAS, pollution prevention focuses on waste prevention, and is therefore the most
favorable and progressive strategy for protecting our environment; and
WHEREAS, pollution prevention can increase efficiency and save businesses money; and
WIIEREAS, pollution prevention offers both environmental protection and increased
competitiveness; and :
WffEREAS, by focusing attention on pollution prevention, the City of Temecula will
meet the challenges of the 90s for economic competitiveness and environmental protection; and
WHEREAS, Pollution Prevention Week is an opportunity for government, industry, and
citizens to work together to plan for a prosperous and sustainable future; ·
NOW, TFIEREFORE, I, Jeffrey E. Stone, on behalf of the City Council of the City of
Temecula, hereby proclaim September 18-24, 1995 Pollution Prevention Week and the City of
Temecula does hereby urge all citizens and businesses of the City of Temecula to participate in
local and regional celebratory and educational activities.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Temecula to be affixed this 12th day of September, 1995.
Jeffrey E. Stone, Mayor
hne S. Greek, City Clerk
ITEM 1
ITEM 2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD AUGUST 8, 1995
A regular meeting of the Temecula City Council was called to order at 7:02 PM at the
Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor
Jeffrey E. Stone presiding.
PRESENT: 5
ABSENT: 0
COUNCILMEMBERS:
Parks, Roberrs, Birdsall,
Lindemans, Stone
COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City
Clerk June S. Greek.
EXECUTIVE SESSION
None.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Councilmember Roberts.
INVOCATION
The invocation was given by Associate Pastor Bonnie Natte from Discovery Christian
Church.
PUBLIC COMMENTS
Sam Pratt, 40470 Brixton Cove, informed the Council he would be submitting a petition
soon on the Ballot Initiative in support of using non-public funds for the Entertainment
Center in Old Town.
Wayne Hall, 42131 Agena, represented the Home Owners Association in Starlight Ridge,
expressed frustration concerning a SCE easement in the Starlight Ridge project. He stated
a problem existed when residents attempted to abate weeds due to gates being locked.
Councilmember Stone recommended Mr. Hall speak with Joe Kicak, Director of Public
Works to work out a solution.
Wayne Hall, 42131 Agena, expressed confusion on Animal Control responsibilities. He
stated many large dogs had been running through Starlight Ridge and residents were
getting the run-around on who to call. He would like to get the word out on who to call.
City Manger Bradley responded that the police department should be contacted if life is
threatened, but, as a last recourse they could call City Hall. The Animal Control telephone
number would be made public through the City's Community Services Bulletin.
Minutes\08\08\95 1
Cynthia Arocha-Kitchel, 44535 Bedford Court, requested installation of a signal at Highway
79 south and Bedford Court which is needed for safe ingress end egress to the parking lot
and submitted 500 signatures of business clients in support of this signalization.
CITY COUNCIL REPORTS
Councilmember Birdsall commented on "Support Your Street" signs posted by the City and
requested staff re-address the size of sign. She feels the letters should be larger and
recommended this be brought back to Council for review.
Mayor Pro-Tem Lindemans reported on his published "Letter to the Editor" regarding
"Council Happenings". He recommended Mayor Stone prepare a similar column on a
monthly basis.
Councilmember Parks presented a report on a conference he attended and recommended
staff research installing hi-tech computer technology in the new City Hall quarters. This
could include E mail which results in a reduction of paper, and is an inexpensive way to get
messages to all staff and information to the community. He requested staff review this
technology.
Mayor Stone thanked more than 50 volunteers who assisted the Temecula Library and
invited interested parties to a meeting on Friday, August 18 to discuss extending Temecula
Library hours. He stated that the City will do all it can to help keep the Library open.
CONSENT CALENDAR
Councilmember Roberts removed item No. 5 from the Consent Calendar.
Councilmember Parks removed Item No. 6 from the Consent Calendar.
Mayor Stone removed Item No. 8 from the Consent Calendar.
It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to approve
Consent Calendar Items 1-4 and 7 and 9-18.
The motion carried as follows:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Parks,
Roberts, Stone
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
]V~xnutes\08\08\95 2
Cit'v Council Minutes
1. Standard Ordinance Adootion Procedure
1.1 Motion to waive the reading of the text of all ordinances and
resolutions included in the agenda.
2. Minutes
2.1 Approve the minutes of July 25, 1995
3. Resolution Aoorovino List of Demands
3.
Adopt a resolution entitled:
RESOLUTION NO. 95-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
City Treasurer's Report
4.1 Receive and file the City Treasurer's Report as of June 30, 1995.
Records Destruction AOOrOval
Approve scheduled destruction of certain records as provided
under the City of Temecula approved Records Retention Policy.
7.1
9. Award of Construction Contract for the Parkview Site Rouah Grading
Improvements (Project No. PW93-09)
9.1
Award a contract for the rough grading improvements, Project
No. PW93-09, to Kunze, Inc. for $277,018.00,and authorize the
Mayor to execute the contract;
9.2
Authorize the City Manger to approve change orders not to
exceed the contingency amount of $27,701.80, which is equal
to 10% of the contract amount;
9.3
Approve a transfer from the General Fund of $64,719.80to the
Capital Projects Fund.
Aoorooriation of Funds for Weed Abatement
10.
10.1
Approve an appropriation of $18,902 to Account No. 001-162-
999-5440, Weed Abatement, for 1994-95 weed abatement
services.
AUL, Ust 8. 1995
]VCmutes\08\08\95 3
City Council Minutes
11.
12.
13.
14.
15.
16.
Aoorooriation of Funds for Plan Review Services
11.1
Approve an appropriation of $27,813to Account No. 001-162-
999-5248, Consulting Services, for 1994-95 plan review
services.
Contact Amendment - Tsutsumida and Associates
12.1
Approve amendment of $22,675 to the design services contract
for Tsutsumida and Associates for the Temecula City Hall
Project.
Pala Park Reimbursement Agreement - Release of Deoosit
13.1
Authorize the release of a $20,000cash deposit to Santa Barbara
86 for the completion of the sewer main line for the Pala
Community Park - Tract No. 21067.
Award
14.1
14.2
of Contract for the Access Ramos - Project PW 95-04
Award a contract for the construction of the Access Ramps,
Project No. PW95-04 to Sean Malek Engineering and
Construction, Inc. for $25,200.00 and authorize the Mayor to
execute the contract.
AuL, ust 8. 1995
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $2,520.00 which is equal to 10% of the
contract amount.
Release Imorovement Bond for Tract No. 19872-F CaD Paving
15.1 Authorize the release of Faithful Performance Bond
construction of cap paving for Tract 19872-F;
15.2 Direct the City Clerk to so advise the Developer and Surety.
Reconvev Parcels in Parcel MaD NO. 22629
16.1
16.2
16.3
for
Authorize reconveyance of three parcels in Parcel Map No.
22629;
Authorize the Mayor to execute the deed for that purpose;
Direct the City Clerk to have the executed deed recorded, and so
notify the Developer.
Minutes\08\08\95 4
Cit~ Council Minutes Aurast 8. 1995
17.
Quitclaim Deed in Tract No. 27827-F (located north of Nicolas Road and east
of Winchester Road)
17.1 Approve the execution of a Quitclaim Deed in Tract No. 27827-F;
17.2 Authorized the Mayor to sign the Quitclaim Deed;
17°3 Direct the City Clerk to record the Quitclaim Deed and notify the
Developer.
18. Beer and Wine License for Temeku Golf Course
18.1 Direct staff to approve a beer and wine license for the Temeku
golf course.
Authorization to Execute Supplemental Aareement for the Use of 21st year
Community Develooment Block Grant Funds
Bob Hemme, Temecula Museum President, 43500 Ridge Park Dr. #203, asked
the Council to consider appropriating Block Gram funds to fund the Sam Hicks
Park Improvements and Tamecula Museum.
Councilmember Robarts questioned the grant allocation recipients from the
Murrieta Valley School District and the City of Hemet. He asked why the City
was funding other agencies. Staff responded that these had been
recommended and approved by Council in February. City Manger Bradley
stated that the rationale for approval could be reviewed and reported to the
Council.
Councilmember Roberts requested a more concise staff report next year
concerning allocation of funds.
Councilmember Parks stated that the two programs in question are available to
Temecula residents as well. He also stated these are viable programs and
stated he had no problem with this recommendation.
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem
Lindemans to approve staff recommendation as follows:
5.1
Authorize the Mayor to execute the Supplemental Agreement for
the 21 st Year Community Development Block Grant Funds.
The motion was unanimously carried.
Minutes\08\08\95 5
City Council Minutes August 8. 199S
Establishins a Time Certain for the Temeculs Community Services District and
the Temecula RedeveloDment Agencv Meetinas
Councilmember Parks expressed concern that the public be aware of exact
meeting times with establishing this schedule.
Councilmember Birdsall stated that the Council will always have the option to
change the agenda in special circumstances.
It was moved by Councilmember Roberts, seconded by Mayor Pro Tem
Lindemans to approve staff recommendation to notice the Temecula Community
Services District immediately following the completion of the Consent Agenda
and the Temecula Redevelopment Agency meeting to follow the Community
Services District meeting.
The motion was unanimously carried.
Transfer of Funds. Develooment Impact Fee (Public Facilities) to Measure "A"
Funds
Mayor Stone expressed concern regarding reimbursement while working with
State and Federal processes. City Manger Bradley responded the City can not
be certain that funds will be reimbursed. He also stated it could take months
for the government to determine eligibility, however the costs are funded since
the budget is submitted ahead of time.
It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to
approve the transfer of funds to Measure "A" Fund as follows:
8.1
Appropriate $254,708 from the Development Impact Fee Fund
(Public Facilities), and authorize the transfer of said amount to
Measure "A" Fund.
This was unanimously carried.
Councilmember Birdsall expressed gratitude to Sierra Heating & Air Conditioning
and Greater Alarm for their donation of inspection services at the new City Hall
saving the City $2,500.
PUBLIC HEARING
19.
Abatement of Hazardous Veaetation from Vacant Lots or Parcels per Ordinance
91-18, Chaoter 6.16
Staff reported there were 1325 posted vacant parcels for non-compliance in
City limits and 226 parcels have been recommended to the City Clerk for
Special Assessments.
Minutes\08\08\gS 6
CiW Council Minutes August 8. 1995
20.
Councilmember Parks asked if the staff had been sensitive to property owners
by giving proper timely notice before clearing the property. Staff responded the
inclement weather had precipitated an early growth, however, owners were
noticed well in advance and were noticed well in advance and wil be noticed 20
- 30 days later next year should this reoccur.
Mayor Stone opened the Public Hearing at 7:45 P.M.
Mayor Stone closed the Public Hearing at 7:45 P.M.
It was moved by Councilmember Parks and seconded by Councilmember Roberts to
approve the resolution as follows:
19.1
Adopt a resolution entitled:
RESOLUTION NO. 95-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING CONFIRMATION OF SPECIAL
ASSESSMENTSAGAINST PARCELS OF LAND WITHIN THE CITY
OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF
HAZARDOUS VEGETATION.
The motion carried as follows:
AYES: 5 COUNCILMEMBERS:
Birdsall, Lindemans, Parks,
Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Ordinance AdootinQ the CMP Land Use Coordination Process ·
Public Works Director Joe Kicak presented the Ordinance according to State
law. Staff recommends approval.
Mayor Stone opened the Public Hearing at 7:50 P.M.
There being none Mayor Stone closed the floor for Public Input at 7:50 P.M.
It was moved by Mayor Pro Tem Lindemans and seconded by Councilmember Birdsall
to approve the staff recommendation as follows:
Minutes\08\08\95 7
City Council Minutes
20.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 95-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE CMP LAND USE COORDINATION
PROCESS
The motion carried as follows:
AYES: 5 COUNCILMEMBERS:
NOES:
Birdsall, Lindemans,
Roberrs, Stone
ABSENT: 0
COUNCIL BUSINESS
0 COUNCILMEMBERS: None
COUNCILMEMBERS:
None
21.
22.
August 8. 1995
Parks,
Mitiaated Negative Declaration for the Construction of Overland Drive between
Ynez Road and Jefferson Avenue; EA-6 Revised
Planning Director Gary Thornhill presented the staff report.
It was moved by Councilmember Parks and seconded by Mayor Pro Tem Lindemans
to approve staff recommendation as follows:
21.1 Adopt a Mitigated Negative Declaration for Environmental
Assessment Number 6 Revised, the proposed construction of
Overland Drive between Ynez Road and Jefferson Avenue.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Roberts, Stone
NOES: I COUNCILMEMBERS: Birdsall
ABSENT: 0 COUNCILMEMBERS: None
Annexation of 310 acres to the City of Temecula by ADDrOving the Plan of
Services and the Environmental Determination; and Consideration of Pre-
Annexation Agreement Between the City of Temecula and Pulte Home
Corporation
Planning Director Gary Thornhill presented the staff report. This request is part
of the Specific Plan that has been approved by the County of Riverside. The
Temecula Planning Commission heard this request on August 7. Mr. Thornhill
also advised the annexation request is conti.ngent upon LAFCO approval.
Minutes\08\08\95 8
City Council Minutes Aum~st $. 1995
Mayor Stone called for a recess to change the tape at 7:59 PM. The meeting was reconvened
at 8:00 P.M.
Mayor Pro Tem Lindemans stated the City has 15,000 homes built to-date and
another 15,000 homes to be constructed prior to build out. He said if build out
occurs within 10 years, the City will expierence a deficit. He stated that the
property tax is not enough to support the City at its current size. He requested
staff to report on the long term benefit on annexing the Sphere of Influence.
Councilmember Parks commented that the applicant has worked hard with city
staff for several months and has made modifications to comply with the
Specific Plan.
Councilmember Roberts asked whet percentage of land is vacant in the city.
Staff responded that 50% of the land has been developed in the City. He also
reminded Council that Pulte at one time threatened to sue if they were included
in the city limits.
Mayor Stone asked City Manager Bradley if he was willing to stand behind the
Fiscal Impact Report. City Manager Bradley responded he would like staff to
analyze the report before making a recommendation to the Council.
Mayor Stone opened the Public hearing at 8:15 P.M.
Sanford Edward, 110 Newport Center Drive, Newport Beach, representing Pulte
Homes, presented the applicant's points of issue. The project will incorporate
various industrial and commercial developments. Pulte Homes now prefers to
be in the City of Temecula rather than unincorporated County area.
Dale Levander, 30429 Via Cambron, Rancho Palos Verdes, prepared the fiscal
analysis and offered to answer questions of the Council.
Mayor Pro Tem Lindemans asked how much it would cost to prepare a fiscal
impact report for the city. Mr. Levander responded it would cost between
$3,000- $5,000.
Mayor Stone closed the public hearing at 8:45 P.M.
Councilmember Birdsall requested Council consider the full picture and what
message is projected to other Sphere of Influence citizens by not approving this
proposed annexation.
Mayor Pro Tem Lindemans stated that Council does have a say in what is
included in the city limits and unless he sees a report that is financially
favorable he is not in favor of annexation of any additional land.
Minutes\08\08\95 9
City Council Minutes Aurast 8, 1995
Councilmember Parks expressed disappointment with Council's comments in
opposition to annexation and believes the feeling of urbanization has been lost.
He also stated that if the City does not allow annexation, Temecula will lose
control of the type of development and density that will take place.
Mayor Stone called for a recess to change the tape at 8:58 P.M.
The meeting was reconvened at 9:00 P.M.
Mayor Stone called for a break at 9:00 P.M.
The meeting was reconvened at 9:11 P.M.
Councilmember Roberrs stated the present Council may have different views.
He stated Temecula has 50% undeveloped land, traffic problems and the flight
plan of the French Valley Airport to consider. He said housing projects do not
pay their way and he is in opposition to annexation.
Mayor Stone stated he cannot support annexation without an analysis of the
report. His calculations show a deficit may occur if the City annexs. He
expressed a desire to provide a high level of services to the City of Temecula
and not reduce those services in the future. He pointed out advantages to this
project but the unknown future public infrastructure deficiencies should be
considered. He recommended a workshop to answer these and other questions
of the Council.
Mayor Pro Tem agreed with Mayor Stone and stated that he was not against
annexation if it is proved beneficial for the city.
Councilmember Parks recommended this item be continued for 30 days to give
staff time to come back with answers.
Mayor Stone made a motion to schedule a workshop on annexation, seconded by Mayor Pro
Tern Lindemans.
Councilmember Parks amended the motion to schedule the workshop within 60 days and
continue the public hearing to date after the workshop is held, the amended motion was
seconded by Councilmember Birdsall.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Parks,
Roberts, Stone
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Minutes\08\08\g5 10
City Council Minutes August 8. 1995
Council directed staff to schedule a workshop on annexation. City Manager
Bradley asked for clarification on contracting with independent consultants to
prepare a fiscal impact report prior to the workshop. This matter will be
brought back to Council for discussion and decision.
Mayor Stone called for a recess at 9:29 P.M. to hold the scheduled Community Services
District and Temecula Redevelopment Agency meetings.
The meeting was reconvened at 9:35 P.M.
CITY MANAGER'S REPORT
City Manger Bradley announced the after hours phone number for Animal Control (354-7387).
He also thanked staff for their work on the HUD project for the City of Temecula.
CITY ATTORNEY'S REPORT
None given.
ADJOURNMENT
The meeting was adjourned at 9:45 P.M. to a regular meeting on August 22, 1995, 7:00 PM,
Community Recreation Center, 30875 Rancho Vista Road, Temecula, California.
Minutes\08\08\95 11
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD AUGUST 22, 1995
A regular meeting of the Temecula City Council was called to order at 7:05 PM at the
Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor
Jeffrey E.. Stone presiding.
PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Parks,
Stone, Roberrs
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City
Clerk June S. Greek.
INVOCATION
The invocation was given by Reverend Joan Rich Egea, Church of Religious Science.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Councilmember Birdsall.
PRESENTATIONS/
PROCLAMATIONS
Mayor Stone proclaimed September 9, 1995 to be "Kids Care Fair Day" and presented the
proclamation to Tom Arbogast, representing Inland Valley Hospital. He also proclaimed
1995 to be "The Woman Suffrage Diamond Jubilee" and presented a proclamation to Pat
Partin and Myrna Crowther, President of the Business and Professional Women's Club. -'
PUBLIC COMMENTS
Sam Pratt, 40420 Brixton Cove, addressed the City Council thanking City Clerk June Greek
for her courteous and professional manner in assisting members of TOTAL while turning in
their initiative petition. He also expressed his opinion that the City Council should be replaced
with more responsive citizens.
Pat Keller, P.O. Box 521, asked the City Council to delay the meeting of August 31, 1995,
regarding the Owner Participation Agreement between the Temecula Redevelopment Agency
and T.Z.B.G., to give the public more time to review it.
CITY COUNCIL REPORTS
Councilmember Birdsall thanked the Fire Department and Police Department for their efforts
to save the homes on Pujol Street during the recent fire.
Minutes\8~22\95 - 1 - 08/30/S5
City Council Minutes August 22, 1995
Mayor Pro Tem Lindemans asked that the Council give consideration to Mr. Jerry Regier's
concerns regarding the Skateboard Park.
Mayor Stone reported a meeting was held jointly with representatives from the City of
Temecula, the City of Murrieta, the Temecula Valley Unified School District and the Murrieta
Unified School District and the Riverside County Board of Supervisors regarding the Library
Program· He reported that a request will be on the next Council agenda for funding to assist
in restoring library services to 48 hours a week. He appealed to the community for their
assistance in this matter and reported the next meeting of this group will be held on
September 8, 1995, at the Main Conference Room, Temecula City Hall.
Mayor Stone also reported on a problem that a number of businesses have encountered
regarding non-licensed vendors coming into places of business to peddle their goods. He
asked this be placed on the next agenda for discussion.
CONSENT CALENDAR
Councilmember Parks registered an abstention on Item No. 15. Mayor Stone abstained on
Item No. 6.
Regarding Item No. 10, Councilmember Roberts stated some of the streets reported
completed in the Meadowview area are not complete· He asked that staff investigate and
report back on this situation.
City Manager Bradley requested the removal of Item No. 5 from the agenda.
It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberts to approve
Consent Calendar Items 1-4 and 6-19 with Councilmember Parks abstaining on Item No. 15
and Mayor Stone abstaining on Item No. 6. The motion was carried as follows:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
Birdsall, Lindemans, Parks, Roberrs,
Stone
None
ABSENT: 0 COUNCILMEMBERS: None
Standard Ordinance Adoption Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
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City Council Minutes
August 22. 1995
Resolution ADDroving List of Demands
2.1 Adopt a resolution entitled:
RESOLUTION NO. 95-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Combining Balance Sheets as of June 30, 1995 and the Statement of Revenues,
Exoenditures and Changes in Fund Balance, and the Statement of Revenues, Exoenses
and Changes in Retained Earnines for the Fiscal year ended June 30, 1995
3.1
Receive and file the Combining Balance Sheets as of June 30, 1995 and the
Statement of Revenues, Expenditures and Changes in Fund Balance, and the
Statement of Revenues, Expenses and Changes in Retained Earnings for the
Fiscal Year Ended June 30, 1995;
3.2
Approve the transfer of $47,570 in the Police Department budget from the
account #001-170-99-5288 "Sworn Staff" to account #001-170-999-5234
"Rent/Facilities Charge";
3.3
Approve the transfer of $20,857 in the Police Department budget from account
#001-170-999-5288 "Sworn Staff" to account #001-170-999-5281
"Community Service Officers";
3.4 Appropriate $10,000 in the General Fund Non-Departmental budget to account
#001-199-999-5276"Sales Tax Reimbursements";
Contract Aareement for Street Address Numbering
4.1
Approve a contract agreement with Mr. Bruce Stewart, renewing an existing
contract to provide address numbering services on an as-needed basis.
Minutes\8\22\95 -3- 08/30/95
City Council Minutes August 22. 1995
6
8
9
Professional Services AQreement for Assessment Enaineerinq Services for the Western
Bypass Corridor Assessment District
6.1
Approve an agreement between the City and John Egan and Associates, Inc.,
to provide Assessment Engineering Services for the Western Bypass Corridor
Assessment District in the amount of $47,000 and 10% contingency in the
amount of $4,700. The Agreement will be subject to the approval of the City
Manager and the City Attorney as to final form;
6.2 Authorize the Mayor to execute the agreement and the City Clerk to attest.
AYES:
4 COUNCILMEMBERS:
Birdsall, Lindemans, Parks, Roberrs
NOES:
0 COUNCILMEMBERS: None "
ABSENT: 1
COUNCILMEMBERS: None
ABSTAIN: I
COUNCILMEMBERS: Stone
Contact Amendment No. 9 to Community Facilities District 88-12 Enaineerina Services
Contract with J.F. Davidson Associates, Inc. for the Overland Drive Overcrossing
Improvement Project
7.1
Approve Contract Amendment No. 9 to provide additional geotechnical and
right-of-way engineering services for CFD 88-12 by J.F. Davidson Associates,
Inc. (JFD) for the Overland Drive Overcrossing Improvement Project in an
amount not to exceed $32,260.
Release Gradinc) Bond in Tract No. 27690
(located at the northeast corner of Winchester and Ynez)
8.1
Authorize release of the grading bond for Tract No. 27690 and direct the City
Clerk to so notify the developer and surety.
Release Warranty and Labor and Material Bonds in Tract No. 21820
(located at Kahwea Road Via Norte easterly)
9.1
Authorize the release of Faithful Performance Warranty and Labor and Materials
Bonds in Tract No. 21820;
9.2
Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the
Developer and the Surety.
Minutes\8\22%95 -4- 08/30/95
CiW Council Minutes
Auoust 22. 1995
10.
Solicitation of Construction Bids and AoDroval of Plans and Soecifications for the FY
95-96 Slurrv Seal Project (Proiect No. PW 95-18)
10.1 Authorize the Department of Public Works to solicit construction bids for Project
No. PW 95-18, FY 95-96 Slurry Seal Project.
11.
Summary Vacation of a Portion of Canterfield Drive and a Portion of Temecula Lane
Subject to the Condition that a RealiQned Temecula Lane be Offered for Dedication
11.1 Adopt a resolution entitled:
RESOLUTION NO. 95-7.J1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO
SUMMARILY VACATE A PORTION OF CANTERFIELD DRIVE AND A PORTION
OF TEMECULA LANE WITHIN TRACT NO. 21067 PURSUANT TO THE
AUTHORITY PROVIDED BY CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS
AND HIGHWAY CODE, SUBJECT TO THE ASSOCIATED OFFER OF
DEDICATION OF A REALIGNED TEMECULA LANE
12.
13.
Solicitation of Construction Bids and ApprOval Of Plans and
Winchester Road at Interstate 15. BridQe Widening and
Improvements (PW 94-21 )
Soecifications for
Northbound Ramp
12.1
Approve construction plans and specifications and authorize the Public Works
Department to solicit public construction bids for Project No. PW 94-21,
Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp.
Improvements subject to the approval and certification of the right-of-way by'
Caltrans.
Completion and Acceotance of the Rancho California Road Benefit District
Improvements, Project No. PW 91-03
13.1 Accept construction of Project No. PW91-03- Rancho California Road Benefit
District Improvements, as complete;
13.2 Direct the City Clerk to file the Notice of Completion;
13.3 Direct the City Clerk to release the Performance and Materials and Labor Bonds;
13.4 Authorize the Mayor to execute the Hold Harmless Agreement with "The
Insco/Disco Group."
Minutes%8%22~95 -5- 08/30/95
City Council Minutes August 22, 1995
14.
15.
Comoletion and Acceptance of the Construction of the I-15/Rancho California Road
Interchange Off-Ramos and SiQnals. Project No. PW91-04
14.1 Accept the construction of the 15/Rancho California Road Interchange Off-
Ramps and Signals, Project No. PW91-04 as complete;
14.2 Direct the City Clerk to file the Notice of Completion;
14.3 Direct the City Clerk to release the Performance Bond and the Materials and
Labor Bond.
Professional Service Agreement for Geotechnical Observation and Testing with Soil
Tech Inc., for Project No. PW93-09. Parkview Site Rough GradinQ Imorovements
15.1 Approve a Professional Service Agreement between the City of Temecula and
Soil Tech, Inc. for Geotechnical Observation and Testing for Project No. PW 93-
09, Parkview Sire Rough Grading Improvements for $10,124;
15.2 Authorize the Mayor to execute the agreement and the City Clerk to attest;
15.3 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $1,012.40, which is equal to 10% of the contract
amount;
15.4 Approve a transfer from the General Fund of $11,136.40to the Capital Projects
Fund.
AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Roberrs, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS': None
ABSTAIN: 1 COUNCILMEMBERS: Parks
16.
ADOroOriation Of Funds to General Fund Emeraencv Relief Department Budset
16.1
Appropriate an additional $100,895 to the General Fund Emergency Relief
Department Budget for expenditures incurred for disaster relief from floods
occurring in March 1995.
Minutes\8\22\95 -6- 08/30/95
City Council Minutes Auouet 22. 1995
17.
18.
19.
Resolution to Establish Entertainment License Fees
17.1 Adopt a resolution entitled:
RESOLUTION NO. 95-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLIS HI NG ENTERTAINMENT LICENSE FEES FOR THOSE ENTERTAINMENT
ESTABLISHMENTS COVERED IN CHAPTER 9.10 OF THE TEMECULA
MUNICIPAL
Unified ProQram AQencv Desianation for Hazardous Waste and Hazardous Materials
Management
18.1 Adopt a resolution entitled:
RESOLUTION 95-73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DESIGNATING THE COUNTY OF RIVERSIDE DEPARTMENT OF
ENVIRONMENTAL HEALTH AS A UNIFIED PROGRAM AGENCY FOR
HAZARDOUS WASTE AND HAZARDOUS MATERIALS MANAGEMENT
Second Reading of Ordinance AdoDtina Conaestion Manaaement Program
19.1 Adopt an Ordinance entitled:
ORDINANCE NO. 95-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING THE CMP LAND USE COORDINATION PROCESS
Mayor Stone adjourned the City Council meeting to the Temecula Community Services District
meeting at 7:51 PM. Following the Community Services District Meeting and the
Redevelopment Agency Meeting, the Council adjourned to a closed session pursuant to
Government Code Sections: 54956.9, Pending Litigation, Mittleman vs. City of Temecula.
Mayor Stone reconvened the City Council Meeting at 8:17 PM.
Minutes\8\22\95 -7- 08/30/95
City Council Minutes August 22. 1995
PUBLIC HEARINGS
20.
21
Plannina ADDliCatiOn PA 95-0023, Development Aareement for Van Daele 79 Venture.
LTD.
Community Development Director Gary Thornhill presented the staff report.
Mayor Stone opened the public hearing at 8:20 PM.
Bryce Kittie, representing the Developer, stated he was available for questions.
Mayor Stone closed the public hearing at 8:21 PM.
It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemans to
approve staff recommendation as follows:
20.1 Adopt the Negative Declaration for PA95-0023;
20.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 95-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF THE
DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND
VAN DAELE 79 VENTURE, LTD. FOR FINAL TRACT MAPS NO. 22716-FINAL,
22716-2, 227164 AND TENTATIVE PARCEL MAP 28122 WITHIN SPECIFIC
PLAN NO. 199
The motion was unanimously carried.
Reauest to Desianate Property at Lvndie Lane and Ynez Road as "No Skateboarding.
Rollerbladina or Similar Activity
. Community Development Director Gary Thornhill presented the staff report.
Councilmember Roberrs asked if the recommendation includes the two banks located
in this center. Community Development Director Thornhill stated the banks are not
part of this request.
Mayor Stone opened the public hearing at 8:25 PM.
Andrea Passow, 39733 Wildflower Drive, Murrieta, representing Layton-Belling &
Associates, requested staff recommendation be approved due to the dangerous
situation and property damagecaused by skateboarding and rollerblading in the center.
Minutes%8\22%95 -8- 08/30/95
City Council Minutes August 22. 1995
She explained that many times, people participating in skateboarding and rollerblading
will not leave when asked, and this would provide a means of enforcement.
Mayor Stone asked if any claims have been filed. Ms. Passow stated that no claims
have been filed to date, but the property owners and tenants certainly wish to avoid
this situation. She did state that property damage has occurred.
Christine Turner, 28636 Front Street, Suite 107A, speaking on behalf of Jerry Regier,
read a letter into the record addressing the need for a facility for extreme in-line
skating.
Justin Regier, 41792 Borealis Drive, requested the plans of the skate board park be
modified to include half pikes or rails to challenge in-line skaters.
Brad Munoa, 32020 Camino Merea, stated the numbers of skateboarders in Temecula
has decreased while in-line skating has greatly increased and requested the focus
should be placed on skating rather than skateboarding.
Mike Palmer, 31102 Shicali Ct., stated he would be willing to sign a liability waiver
to reduce the risk to property owners at shopping centers. He stated that skating is
a means of transportation and it will be difficult to find other means of transportation.
Mayor Stone stated it would be difficult to make changes-to the Skate Board Park at
this point, however he would be happy to work with the community to look at possibly
constructing another facility.
Adam Munoa, 32020 Camino Merea, stated the in-line skaters are being stereotyped
as skateboarders, and they are a different group. He explained they are kids having.
a good time doing their sport.
Patti Smith, 29825 Vail Brook, stated she is a candidate for school board and is
concerned regarding youth of the community having activities available to them. She
also expressed concern about the vagueness of the ordinance as it relates to areas
where skating will be allowed and where it is not.
Community Development Director Gary Thornhill stated the police will have to use
discretion in these issues since the affected property is not easily bounded by a fence
or other physical barriers. He explained the intent is to simply post the property and
have police officers available if skaters do not leave when asked to.
Patti Smith also expressed concern that a third offense is a misdemeanor and this
would give a young person a criminal record. She asked that the skate board park be
integrated to address both skateboarding and in-line skating.
Minutes\8%22%95 -9- 08/30/95
City Council Minutes Auouet 22. 1995
Holly Palmer, 31102 Shicali Court, expressed concern that youths use rollerblading as
a means of transportation and expressed concern that they will be stopped going
through parking lots in route to various destinations. She also asked that if this
resolution is passed that it be made clear exactly where skating is allowed and where
it is prohibited. Ms. Palmer expressed concern that the skate park is being
consutructed using concrete instead of wood, and asked if a fee will be charged for
this facility.
Senior Management Analyst Phyllis Ruse, stated the fee has not been finalized,
however it is proposed that City residents could purchase a resident card for $1/year
and non-residents would pay a use fee. She stated she has spoken with Mr. Regier
regarding the master plan and he seemed to think it would provide some challenge.
She explained that when the facility was designed, it was as an integral unit using site
distances and fall zones and to add things as an afterthought may hurt the integrity and
safety of the overall facility. She reported this facility was designed to accommodate
a number of different levels, but the City would be receptive to looking at a more
challenging facility in another area.
Mayor Stone closed the public hearing at 9:00 PM.
Community Development Director Thornhill suggested posting areas around the building
themselves and not posting the parking lot area to address the concerns of not having
the parking area designated exactly where the skateboarding and in-line skating is and
is not permitted.
Mayor Stone suggested contacting the other property owners in the Tower Plaza to see
if they would be interested in participating so that the entire center is included.
It was moved by Councilmember Parks seconded by Councilmember Roberts to
approve staff recommendation as follows:
21.1 Adopt a resolution entitled:
RESOLUTION NO. 95-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
DESIGNATING PRIVATE PROPERTY AT 42145 LYNDIE LANE AND 27555
YNEZ ROAD AS A "NO SKATEBOARDING, ROLLERBLADING OR SIMILAR
ACTIVITY AREA" PURSUANT TO CHAPTER 10.36 OF THE TEMECULA
MUNICIPAL CODE
The motion was unanimously carried.
Minutes~8\22\95 - 10- 08/30/95
City Council Minutes Auoust 22, 1995
COUNCIL BUSINESS
RECESS
Old Town Specific Plan Amendments
Mayor Stone announced a conflict of interest and turned the meeting over to Mayor Pro
Tem Lindemans.
Senior Planner John Meyer presented the staff report.
Councilmember Birdsall requested a workshop be held on this issue and expressed
concerns over boundaries.
It was moved by Councilmember Birdsall, seconded by Councilmember Parks to set up
a workshop for Council input.
The motion failed by the following vote:
AYES: 1 COUNCILMEMBERS: Birdsall
NOES: 3 COUNCILMEMBERS: Lindemans, Parks, Roberts
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBERS: Stone
It was moved by Councilmember Roberts, seconded by Councilmember Parks to direct
staff to proceed with a staff initiated Specific Plan Amendment with specific emphasis
on resolving the boundaries in question. The motion was unanimously carried with.
Mayor Stone abstaining.
Mayor Pro Tem Lindemans returned the meeting to Mayor Stone who called a brief recess at
9:16 PM to change the tape. The meeting was reconvened at 9:17 PM.
Commissioned Artwork for New City Hall
Human Resources Administrator Grant Yates presented the staff report,
Mayor Stone thanked Mr. Preecha Nillpraphan for his gracious offer.
Councilmember Roberts suggested leaving the selection of content to Mr. Nillpraphan,
but added, of the four alternatives, he prefers the historical setting.
Minutes\8\22\95 -11- 08/30/95
City Council Minutes Auoust 22, 1995
Mayor Stone stated he would also like to see historical observations, with the wineries
also represented.
Councilmember Parks and Mayor Pro Tem Lindemans stated they preferred the Duck
Pond option stating it has been there for years and it represents the entrance to the
City.
Councilmember Birdsall agreed with leaving it up to the artist but preferred the choice
of a panoramic view of the City.
It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Lindemans to
approve staff recommendation to gratefully accept the donation and to ask that the
subject be selected by and at the discretion of the artist.
The motion was unanimously carried.
7. ProDosed Keeo Temecula Clean "Adoot-A-Street" Acknowledaement Sign Size
Public Works Director Joe Kicak presented the staff report showing the sizes of two
proposed signs.
It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Lindemans to
refer this item to staff with direction to increase the size to 30" x 30" and to modify
the text to make it more readable. The motion was unanimously carried.
8. Beer and Wine Licenses
Community Development Gary Thornhill presented the staff report.
It was moved by Councilmember Parks, seconded by Councilmember Roberts to
designate the Planning Commission to serve as the approval agency and the City
Council to serve as the Appeals agency. 'The motion was unanimously carried.
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'S REPORT
City Attorney Thorson reported that there was no action to report regarding the closed
session.
Minutes%8%22~,95 -12- 08/30/95
City Council Minutes Auoust 22. 1995
ADJOURNMENT
It was moved by Councilmember Parks seconded by Mayor Pro Tem Lindemans to adjourn at
9:40 PM to a Special Joint City Council/Redevelopment Agency Public Hearing, August 31,
1995, Rancho California Water District Board Meeting Room, 42135 Winchester Road,
Temecula, California.
Next regular meeting: September 12, 1995, 7:00 PM, Community Recreation Center, 30875
Rancho Vista Road, Temecula, California.
Jeffrey E. Stone, Mayor
ATTEST:
June S. Greek, CMC, City Clerk
Minutes~8\22\95 -13- 08/30/95
ITEM 3
RF~OLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECIHA At~LOmeff~G CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN E.XHaBIT A
THE CiTY COUNCIL OF THE CITY OF ~ DOES RESOLVE,
DETERM]N~ 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 Man .ager, and that the same ar~
hereby allowed in the mount of $750,450.57.
Section 2. The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOPTED, this 12th day of September, 1995.
ATFEST:
Jeffrey E. Stone, Mayor
1une S. Greek, CMC, City Clerk
[SEAL]
R~so, 84 I
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 95- was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 12th day of September, 1995 by the following roll call vote:
CO~CILMEMBERS:
NOES:
CO~CILMEMBERS:
CO~CILMEMBERS:
June S. Greek, CMC, City Clerk
Re~o, 84 2
CITY OF TEMECULA
LIST OF DEMANDS
08117/95 TOTAL CHECK RUN;
08/24/95 TOTAL CHECK RUN:
08/31 j95 TOTAL CHECK RUN:
09/12/95 TOTAL CHECK RUN:
08/24/95 TOTAL PAYROLL.
25.374.11
102,295.42
' ' 56,861
448,947 14
116,972.24
TOTAL LIST OF DEMANDS FOR 09/12/95 COUNCIL MEETING:
$ 750.450.57
DISBURSEMENTS BY FUND:
CHECKS
001 GENERAL $ 343,672.66
100 GAS TAX 34,886.29
120 DEVELOPMENT IMPACT FUND 1,410.00
14o COMMUNITY DEV BLOCK GRANT 0.00
165 RDA-LOW/MOD 134.60
190 COMMUNITY SERVICES DISTRICT 34,849.72
191 TCSD SERVICE LEVEL A 5.402.77
192 TCSD SERVICE LEVEL B 282.37
193 TCSD SERVICE LEVEL C 49,636.96
194 TCSD SERVICE LEVEL D 166.04
210 CAPITAL IMPROVEMENT PROJ (CIP) 72, 119.93
220 MARGARITA ROAD REIMB. DIST. 0.00
250 CAPITAL PROJECTS - TCSD 0.00
280 RDA-CIP 24,202.83
300 INSURANCE 2,187.97
31 o VEHICLES 0.00
320 INFORMATIONS SYSTEMS 25,659.75
330 SUPPORT SERVICES 17.084.05
340 FACILITIES 21,782.39
380 RDA-DEBT SERVICE 0.00
390 TCSD DEBT SERVICE 0.00
PAYROLL:
001 GENERAL $ 67,750.20
100 GAS TAX 12,162.45
165 RDA-LOW/MOD 294.39
190 TC S D 27, 437,99
191 TCSD SERVICE LEVEL A 566.94
192 TCSD SERVICE LEVEL B 637.26
193 TCSD SERVICE LEVEL C 1,830.64
194 TCSD SERVICE LEVEL D 370.71
280 RDA-CIP 1,285..44
300 INSURANCE 569.32
320 INFORMATION SYSTEMS 1,224.27
330 SUPPORT SERVICES 709.47
340 FACILITIES 2,132.96
116,972.24
PREPARED RETA ~y,~STO
I,GE , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
I'RONALD E. BRADLEY. CITY MANAGER r~ CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
VOUCHRE2
08/17/95
14:53
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
190 COMMUNITY SERVICE~ DISTRICT
191 TCSD SERVICE LEVEL A
193 TCSD SERVICE LEVEL C
300 INSURANCE FUND
320 INFORMATION SYSTEMS
SUPPORT SERVICES
340 FACILITIES
TOTAL
AMOUNT
8,127.52
350.27
2,939.87
1,295.59
2,128.56
1,779.15
1,454.52
7,158.63
140.00
25,374.11
VOUCHRE2
r '95
VOUCHER/
CHECK
NUMBER
24996
24997
25001
25002
25003
25004
25004
25005
25006
25007
25007
25007
"'q8
25008
25008
25008
25008
25009
25009
25010
25011
25012
25013
25013
25013
25013
25013
25013
25014
25014
14:53
CHECK
DATE
08/14/95
08/14/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
VENDOR
NUMBER
001974
001375
001895
001425
000747
000101
000101
000127
000127
000127
000131
000131
000131
000131
000131
000131
000131
001555
000144
000155
001002
001002
001002
001002
001002
001002
000643
000643
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR iTEM
NAME DESCRIPTION
BILUS TRACTOR & BACKHO RE-ISSUE:WEED ABATEMENT FY94/5
AMERICAN CONSTRUCTION EARTH~RKS gKSHP:MANGUSING:8/19
A T & T - VAN NUYS 909 695-3539 GEN
AIRTOUCH CELLULAR CORP. LA6015202080195 TH CELLULAR
AMERICAN PLANNING ASSOC BOOK:PLANNING COMM GUIDE
APPLE ONE, INC.
APPLE ONE, INC.
TEMP HELP W/E 07/29 COTA
TEMP HELP W/E 08/05/95 COTA
BARTLETT, SALMA
REFUND-TCSD CLASS
BAYSINGER, SCOTT
REFUND-ROOM RENTAL
CALIFORNIAN, INC. 'LEGA
CALIFORNIAN, iNC. -LEGA
CALIFORNIAN, INC. -LEGA
NEWSPAPER SUBSCRIPTION
NEWSPAPER SUBSCRIPTION
PUBLIC NOTICES-ADVANCE PLANNIN
CARL WARREN & CO.
CARL WARREN & CO.
CARL WARREN & CO.
CARL WARREN & CO.
CARL WARREN & CO.
CARL WARREN & CO.
CARL WARREN & CO.
INC. MITTELNAN, JOHN - 08/19/93
INC. ACME RENTS, INC. - 05/12/95
iNC. ARDITH, DESWITH - 02/24/94
INC. GRIFFIN, JAMES - 10/12/94
INC. CALLAHAM, DANIELLE ' 8/24/94
INC. HANADA, TON - 10/15/94
INC. GTE CAL - 03/09/95
CARTWRIGHT, DEBBIE
CARTWRIGHT, DEBBIE
CHRISTOPHERSON FIRE PRO
REFUND-TCSD CLASS
REFUND-TCSD CLASS
FIRE SYSTEM TESTING FOR CRC
COSTCO WHOLESALE CORPOR DAY CAMP SUPPLIES
DAVLIN
TAPING OF 8/7 PLAN CONM MTG
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
5473 6664 0391 0172 RB
5473 6664 0391 0115 JG
5473 6664 0391 0206 GR
5473 6664 0391 0123 GT
5473 6664 0391 0123 GT
5473 6664 0391 0057 SN
FORTNER HARDWARE, INC. MISC HARDWARE SUPPLIES
FORTNER HARDWARE, 1NC, MISC HARDWARE SUPPLIES
ACCOUNT
NUMBER
001-162-999-5440
001-163-999-5261
320-199-999-5208
320-199-999-5208
001-161-501-5228
190'180r999'5118
001-140-999-5118
190 - 183 - 4982
190-18~-4990
001-161-501-5228
001-161-502-5228
001-161-502-5256
300-199-999-5205
300-199-999-5Z05
300-199-999-5205
300-199-999-5205
300-199-999-5205
300-199-999-5205
300-199-999-5205
190-183-4982
190-183-4982
190-182-999-5250
190-183-999-5340
001-161-501-5250
001-150-999-5260
001-120-999-5258
001-140-999-5260
001-161-502-5260
001-161-501-5260
190-180-999-5260
190-180-999-5212
190-180-999-5212
ITEM
AMOUNT
1,420.00
75.00
5.16.
134.62
26.95
30.96
247.68
25.00
10.00
23.82
23.81
65.82
960.50
239.88
72.13
129.25
17.88
152.38
207.13
14.00
14.00
65.00
150.00
143.32
28.57
5.00
45.00
31.12
31.12
33.73
57.21
25.50
PAGE 1
CHECK
AMI3JNT
1,420.00
75.00
5.16
134.62
26.95
278.64
25.00
10.00
113.45
1,779.15
28.00
65,00
150.00
143.32
174,54
82.71
25015 08/17/95 000170 FRANKLIN QUEST COMPANY, MISC DAY CALENDER SUPPLIES 001-161-501-5220 29.53
)-~315 08/17/95 000170 FRANKLIN QUEST COMPANY, MlSC DAY CALENDER SUPPLIES 001-161-502-5220 29,52 59.05
VOUCHRE2
08/17/95
VOUCHER/
CHECK
NUMBER
25016
25016
25017
25018
25018
25018
25018
25019
25019
25020
25020
25021
25022
25023
25024
25025
25026
25026
25027
25028
25029
25030
25031
25032
25032
25032
25032
25032
25032
25033
25033
25033
25033
14:53
CHECK
DATE
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
VENDOR VENDOR
NUMBER NAME
000184 G T E CALIFORNIA - PAYM
000184 G T E CALIFORNIA - PAYM
001355 G T E CALIFORNIA, INC,
000177 GLENNIES OFFICE PRODUCT
00017'7 GLENNIES OFFICE PRODUCT
000177 GLENNIES OFFICE PRODUCT
000177 GLENNIES OFFICE PRODUCT
000175 GOVERNMENT FINANCIAL OF
000175 GOVERNMENT FINANCIAL OF
001609 GREATER ALARM COMPANY,
001609 GREATER ALARM COMPANY,
HAYES~ KRISTINE
HOLT, ELLEN
000796 I C B 0
000193 I C N A - ANNAPOLIS JUN
001407 INTER VALLEY POOL SUPPL
001667 KELLY TEMPORARY SERVICE
001667 KELLY TEMPORARY SERVICE
000206 KINKO~S OF RIVERSIDE, I
000488 KNOTT'S BERRY FARM
000380 LAIDLAW TRANSIT, INC.
000596 LEAGUE OF CAL. CITIES
001513 LIBERTY AUTO CENTER
000228 MOBIL~ INC.
000228 MOBIL, INC.
000228 MOBIL, INC.
000228 MOBIL, INC.
000228 MOBIL, INC.
000228 MOBIL~ INC.
001892 MOBILE MODULAR
001892 MOBILE MODULAR
001892 MOBILE MODULAR
001892 MOBILE MODULAR
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
909 694-1211 POLICE DEPT
909 694-6400 GEN USAGE
MNTHY ASSCESS CHRGES
MISC OFFICE SUPPLIES
MISC OFFICE SUPPLIES
MISC OFFICE SUPPLIES
MISC OFFICE SUPPLIES
MEMBERSHIP-NcLARNEY & M.ROBERT
MEMBERSHIP-McLARNEY & M,ROBERT
ALARM MONITORING-CITY HALL
ALARM MONITORING-STORAGE
REFUND-TCSD CLASS
REFUND-TCSD CLASS
MEMBERSHIP FOR A. ELMO
RPTS ON OPEN SPACE & SIGNS
CRC POOL CHEMICALS
TEMP HELP W/E 7/30 LUJAN
TEMP HELP W/E 8/06 LUJAN
ROLL OF LAMANANATION-TCSD
DAY CAMP FIELD TRIP
BUS TO CASTLE PRK FOR DAY CAMP
PLAN CORM ORENTATION-BARSTOW
CITY VEHICLE REPAIRS-B & S
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
LEASE PMT-INTERIM FIRE # 8926
TAX
LEASE PMT-INTERIM FIRE #9010
TAX
ACCOUNT
NUMBER
320-199-999-5208
320-199-999-5208
320-199-999-5208
001-162-999-5220
001-140-999-5220
001-140-999-5220
001-140-999-5220
001-140r999-5226
001-110-999-5226
340-199-999-5250
340-199-999-5250
190-183-4975
190-183-4982
001-162-999-5226
001-161-501-5228
190-182-999-5212
001-140-999-5118
001-140-999-5118
190-183-999-5310
190-183-999-5340
190-183-999-5340
001-161-501-52TZ
001-162-999-5214
001-161-501-5262
001-161-501-5262
001-161-502'5262
001-162-999-5263
001-170-999-5262
190-180-999-5263
001-171-999-5470
001-171-999-5470
001-171-999-5470
001-171-999-5470
l TEN
AMOUNT
319.49
520.09
350.00
5.82
17.67
72.47
128.21
117.50
117.50
105.00
35.00
25. O0
38. O0
25.00
45.35
257.03
442. O0
442. OO
17.78
883.50
253.20
50.00
70.55
22.13
6.78
6.78
22.40
8.14
25.38
905.00
70.14
685. O0
53,09
PAGE 2
CHECK
AMOUNT
839.58
350.00
224.17
235. O0
140.00
25.00
38.00
25.00
257.03
884.00
17.78
883.50
253.20
50.00
70.55
91.61
VOUCHRE2 CITY OF TEMECULA
'/95 14:53 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER MANE DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
~NT
25034 08117195 000437 MORELAND & ASSOCIATES AUG 95 AUDIT SERVS 001-140-999-5248
25034 08/17/95 000437 MORELAND & ASSOCIATES AUG 95 AUDIT SERVS 001-140-999-5248
37.33
839.87
877.20
25035 08/17/95 001599 NORTH COUNTY BASKETBALL BASKETBALL ASSIGNMENT FEES 190-183-999-5380
45.00
45.00
25036 08/17/95 ODDY, ANNE REFUND-TCSD CLASS 190-183-4982
38.00
38.00
25037 08/17/95 ORTENZO, BEV REFUND-TCSD CLASS 190-183-4975
25.00
25.00
25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 001-100-~99-5250
25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 320-199-999-5238
25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 001-163-999-5250
25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 100-164-601-5238
25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 001-165-999-5238
25038 08/17/95 001561 PAGENET - PAGING NETk~)R PAGING SERVS-AUG 95 001-120-999-5250
25038 08/17/95 001561 PAGENET - PAGING METEOR PAGING SERVS-AUG 95 001-170-999-5242
25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 190-180-999-5250
25038 08/17/95 001561 PAGENET - PAGING NET~K)R PAGING SERVS-AUG 95 001-162-999-5238
25039 08/17/95 000249 PETTY CASH PETTY CASH REINBURESMENT 001-161-502-5230
25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 001-100-999-5250
~39 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESIqENT 190-183-999-5320
;9 08/17/95 000249 PETTY CASH PETTY CASH REINBURESNENT 001-165-999-5260
_~d39 08/17/95 000249 PETTY CASH PETTY CASH REINBURESNENT 001-110-999-5260
25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESHENT 190-180-999-5260
25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESNENT 001-140-999-5220
25039 08/17/95 000249 PETTY CASH PETTY CASH REINBURESNENT 001-100-~-5250
25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 001-140-999-5260
25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESNENT 190-180-999-5220
25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 190-180-999-5268
19.29
19.95
15.00
15.00
7.50
7.50
30.00
75.00
22.50
19.01
17.88
49.43
15.00
28.02
13.57
39.34
11.45
13.20
13.95
3.23
211.74
224.08
25040 08/17/95 000580 PHOTO t,K)RKS FILM & PHOTO DEVELOPING 001-161-501-5250
11.31
11.31
25041 08/1TI95 000253 POSTMASTER EXPRESS MAIL 001-161-501-5230
25041 08/17/95 000253 POSTMASTER EXPRESS NAIL 001-161-502-5730
25041 08/17/95 000253 POSTMASTER EXPRESS NAIL 001-110-999-5230
25041 08/17/95 000253 POSTMASTER EXPRESS MAIL 001-120-999-5230
12.B
12.87
10.75
103.25
25042 08/17/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVS 190-180-999*5212
52.12
52.12
25043 08/17/95 001364 R C P BLOCK & BRICK, IN TWO GRAFFITI REMOVERS - QUART 100-164-601-5218
25043 08/17/95 00136/, R C P BLOCK & BRICK, IN TAX 100-164-601-5218
135.00
10.46
145.46
25044 08/17/95 000947 RANCHO BELL BLUEPRINT C LEGAL NAPS AND DOCUMENTS
25044 08/17/95 000947 RANCHO BELL BLUEPRINT C LEGAL MAPS AND DOCUMENTS
001-161-501-5224
001-161-502-5224
6.06
6.06
12.12
25045 08/17/95 000262 RANCHO CALIFORNIA WATER WATER SERVS 6/26 - 7/27/95 190-180-999-5240
25045 08/17/95 000262 RANCHO CALIFORNIA WATER WATER SERVS 6/26 - 7/27/95 191-180-999-5240
25045 08/17/95 000262 RANCHO CALIFORNIA WATER WATER SERVS 6/26 - 7/27/95 193-180-999-5240
~6 08/17/95 000418 RIVERSIDE CO. CLERK & R APERTURE CARDS DUPLICATES 001-163-999-5220
428.08
111.06
2,128.56
5.00
2,667.7O
5.00
VOUCHRE2
08/17/95
VOUCHER/
CHECK
NUMBER
25047
250/+7
25047
25048
25049
25050
25050
25050
25050
25051
25052
25052
25052
25052
25052
25052
25052
25052
25052
25052
25052
25052
25052
25052
25052
25052
25052
25052
25053
25054
25055
25055
25056
25056
25056
25056
25056
14:53
CHECK
DATE
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08117195
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
08/17/95
VENDOR
NUMBER
000988
000537
000537
000537
000537
001212
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
0003?5
000307
000854
000854
000345
000345
000345
000345
000345
VENDOR
NAME
SCHLANT, DOLORES
SCHLANT, DOLORES
SCHLANT, DOLORES
SCONZO, RENEE
SOLANO PRESS BOOKS
SOUTHERN CALIF EDISON -
SOUTHERN CALIF EDISON -
SOUTHERN CALIF EDISON -
SOUTHERN CALIF EDISON -
SOUTHERN CALIF GAS CONP
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALZF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CAL]F TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CAL]F TELEPHON
SOUTHERN CALIF TELEPHON
STEINBACH, JANIE
TEMECULA TROPHY CO.
URBAN LAND INSTITUTE
URBAN LAND INSTITUTE
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILL]
XEROX CORPORATION BILL]
XEROX CORPORATION BILL]
CiTY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
REFUND-PRKING CITATION DISMISS
REFUND-PRKING CITATION DISHISS
REFUND-PRKING CITATION DISMISS
REFUND-SWIMMING LESSON
CAL LAND USE & LAW 14TH EDITXO
52-77-919-1025-01 ELECT SERVS
56-77-755-0157-01 ELECT SERVS
56-7'7-755-0169-01 ELECT SERVS
59-77-416-2147-01 ELECT SERVS
07-8274-036-1451-3 GAS SERVS
909 202-4765 BB
90o 202-4764 BB-PW BLAZER
909 202-4760 JH
909 202-4769 JS
909 202-4204 KL
909 202-4763 PB
909 202-4762 RP
909 202-4?58 RR
909 Z05-4070 MJM
909 202-47'70 RB
909 202-4?57 JG
909 205-7826 GR
909 202-5153 GY
909 202-4767 GT
909 202-4767 GT
909 202-9876 HP
909 312-0474 EOC
909 202-4756 EOC a KRTM
REFUND-TCSD CLASS
SPORTS PROGRAMS TROPHYS
BODKS:MSTR PLAN CONM:SUB SHOP
BOOKS:MSTR PLAN CONM:SUB SHOP
METER USAGE a .O065/COPY-JUL
TAX
5100 COPIER MONTHLY LEASE-JUL
5100 COPIER MONTHLY LEASE-AUG
TAX
ACCOUNT
NUMBER
001-2260
001-2265
001-170-4055
190-183-4975
001-161-501-5228
191-180-999-5240
191-180-999-5319
191-180-999-5319
191-180-999-5240
190-181-999-5240
100-164-601-5208
100-164-601-5208
100-16~-603-5208
001-100-999-5208
001-100-999-5208
001-100-999-5208
001-100-999-5208
001-100-999-5208
001-110-999-5208
001-110-999-5208
001-120-999-5208
001-140-999-5208
001-150-999-5208
001-161-501-5208
001-161-502-5208
190-180-999-5208
320-199-999-5208
320-199-999-5208
190-183-4975
190-183-999-5380
001-161-501-5228
001-161-502-5228
330-199-999-5239
330-199-999-5239
330-199-999-5239
330-199-999-5239
330-199-999-5239
ITEM
AMOUNT
5.00
50.00
295.00
25.00.
48.05
915.52
202.93
50.13
15.95
20.87
46.18
81.99
61.64
47.82
60.13
38.42
163.20
70.09
109.51
~.01
102.74
89.68
92.57
37.47
37.47
46.25
67.09
38.12
25.00
154.08
21. O0
21.00
1,101.05
85.34
2,986.12
2,771.34
214.78
PAGE 4
CHECK
AMOUNT
350.00
25.00
48.05
1,184.53
20.87
1,234.38
25.00
154.08
42.00
7,158.63
TOTAL CHECKS
25,374.11
VOUCHRE2
0'
17:17
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
165 RDA DEV- LOW/NOD SET ASIDE
190 COMMUNITY SERVICES DiSTRiCT
191 TCSD SERVICE LEVEL A
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
194 TCSD SERVICE LEVEL D
210 CAPITAL IMPROVEMENT PROJ FUND
280 REDEVELORMENT AGENCY -
300 iNSURANCE FUND
320 INFORMATION SYSTENS
SUPPORT SERVICES
FACILITIES
TOTAL
AMOUNT
36,080.18
25,978.49
134.60
20,836.21
234.91
282.37
6,243.43
166.04
2,246.07
4,252.60
408.82
4,209.59
262.94
959.17
102,295.42
VOUCHRE2
08/24/95
17:17
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 1
VOUCHER/
CHECK
NUMBER
24998
557838
557838
557838
557838
557838
557838
557838
557838
557838
557838
5578.$8
557838
557838
557838
557838
557838
557838
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587849
587~Y~9
587849
25063
25063
25064
CHECK
DATE
08/15/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
VENDOR
NUMBER
000310
000444
000444
000444
000~44
0004~4
000~
000444
000444
000444
000444
000444
000444
000444
000444
000444
000444
000444
000283
000283
000283
000283
000283
000283
000283
00028.'3
00028~
000283
000283
00028]
000283
00028.$
000283
000283
00028~
000283
000283
000283
000283
000283
000283
000283
000283
000283
000724
000724
001515
VENDOR
NAME
TEMEOULA CREEK INN, INC
FIRSTAX CEDD)
FIRSTAX (EDD)
FIRSTAX CEDD)
FIRSTAX CEDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX CEDD)
FIRSTAX CEDD)
FIRSTAX CEDD)
FIRSTAX CEDD)
FIRSTAX (IRS)
FIRSTAX CIRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX CIRS)
FIRSTAX (IRS)
FIRSTAX CIRS)
FIRSTAX CIRS)
FIRSTAX CIRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX CIRS)
FIRSTAX (IRS)
FIRSTAX CIRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
A & R CUSTOM SCREEN PRI
A & R CUSTOM SCREEN PRI
A S A P TRUCK TRACTOR &
ITEM
DESCRIPTION
pROMOTIONAL SPONSORSHIP
000/~+4 SDI
000444 SDI
000444 SDI
000444 SDI
000444 STATE
000444 STATE
000444 STATE
000444 STATE
000444 STATE
000444 STATE
000~ STATE
000444 STATE
000444 STATE
000444 STATE
000444 STATE
000/+44 STATE
000444 STATE
000283 FEDERAL
000283 FEDERAL
000283 FEDERAL
000283 FEDERAL
00028] FEDERAL
00028] FEDERAL
00028~ FEDERAL
000283 FEDERAL
000Z83 FEDERAL
000Z83 FEDERAL
000Z83 FEDERAL
000Z83 FEDERAL
000283 FEDERAL
000283 NEDICARE
000283 MEDICARE
000283 MEDICARE
000283 NEDICARE
00028.$ MEDICARE
000283 MEDICARE
000283 NED]CARE
00028] MEDICARE
000283 NEDICARE
000283 NEDICARE
000283 NEDICARE
000283 NEDICARE
000283 NEDICARE
DAY CAMP T-SHIRTS
TAX
1dEED ABATEMENT- k/OLF VALLEY RD
ACCOUNT
NUMBER
280-199-999-5264
001-2070
100-2070
190-2070
280-2070
001-2070
100-2070
165-2070
190-2070
191-2070
192-2070
193-2070
194-2070
280-2070
300-2070
320-2070
330-2070
340-2070
001-2070
100-2070
165-2070
190-2070
191-2070
192-2070
193-2070
194-2070
280-2070
300-2070
320-2070
330-2070
340-2070
001-2070
100-2070
165-2070
190-2070
191-2070
192-2070
193-2070
194-2070
280-2070
300-2070
320-2070
330-2070
340-2070
190-18~-999-5340
190-18~-999-5340
100-164-601-5402
ITEM
AMOUNT
2,500.00
51.07
8.00
132.11
1.28
2,810.28
433.10
8.72
619.66
14.73
9.33
40.26
14.00
35.17
36.54
87.69
18.97
16.18
10,301.39
1,878.67
35.04
3,301.38
82.66
73.80
2]6.57
64.54
153.22
124.2]
344.39
105.98
:135.09
2,492.71
440.86
13.44
962.70
19.56
2].58
62.02
13.36
.47.62
21.63
57.94
23.38
69.80
198.00
15.35
990.00
CHECK
AMOUNT
2,500.00
4,337.09
21,085.56
213.35
VOUCHRE2
'95 17:17
VOUCHER/
CHECK CHECK VENDOR
NUMBER DATE NUMBER
25064 08/24/95 001515
25064 08/24/95 001515
25064 08/24/95 001515
25065 08/24/95 001912
25066 08/24/95
25067 08/24/95 000747
25067 08/24/95 000747
25068 08/24/95 000101
25069 08/24/95
25070 08/24/95
25071 08/24/95 001414
25072 08/24/95 000129
"'73 08/24/95 000126
_ ,/4 08/24/95 000984
25075 08/24/95 000502
25076 08/24/95 000152
25077 08/24/95 000151
25078 08/24/95 000127
25079 08/24/95 000950
25080 08/24/95 000131
25081 08/24/95 001535
25081 08/24/95 001535
25082 08/24/95 001714
25083 08/24/95 001669
25084 08/24/95 001722
25085 08/24/95 001056
25086 08/24/95 000165
2SJ386 08/24/95 000165
S 08/24/95 000165
CZTY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR ITEM
NAHE DESCRIPTION
A S A P TRUCK TRACTOR &
A S A P TRUCK TRACTOR &
A S A P TRUCK TRACTOR &
ALLNON, VYLANI
AMERICAN COURIER
WEED ABATEMENT-YNEZ RD
I,/EED ABATEMENT-PALA RD
MEED ABATENENT-DEPORTOLA RD
TCSD INSTRUCTOR EARNINGS
COURIER SERVS FOR RDA PAPS
AMERICAN PLANNING ASSOC MEMBERSHIP DUES-GARY THORNHILL
AMERICAN PLANNING ASSOC
APPLE ONE, INC,
BARTLETT, SALPA
BONNARD, LAURIE
BRADLEY, RONALD E.
CAL WEST RENTAL CENTER,
CALIFORNIA LANDSCAPE PA
CALIFORNIA PAIN STREET
CALIFORNIA MUNICIPAL ST
CALIFORNIA PARKS & RECR
CALIFORNIA SOCIETY OF C
CALIFORNIAN' INC. -LEGA
CALIFORNIAN, INC.- DISP
CARL WARREN & CO., INC.
CREEKSIDE TEXACO, INC.
CREEKSIDE TEXACO, INC.
DREAM ENGINEERING, INC.
DUNN EDWARDS CORPORATIO
EDWARDS, SALLY
EXCEL LANDSCAPE
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, INC,
FEDERAL EXPRESS, INC.
MEMBERSHIP DUES-GARY THORNHILL
TEMP HELP W/E 8/5 COTA
REFUND-TCSD CLASS REGISTRj~TION
REFUND-CANCELLED CLASS
BRADLEY/PALA RD MEETING/8/16
PARK PAINT RENTAL EQUIP"AUG
REMOVE OLIVE TREES, FILL HOLES
NETWRK MTG-MEYER-09/13-15
DEBIT STATEMENT FOR CAFR
HARTLEY-MEMBERSHIP PAINT SUPER
MCDERMOTT-MEMBERSHIP CPA
PUBLIC NOTICES IN JULY 95
UPDATE CIP DISPLAY ADS
SOUTHERN CAL EDISON, 03/09/95
VEHICLE PAINT & REPAIRS-PW
VEHICLE PAINT & REPAIR P/WORKS
ELECT ENGINEERING SERVICES
RECYCLED GRAFFITI PAINT
TCSD INSTRUCTOR EARNINGS
SOCCER FILLED SLOPE-LANDSCAPE
EXPRESS PAIL SERVICES
EXPRESS MAIL SERVICES
EXPRESS PAIL SERVICES
PAGE Z
ACCOIJNT ITEM CHECK
NUMBER AHOUNT AMOUNT
100-164-601-5402 ~90.00
100-164-601-5402 995.00
100-164-601-5402 990.00 3,965.00
190-183-999-5330 744.00 744.00
280-199-999-5230 65.00 65,00
001-161-501-5226 26.50
001-161-502-5226 26,50 53,00
190-180-999-5118 41,28 41,28
190-183-4982 5,00 5,00
190-183-999-5330 30,00 30,00
001-110-999-5260 71,00 71,00
190-180-999-5238 35.56 35.56
190-180-999-5415 200.00 ZO0.O0
001-161-502-5258 63.65 63.65
001-140-999-5250 350,00 350.00
190-180-999-5226 130,00 130,00
001-140-999-5226 45,00 .' 45,00
001-161-501-5256 145,64 145,64
001-165-999-5256 132,40 132,40
300-199-999-5205 118,38 118,38
001-16,~-999-5214 123,58
100-164-601-5214 30.37 153.95
210-190-141-5802 124,00 124,00
100-164-601-5218 141.04 141.04
190-18~-999-5330 80.00 80.00
190-180-999-5415 250,84 250,84
001-161-501-5230 9,50
001-100-999-5230 9,50
190-180-999-5230 17,25 36,25
VOUCHRE2
08/24/95
VOUCHER/
CHECK
NUMBER
25087
25088
25088
25089
25090
25091
25092
25092
25092
25092
25092
25093
25094
25094
25094
25094
25094
25094
25094
25095
25096
25096
25097
25098
25099
25099
25100
25101
25101
25101
25101
25102
25102
25102
17:17
CHECK
DATE
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
VENDOR
NUMBER
001002
000643
000643
000170
000993
000184
000184
000184
000184
000184
000481
000177
000177
000177
000177
000177
000177
000177
000192
000178
000178
001609
000797
001343
001343
000194
000194
000194
000194
001407
001407
001407
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR ITEM ACCOUNT
NAME DESCRIPTION NUMBER
FIRST INTERSTATE BANK C 5473-6664-0391-0131-AE
FORTNER HARDWARE, INC. TCSD MAINT. SUPPLIES AUG
FORTNER HARDWARE, INC. MAINT SUPPLIES/PUBLIC WORKS
FRANKLIN QUEST COMPANY, STORAGE BINDER 5X8
FREEDOM COFFEE, INC. BEVERAGE SERVICE - CITY HALL
G T E CALIFORNIA
R&R DAMAGED FACILITIES-SANTIAG
G T E CALIFORNIA - PAYN 909 181-1123 GEM USAGE
G T E CALIFORNIA - PAYM 909 364-1993 CITY HALL
G T E CALIFORNIA - PAYM 909 695-3564 CITY ALARM
G T E CALIFORNIA - PAYN 909 699-8632 GEM USAGE
G T E CALIFORNIA - PAYM 909 699-9159 TEMP SERVICE
GEOTECHNICAL & ENVIRONM PROF SERVS FOR PALA CONN PRK
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLOBAL CUMPUTER SUPPLIE
GBC BINDING 3/8"
GBC BINDING 1/2"
TAX
MISC. OFFICE SUPPLIES
GBC BINDING 3/8'1
TAX
MISC OFFICE SUPPLIES
CADMOBILE W/DIGITIZER-PUTTY
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
GREATER ALARM COMPANY,
REPAIR PARTS FOR CRIME PREV PC
TAX
COMM ALARM MONITORING-SEPT
HARTLEY, BRUCE
TUITION REIMBURSEMENT
HOWE WELDING & FABRICAT TOOL BOX REPAIRS & FABRICATION
HOWE WELDING & FABRICAT TAX
HULBERT, LYNN
REFUND-CANCELLED DAY CAMP
I C M A RETIREMENT TRUS 000194
I C M A RETIREMENT TRUS 000194
I C M A RETIREMENT TRUS 000194
I C N A RETIREMENT TRUS 000194
DEF COMP
DEF COMP
DEF CUMP
DEF CUMP
INTER VALLEY POOL SUPPL
INTER VALLEY POOL SUPPL
INTER VALLEY POOL SUPPL
CRC POOL CHEMICALS
CRC POOL CHEMICALS- AUG
CRC POOL CHEMICALS- AUG
001-162-999-5260
190-180-999-5212
100-164-601-5218
001-110-999-5220
340-199-999-5250
100-164-601-5250
320-199-999-5208
320-199-999-5208
320-199-999-5208
320-199-999-5208
320-199-999-5208
210-190-120-5802
001-120-999-5220
001-120-999-5220
001-120-999-5220
190-182-999-5220
001-120-999-5220
001-120-999-5220
190-182-999-5220
001-163-999-5242
001-170-999-5221
001-170-999-5221
340-199-999-5250
001-150-999-5259
100-164-601-5214
100-164-601-5214
190-18~-4984
001-2080
100-2080
190-2080
192-2080
190-182-999-5212
190-182-999-5212
190-182-999-5212
ITEM
AMOUNT
46.68
10.45
43.63
12.61
126.68
550.79
545.13
1,143.79
56.47
27.40
269.52
450.00
9.40
6.80
1.26
.98
18.80
1.46
60.32
338.70
495.00
38.36
35.00
400.00
831.00
64.4O
125.00
937.91
86.43
463.71
~.00
195.57
448.98
2~7.05
PAGE 3
CHECK
AMOUNT
46.68
54.08
12.61
126.68
550.79
2,042.31
450.00
99.02
338.70
:
533.36
35.00
400.00
895.40
125.00
1,563.05
25103 08/24/95 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 134.88
VOUCHRE2
0"'~ '95 17:17
VOUCHER/
CHECK CHECK VENDOR
NUNBER DATE NUI4BER
25103 08/24/95 000199
25104 08/24/95 000750
25104 08/24/95 000750
25105 08/24/95 0011845
25106 08/24/95
25107 08/24/95 000203
25108 08/24/95
25109 08/24/95 001349
25110 08/24/95 001&~7
25110 08/24/95 001(~7
25110 08/24/95 001~7
25110 08/24/95 001~7
25110 08/24/95 001(~7
25110 08/24/95 001~7
08/24/95 000206
25112 08/24/95 000945
25112 08/24/95 000945
25113 08/24/95 001982
25114 08/24/95
25115 08/24/95 001709
25116 08/24/95 000~9
25117 08/24/95 001513
25117 08/24/95 001513
25118 08/24/95 0018&5
25119 08/24/95 000553
25120 08/24/95 001967
25121 08/24/95 001027
25122 08/24/95 00138~
25122 08/24/95 00138~
25~17.3 08/24/95
VENDOR
NAHE
INTERNAL REVENUE SERVIC
INTOXIMETERS, INC.
INTOXIMETERS, INC.
IRWIN, JOHN
IVERSON, LISA
JOBS AVAILABLE, INC.
JOHNSON, NON I CA
KANE, BALLHER & BERIOIAN
KELLY TEMPORARY SERVICE
KELLY TEMPORARY SERVICE
KELLY TEMPORARY SERVICE
KELLY TEMPORARY SERVICE
KELLY TEMPORARY SERVICE
KELLY TEMPORARY SERVICE
KINKO'S OF RIVERSIDE, I
L P S COHPUTER SERVICE
L P S COMPUTER SERVICE
L t41LLIAHS LANDSCAPE, I
LAW ENFORCEMENT TRAININ
LA~/YERS & JUOGES PUBLIS
LEAGUE OF CAL. CITIES
LIBERTY AUTO CENTER
LIBERTY AUTO CENTER
M C I TELECONNUNICATION
MAGIC MOUNTAIN
MANPOi,IER TEMPORARY SERV
METROPOLITAN MATER DIST
MINUTEMAN PRESS
MINUTEMAN PRESS
PANNELL, HICHELLE
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
! TEN
DESCR[PT[OR
0001~9 IRS GARN
MOUTHPIECES USED/, DUI TESTING
FRE I GHT
TCSD INSTRUCTOR EARNINGS
REFUND*CANCELLED CLASS
RECRUIT AD FOR BLDG INSPECTOR
REFUND-TCSD CLASS REGISTRATION
JULY PROF LEGAL SERVS
TEHP HELP tale 8/6 EVANS
TEHP HELP tale 8/6 EVANS
TEMP HELP tale 8/6 EVANS
TEHP HELP ta/E 8/13 EVANS
TEMP HELP tale 8/13 EVANS
TEHP HELP ta/E 8/13 EVANS
NISC COPY SUPPLIES
POt,/ER NODULE FOR HP LASERJET
TAX
CITY taIDE TREE TRIMMING SERVS
PED/BIKE ACCDNT TRAIN/PIN08/15
MOTORCYCLE ACCIDENT RECONSTRUC
MEMBERSHIP NTG/R.ROBERTS 8/17
VEHICLE REPAIRS TODS
REPAIR/NAINT. VEHICLE; B&S
Y0219324 LONG DISTANCE SERVS
TICKET SELLS"ON CONSIGNMENT
TENP HELP tale 8/13/95
PERMIT FOR taESTERN BYPASS
BUSINESS CARDS-S.OAKLEY
TAX
REFUND"CANELLED CLASS
ACCOUNT
NUMBER
100-2140
001-170-~-5242
001-170-~-5242
190-183-999-5330
190-183-4982
001-150-999-5254
190-183-4986
280-1~-~-5246
001-165-~-5118
001-165-~-5118
lO0-1&/,-&O~-5118
001-165-~-5118
001-165-~-5118
100-164-604-5118
330-1~-~-5220
001-170-~-5215
001-170-~-5215
100-164-601-5402
001-170-~-5261
001-170-~9-5242
001-100-~-5258
190-180-9<~-5214
001-162-~99-5214
320-199-999-5208
190-183-999-5350
100-164-601-5118
210-165-612'5802
001-140-~-5222
001-140-~-5222
190-18:3-4980
I TEN
AMOUNT
134.87
215.50
9.29
201.60
35.00
72.00
20.00
800.00
97.07
97.07
97, 06
72.80
72.80
72.80
13
160.00
11.20
13,976.25
375. O0
60,50
25.00
121.80
278.47
1,080.53
2,474.70
459.20
500.00
38.25
2.96
37.00
PAGE 4
CHECK
AMOUNT
269.75
224.7~
201.60
35.00
72.00
20.00
800.00
509.60
13.95
171.20
13,976.25
; 375.00
60.50
25.00
400.27
1,080.53
2,474.70
459.20
500.00
41.21
37.00
VOUCHRE2 CITY OF TEMECULA
08/24/95 17:17 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 5
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
25124 08/24/95 PATTON, NARILYN REFUND-SECURITY DEPOSIT 190-2900
100.00
100.00
25125 08/24/95 000246 PERS (EMPLOYEES/ RETIRE 000246 PER REDE 001-2130
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PER REOE 100-2130
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 100-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 100-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390
25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390
191.62
65.18
11,524.97
2,046.24
76.42
2,8~9.62
84.62
99.73
294.07
68.91
232.65
102.60
268.09
333.89
46.71
9.48
.?3
13.49
.47
.93
1.39
.23
.78
.46
2.09
18,416.46
25126 08/24/95 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 100-2122
51.70
51.70
25127 08/24/95 000249 PETTY CASH PETTY CASH REINBURESMENT 001-161-501-5260
25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 190-180-999-5220
25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 190-183-999-5340
25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 190-183-999-5340
25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 001-100-999-5260
25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 001-110-999-5260
25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 320-199-999-5221
10.00
4~,.38
8.85
5.00
25.00
113.75
15.21
222.19
25128 08/24/95 PHIFER, DIANE REFUND-CANCELLED CLASS 190-183-4982
35.00
35.00
25129 08/24/95 000580 PHOTO ~/C)RKS
FILM, SLIDES AND PICTURES 190-180-999-5301
26.05
26.05
25130 08/24/95 000254 PRESS-ENTERPRISE CONPAN DISPLAY ADS FOR CZP PRJTS 001-165-999-5256
25130 08/24/95 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICES-ADVANCE PLANHIM 001-161-502-5256
80.00
80.00
160.00
25131 08/24/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES 190-180-999-5212
25131 08/24/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVXCES 340-199*999-5212
25131 08/24/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES 190-180-999-5212
57.99
41.44
53.73
VOUCHRE2 PAGE 6
Pr"*~95 17:17
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK VENDOR VENDOR
NUMBER DATE NUMBER NAME
25131 08/24/95 000255 PRO LOCK & KEY
25131 08/24/95 000255 PRO LOCK & KEY
25131 08/24/95 000255 PRO LOCK & KEY
25131 08/24/95 000255 PRO LOCK & KEY
ITEM
DESCRIPTION
TCSD LOCKSMXTH SERVICES
TCSD LOCKSMITH SERV PARKS-AUG
TCSD LOCKSMITH SERVICES
TCSD LOCKSMITH SERV TCSD-AUG
ACCOUNT
NUMBER
340-199-999-5212
190-180-999-5212
190-180-999-5212
190-180-999-5212
25132 08/24/95 000728 RANSEY BACKFLOg & PLUMB REPAIR/REPLACE BCKFLOU DEVICES 190-180-999-5212
ITEM
AMOUNT
35.00
27.50
45.00
26.94
325.00
CHECK
AMOUNT
287.60
325.00
25133 08/24/95 000260 RAN-TEC RUBBER STAMP MF NAME PLATES FOR COlel SERV
25133 08/24/95 000260 RAN-TEC RUBBER STAMP MF NAME PLATE- COI~ISSIONER
001-161-501-5220
001-161-501-5220
14.01
7.00
21.01
25134 08/24/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS REPOGRAPHICS 210-190,626-5802
25134 08/24/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS REPOGRAPHIC-PRKVZEW 210-190-626-5802
25134 08/24/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPROOUCTIOR-WALCOTT 210-165-637-5802
25134 08/24/95 000947 RANCHO BELL BLUEPRINT C XEROX 5080 BOND FOR BLUEPRINTS 210-199-650-5804
25134 08/24/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPROOUCTIOR-WALCOTT 210-165-6~7-5802
25134 08/24/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS REPOGRAPHICS 210-165-612-5802
470.65
8.53
261.83
248.67
164.86
17.53
1,172.07
25135 08/24/95 000262 RANCHO CALIFORNIA WATER 1657545 WATER SERVICE-PARKS 190-180-999-5240
25135 08/24/95 000262 RANCHO CALIFORNIA WATER WATER SERVICE/LANDSCAPING 193-180-999-5240
25135 08/24/95 000262 RANCHO CALIFORNIA WATER WATER SERVICE/LANDSCAPING 190-180-999-5240
154.43
5,609.12
2,522.96
8,286.51
~c136 08/24/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES"PARKS 190'180"999"5212
,7 08/24/95 000792 REGENTS OF U.C. RIVERSI TURF GRASS CONF-NARTLEY 9/6 190-180'999'5261
82.75
25.00
82.75
25.00
25138 08/24/95 000266 RIGHTWAY
PORTABLE TOLILET FOR CITY YARD 100-164-601-5238
57.39
57,39
25139 08/24/95 000678 RIVERSIDE CO. HEALTH SE SNACK BAR HEALTH PERMIT
190-180-999-5250
130.00
130,00
25140 08/24/95 001675 RIVERSIDE CO./GSA BUILD RIGHT OF WAY-REAL PROPERTY OlV 280-199-602-5700
386.63
25141 08/24/95 000873 ROBERTS, RONALD H. CAL CITIES CONF:R.ROBERTS:7/26 001-100-999-5258
15.13
15.13
25142 08/24/95 001902 SCHOOL ADMINISTRATORtS LEGAL REFERENCES FOR CA t95 001-170-999-5228
27.50
27.50
25143 08/24/95 SNO~, CAROLYN REFUND-CANCELLED CLASS 190-183-4982
42.00
42.00
25144 08/24/95 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVICES - CITY 340-199-999-5250
42.00
42.00
25145 08/24/95 000374 SOUTHERN CALIF EDISON 2-O0-987-1674-ELECTRIC SERVICE 191-180-999-5319
32.87
32.87
25146 08/24/95 001212 SOUTHERN CALIF GAS CONP 07-8272-901-5751-9 GAS SERVICE 190-182-999-5240
202.76
202.76
25147 08/24/95 000375 SOUTHERN CALIF TELEPHON 9092060992-BH-AUG
25147 08/24/95 000375 SOUTHERN CAL]F TELEPHON 9092024754-KH-AUG
25147 08/24/95 000375 SOUTHERN CALIF TELEPHON 9092023800-ffid-AUG
25147 08/24/95 000375 SOUTHERN CALIF TELEPHON 909 202-4752 SN
25147 08/24/95 000375 SOUTHERN CALIF TELEPHON 9092024755-C1TY VAN-AUG
190-180-999-5208
190-180-999-5208
190-180-999-5208
190-180-999-5208
190-180-999-5208
65.99
1~6.98
152.17
83.16
42.77
491.07
2_~148 08/24/95 001678 STEPHENSON, KATIE J. REIMBURSEMENT FOR MILEAGE 001-120-999-5250 47.70 47.70
VOUCHRE2
08/24/95
VOUCHER/
CHECK
NUMBER
25149
25149
25150
25150
25150
25151
25151
25151
25152
25153
25153
25154
25155
25155
25156
25156
25156
25156
25156
25156
25156
25156
25157
25157
25157
25157
25158
25158
25158
25158
25158
25159
25159
25159
25159
25159
25159
25159
25159
25160
17:17
CHECK
DATE
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
08/24/95
VENDOR
NUMBER
000521
000521
002013
002013
002013
000305
000305
000305
001672
000320
000320
000826
001179
001179
001065
001065
001065
001065
001065
001065
001065
001065
000389
000389
000389
000389
000325
000325
000325
000325
000325
000326
000326
000326
000326
000326
000326
000326
000326
001890
VENDOR
NAME
STEWART, BRUCE M.
STEWART, BRUCE M.
SUMMNIT SAFETY PRODUCTS
SUMMMIT SAFETY PRODUCTS
SUMMMIT SAFETY PRODUCTS
TARGET STONE
TARGET STONE
TARGET STORE
TEMECULA DRAIN SERVICE
TOWIlE CENTER STATIONERS
TO~NE CENTER STATIONERS
TRAVEL TRUST
TREBOR COMPANY INC., TH
TREBOR COMPANY INC., TH
U S C M/PEBSCO (DEF, C
U S C N/PEBSCO (DEF. C
U S C M/PEBSCO (DEF, C
U S C N/PEBSCO (DEF. C
U S C M/PEBSCO (DEF. C
U S C M/PEBSCO (DEF. C
U S C M/PEBSCO (DEF. C
U S C M/PEBSCO (DEF. C
U S C M/PEBSCO (OBRA)
U S C M/PEBSCO (OBRA)
U S C N/PEBSCO (OBRA)
U S C M/PEBSCO (ONRA)
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
JULY PLAN CHECK SERVS
JULY PLAN CHECK SERVS
ICE PACKS FON FIRST AID
ICE PACKS FON FIRST AID
TAX
MISC SUPPLIES FON RECREATION
MISC SUPPLIES FON RECREATION
NISC SUPPLIES FOR RECREATION
REPAIR DRINKING FOUNTAIN PRK
OFFICE SUPPLIES FOR P.W. ADMIN
OFFICE SUPPLIES FOR CIP
AIR: PUBLIC SAFETY POL/ROBERTS
NIGHT VEST FON MAINT CREWS
TAX
001065 DEF COMP
001065 DEF COMP
001065 DEF COMP
001065 DEF COMP
001065 DEF COMP
001065 DEF COMP
001065 DEF COMP
001065 DEF COMP
000389 PT RETIR
000389 PT RETIR
000389 PT RETIR
000389 PT RETIR
UNITED ~AY OF THE INLAN 000325 UU
UNITED WAY OF THE INLAN 000325 UW
UNITED ~AY OF THE INLAN 000325 U~
UNITED ~AY OF THE INLAN 000325 U~
UNITED ~AY OF THE INLAN 000325 U~
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
VORTEX DOORS
UNIFORM MAINT FON PUBLIC WORKS
UNIFORM NAINT PUBLIC ~ORKS
UNIFORMS MAINT FON PW
UNIFONM MAINT, FON TCSD
UNIFORM MAINT FON TCSD AUG
FLOOR MAT RENTAL-CITY HALL
FLOOR NAT RENTAL-CRC
FLOOR NAT RENTAL-SR CNTR
DOOR MAXNT & REPAIR CRC
ACCOUNT
NUMBER
001-162-999-5248
001-171-999-5470
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180'-999-5212
100-164-604-5220
001-165-999-5220
001-100-999-5258
100-164-601-5218
100-164-601-5218
001-2080
100-2080
190-2080
194-2080
280-2080
300-2080
320-2080
340-2080
001-2160
100-2160
190-2160
280-2160
001-2120
100-2120
165-2120
190-2120
280-2120
100-164-601-5243
100-164-601-5243
100-164-601-5243
190-180-999-5243
190-180-999-5243
:540-199-999-5250
190-182-999-5250
190-181-999-5250
190-182-999-5212
ITEM
AMOUNT
300.00
40.00
33.60
21.60
4.28
42.92
73.78
42.29
80.00
37.08
50.91
1~4.00
236.00
18.29
2,166.60
105.58
350.56
5.0O
19.70
4.98
312.50
87.50
383.08
60.00
'990.32
9.60
56.80
6.50
.75
17.00
.95
23.50
23.50
24.58
20.85
20.85
34.50
38.23
25.12
450.00
PAGE 7
CHECK
AMOUNT
340.00
59.48
158.99
80.00
87.99
144.00
254.29
3,052.42
1,443.00
82.00
211.13
VOUCHRE2
r'~ '/95 17:17
CZTY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIOOS
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
25161 08/24/95 000340 WHITE CAP INDUSTRIES, I EQUIP FOR LAND DEVEL INSPECTOR 001-163-999-5242
25161 08/24/95 000340 WHITE CAP ]NOUSTRIES, I TAX 001-163-999-5242
25162 08/24/95 000466 WHITEHEAD, RHONDA
TCSD INSTRUCTOR EARNINGS
190-183-999-5330
ITEM
AMOUNT
62.10
4.81
160.00
PAGE 8
CHECK
AMOUNT
66.91
160.00
TOTAL CHECKS
102,295.42
VOUCHRE2
09/01/95
12:03
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 5
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
190 COMMUNITY SERVICES DISTRICT
191 TCSD SERVICE LEVEL A
210 CAPITAL IMPROVEMENT PROJ FUND
280 REDEVELOPMENT AGENCY - CIP
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
TOTAL
ANOUNT
6,731.92
2,699.53
9,9T5.64
3,872.27
1,378.91
7,306.73
2,180.33
4,535,11
18,183.22
56,861.66
VOUCHRE2
"/95 12:03
VOUCHER/
CHECK CHECK VENDOR
NUMBER DATE NUMBER
24158 07/01/95 001979
25058 08/18/95 002052
25163 09/01/95 001696
25167 08/31/95 002038
25168 08/31/95 000110
25169 08/31/95 000747
25170 08/31/95 000101
25171 08/31/95 001323
25171 08/31/95 001323
25172 08/31/95 000622
25172 08/31/95 000622
25172 08/31/95 000622
-"""~73 08/31/95 000486
_,74 08/31/95 000950
25175 08/31/95 002045
25176 08/31/95
25176 08/31/95
25177 08/31/95
25177 08/31/95 000138
25178 08/31/95 001193
25179 08/31/95 002044
25180 08/31/95 001535
25180 08/31/95 001535
25181 08/31/95
25182 08/31/95 001233
25183 08/31/95 001029
25184 08/31/95 000155
25184 08/31/95 000155
~5185 08/31/95 000165
~5 08/31/95 000165
VENDOR
NAME
INLAND PAINTING
MAPLES & ASSOCIATES
STAPLES OFFICE SUPPLY
ACTION POOL & SPA SUPPL
AMERICAN BUSINESS SYSTE
AMERICAN PLANNING ASSOC
APPLE ONE, INC.
ARROWHEAD WATER, INC.
ARROWHEAD WATER, INC,
BANTA ELECTRIC'REFRIGER
BANTA ELECTRIC-REFRIGER
BANTA ELECTRIC-REFRIGER
CALIFORNIA MUNICIPAL BU
CALIFORNIAN, INC.- DISP
CARLSON WAGONLIT TRAVEL
000137 CHEVRON U S A INC,
000137 CHEVRON U S A INC.
000138 CITICORP NORTH AMERICA
CITICORP NORTH AMERICA
COMP USA, INC.
CONVENTION HOUSING RESE
CREEKSIDE TEXACO# INC,
CREEKSIDE TEXACO, INC.
CROONS, DARLENE
DAN#S FEED & SEED, INC.
DATAQUICK, INC.
DAVLIN
DAVLIN
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, INC.
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
iTEM
DESCRIPTION
PAINTZNG WALLS a CITY HALL
STREET MARKINGS ON RANCHO CAL
DESK JET 540 PRINTER
POOL HAINTENANCE SUPPLIES
POSTAGE SCALE UPGRADE
D HOGAN/APA MEMBERSHIP
TEMP HELP W/E 8/12 COTA
WATER CHARGE/CITY HALL
BOTTLED WATER FOR CITY YARD
SR CENTER/BROKEN RAINSHIELD
CRC ELECTRICAL SERVICE
SR CENTER/OUTLET IN KITCHEN
CONF/Z. SMITH/NOV 1-4
RECRUITMENT ADVERTIS]NG-JUL
CONF/J MEYER/SEPT 13-16
FUEL EXPENSE FOR CITY VEHICLES
FUEL EXPENSE FOR CITY VEHICLES
PHONE SYSTEM/SEPT
PHONE SYSTEM/SEPT
MISC COMPUTER SUPPLIES
ROBERTS/LEAGUE OF CALIF CITIES
VEHICLE MAINT & REPAIR/P WORKS
VEHICLE NAINT & REPAIR/P WORKS
REFUND-BUS. OUT OF CITY LIMITS
PROPANE GAS FOR NAINT CREW
ACCOUNT
NUMBER
340-1~-999-5212
100-164-601-5402
001-170-~-5221
190-182-~99-SZlZ
330-199-~9-5217
001-161-501-5226
001-140-999-5118
340-199-999-5240
100-164-601-5240
190-181-999-5250
190-182-999-5250
190-181-999-5250
001-140-999-5261
001-150-999-5254
001-161-502-5258
001-161-502-5262
190-180-999-5263
320-2800
320-199-999-5391
320-199-999-5221
001-100-999-5258
100-164-601-5214
100-164-601-5214
001-199-4060
100-164-601-5218
MNTHY COUNTY PARCEL INFORMATIO 320-199-999-5250
RECOROINGS OF PC MEETINGS 001-161-501-5250
BROADCASTING OF COUNCIL MTGS. 001-100-999-5250
FEDERAL EXPRESS/TCSD 190-180-999-5230
FEDERAL EXPRESS/BLDG & SAFETY 001-162-999-5230
ITEM
AMOONT
1,900.00
400.00
226.26'
27.99
104.51
45.50
288.96
199,70
38.50
73.00
83.00
46.20
95.00
15.58
101.00
13.42
80.75
1,316.94
110.63
358.12
100,00
2~.07
24.95
20.00
12.47
85.24
153.34
800.00
9.50
26,50
PAGE 1
CHECK
AMOUNT
1,900.00
400.00
226.26
27.99
104.51
45.50
288.96
238.20
202,20
95.00
15,58
101.00
94.17
1,427,57
358.12
100.00
300.02
20.00
12.47
85.24
953.3~
VOUCHRE2 PAGE 2
09/01/95 12:03 "
VOUCHER/
CHECK
NUMBER
25185
25185
25186
25186
25186
25187
25188
25188
25188
25189
25189
25189
25190
25190
25190
25190
25190
25191
25192
25195
25194
25194
25194
25195
25196
25197
25198
25199
25200
25200
25201
25201
25201
25202
CHECK
DATE
08/31/95
08/51/95
08/51/95
08/51/95
08/31/95
08/31/95
08/51/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/31/95
08/51/95
08/51/95
08/51/95
08/31/95
08/51/95
08/31/95
08/31/95
08131195
VENDOR
NUMBER
000165
000165
001002
001002
001002
000170
000184
000184
000184
001164
001164
001164
000177
000177
000177
000177
000177
002054
000871
001667
000206
000206
000206
000209
000580
000596
000414
000214
000220
000220
001384
00138~
00138~
002050
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR ITEM
NAME DESCRIPTION
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, INC.
EXPRESS NAIL SERVICES/AUG
EXPRESS NAIL SERViCES/AUG
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
5473-6664-0391-0099-J STONE
5475-666~-0391-0073-R PARKS
5473-6664-0591-0081-R ROBERTS
FRANKLIN QUEST COMPANY, FRANKLIN CALENDARS 95/96
G T E CALIFORNIA - PAYM 909-693-0956/CLTY HALL AUG
G T E CALIFORNIA - PAYM 909-699-2475 PUBLIC WORKS/AUG
G T E CALIFORNIA - PAYM 909-699-7945/CRC FIRE ALARM
GABRIEL, RICHARD
GABRIEL, RICHARD
GABRIEL, RICHARD
RENT FOR CITY YARD LOCATED AT
RENT FOR CITY YARD LOCATED AT
RENT FOR CITY YARD LOCATED AT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PRODUCT
MISC OFFICE SUPPLIES/B & S
OFFICE SUPPLIES/POLICE
MISC OFFICE SUPPLIES/H R
MISC OFFICE SUPPLIES/FINANCE
OFFICE SUPPLIES FOR TCSD
H R P LANDESIGN
BLUEPRINTS FOR THE POND
HILTON
CONF/Z SMITH/HOTEL NOV 2
KELLY TEMPORARY SERVICE TEMP HELP W/E 8/13 LUJAN
KINKO'S OF RIVERSIDE,
KINKO'S OF RIVERSIDE,
KINKO:S OF RIVERSIDE,
MISC STATIONARY/COPY SUPPLIES
MISC. RECREATION SUPPLIES
NISC. RECREATION SUPPLIES
L & M FERTILIZER, INC. PARTS, EQUIP AND REPAIRS
LAIDLAW TRANSIT, INC. KNOTTS BERRY DAY CAMP BUS TRIP
LEAGUE OF CAL. CITIES CONF/J GREEK/OCT 22-25
LONGS DRUG STORE
FILM PURCHASE AND PROCESSING
LUNCH & STUFF CATERING NTG/CITY ATT/INS ADJUST/KUHNS
MAURICE PRINTERS, INC. PRINT/NEIGHBORHOOD WATCH LTR
MAURICE PRINTERS, INC. TAX
MINUTEMAN PRESS
MINUTEMAN PRESS
MINUTEMAN PRESS
BUSINESS CARDS/MCDERMOTT/KUHNS
TAX
BUSINESS CARDS/S NELSON
MUSIC MATES PIANO RENTA PIANO RENTAL/STAR SEARCH/TCSD
ACCOUNT
NUMBER
001-162-999-5250
190-180-999-5230
001-100-999-5258
001-100-999-5258
001-100-999-5258
001-161-502-5220
320-199-999-5Z08
100-164-601-5208
320-199-999-5208
100-164-601-5234
190-180-999-5234
001-162-999-5234
001-162-999-5220
001-170-999-5220
001-150-999-5220
001-140-999-5220
190-180-999-5220
210-190-143-5802
001-140-999-5261
001-140-999-5118
350-199-999-5220
190-180-999-5222
190-180-999-5222
190-180-999-5242
190-18~-999-53~0
001-120-999-5258
190-180-999-5250
001-140-999-5260
001-170-999-5222
001-170-999-5222
001-140-999-5222
001-140-999-5222
190-180-999-5222
190-183-999-5520
I TEN
AMOUNT
13.00
53.70
371.44
627,47 .'
871.56
26.61
210.18
39.14
63.34
440.00
352. O0
88.00
8.88
98.62
23.39
30.18
266.28
70.00
82.88
442. O0
8~.26
12.95
45.09
209.76
439.27
195.00
6.45
42.00
462.30
35.83
205.00
15.88
110.44
135.00
CHECK
· AMOUNT
102.70
1,870.47
26.61
312.66
880.00
82.88
442.00
142.28
209.76
439.27
195.00
6.45
42.00
498.13
331.32
VOUCHRE2 CITY OF TEMECULA
'/95 12:03 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE 3
VOUCHER/
CHECK CHECK VENDOR VENDOR ITEM ACCOUNT
NUMBER DATE NUMBER NAME DESCRIPTION NUMBER
ITEM
AMOUNT
CHECK
AMOUNT
25203 08/31/95 000235 0 C B REPROGRAPHICS, IN BLUEPRINTS PARKVIEW
25203 08/31/95 000235 0 C B REPROGRAPHICS, IN OVERCHARGE PER AGREEMENT
210-190-626-5802
210-190-626-5802
376.18
~.08-
332.10
25204 08/31/95 000580 PHOTO WORKS SLIDES, PICTURES, COPIES 001-161-501-5224
25205 08/31/95 002051 PRE-TREAT REFUND-3 CITATIONS/BY SGT RUSH 001-2260
25205 08/31/95 002051 PRE-TREAT REFUND-3 CITATIONS/BY SGT RUSH 001-170-4055
15.00
60.00
75.00
25206 08/31/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES-OPEN 190-180-999-5212
25206 08/31/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES-OPEN 340-199-999-5212
25206 08/31/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES-OPEN 190-180~999-5212
26.18
27.50
283.60
337,28
25207 08/31/95 001364 R C P BLOCK & BRICK, IN BOYSCOUT CONST PROJECT-KH PARK 190-180-999-5212
165.50
165.50
25208 08/31/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS WALCOTT CORRIDOR
25208 08/31/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS WALCOTT CORRIDOR
210-165-617-5802
210-165-637-5802
164.86
193.95
358.81
25209 08/31/95 000262 RANCHO CALIFORNIA WATER 02-79-10100-1 WATER SERVCS AUG 190-180-999-5240
25210 08/31/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-CITY HALL 340-199-999-5212
25210 08/31/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-CITY HALL 340-199-999-5212
'~°10 08/31/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-PARKS 190-180-999-5212
53.92
181.27
14.76
246.56
53.9Z
~2.59
_11 08/31/95
RANCHO NUEVO RESTAURANT REFUND-OVERCHARGED WRONG BUS. 001-199-4056
70.00
70.00
25212 08/31/95 000266 RIGHTWAY PORTABLE TOILET RENTAL/PARKS 190-180-999-5238
25212 08/31/95 000266 RIGHTWAY PORTABLE TOILET RENTAL/PARKS 190-180-999-5238
25212 08/31/95 000266 RIGHTWAY PORTABLE TOILET RENTAL/PARKS 190-180-999-5238
62.89
125.78
62.89
251.56
25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 100-164-601-5263
25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-165-999-5263
25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-165-999-5262
25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-110-999-5262
25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-162-999-5263
25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 190-180-999-5263
25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-170-999-5262
388.03
50.81
197.41
61.82
87.50
80.18
74.01
939.76
25214 08/31/95 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVS/SEN CENTER 190-181-999-5250
58.00
58. O0
25215 08/31/95 000374 SOUTHERN CALIF EDISON 2-O0-397-5026/ELECT SERVS AUG 191-180-999-5240
25215 08/31/95 000374 SOUTHERN CALIF EDISON 2-O0-397-5026/ELECT SERVS AUG 191-180-999-5319
25215 08/31/95 000374 SOUTHERN CALIF EDISON 2-O0-397-5042/ELECT SERVCS AUG 340-199-999-5240
25215 08/31/95 000374 SOUTHERN CALIF EDISON 2-O0-397-5059/ELECT SERVCS AUG 190-180-999-5240
25215 08/31/95 000374 SOUTHERN CALIF EDISON 66-77-584-8087-02/ELECT SERVCS 340-199-999-5240
25215 08/31/95 000374 SOUTHERN CALIF EDISON 66-77-795-8082-01 ELECT SERVCS 190-181-999-5240
25216 08/31/95 000291 SPEE DEE OIL CHANGE & T REPAIR/MAINT OF TCSD VEHICLES 190-180-999-5214
419.85
3,452.42
4,038.39
3,599.81
59.8~
1,554.07
20.99
13,124.38
20.99
25217 08/31/95 000752 STONE, JEFFREY E.
EX FORUM & LEADER SEMINAR 001-100-999-5258
11.56
11.56
'8 08/31/95 000305 TARGET STORE MISC SUPPLIES FOR RECREATION 190-180-999-5301 38.06 38.06
VOUCHRE2
09/01/95 12:03
VOUCHER/
CHECK CHECK VENDOR
NUHBER DATE NUNBER
25219 08/31/95 000743
25220 08/31/95
2S221 08/31/9S 001S4S
25222 08/31/95 O00&&8
25223 08/31/95 001483
25223 08/31/95 001483
252?.3 08/31/95 001483
25224 08/31/95 000783
25224 08/31/95 000783
25224 08/31/95 000783
25225 08/31/95 000320
25225 08/31/95 000320
25226 08/31/95 000826
25226 08/31/95 000826
25227 08/31/95 000459
25228 08/31/95 000326
25228 08/31/95 000326
25229 08/31/95 000524
25229 08/31/95 000524
25230 08/31/95
25231 08/31/95 000340
25232 08/31/95 000539
25233 08/31/95 001939
25234 08/31/95 000345
25234 08/31/95 000345
25234 08/31/95 000345
VENDOR
NAME
TAYLOR~ BOB :
TEMECULA PONY COLT LEAG
TIME NOT]ON TOOLS, INC.
TINNY D. PRODUCTIONS
TON DODSON & ASSOCIATES
TON DODSON & ASSOCIATES
TON DODSON & ASSOCIATES
TONAR ELECTRONICS, INC.
TONAR ELECTRONICS, INC.
TONAR ELECTRONICS, INC.
TOlalE CENTER STATIONERS
TOWNE CENTER STATIONERS
TRAVEL TRUST
TRAVEL TRUST
TUMBLE JUNGLE
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
VAN TECH ENGINEERING, I
VAN TECH ENGINEERING, I
VEASEY KENNY
WHITE CAP INDUSTRIES, I
WIMMER YAHADA ASSOCIATE
WINDSOR PROJECTS, INC.
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
XEROX CORPORATION BILLI
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
[TEM
DESCRIPTION
CRC FACILITY NAINTENANCE
REFUND-SECURITY DEPOSIT/CRC
TMT-CD99 PORTABLE ta3RKSTATION
DISC JOCKEY/STAR SEARCH/TCSD
TEM ENTERTAINMENT ADV.
TEM ENTERTAINMENT ADV,
RELEASE OF RETENTION
2 RED STROBE LANPS
PAR 36-E RED HALOGEN LANP
TAX
OFFICE SUPPLIES FOR P.W, ADMIN
OFFICE SUPPLIES FOR P,W. ADMIN
COlIF B[RDSALL/BRADLEY/LINDEHAN
CONF BIRDSALL/BRADLEY/LINDENAN
PAY INSTRUCTOR/TUNBLE JUNGLE
UN I FORM MAI NT/PUBL I C WORKS
UNIFORM KA]NT. FOR TCSD
PROTECTIVE CLOTHING/NAINT CREW
TAX
REFUND-SECURITY RENTALS/CRC
BOOT ALLOWANCE FOR R WEST
ADMIN FOR PALA PARK CONSTRUCTN
RENT-CITY HALL FOR SEPT
NETER USAGE li .O065/COPY
TAX
5100 COPIER MONTHLY LEASE
ACCOUNT
NUMBER
190-182-999-5212
190-2900
320-199-999-5221
190-183-999-5320
280-199-999-5248
280-1270
280-2035
001-170-999-5214
001-170-999-5214
001-170-999-5214
100-164-604-5220
100-164-604-5220
001-100-999-5258
001-110-999-5258
190-183-999-5330
100-164-601-5243
190-180-999-5243
100-164-601-5243
100-164-601-5243
190-2900
100-164-601-5243
210-190-120-5802
340-199-999-5234
330-199-~-5239
330-199-~99-5239
330-199-999-5239
ITEM
AMOUNT
225.00
100.00
35.88
50.00
852.50
852.50
5,601.73
107.85
24.74
2.85
571.93
35.69
288.00
1~4.00
1,148.00
23.50
20.85
337.87
24.50
100.00
: 87.88
618.00
11,761.76
1,262.39
97.83
2,986.12
PAGE
CHECK
AMOUNT
225,00
100.00
35.88
50.00
7,306.73
135.44
607.62
432.00
44.35
362.37
100.00
87.88
618.00
11,761.76
TOTAL CHECKS 56,861.66
VOUCHRE2
P '95
12:52
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
120 DEVELOPt4ENT IMPACT FUND
190 COMMUNITY SERVICES DISTRICT
193 TCSD SERVICE LEVEL C
210 CAPITAL INPROVENENT PROJ FUNO
280 REDEVELOPNENT AGENCY - CIP
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACiLiTIES
TOTAL
ANOUNT
292,733.04
5,858.00
1,410.00
1,100.00
41,264.97
68,494.95
12,643.50
17,815.31
5,127.37
2,500.00
448,947.14
VOUCHRE2
09/01/95
VOUCHER/
CHECK
NUMBER
25241
25242
25242
25243
25244
25244
25245
25246
25246
25246
25247
25248
25248
25248
25248
25248
25249
25249
25249
25249
25249
25249
25250
25251
25252
25253
25253
25253
25254
25254
25255
25256
25257
25258
1252
CHECK
DATE
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR
NUMBER
001006
000413
000413
000146
001924
001924
OOO754
001056
001056
001056
000481
000178
000178
000178
000178
000178
001429
001429
001429
001429
001429
001429
VENDOR ITEM
NAME DESCRIPTION
BURTRONICS BUSINESS SYS MAINT AGREEMENT PRINTER
CALIFORNIA DEPT OF FISH PERMIT FOR TEST BORING
CALIFORNIA DEPT OF FISH PERMIT FOR WESTERN BYPASS
COUNTS UNLIMITED
TRAFFIC CENSUS -JULY SERVS
DAVID M. GRIFFITH & ASS REVIEW WATER & SEWER CONN FEES
DAVID N. GRIFFITH & ASS JULY SERVS-DEV IMPACT STUDY
ELLIOTT GROUP, THE
EXCEL LANDSCAPE
EXCEL LANDSCAPE
EXCEL LANDSCAPE
LANDSCAPE REVIEWS FOR JULY 95
LANDSCAPE REHABILXTATION AUG
IRRIGATION MODIFICATXONS AUG
LNDSCPE N/tiNT/ALL CITY SLOPES
GEOTECHNICAL & ENVIRONM JUL PMT-ENVIRONMENTAL ASSESSMN
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
INACOe4 INFORMATION SYST
INACON INFORMATION SYST
INACOM INFORNATION SYST
INACOM ]NFORNATION SYST
INACON iNFORMATiON SYST
INACOH INFORMATION SYST
002020 J G STOUSE CONSTRUCTORS
002046 MASTER K 9 INC
001384 MINUTEMAN PRESS
MONTEREY SYSTEMS, INC.
MONTEREY SYSTEMS, INC.
MONTEREY SYSTEMS, INC.
001654
001654
001654
002028 NELSON PAVING AND SEAL%
002028 NELSON PAVING AND SEAL%
001713 NORRIS-REPKE, INC.
001585 PAUL GARDNER CORPORATIO
000251 PLANNING CENTER, INC.,
3 PENTIUN COMPUTERS
FREIGHT
TAX
PENTIUM COMPUTER/TCSD
PENTIUM COMPUTER
000270 R J M DESIGN GROUP, INC
TOSHIBA PORTEGE COMPUTER
FREIGHT
TAX
NOTEBCX)K COMPUTER
FREIGHT
TAX
TCSD OFFICE RENOVATIONS
5 WEEK K-9 HANDLERS COURSE
RECREATE CITY SEAL ARTWORK
MIRCOFILM SUPPLIES & PROCESSNG
TAX
MICROFILM SUPPLIES/PROCESSING
REMOVE & REPLACE ASPHALT
REPLACE DRIVEWAY a FIRESTATION
FIRST STREET EXTENSION
RELEASE RETENTION-TRAF SIGNALS
CONCLUSION/GEM PLAN WORK PROGN
PARKVIEW FIRE STATION
ACCOUNT
NUMBER
330-1~-gg9-5217
210-165-612-5802
210-165-612-5802
100-164-602-5406
001-140-999-5248
001-140-999-5248
001-161-501-5250
193-180-g<~-5416
193-180-~9-5416
193-180-9gg-5415
210-199-650-5804
320-1970
320-1970
320-1970
320-1970
320-1970
320-1970
320-1970
320-1970
001-170-999-5604
001-170-~9-5604
001-170-999-5604
340-199-~9-5219
001-170-999-5294
001-100-999-5250
330-199-999-5220
330-199-999-5220
330-199-999-5220
100-164-601-5402
100-164-601-5402
280-199-807-5802
210-2035
001-161-502-5248
210-190-626-5802
ITEM
AMOUNT
Z,521.21
132.00
1,191.00
3,714.00
1,430.00
5,390.00
2,150.00
8,350.00
6,640.00
26,274.97
1,800.00
7,317.00
50.0O
567.07
2,656.58
2,653.16
4,239.00
3.97
328.53
1,275.00
3.52
98.82
2,500.00
1,800.00
1,616.25
1,278.70
89.51
1,237.95
1,069.00
1,075.00
9,143.50
2,873.20
1,730.10
11,016.15
PAGE 1
CHECK
Affi3UNT
2,521,21
1,323.00
3,714.00
6,820.00
2,150.00
41,264.97
1,800.00
13,2
:5,948.84
2,500.00
1,800.00
1,616.25
2,606.16
2,144.00
9,143.50
2,873.20
1,730.10
VOUC..._HRE2
r 95
VOUCHER/
CHECK
NUMBER
25258
25258
25259
25259
25260
25261
25262
25263
25263
25263
25263
2526/+
2526/,
2526~
2526~
- %
12:52
CHECK
DATE
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
09/12/95
VENDOR
NUMBER
000270
000270
001955
001955
000262
000267
001675
000420
000420
000420
000420
000420
001890
VENDOR
NAME
R J M DESIGN GROUP, INC
R J M DESIGN GROUP, INC
R W R PASCOE ENGINEERIN
R W R PASCOE ENGINEERIN
RANCHO CALIFORNIA WATER
RIVERSIDE CO. FIRE DEPT
RIVERSIDE CO./GSA BUILD
SVENNGINSEN JOHN
SVENNGINSEN JOHN
SVENNGINSEN JOHN
SVENNGINSEN JOHN
TRAMS-PACIFIC CONSULTAN
TRANS*PACIFIC CONSULTAN
TRAMS-PACIFIC CONSULTAN
TRAMS-PACIFIC CONSULTAN
TRANS"PACIFIC CONSULTAN
VORTEX DOORS
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
PARI(VIEW/PAUBA RD IMPROVEMENTS
PARKVIEW CREEK RESTORATION
EMERGENCY GENERATOR DESIGN
JOB NOT FINISHED
SPORTS PRK WATER METER INSTALL
FIRE PROTECTION SERVS/QUARTR 4
REAL PROPERTY-APPRAISAL FEE
REFUND-PERMIT/DOWN SIZE BLDG
REFUND-PERMIT/DOWN SIZE BLDG
REFUND-PERMIT/DOWN SIZE BLDG
REFUND-PERMIT/DOMN SIZE BLDG
JUNE PRGS PMT-WESTERN BYPASS
REIMBURSABLES
JULY PRGS PMT-PAVENENT MGI4NT
JULY PRGS PNT-RE[MB PAVEMENT
JULY PRGS PMT-WESTERN BYPASS
INSTALL ROLL DOOR ~ SPORTS PRK
ACCOUNT
NUMBER
210-190-626-5802
210-190-138-5802
210-190-139-580~
210-190-139-5804
210-190-137-5802
001-171-999-5251
280-199~602-5700
001-162-4285
120-199-42~0
001-2280
001-162-4203
210-165-612-5802
210-165-612-580Z
210-165-655-5802
210-165-655-5802
210-165-612-5802
190-180-999-5212
ITEM
AMOUNT
3,018.75
1,575.00
3,916.00
916.00-.
10,629.00
277,584.32
3,500.00
434.00
1.410.00
45.53
824.50-
7,091.25
180.00
23,953.75
8.60
2,026.25
1,100.00
PAGE 2
CHECK
AMOUNT
15,609.90
3,000.00
10,629.00
277,584.32
3,500.00
1,065.03
33,259.85
1,100.00
TOTAL CHECKS
448,947.14
ITEM 4
APPROVAL
CITY ATTORNEY
FINANCE OFFIC
CITY MANAGE
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council
City Manager, Ron Bradley
September 12, 1995
Americans With Disabilities Act Transition Plan
PREPARED BY:
Grant M. Yates, Human Resources Administrator
RECOMMENDATION:
That the City Council adopt the Americans With Disabilities Act Transition Plan as set forth
in attachment A.
BACKGROUND:
Under Title II of the Americans With Disabilities Act (ADA) of 1990, state and local
governments must identify and correct any programs, services, activities, and employment
practices that are inconsistent with the ADA's non-discrimination requirements. In
response to this new regulation, the City of Temecula developed a SELF-EVALUATION
PLAN which is an overall summary of the City's practices, procedures and activities as
they relate to the ADA's non-discrimination requirements.
City Facilities were also inspected for compliance and deficiencies in order to maintain and
meet the requirements of the Americans With Disabilities Act (ADA).
The (ADA) prohibits discrimination against qualified people with disabilities in employment,
public services and transportation, public accommodations and services operated by
private entities and telecommunications services. This document serves to meet the
requirements of the ADA.
FISCAL IMPACT:
Total cost for all improvements is approximately $211,520.O0with the largest
expenditure(s) being for the facility upgrades to various City parks. These improvements
have been included in the current CIP budget, therefore, there is no direct fiscal impact
related to the adoption of this plan.
Attachment A: Transition Plan
CITY OF TEMR
AMm~CANS WITH DISABrLITIES ACT
TRANSITION PLAN
TABLt~- OF CONTENTS
Purpose and Background of ADA ...................................
Exhibit A: General Overview
Exhibit B: The ADA, Information
for Managers, Supervim and
Department Directors ..........................................
Exhibit C: Serf-Evaluation .......................................
3
8
Exhibit E: ADA Grievance
Procedure ................................................ 27
Exhibit D: Transition Plan
Executive Summary .......................................... 22
CITY OF TEMECULA
Date: June 12, 1995
Dept.: Human Resources
Policies and Procedures
Americaus With Disabilities Act
PURPOSE: The (ADA) prohibits discrimination against qualified people with disabilities in
employment, public services and trart~portation, public accommodations and services
operated by private entities and telecommunications services. This document serves to meet
the requirements of the ADA.
BACKGROUND: City Facilities were inspected for compliance and deficiencies in order to
mnintnin and meet the requirements of the Americans With Disabilities Act (ADA).
Under Ti~e H of the American.~ With Disabilities Act (ADA) of 1990, state and local
governments must identify and correct any programs, services, activities, and employment -"
practices that are inconsistent with the ADA's non-discrimination requirements. In response
to this new regulation, the City of Temecula developed the attached S!=J J~-EVALUATION
PLAN which is an overall summary of the City's practices, procedures and activities as they
relate to the ADA's non-discrimination requirements.
This Self-Evaluation was prepared according W guidelines of the Americans With Disabilities
Act and will be m~inrnined on file in the Human Resources Department for public inspection
for three (3) years. All original surveys and evaluations used for thi.~ project will also be
kept on file.
All evaluations were performed in good faith and reflect the judgements of each individual
'department. The City of Temecula intends to continue its.efforts to provide and mnlnrnln
equally accessible and non-discriminatory services to its employees and the public,
After much research and in-depth exploration of public facilities, the City of Temecula has
completed its Transitional Plan. Grant Yates, Human Resources Admini~waWr, has been
designated as the ADA coordinator. This evaluation has covered three components. These
three components include city hall facilities, public parks and recreational facilities, and
streets and roads. Included in thi.~ evaluation are reports of all public parks in Temecula,
and their level of compliance with the ADA. Also included is an analysis of city hall that
rates its level of compliance with the Americans with Disabilities Act. Finally, a survey of
City streets and wads has been compared with ADA qualifications. The City's grievance
policies and procedures have also been established in compliance with the requirements of
the Americans With Disabilities Act of 1990. The structural changes identified in the
transitional plan are well on their way to being implemented, and the corrections will in most
cases have been completed by the ]anuary 26, 199S deadline.
Exhibit A:
GENERAL OVERVIEW
The purpose of the ADA is to mainstream the disabled. The Americans With Disabilities
Act allows disabled persons to file discrimination complaints. The ADA also protects
disabled persons by prohibiting retaliation. Discrimination in all benefits, services and
programs provided by a public entity are prohibited.
"Disability" can be deftned as a physical or mental impairment that:' substantially limits one or
more of the major life activities. A Public F. ntity may not give qualified individuals with
disabilities unequal opportunities to participate in program.~, A public entity may also not
require disabled people to use different programs. The City of Temecula may not use any
methods of admini.~a~on which have the effect of discriminating. This includes use of
contractors and other community organizations. Public agencies may not make use of any
racially neutral standards that screen out disabled people unless the standards can be shown ;,
to be necessary for the provision of the service, or the safe operation of the program. Safety
requirements must be based on actual risk, and\ or direct threat. The Public entity must
keep its accommodations in good working order and programs must be readily accessible w
people with disabilities. Problem areas must be deftned in accommodations. Possible
examples of needed modifications may include: redesign of equipment, reassignment of
services to accessible areas, assignment of aids, home visits, alteration of existing facilities,
and construction of new facilities.
The City is not required to provide personal devices to individuals with disabilities. These
devices may include wheelchairs, prescription eyeglasses, hearing aids, etc.. ADA has no
effect on any existing restrictions concerning smoking or testing for illegal drug usage. The
City of Temecula is not required to take any action which would result in a "fundamental
alteration" in the nature of a service, program, or activity, or cause an "undue" financial and
administrative burden. The City of Temecula will have the burden of proving this claim.
The final decision must be made in writing by the City Manager. Any person who believes
he\she has been subjected to discrimination on the basis of a disability may ~e according to
a compliance procedure. This must be fried no hter than 180 days from the date of the
alleged discrimination. The comphint must be filed with the appropriate government
agency, the Department of lustice.
All existing facilities must be made readily accessible. New construction must be designed
in such a manner so that it is rudily accessible to and useable by individuals with disabilities
if the construction was commenced after January 26, 1992. Alterations begun after January
2
26, 1992 must make the altered portion of the facility readily accessible to and useful by
individuals with disabilities.
Employees of the City of Temecula play a pan in the ADA transitional plan. An employee
has the opportunity to participate in the serf evaluation process. Job duties and descriptions
have also been modified for employees based upon need. Finally, access options may be
changed for the general public as well.
Exhibit B
THE ADA: INFORMATION FOR MANAGERS,
SUPERVISORS AND DEPARTMENT HEADS
BACKGROUND
A. Purpose of the AD A.
1. To mainstream disabled.
2. Allows ~ing of discrimination complaints.
3. Retaliation prohibited
B. Protection Prior to the ADA.
WHAT IS PROHIBITED: DISCRIMINATION IN A~-~-BENEFITS, SERVICES
AND PROGRAMS PROVIDED BY A PUBLIC ENTITY
A. DEFINITIONS :
1. Definition of "Public Entity."
2. Definition of "Disability."
(a) Physical or mental impairment that substantially limits one
or more of the major life activities; or
(b) A record of having such an impairment; or
(c) Being regarded as having such an impairment.
3. Distinguish from conditions which are not Disabilities (Examples).
4. Definition of "Qualifmd Individual with a Disability."
A Public Entity may not give qualified individuals with disabilities unequal
opportunities to participate in progrnm-~.
1. What progrnms and benefits are covered? (Examples)
Entity my not require disabled people to use different services.
F~ntity may not use any methods of admini.~tration which have the effect
of discrimirm~ng (illeludes use of contractors and other community
organizations).
Case study examples.
Public Entity may not make use of any facially neutral standards that
screen out disabled people unless the standards can be shown to bc
Necessary for:
1. The provision of the service, or
2. The safe operation of the program.
(a) Safety requirements must be based on actual risk.
(b) Direct threat.
(c) Case-by-case analysis.
3. Case study examples.
Public Entity Must Keep its Accommodations in Good Working Order and
Programs Must be Readily Accessible to People with Disabilities.
1. Def'me problem areas in accommodations.
2. Possible examples of modification include:
(a) Redesign of equipment ':
(b) Reassignment of services to accessible areas
(c) Assignment of aids
(d) Home visits
(e) Alteration of existing facilities
(f) Construction of new facilities
What is Not Required of the Public Entity?
1. A public entity is not required to provide personai devices to
individuals with disabilities (wheelchairs, prescription eyeglasses,
hearing aids, etc.).
2. ADA has no effect on any existing restrictions concerning smoking.
3. ADA has no effect on testing for illegal drug usage.
4. The City is not required to take any action which would result in a
"fundamental alteration" in the nature of a service, program, or
activity, or cause an "undue" f'mancial and administrative burden.
(a) The City will have the burden of proving.
(b) Final Decision must be made by the City Manager, in
writing. - "
Compliance Procedures.
1. Who may ~e: any person who believes be/she has been subjected to
discrimination on the basis of a disability.
2. Must be ~ed no later than 180 days from the date of the alleged
discrimination.
3. May be filed with the appropriate federal agency (Department of
Justice).
4. Attorney' s fees
5. Penalties.
4
CONSTRUCTION AND ALTERATIONS
A. Existing facilities must be made readily accessible.
Ce
New construction must be designed in such a manner so that it is readily
accessible to and useable by individuals with disabilities if the construction
was commenced after January 26, 1992.'
Alterations begun after January 26, 1992 must make the altered portion of
the facility readily accessible to and useful by individuals with disabilities.
SPECIAL OBLIGATIONS OF A PUBLIC ENTITY, SUCH AS THE CITY OF
TEMECULA
A. The Self-Evaluation Process.
1. Must take place within one year of January 26, 1992.
2. The City must evaluate all services, policies and practices to see if
they conform with the ADA. .:
3.Those that do not conform must be modified.
4. Members of the public must be afforded an opportunity to participate in
the evaluation process.
C,
Notifying the General Public Concerning Their Rights Under the ADA.
1. All applicants, participants, beneficiaries and other interested persons
must be given information regarding the ADA and the City's
compliance efforts.
2. Methods of notice.
Signage (access to facilities).
Designate a Specific Person.
1. One employee will be assigned to coordinate efforts to comply with the
ADA.
2. This person will also be in charge of investigation of complaints.
A Complaint procedure (grievance procedure) Must be Established.
WHAT IS PROHIBITED: DISCRIMINATION IN EMPLOYMENT BY A PUBLIC
ENTITY
A. ADA Requires Private Employers to Prohibit Discrimination in Employment
by July of 1992.
ADA Requires Public Entity Employers to comply by January 26, 1992.
1. No discrimination against qualified individuals with handicaps.
2. Includes:
(a) Job Applications
(b) Hiring
(c) Advancement
(d) Discharge
(e) Compensation
5
(0 Training
(g) Other terms and conditions of employment
(h) Special Activities
Pre-employment physicals.
Drag testing (compare with rehab drug use as disability).
Defining "Reasonable Accommodation" for Employees or Applicants.
1. Accommodation required unless it would require an undue hardship.
2. "Undue hardship" means an action requiring significant difficulty or
expense when considered in light of
(a) Nature and cost of the accommodation,
Co)Number of persons employed at the facility
(c)Financial Resources of the facility, and
(d)Overall financial resources of the entity owning the facility.
3. Obligation to provide reasonable accommodation triggered when the
accommodation is requested.
4. Employer has the ultimate discretion to choose between effective
accommodations.
5. Case studies.
HOW THE ADA WII J. EFFECT YOU AS AN EMPLOYEE OF THE CITY OF
TEMECULA
A. In the Provision of Services, Benefits, Programs, Transportation, Etc.
B. As a Worker:
(a) Participation in self-evaluation process,
Co) Re-evaluating job duties and descriptions for employees,
(c) Re-evaluating access options for general public.
C. If You Become Disabled.
D. Working with Non-City Organizations/Groups
TIMELINE FOR ADA COMPLIANCE
A. January 26, 1992:
The Americans with Disabilities Act becomes effective for public agencies.
Complaints of non-compliance can be fried beginning this date. From this date
forward, the public entity must:
1. Begin the self-evaluation process;
2. Provide notice to the general public concerning the ADA and the
City's compliance;
3. Adopt a grievance procedure;
4. Prohibit discrimination in all benefits, services, programs, activities for
6
employment of the public entity; and -
5. Provide that new construction and alteration complies with the ADA.
July 26, 1992, Trnn-~itional Plan Target Completion Date:
Transition plan for structural changes to existing facilities must be completed
by thi~ date.
January 26, 1993, Self-Evaluation Target Completion Date:
The self-evaluation must be completed by thi~ date, and must be maintained on
file for three years.
January 26, 1995, Structural Changes Target Completion Date:
Structural changes to existing facilities must be completed by this date.
7
EXHIBIT C
CITY OF TEMECULA
AMERICANS WITH DISABILITIES ACT OF 1990
SELF EVALUATION
ADA REQUIREMENTS
Ensure that each service,
program or activity conducted
by the City, when viewed in its
entirety, be readily accessible to
and usable by individuals with
disabilities.
Responsibility: Human
Resources
Designate an employee to
coordinale ADA compliance
efforts.
Responsibility: City Manager
COMMENTS ON CITY
COMPLIANCE
Services, programs and
activities of the city have
been reviewed, and will
be reviewed on an
ongoing basis to ensure
accessibility.
The Human Resources
Administrator has been
assigned to coordinate
City-wide compliance
efforts. In addition, the
Building Official,
Director of Public Works
and Community Services
Director have been
assigned to serve on an
ADA core cornmince to
ensure compliance.
COMPLETION DATES
Self-Evaluation completed.
Compliance Ongoing.
Completed .:
,
ADA REQUIREMENTS
Establish formal grievance
procedures that inco~n~ due
process standards and that
provide for the prompt and
equitable solution of complaints
of discrimination ag~in~ ~n
individual with a disability
including job applicants,
employees, citizens and other
visitors.
Responsibility: Human
Resources
Determine a process the City
shall use to decide at which
point "reasonable
accommodation" causes an
"undue hardship".
Responsibility: Human
Resources
Published City Written Material
shall include a notice of non-
discrimination.
Responsibility: Human
Resources and All Depaxmaents
Notify employee unions and
. professional organizations of the
city's non-discrimination policy.
Responsibility: Human
Resources
COMMENTS ON CITY
COMPLIANCE
A grievance policy was
developed and distributed
to Managers. The
Human Resources
Administrator was
assigned as the Grievance
Officer. The Assistant
City Manager will serve
when necessary.
The City's grievance
policy provides
reasonable
accommodation criteria.
All employment
announcemems include
statements of non-
discrimination. All
departments have been
notified of wording to
include on all
announcements, and all
materials published by
the City shall be
reviewed on an ongoing
basis to ensure a notice
of non-disc'nminaflon is
included.
~mployee organizations
will be notified and
appropriate compliance
languaSe will be added w
the Memorandums of
UnderstandinS.
COMPLETION DATES
Completed
Completed
Completed :
Completed
5
10.
ADA REQLKREMENTS
Provide information to
individuals with disabilities
concerning accessible services,
activities, and facilities.
Responsibility: Human
Resources
Utilize all types of media and
displays, etc. g. print media,
radio/television and other
alternatives, such as taped job
announcements available over
the phone when providing
public notices, including
employment notices.
Responsibility: Human
Resources
Notify current employees the
City will make reasonable
accommodations of an
employee's disabilities and
invite them to identify
themselves as having disabilities
so accommodations can be
made.
Responsibility: Human
Resources
Ensure equal employment
opportunity notices are posted
in an accessible format.
Responsibility: Human
Resources
COMMENTS ON CITY
COMPLIANCE
The city will provide
information to individuals
with disabilities about
accessible City services,
activities, and facilities.
The City presently
provides a telephone job
line. The city is in the
process of providing a
TDD phone line for
hearing impaired for job
announcements and
general City use.
All employees have been
informed of the ADA and
the City's commitment to
compliance.
New notices have been
posted and additional
accessible format notices
have been ordered.
COMPLETION DATE~
Completed
Completed
Completed
Completed
11.
12.
13.
14.
ADA REQUIR~WI~NTS
Assess City social and
recreational activities to ensure
that they are accessible to all
employees, their relatives, and
associates.
Responsibility: Community
Services
Review criteria used in the
selection or procurement of
contractors to ensure that the
criteria does not subjea
qualified individuals with
disabilities to dise'nmination on
the basis of disability.
Responsibility: Finance
Ensure that qualified individuals
with disabilities are not limited
from enjoyment of any right,
privilege, advantage, or
oppommity enjoyed by others
receiving any aid, benefit, or
service from the City.
Responsibility: All
Depaxhaents
Reasonable modifications in
policies, practices, or
procedures must be made when
necessary to avoid
discrinfmation on the basis of
disability.
Responsibility: All
Departments
COMMENTS ON CITY
COMIClANCE
Each facility or event has
been evaluated W ensure
accessibility.
Modifications will be
made according to the
Transitional Plan.
Events will be held in
accessible lc~ations.
The purchasing division
has reviewed the process
for sele~ing procuremerit
contractors. Contractors
will include a statemere
which requires the
contractor to meet all
ADA requirements.
All aids, benefits, and
services of the city are
being reviewed on an
ongoing basis to ensure
individuals with
disabilities will not be
limited for City services.
Reasonable modifications
to policies, practices, and
procedures will be made
by the City to avoid
discrimination on the
basis of disability.
COMPLETION DATES
Completed
ongoing
Oilgoing
Ongoi!lg
15.
16.
17.
18.
ADA REQUIREMENTS
No surcharge shall be placed on
a particular in~vidual with a
disability, or any groups of
individuals with disabilities, to
cover any costs of measure
required to provide that
individual or group with
nondiscriminatory treatment.
Responsibility: All
Departments
Discrimination on the basis of
an individual's or City's known
relationship or association with
an individual with a disability is
prohibited.
Responsibility: All
Departments
Ensure that the appropriate
auxiliary aids and services are
furnished when necessary to
provide an individual with a
disability an equal opportunity
to participate in and enjoy the
benefits of the City's services,
programs, and activities.
Responsibility:
Ensure medical
separately from
All
Deparunents
records are filed
personnel files.
Responsibility: Human
Resources
COMMENTS ON CITY
COMPLIANCE
All depamuents have
been notified, and the
city will comply with this
requirement.
The City will comply
with this requirement.
As requested by
individuals with
disabilities, the City will
provide appropriate
auxiliary aids and
services. The Human
Resources Department is
preparing a resource list
for city wide use.
All medical records are
fried separately.
Employee personnel files
do not contain medical
information.
COMPLETION DATEb
ongomg
ongoing
ongoing
Completed
19.
20.
ADA REQUIREMENTS
21.
Review employment practices
and policies to ensure that all
decisions regarding employment
are based on an individual's
skills and qualifications, and not
disability conditions.
Responsibility: Human
Resources
Review employment practices to
ensure that the City is not
participating in a contractual, or
other arrangement or
relationship, that subjects a
qualified applicant or employee
with a disability to
discrimination.
Responsibility: Human
Resources
Hiring Procedures (applying,
testing and interviewing for a
job) are to be carried out in
wheelchair accessible locations
using accessible formats.
Responsibility: Human
Resources
COMMENTS ON CITY
COMPLIANCE
F_Eploymem practices
and policies have been
revised for consistency
with policies of non-
discrimination. Disability
is included in our
discrimination policy.
All corn relating !to
employmere practices
have been reviewed and
do not contain practices
that subject qualified
applicants or employees
w discrimination.
All facilities utilized for
testing and interviewing
are accessible. All
applicants are informed
that assistance or
accommodations will be
made available upon
request. Human
Resources. will provide
resources for
ar, commodations.
COMPLETION DATES
Completed
Completed
Completed
ADA REQUIREMENTS
22. Review employment application
to ensure that the forms do not contain
questions as to whether an applicant is
an individual with a disability.
Responsibility: Human Resources
23. Review job requirements (job
descriptions, employment tests, or
other selection criteria) m ensure that
no criteria are included that would
discriminate against an individual with
a disability, unless such criteria are
job related and consistent with job
necessity.
Responsibility: Human Resources
COMMENTS ON CITY
COMPLIANCE
City application forms are void of
any questions as to whether the
applicant has a disability. :
Job descriptions and other selection
devises are in the process of being
reviewed to ensure compliance with
nondiscrimination policies. Tests
are selected on the basis of job ..
relatedness.
COMPLETION
DATES
Comp~ted
Completed
24. Review the selection and
administration of employment tests to
ensure that test remits accurately
reflect the skills or aptitude necessary
to perform the job, rather than reflect
the impaired sensory, manual, or
speaking skills of the applicant or
employee, unless the sensory,
speaking, or manual ability is
necessary to perform critical elements
of the job.
Responsibility: Human Resources
25. Review interview questiota and
techniques to determine whether they
are nondiscriminatory.
Responsibility: Human Resources
All selection devices will be
reviewed for compliance prior to
each recruitment.
Each employment test (including
interview questions) is reviewed for
compliance.
ongoing
ongoing
ADA REQUIRE1VIENTS
26. Review medical, hospital,
accident, life insurance and retiremere
fringe benefits to ensure that the
benefits give nondiscriminatory
treatment to people with disabilities.
Responsibility: Human Resources
27. Review processes for granting
licenses or certification to ensure that
qualified individuals with disabilities
are not discriminated against by the
City.
Responsibility: Finance
28. To address structural modification
to City facilities, a Transition Plan
shah be developed.
Responsibility: Human Resources
All Departments
29. Any necessary structural changes
in policies shall be made as soon as
practicable, but no later than three
years after the effective date of ADA.
Responsibility: All Departments
30. Ensure that design, construction,
or alteration of facilities are in
confonnance with the uniform Federal
Accessibility Standards or with the
Americans With Disabilities Act
Accessibilities Guidelines for
Buildings and Facilities.
Responsibility: Building and Safety
COMMENTS ON CITY
COMPLIANCE
Policies are being revised to ensure
compliance.
The process for granting business
licenses has been reviewed to ensure
that qualified individuals with
disabilities are not discriminated
against by the City.
The City has evaluated each City
facility and has developed a
Transitional Plan that identifies the
architectural barriers that need to be
removed and the time frame for
removal. :
A Transitional Plan has been
developed and is scheduled to be
completed by January 26, 1995.
The City is prepared to comply with
this requiremere. The Building
Official prepared the Transition Plan
and will ensure compliance with
proper standards and guidelines.
COMPLETION
DATES
ongoin
Completed
Completed,TM
ongoing
Ongoing
ADA REQUmEMENTS
COMMENTS ON crrY
COMPLIANCE
COMPLETION
DATES
31. Signage is required at all
inaccessible entrances to each City
Facility to direct users to an accessible
entrance, or to a location with
information about accessible facilities.
Responsibility: Building and Safety
Community Services
32. Ensure that the public has the
opporUmity to provide input.
Responsibility:
Human Resources
Community
Development
33. Any jurisdiction that conducted a
self-evaluation may limit the new self-
evaluation to programs not addressed
in the original review.
All City facilities have been assessed
to determine the necessary signage
needed for each facility. The
findings of the assessment are'
included in the City's Transitional
Plano
Public Comment was offered when
this Plan was presented to the City
Council for adoption.
The City conducted a serf-
evaluation.
Completed
Completed
Completed -,
Responsibility: All DoparUnents
34. Conduct a self-evaluation,
identifying any policies, practices or
services that are inconsistent with the
ADA's non-discrimination
requirements.
35. En-~hring that sU'eets, pubflic right
away,. access and signage is an
ongoing reevaluation process.
All departments completed a serf-
evaluation survey of all services and
programs, which will he kept in
Human Resources.
All new developments submitted and
required to adhere to ADA
requirements.
Completed
Ongoing
Responsibility: Public Works
Exhibit D:
The Americans With Disabilities Act
Transition Plan
Executive Summary
In order to comply with the requirements of the Americ~ With Disabilities Act (ADA), the
City of Temecula, Parks, Building/Safety, Recreation and Community Services District
(TCSD) have identified the following items that need to be r~placed or correctS. These
items were identified by the use of the Self-Evaluation survey forms completed for each park
area.
Total cost for all improvements is appwximately $211,520.00 with the largest expenditure(s)
being for the facility upgrades to various parks Citywide. Allached is a listing of what
improvements need to be made in order to meet ADA ~nts. Accompanying each
item is a projected cost and completion date of the proposed improvement.
22
City of Temecula
ADA Tran,~ition Plan
Facility Upgrades to
Rancho California Sports Park
Recommended Improvements:
Star Projected
Date Completion Date Cost'
-Design and construction of
sidewalks and landscape areas
between fields #1 and #2.
1995 1996: $95,000.00
Responsible Depaxtmcnt: Community Services
**Benefit: Project will provide handicapped access to Rancho California Sports Park.
II. Facility Upgrades to Various Parks
Recommended Improvements:
-Design and construction of
sidewalk access and playground
surface improvements to
Veterans Park, John Magee Park
and Calle Atagon Park.
Start Projected
Date Completion Date Cost
1995 1996 $66,500.00
Responsible Department: Community Services
**Benefit: Project will provide handicapped access to Veterans, John Magce, and Callc
Aragon Parks.
23
City of Temecula
ADA Transition Plan
IH. Handicap Access Ramps
Citywide
Recommended Improvements:
Staff
Date
Completion Date
Projeaed
Cost
-Installation of pe~lestrian
handicap ramps. Twenty-five
(25) handicap ramps at
seventeen (17) locations.
1995 1996
$42,500.00
Responsible Department: Public Works
**Benefit: Project will provide wheelchair access throughout the City.
IV. City I4an
Re, commended, Improvements:
Start
Date
Projected
Completion Date Cost
-Provide detectable warning for
walking surfaces that cross
vehicular way, i.e., cross walk
from parking space to main
entrance.
-Provide proper curb cut at
main entrance to building.
1995
1995
1995 $350.00
1995 $2,000.00
24
IV. City Hall (cont.)
Recommended Improvements:
-Provide proper signage and
location of all permanently
signed :rooms and spaces.
*Provide "Van Accessible"
sign for van spaces.
*Provide international symbol
of accessibility at entrance
of building.
*Provide proper signage on all
toilet room doors with raised
letters and braille. Proper
location required to be on door
and on latch side of door.
*Provide proper directional
and informational sign-size
minimum 3" high with proper
contrasting colors, light on
dark or dark on light.
-Provide proper lever hardware
on all door closers as required.
-Provide proper closing speed
on all door closers as required.
-Provide proper clear floor space
in from of all storage areas as
required.
*Provide proper level
maneuvering clearance at
doors as required.
*Provide proper strike side
clearance at all doors as
required.
Start
Date
1995
1995
1995
1995
1995
1995
1995
1995
1995
1995
25
Completion Date
1995
1995
1995
1995
1995
1995
1995
1995
1995
1995
Projected
Cost
$555.00 (for
all signs/install.)
$2,000.00
$90.00
only)
$675.00
Oabor only for all
clearance)
-Provide proper height of all toilet
room accessories as required.
-Provide proper mounting height
of telephone as required.
-Provide proper telephones with
volume .controls and test as
required.
Responsible Depamnent:
1995 1995 $250.00
(labor only)
1995 1995 $100.00
(labor only)
1995 1995 $1500.00:
Building and Safety
**Note: huse the City has purchased a new City llall, the above tenant improvements
wffi not be completed in leased facih'ty. The new City llall and the accomt~ying tenant
impwvements wffi be brought inW ADA compliance.
26
Exhibit E: AMERICANS WITH DISABILITIES ACT GIIIF, VANCE PROCEDURE
BACKGROUND
The United States Congress enacted the Americans With Disabilities Act (ADA) of 1990 to
provide a National mandate for the elimination of discrimination against individuals with
disabilities. The City of Temecula has embarked upon a multi-year progrnm to comply with
the ADA. The followinE procedure implements a formal process to assist individuals in
resolving complaints based on disability discrimination involving employment with the City,
or access to City facilities and services.
H. POLICY
It is the policy of the City of Temecula to comply with the ADA. Differences of opinions or
unforeseen problems may arise, however, in spite of the best efforts to eliminate disability
discrimination or barriers to access. Therefore, it is the policy of the City of Temecula to
implement the ADA Grievance Procedure in an effort to resolve any allegations of non-
compliance with the ADA.
This process is available to all members of the public at large, as well as all employees of
the City. All city employees responding to complaints of disability discrimination shall seek
informal mutually agreeable resolution to any comphints. If this fails, implementation of the
formal ADA Grievance Procedure is recommended. The f~ing of a formal grievance does
not preclude informal resolution.
PROCEDURES
DEFINITIONS
1. ADA Compliance Officer:
The Human Resources Administrator is
designated as the ADA Compliance Officer (ADACO). He/she will
investigate all complaints alleging non-compliance with any provisions of the
ADA and assure proper documentation of ADA grievances. The ADACO will
facilitate resolution of grievances at the earliest stage possible.
ADA Grievance Form: The form on which the ADA grievance process is
recorded. It is an optional form for f~ing the grievance, but will be used to
record subsequent actions and responses. A blank form follows this
procedure. Copies may be made and used as needed.
City Manager's Final Determination: The written response from the City
Manager after receiving an appeal of the ADA Complinnee Officers Initial
Finding.
Discrimination on the basis of disability.: Actions or conditions which
adversely affect opportunities or status because of a person's disability. This
includes failure to make reasonable accommodations to known physical or
mental limitations of an otherwise qualified individual, unless it can be shown
that the accommodation would impose an undue hardship.
Grievance: An allegation of non-compliance with the provisions of the:
American.~ With Disabilities Act (ADA) which has not been resolved
informally by the parties directly involved.
Initial Finding: The written finding from the ADA Compliance Officer to
the grievant, Department Director and employees involved.
Grievance Procedure
Nothing in this procedure shall be interpreted to discourage direct dialogue and
informal dispute resolution by those individuals and/or departments closest to
ADA issues. City employees receiving complaints or concerns are encouraged
to assist in identifying options and implementing solutions within their scope :of
duties, without use of this procedure. However, the ADA Compliance Officer
will be notified of the issue(s) and resolutions reached by the city department
involved through informal problem-solving.
Any grievance which has not been informally resolved may be fried orally, by
letter or on a form provided by the City. This will be considered the start of
the formal ADA grievance process. Formal grievances will be routed to the
designated ADA Compliance Officer.
The grievance must identify the following information:
(a) Name and how to contact the grievant.
Requiremere(s) of the ADA with which the City is believed to
be noncompliant.
(c)
A description of the offending behavior(s), violation(s), and/or
barriers to access or services.
(d) Location(s) (ff applicable).
(e)
Names of others with information regarding the issue, such as
witnesses, City staff involved and/or alleged offender(s).
28
10.
The remedy desired.
The ADA Compliance Officer will investigate the grievance, contact the
grievant and meet if requested, discuss options with the DeparUnent Director
and City staff from the department(s) involved and review all available
information and options. If the issue being grieved is also the subject of
pending litigation, therefore, this procedure will be augmented by direction
from the City Attorney.
Upon completion of the investigation, the compliance officer will review
factual information gathered through the investigation to determine whether the
alleged conduct or conditions constitutes discrimination. Consideration will be
given to all factual information, the totality of the circumstances, including the
nature of the alleged discriminatory conduct and/or conditions, the context in
which the alleged incident(s) occurred and any f'maneial or operational aspects
of the issue.
The ADA Compliance Officer will then prepare and issue the written Initial
Finding setting forth the resttits of the investigation, a determination as to
whether discrimination occurred and recommend corrective measures as
appropriate. This should be completed within fifteen (15) days after receipt of
the grievance, unless pertinent persons are not available.
A copy of the initial finding will be sent to the grievant for review, written
comments and signature. If the gfievant is satisfied and the issue is resolved,
the ADA Compliance Officer will seek to obtain written verification from the
gfievant.
If the gfievant is not satisfied, a request for appeal to the City Manager must
be submitted to the ADA Compliance Officer within ten (10) working days
after the grievant receives the Initial Finding.
Upon receipt of the request for appeal, the City Manager will arrange a
meeting with the grievant and/or the grievant's representative, ff any. The
City Manager will review the grievance, alternative solutions, financial
consequences, and other relevant issues. He/she will issue the City Manager's
Final Determination within fifteen (15) days, unless pertinent persons involved
in the issue or incident are not available.
A copy of the City Manager's Final Determination will be sent to the grievant
for review, written comments, and signature. ff the grievant is satisfied and
the issue is resolved, the ADA Compliance Officer will seek to obtain written
verification from the grievant.
29
City of Temecula
AMERICANS WITH DISABILITY ACT (ADA) GRIEVANCE FORM
PURPOSE:
CONTACT:
SECTION I.
This form provides a written record of formal actions taken in an effort to resolve an allegation of
non-compliance with the Americam With Disability Act (ADA). The filing of a writtcn grievance
does not preclude informal resolution.
The Hullsall R~sourc~ AdminimratOr iS desigllated as the ,iDA Co!llpliallce Officer. He/she will
serve as the single contact for ADA issues and facilitaec grievance resolution at the earliest stage.
File this form with the ADA Compliance Officer.
GRIEVANCE INFORMATION
G~evant Name:
Phon~:
Address:
A,
WHAT SPECIFIC ADA REQUIREMENT(S) HAVE BEEN OR ARE BEING
VIOLATED?
Be
WHAT ACTIVITY, FACILITY, OR CITY SERVICE DO YOU BFJ,IF~VE TO BE
DISCRIMINATORY?
D.
E.
F.
G.
H.
ON WHAT DATE(S) DID THIS ACTION HAPPEN?
WHO ELSE HAS BEEN INVOLVED IN THIS ISSUE?
REMEDY YOU ARE REQUESTING:
ARE YOU BEING REPRESENTED BY ANOTHER PERSON? NO
WHO? PHONE:
GRIEVANT'S SIGNATURE: DATE:
GRIEVANT'S PRINTED NAME:
3O
ADA GRIEVANCE FORM CASE IDENTIFICATION:
SECTION II. INITIAL FINDING BY ADA COMPLIANCE OFFICER
(if initial finding is attached enti~e it as 'anachment A')
Signature: Date:
Printed Name: Title:
SECTION llI.
GRIEVANT'S RESPONSE TO INITIAL FINDING
GRIEVANT CHECKS ONE OF THE FOLLOWING:
I accept the resolution of this grievance as presented in the INITIAL FINDING.
I do not accept the resolution of this grievance as presented in the INI'I/AL FINDING.
I hereby request an appeal to the City Manager. '
Grievant Signature:
Date:
REQUEST OF APPEAL TO THE CITY' MANAGER hillST BE SLrB1VIITfId, D TO TI-[E
CITY 1VLa3qAGER NO LATER THAN TEN (10) DAYS AFTER YOU RECEIVE TIlE
INITIAL FINDING. YOU WU I, BE CONTACTED TO SET UP A HEARING.
SECTION IV. CITY MANAGER'S FINAL DETERMINATION
(IF CITY MANAGER'S FINDING AND DECISION is attached, entitle it as 'Attachment B*)
Signature: Date:
City Manager
ADA GRIEVANCE FORM CASE IDENTIFICATION:
SECTION V, GRIEVANT RESPONSE TO CITY MANAGER'S FINDING AND
DECISION
GRIEVANT CHECKS ONE OF THE FOLLOWING:
I accept the resolution of this grievance as presented in the CITY MANAGERS
FINDING AND DECISION.
I do not accept the resolution of this grievance as presented in the CITY
MANAGER'S FINDING AND DECISION.
Grievant Signature: Date:
SECTION VI, ADA COMPLIANCE OFFICER RECORD
A, DATE FORMAL GRIEVANCE RECEIVED: ..
B. DATE INVESTIGATION COMPLETED:
C, DATE INITIAL FINDING COMPI .I::-TED AND SENT TO PARTIES INVOLVED:
D. DATE GRIEVANT'S ACCEPTANCE OR APPEAL REQUEST RECEIVED:
E. DATE APPEAL REQUEST TO CITY MANAGER:
F. DATE OF CITY MANAGER'S APPEAL:
G. DATE C. M. 'S FINAL DETERMINATION RECEIVED:
12
H. DATE SENT TO GRIEVANT:
I. DATE GRIEVANT'S ACCEPTANCE RECEIVED:
J. DATE. ISSUE RESOLVED:
COMMENTS:
ITEM 5
APPROVAL
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
City Council/City Manager
/~Joseph Kicak, Director of Public Works/City Engineer
September 12, 1995
SUBJECT:
I-15/I-215 Joint (Temecula-Murrieta) Corridor Planning Study- Contract
Award to DKS and Associates, Inc.
RECOMMENDATION:
That the City Council award Professional Services Contract for I-15/I-215 Joint (Temeculao
Murrieta) Corridor Planning Study to DK:S and Associates, Inc.
BACKGROUND:
On May 11, 1995, the Joint (Temecula-Murrieta) Transportation Committee voted
unanimously to recommend the City Councils of the two cities enter into a contract with JHK
and Associates, with the amount not to exceed $74,991.00. Their recommendation was
based on the recommendation of the interview panel composed of the representatives of the
two cities, Caltrans and WRCOG.
On August 21, 1995 we were advised that the representative of JHK and Associates, Inc.
who made the presentation to the interview panel and was designated project manager
resigned from JHK and Associates, Inc. The panel's decision to award to JHK and Associates,
Inc. was based on the presentation by the project manager and familiarity of the panel
members with his capability and experience.
The second highest ranked consulting firm for the study was DKS and Associates, Inc. As
a result of the recent resignation, the staff of the City of Murrieta and Temecula agree that the
contract should be awarded to DI(S and Associates, Inc.
The City of Temecula is the lead agency in this project. The source of funding for the
proposed project is the Federal STP Planning funds of 88.53% ($66,390), with the balance
of 11.47% ($8,601) being shared equally by the two cities, or $4,301.00 by each City.
The purpose of the study is to determine the most efficient way of moving traffic along the
corridors of the two Interstate Routes and to establish a priority list of projects to accomplish
this goal. Investigation of sources and the availability of funding for these projects are
likewise within the scope of this study.
-1 - r:~agdrpt~95~0912\dke-corr.awd
An Agreement for the Federal funding of the study has been previously approved by the City
Council as well as Caltrans, and is on file with the City Clerk.
FISCAL IMPACT:
The City of Temecula's pro-rata share of the cost of this project, $4301.00 will be funded
with Development Impact Fees, as approved by Council in the Capital Improvement Program
Budget. The Federal portion of the cost, $66,390.00 is likewise included in the budget for
this project and will be received as reimbursement for the expenditures.
Attachments:
1. Exhibit A - Study Area Map
2. Exhibit B - Agreement for Professional Services
-2- r:%egdrpt%95%0912~lke-corr.ewd
AGl~~
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this day of , 19 ,
between the Cities of Murrieta and Temecula, municipal corporations, hereinafter referred to as
"Cities" and the following consultant: DKS Associates, A California Corporation
bereinafter referred to as DKS
The parties hereto mutually agree as follows:
SERVICES, Consultant ( DKS ) shall
perform the tasks set forth in Exhibit A attached hereto which describes 1-15/I-215 Corridor
Study. Consultant shall complete the tasks according to the schedule set forth in Exhibit A. DKS
will be responsible for the completion of Engineering Services as set forth in Exhibit A.
PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best of his
ability, experience and talent, perform all tasks described herein.
PAYMENT. The Cities agree to pay Consultant monthly at the hourly rate set forth in Exhibit "B"
attached hereto, based upon actual time spent on the above tasks. This amount will not exceed
SEVENTY TWO THOUSAND. NINE HUNDRED. TWENTY NINE ($72.929~ for
the total term of the Agreement unless additional payment is approved by the Cities.
Consultant will submit involves monthly for actual services performed. Invoices shall be submitted
on or about the first business day of each month, for services provided in the previous month.
Payment shall be made within thirty (30) days of receipt of each invoice. The invoices must be
in a format acceptable to Caltrans.
SUSPENSION. TERMINATION OR ABANDONMENT OF'AGREEMENT. The Cities may, .'
at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon
the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the
Consultant shall immediately cease all work under this Agreement, unless the notice provides
otherwise. Within thirty-five (35) days after receiving an invoice from the Consultant, the Cities
shall pay Consultant for work done through the date that work is to be ceased based upon the
hourly rate set forth in the Exbihit "B".
ff the Cities suspend, terminate or abandon a portion of this Agreement such suspension,
termination or abandonment shall not make void or invalidate the remainder of this Agreement.
BREACH OF CONTRACT. In the event that Consultant is in default for cause under the terms
of this Agreement, the Cities shall have no obligation or duty to continue compensating Consultant
for any work performed after the date of default. Default shall include not performing the tasks
described herein to the standard of care of the Industry. Failure by the Consultant to make
progress in the performance of work hereunder, if such failure arises out of causes beyond his '
control, and without fault or negligence of the Consultant, shall not be considered a default.
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,
,
10.
If the Cities determine that the Consultant defaults in the performance of any terms or conditions
of this Agreement, the Cities shall serve the Consultant with wrinen notice of the default. The
Consultant shall have ten (10) days after service upon it of said notice in which to cure the default
by rendering a satisfactory performance. In the event that the Consultant fails to cure its default
within such period of time, the Cities shall have the right, notwithstanding any other provision of
this Agreement, to terminate this Agreement without further notice and without prejudice to any
other remedy to which it may entitle at law, in equity or under this Agreement.
TERM. This Agreement shall commence on October 1. 1995 , and shall remain and
continue in effect until tasks described herein are completed, but in no event later than
April 1. 1996 .
OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of
termination, suspension or abandonment of this Agreement, all instruments of service, including
original documents, designs, drawings and notes prepared in the course of providing the services
to be performed pursuant to this Agreement shall become the sole property of the Cities and may
be used, reused or otherwise disposed of by the Cities without the:permission of the Consultant,
provided that the Consultant shall not be liable for such use, re-use or otherwise disposed by the
Cities.
INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the Cities
a wholly independent contractor. Neither the Cities nor any of their officers, employees or agents
shall have control over the conduct of the Consultant or any of the Consultant's officers, employees
or agents, except as herein set forth. The Consultant shall not at any time or in any manner
represent that it or any of its officers, employees or agents are in any manner officers, employees
or agents of the Cities.
No employee benefits shall be available to Consultant in connection with the performance of this
Agreement. Except as provided in the Agreement, Cities shall not pay salaries, wages, or other
compensation to Consultant for performing services hereunder for Cities. Cities shall not be liable
for compensation or indemnification to Consultant for injury or sickness arising out of performing
services hereunder.
LEGAL RESPONSIBILITIES. The Consultant shall keep informed of State and Federal laws and
regulations which in any manner affect those employed by it or in any way affect the performance
of its services pursuant to this Agreement. The Consultant shall at all times employ professional
care to observe and comply with all such laws and regulations. The Cities, and their officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply
with this section.
NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting
this Agreement, such notice shall be served by certified mail, postage prepaid, and return receipt
requested, addressed to the Directors of Public Works, of the Cities of Murrieta located at 26442
Beckman Court, Murrieta, California 92562 and Temecula located at 43174 Business Park Drive.
Temecula. CA 92590 and Douglas E. Smith at 2700 North Main Street. Suite 900. Santa Ana.
CA 92705 unless and until different addresses may be furnished in writing by either party to the
other. Notice shall be deemed to have been served seventy-two (72) hours after the same has been
deposited in the United States Postal Services. This shall be valid and sufficient service of notice
for all purpose.
2of6
11.
12.
ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any pan
thereof, nor any monies due hereunder, without the prior wrilxen consent of the Cities.
Upon termination of this Agreement, Consultant's sole compensation shall be for satisfactory
services rendered pursuant to the terms herein prior to termination.
LIABILITY INSURANCE. The Consultant shall maintain insurance acceptable to the Cities by
an admitted insured, in full force an effect throughout the term of this contract, against claims for
injuries to persons or damages to property which may arise from the performance of the work
hereunder by the Consultant, his agents, representatives, employees or subcontractors. Insurance
is to be placed with insurer with a Best's rating of no less that A:VII. The cost of such insurance
shall be included in the Consultant's bid. The Consultant shall provide the following scope and
limits of insurance:
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
Insurance Services Office form Number GL-0002 (Ed. 1/72) covering
Comprehensive General Liability and Insurance Services Office form number GL
0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ("occurrence" form CG
Insurance Services Office form no. CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
Worker's Compensation Insurance as required by Labor Code of the State of
California an Employer's Liability insurance.
4. Errors and Omissions insurance.
Minimum Limits of Insurance. Consultant (
shall maintain limits of insurance no less than:
DKS )
General Liability: $1,000,000 combined single limit per occurrence for bodily
injury and property damage.
Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
Workers' Compensation and Employer's Liability: Worker's compensation as
required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
Professional Liability Insurance: $1,000,000 per occurrence and in the annual
aggregate.
3of6
Other Insurance Provisions. Insurance policies required by this contract shall contain or
be endorsed to contain the following provisions:
All Policies. Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
to the Cities via United States First Class Mail.
General Liability and Automobile Liability Coverage. The Cities of Murrieta and
Temecula, their officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities performed by the
Consultant; products and completed operations of the Consultant; premises owned,
occupied or used by the Consultant, or automobiles owned, leased, hired or
borrowed by the Consultant. The coverage shall contain no special limitations on
the scope of protection afforded to the Cities, their officers, officials, employees
or volunteers.
With regard to claims arising from the Consultant's performance of the work
described in this contract, the Consultant's insurance coverage shall be primary
insurance as respects the Cities of Murrieta and Temecula, their officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the
Cities, their officers, officials, employees and volunteers shall apply in excess of,
and not contribute with, the Consultant's in-~urance.
Any failure to comply with the reporting provisions of the policies shall not affect
coverage provided to the Cities, their officers, officials, employees and volunteers.
The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought, within the limits of the insurer's liability.
Worker's Compensation and Employers Liability Coverage. The insurer shall
agree to waive all rights of subrogation against the Cites of Murrieta and
Temecula, their officers, officials, employees and volunteers for loss~ arising:
from work performed by the Consultant for the Cities.
Verification of Coverage. Consultants shall furnish the Cities with certificates of
insurance effecting coverage required by this clause. The certificates for each
insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates are to be on forms provided by the Cities
and are to be received and approved by the Cities before work commences. The
Cities reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultants shall include all subconsultants as insureds under its policies or shall
furnish separate certificates for each subcontractor. All coverage for
subcontractors shall be subject to all of the requirements stated herein.
4of6
13.
14.
15.
Any deductibles or self-insured retentions must be declared to and approved by the
Cities. At the option of the Cities, either: the insurer shall reduce or eliminate
such deductibles or self insured retentions as respects the Cites of Murrieta and
Temecula, their officers, officials, employees; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
INDEMNIFICATION. The Consultant agrees to indemnify and save harmless the Cites of
Murrieta and Temecula, their officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense cost, or liability of any kind or nature which the Cites,
their officers, agents, and employees may sustain or incur or which may be imposed upon them
for injury to or death of persons, or damage to property arising out of Consultant's wrongful or
negligent performance under the terms of this Agreement, excepting only liability arising out of
the sole negligence of the Cities.
ENTIRE AGREEMENT. This Agreement nnd any documents or instrument attached hereto or
referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede
all negotiations and prior writing in respect to the subject matter hereof.
KEY PERSONNEL. The Consultant agrees to assign Mr. Douglas Smith as Project Manager.
The Consultant further agrees not to change the key staff without written approval of the Cities,
provided the named individuals remain either as employees or as independent contractors of the
Consultant. Should the project manager or key personnel be replaced for reasons outside of the
Consultant's control, the replacement shall be approved by the Cities.
In the event of conflict between the terms, conditions, or provisions of this Agreement and any
such document or instrument, the terms and conditions of this Agreement shall prevail.
EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after the
date k is signed by the representatives of the Cities. This Agreement may be executed in counterparts.
5of6
IN WITNESS WHEREOF, the paxties hereto have caused this Agreement to be executed the day
and year first above written.
DKS Associates, A California Corporation (Consultant)
By: _
· Smith, P.E.
Principal
City of Murtieta
City of Temecula
, Mayor
, Mayor
APPROVED AS TO FORM:
APPROVED AS TO FORM:
, City Attorney
, City Attorney
ATTEST:
ATTEST:
· City Clerk
, City Qerk
6of6
Cities of Murrieta and Temecula - I-1 511-215 Corridor Planning Study
2. SCOPE OF WORK
This study will identify future capacity requirements' on routes within the Corridor Study
Area and will provide a priority listing of the projects which most appropriately satisfy the
capacity requirements. It will also identify the size 'and number of facilities needed to
accommodate the future travel demand. The next step in the study includes the
development of system alternatives and some conceptual design.
Task 1.0: Project Initiation
This task involves the initiation of the project and refinement of the scope of work.
SUBTASK 1.1: Kickoff Meeting(s) and Refinement of Scope
The DKS team will meet with the TAC and other participating agency staff, to initiate
contacts and to review the proposed scope of work and schedule. The scope and schedule
will i~e refined and detailed and, if necessary, tasks will be reorganized and/or modified
through mutual agreement.
SUBTASK 1.2: Collection of Available Engineering Data
All available data and resources will be collected. Material will include, but will not be
limited to:
· Cities of Murrieta and Temecula General Plan and Circulation Element and
EIR's
· Riverside County General Plans and General Plan Amendments
· Aerial Photography from County Flood Control and the cities of Murrieta and
Temecula
· Available traffic counts and intersection control plans
· Traffic analyses information from the Murrieta/Temecula SCAG/WRCOG
Transportation Modeling Study, known as "Southwest Area Planning District
Focused Model Development"
· All pertinent information on the planning for the improvements to the I-15
interchanges at Winchester Road, Rancho California Road, Murrieta Hot
Springs Road and the Overland overcrossing. Also, the 1-215 interchange at
Murrieta Hot Springs Road
· Precise alignment plans for Jefferson Avenue in Murrieta from Cherry Street
to Ivy Street
· Circulation Elements of Murrieta and Temecula
· Southwest Area Road and Bridge Benefit District Analysis Report
· AutoCAD file for Area Map
· Existing funding in place for funded improvements (CIP)
· Other information as may be required
4013E,4~5,2002~', 6 DKS Associates
Cities of Murrieta and Temecula - I-15/I-215 Corridor Planning Study
Task 2.0: Existing Conditions Analysis
This task will collect data on the existing conditions in the study area and present the
information as the background and setting for identification of programs and formulation
of solutions.
SUBTASK 2.1: Identification of Community and Local Issues'
Through meetings with the TAC, DKS will identify issues of concern and potential capacity
constraints within the corridor area. Issues of concern may include !and use and
development, environmental, traffic congestion, access, circulation and other issues.
Sensitive land uses in the study area, focusing on areas identified by the cities of Murrieta
and Temecula will be reviewed.
SUBTASK 2.2: Existing Circulation and Traffic Conditions
Based on traffic data, research of documents collected, existing volumes and operating
levels of service within the corridor, existing capacity shortfalls will be estimated.
Product: Existing Conditions RePort
Task 3.0: Preliminary Alternative Analysis
This task involves the development of eight (8) system scenarios for future circulation
patterns, corridor travel demand, potential congestion problems and capacity needs for the
year 2015.
SUBTASK 3.1: Future Base Travel Demand Forecasts
This scenario only assumes the completion of committed and funded projects within the
corridor. In essence this forecast will represent a "no project" or screenline scenario. In
addition to forecast daily and peak hour traffic volumes, travel demand and origin-
destination patterns from the base year conditions will be reviewed.
Future travel demand forecasts will be provided from the Murrieta/Temecula SCAGRVRCOG
Transportation Modeling Study, "SWAPD Focused Model Development".
SUBTASK 3.2: Future Capacity Deficiencies and Operating Conditions
Future travel demand in the corridor will be compared against the available capacity.
Facility and corridor operating conditions and congestion will be quantified and analyzed
in terms of volume/capacity ratios, levels of service and delay. This base analysis will be
performed by Hank Mohle and Associates.
SUBTASK 3.3: Future Corridor Capacity Needs
This is one of the key tasks of the corridor study, which will identify the future capacity
needs in the corridor in a general manner. Based on information developed in the previous
~a13s.4as,2oa2~o 7 DKS Associates
Cites of Murrieta and Temecula - I-1 511-215 Corridor Planning Study
two subtasks, future traffic growth and demand will be quantified and capacity
requirements necessary to serve the projected traffic will be identified.
Analysis of forecast traffic volumes, origin-destination and screenline results will provide
information on the future travel demand in the corridor and will provide preliminary and
generalized information on whether the forecast corridor travel demand would be best
served by concentrating improvements along one facility or allocating the additional
capacity among multiple facilities.
Product:
Future base Conditions Report including: - Future Travel Forecasts
- Future Corridor Capacity Needs
Task 4.0: Development and Analysis of Alternatives
Based on travel demand information developed in the previous task, this task will identify,
analyze and evaluate the effectiveness of. various .system alternatives to provide acceptable
capacity to meet this future demand.
SUBTASK 4.1: Design Criteria and Right-of-Way Needs
A set of design criteria will be developed conforming to the cities of Murrieta and Temecula
guidelines by facility type. The criteria will rely heavily on current agency standards.
Typical cross sections and right of way needs for each identified facility will be defined,
as well as typical intersection geometrics.
SUBTASK 4.2: Development of Alternative Facilities
This task will include development and system alternatives to provide the needed future
corridor level capacity. As many as eight (8) candidate alternatives will be identified in
coordination with the TAC. The capacity requirements for the corridor, as identified in the
previous task, will be the basis for determination of the type of facility(ies) needed. The
alternatives may include, but will not be limited to, construction of new facilities, as
identified in Figure 1, or improvements to and upgrading of one or combinations of
facilities. At least one alternative will be presented with no Date Street overcrossing of I-
15.
These existing and new routes will be analyzed in relation to developed design criteria.
Alternative improvements will be graphically represented along with right-of-way needs.
SUBTASK 4.3: Alternative Traffic Analysis
Each of the eight (8) identified system alternative will be modeled by Hank Mohle and
Associates.
DKS will review the analysis for the purposes of identifying alternatives which may not
warrant continued scrutiny or may be included in the ultimate list of mitigation.
40136_495x2002~aro 8 DKS Associates
Cilies of Muftieta and Temecula - I-15/I-215 Corridor Planning Study
SUBTASK 4.4: Evaluation and Comparison of Alternatives
An evaluation matrix will be developed in consultation with the TAC. The matrix will be
used to identify and compare the relative merits of each system alternative. We believe
that development of a comprehensive matrix is one of the key tools necessary to fully
evaluate each of the alternatives.
In this initial phase, factors to evaluate alternatives may include: engineering feasibility,
identified preliminary environmental impacts, jurisdictional land use policy and compatibility,
traffic congestion relief, overall circulation and access improvement potential.
We believe that heavy emphasis should be placed on the compatibility of the future facility
with policies and goals of affected jurisdictions. As an example, if a proposed facility is
incompatible with land use and development goals of a particular jurisdiction, it should be
identified and factored in to the evaluation process.
SUBTASK 4.5: Traffic Memorandum
DKS ,will prepare a technical memorandum outli~ing the methodology and results of this
task. It will be submitted for approval before significant conceptual design work will begin.
Product:
Traffic Memorandum incorporating Existing and Future
Conditions reports and Alternatives Evaluation Results
including:
- Maps and Aerial Photos of Alternative Geometrics
- Documentation of Study and the Determini.ng Factors
Task 5.0: Alternative Network Analysis
This task involves preparing alternative corridor network improvements and analyzing them
for "fatal flaws."
SUBTASK 5.1: Initiate Analysis
The DKS team will meet with the TAC and other participating agency staff to review the
traffic memo and discuss alternatives to be further studied. The scope and schedule will
be refined and detailed and, if necessary, tasks will be reorganized and/or modified through
mutual agreement.
SUBTASK 5.2: Develop Alignment Evaluation Criteria and Matrix
A set of evaluation criteria will be developed for comparison of alternative improvements
and appropriate weighting factors will be specified for each criterion. These criteria may
include such items as extent of improvement, total right of way needs, impacts on adjacent
land uses, total cost, etc.
4~13~J495x2002~r~ 9 DKS Associates
Cities of Murrieta and Temecula - I-15/I-215 Corridor Planning Study
SUBTASK 5.3: Alternative Development
DKS Associates will develop roadway concepts for the identified corridor alignments using
1" = 200' scale photographs. Intersections and interchange geometrics will be defined to
the extent necessary to determine limits of right-of-way requirements. Consideration will
be given to the needs and desires of local communities, traffic movements, angle of
intersections, adjacent development and right-of-way. These drawings will be prepared on
11 "xl 7" exhibits to be included in both the Draft and Final Report.
SUBTASK 5.4: Vertical Geometrics
Rough profiles will be produced for the unconstructed links to determine constructability
and produce cost estimates. Profiles will be developed using existing county flood control
contours, latest USGS quad maps and other available data from city agencies. The need
for bridges, culverts and other structures will be determined as part of the "fatal flaw"
analysis.
SUBTASK 5.5: Alternative Evaluation
DKS Will analyze the alternatives for' traffic operations and construction costs.
Product:
Map(s) of Improvement Alignment Alternatives
Overlays, renderings, sections and graphical representations
illustrating environmental and engineering constraints
Technical Memoranda describing engineering characteristics of
alignment alternatives, including cost and right-of-way needs
SUBTASK 5.6: Complete Evaluation and Scoring Matrix
The alternatives identified will be field checked. The linear scoring matrix will be completed
for all alternatives. This matrix will place a numerical value on all factors concerning the
alignment and will be used in quantifying the merits of each alternative improvement.
SUBTASK 5.7: Evaluate Alternatives and Select Preferred Alternative Improvements
The superior alternative will be identified based on the scoring. The preferred alternative
will be recommended based on engineering and economic evaluations of the alternatives.
Through coordination with the TAC, the merits of each alternative alignment will be
discussed and the recommended alignment will be selected for future consideration.
Product: Technical Memoranda on Alternatives Evaluation and Selection
SUBTASK 5.8: Cost Estimates
A conceptual construction cost estimate will be developed commensurate with the level
of design. The estimate will be of a conceptual nature and will address roadway materials,
earthwork, crossing structures, utility relocations, drainage structures, and other major
items. This estimate will be prepared on the basis of 1995 dollars, and an appropriate
contingency cost to be included as a part thereof will be recommended.
4~Tf3t~4SSx2002,m'~ 10 DKS Associates
Chies of Muftieta and Ternecula - I-1 511-215 Corridor Planning Study
Product: Conceptual Design Drawings of Identified Alternative Geometric
Improvements
Right-of-Way Requirements
Cost Estimates
Task 6.0: Funding
Since funding is obviously a crucial factor in determining the practicality of any alternative,
it will be a key consideration in the evaluation. DKS will work closely with the TAC to
develop and articulate an understanding of the levels and sources of funding which could
be applied to future improvement projects under the realistic expectations of the present
stat,e federal and regional transportation funding programs and policies. Alternate funding
scenarios having some interest and support at the regional, state and federal levels would
be explored and their possible consequences for funding of corridor projects would be
interpreted. :
Development and selection of the preferred alternative in the process through Task 4 would
give ConsideratiOn to the anticipated .funding stream given present policy trends. However,
if these are alternatives which seem preferable on all other evaluation criteria except
relation to present funding policies and institutional arrangements, these would also be
carried forward to the final assessments and identified as desirable additive features to the
preferred alternative or as a superior alternative under the right conditions. The objective'
here is to not let the proposed plan for the corridor be confined by present limited funding
policies or institutional arrangements, particularly if more ambitious improvement plans
seem needed and desirable.
Task 7.0: Meetings
DKS will attend monthly TAC meetings (6 assumed), highlighted in the proposed schedule.
DKS will also willingly make presentations to City Council and other bodies, as indicated
as necessary by the TAC.
Task 8.0: Report Preparation
DKS will collect all documents and technical memorandum into the Final Report. This
report will summarize the methodologies used and the results of various analysis. All
graphics, tables and text will communicate the results of this study.
A Draft Report will be submitted to the TAC for review and comment. DKS will make the
required revisions and resubmit the Final Report.
Product:
10 Copies of Draft Report
50 Copies of Final Report
Digital files on Disk along with Original Set of Documents
4o136j495x2oo2~, 11 DKS Associates
Ciljes of Murrieta and Temecula - I-1 511-215 Corridor Planning Study
3. MANAGEMENT PLAN
In order to successfully accomplish the work program required for the I-15/I-215 Corridor
Planning Study, a multidisciplinary team of professionals must be assembled and managed.
3.1 Management Approach
Having successfully completed other projects of this magnitude, the DKS team understands
and possesses the required communication skills that are vital to implementing this project.
The key to assuring that the issues receive the necessary attention, that the objectives are
met, that the project schedule is adhered to and that the project stays on budget is the
responsibility of the project management. DKS has successfully managed many large-scale
studies such as this one with multiple team members.
Mr. Douglas E. Smith, P.E., has been selected as Project Manager, overseeing the project
work program.- Mr. Smith is a registered civil and traffic engineer with extensive
experience in alternative roadway analysis. He has prepared numerous reports of this
nature including a conceptual design report for Waterman Avenue in San Bernardino and
the Project Study Report (PSR) for MacArthur Boulevard in Irvine. Mr. Smith has directed
alternative traffic analysis on a segment of the Eastern Transportation Corridor, the Culver
Drive Realignment Study in Irvine and Whites Canyon Road in Los Angeles County. He
recently completed the Huntington Beach Circulation Element and Torrance Citywide Traffic
Study as Project Manager. His knowledge of traffic analysis and conceptual roadway
design makes him capable of successfully managing this project.
The role of Principal in Charge will include overseeing the management of the project and
providing technical advice to the project team. The role of project manager will be
overseeing and coordinating the team members. He will run scheduled team meetings and
meetings with Agency representatives. The project manager will be present at all public
meetings, if any are scheduled, acting as the chairperson for the team. He will be the
technical liaison for the team. In addition, the project manager will review the progress of
the project and resolve technical and time coordination issues.
In order to provide overall management structure to the project, the DKS team has selected
the use of management by objectives. It is essential to have a strategy that clearly
identifies the roles of each staff, maps the relationship of each function and prepares a time
line diagram which networks the flow of data and input from various sources. A PERT
chart will be established at the onset of the project which will identify for TAC
representatives and team participants the critical and non-critical timing of
accomplishments.
Once the objectives have been established, the team participants will proceed with the
project and data gathering. There will be time objectives to meet for each step; status in
meeting the objectives will be reported to the project manager. Baseline analysis will occur
from the various disciplines.
Working with Agency staff will be an integral part of the assessment process. In addition
to providing engineering solutions to the project, the sensitivity to adjacent properties'
40taa.~95x20024~, I 2 DKS Associates
Cilies of Murrieta and Temecula - I-1 511-215 Corridor Planning Study
environmental concerns, circulation, safety and parking needs will be important
considerations in developing final solutions. DKS will work with the various involved
agencies including planning, community development and public works to incorporate input
from many sources into the evaluation process..
The DKS team will approach this project in several .organized, strategic phases, including
an initial data gathering phase, a traffic analysis phase and a final report phase.
The involved agencies, with the DKS team, will ultimately select the preferred alternative.
The determination will be based upon meeting the objectives as stipulated in the request
for proposal and cost effectiveness.
Value engineering will be an integral component of the analysis process. Team members
skilled in value engineering will independently assess the alternatives being pursued to
determine if the best value of approach is being selected.
The alternative selection process is the core of the project, bringing together the disciplines
of traffic engineering, civil engineering.and value engineering. Changes to the existing
roadway system will have benefits and ramifications to the properties, utilities, structures,
and the environment. Therefore, v~e have created an interactive team familiar with the
problems of roadway improvement projects to evaluate the useful alternatives in the most
efficient manner.
An important phase of the project involves identifying engineering constraints that can be
used as input to the development of project alternatives. During the process, "fatal flaws"
that could eliminate alternatives will also be identified. The location and/or design of each
proposed improvement will be developed to minimize the impacts of the project. The
selection of the preferred alternative will be based on engineering concerns as identified
during meetings.
DKS will evaluate each of the alternatives. Periodic sessions will be held between DKS and
the TAC to discuss each of the alternatives, providing different perspectives. Favorable
alternatives will be selected for evaluation by the value engineering team. Write-ups of
justification will be prepared. Approximate cost estimates will also be prepared.
'Each segment will undergo a thorough evaluation based upon field reconnaissance by
skilled engineers such that the selected alternatives will meet the objectives of the project.
This element of the project will be the most intense and dynamic phase due to the potential
for several iterations in order to recommend alternatives that are responsive to the future
traffic demands.
The final document will consist of two packages: 1) conceptual alternative system
improvements and 2) final traffic report. The report will establish the process of selection
of the alternatives, how it meets the objective, the reasons for selection and a breakdown
of the cost of the alternatives. Right-of-way information will be a part of the data. A
photo reduced copy of each plan will also be included in the report.
The transportation impacts of the preferred alternative will be evaluated by comparing
measures of performance for future traffic volumes for the existing roadway conditions
with those predicted for the finished projects. Existing conditions (year 1995) will also be
evaluated for comparison purposes. The evaluation will be limited to calculation of major
40136.495z2002~, 13 DKS Associates
Cities of Murriete and Temecula - I-15/I-215 Corridor Planning Study
intersection volume-to-capacity ratios and the level of service for the peak period, plus a
qualitative discussion of circulation and access impacts.
DKS is very interested in providing our services to the cities of Murrieta and Temecula on
this project. We are committed to the successful completion of this project.
3.2 Project Organization
DKS has managed projects ranging from areawide planning studies to Alternatives
Analysis/EISs for multimodal corridors. DKS project managers are well-trained in the skills
of managing complex projects. The chart on the following page illustrates the project
organization structure.
3.3 Project Staff Summaries
This section coorains brief qualifications-summaries for key staff members from the DKS
team.. The roles of key project staff and their experience in similar assignments are
described below. Resumes of each are included in the Standard Form 255 section to this
proposal.
3.3.1 PROJECT MANAGER
This is a very important project to the participating agencies and to DKS Associates. It
requires the assignment of a senior-level project manager with experience in similar studies
and who will have the requisite amount of time available to devote to this assignment. Mr.
Douglas Smith, P.E., is the designated Project Manager.
Douglas E. Smith, P.E., Project Manager. Mr. Smith is a registered civil and traffic engineer
with more than 14 years of professional experience. As a registered civil engineer, Mr.
Smith has participated in the conceptual design of numerous facilities. His experience
includes preparation of conceptual design reports for Perez Road in Cathedral City and
Waterman Avenue in the City of San Bernardino. He has also participated in conceptual
design of Whites Canyon Road in Los Angeles County and Mountain Avenue widening in
Upland. Mr. Smith assisted in the preparation of the MacArthur Boulevard PSR in the City
of Irvine. He directed the preparation of a traffic analysis for the North leg of the Eastern
Transportation Corridor and conceptual design of Mountain Avenue in Upland. In addition,
Mr. Smith has extensive experience in the analysis and design of intersections, roadways
and traffic signals.
Mr. Smith has working knowledge of how to manage transportation models and has been
project manager on DKS' Huntington Beach and Lancaster Circulation Elements as well as
the Torrance Citywide Traffic Analysis Study.
Mr. Smith has managed projects with over ~500,000 in design fees. His combined
experience in traffic engineering and analysis and roadway design are key elements to the
successful completion of this project. He has also had an extensive working relationship
with Caltrans staff.
4013S.495,2OO2~r, 14 DKS Associates
Proposed Organization Chart
CITIES OF TEMECULA
AND MURRIETA
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............... :::'::::.,
::-:::-! :!::.i:
Robert J. Close, P.E. -----~
--~-'- ......................~-.--,-t_ ......................................
- John P. Long, P.E. -~-:' '
-:' George Fares, P.E. :: :::_'~::-2:.:.-:..:_~.c-~r_-'~::~:=z-<-:~'.--:~:~::::.-':'::: ~:' '~ ':~-:.:.:_~'
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............... .:'.'. :.:.. :...'::Z:.:...'. '.'. -: - .":7..-'-~
TRANSPORTATION
ANALYSIS
Keith B. Heimuth, P.E.
Mario Sanchez, P.E.
DKS Associates
Ciljes of Murrieta and Temecula - I-1 511-215 Corrido~ Planning Study
3.3.2 PRINCIPAL-IN-CHARGE
The Principal-in-Charge is a very important project person to the participating agencies and
to DKS Associates. The Principal-In-Charge will serve as DKS's commitment and
dedication to the project. He will assist the Project Manager in overseeing the project and
ensuring that adequate resources and staff are assigned to the project. He will also ensure
that the overall product is consistent. In addition, he will provide his expertise in
geometrics and civil design. Mr. Robert J. Close, P.E., DKS Principal and Director of the
Orange County office, will serve as Principal-in-Charge.
Robert J. Close, P.E., Principal-in-Charge. Mr. Close is an experienced senior project
manager in transportation design and planning projects and studies as well as construction
administration projects. He has been responsible for rail transit; highway design, bridge
structures, and water resources projects. He has been involved in projects with state
highway departments, federal agencies, and city and county agencies throughout North
America.
Mr. CIose's previous employment included nine years with the Cook County (Illinois)
Highway Department. While at Cook COunty, he spent seven years in the Transportation
Planning Division where he prepared Countywide transportation analyses and CIP plans and
participated in regional and state level committees establishing multi-modal Transportation
Improvement Programs. He worked with staff and elected officials to determine
appropriate funding sources, project feasibility, priority analysis and inter-government
cooperative agreements.
3.3.3 OTHER KEY STAFF
Keith B. Helmuth, P.E., Transportation Analysis. Mr. Helmuth is a transportation engineer
with eight years of experience. Mr. Helmuth is very familiar with the operation of arterial
roadways and intersections, having evaluated hundreds as part of project traffic impact
studies, timing plans and alignment studies using Highway Capacity Manual Methods,
PASSERII 90 and TRANSYT-7F. Mr. Helmuth is also experienced in roadway civil design
including being design set coordinator for portions of the Desert Inn Road Super Arterial in
Las Vegas, Nevada.
Mario A. Sanchez, P.E., Geornetrics-Civil. Mr. Sanchez has extensive technical experience
in traffic/transportation engineering and planning, traffic signal design and traffic
engineering design with the utilization of AutoCAD computer software as well as Highway
Capacity Manual, PASSER an TRANSYT software systems. Mr. Sanchez has been involved
in numerous projects requiring either geometric or civil design. The Honolulu Rail Rapid
Transit Development (Hawaii) required extensive geometric design for road widening due
to 16 miles of guideway columns. Most recently, Mr. Sanchez was project engineer for
Mt. San Antonio College parking lot design which entailed pavement reconstruction of six
lots. Mr. Sanchez was project engineer for the Huntington Beach Circulation Element
which evaluated future buildout conditions for the entire City including geometric
conditions, based on future projected traffic conditions.
40136J95x20024~r~ I 6 DKS Associates
Cilies of Murrieta end Ternecula - I-15/I-215 Con'idor Planning Study
3.3.4 VALUE ENGINEERING TEAM
Mr. John P. Long, P.E., and Mr. George B. Fares, P.E. will perform Value Engineering and
Quality Control on this project~ Their resumes are included as part of the Standard Form
255s.
~z;Lufz~az~, 17 DKS Associates
Cilies of Murrieta and Temecula - I-15/I-215 Corridor Planning Study
4. PROJECT SCHEDULE
DKS Associates has designated that this project be completed within six (6) months of the
notice-to-proceed. The DKS Team has discussed the project schedule in detail. We are
confident that, given our extensive staff, computer, equipment and facility resources, the
DKS Team can complete this project within the anticipated schedule.
This section includes a project schedule for the DKS Associates team, assuming a start
date of March 1, 1995. In developing the schedule, the team identified the tasks to be
performed, those that can be performed concurrently, critical and non-critical tasks, and
products or deliverables.
Project Schedule
!: , - COMPLETION.
NO. TASK ~::;: DURATION .'!~i :; -DATE '-' -
1 Project Initiation 2 weeks March 15, 1995
2 Existing Conditions 3 weeks April 5, 1995
3 Alternative Analysis 4 weeks May 3, 1995
4 Alternative Development 4 weeks May 31, 1995
5 Network Analysis 4 weeks June 28, 1995
6 Funding 2 weeks July 26, 1995
7 Meetings every 2 weeks September 1995
8 Report Preparation 5-6 weeks September 1995
~ ::ELEMENT
Discussion with TAC
Receipt of Data
Identify 1 st set of
alternatives
Develop 2nd set of
alternatives in
greater detail
Develop
implementation plan
I.D. cost and funding
Throughout project
TAC consensus
This section also includes a table of DKS Associates' team, detailing workload
commitments for key project staff. The table lists current workload, projected workload
commitments as of February 1, and percentage of time available to commit to this project.
It can be seen that key people involved in this project have extensive availability after
February 1 to dedicate to this task.
4013~.495x2OO2~r, 18 DKS Associates
ITEM 6
APPROVAL
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
September 12, 1995
Parcel Map 28122 (located east of Meadows Parkway, between Rancho
California Road and Rancho Vista Road)
PREPARED BY: ~Jim D. Faul, Assistant Engineer - Land Development
RECOMMENDATION:
That the City Council approve Final Parcel Map 28122 subject to the Conditions of Approval.
BACKGROUND:
Tentative Parcel Map 28122 (PA95-0007)was approved by the City of Temecula Planning
Director on March 23, 1995. The Developer has met all of the applicable Conditions of
Approval.
Final Parcel Map 28122 contains three (3) parcels within 0,472 gross acres. The parcel map
is located east of Meadows Parkway, between Rancho California Road and Rancho Vista Road
in the Vintage Hills area of the Margarita Village Specific Plan No. 199. This parcel map is a
subdivision of lot 13 of Tract Map No. 22716-2 recorded on October 26, 1995 in Book 208,
Pages 78 through 81 of maps in the office of the County Recorder of Riverside County,
California. The Developer is Van Deale Development Corporation.
The following fees and deposits have been paid for Final Parcel Map 28122:
Flood Control Fee, ADP
paid under Tract Map 22716-2
The following fees have been deferred for Final Parcel Map 28122:
Stephen's K-Rat Fee
Public Facilities Fee
Signal Mitigation Fee
Fire Mitigation Fee
Due prior to Grading Permit
Due prior to Building Permit
Due prior to Building Permit
Due prior to Building Permit
-1 - r:\agdrpt~95%0912~prn28122.map
The following bonds have been posted for Final Parcel Map 28122:
Faithful Labor &
Performance Material
Subdivision
Monument
Demolition & Replacement
(Meadows Parkway) $1,568 $748
Survey Monuments
Landscape (see attached letter from TCSD)
$400
FISCAL IMPACT:
None.
ATTACHMENTS:
2.
3.
4.
5.
Development Fee Checklist
Vicinity Map
Copy of Sheet 2, Parcel Map 28122
Fees and Securities Report
TCSD letter dated 7-28-95
-2- r:~egdrpt\95~0912~0m28122.map
CITY OF TEMECULA
DEVELOPMENT FEE CHECKLIST
Final Parcel MaD 28122
The following fees and deposits were reviewed by Staff relative'to their applicability to this
project.
Fee Condition of Aooroval
Habitat Conservation Plan
(K-Rat)
Parks and Recreation
(Quimby Fees)
Traffic Signal Mitigation
Public Facility
Fire Protection Mitigation
Flood Control (ADP)
Condition No. 7
Due Prior to Grading Permit
Condition No. 64
Due prior to Building Permit
Condition No. 30
Due Prior to Building Permit
Condition No. 53
Due Prior to Building Permit
Condition No. 65
Letter dated 3-1-95
Condition No. 42
(paid under Tr. 22716-2)
-3- r:~agdrpt~95\0912%pm28122.map
CITY OF TEMECULA ENGINEERING DEPARTMENT
FEES AND SECURITIES REPORT
PARCEL MAP 28122
IMPROVEMENTS
Demolition/Replacement $
FAITHFUL PERFORMANCE
SECURITY
DATE: September 12, 1995
MATERIAL & LABOR
SECURITY
1,568 $ 740
TOTAL
MonumentSecurity
1,568
$ 400
$ 740
DEVELOPMENT FEES (PA95-0007)
City Traffic Signing and Striping Costs
RCFCD Drainage Fee - paid
Fire Mitigation Fee - deferred
Signal Mitigation Fee - deferred
Road and Bridge Benefit Fee
Other Development Fees
$ N/A
(per Tr 22716-2)
$ T.B.D.*
$ T.B.D.*
$ N/A
$ T.B.D*
SERVICE FEES (LD95-004MP)
Planning Fee
Comprehensive Transportation Plan
Plan Check Fee
Inspection Fee
Monument Inspection Fee
Letter of Map Revision (LOMR Review)
Fees Paid to Date
Balance of Fees Due
*T.B.D. - To be determined
$ 57.00
$ 4.00
$ 810.00
$ N/A
$ 250.00
$ N/A
$ 1,121.00
$ 0.00
-4- r:%agdrpt%95\0912%pm28122.map
C
ity of Temecula
~usiness Park Driv~ · Temecula, California 92590
JUL ? 1 1995
July 28, 1995
Mr. Bryce H. Kitfie
Vice President
Van Daele Development Corp.
2900 Adams Street, $te. C-25
Riverside, CA 92504
Re: PM 28122 - TCSD Landscape Maintenance Area
As a follow-up to your letter dated July 13, 1995, the City Attorney has determined that the
Faithful Performance Bond No. 3SM 805 114 00 from Van Daele to the City of Temecula
Planning Department adequately insures the construction of the remainder portion of the
landscape improvements adjacent to Meadows Parkway. Therefore, the TCSD wffi not require
that an additional bond is posted for this area. However, a pre-job meeting with the TCSD
Maintenance Superintendent is required prior to beginning the landscape improvements that are
proposed for transfer to the City for maintenance purposes.
If you should have any additional questions, please contact me at (909) 694-6480.
Sincerely,
e
Development Services Analyst
cc: Phyllis Ruse, Development Services Administrator
I~Pnnted on Recycled Paper.
ITEM 7
TO:
FROM:
DATE:
SUBJECT:
APPROVAL
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
<::~-/Joseph Kicak, Director of Public Works/City Engineer
September 12, 1995
Murrieta Creek (First Street Bridge) Flood Plain Study and Topography
RECOMMENDATION:
That the City Council approve a Contract Amendment No. 2 to an existing Contract with
Norris-Repke, Inc. for additional mapping and Hydrology Study for the First Street Crossing of
Murrieta Channel, and the Old Town Area.
BACKGROUND:
City Council previously awarded the contract for the design of First Street from Front Street
to Western Bypass Corridor along with the design of bridge over Murrieta Creek. Flood
Control District has completed very preliminary design of Murrieta Creek through that portion
of the City. The floodways of the Creek under the existing conditions is in question, due to
the fact that several changes have occurred in the floodplain as well as floodway since the
issuance of most recent FIA maps. The exact alignment of the proposed Murrieta Creek has
not been determined by the RCFC and WCD. Therefore the RCFC and WCD as well as FEMA
representatives (Michael Baker Jr.) are requesting that additional studies be completed, both
topography as well as HEC 2 Analysis to determine the required elevation and the length of
the bridge to provide for horizontal and vertical (free board) clearances of the structure under
the current configuration of the Murrieta Creek.
We have requested proposals for the studies and received two (2) responses.
The area to be mapped is within the following boundaries:
Centerline of I-15 to 200' northerly of Rancho California Road, then along the line 200' north
of Rancho California Road to the westerly City limits, then along the westerly City limits to the
confluence of Temecula and Murrieta Creeks and then to the centerline of I-15.
The proposed mapping will provide additional side benefits. The mapping will include all of
the Old Town Area which will be of great value in the future design and review of the
facilities. The topography will be in 1" = 40' with one (1) foot contours and spot elevations
to the nearest 0. 1 foot. This information will be utilized for several Old Town Projects.
The cost for the above described work is $36,900.
-1 - r:~agdtpt~95\0912~mutrlm.crk/ajp
FISCAL IMPACT:
Adequate funding is available for the project in the First Street Bridge Realignment and
Roadway Improvements.
ATTACHMENTS:
Contract Amendment No. 2
Exhibit "A" Norris-Repke, Inc.
Letter of Proposal - Dated August 22, 1995
-2- r:~agdrpt~95\O912~m'ieta.cddajp
AMENDMENT NO. 2
NORRIS-REPKE, INC.
The Agreement dated December 13, 1994 between the City of Temecula, and Norris-Repke,
Inc. (herein referred to as "Agreement") is hereby amended as follows:
Re:
Professional Design Services for Old Town First Street Bridge, First Street Realignment,
and Roadway Improvements.
Section I
The Scope of Work is hereby amended by adding the activities as specified in Exhibit "A",
Norris-Repke, Inc.'s proposal dated August 22, 1995.
TOTAL AMOUNT $36,900.00
Section 2
Compensation for services shall be total of all services described in.this Amendment and shall
not exceed Thirty Six Thousand Nine Hundred Dollars ($36,900).
All above costs are eligible for funding through Redevelopment Agency Funds. Adequate
funds have been reserved within budget of the Redevelopment Agency. The total cost of this
element of the project is summarized below:
A. Original Contract (Approved 12-13-94) $174,842
B. Contract Amendment No. 1 68,952
C. Proposed Contract Amendment No. 2 36,900
Total: $280,694
Section 3
All other terms and conditions of the Agreement shall remain the same.
The parties hereto have executed this Agreement on the Date and year above written.
CONSULTANT
CITY OF TEMECULA
By: By:
Norris-Repke, Inc. Ronald J. Parks, Chairman
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
-1- r:~agdrpt\95\0912~NORRlS.CA2Jajp
NORRIS-REPKE, INC.
\ J Consulting Civ,I Eng,neers and Land Surveyors
'~_ [~ 33055 VINO WAY ° TEMECULA. CA 92591 · (g09) 676-5816 FAX: [909)676-5816
Jack P. Norris, PE
Warreq W. ;~epke, PE
Noel W. To~kelso~. PE
Randy G. Berry. PE
August 22, 1995
NRI P-92-04
Skip Hammann
Public Works
City of Temecula
43174 Business Center Dr.
Temecula, CA 92590
Sub j: Old Town topography
Murrieta Creek flood plain study and FEMA application
Dear Mr. Hammann:
We are pleased to submit this proposal to provide professional
surveying and engineering services as requested.
The first item is to provide a set of topographic maps. The
area, shown on the attached map, is bounded on the north 200'
north of Rancho California Road, on the east by the west lane of
the ]:-15 Freeway, on the south by Santa Margarita River/Temecula
Creek, and on the west by the alignment of the proposed Western
Bypass Corridor. (We would ask the City to provide that exact
alignment.) The maps would be at the scale of 1" = 40' with one-
foot contours. The City would receive mylar reproducibles. We
would be provided with a drawing in digital format on disk from
which we would create a digital terrain model in AdCadd/AutoCad
for extraction of cross-sections for the flood plain study as
part of the second item below. Our proprietary utility program
formats cross-sections into X1 and GR records for a HEC2 data-
file.
Aerial mapping would be by Robert Lung and Associates of Tustin.
Our survey/mapping personnel would set the ground control. Time
required to complete would be about 4 weeks after authorization.
The second item is to perform a flood plain study of Murrieta
Creek in this reach and prepare a LOt~IR/CLOM R application to
submit to FEM A. ]:ts purpose is to support the proposed construc-
tion of the WBC and 1st Street bridges. The analysis would be
based on the new topo described above and would cover both the
existing condition, for a new Base Flood Elevation, and the
proposed conditions. (The existing FENIA study is out of date and
inaccurate.) Hydraulic computation would be performed utilizing
the HEC2 program of the Army COE. We would ask the City to have
MAIN OFFICE: 6'33 N. TUST!N AVENUE · SUITE 250 , SANTA ANA, CA 92705-3736 , (714) 973-2230 , FAX [714) 973-2263
Aug 22, 1995 City of Temecula Public Works p. 2 of 2
provided to us the WBC consultant's HEC2 datafile on disk for
inserting their bridge model records into our datafile.
The new flood plains would be plotted on the topo maps and in-
cluded, with all other necessary exhibits, in the application
package. The RCWCFCD has offered the City's consultant the
benefit of its experience in preparing the LOMR/CLOMR FEMA appli-
cation. We would therefore work closely with them for that
guidance to increase the likelihood of a short processing time to
approval. Please allow 5 weeks to complete this item.
Our fees would be as follows:
Topographic maps:
Robert Lung and Assoc.
Norris-Repke, Inc.
$17,950
9,150
27,100
Flood plain study/FEMA application
Norris-Repke, Inc.
9,800
Total $36,900
Thank you for inviting this proposal. Please let me know if you
need additional information.
Sincerely,
· Norris
attach: map
P90:ws5\9203\9204.pro
NORRIS-REPKE, INC.
Course
27'30"
ITEM 8
APPROVAL ~{~
CITY ATTORNEY
FINANCE DIRE4R~
CITY MANAGE
CITY OF TEMECULA
AGENDA REPORT
TO: City Council/City Manager
FROM: ~oseph Kicak, Director of Public Works/City Engineer
DATE: September 12, 1995
SUBJECT: Joint Project Funding Agreement (Pala Road Bridge/Sewer)
RECOMMENDATION:
That the City Council approve the Joint Project Funding Agreement (Pala Road Bridge/Sewer)
between the County of Riverside (AD 159) and City of Temecula.
BACKGROUND:
The City of Temecula and the County of Riverside have been pursuing the construction of Pala
Road Bridge over Temecula Creek. To that extent, several preliminary studies have been
completed and others are underway.
On May 25, 1995 City Council by Resolution No. 95-44 authorized the Mayor to sign Program
Supplement No. 7 to Local Agency-State Agreement providing $216,000.00 of Federal
Funding for a portion of preliminary studies.
The attached agreement between the City and the County provides for joint funding of Pala
Road Bridge.
FISCAL IMPACT:
Adequate funding has been provided in the FY1995-96 Capital Improvement Budget for Pala
Road Bridge.
ATTACHMENTS:
1. Joint Project Funding Agreement
(Pala Road Bridge/Sewer)
-1- r:~agdrpt~95\O912\jtfundin.agm/ajp
COUNTY OF RIVERSIDE
ASSESSMENT DISTRICT NO. 159
(Rancho Villages)
JOrNT PROJECT FUNDING AGREEMFNT
(PALA ROAD BRIDGE/SEWER)
This AGREEMENT is made and entered into this __ day of 1995 by
and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California
(hereinafter referred to as the "County") on behalf of Assessment District No. 159 (Rancho
Villages) and the CITY OF TEMECULA, a municipal corporation and public agency existing
under the laws of the State of California (hereinat'ter referred to as the "City").
EECIIALS
WHEREAS, the County has conducted proceedings tbr the formation of (i) an
assessment district designated Assessment District No. 159 (Rancho Villages) and (ii) a
supplemental assessment district desiod~ated Assessment District No. 159 Supplemetal (Rancho
Villages) (collectively, the "Assessment District") pursuant to the Municipal Improvement Act
of 1913 (the "Act"), being Division 12 (commencing with Section 10000) of the Streets and
Highways Code of the State of California, to finance the construction and acquisition of certain
public improvements specified in such proceedings (the "Improvements");
WHEREAS, two of the Improvements designated for construction by the
County are (1) a sewer pipeline within Pala Road which will cross Temecula Creek adjacent to
the alignment of the proposed extension of Pala Road at the location of the Pala Road b'ridge;:
and (2) the Pala Road bridge, including road improvements (both designated herein as the
"Pala Road Bridge Improvements");
WHEREAS, City has offered to assist with planning and construction of the
Pala Road Bridge Improvements and road realignment by providing its prorata share of
financial assistance for its planning and construction;
WHEREAS, in order to construct the Pala Road Bridge Improvements, the
parties must obtain right-of-way and must obtain federal and State permits, including
environmental approvals, and enter into agreements in order to encroach on wetlands habitat
and Waters of the United States;
WHEREAS, the parties wish to provide for the joint processing and funding of
the governmental permits and to provide for a cooperative effort in obtaining the necessary
right-of-way and for replacement habitat as required by the federal and State permitting
t59PAI_A. 7 08~1/95:109
agencies and have agreed to the reimbursement of such costs from funds which mav become
available pursuant to this agreement;
WHEREAS, the parties have determined to engage Odgen Environmental and
Energy Services, Trans-Paci~c Consultants. McDaniel Engineering, et al. ("Consultants"). to
provide the engineering and administrative services required to obtain the right-of-way and the
,,overnmental permits;
WHEREAS, Consultants have prepared agreements for such services by and
between such consultants and the respective parties hereto, which agreements will provide for
the payment of one-half of the total cost of such services by each party as estimated in
Exhibit A attached hereto; and
WHEREAS, the parties agree to cooperate in all efforts to obtain federal and/or
State funds, and to utilize such funds for the payment of costs of the Pala Road Bridge
Improvements or the reimbursement therefor as provided in this agreement.
NOW, THEREFORE, THE COUNTY OF RIVERSIDE AND THE CITY OF
TEMECULA DO HEREBY AGREE AS FOLLOWS:
AGEEEMENI
1. Recitals. The above recitals are true and correct.
Right-of-Way. The County and the City shall collectively pursue and support the
acquisition of the necessary fight-of-way in order to complete the construction of the
Pala Road Bridge Improvements and to provide a mitigation bank of replaceme.nt
habitat required by the permitting agencies.
Governmental Permits and Agreements. The County and the City shall collectively
pursue and support the processing of the Pala Road Bridge Improvements in order to
obtain the federal and State permits, including environmental approvals, necessary to
the construction of said public improvements. '
Cost-Sharing. The County and the City shall share the cost of obtaining the necessary
fight-of-way, the costs involved in securing the necessary governmental permits,
including but not limited to federal Section 404 permits and State Section 1601
agreements in order to encroach on wetlands habitat and waters of the United States,
and providing a mitigation bank or' replacement habitat required to complete
construction of the Pala Road Bridge Improvements, all as described and estimated in
Exhibit A attached hereto.
Scope of Bridge Design and Construction. The parties agree that the Pala Road bridge
will be designed and processed for governmental approvals as a Iv'our lane bridge
159PAL~.. 7 2 0g~1,,95:109
,
capable of being expanded to a six lanes, based on a traffic study approved bv the
parties and consistent with the designation of Pala Road as a six lane urban arterial
highway by the City. The bridge will be submitted for environmental approval. offered
for bid and constructed as a four lane structure, leaving the remaining two lanes to be
added by the City at its sole cost as the need dictates. To the extent the costs covered
by this agreement for the design and governmental processing or' a four lane bridge
exceed those which would have been incurred as described in the original design plans.
such costs will be borne proportionately by the City and the County; provided. that if
such additional costs are the result of betterments requested by the City or the County.
such costs will be borne entirely by the party requesting such betterment.
Pavment bv Parties. The County will enter into an agreement with Consultants to
complete the en.oineerino and processing work necessary to obtainin,, the right-ot'-wav
~ ~. .~ ~ ,
and permits described herein; provided, however, that the City agrees to bill Caltrans
within thirty (30) days of receipt of a pay request from the County, which includes a
detailed breakdown of costs incurred or invoices received, and diligently pursue
collection of such billed amount, and to immediately remit to the County its
proportionate share of payments made or incurred for such engineering, processing and
mitigation costs.
City Funding. The City hereby commits to provide funding from bonds posted or
moneys on deposit for Pala Road bridge mitigation in the approximate amount of
$600,000 for the payment of engineering, governmental processing and environmental
approvals and mitigation in the manner described in Section 6 hereof. In addition, the
City commits to provide an additional amount of 5776,000 for the construction of the
Pala Road Bridge Improvements, which additional amount shall be subject to
repayment from the pending Caltrans/FHWA grant.
Countv Payments. Any payments made by the County in connection with the P~la
Road Bridge Improvements shall be made solely from bond proceeds of the Assessment
District.
Governmental Grants: Reimbursement. Any funds received by the City or the County
from federal, State and/or local grants related to the Pala Road Bridge Improvements'
shall be allocated to those paying for the costs of said project on the same basis as was
originally used to prorate the costs of said project; except that all moneys advanced by
the City from its general fund (exclusive of payments from bonds or mitigation
payments held for the Pala Road bridge) shall only be reimbursed to the extent such
grant is in the full amount of eighty percent (80%) of the eligible costs. If the grant
proceeds are less than this percentage, the repayment amount will be reduced to the
percentage of the amount received divided by the full funding amount. All repayments
to the City will be reduced by any amounts for betterments requested by the City. All
costs for the construction of the fifth (Sth) and sixth (6th) lanes (including
environmental approvals and mitigation measures) will be provided by the City, subject
to reimbursement from grant funds from the Bureau of Indian Affairs or fees imposed
~59PAI_-\. ' 3 08/21/95:i09
10.
11.
12.
13.
14.
on bene~ting property owners, exclusive of assessments in the Assessment District, or
amounts due under contracts between the City and such bencHring property owners.
and is not considered a part of this project.
Disputes. Any disputes which may arise between the City and the County during the
operation of this agreement shall be resolved without impact on the schedule or timing
of payments or the process of pay requests under the Caltrans/FHWA grant.
Notices. Any notice authorized or required to be given by this Agreement or
proceedings related hereto shall be deemed to have been sufficiently given if and .when
sent by first class mail, postage prepaid, to the parties as follows:
To County:
COUNTY OF RIVERSIDE
4080 Lemon Street 8th Floor
P.O. Box 1090
Riverside, CA 92502
Attn: Director of Transportation
To City:
CITY OF TEMECULA
43172 Business Park Drive
Temecula, CA 92590
Atm: City Manager
Successors and Assigns. This Agreement shall inure to the benefit of and be binding
on each of the parties and their successors and assigns.
Effective Date. This Agreement shall become effective upon acceptance by the Board
of Supervisors of the County and the City Council of the City and by execution bY the
respective authorized representatives of each.
General. This Agreement contains the entire agreement between the parties with
respect to the matters herein provided for, and may only be amended by a subsequent
written agreement executed by all parties. This agreement may be executed in
counterparts, each of which shall be deemed an original, but which together shall
constitute a single agreement.
159PAL-X. 7 4 08,21/95:109
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date indicated above.
COUNTY OF RIVERSIDE
ATTEST:
By:
Chairman, Board of Supervisors
Gerald A. Maloney, Clerk
of the Board of Supervisors
APPROVED AS TO FORUM:
County Counsel
CITY OF TEMECULA
ATTEST:
By.'
Jeffrey E. Stone, Mayor
City Clerk
APPROVED AS TO FOR:M:
Peter M. Thorson, City Attorney
159PALA. 7
5 08/21/95:109
Exhibit A
PAIA ROAD BRIDGE
ENVIRONME?,~AL COST E STINATE
DocumentJActivi.t-y
Prepare ACOE 404 Pemxit
A~D[ica~ion
Update Wetlands Delineation
Wetlands Impact '_Amal,vsis
'~tematives Aa~al.vsis/LEDPA
401 Water Qau/ity
Certilication
Mitigation Plan
SW Willo~r Flycatcher
Su.rvey1
Prepare CDFG 160 1 A=,hcation
Impact Identification,
Mitigation
(inchdeal ,,,ith ACOE
FHWA Categorical Exclusion
Studies
Noise (County prepared)
Supplemental Historic Propercy
Su.B'ey'
Extended Survey
Bridge Evaluation
Phase H Testing (~ recruited
Hydrology/Hydrauhc Study
Floodolain gish Assessment
Sensi.:i'.-e S=ecies Su.rvev2
Total Estimate ~ City
$3,5~o.oo $~,755.oo
CourtLy
81,755.00
810,530.00 $5,265.00 S5,265.00-
85,180.00 82,590.00 82,590.00
$12,990.00 86,-~95.00 86,-~95.00
8,1,720.00 8860.00 8860.00
$9,737.50
85,262.50
819,-~75.00
810,525.00
S9,737.50
$5,262.50
S3,510.00 $1,755.00 S1,755.00
$12,125.00 $6,062.50
$12,120.00 $6,060.00
S20,720.00
S7,360.00
Sl~,010.00
834,100.00
S7,995.00
89,000.00
$10,360.00
S3,680.00
S7,005.00
S17,050.00
S3,997.50
S4,5o0.00
86,062.50
86,060.00
S10,360.00
S3,680.00
S7,005.00
S17,050.00
S3,997.50
S4,500.00
tAddittonal sun'ey required bv USFWS
2Completed using exist:ng subconsultant
Stephens kangaroo rat survey
Cou. n~v staff time (thru 6-96)3
Preliminary bridge design 4
Trans-Pacific Consultants time 4
Environmental consujtant expenses
Subtotal
On site/off site wedands mitigations
Total
S2,085.00
S. 143,270.00
$10,910.00
$23,140.00
$6,508~00
$370,783.00
$750,000.00
~l.120.783.00
S 1,042.50
S71,635.00
S3;254.00
S168,366.50
$375,000.00
$543.366.50
S1,042.50
S71,635.00
S10,910.00
S23,140.00
S3,254.00
S202,416.50
$375,000.00
$577,416.50
* HPSR scope of work was provided bv CalTrans during review of RFP for environmental services and had
not been made available when original cost estimate was prepared. ~
Note: Shaded items in O~den Environmental and Energy Services Scope of Work
b:\bud~et.4
3Includes benlits but not overhead
~CalTrans does not consider retmburseable
sEstLrnates wetlands mmgauon of 15 acres :~ $50,000 per acres (3:1 ratio)
agencies and have agreed to the reimbursement of such costs from funds which may become
available pursuant to this agreement;
WHEREAS, the parties have determined to engage Od,oen Environmental and
Ener~v Services. Trans-Paci~c ConsultantsCTPC"),
Diettic. t. McDaniet Engineering. et al. ("Consultants"), to provide the engineering and
administrative services required to obtain the right-of-way and the governmental permits;
WHEREAS, TPC h~ Consultants have prepared agreements for such services
by and between TF'C such cgnsultants and the respective parties hereto, which agreements will
provide for the payment of one-half of the total cost of such services by each party as
estimated in Exhibit '-'A "attached hereto; and'
WHEREAS, the parties agree to cooperate in all efforts to obtain federal and/or
State funds, and to utilize such funds for the payment of costs of the Pala Road Bridge
Improvements or the reimbursement therefor as provided in this agreement.
NOW, THEREFORE, THE COUNTY OF RIVERSIDE AND THE CITY OF
TEMECULA DO HEREBY AGREE AS FOLLOWS:
AGREEMiNI
1. Recitals. The above recitals are true and correct.
Right-of-Way. The County and the City shall collectively pursue and support the
acquisition of the necessary right-of-way in order to complete the construction of the
Pala Road Bridge Improvements and to provide a mitigation bank of replaceme,nt
habitat required by the permitting agencies.
Governmental Permits and Agreements. The County and the City shall collectively
pursue and support the processing of the Pala Road Bridge Improvements in order to
obtain the federal and State permits, including environmental approvals, necessary to
the construction of said public improvements.
Cost-Sharing. The County and the City shall share the cost of obtaining the necessary
right-of-way, the costs involved in securing the necessary governmental permits,
including but not limited to federal Section 404 permits and State Section 1601
agreements in order to encroach on wetlands habitat and waters of the United States,
and providing a mitigation bank of replacement habitat required to complete
construction of the Pala Road Bridge Improvements, all as described and estimated in
Exhibit "A %.ttached hereto.
Scope of Bridge Design and Construction. The parties agree that the Pala Road bridge
will be designed and processed for governmental approvals as a six four lane bridge
1.59PAL-~.. 7 2 08P_1t95:109
capable of bein~ expanded to a six lanes, based on a traffic study approved by the
parties and consistent with the designation of Pala Road as a six lane urban arterial
highway by the City, hu,.,,-~,,-,, tit,.. The bridge will be submitted for environmental
approval, offered for bid and constructed as a four lane structure, leaving the remaining
two lanes to be added by the City at its sole cost as the need dictates. To the extent the
costs covered by this agreement for the design and governmental processing of a four
lane bridge exceed those which would have been incurred as described in the original
design plans, such costs will be borne proportionately by the City and the County;
provided, that if such additional costs are the result of betterments requested by the
City or the County, such costs will be borne entirely by the party requesting such
betterment.
,
Pavment bv Parties. The County will enter into an agreement with T~a.-, Pa,..iflc
Consultants to complete the engineering and processing work necessary to obtaining the
fight-of-way and permits described herein; provided, however, that the City, agrees to
bill Caltrans within thirty (30) days of receipt of a pay request from the County,, which
includes a detailed breakdown of costs incurred or invoices received, and diligently
pursue collection of such billed amount, and to immediately remit to the County its
proportionate share of payments made or incurred for such engineering, processing and
mitigation costs.
City Funding. The City hereby commits to provide funding from bonds posted or
moneys on deposit for Pala Road bridge mitigation in the approximate amount of
$600,000 for the payment of engineering, governmental processing and environmental
approvals and mitigation in the manner described in Section 6 hereof. In addition, the
City commits to provide an additional amount of $776,000 for the construction of the
Pala Road Bridge Improvements, which additional amount shall be subject to
repayment from the pending Caltrans/FHWA grant.
County Payments. Any payments made by the County in connection with the Pala
Road Bridge Improvements shall be made solely from bond proceeds of the Assessment
District.
Governmental Grants: Reimbursement. Any funds received by the City, or the County
from federal, State and/or local grants related to the Pala Road Bridge Improvements
shall be allocated to those paying for the costs of said project on the same basis as was
originally used to prorate the costs of said project; except that all moneys advanced by
the City from its general fund (exclusive of payments from bonds or mitigation
payments held for the Pala Road bridge) shall only be reimbursed to the extent such
grant is in the full amount of eighty percent (80%) of the eligible costs. If the grant
proceeds are less than this percentage, the repayment amount will be reduced to the
percentage of the amount received divided by the full funding amount. All repayments
to the City will be reduced by any amounts for betterments requested by the City. All
costs for the construction of the fifth (Sth) and sixth (6th) lanes (including
environmental approvals and mitigation measures) will be provided by the City, subject
,' 51)P.~.L--\- ' 3 0&~_U95:t09
ITEM 9
CITY OF TEMECULA
AGENDA REPORT
APPROVAL
' CITY ATTORNEY
TO:
City Council/City Manager
FROM: ~__----~//,~f',.Joseph Kicak, Director of Public Works\City Engineer
DATE: September 12, 1995
SUBJECT: Award the Contract for the Solana Way Storm Drain Improvements,
Project PW95-03
PREPARED BY: ~, Don Spagnolo, Principal Engineer - Capital Projects
Scott Harvey, Associate Engineer :
RECOMMENDATION:
That the City Council:
Award a contract for the construction of the Solana Way Storm Drain Improvements,
Project No. PW95-03 to Floyd Johnston Construction Co., Inc. for $180,490.00 and
authorize the Mayor to execute the contract.
e
Authorize the City Manager to approve change orders not to exceed the contingency
amount of 10% of the contract or $18,049.00. :
BACKGROUND:
On July 11, 1995, the City Council approved the construction plans and specifications, and
authorized the Department of Public Works to solicit public construction bids. This project will
provide a continuous subsurface storm drain system by connection the two existing storm
drain systems with a 78" concrete pipe. This project will also include the removal of the
existing inlet and outlet structures, miscellaneous concrete structures, and erosion control.
The engineer's estimate for this project is $225,000. This project was also bid with an
alternative to construct the 730' of 78" and 100' of 54" of concrete pipe at the job site. This
process is know as cast-in-place pipe and is frequently use to construct larger diameter
concrete pipes.
Three (3) bids for the project were publicly opened on August 17, 1995 and the results for the
base bid are as follows:
Base Bid
Alternative Bid Ootion
1. Nottson Construction Inc ............ $199,510.00
None
2. Floyd Johnston Construction Co., Inc... $231,990.00
80,490.00
3. J.R. Pipeline Co., Inc ............... $303,825.00
$304,675.00
pwO4~agdtpt~95\O912~w95-O3.awd 0822
Nottson Construction Inc. only submitted a price for the base bid in the amount of
$199,510.00. Floyd Johnston Construction Co., Inc. will perform the alternative bid item by
constructing the 78" and the 54" concrete storm drain pipes in-place for an amount of
$180,490.00, for a savings of $19,020.00.
Staff reviewed the bid proposal from Floyd Johnston Construction Co., Inc. and found that the
proposal was complete and in order. Floyd Johnston Construction Co., Inc. has not performed
any work for the City, but has performed well in other areas of Riverside and San Bernardino
Counties based on comments from references of previous work.
Staff recommends that the Solana Way Storm Drain Project alternative bid, cast-in-place
concrete pipe, be awarded.
A copy of the bid summary is available for review in the City Engineer's office.
FISCAL IMPACT:
This is a Capital Improvement Project and will be funded by CFD88-12. Funds are available
for the construction contract of $180,490.00 and the contingency of $18,049.00 for a total
of construction cost of $198,539.00,account no. 600-165-999-6119.
Attachment:
Floyd Johnston Construction Co., Inc. Contract
p~)4~agdtpt\95\Og12~pw95=O3.awd 0822
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW95-03
SOLANA WAY STORM DRAIN IMPROVEMENTS
THIS CONTRACT, made and entered into the 12th day of September 12, 1995, by and between
the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Royd Johnston
Cor~izucljon Co,, Inc., hereinafter referred to as "CONTRACTOR."
WITNESSETH:
1.8.
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW95-03
SOLANA WAY STORM DRAIN IMPROVEMENTS, Insurance Forms, this Contract, and all
modifications and amendments thereto, the State of California Department of
Transportation Standard Specifications (1992 Ed.) where specifically referenced in the
Plans and Technical Specifications, and the latest version of the Standard Soecifications
for Public Works Construction, including all supplements as written and promulgated by
the Joint Cooperative Committee of the Southern California Chapter of the American
Associated General Contractors of California (hereinafter, "Standard Specifications") as
amended by the General Specifications, Special Provisions, and Technical Specifications
for PROJECT NO. PW95-03 SOLANA WAY STORM DRAIN IMPROVEMENTS. Copies of
these Standard Specifications are available from the publisher:
Building News, Incorporated
3055 Overland Avenue
Los Angeles, California 90034
(213) 202-7775
The Standard Specifications will control the general provisions, construction materials, and
construction methods for this Contract except as amended by the General, Specifications, Special
Provisions, and Technical Specifications for PROJECT NO. PW95-03 SOLANA WAY STORM
DRAIN IMPROVEMENTS.
In case of conflict between the Standard Specifications and the other Contract Documents, the
other Contract Documents shall take precedence over and be used in lieu of such conflicting
portions.
Where the Contract Document describe portions of the work in general terms, but not in complete
detail, it is understood that the item is to be furnished and installed completed and in place and
that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR
shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved
in executing the Contract.
CONTRACT CA-1 r:\cip\projects~ow95-03\contract
The Contract Documents are complementary, and what is called for by anyone shall be as binding
as if called for by all. Any conflict between this Contract and any other Contract Document shall
be resolved in favor of this Contract.
SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall
provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility
and transportation services required for the following:
PROJECT NO. PW95-03 SOLANA WAY STORM DRAIN IMPROVEMENTS
All of said work to be performed and materials to be furnished shall be in strict accordance with
the Drawings and Specifications and the provisions of the Contract Documents hereinabove
enumerated and adopted by CITY.
e
CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed under the direction and supervision and subject to the approval of CITY
or its authorized representatives.
e
CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept
in full payment for the work above-agreed to be done, the sum of: ONE HUNDRED BGHTY
THOUSAND FOUR HUNDRED AND NINETY DOLLARS and NO CENTS {$1 80,490.00|, the total
amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed forty-five {45| working
days, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence
until bonds and insurance are approved by CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City
Manager is hereby authorized by the City Council to make, by written order, changes or additions
to the work in an amount not to exceed the contingency as established by the City Council.
6. PAYMENTS.
UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public ContraCts Code, within thirty (30) days after
submission of a payment request to the City, the CONTRACTOR shall be paid a sum equal
to ninety percent (90%) of the value of the work completed according to the bid schedule.
Payment request forms shall be submitted on or about the thirtieth (30th) day of each
successive month as the work progresses. The final payment, if unencumbered, or any
part thereof unencumbered, shall be made sixty (60) days after acceptance of final
payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final
Release with the CITY on forms provided by the CITY.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the City Manager, stating that the work for which payment is
demanded has been performed in accordance with the terms of the Contract, and that the
amount stated in the certificate is due under the terms of the Contract. Partial payments
on the Contract price shall not be considered as an acceptance of any part of the work.
C. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant
CONTRACT CA-2 r:~cip\projects\pw95o03\contract
to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is
hereby incorporated by reference.
7. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the
CITY shall retain a portion of the Contract award price, to assure warranty performance and
correction of construction deficiencies according to the following schedule:
CONTRACT AMOUNT
$25,000-$75,000
$75,000-$500,000
Over $500,000
RETENTION PERIOD
180 days
180 days
One Year
RETENTION PERCENTAGE
3%
$2,250 + 2% of amount in
excess of $75,000
$10,750 + 1% of amount
in excess of $500,000
8. LIQUIDATED DAMAGES; EXTENSION OF TIME. In accordance with Government Code Section
53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars
($1,000.00) per day for each calendar day completion is delayed beyond the time allowed
pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due
to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to
or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will
not be assessed liquidated damages for unforeseeable delays beyond the control of and without
the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR
is required to promptly notify CITY of any such delay.
WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above,
CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to
the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance
by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related
to the payment. CONTRACTOR shall be required to execute an affidavit, release and ~ndemni~y
agreement with each claim for payment.
10.
PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the
Director of the Department of Industrial Relations. These rates are on file with the City
Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor
Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY,
as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer,
worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done
under this Contract, by him or by any subcontractor under him, in violation of the provisions of
the Contract.
CONTRACT CA-3 r:%cip\projects~ow95-O3\contract
11.
12.
13.
14.
15.
16.
17.
18.
19.
TIME OF THE ESSENCE. Time is of the essence in this contract.
INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR
alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its
officers, employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's employees included) and i~amage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents,
or representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee,
or any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in his/her employ has been
employed by the CITY within one year of the date of the Notice Inviting Bids.
CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by-this
Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors upon
the Project have been paid in full, and that there are no claims outstanding against the
Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that
any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof
as may be engaged in the performance of this Contract, shall at all reasonable times be
subject to inspection and audit by any authorized representative of the CITY.
INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex, age, or handicap.
CONTRACT CA-4 r:%cip\projects\pw95-O3\contract
20.
GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by
the law of the State of California.
21.
WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents, and
to the CITY addressed as follows:
Joseph Kicak, Director of Public Works/City Engineer
City of Temecula
43174 Business Park Drive
Temecula, CA 92590-3606
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first
above written.
DATED: CONTRACTOR
By:
Print or type NAME
Print Or type TITLE
DATED:
APPROVED AS TO FORM:
CITY OF TEMECULA
By:
Jeffrey E. Stone, Mayor
Peter M. Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
CONTRACT CA-5 r:~cil~\projects~ow95-O3\contract
ITEM 10
CITY ATTOR~'ROV~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
Director of Community Services
DATE:
September 12, 1995
SUBJECT: Design Services Contract - City Maintenance Facility
PREPARED BY'~.~''/Phyllis L. Ruse, Development Services Administrator
RECOMMENDATION: That the Board of Directors award a design services contract of
$53,860 to W. Dean Davidson, Architect for the preparation of the schematic design
drawings, construction documents, and project administration for the City Maintenance
Facility.
BACKGROUND: On July 11, 1995, the City Council approved the acquisition of
an office building site located at 43106 Business Park Drive to be used as the new City Hall
site. The City has entered into escrow with the seller. The escrow is expected to close by
December 1, 1995.
One attractive factor of this site is an undeveloped portion of the property which will
accommodate the construction of a City Maintenance Facility. The Maintenance Facility was
approved for construction as a separate project from the Tenant Improvements to the City Hall
building.
The City solicited proposals from local architects for the design, construction documents and
project management for the Maintenance Facility. Two firms responded to the Request for
Proposals. The proposals were evaluated by a panel of four City staff members and Wo Dean
Davidson was ranked as the highest firm during that process. W. Dean Davidson has
successfully completed other projects for the City.
It is envisioned that the Maintenance Facility will include a 6,000 square foot concrete block
maintenance building, a perimeter concrete block security fence, enclosed parking adequate
for all City vehicles, a canopied work area with wash down area and grease interceptor,
building sprinkler system, fire hydrant, and security lighting and alarm systems. This facility
will provide staff with needed storage for materials, equipment and supplies as well as suitable
work area for small maintenance jobs. The consultant is also responsible for a seismic
analysis to appropriately locate the building and other improvements relative to any
underground fault areas.
FISCAL IMPACT: Cost of this Design Services Contract is $53,860. This project
is budgeted and approved in the City's Capital Improvement Program for FY 1995-96.
Although the current construction budget is $225,000, additional funds may need to be
identified once the conceptual drawings and construction estimates have been completed.
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this day of ,
19__, between the City of Temecula, a municipal corporation, hereinafter referred to as
"City" and W. Dean Davidson, a sole proprietor, hereinafter referred to as "Consultant".
The parties her.to mutually agree as follows:
SERVICES. Consultant shall perform the tasks set forth in Exhibit "A" attached
her.to. Consultant shall complete the tasks according to the schedule set forth in
the "Response to Request for Proposal" submitted by Consultant on August 16,
1995 in response to City's "Request for Proposals' for the "City Maintenance
Facility."
PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best
of his ability, experience and talent, perform all tasks described her.in.
PAYMENT. The City agrees to pay Consultant in accordance with the schedule in
Exhibit "B" attached her.to, based upon actual time spent on the above tasks. This
amount will not exceed $53,860 (Fifty-Three Thousand, Eight Hundred Sixty
Dollars) for the total term of the Agreement unless additional payment is approved
by the City Council.
Consultant will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, for services
provided in the previous month. Payment shall be madb within thirty (30) days of
receipt of each invoice.
SUSPENSION, TERMI NATION OR ABANDONMENT OF AGREEMENT. The City may,
at any time, suspend, terminate or abandon this Agreement, or any portion hereof,
by serving upon the Consultant at least ten (10) days prior written notice. Upon
receipt of said notice, the Consultant shall immediately cease all work under this
Agreement, unless the notice provides otherwise. Within thirty-five (35) days after
receiving an invoice from the Consultant, the City shall pay Consultant for work
done through the date that work is to be ceased pursuant to this section.
If the City suspends, terminates or abandons a portion of this Agreement such
suspension, termination or abandonment shall not make void or invalidate the
remainder of this Agreement.
BREACH OF CONTRACT. In the event that Consultant is in default for cause under
the terms of this Agreement, the City shall have no obligation or duty to continue
compensating Consultant for any work performed after the date of default. Default
shall include not performing the tasks described herein to the reasonable satisfaction
of the City Manager of the City. Failure by the Consultant to make progress in the
performance of work hereunder, if such failure arises out of causes beyond his
control, and without fault or negligence of the Consultant, shall not be considered
a default.
r:%rueep%maintyrd .agr - 1 - 083095
B
e
If the City Manager or his delegate determines that the Consultant defaults in the
performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have ten (10)
days after service upon it of said notice in which to cure the default by rendering
a satisfactory performance. In the event that the Consultant fails to cure its default
within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity
or under this Agreement.
TERM. This Agreement shall commence on the first date stated above and shall
remain and continue in effect until tasks described herein are completed, but in no
event later than December 30, 1996.
Any disputes regarding performance, default or other matters in dispute between
the City and the Consultant arising out of this Agreement or breech thereof, shall
be resolved by arbitration. The arbitrator's decision shall be final.
Consultant shall select an arbitrator from a list provided by the City of three retired
judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration
hearing shall be conducted according to California Code of Civil Procedure Section
1280, et seo. City and Consultant shall share the cost of the arbitration equally.
OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of
termination, suspension or abandonment of this Agreement, all original documents,
designs, drawings and notes prepared in the course of providing the services to be
performed pursuant to this Agreement shall become th~ sole property of the City
and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant.
INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as
to the City a wholly independent contractor. Neither the City nor any of its officers, -'
employees or agents shall have control over the conduct of the Consultant or any
of the Consultant's officers, employees or agents, except as herein set.forth. The
Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of
the City.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except as provided in the Agreement, City shall
not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing
services hereunder.
r:%rusep\rnaintyrd .agr -2- 083095
10.
11.
12.
LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in
any way affect the performance of its service pursuant to this Agreement. The
Consultant shall at all times observe and comply with all such laws and regulations.
The City, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of the Consultant to comply with this section.
NOTICE. Whenever it shall be necessary for either party to serve notice on the
other respecting this Agreement, such notice shall be served by certified mail,
postage prepaid, return receipt requested, addressed to the City Manager of the City
of Temecula, located at 43174 Business Park Drive, Temecula, California 92590,
and the Consultant at 28441 Rancho California Road, Suite G, Temecula, CA 92590
unless and until different addresses may be furnished in writing by either party to
the other. Notice shall be deemed to have been served seventy-two (72) hours
after the same has been deposited in the United States Postal Services. This shall
be valid and sufficient service of notice for all purposes..
ASSIGNMENT. The Consultant shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without the prior written
consent of the City.
Upon termination of this Agreement, Consultant's sole compensation shall be the
value to the City of the services rendered. '
LIABILITY INSURANCE. The Consultant shall maintain insurance acceptable to the
City in full force and effect throughout the term of this contract, against claims for
injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the Consultant, his agents,
representatives, employees or subcontractors. Insurance is to be placed with
insurer with · Bests' rating of no less than A:VII. The costs of such insurance shall
be included in the Contractor's bid. The Consultant shall provide the following
scope and limits of insurance:
A. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
Insurance Services Office Form No. GL-0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office Form No.
GL-0404 covering Broad Form Comprehensive General Liability; or
Insurance Services 'Office Commercial General Liability coverage
("occurrence' Form No. CG-0001 ).
Insurance Services Office Form No. CA-0001 (Ed. 1/78) covering
Automobile Liability, Code I "any auto" and Endorsement CA-0025.
Workers' Compensation insurance as required by Labor Code of the
State of California and Employers' Liability insurance.
4. Errors and Omissions insurance.
r:%rueep%rnaintyrd .8gr -3- 083095
Minimum Limits of Insurance. Contractor shall maintain limits of insurance no
less than:
General Liability: $1,000,000 combined single limit per occurrence for
bodily injury and property damage.
Automobile Liability: $1,000,000combined single limit per accident for
bodily injury and property damage.
B
Workers' Compensation and Employers' Liability: Workers'
Compensation as required by the Labor Code of the State of California
and Employers' Liability limits of $1,000,000 per accident.
4o Errors and Omissions Insurance: $250,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductible in excess of $1,000
must be declared to and approved by the City.
Other Insurance Provisions. Insurance policies required by this contract shall
contain or be endorsed to contain the following provisions:
All Policies. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after
thirty (30) days prior written notice to the City via United States First
Class Mail.
General Liability and Automobile Liability Coveraaes. The City, its
officers, officials, employees and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant, or;
automobiles owned, lease, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or volunteers.
With regard to claims arising from the Consultant's performance of the
work described in this contract, the Consultant'$ insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained
by the City, its officers, officials, employees or volunteers shall apply in
excess of, and not contribute with, the Consultant's insurance.
Any failure to comply with the reporting provisions of the policies shall
not affect coverage provided to the City, its officers officials, employees
or volunteers.
The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
r:%rusep%maintyrd .,,gr -4- 083095
Ca
Worker's Compensation and Emolovers' Liability Covera~ae, The insurer
shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Consultant for the City.
Verification of Coveraae. Co. ntractor shall furnish the City with
certificates of insurance effecting coverage required by this clause. The
certificates for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The
certificates are to be on forms provided by the City and are to be
received and approved by the City before work commences. The :City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall include all subconsultants as insureds under its policies
or shall furnish separate certificates for each subcontractoro All
coverages for subcontractors shall be subject to all of the requirements
stated herein.
Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials and employees; or the Consultant
shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
13.
LICENSES. The Consultant and subconsultant shall obtain ell necessary licenses,
including but not limited to City Business License.
14.
INDEMNIFICATION. The Consultant agrees to defend, indemnify and save harmless
the City, its officers, officials, employees and volunteers from and against any and
all claims, demands, losses, defense cost, or liability of any kind or nature which the .'
City, its officers, agents and employees may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising
out of Consultant's negligent performance under the terms of this Agreement,
excepting only liability arising out of the sole negligence of the City.
15.
ENTIRE AGREEMENT. This Agreement and any documents or instrument attached
hereto or referred to herein integrate all terms and conditions mentioned herein or
incidental hereto supersede all negotiations and prior writing in respect to the
subject matter hereof.
In the event of conflict between the terms, conditions, or provisions of this
Agreement and any such document or instrument, the terms and conditions of this Agreement
shall prevail.
EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and
after the date it is signed by the representatives of the City. This Agreement may be executed
in counterparts.
r:%rdeep%meintyrd .egr -5- 083095
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CONSULTANT
CITY OF TEMECULA
By: By
W. Dean Davidson, Architect
Jeff Stone, Mayor
APPROVED AS TO FORM:
Peter Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
r:~rueep%maintyrd,,,gr -6- 083095
F_Jafibit "A"
P e2
W. DEAN DAVIDSON orchitect
architecture · planning
RESPONSE TO REQOEST FOR PROPOSAL
BY CITY OF TEMECULA
SUBJECT: NEW MAINTENANCE FACILITY FOR CITY OF TEMECULA
Gentlemen;
The following Information ls supplled pursuant to your request ..
8/2/95:
DESCRIPTION OF FIRM
The flrm, W. Dean DavidSon Architect ls organized as a sole
proprietorship wlth myself as principal.
Offlces are located at 28644 Rancho California Road
Suite "G", Tesecula California. (909) 693-0301 and at
7063 Via Martposa Notre Boneall California (this office to
be closed 10/1/95). (619) 732-3240
Currently I am operating without hired employees. As
principal I shall function as project architect, designer,
production draftsman, specifications wrlter and estlmator and
shall be personally responsible for all phases of the project
from conception to completion. Work ls done using AutoCad
computer draftlng systems.
I have been a California licensed architect in'continuous
practice since 1960. From 1961 to 1984 I was Vlce President
in charge of plannlng and architecture for J.L. Peterson Inc.
Planning, Architecture and Engineering, Long Beach California.
The firm was engaged primarily in large industrial commercial
and Institutional work. Simultaneously I had my own firm
doing primarily residential and smaller commercial and
Industrial projects.
In 1975 I opened an office in North San Diego County while
continuing my association with J;L.Peterson Inc. In Long
Beach. This association terminated In 1984. In 1988 the
office was relocated to Temecula. Due to a dramatic decline
In construction activity It was necessary to consolidate
activities at our Bonsall office in 1992. We have recently
re-established ourselves in the Temecula area to service the
reviving Industry.
My flrm has successfully completed a wide range of projects
over many years. We take great pride In completing projects
on time and within established budgets with a minimum of extra
charges. A list of completed projects in included in Appendix
7063 via moriposa norte · I:>onsoll, co. 92003 · (019) 732-324C'
W. DEAN DAVIDSON orchitect
architecture · planning
RELEVANT LOCAL PROJECTS
Office building for M&J Ramsay Inc., Temecula CA
Office and warehouse building for Woodview Development Co.
Temecula CA ~
Office Building, Unit Development Co., Temecula, CA
Office Building, Sycamore Plaza Partners, Tamecula, CA
Maintenance Facility, Office Remodeling and Addition for
Elsinore Valley Municipal Water District, Lake Elsinore CA
(w~rking drawings complete, project canceled)
Temecula Valley Senior Center, Remodeling and. Addition for
City of Temecula
Kent Hlndergardt Memorial Park, Restroom and Snack Bar
Facility, City of Temecula
RELEVANT CURRENT PROJECTS
Kitchen Equipment Installation, Temecula Valley Senior Center,
City of Temecula
Sam Hicks Memorial Park, Restroom and Snack Bar Facility,
City of Tamecula
Margarita Park, Restroom Facility, City of Temecula
Equipment and Building and Restroom Facility, Four Seasons
Campground, Bonsall CA
CONSULTANTS
For this project I anticipate using the following consultants:
Civil .......................... Rogers Engineering
27393 Ynez Road
Temecula CA. 92590
(909) 676-2529
Structural ..................... Graynet Engineering
27393 Ynez Road
Tamecola CA, 92590
(909) 676-2529
Geotechnical ................... Leighton & Associates
41769 Enterprise Cir.N.
Ste. 102
Temecula CA 92590
Electrical/Mechanical .......... Absolute Engineering
P.O. Box 2242
Pine Cove CA 92549
(909) 659-8541
Landscape ...................... Alhambra Group
28441 Rancho California Rd.
Suite G
psge2a~3 Temecula CA 92590
(909) 676-0226
7063 vio m oriposo norte · DOnSOl!. CO. 92003 · (019) 732-32~0
P 94
W. DEAN DAVIDSON circhltect
orchitecture · planning
~'he above consultants are subject to approval by City of
Temecula end final fee negotiation when more detailed
requirements are defined for the project.
SCOPE OF WORK
1. Neet with selected representatives from the City of
Temecula to determine specific use requirements for the
building and the site.
2. Develop a program and outline specifications for the
project based upon this input.
3. Engage consultants to provide required site information:
Topographic survey
geotechnlcal Investigation to establish soil bearing
values, hydrologY and seismic data as required
including earthquake faults.
4. Upon approval of program requirements, prepare a
preliminary or conceptual design based upon information
developed in steps 1-3.
5. Present preliminary design for review by City of Temecula
and make required modifications.
6. Finaltze preliminary design, revise outline specifications
and prepare preliminary cost estimate.
7. Upon approval of preliminary design and acceptance of
budget estimate begin preparation of construction
documents, working drawings and full book specifications.
S. Coordinate with utility providers and consultants.
9. Prepare revised construction cost estimate upon completion
of construction documents.
10. Submit six sets of construction documents for plan check
to obtain building permit including landscape design.
ll. Nake any required corrections and promptly resubmit.
12. Assist City of Temecula if required in preparation of bid
package.
13. Respond to bidders questions during bid period.
14. Assist City of Temecula if required in contractual
agreements with contractor.
15. Participate in preliminary job meeting with selected
contractor and sub-contractors to clarify requirements
and procedures.
16. Neet at the Jobsite weekly or as required during
construction for orderly progress of the work.
17. Respond to telephone and fax communications.
18. Promptly review shop drawings and material submittals for
compliance with drawings and specifications.
19. Provide specifications for post construction maintenance
of facilities and equipment included in the contract.
20. Provide final inspection and Job acceptance.
21. Provide "as built" drawings, 3 sets on matted mylar.
pscje3c~3
7063 via rnoriposo norte · bonioll. co. 92003 * C(>19) 732-32z;C'
P 25
W. DEAN DAVIDSON architect
architecture · planning
MAINTENANCE FACILITY
COMPENSATION SCHEDULE
It is not Possible to give an absolute dollar amount for
providing the listed services until =ore accurate information
is available regarding the facility and its uses. In an
attempt to provide interim cost information I have made the
following general assumptions regarding the Project to help
establish costs on a preliminary basis to assist you in your
planning efforts.
1. Lot size- 56,600 sq.ft.
2. Building size- 6,000 sq.ft., 16' clear height
3. Concrete block masonry construction, panelized roof
system with center supPorts, glu-lam beams~ skylights
Built up roof, metal flashing
4. Conventional foundation and wall construction
5. 400 sq.ft. interior office, unisex bathroom with
shower
6. 3 overhead doors 14'x14'
7. 400amp 3 phase panel, hp sodium interior lighting
8. No process piping, special equipment, ventilation,
plumbing or electrical required
9. Concrete block security fence, 8' height entire
perimeter, 2 entry gates
10.3" asphalt paving entire site over prepared base
11. Metal canopy and concrete wash down area with grease
interceptor
12. Underground utilities and drainage structures to
street
13. General exterior lighting and security
14. Sprinkled building and one fire hydrant
PRELIMINARY COST ESTI~IATE BASED ON ABOVE ASSUHPTIONS
Building .......................... 2202,000
S~te development and utilities ..... 282,000
Contingency e5% ................... 24,000
total .... 2508,000
PRELIMINARY FEE SCHEDULE
Fee for archltect's basic services (excluding engineering)
e 4.5~total construction cost=$22,860
Structural Engineering/building-.= 5,000
Civil Engineering/SurveY ......... = 10,500
Electrical/Mechanical Engineering= 4,000
Landscape ........................ : 1,500
Geetechnical ..................... = 3,900
Fault testing (range) option#l,.-: 3,100 (stockpile removed)
option#2.-.= ~ (site as is)
Total:S50,860 (option
page lee2 253,860 (option #2)
7063 vie marlpOSe norte · bonsol~, co. 92003 * (619) 732-324~
P 62
W. DEAN DAVIDSON
architect
archite'cture " planning
NOTE: THE ABOVE FIGURES FOR pROFESSIONAL SERVICES HAVE
BEEN DEVELOPED FROM INCOMPLETE BASE INFORMATION BUT
ARE INTENDED TO BE CONSERVATIVE. MORE ACCURATE
iNFORMATION COULD REDUCE SOME OF THESE COSTS.
COSTS NOT INCLUDED
1. Special engineering or testing if required.
2. Plan check and permit fees
3. Blueprints and reproduction costs
4. Renderings or models (Architect's sketches included in
fee)
5. All construction costs
INSURANCE
Architect and all consultants carry various amounts of
professional liability insurance- Negotiations with the City
of Temecula shall be required to clarify precise amounts of
each type required for each consultant- Increased cost for
additional coverage may require some
adjustsent to fee structure-
pAYMENT SCHEDULE
Payment shall be on a mutually satisfactory schedule
with monthly payments during the design development,
working drawing and construction phases to approximate the
following: 254 of total fee paid at completion of
design development phase
504 of total fee paid upon completion
of working drawings and specifications
5~ of total fee paid upon completion of
plan check corrections.
204 of fee paid in equal monthly
installments during construction with final
payment due upon completion of contractual
agreement.
7063 via rnoriposo norte *
page 2 of 2
bansoil. co. ~2003
· (619) 732-324C
ITEM 11
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Anthony Elmo, Chief Building Official
September 12, 1995
Approval of Contract Services Agreements
APPROVA
CITY ATTORNEy
RECOMMENDATION: That the City Council approve contract service agreements for
Esgil Corporation, Vandorpe Chou Associates, Ray Grage and Associates and Robert Bein,
William Frost and Associates, to provide plan check services to the Building and Safety
Department.
DISCUSSION: On September 24, 1994, the City Council approved an award of
contract to the Esgil Corporation, Vandorpe Chou Associates, Robert Bein, William Frost and
Associates and Ray Grage and Associates. Staff has found the service provided by each of
these firms to be acceptable in terms of providing responsive and comprehensive plan review
service to the City. The Building and Safety Department desires to continue its contract
agreement with these firms for which the term of the agreement shall be automatically
renewed annually in accordance with Paragraph 6., of the City's contract services agreement -'
for plan review services is modified to represent this provision.
FISCAL IMPACT: The cost of professional plan check services are charged as a
percentage of fees collected. Adequate funds have been appropriated in Account No. 001-
162-999-5248, "Consulting Services," for Fiscal Year '95-'96.
v:~vv1~Bnda.rel~mf'm~..'96
AGREEMENT
FOR CONTRACT SERVICES
THIS AGREEMENT, made and entered into this 191; day of July, 1995,
between the City of Temecula, a municipal corporation, hereinafter referred to as
"City" and Vandorpe Chou Associates. Inc., hereinafter referred to as "Contractor."
The parties hereto mutually agree as follows:
I. SERVICES: Contractor shall perform the tasks set forth in Exhibit A
attached hereto. Contractor shall complete the tasks according to the
schedule set forth in Exhibit A.
2. PERFORMANCE: Contractor shall at all times, faithfully, industrially and
to the best of his ability, experience and talent, perform all tasks
described herein.
3. PAYMENT: The City agrees to pay Contractor as set forth in Exhibit B.
Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice.
SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT:
The City may, at any time, without cause suspend, terminate or abandon
this Agreement, or any portion thereof, by serving upon the Contractor
at least ten (10) days prior written notice of suspension, termination, or
abandonment respectively. Upon receipt of said notice, the Contractor
shall immediately cease all work under this Agreement, unless the notice
provides otherwise. Within thirty-five (35) days after receiving an invoice
from the Contractor, the City shall pay Contractor for work done through
the date that work is to be ceased pursuant to this section.
If the City suspends, terminates or abandons a portion of this Agreement
such suspension, termination or abandonment shall make void or
invalidate the remainder of this Agreement, excepting those provisions
relating to document retention, insurance, or indemnity.
BREACH OF CONTRACT: In the event that Contractor is in default for
cause under the terms of this Agreement, the City shall have no
obligation or duty to continue compensating Contractor for any work
performed after the date of default. Default shall include not performing
the tasks described herein to the reasonable satisfaction of the City
Manager of the City Failure by the Contractor to make progress in the
performance work hereunder, if such failure arises out of causes beyond
his control, and without fault or negligence of the Contractor, shall not
be considered a default.
-2-
If the City Manager or his delegate determines that the Contractor defaults in
the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have ten (1 O) days
after service upon it of said notice in which to cure the default by rendering a
satisfactory performance. In the event that the Contractor fails to cure its default
within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
6. TERM: This Agreement shall commence on July 1, 1995, and continue
in full force and effect for a period of one year subject to earlier
termination as provided in Section 4 hereof. Unless terminated by
Section 4, this Agreement shall be extended automatically for successive
one-year periods on July I of each calendar year.
Any disputes regarding performance, default or other matters in dispute.
between the City and the Contractor arising out of this Agreement or breach thereof,
shall be resolved by arbitration. The arbitrator's decision shall be final.
Contractor shall select an arbitrator from a list provided by the City of three
retired judges of the JAMS/End Dispute. The arbitration hearing shall be conducted
according to California Code of Civil Procedure, Section 1280, et secl. City and
Contractor shall share the cost of the arbitration equally.
-3-
OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in
the event of termination, suspension of abandonment of this Agreement,
all original documents, designs, drawings and notes prepared in the
.course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the City and may be used,
reused or otherwise disposed of by the City without the permission of
the Contractor.
INDEPENDENT CONTRACTOR: The Contractor:is and shall at all times
remain as to the City a wholly independent Contractor. It is expressly
understood and agreed that Contractor shall in no event as a result of
this contract be entitled to any benefits to which City employees are
entitled, including, but not limited to, overtime, any retirement benefits,
worker's compensation benefits, and injury leave or other leave benefits,
and for such purposes shall be deemed an independent Contractor.
LEGAL RESPONSIBILITIES: The Contractor shall keep itself informed of
State and Federal Laws and regulations which, in any manner, affect
those employed by it or in any way affect the performance of its service
pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such laws and regulations. The City, and its officers
and employees, shall not be liable at law or in equity occasioned by
failure of the contractor to comply with this section.
-4-
10. NOTICE: Whenever it shall be necessary for either party to serve notice
on the other respecting this Agreement, such notice shall be served by
certified mail, postage prepaid, return receipt requested, addressed to the
City Manager of the City of Temecula, located at 43174 Business Park
Drive, Temecula, California 92590 and the Contractor Neil Evans.
Vandorpe Chou Associates. Inc.. 295 Rampart Street. Orange. California
92668 unless and until different addresses may be furnished in writing
by either party to the other. Notice shall be deemed to have been served
seventy-two (72) hours after the same has been deposited in the United
States Postal Services. This shall be valid and sufficient service of notice
for all purposes.
11. ASSIGNMENT: the Contractor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without
the prior written consent of the City.
Upon termination of this Agreement, Contractor's sole compensation shall be
the value to the City of the services rendered.
-5-
12.
LIABILITY INSURANCE: The Contractor shall maintain insurance
acceptable to the City in full force and effect throughout the term of this
contract, against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or
subcontractors. Insurance is to be placed with insurer with a Bests'
rating of no less than A:VII. The costs of such insurance shall be
included in the Contractor's bid. The Contractor shall provide the
following scope and limits of insurance:
Minimum Scope of Insurance: Coverage shall be at least as broad as:
1. Insurance Services Office form Number GL 0002 (ed. 1/73)
covering Comprehensive General Liability and Insurance Services
Office form number GL 0404 covering Broad Form Comprehensive
General Liability; or Insurance Services Office Commercial General
Liability coverage ("occurrence" form CG 0001 ).
2. Insurance Services Office form No. CA 0001 (Ed. 1/78) covering
Automobile Liability, code I "any auto" and endorsement CA
0025.
3. Worker's Compensation insurance as required by Labor Code of
the State of California, an Employer's Liability insurance.
4. Errors and Omissions insurance.
-6-
Minimum Limits of Insurance: Contractor shall maintain limits of
insurance no less than:
1. General Liability $1,000,000 combined single limit per occurrence
for bodily injury and property damage.
2. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
3. Workers' Compensation and Employer's Liability: Worker's
Compensation as required by the Labor Code of the State of
and Employers Liability limits of $1,000,000 per
California
accident.
4. Errors and Omissions Insurance: $1,000,000 per occurrence.-'
Deductibles and Self-Insured Retentions: Insurance policies required by
this contract shall contain or be endorsed to contain the following
provisions:
a. All Policies: Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except
after thirty (30) day's prior written notice to the City via United
States First Class Mail.
b. General Liability and Automobile Liability Coverage: The City of
Temecula, its officers, officials, employees and volunteers are to
-7-
be covered as insureds as respects: Liability arising out of
activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned,
occupied or used by the contractor, or automobiles owned, leased,
hired or borrowed by the Contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the
City, its officers, officials, employees or volunteers.
With regard to claims arising from the Contractor's performance
of the work described in this contract, the Contractor's insured
coverage shall be primary insured as respects the City of
Temecula, its officers, officials, employees and volunteers. Any
insurance of self-insurance maintained by the City, its officers,
officials, employees or volunteers shall apply in excess of, and not
contribute with, the Contractor's insurance.
Any failure to comply with the reporting provisions of the policies.
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect the limits of the insurers liability.
Worker's Comoensation and Emoloyer's Liabilitv Coverage: The
insurer shall agree to waive all rights of subrogation against the
-8-
13.
City of Temecula, its officers, officials, employees and volunteers
for losses arising from work performed by the Contractor for the
City.
d. Verification of Coverage: Contractor shall furnish the City with
certificates of insurance effecting coverage required by this
clause. The certificates for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its
behalf. The certificates are to be on forms provided by the City
and are to be received and approved by the City before work
commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.:
Contractor shall include all subcontracts as insureds under its
:
policies or shall furnish separate certificates for each
subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
INDEMNIFICATION: The Contractor shall defend, indemnify and hold
harmless the City and its agents and employees from and against all
claims, damages, losses and expenses, including attorneys' fees, arising
our of or resulting from the Contractor's acts or omissions pursuant to
this contract.
-9-
The City shall indemnify and hold harmless VANDORPE CHOU and its
agents and employees from and against all claims, damages, losses and
expenses, including attorneys' fees, arising out of or resulting from the
· City's acts or omissions pursuant to this contract.
14. FREEDOM FROM LIABILITY: The Contractor and Contractor staff, when
performing duties as representative of the City, shall have the freedom
from liability contained in the applicable section pertaining to the powers
and duties of the building official of the most recent adopted edition of
the California Building Code.
15. FINAL DECISION AUTHORITY: The City's Chief Building Official shall
have final decision authority over the results of the plan check by the
Contractor and all work performed by the Contractor shall be to the
satisfaction of the Chief Building Official.
In instances where the permit applicant takes exception to the
Contractor's interpretation of the regulations contained in Title 24, the
Building Official shall render a final decision utilizing, as deemed
appropriate, the resources of the City Attorney and/or the Board of
Appeals.
16. ENTIRE AGREEMENT: This Agreement and any documents or instrument
attached hereto or referred to herein integrate all terms and conditions
mentioned herein or incidental hereto supersede all negotiations and prior
writing in respect to the subject matter hereof.
-10-
In the event of conflict between the terms, conditions, or provisions of
this Agreement and any such document or instrument, the terms and
conditions of this Agreement shall prevail.
EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from
and after the date it is signed by the representatives of the City. This Agreement may
be executed in counterparts.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CONTRACTOR
By:
Neil Evans
Vandorpe Chou Associates, Inc.
CITY OF TEMECULA
By:
Jeffrey E. Stone
APPROVED AS TO FORM:
Peter Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
-11-
EXHIBIT A
TASKS TO BE PERFORMED
PLAN CHECKING
Provide a complete plan check service to the City of Temecula including analysis for
compliance with the City's adopted uniform codes as follows:
Building code requirement including:
Requirements based upon type of occupancy;
Requirements based upon type of construction;
- Engineering regulations including seismic loads;
- Detailed regulations of construction;
- Fire resistive standards for fire protection;
- Fire and life safety requirements;
Accessibility to the physically handicapped.
National Electrical Code requirements
Uniform Plumbing Code requirements
Title 24 energy conservation compliance
City's amendments to the uniform codes
EXHIBIT B
PAYMENT SCHEDULE
VanDorpe Chou Associates proposes to provide code consulting in accordance with
the following fees:
BUILDING PLAN CHECK
Individual building plans:
52% of the building permit fee as established in Table-3-A
of the 1991 Uniform Administrative Code. This fee
includes plumbing, electrical and 'mechanical plan check
when submitted as a complete package.
Rechecks:
Rechecks are included in the basic'fee.
Partial plan checks:
Partial plan checks are individually negotiated. Generally,
structural plan check only is 40 percent of the basic fee,
energy plan check only is 15 percent of the basic fee.
Other partial plan checks would be similarly charged.
Repetitive plans:
15% of the building permit fee as calculated above for the
first building type.
Revisions:
Revisions to previously checked plans are performed on an
hourly basis at a rate of $50.00 per hour.
Delivery:
Pick-up and delivery costs are included in our fee. Some
jurisdictions send plans to us by United Parcel Service.
ELECTRICAL AND MECHANICAL PLAN CHECK
Plan checks are performed at 75 percent of the electrical and mechanical permit fees
or on an hourly basis at a rate of $50.00 per hour.
ADDITIONAL WORK
Any additional work not included in the basic services listed above will be performed
at an hourly rate of $50.00 per hour.
AGREEMENT
FOR CONTRACT SERVICES
THIS AGREEMENT, made and entered into this 1st day of July , 1995,
between the City of Temecula, a municipal corporation, hereinafter referred to as
"City" and Esgil Corporation, hereinafter referred to as "Contractor."
The parties hereto mutually agree as follows:
I. SERVICES: Contractor shall perform the tasks set forth in Exhibit A
attached hereto. Contractor shall complete the tasks according to the
schedule set forth in Exhibit A.
2. PERFORMANCE: Contractor shall at all times, faithfully, industrially and
to the best of his ability, experience and talent, perform all tasks
described herein.
3. PAYMENT: The City agrees to pay Contractor as set forth in Exhibit B.
Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice.
V:~WP~CONTRAC'P, ESGIL.'95
SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT:
The City may, at any time, without cause suspend, terminate or abandon
this Agreement, or any portion thereof, by serving upon the Contractor
· at least ten (10) days prior written notice of suspension, termination, or
abandonment respectively. Upon receipt of said notice, the Contractor
shall immediately cease all work under this Agreement, unless the notice
provides otherwise. Within thirty-five {35) days after receiving an invoice
from the Contractor, the City shall pay Contractor for work done through
the date that work is to be ceased pursuant to this section.
If the City suspends, terminates or abandons a portion of this Agreement
such suspension, termination or abandonment shall make void or
invalidate the remainder of this Agreement, excepting those provisions
relating to document retention, insurance, or indemnity.
BREACH OF CONTRACT: In the event that Contractor is in default for
cause under the terms of this Agreement, the City shall have no
obligation or duty to continue compensating Contractor for any work
performed after the date of default. Default shall include not performing
the tasks described herein to the reasonable satisfaction of the City
Manager of the City Failure by the Contractor to make progress in the
performance work hereunder, if such failure arises out of causes beyond
his control, and without fault or negligence of the Contractor, shall not
be considered a default.
-2-
V:'tWF~CONTRAC'I'%ESGIL. '95
If the City Manager or his delegate determines that the Contractor defaults in
the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have ten (10) days
after service upon it of said notice in which to cure the default by rendering a
satisfactory performance. In the event that the Contractor fails to cure its default
within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
6. TERM: This Agreement shall commence on July 1.1995, and continue
in full force and effect for a period of one year subject to earlier
termination as provided in Section 4 hereof. Unless terminated by
Section 4, this Agreement shall be extended automatically for successive
one-year periods on July I of each calendar year.
Any disputes regarding performance, default or other matters in dispute
between the City and the Contractor arising out of this Agreement or breach thereof,
shall be resolved by arbitration. The arbitrator's decision shall be final.
Contractor shall select an arbitrator from a list provided by the City of three
retired judges of the JAMS/End Dispute. The arbitration hearing shall be conducted
according to California Code of Civil Procedure, Section 1280, et sea. City and
Contractor shall share the cost of the arbitration equally.
-3-
OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in
the event of termination, suspension of abandonment of this Agreement,
all original documents, designs, drawings and notes prepared in the
course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the City and may be used,
reused or otherwise disposed of by the City without the permission of
the Contractor.
INDEPENDENT CONTRACTOR: The Contractor:is and shall at all times
remain as to the City a wholly independent Contractor. It is expressly
understood and agreed that Contractor shall in no event as a result of
this contract be entitled to any benefits to which City employees are
entitled, including, but not limited to, overtime, any retirement benefits,
worker's compensation benefits, and injury leave or other leave benefits,
and for such purposes shall be deemed an independent Contractor.
LEGAL RESPONSIBILITIES: The Contractor shall keep itself informed of
State and Federal Laws and regulations which, in any manner, affect
those employed by it or in any way affect the performance of its service
pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such laws and regulations. The City, and its officers
and employees, shall not be liable at law or in equity occasioned by
failure of the contractor to comply with this section.
-4-
V:%WI~CONTRACvT~$GIL'85
10. NOTICE: Whenever it shall be necessary for either party to serve notice
on the other respecting this Agreement, such notice shall be served by
· certified mail, postage prepaid, return receipt requested, addressed to the
City Manager of the City of Temecula, located at 43174 Business Park
Drive, Temecula, California 92590 and the Contractor Richard Escjate.
President. ESGIL Corporation. 9320 Chesapeake Drive. #208. San Dieqo.
California 92123 unless and until different addresses may be furnished
in writing by either party to the other. Notice shall be deemed to have
been served seventy-two (72) hours after the same has been deposited
in the United States Postal Services. This shall be valid and sufficient
service of notice for all purposes.
11. ASSIGNMENT: the Contractor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without
the prior written consent of the City.
Upon termination of this Agreement, Contractor's sole compensation shall be
the value to the City of the services rendered.
-5-
V:~WRCONTRACT'~ESGIL'R!i
12.
LIABILITY INSURANCE: The Contractor shall maintain insurance
acceptable to the City in full force and effect throughout the term of this
contract, against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or
subcontractors. Insurance is to be placed with insurer with a Bests'
rating of no less than A:VII. The costs of such insurance shall be
included in the Contractor's bid. The Contractor shall provide the
following scope and limits of insurance:
Minimum Scooe of Insurance: Coverage shall be at least as broad as:
1. Insurance Services Office form Number GL 0002 (ed. 1/73)
covering Comprehensive General Liability and Insurance Services
Office form number GL 0404 covering Broad Form Comprehensive
General Liability; or Insurance Services Office Commercial General
Liability coverage ("occurrence" form CG 0001 ).
2. Insurance Services Office form No. CA 0001 (Ed. 1/78) covering
Automobile Liability, code I "any auto" and endorsement CA
0025.
3. Worker's Compensation insurance as required by Labor Code of
the State of California, an Employer's Liability insurance.
4. Errors and Omissions insurance.
-6-
V:~WRCONTRACT~ESGIL'II5
Minimum Limits of Insurance: Contractor shall maintain limits of
insurance no less than:
1. General Liability $1,000,000 combined single limit per occurrence
for bodily injury and property damage.
2. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
3. Workers' Compensation and Employer's Liability: Worker's
Compensation as required by the Labor Code of the State of
California and Employers Liability limits of $1,000,000 per
accident.
4. Errors and Omissions Insurance: $1,000,000 per occurrence.-
Deductibles and Self-Insured Retentions: Insurance policies required by
this contract shall contain or be endorsed 1~ contain the following
provisions:
a. All Policies: Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except
after thirty (30) day's prior written notice to the City via United
States First Class Mail.
b. General LiabiliW and Automobile LiabiliW Coverage: The City of
Temecula, its officers, officials, employees and volunteers are to
-7-
V:~WRCONTRACT'~$GIL'96
be covered as insureds as respects: Liability arising out of
activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned,
occupied or used by the contractor, or automobiles owned, leased,
hired or borrowed by the Contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the
City, its officers, officials, employees or volunteers.
With regard to claims arising from the Contractor's performance
of the work described in this contract, the Contractor's insured
coverage shall be primary insured as respects the City of
Temecula, its officers, officials, employees and volunteers. Any
insurance of self-insurance maintained by the City, its officers,
officials, employees or volunteers shall al~ply in excess of, and not
contribute with, the Contractor's insurance.
Any failure to comply with the reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect the limits of the insurers liability.
Worker's Comoensation and Emoloyer's Liability Coverage: The
insurer shall agree to waive all rights of subrogation against the
-8-
V:%WRCONTRACT~SGIL'85
13.
City of Temecula, its officers, officials, employees and volunteers
for losses arising from work performed by the Contractor for the
City.
d. Verification of Coverage: Contractor shall furnish the City with
certificates of insurance effecting coverage required by this
clause. The certificates for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its
behalf. The certificates are to be on forms provided by the City
and are to be received and approved by the City before work
commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time.:
Contractor shall include all subcontracts as insureds under its
policies or shall furnish separate certificates for each
subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
INDEMNIFICATION: The Contractor shall defend, indemnify and hold
harmless the City and its agents and 'employees from and against all
claims, damages, losses and expenses, including attorneys' fees, arising
our of or resulting from the Contractor's acts or omissions pursuant to
this contract.
-9-
V:%WF~CONTRACT~ESGIL.'96
The City shall indemnify and hold harmless ESGIL and its agents and
employees from and against all claims, damages, losses and expenses,
including attorneys' fees, arising out of or resulting from the City's acts
or omissions pursuant to this contract.
14. FREEDOM FROM LIABILITY: The Contractor and Contractor staff, when
performing duties as representative of the City, shall have the freedom
from liability contained in the applicable section pertaining to the powers
and duties of the building official, of the most recent adopted edition of
the California Building Code.
15. FINAL DECISION AUTHORITY: The City's Chief Building Official shall
have final decision authority over the results of the plan check by the
Contractor and all work performed by the Contractor shall be to the
satisfaction of the Chief Building Official.
In instances where the permit applicant takes exception to the
Contractor's interpretation of the regulations contained in Title 24, the
Building Official shall render a final decision utilizing, as deemed
appropriate, the resources of the City "Attorney and/or the Board of
Appeals.
16. ENTIRE AGREEMENT: This Agreement and any documents or instrument
attached hereto or referred to herein integrate all terms and conditions
mentioned herein or incidental hereto supersede all negotiations and prior
writing in respect to the subject matter hereof.
-10-
V:%WI~CONTRACT~SGIL'95
In the event of conflict between the terms, conditions, or provisions of
this Agreement and any such document or instrument, the terms and
conditions of this Agreement shall prevail.
EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from
and after the date it is signed by the representatives of the City. This Agreement may
be executed in counterparts.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CONTRACTOR
By:
Richard Esgate, ESGIL Corporation
APPROVED AS TO FORM:
CITY OF TEMECULA
By:
Jeffrey E. Stone, Mayor
Peter Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
-11-
V:~WF~CONTRACT'~ESOIL'96
EXHIBIT A
TASKS TO BE PERFORMED
PLAN CHECKING
Provide a complete plan check service to the City of Temecula including analysis for
compliance with the City's adopted uniform codes as follows:
Building code requirement including:
- Requirements based upon type of occupancy;:
- Requirements based upon type of construction;
- Engineering regulations including seismic loads;
- Detailed regulations of construction;
- Fire resistive standards for fire protection;
Fire and life safety requirements;
Accessibility to the physically handicapped.
National Electrical Code requirements
Uniform Plumbing Code requirements
Title 24 energy conservation compliance
City's amendments to the uniform codes
V:%WP%CONTRACT~ESGIL.'96
EXHIBIT B
PAYMENT SCHEDULE
COMPLETE PLAN CHECK:
Esgil Corporation's fee shall be 52% of the Building Permit Fee calculated per
Table 3-A of the 1991 edition of the Uniform Administrative Code for each
building plan checked. The construction valuation shall be based on the most
recent valuation multiplier published by the International Conference of Building
Officials in Building Standards or on the architects; estimated construction cost,
or on the Building Official's cost estimate, whichever is greater.
Not withstanding the above, the minimum contractor fee for plan checking a
proposed project shall be one hundred dollars ($100.00).
Plan check fee for repetitive identical buildings shall be 52% of the building
permit fee as noted above for the first, or basic building, and 15% of the
building permit fee as noted above for each additional building.
The single fee includes all rechecks and there are no additional charges for
preliminary plan check conferences at our office, expedited processing,
checking plans that are eventually found to be incomplete or for the pick-up and
delivery of plans or for meetings with the Building Official at his/her request.
PARTIAL PLAN CHECK:
Partial plan checks are discouraged due to the need to coordinate all disciplines
in a plan review, however, the fees for partial plan checks are:
2.
3.
4.
5.
6.
7.
8.
Basic minimum for any plan check
Structural only
Fire-Life
U.P.C.
N.E.C.
U.M.C.
Title 24 Energy and Sound Control
Title 24 Disabled Access
50% of 1988 UBC plan check fee
10% additional
10% additional
2% additional
2% additional
2% additional
2% additional
2% additional
Total: 80% of UBC fee
PLAN CHECK OF REVISIONS TO PREVIOUSLY APPROVED PLANS:
Revisions to previously approved plans will be at Esgil Corporation's published
hourly rates shown on the "Labor Rates Schedule."
V:~WP~CONTRACT~ESGIL.'II5
AGREEMENT
FOR CONTRACT SERVICES
THIS AGREEMENT, made and entered into this 1st day of July , 1995,
between the City of Temecula, a municipal corporation, hereinafter referred to as
"City" and Ray Gracje & Associates, hereinafter referred to as "Contractor."
The parties hereto mutually agree as follows:
I. SERVICES: Contractor shall perform the tasks set forth in Exhibit A
attached hereto. Contractor shall complete the tasks according to the
schedule set forth in Exhibit A.
2. PERFORMANCE: Contractor shall at all times, faithfully, industrially and
to the best of his ability, experience and talent, perform all tasks
described herein.
3. PAYMENT: The City agrees to pay Contractor as set forth in Exhibit B.
Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice.
SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT:
The City may, at any time, without cause suspend, terminate or abandon
this Agreement, or any portion thereof, by serving upon the Contractor
at least ten (10) days prior written notice of suspension, termination, or
abandonment respectively. Upon receipt of said notice, the Contractor
shall immediately cease all work under this Agreement, unless the notice
provides otherwise. Within thirty-five (35) days after receiving an invoice
from the Contractor, the City shall pay Contractor for work done through
the date that work is to be ceased pursuant to this section.
If the City suspends, terminates or abandons a portion of this Agreement
such suspension, termination or abandonment shall make void or
invalidate the remainder of this Agreement, excepting those provisions
relating to document retention, insurance, or indemnity.
BREACH OF CONTRACT: In the event that Contractor is in default for
cause under the terms of this Agreement, the City shall have no
obligation or duty to continue compensating Contractor for any work
performed after the date of default. Default shall include not performing
the tasks described herein to the reasonable satisfaction of the City
Manager of the City Failure by the Contractor to make progress in the
performance work hereunder, if such failure arises out of causes beyond
his control, and without fault or negligence of the Contractor, shall not
be considered a default.
-2-
If the City Manager or his delegate determines that the Contractor defaults in
the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have ten (10) days
after service upon it of said notice in which to cure the default by rendering a
satisfactory performance. In the event that the Contractor fails to cure its default
within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
6. TERM: This Agreement shall commence on July 1, 1995, and continue
in full force and effect for a period of one year subject to earlier
termination as provided in Section 4 hereof. Unless terminated by
Section 4, this Agreement shall be extended automatically for successive
one-year periods on July I of each calendar year.
Any disputes regarding performance, default or other matters in dispute.
between the City and the Contractor arising out of this Agreement or breach thereof,
shall be resolved by arbitration. The. arbitrator's decision shall be final.
Contractor shall select an arbitrator from a list provided by the City of three
retired judges of the JAMS/End Dispute. The arbitration hearing shall be conducted
according to California Code of Civil Procedure, Section 1280, et sea. City and
Contractor shall share the cost of the arbitration equally.
-3-
OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in
the event of termination, suspension of abandonment of this Agreement,
all original documents, designs, drawings and notes prepared in the
.course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the City and may be used,
reused or otherwise disposed of by the City without the permission of
the Contractor.
INDEPENDENT CONTRACTOR: The Contractor"is and shall at all times
remain as to the City a wholly independent Contractor. It is expressly
understood and agreed that Contractor shall in no event as a result of
this contract be entitled to any benefits to which City employees are
entitled, including, but not limited to, overtime, any retirement benefits,
worker's compensation benefits, and injury leave or other leave benefits,
and for such purposes shall be deemed an independent Contractor.
LEGAL RESPONSIBILITIES: The Contractor shall keep itself informed of
State and Federal Laws and regulations which, in any manner, affect
those employed by it or in any way affect the performance of its service
pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such laws and regulations. The City, and its officers
and employees, shall not be liable at law or in equity occasioned by
failure of the contractor to comply with this section.
-4-
10. NOTICE: Whenever it shall be necessary for either party to serve notice
on the other respecting this Agreement, such notice shall be served by
certified mail, postage prepaid, return receipt requested, addressed to the
City Manager of the City of Temecula, located at 43174 Business Park
Drive, Temecula, California 92590 and the Contractor Ray Grage.
Principal. Ray Grage & Associates. 350 Railroad Canyon. Lake Elsinore.
California 92530 unless and until different addresses may be furnished
in writing by either party to the other. Notice shall be deemed to have
been served seventy-two (72) hours after the same has been deposited
in the United States Postal Services. This shall be valid and sufficient
service of notice for all purposes.
11. ASSIGNMENT: the Contractor shall not assigr~ the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without
the prior written consent of the City.
Upon termination of this Agreement, Contractor's sole compensation shall be
the value to the City of the services rendered.
-5-
LIABILITY INSURANCE: The Contractor shall maintain insurance
acceptable to the City in full force and effect throughout the term of this
contract, against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or
subcontractors. Insurance is to be placed with insurer with a Bests'
rating of no less than A:VII. The costs of such insurance shall be
included in the Contractor's bid. The Contractor shall provide the
following scope and limits of insurance:
Minimum Scooe of Insurance: Coverage shall be at least as broad as:
1. Insurance Services Office form Number GL 0002 (ed. 1/73)
covering Comprehensive General Liability and Insurance Services
Office form number GL 0404 covering Brdad Form Comprehensive
General Liability; or Insurance Services Office Commercial General
Liability coverage ("occurrence" form CG 0001 ).
2. Insurance Services Office form No. CA 0001 (Ed. 1/78) covering
Automobile Liability, code I "any auto" and endorsement CA
0025.
3. Worker's Compensation insurance as required by Labor Code of
the State of California, an Employer's Liability insurance.
4. Errors and Omissions insurance.
Minimum Limits of Insurance: Contractor shall maintain limits of
insurance no less than:
1. General Liability $1,000,000 combined single limit per occurrence
for bodily injury and property damage.
2. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
3. Workers' Compensation and Employer's Liability: Worker's
Compensation as required by the Labor' Code of the State of
and Employers Liability limits of $1,000,000 per
California
accident.
4. Errors and Omissions Insurance: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions: Insurance policies required by
this contract shall contain or be endorsed to contain the following
provisions:
a. All Policies: Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except
after thirty (30) day's prior written notice to the City via United
States First Class Mail.
b. General Liability and Automobile Liability Coverage: The City of
Temecula, its officers, officials, employees and volunteers are to
-7-
be covered as insureds as respects: Liability arising out of
activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned,
occupied or used by the contractor, or automobiles owned, leased,
hired or borrowed by the Contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the
City, its officers, officials, employees or volunteers.
With regard to claims arising from the Contractor's performance
of the work described in this contract, the Contractor's insured
coverage shall be primary insured as respects the City of
Temecula, 'its officers, officials, employees and volunteers. Any
insurance of self-insurance maintained by the City, its officers,
officials, employees or volunteers shall apply in excess of, and not
contribute with, the Contractor's insurance.
Any failure to comply with the reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect the limits of the insurers liability.
Worker's Compensation and Employer's Liability Coverage: The
insurer shall agree to waive all rights of subrogation against the
-8-
13.
City of Temecula, its officers, officials, employees and volunteers
for losses arising from work performed by the Contractor for the
City.
Verification of Coverage:
certificates of insurance
Contractor shall furnish the City with
effecting coverage required by this
clause. The certificates for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its
behalf. The certificates are to be on forms provided by the City
and are to be received and approved by the City before work
commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time. -'
Contractor shall include all subcontracts as insureds under its
policies or shall furnish separate certificates for each
subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
INDEMNIFICATION: The Contractor shall defend, indemnify and hold
harmless the City and its agents and employees from and against all
claims, damages, losses and expenses, including attorneys' fees, arising
our of or resulting from the Contractor's acts or omissions pursuant to
this contract.
-9-
The City shall indemnify and hold harmless Ray Grage & Associates and
its agents and employees from and against all claims, damages, losses
and expenses, including attorneys' fees, arising out of or resulting from
the City's acts or omissions pursuant to this contract.
14. FREEDOM FROM LIABILITY: The Contractor and Contractor staff, when
performing duties as representative of the City, shall have the freedom
from liability contained in the applicable section pertaining to the powers
and duties of the building official, of the most recent adopted edition of
the California Building Code.
15. FINAL DECISION AUTHORITY: The City's Chief Building Official shall
have final decision authority over the results of the plan check by the
Contractor and all work performed by the Contractor shall be to the
satisfaction of the Chief Building Official.
In instances where the permit applicant takes exception to the
Contractor's interpretation of the regulations contained in Title 24, the
Building Official shall render a final decision utilizing, as deemed
appropriate, the resources of the City Attorney and/or the Board of
Appeals.
16. ENTIRE AGREEMENT: This Agreement and any documents or instrument
attached hereto or referred to herein integrate all terms and conditions
mentioned herein or incidental hereto supersede all negotiations and prior
writing in respect to the subject matter hereof.
-10-
In the event of conflict between the terms, conditions, or provisions of
this Agreement and any such document or instrument, the terms and
conditions of this Agreement shall prevail.
EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from
and after the date it is signed by the representatives of the City. This Agreement may
be executed in counterparts.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written. ~
CONTRACTOR
By:
Ray Grage, Ray Grage & Associates
CITY OF TEMECULA
By:
Jeffrey E.. Stone
APPROVED AS TO FORM:
Peter Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
-11-
EXHIBIT A
TASKS TO BE PERFORMED
PLAN CHECKING
Provide a complete plan check service to the City of Temecula including analysis for
compliance with the City's adopted uniform codes as follows:
Building code requirement including:
- Requirements based upon type of occupancy;
- Requirements based upon type of construction;
- Engineering regulations including seismic loads;
- Detailed regulations of construction;
- Fire resistive standards for fire protection;
- Fire and life safety requirements;
Accessibility to the physically handicapped.
National Electrical Code requirements
Uniform Plumbing Code requirements
Title 24 energy conservation compliance
City's amendments to the uniform codes
EXHIBIT El
Fee Proposal
Our fee for providing Structural Plan Checking Services to the City of Temecula, as
described in our Service Proposal on page 2, will be fifty-two percent (52%) of the
building permit fee as established in Table No. 3-A "Building Permit Fees" in the 1991
Uniform Building Code (Appendix B). The building valuation will be based on the City
of Temecula Building Valuation Data (Appendix C). Repetitive plan check of identical
buildings shall be fifteen (15%) percent of the building permit fee as calculated above.
Building plans that have been revised or changed from the original submittal will be
required to be resubmitted to the City of Temecula. The extent of the revisions, and
the amount of time involved correcting the revisions, will be .discussed and mutually
agreed upon by the building director of the City of Temecula and Ray Grage and
Associates.
At the request of the Building Director of the City of Temecula, Ray Grage and
Associates will be willing to meet with clients to discuss corrections or revisions.
Services other than those shown in Services Proposal, that may be requested by the
City of Temecula, will be billed per attached rate schedule.
Rate Schedule
Principal Engineer ................................ 495.00 Per Hour
Principal Architect ............................... 495.00 Per Hour .'
Engineer ...................................... 465.00 Per Hour
Architect ...................................... 465.00 Per Hour
Plan Checker ................................... 450.00 Per Hour
Building Inspector ................................ 450.00 Per Hour
Clerical ....................................... 427.00 Per Hour
Travel ........................................... 4.27 Per Mile
Outside Consulting Services ........................... Cost Plus 15%
Printing and Copies ................................. Cost Plus 15%
Items not listed are to be negotiated
AGREEMENT
FOR CONTRACT SERVICES
THIS AGREEMENT, made and entered into this I st day of Julv, 1995,
between the City of Temecula, a municipal corporation, hereinafter referred to as
"City" and Robert Bein/William Frost & Associates , hereinafter referred to as
"Contractor."
The parties hereto mutually agree as follows:
I. SERVICES: Contractor shall perform the tasks set forth in Exhibit A
attached hereto. Contractor shall complete the tasks according to the
schedule set forth in Exhibit A.
2. PERFORMANCE: Contractor shall at all times, faithfully, industrially and
to the best of his ability, experience and talent, perform all tasks
described herein.
3. PAYMENT: The City agrees to pay Contractor as set forth in Exhibit B.
Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice.
SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT:
The City may, at any time, without cause suspend, terminate or abandon
this Agreement, or any portion thereof, by serving upon the Contractor
.at least ten (10) days prior written notice of suspension, termination, or
abandonment respectively. Upon receipt of said notice, the Contractor
shall immediately cease all work under this Agreement, unless the notice
provides otherwise. Within thirty-five (35) days after receiving an invoice
from the Contractor, the City shall pay Contractor for work done through
the date that work is to be ceased pursuant to this section.
If the City suspends, terminates or abandons a portion of this Agreement
such suspension, termination or abandonment shall make void or
invalidate the remainder of this Agreement, excepting those provisions
relating to document retention, insurance, or indemnity.
BREACH OF CONTRACT:
cause under the terms
In the event that Contractor is in default for
of this Agreement, the City shall have no
obligation or duty to continue compensating Contractor for any work
performed after the date of default. Default shall include not performing
the tasks described herein to the reasonable satisfaction of the City
Manager of the City Failure by the Contractor to make progress in the
performance work hereunder, if such failure arises out of causes beyond
his control, and without fault or negligence of the Contractor, shall not
be considered a default.
-2-
If the City Manager or his delegate determines that the Contractor defaults in
the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have ten (10) days
after service upon it of said notice in which to cure the default by rendering a
satisfactory performance. In the event that the Contractor fails to cure its default
within such period of time, the City shall have the right, notwithstanding any other
provision of this Agreement, to terminate this Agreement without further notice and
without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
6. TERM: This Agreement shall commence on July 1.1995, and continue
in full force and effect for a period of one year subject to earlier
termination as provided in Section 4 hereof. Unless terminated by
Section 4, this Agreement shall be extended automatically for successive
one-year periods on July I of each calendar year.
Any disputes regarding performance, default or other matters in dispute
between the City and the Contractor arising out of this Agreement or breach thereof,
shall be resolved by arbitration. The arbitrator's decision shall be final.
Contractor shall select an arbitrator from a list provided by the City of three
retired judges of the JAMS/End Dispute. The arbitration hearing shall be conducted
according to California Code of Civil Procedure, Section 1280, et seq. City and
Contractor shall share the cost of the arbitration equally.
-3-
OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in
the event of termination, suspension of abandonment of this Agreement,
all original documents, designs, drawings and notes prepared in the
course of providing the services to be performed pursuant to this
Agreement shall become the sole property of the City and may be used,
reused or otherwise disposed of by the City without the permission of
the Contractor.
INDEPENDENT CONTRACTOR: The Contractor:is and shall at all times
remain as to the City a wholly independent Contractor. It is expressly
understood and agreed that Contractor shall in no event as a result of
this contract be entitled to any benefits to which City employees are
entitled, including, but not limited to, overtime, any retirement benefits,
worker's compensation benefits, and injury lea~e or other leave benefits,
and for such purposes shall be deemed an independent Contractor.
LEGAL RESPONSIBILITIES: The Contractor shall keep itself informed of
State and Federal Laws and regulations which, in any manner, affect
those employed by it or in any way affect the performance of its service
pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such laws and regulations. The City, and its officers
and employees, shall not be liable at law or in equity occasioned by
failure of the contractor to comply with this section.
-4-
10. NOTICE: Whenever it shall be necessary for either party to serve notice
on the other respecting this Agreement, such notice shall be served by
certified mail, postage prepaid, return receipt requested, addressed to the
City Manager of the City of Temecula, located at 43174 Business Park
Drive, Temecula, California 92590 and the Contractor Bill Green. Robert
Bein/William Frost 28765 Single Oak Dr.. Temecula. California 92590
unless and until different addresses may be furnished in writing by either
party to the other. Notice shall be deemed to have been served seventy-
two (72) hours after the same has been deposited in the United States
Postal Services. This shall be valid and sufficient service of notice for all
purposes.
11. ASSIGNMENT: the Contractor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without
the prior written consent of the City.
Upon termination of this Agreement, Contractor's sole compensation shall be
'the value to the City of the services rendered.
-5-
12.
LIABILITY INSURANCE: The Contractor shall maintain insurance
acceptable to the City in full force and effect throughout the term of this
contract, against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the work
hereunder by the Contractor, his agents, representatives, employees or
subcontractors. Insurance is to be placed with insurer with a Bests'
rating of no less than A:VII. The costs of such insurance shall be
included in the Contractor's bid. The Contractor shall provide the
following scope and limits of insurance:
Minimum Scooe of Insurance: Coverage shall be at least as broad as:
1. Insurance Services Office form Number GL 0002 (ed. 1/73)
covering Comprehensive General Liability and Insurance Services
Office form number GL 0404 covering Broad Form Comprehensive
General Liability; or Insurance Services Office Commercial General
Liability coverage ("occurrence" form CG 0001 ).
2. Insurance Services Office form No. CA 0001 (Ed. 1/78) covering
Automobile Liability, code I "any auto" and endorsement CA
0025.
3. Worker's Compensation insurance as required by Labor Code of
the State of California, an Employer's Liability insurance.
4. Errors and Omissions insurance.
-6-
Minimum Limits of Insurance: Contractor shall maintain limits of
insurance no less than:
1. General Liability $1,000,000 combined single limit per occurrence
for bodily injury and property damage.
2. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
3. Workers' Compensation and Employer's Liability: Worker's
Compensation as required by the Labor-' Code of the State of
and Employers Liability limits of $1,000,000 per
California
accident.
4. Errors and Omissions Insurance: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions: Insurance policies required by
this contract shall contain or be endorsed to contain the following
provisions:
a. All Policies: Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except
after thirty (30) day's prior written notice to the City via United
States First Class Mail.
b. General Liability and Automobile Liability Coverage: The City of
Temecula, its officers, officials, employees and volunteers are to
-7-
be covered as insureds as respects: Liability arising out of
activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned,
occupied or used by the contractor, or automobiles owned, leased,
hired or borrowed by the Contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the
City, its officers, officials, employees or volunteers.
With regard to claims arising from the Contractor's performance
of the work described in this contract, the Contractor's insured
coverage shall be primary insured as respects the City of
Temecula, its officers, officials, employees and volunteers. Any
insurance of self-insurance maintained by the City, its officers,
officials, employees or volunteers shall apply in excess of, and not
contribute with, the Contractor's insurance.
Any failure to comply with the reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with
respect the limits of the insurers liability.
Worker's Compensation and Employer's Liability Coverage: The
insurer shall agree to waive all rights of subrogation against the
-8-
13.
City of Temecula, its officers, officials, employees and volunteers
for losses arising from work performed by the Contractor for the
City.
Verification of Coverage:
certificates of insurance
Contractor shall furnish the City with
effecting coverage required by this
clause. The certificates for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its
behalf. The certificates are to be on forms provided by the City
and are to be received and approved by the City before work
commences. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time. -'
Contractor shall include all subcontracts as insureds under its
policies or shall furnish separate certificates for each
subcontractor. All coverages for subcontractors shall be subject
to all of the requirements stated herein.
INDEMNIFICATION: The Contractor shall defend, indemnify and hold
harmless the City and its agents and employees from and against all
claims, damages, losses and expenses, including attorneys' fees, arising
our of or resulting from the Contractor's acts or omissions pursuant to
this contract.
-9-
The City shall indemnify and hold harmless Robert Bein/William Frost &
Associates and its agents and employees from and against all claims,
damages, losses and expenses, including attorneys' fees, arising out of
or resulting from the City's acts or omissions pursuant to this contract.
14. FREEDOM FROM LIABILITY: The Contractor and Contractor staff, when
performing duties as representative of the City, shall have the freedom
from liability contained in the applicable section pertaining to the powers
and duties of the building official, of the most recent adopted edition of
the California Building Code.
15. FINAL DECISION AUTHORITY: The City's Chief Building Official shall
have final decision authority over the results of the plan check by the
Contractor and all work performed by the Contractor shall be to the
satisfaction of the Chief Building Official.
In instances where the permit applicant takes exception to the
Contractor's interpretation of the regulations contained in Title 24, the
Building Official shall render a final decision utilizing, as deemed
appropriate, the resources of the City Attorney and/or the Board of
Appeals.
16. ENTIRE AGREEMENT: This Agreement and any documents or instrument
attached hereto or referred to herein integrate all terms and conditions
mentioned herein or incidental hereto supersede all negotiations and prior
writing in respect to the subject matter hereof.
-10-
In the event of conflict between the terms, conditions, or provisions of
this Agreement and any such document or instrument, the terms and
conditions of this Agreement shall prevail.
EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from
and after the date it is signed by the representatives of the City. This Agreement may
be executed in counterparts.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written. "
CONTRACTOR
By:
Bill Green, Robert Bein/William Frost
CITY OF TEMECULA
By:
Jeffrey E. Stone, Mayor
APPROVED AS TO FORM:
Peter Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
-11-
EXHIBIT A
TASKS TO BE PERFORMED
PLAN CHECKING
Provide a complete plan check service to the City of Temecula including analysis for
compliance with the City's adopted uniform codes as follows:
Building code requirement including:
Requirements based upon type of occupancy;
Requirements based upon type of construction;'
Engineering regulations including seismic loads;
Detailed regulations of construction;
Fire resistive standards for fire protection;
Fire and life safety requirements;
Accessibility to the physically handicapped.
National Electrical Code requirements
Uniform Plumbing Code requirements
Title 24 energy conservation compliance
City's amendments to the uniform codes
FXHIBIT B
FEE PROPOSAL
FOR
STRUCTURAL PLAN CHECKING SERVICES
CITY OF TEMECULA
BUILDING AND SAFETY
J.N. 400670
Robert Bein, William Frost & Associates is prepared to undertake the activities outlined
in the "Scope of Services" according to the following proposed method of
compensation or as otherwise negotiated with the Chief Building Official and/or City
Manager.
For the performance of services as outlines, RBF proposes to base the professional
fees for the Building and Safety Plan Checking services on fifty-two percent (52%)
of the Building Permit Fee as established in Table No. 3-A "Building Permit Fees" in the
1991 Uniform Administrative Code. Repetitive plan check of identical buildings shall
be fifteen (15%) percent of the building permit fee as calculated above. This will
assure the City that no costs will be incurred for the operation of contract Building
Official services.
For the performance of other Consultant Services described in the proposal, RBF
proposes to bill based on the attached Hourly Rate Schedule.
This proposal is for the exclusive benefit of the City of Temecula and represents a
proposal for Scope of Services at the mutually agreed upon compensation.
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
EXHIBIT B
ROBERT BEIN, WILLIAM FROST & ASSOCIATES
HOURLY RATE SCHEDULE
JULY 1, 1994 - JUNE 30, 1996
CITY OF TEMECULA
Classification
Fee Rate
Building
Chief Building Official
Structural Engineer
Plan Checker Engineer
Plan Examiner
Senior Inspector
Building Technician
Building Inspector
Permit Specialist
9110
998
985
963
975
950
960
94-5
Landscaoe Architecture
Senior Landscape Architect
Assistant Landscape Architect
968
952
Computer Services
Computer Aided Design and Drafting(CADD)
Computer Data Entry
Computer Time
960
938
915
Other
Word Processing 935
Consultation in connection with litigation and court appearances will be quoted
separately.
Blueprinting reproduction and other direct expenses will be charged at cost.
The above schedule is for straight time. Overtime will charged at 1.25 times the
standard hourly rates. Sundays and holidays will charged at 1.50 times the standard
hourly rates or as negotiated.
The foregoing wage rates are effective through June 30, 1996. The rates may be
adjusted after that date to compensate for labor adjustments and other increases in
other costs.
ITEM 12
APPROVAL
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
Genie Roberts, Director of Finance
September 12, 1995
Out-of-State Travel Plans
RECOMMENDATION:
That the City Council authorize certain out-of-state travel plans.
DISCUSSION: The City's current travel policy requires council authorization for all out-
of-state travel. The following staff have requested out-of-state travel as outlined below:
Ronald Bradley
City Manager
Tim McDermott
Asst. Finance Director
Denver International City/County Sept 1995 $2,000
Mgmt Assoc. (ICMA) 81 st
Annual Conference
Wisconsin Government Finance July 1996 $1,400
Officers Association (GFOA)
Advance Institute
R. Bradley- ICMA Annual Conference offers opportunity for professional development through
educational programs, information sharing, and professional networking.
T. McDermott - The Government Finance Officers Association (GFOA) Institute provides
training of invaluable knowledge relating to government financial strategies and insights.
Although the training is scheduled for July 1996, the application and payment will be required
for this training in FY 1995/96.
FISCAL IMPACT:
year budget.
The funds for the above travel have been incorporated into the current
ITEM 13
ORDINANCE NO. 9512
AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF
TEMECULA, CALwORNIA, APPROVING AN AMENDMENT AND
RESTA~ OF DEV!~LO~ AGI~~ NO. ~ BETW~
THE CITY OF TEMECUIA AND VAN D,~I~-I-E 79 VENTURE, LTD. FOR
FINAL TRACT MAPS NO. 22716-FINAL, 227162, 227164 AND
TENTATIVE PARCEL MAP 28122 WITH IN SPECIFIC PLAN NO. 199.
WHEREAS, Section 65864 et sea_. of the Government Code of the State of California
and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and
mainUtining requirements applicable to the development of real property; and,
WHEKEAS, in accordance with the procedure specified in said Resolution, Van Daele
79 Venture, Ltd., a California Ijmited Parmenhip, hereinaf~ "Van Daele" has filed with the
City of Temecula an application for a Development Agreement which reflects an amendment and
restatement of existing County Development Agreement No. 5 (hereinafter *this Agreement,),
of a residential housing subdivision on its property for Planning Area 14 including at Tract
22716, Lots 1-11; Tract 22716-2, Lots 1-13, 17-31; Tract 22716-4, Lots 1-40; Parcel Map
28122, Lots 1, 2, 3 provided such Parcel Map is approved, hereinaft~ the *Subject Property"
which application has been reviewed and accepted for filing by the Planning Director; and,
Wn~RF~AS, notice of the City's intention to consider adoption of this Agreement with
Van Daele, has been duly given in the form and manner required by law, and the Planning
Commission and City Council of said City have each conducted public hearings on August 7,
1995 (Planning Commission), and August 22, 1995 (City Council) at which time it heard and
considered all evidence relevant and material to said subject.
THE CITY COUNCIL OF TH'E CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. FINDINGS. The City Council hereby finds and determines, with respect
to this Agreement by and between the City of Temecula and Van Daele, that it:
A. Is consistent with the objectives, policies, general land uses, and programs
specified in the City of Temecula's General Plan in that this Agreement makes reasonable
provision for the use of certain real property for residential development consistent with the
General Plan's land use designation of low-medium density residential;
Ords\95-12 I
B. Is compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the Subject Property referred to herein is located as this Agreement
provides for residential development pursuant to a Specific Plan;
C. Is in conformity with the public convenience, general welfare, and good land use
practice because it mAkeS reasonable pwvision for a balance of land uses compatible with the
remainder of the City;
D. WiLl not be detrimental to the health, safety, or general welfare because it
provides adequate assurances for the pwtection thereof;
E. Notice of the public hearing before the Planning Commission was published in
a newspaper of general circulation at least ten (10) days before the Planning Commission public
hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project
applicant and to each agency expected to provide water, sewer, schools, police protection, and
fire protection, and to all property owners within six hundred feet (600') of the property as
shown on the htest eq~mliTed assessment roll;
F. Notice of the public hearing before the Planning Commission included the date,
time, and place of the public hearing, the identity of the hearing body, a general explanation of
the matter to be considered, a general description in text or diagram of the location of the real
property that is the subject of the hearing, and of the need to exhaust administrative remedies;
G. Notice of the public hearing before the City Council was published in a newspaper
of general circulation at least ten (10) days prior to the City Council public hearing, mailed at
least ten (10) days prior to the hearing to the project applicant, to each agency expected to
provide water, sewer, schools, police pwtection, and fire pwtection, and to all property owners
within six hundred feet (600') of the property as shown on the htest equalized assessment roll;
H. Notice of the City Council hearing included the date, the time, and phce of the .'
public hearing, the identity of the hearing body, the general explanation of the matter W be
considered, a general description in text or by diagram of the location of the Property that is the
subject of the hearing, and the notice of the need to exhaust administrative remedies;
I. City Council approved this Agreement by Ordinance based upon evidence and
findings of the Planning Commission and new evidence presented at its hearing on this
Agreement, giving its reasons therefor and setting their relationship between this Agreement and
the General Plan;
K. The benefits that will accrue to the people of the City of Temecula from this
legislation and this Agreement are as follows:
1. Generation of municipal revenue;
Orals\95-12 2
2. Construction of public infrastructure facilities;
3. Acceleration of both the timely development of subject property as well
as the payment of municipal revenue;
4. Enhancement of quality of life for surrounding residents with the timfly
development through the elimination of dust and nuisance of partially improved lots;
5. Payment of Public Facility Fees (fire, library, traffic signal mitigation,
development and RSA); and,
6. Help ensure solvency of Assessment District 159 and Community Facilities
District 88-3 as Van Daele has elected to use legislation to help offset burden to pay off each
of these districts for subject property in their entirety and these districts finance City and
regional improvements. :
Seaion 2. APPROVAL. This Agreement, attached hereto and incorporated herein
by this reference as Attachment "1" is hereby approved. The Mayor is authorized and directed
to evidence such approval by executing this Agreement for, and in the name of, the City of
Temectda; and the City Clerk is directed to attest thereto; provided, however, that this
Agreement shall not be executed by the City until this Ordinance ~]c~-s effect and the City has
received from the applicant two executed originals of said Agreement.
Section 3. SEVERABILITY. The City Council hereby declares that the provisions
of this Ordinance are severable and ff for any reason a court of competent jurisdiction shah hold
any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect
the validity of the remaining pans of this Ordinance.
Section 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be posted as required by law.
Section S. This Ordinance shall be in full force and effect thirty (30) days after its
passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall
publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall
be posted in the office of the City Clerk at least five days prior to the adoption of this
Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a
summary of this Ordinance, together with the names of the Councilmembers voting for and
against the Ordinance, and post the same in the office of the City Clerk.
0~95-12 3
Section 6.
1995.
PASSED, APPROVED AND ADOFrED this 12th day of September,
Jeffrey E. Stone, Mayor
ATTEST:
J~ne S. Greek, CMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 95-12 was duly introduced and phced upon its first reading at a regular
meeting of the City Council on the 22nd day of August, 1995, and that thereafter, said-'
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day
of September 1995, by the following vote, to wit:
CO~CILMEMBERS:
NOES:
CO~C~MEMBERS:
CO~CILMEMBERS:
June S. Greek, City Clerk
Ords\95-12 4
TEMECULA COMMUNITY
SERVICES DISTRICT
ITh~M 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
HELD AUGUST 8, 1995
A regular meeting of the Temecula Community Services District was called to order at 9:29
PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California.
President Ron Roberts presiding.
ROLL CALL
PRESENT: 5 DIRECTORS: Birdsall, Lindemans, Parks, Stone, Roberrs
ABSENT: 0 DIRECTORS: None
Also present were General Manager Ronald E. Bradley, General Counsel Peter Thorson and
City Clerk June S. Greek.
PUBLIC COMMENTS
None given.
CONSENT CALENDAR '
It was moved by Director Birdsall, seconded by Director Parks to approve the Consent
Calendar as follows.
1. Minutes
1.1 Approve the minutes of July 25, 1995
2. Amendments to TCSD Landscaoe Maintenance Contracts
2.1 Approve contract amendment of ~20,293with Excel Landscape,
Inc., to provide landscape maintenance services for five (5)
additional slope maintenance areas.
The motion was unanimously carried.
GENERAL MANAGERS REPORT
None given.
DIRECTOR OF COMMUNITY SERVICES REPORT
None given.
BOARD OF DIRECTORS REPORTS
None given.
Minutes.csd\080895 12
ADJOURNMENT
It was moved by Director Stone, seconded by Director Parks to adjourn at 9:30 PM to a
meeting on August 22, 1995, time certain following the City Council Consent Calendar,
Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion
was unanimously carried.
Minutes.csd\080895
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
HELD AUGUST 22, 1995
A regular meeting of the Temecula Community Services District was called to order at
7:30 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula,
California. President Ron Roberrs presiding.
ROLL CALL
PRESENT:
ABSENT:
5 DIRECTORS: Birdsall, Lindemans, Parks, Stone, Roberrs
0 DIRECTORS: None
Also present were General Manager Ronald E. Bradley, General Counsel Peter Thorson and
City Clerk June S. Greek.
PUBLIC COMMENTS
None given.
CONSENT CALENDAR
Director Stone registered an abstention on Item No. 2.
Director Lindemans questioned the necessity to reject all bids on .this item.
Director Parks suggested removing this item from the Consent Calendar for further discussion.
It was moved by Director Lindemans, seconded by Director Parks to approve Consent Calendar
Items No. 1, 3 and 4. The motion was unanimously carried.
Combining Balance Sheet as of June 30, 1995 and the Statement of Revenues,
Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 1995
1.1
Receive and file the Combining Balance Sheet as of June 30, 1995 and the
Statement of Revenues, Expenditures and Changes in Fund Balance for the
Fiscal Year Ended June 30, 1995;
1.2
Approve an appropriation of $11,237 to Service Level A account #191-180-
999-5319 "Street Lighting";
1.3
Approve an appropriation of $35,471 to Service Level B account #192-180-
999-5319 "street Lighting".
Minutes.csd\8~22~95 -1 - 08/30/95
Cit~ Council Minutes November 29.1994
Amendments to TCSD Landscaoe Maintenance Contracts
3.1 Approve a contract amendment of $46,945. with California Landscape, Inc. to
provide landscape maintenance service~ for three (3) new park facilities.
4. Desion Services Contract - Duck Pond Project
4.1
Award a design services contract of $23,150 to the Alhambra Group for the
preparation of schematic design drawings, construction documents and project
administration for the Duck Pond Project.
Rejection of Bids for Construction of Sam Hick Monument Park Imorovements
City Attorney Thorson explained that the low bidder failed to bid on required
alternatives and to acknowledge receipt of certain addendum items. Secondly, he
stated that the bids substantially exceeded the engineer's estimate.
Director Lindemans suggested that the second lowest bidder be accepted.
Director Parks stated he has a problem with the bids exceeding the engineers estimate.
Director Birdsall listed her biggest concern as delay of project due to litigation. She
also stated she feels this needs to be re-estimated regarding construction cost.
It was moved by Director Birdsall, seconded by Director Lindemans to approve staff
recommendation:
2.1
Reject all bids and authorize staff to readvertise for construction of Sam Hicks
Monument Park Improvements;
2.2 Authorize the City Clerk to return bid bonds to all bidders.
The motion was unanimously carried with Director Stone abstaining.
GENERAL MANAGERS REPORT
None given.
DIRECTOR OF COMMUNITY SERVICES REPORT
Senior Management Analyst Phyllis Ruse reported that the Grand Opening of Pala Park will
take place on Thursday, August 24, 1995 at 9:00 AM.
Minutes .csd%8\22\95 -2- 08/30/95
City Council Minutes November 29, 1994
BOARD OF DIRECTORS REPORTS
None given.
ADJOURNMENT
It was moved by Director Stone, seconded by Director Parks to adjourn at 8:46 PM to a
meeting on September 12, 1995, 8:00 PM, Community Recreation Center, 30875 Rancho
Vista Road, Temecula, California.
Ron Roberrs, President
ATTEST:
June S. Greek, City Clerk/Board Secretary
Minutes.csd\8\22%95 -3- 08/30/95
REDEVELOPMENT AGENCY
ITEM I
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY MEETING
HELD AUGUST 8, 1995
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 9:30
PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California.
Chairperson Ronald J. Parks presiding.
PRESENT: 5
AGENCY MEMBERS:
Birdsall, Lindemans, Roberrs,
Stone, Parks
ABSENT: 0 AGENCY MEMBERS: None
Also present were Executive Director Ronald E. Bradley, General Counsel Peter Thorson and
City Clerk June S. Greek.
PUBLIC COMMENTS
None given.
CONSENT CALENDAR
It was moved by Agency Member Stone, seconded by Agency Member Roberts to approve
Consent Calendar Item 1.
1. Minutes
1.1 Approve the minutes of July 25, 1995.
The motion was unanimously carried.
AGENCY BUSINESS
2. ProDosed Purchase and Resale of Rancho West Apartments
Senior Planner John Meyer presented the staff report regarding the
establishment of 150 affordable housing units. Agency Member Roberts
requested a stipulation in the Agreement concerning the CVHC property is not
performing correctly, the apartment building will be returned to the City of
Temecula". Senior Planner Meyer responded that the Agreement was in
process and that stipulation would be included.
It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall to
approve staff recommendation.
The motion was carried with Agency Member Stone abstaining.
Minutes.rda\080895
Authorize submission of an offer to purchase the Rancho West
Apartments from the Resolution Trust Corporation for · total of
$2,255,000.
2.2
Authorize the subsequent resale of the project to Coachella
Valley Housing coalition (CVHC) for operation as an affordable
housing project in perpetuity.
2.3
Authorize the execution of a regulatory agreement with CVHC
subject to the approval of the Executive Director and City
Attorney.
2.4 Authorize the expenditure of housing set-aside funds in the
amount of e90,3090to fund acquisition expenses for the Rancho
West Apartments.
EXECUTIVE DIRECTOR'S REPORT
Executive Director Bradley advised Council that during the August 22, 1995 meeting they may
be requested to adjourn to August 31, 1995 for a Special Meeting on the Old Town
Entertainment Project.
AGENCY MEMBER'S REPORTS
None given.
ADJOURNMENT
The meeting was adjourned at 9:39 PM. to a meeting on August 22, 1995, time certain
following City Council Consent Calendar, 30875 Rancho Vista Road, Temecula, California.
Minutes.rda\080895
MINUTES OF A REGULAR MEETING
OF THE TEMECULA REDEVELOPMENT AGENCY MEETING
HELD AUGUST 22, 1995
A regular meeting of the City of Temecula Redevelopment Agency was called to order at
8:47 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula,
California. Chairperson Ronald J. Parks presiding.
PRESENT: 5
ABSENT: 0
AGENCY MEMBERS:
Birdsall, Lindemans, Roberrs,
Stone, Parks
AGENCY MEMBERS: None
Also present were Executive Director Ronald E. Bradley, General Counsel Peter Thorson
and City Clerk June S. Greek.
PUBLIC COMMENTS
None given.
CONSENT CALENDAR
It was moved by Agency Member Lindemans, seconded by Agency Member Stone to
approve Consent Calendar Item No. 1. The motion was unanimously carried.
Combinina Balance Sheet as of June 30.1995 and the Statement of Revenues.
Exoenditures and Chanaes in Fund Balance for the Fiscal ear Ended June 30, 1995
1.1
Receive and file the Combining Balance as of June 30, 1995 and the
Statement of Revenues, Expenditures and Changes in Fund Balance for the
Fiscal Year Ended June 30, 1995.
AGENCY BUSINESS
2. Authorization to Extend Aareement for RDA Consultina Services
Executive Director Ronald Bradley presented the staff report.
It was moved by Agency Member Roberts, seconded by Agency Member Stone to
approve staff recommendation as follows:
2.1
Approve an extension of the agreement for consulting services with PMW
Associated and authorize the Chairperson to execute an amendment
extending the agreement, subject to the approval of the Executive Director
and the General Counsel.
The motion was unanimously carried.
Minutes.rda\082295 -1 -
EXECUTIVE DIRECTOR'S REPORT
Executive Director Bradley announced that a joint RDA/City Council Meeting will be held on
August 31, 1995 at 7:00 PM at the Rancho California Water District Offices to discuss the
Owner Participation Agreement between the Redevelopment Agency and T.Z.B.G., inc.
AGENCY MEMBER'S REPORTS
None given.
ADJOURNMENT :
It was moved by Agency Member Lindemans, seconded by Agency Member Stone to
adjourn at 7:51 PM to a Joint RDA/City Council Meeting on August 31, 1995, 7:00 PM,
Rancho California Water District Board Meeting Room, 42135 Winchester Road, Temecula,
California. :
Ronald J. Parks, Chairperson
ATTEST:
June S. Greek, Agency Secretary/City Clerk
Minutes.rda\082295 -2-
ITEM 2
TO:
FROM:
DATE:
SUBJECT:
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
Executive Director/Redevelopment Agency Members
Joseph Kicak, Director of Public Works/City Engineer
Shawn Nelson, Director of Community Services
September 12, 1995
Professional Services Contract - Albert A. Webb Associates
PREPARED BY:
John Pourkazemi, Assistant Engineer
RECOMMENDATION:
That the Redevelopment Agency award a Professional Services Contract of $53,695.00 to
Albert A. Webb Associates (Webb) to provide design services for the Sixth Street Parking
Project.
BACKGROUND:
The Sixth Street Parking Project is included in the current Capital Improvement Program. The
project allocated $375,000 to fund the administration, design and construction ($65,000,
$ 50,000 and $260,000, respectively) associated with the Sixth Street Parking Improvements.
Said amount is assigned for onsite parking improvements only.
The scope of design work has now been modified to include design of a public restroom
facility and design of necessary offsite street and streetscape improvements in compliance
With the Old Town Specific Plan. The project will be coordinated with the construction of the
proposed Transportation Depot. The scope of design work for Webb is described in the
attached proposal. The work includes preparation of standards and specifications necessary
for construction of the Old Town streetscape. Basically, this Sixth Street Parking Project will
be the City's first "Demonstration Block" project.
The cost to design the above described work is therefore higher than the amount initially
budgeted however, there are adequate funds available in the program in total to cover the cost
of design work.
In addition, once design work is completed, the construction cost will probably be more than
the $260,000 initially budgeted. Therefore, once the proposed costs of the improvements
have been identified, the required funds to construct the necessary improvements will be
determined and presented before the agency for allocation of adequate funds.
-1- r:%egdfpt%95%O912%rfp38.agn
FISCAL IMPACT:
The cost of the Professional Services Contract for the design of the Sixth Street Parking
Project is $53,695.00. Sufficient funds are available in Capital Improvement Program Account
No. 280-199-804-5802to fund this contract.
Attachments:
1. Albert A. Webb Associates Agreement
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A TTA CHMENT NO.
Agreement
1
PROFESSIONAL SERVICES
This Agreement was made and entered into this 12th day of September, 1995, by
and between the City of Temecula ("City"), a municipal corporation, and Albert A. Webb
Associates., a California Corporation ("Consultant"). 9
The parties hereto mutually agree as follows:
Services. Consultant shall perform the tasks set forth in Exhibit "A" attached
hereto. Consultant shall complete the tasks according to the schedule set forth in
Exhibit "A".
Performance. Consultam shall at all times, faithfully, industrially and to the best of
his ability, experience and talent, perform all tasks described herein.
Payment. The City agrees to pay Consultant monthly, at the hourly rates set forth
in Exhibit "B" attached hereto, based upon actual time spent on the above tasks.
This amount will not exceed $53,695.00for the total term of the Agreement unless
additional payment is approved by the City Council; provided that the City Manager
may approve additional payment not to exceed ten percent (10%) of the
Agreement; but in no event more than $10,000.
Consultant will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice.
Amendments. This Agreement may be amended so long as such amendment is in
writing and agreed upon by both the City Council and Consultant.
Ownership of Documents. Upon satisfactory completion of or in the event of.
termination, suspension or abandonment of this Agreement, all original documents, '
designs, drawings, and notes prepared in the course of providing the services to be
performed pursuant to this Agreement shall become the sole property of the City
and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant.
Termination. The City may terminate this Agreement without cause so long as
written notice of intent to terminate is given to Consultant at least three (3) days
prior to the termination date. In the event of termination, Consultant shall be paid
for the services performed.
Indemnification. The Consultant agrees to defend, indemnify, protect and save
harmless the City, its officers, officials, employees and volunteers from and against
any and all claims, demands, losses, defense cost, or liability of any kind or nature
which the City, its officers, agents and employees may sustain or incur or which
may be imposed upon them for injury to or death of persons, or damage to property
arising out of Consultant's acts or omissions under the terms of this Agreement,
excepting only liability arising out of the sole negligence of the City.
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m
10.
11.
Status of Consultant, Consultam is an independent contractor in all respects in the
performance of this Agreement and shall not be considered an employee of the City
for any purpose. No employee benefits shall be available to Consultant in
connection with the performance of this Agreement,
Except as provided in the Agreement, City shall not pay salaries, wages, or other
compensation to Consultant for performing services hereunder for City. City shall
not be liable for compensation or indemnification to Consultant for injury or sickness
arising out of performing services hereunder.
Term. This Agreement shall commence on September 12, 1995, and shall remain
and continue in effect until tasks described herein are completed, but in no event
later than June 30, 1996.
Default. In the event that Consultant is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default. Default shall include
not performing the tasks described herein to the reasonable satisfaction of the City
Manager of the City. Failure by the Consultam to make progress in the performance
of work hereunder, if such failure arises out of causes beyond his control, and
without fault or negligence of the Consultant, shall not be considered a default.
Any disputes regarding performance, default or other matters in dispute between
the City and the Consultant arising out of this Agreement or breech thereof, shall
be resolved by arbitration. The arbitrator's decision shall be final.
Consultam shall select an arbitrator from a list provided ~oy the City of three retired
judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration
hearing shall be conducted according to California Code of Civil Procedure Section
1280, et seQ. City and Consultant shall share the cost of the arbitration equally.
Notices. Notices shall be given pursuant to this Agreement by personal service on
the party to be notified, or by written notice upon such party deposited in the'
custody of the United States Postal Service addressed as follows:
City: City of Temecula
Attention: Ronald E. Bradley, City Manager
43174 Business Park Drive
Temecula, CA 92590
Consultant: Albert Ao Webb Associates
Attention: Roger Prend
3788 McGray Street
Riverside, CA 92506
The notices shall be deemed to have been given as of the date of personal service,
or three (3) days after the date of deposit of the same in the custody of the United
States Postal Service.
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12.
13.
14.
15.
Entire AQreement. This Agreement and any documents or instrument attached
hereto or referred to herein integrate all terms and conditions mentioned herein or
incidental hereto supersede all negotiations and prior writing in respect to the
subject matter hereof.
In the event of conflict between the terms, conditions, or provisions of this
Agreement and any such document or instrument, the terms and conditions of this
Agreement shall prevail.
LeQal Resoonsibilities. The Consultam shall keep itself informed of State and
Federal laws and regulations which in any manner affect those employed by it or in
any way affect the performance of its service pursuant to this Agreement. 'The
Consultant shall at all times observe and comply with all such laws and regulations·
The 'City, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of the Consultant to comply with this section.
Assignment. The Consultant shall not assign the performance of this Agreement,
nor any part thereof, nor any monies due hereunder, without the prior written
consent of the City.
Upon termination of this Agreement, Consultant's sole compensation shall be the
value to the City of the services rendered.
Liability Insurance. The Consultant shall maintain insurance acceptable to the City
in full force and effect throughout the term of this contract, against claims for
injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder by the Consultam, his agents,
representatives, employees or subcontractors. Insurance is to be placed with
insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall
be included in the Contractor's bid. The Consultant shall provide the following
scope and limits of insurance:
A. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
Insurance Services Office Form No. GL-0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office Form No.
GL-0404 covering Board Form Comprehensive General Liability; or
Insurance Services office Commercial General Liability coverage
("occurrence" Form No. CG-0001 ).
2. Insurance Services Office Form No. CA-0001 (Ed. 1/78) covering
Automobile Liability, Code I "any auto" and Endorsement CA-0025.
Workers' Compensation insurance as required by Labor Code of the
State of California and Employers' Liability insurance.
4. Errors and Omissions insurance.
Minimum Limits of Insurance. Contractor shall maintain limits of insurance no
less than:
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General Liability: $1,000,000 combined single limit per occurrence for
bodily injury and property damage.
Automobile Liability: $1,000,000combined single limit per accident for
bodily injury and property damage.
Workers' Compensation and Employers' Liability: Workers'
Compensation as required by the Labor Code of the State of California
and Employers' Liability limits of $1,000,000 per accident.
Errors and Omissions Insurance: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductible in excess of $1,000
must be declared to and approved by the City.
Other Insurance Provisions. Insurance policies required by this contract shall
contain or be endorsed to contain the following provisions:
All Policies. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided,
concealed by either party, reduced in coverage or in limits except after
thirty (30) days prior written notice to the City via United States First
Class Mall·
General Liability and Automobile Liability Coveraaes. The City, its
officers, officials, employees and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant, or
automobiles owned, lease, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, officials, employees or volunteers.
With regard to claims arising from the Consultant's performance of the
work described in this contract, the Consultant's insurance coverage
shall be primary insurance as respects the City its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained
by the City, its officers, officials, employees or employees or volunteers
shall apply in excess of, and not contribute with, the Consultant's
insurance.
Any failure to comply with the reporting provisions of the policies shall
not affect coverage provided to the City, its officers officials, employees
or volunteers.
The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
Workers' Compensation and Emolovers' Liability Coverage. The insurer
shall agree to waive all rights of subrogation against the City, its
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officers, officials, employees and volunteers for losses arising from work
performed by the Consultant for the City.
Verification of Coveraee. Contractor shall furnish the City with
certificates of insurance effecting coverage required by this clause. The
certificates for each insurance IDolicy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The
certificates are to be on forms provided by the City and are to be
received and a/piDroved by the City before work commences. The City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultam shall include all subconsultants as insureds under its policies
or shall furnish separate certificates for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements
stated herein.
Any deductibles or self-insured retentions must be declared to and
aiDproved by the City. At the option of the City, either: the insurer shall
reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials and employees; or the Consultant
shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses. ~
16.
Licenses. Consultant and subconsultant shall obtain all necessary licenses,
including but not limited to, City Business Licenses.
The parties hereto have executed this Agreement on the date and year above
written.
CONSULTANT
CITY OF TEMECULA
By:
By
Ronald J. Parks, Chairman
Albert A. Webb Associates
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
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EXHIBIT "A"
TASKS TO BE PERFORMED
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UNDERSTANDING OF PROJECT
As the City of Temecula wishes to finish Sixth Street Parking Area within the constraints of
an aggressive time table, understanding the key elements of this project will be critical. The
challenge of this project will be to compile all the existing documentation and prepare a
"turn-key" construction package within the time frame given by the City. Some of the
critical issues for the successful implementation of project elements are discussed below.
ISSLrE 1:
ISSUE 2:
LANDSCAPING AND LIGHTING--Since the landscape and lighting will
be the focal point of this project, attention to the Old Town Temecula
Specific Plan with regards to plant material and lighting is essential.
HYDRAULICS--Because this site is being developed independent of the
Sixth Street storm drain, allowances will need to be given to interim
drainage of the site and connections to the future storm drain. Since the site
lies within a designated floodplain, special considerations will need to be
made in developing the SWPPP and the Flood Plain Development Permit.
ISSUE 3:
GEOTECHNICAL ISSUES-Since the area lies within a floodplain, the
possibility of unsuitable material exists. Unsuitable material will not effect
the parking lot and street designs, but will effect the future foundation
design of the transportation depot and public restroom facilities.
ISSUE 4:
UTILITIES--Based on a site inspection, several utility purveyors are
present in the project area. Coordination with each of these purveyors will
be critical so that establishing any design constraints can be ascertained and
mitigated within the time frame for the preparation of the construction
documents. Since future buildings will be constructed on the site, utilities
will need to be provided to the restroom facility and stubbed to the
transportation depot.
ISSUE 5:
PARKING LOT RESTROOM--Based on a meeting with City of Temecula
staff, a public restroom and courtyard area shall incorporate the theme of the
transportation depot. Parkway landscaping-and details shall define the
future old town standards.
WEBB
ASSOCIATES
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SCOPE OF WORK AND LABOR-HOURS PROJECTIONS
Albert A. Webb Associates shall perform all work required for the design and preparation
of drawings for the Sixth Street Parking Area as specified by the City. Said work shall
include, but not be limited to, the following:
1.0 ANALYSIS AND PROGRAMMING PHASE
Task 1.1
Task 1.2
Conduct Project Start Up Meeting with the City of Temecula to
introduce consultant team, discuss overall project, and review
project requirements.
Methodology: The purpose of this meeting will be to identify potential
goals and objectives for the project, to brainstorm issues that will be
addressed by the project, to review the project schedule, to formulate the
project review process, and to review existing data needs and requirements.
The role of the Old Town Temecula Specific Plan in regards to site planning
and design issues such as plant materials, lighting and paxking layout will
be reviewed in the context of the Sixth Street Parking Area and future
transportation depot building and public restroom facilities, as well as the
existing and future adjacent development.
The project schedule and the City of Temecula's preliminary construction
budget will be reviewed and a cost model established. Specific dates for
future meetings and presentations will be established.
Update Project Schedule
Methodology: Based on the project schedule as set forth in this proposal
and input gained from the project start up meeting, update and revise the
project production schedule. This schedule will be maintained through out
the life of the project to reflect any changes.
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A SSOCIA TES
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Task 1.3
Perform On-Site Reconnaissance with Design Team and City
Representatives
Task 1.4
Methodology: A site reconnaissance will be performed by the full project
team and appropriate City of Temecul~/'representatives to evaluate and
record existing site conditions and character. Significant site features will
be inventorled, as well as all influential off-site conditions. Full photo
documentation will be performed for utilization durin~g the Design
Development Phase.
Perform Existing Data Review
Methodology: Existing documents including regulations, requirements,
programs and previous planning and budget or funding program studies for
the project area will be reviewed and analyzed. The Old Town Temecula
Specific Plan and any program information for the transportation depot will
be reviewed and evaluated.
Task 1.5 Review Utility System
Methodology: Review existing utility system in the area and the
capabilities of each with relationships to the site for the proposed and future
uses.
Task 1.6 Prepare Site Potentials and Constraints Analysis
Methodology: A site inventory analysis will be prepared which
graphically documents existing on- site and off-site conditions. This will
become the basis for the development of the potentials and constraints
analysis. The potential and constraints analysis will be prepared by
documenting physical, jurisdictional and environmental issues. Technical
considerations such as drainage, access potential, utility easements, adjacent
land uses and physical considerations such as climate, views, noise, and
light will be diagrammed
WEBB
A SSOCIA TES
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Task 1.7 Prepare Analysis of the "Concept Plan"
Task 1.8
Methodology: Based upon the information generated in Tasks 1.1
through 1.6, an analysis of the "Concept Plan" will be prepared which
illustrates pedestrian circulation, plant materials, parking layout, parking lot
lighting, site utilities, street improvement plans, parkway landscape plans,
public restroom facilities, results of hydrology study, any site furnishings,
and overall landscape character in plan view, section and elevation. This
character will relate to the future transportation depot and the historic quality
of Old Town Temecula. The final product will be rendered and suitable for
presentation.
Conduct City of Temecula Staff Meetings
Methodology: Informal meeting with key City of Temecula staff and
team members, as well as public meetings and public hearings, as
appropriate, will be held throughout the duration of this phase. The
purpose of these meetings will be to review issues, concerns, and needs for
the project.
DELIVERABLES:
a,
Photo Documentation of Existing Conditions
Site Potentials and Constraints Analysis
"Concept Plan" Analysis - Plan View
"Concept Plan" Analysis - Cross Sections/Elevations/Sketches as necessary
'2.0 DESIGN DEVELOPMENT & DESIGN REVIEW PROCESSING PHASE
Task 2.1
Preliminary Plans (@ 20' scale)
Methodology: Preliminary plans will include the recommendations for
pedestrian linkages to the future transportation depot, public restroom
facilities, and Old Town Temecula. Paving materials will be identified
including the type of material and type of finish or scoring patterns.
Pedestrian level, parking lot, and pubic restroom lighting including
recommendations on fixture type, location and lamp type to be used will be
WEBB
A SSOCIA TES
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identified. The type and placement of all landscape materials, accent trees,
tree massing and shrub and groundcover placement will be shown as will
any inert materials such as decomposed granite. A site utilities plan, a
preliminary precise grading plan and street improvement plans and parkway
improvement plans will be prepared for conceptual approval by the City.
All work will be in Autocard format.
Task 2.2
Task 2.3
Prepare Outline Details
Methodology: Outline details for all benches, trash receptacles, and
lighting fixtures will be prepared.
Prepare Statements of Probable Construction Cost
Methodology: Detailed discussions will be held with the City of
Temecula to assure that the cost accounting format established during the
Analysis and Programming Phase will remain viable throughout the balance
of the project. Unit cost figures will be developed based upon known
construction costs for public parking lot improvements within the region.
Accounts, by design discipline, will be established and utilized for each
project phase. I.D.L.A.'s Autocadd capability will facilitate the provision
of consistent accurate quantifying of all project elements. Continuous
attention will be given to assure that original budget requirements are'
maintained.
Task 2.4 Prepare Preliminary Geotechnical Investigation
Methodology: The purpose of the geotechnical investigation will be to
develop final design recommendations for the design team. The scope of
work will be defined on the basis of the preliminary review of existing
information. A tentative scope of work has been developed based upon a
cursory review conducted for the purpose of this proposal. Although we' ve
described the anticipated scope in this section, it will be subject to
modifications as indicated by the initial project review. The geotechnical
engineering approach to this project will be based upon our intent to supply
the project designer with sufficient data for developing grading
WEBB
ASSOCIATES
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recommendations and specific recommendations for the design of the Sixth
Street Parking Area.
Task 2.5 Conduct City of Temecula Staff Meetings
Methodology: Informal meetings with key City of Temecula staff and
team members, as well as public meetings and public hearings, as
appropriate, will be held throughout the duration of this phase. The purpose
of these informal meetings, public meetings, and public hearings will be to
review scheduling, profess, issues, concerns and needs of the Sixth Street
Parking Lot project.
DELIVERABLES:
a. Design development plans for all elements of the project.
b. Design development details of major design elements and/or features.
c. Preliminary Statement of Probable Construction Cost for all elements.
d. Preliminary Geotechnical Investigation.
e. Site survey and boundary map.
3.0 CONSTRUCTION DOCUMENTS PHASE
Task 3.1 Prepare Material Specifications
Task 3.2
Methodology: Material specifications will be prepared for all design.
elements approved by the City. These specifications will include type, size,'
color and finish of all paving materials, light fixtures, site furnishing and
signage.
Prepare Construction Documents, Details and Specifications
for all elements approved by the City .
Methodology: Construction documents will be prepared for all project
elements including planting, irrigation systems, site furnishings, pavement,
lighting, electrical engineering, underground utilities, parking lots and
precise grading. Elevation certification will be provided. Retaining wall
calculations will be provided in detail.
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Task
3.3
Project specifications, contract documents, and bid schedule will be
prepared for a complete "turn-key" package incorporating the City of
Temecula's Standard "Boilerplate" specifications. The City's "boilerplate"
will be provided in digital format by the City.
Prepare Final Statement of Probable Construction Cost for all
elements.
Methodology: Detailed discussions will be held with the City to assure
that the cost accounting format established during the Analysis and
Programming Phase will remain viable throughout the balance of the
project. Unit cost figures will be developed based upon known
construction costs for public parking lot improvement projects and public
restroom projects within the region. Accounts, by design discipline, will be
established and utilized for each project phase.
Task 3.4 Participate in City Staff Meetings
Methodology: Informal meetings with key City staff and team members,
as well as public meetings and public hearings, as appropriate, will be held
throughout the duration of this phase. The purpose of these meetings will
be to review issues, concerns and needs of the Sixth Street Parking Lot
project.
DELIVERABLES:
a,
Material Specifications for all approved Design Developments Elements.
Provide one complete copy of final construction specifications.
Final Statement of Probable Construction Costs.
Final Construction Documents for all elements of the project.
As-Built Drawings for all elements of the project after final construction.
WEBB
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4.0 BIDDING PHASE SERVICES
Task 4.1 Review Bid Documents
Methodology: The bid documents will be given a final review for
consistency with the approved plans and specifications and a written
memorandum prepared including recommended modifications if any.
Task 4.2 Attend Pre-Bid Meeting
Methodology: Identified team members will attend the preobid meeting as
scheduled by the City of Temecula.
Task 4.3 Bidding Phase Construction Document Clarification
Methodology: Identified team members will be available to respond both
written and verbal requests for clarification or further information in regards
to the construction documents during the bidding phase.
Task 4.4 Attend Bid Opening
Methodology: Attend the bid opening to observe the proceedings and
support the City of Temecula.
Task 4.5 Assist in Reviewing Bid
Methodology: Assist the City of Temecula in analyzing bids to determine
the lowest responsible bidder.
5.0 CONSTRUCTION PHASE SERVICES
Task 5.1 Attend Pre-Construction Meeting
Methodology: Attend pre-construction meeting to assist the City of
Temecula and answer questions.
WEBB
ASSOCIATES
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6.0 PARKWAY LANDSCAPE AND SIGNAGE
Task 6.1 Design Development
Task 6.2
Methodology: In order to present the Concept and design intent of the
· landscape site amenities that will serve as prototypes for the future
development of Old Town Temecula, it is necessary to develop and refine
the materials, colors, finishes, sizes, and design of these important features.
In the case of items that can be specified from a manufacturer, the
identification of the project, selection, and specification is necessary as is
the method of placement, attachment, or support. Amenities identified for
development are as follows:
Boardwalk
Wood Benches (3 types)
Trash Receptacles
Pedestrian Lighting (wired for sound)
Street Sign
Phone Booth
Drinking Fountain
Public Parking Directional Sign
Newspaper Rack
Garden Walls @ Transit Depot
Tree Wells
It is important that these site amenities be presented in a graphic format that
is suitable for presentation to various agencies that will review them.
including the Old Town Local Design Review Board, Development Review
Committee, Planning Commission, and City Council. A storm board .will
be created using drawings, sketches, photos, and test to fully describe the
various components. Allowances must be made to refine the design and
graphics throughout the entire process. Up to six agency meetings and
presentations are provided for under this scope of work.
Construction Detail Phase
Methodology: Subsequent to the approval of the design development
details, the details are ~nalized in a form that will allow the site amenities to
be constructed or specified from a manufacturer. Methods of attachment or
support including foundations are shown. These details can then be used
WEBB - 64-
ASSOCIATES
throughout Old Town Temecula as standards. They will be produced on
CADD and output on disk.
7.0 PARKING LOT RESTROOM
Task 7.1 Architecture
Methodology: The schematic design of the facility will be provided to
describe not only the layout of the floor plan and adjacent courtyard and the
relation to the parking lot, but also set the look of the building elevation and
appropriate construction materials. The style of the architecture should
relate to the adjacent transportation depot. ..
The construction document portion of the project will provide a complete set
of working documents including specification details. All structural,
mechanical, and electrical engineering are included. The architect will
provide bidding administration specifications.
The Architect will attend a pre-construction meeting.
Task 7.2 Landscape Architecture
In the schematic design phase, the restroom and adjacent courtyard will be.
integrated into the overall landscape concept of the parking lot and the
transportation depot including planting and construction materials. Site
amenities from the above list will be located as necessary.
Additional construction documentation will be provided to include the
restroom facility and surrounding amenities.
WEBB
ASSOCIATES
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EXHIBIT "B"
PAYMENT SCHEDULE
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ALBERT A.
WEBB
ASSOCIATES
ENGINEEPJNG CONSULTANTS
FEE SCHEDULE
CLASSIFICATION
RATES
S/HOUR
Office Engineering
Senior Consultant .................. :-- ......................................................... 95.00
Principal Engineer ....................................................................... : ..... 90,00
Project Manager ................................................................................ 85.00
Project Engineer ................................................................................ 85.00
Assistant Project Manager ....................................................................
Engineer - Designer ............................................................................ 70.00
Designer o Senior ............................................................................... 65.00
Designer ...................................................................................... :--- 60.00
Assessment Engineer - Senior ............................................................... 85.00
Assessment Engineer .......................................................................... 75.00
Assistant Assessment Engineer ............................................................. 50.00
Environmental Planner - Principal .......................................................... 75.00
Environmental Planner - Senior ............................................................. 70.00
Environmental Planner ........................................................................ 60.00
Draftsman o Senior ............................................................................. 50.00
Draftsman ........................................................................................ 45.00
Support Services
Administrative Assistant ..................................................................... 50.00
Word Processor with Equipment ............................................................. 35.00
Clerical ........................................................................................... 23.00
Field Services
Public Works Supervisor ...................................................................... 60.00
Inspector - Senior .............................................................................. 55.00
Inspector ......................................................................................... 50.00
3-Man Survey Party and Equipment .......................................................... 175.00
2-Man Survey Party and Equipment ......................................................... 130.00
1-Man Survey Party and Equipment ......................................................... 74.00
Electronic Distance Measuring Equipment ................................................ 10.00
Survey/Inspector Vehicle ...................................................................... 55 Per Mile
Outside Services
Special Consultants and Purchased Services .............................................. Cost Plus 15%
Miscellaneous
Incidental Expenses ............................................................................ Cost
Postage ........................................................................................... Cost
Prints, Copies, Telephone, Delivery Charges ............................................ Cost
Travel & Subsistence .......................................................................... Cost
35 Per Mite
Mileage ...........................................................................................
25.00
Computer Time ..................................................................................
NOTE: All rates are subject to change based on annual inflation and cost of living adjustments.
*A FINANCE CHARGE of onc and one half percent (1-1~%) pet month (18% per year) will ~ added to any unpaid amount commencing thirty
(30) days from dam of invoice. A mechanic's Lien may be filed for any invoice re~aining unpaid aher ~iny (30) days from date of invoice.
SCH 11 REV. PVT. #2 12/1/91
Misc/94-00/fee schedule
iODOLOAO
IAN DAVIDSO~~ '"'
LANDSCAPE ARCHITEC.
SCHEDULE OF HOURLY BILLING RATES
Effective Through January 1, 1996
Principle Landscape Architect
Cadd Operator
Designer/Dmftsmann
Clerical
$50.O0/hour
$30.O0/hour
$30.O0/hour
$15.00/hour
Member A.S.L.A. · CA Registration ~"2651
6172 Kirk St. · Riverside. CA92506 ° Phone 909.683.1283 · FAX909.683.4352
F-
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COST PROPOSAL
Our cost proposal is provided on a time and material basis in accordance with the
attached Schedule of Fees. Total fees for services detailed in our revised scope of work
shah not exceed $53,695. This cost includes charges for printing, copying, mileage,
telephone, postage, outside services, subsistence, clerical services, computer time,
electronic distance measuring equipment, and for coordination or other incidental
services. It is understood that the City will pay any fees required by other public agencies
for their application processing, project review, plan check, and permit issuance.
INSURANCE
Webb Associates presently maintains both public liability and workers compensation
coverage and is willing and able to meet the City's insurance and indemnification
requirement. Webb also carries professional liability insurance of $1 million. A
certificate naming the City of Temecula as additional insured will be provided at project
commencement.
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ASSOCIATES
ITEM 3
APPROV
CITY A'I'i'ORNEY
FINANCE OFFICE
CITY MANAGER
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO:
FROM:
Redevelopment Agency Board Members
Gary Thornhill, Community Development Director
DATE:
SUBJECT:
September 12, 1995
Appropriation and Authorization to Release Funds for Old Town
Specific Plan Billboard Sign Lease
Prepared By: David W. Hogan, Senior Planner
RECOMMENDATION:
It is requested that the Redevelopment Agency appropriate 915,000 to Redevelopment
Agency Account # 280-199-999-5264,and authorize payment to the Old Town Temecula
Mainstreet Association for the Old Town Specific Plan Billboard Sign Lease.
BACKGROUND:
In February 1994, the City Council adopted the Old Town Specific Plan. One of the
implementation programs of the Plan was the provision for freeway oriented signs to announce
the location of Old Town to travelers along Interstate 15. The Specific Plan expected that the
Agency's role funding these signs would stop after four years. The levels of support in the
Specific Plan to help publicize Old Town are shown below.
Fiscal Year 1993-94
Fiscal Year 1994-95
Fiscal Year 1995-96
Fiscal Year 1996-97
After Fiscal Year 1996-97
,~ 12,000
920,000
915,000
9 7,500
9 0
Approval of this request would support the promotional activities of the Old Town Temecula
Mainstreet Association (OTTMA). The Agency has previously approved requests on October
26, 1993 and October 11, 1994. These requests provided two freeway-oriented signs
through August 1, 1995. The OTTMA is currently requesting 915,000 to provide a single
south-facing sign between August 1, 1995 and August 1, 1996. The sign is located on the
west side of Interstate 15 south of Rancho California Road and faces south.
FISCAL IMPACT:
Approval of this request would transfer 915,000 from the Agency Fund Balance to Account
Number 280-199-999-5264.
Attachments:
1. Proposed Billboard Sign Lease - Page 2
R:\REDEV\SIGN02.RDA 8/24/95 dwh
ATTACHMENT NO. 1
R:\REDEV\SIGNO2.RDA 8/24/95 dwh 2
ORDER FOR PA/NTF:D BULLETIN DL~PLAY
242 west uain -,feet, xuit~ 101 · t~tin, ca 926i0 · ~14) t3g-9026 · fax ('/14) 730-5461
adams advertising, inc.
CU~'T. NO.
277B
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A2eucy NOne Dm May 10, 1995
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PalnfinEs Annually One (1) Expira~n Dais August 1, 1996
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Add~ 30291 Via Brisa TcTq~No.: (909) 699-3550
G~Sb2~p: Temecula, ~ 92592 Fu No.: (~ ~8-~1~
ITEM 4
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Temecula Redevelopment Agency
Gary Thornhill, Community Development Director~''
September 12, 1995
Design of a Western Style Logo for Old Town
PREPARED BY:
Craig D. Ruiz, Assistant Planner
RECOMMENDATION:
It is requested that the Redevelopment Agency do the following:
(1)
Provide Staff Direction on a Process to Select a Design of a Western Style Logo
for Old Town; and
(2) Appoint Two City Councilmembers to the Logo Selection Committee; and
(3)
Authorize and Appropriate $1,500 from the Redev~lopment Fund Balance for
the Western Style Logo for Old Town
BACKGROUND:
The Old Town Specific Plan (OTSP) states that the City should adopt a logo for Old Town.
The logo is intended to help create an easily recognized and distinctive town image. The logo
will be used on various streetscape elements, such as the gateway sign, street. signs, and
intersection paving, as well as merchandising and advertising.
As outlined in the OTSP, staff is recommending that a Request for Proposal (RFP) be issued
to graphic design firms to prepare the logo. However, when this item was presented to the
Temecula Redevelopment Advisory Board, it was the Board's recommendation that a design
competition be held for the logo design. The Board believes that this process would better
involve the public. Staff believes that the RFP process will provide the selection committee
with the maximum number of design alternatives. To address the Board's concerns, staff
recommends in addition to the RFP, advertising the process in the local newspaper to solicit
citizen participation as well as design firms. Therefore, staff is seeking direction as to which
process to pursue.
Staff is also recommending that the Agency establish a Logo Selection Committee comprised
of two City Councilmembers and one person each from the Old Town Temecula Mainstreet
Association, Old Town Local Review, Temecula Town Association, Temecula Valley Museum,
and City Staff. The role of the selection committee will vary depending on the selection
process. With the RFP process, the committee will select the design firm and the logo itself.
R:\RX.FI2~"~'~~OGO.CC 8/31/9~ cdr 1
With the design contest, committee involvement will be limited to selecting a logo.
FISCAL IMPACT:
No money has been appropriated for the logo design, To spend funds on this project in this
fiscal year, it is necessary to appropriate $1,500 from the RDA Fund Balance. Also, a new
line item will need to be established in the Redevelopment Agency's budget.
R:\RUIZC~STAFFRPT~LOGO.CC $/31/95 cdr 2
ITEM 5
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Redevelopment Agency ,__.~rl~
Gary Thornhill, Community Development Director
September 12, 1995
Planning and Building Fee Reimbursement
PREPARED BY:
Craig D. Ruiz, Assistant Planner
RECOMMENDATION:
It is requested that the Redevelopment Agency do the following:
(1)
Appropriate $30,000 from the Redevelopment Fund Balance for Planning and
Building Fee Reimbursement for Structures on the Old Town Local Historic
Register and Participants in the Facade Improvement Rebate and Non-
Conforming Sign Removal Programs.
BACKGROUND:
The Old Town Specific Plan (OTSP) was approved in February 1994. Protecting the cultural
heritage and historical architectural resources found in Old Town is part of the overall goal for
the re-vitalization of Old Town. To achieve this goal, the OTSP provides incentives to building
owners to maintain, preserve, and improve their properties.
One of the incentives granted eligible property owners is the waiver of building permit and
planning application fees. Eligible properties would include those properties placed on the Old
Town Local Historic Register and structures participating in the Facade Improvement Rebate
and Non-Conforming sign removal programs. The appropration of Redevelopment Agency
funds is necessary to repay the General Fund for the lost application fees.
FISCAL IMPACT:
No money has been appropriated for the reimbursement incentive. To spend funds on these
activities in this fiscal year, it is necessary to appropriate $30,000 from the RDA Fund
Balance. A new line item will need to be established in the Redevelopment Agency's budget.
R:\STAFFRIrF~.F_.I1M~URS.RA 915/95 klb
ITEM 6
APPROVAL
CITY ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
Executive Director/Redevelopment Agency Members
Mary Jane McLarney, Assistant City Manager
September 12, 1995
Approval of City of Temecula Marketing Plan
RECOMMENDATION:
That the City Council:
1 ) Approve the City's Marketing Plan;
2)
Authorize the City Manager and City Attorney to draft and execute a contract
with Zanville Associates for tourism marketing services and,
3)
Appropriate $24,450 from RDA fund balance to Economic Development and ..
$13,500 to RDA salaries.
BACKGROUND:
Based on the discussions of the City Council during the Economic Development workshop
staff was instructed to move forward with a request for proposal for marketing materials and
public relations services. A panel of three Economic Development professionals and City staff
listed below conducted interviews of qualified marketing and public relations firms.
Mary Jane McLarney, Assistant City Manager
Grant Yates, Human Resources Administrator
Janet Rock, Main Street Program Director
Brian Collins, President, IEEP
Dennis Frank, Executive Director, EDC;
Agenda.P, pt~!lapl.Rpt
The panel made a unanimous recommendation of hiring CSP (Zanville Associates).
Subsequent to the recommendation a marketing team was assembled consisting of:
Mary Jane McLarney, Assistant City Manager
Grant Yates, Human Resources Administrator
Janet Rock, Main Street Director
Dennis Frank, Executive Director, EDC
Alice Sullivan, Executive Director, Chamber of Commerce
The marketing team worked with CSP and developed the attached plan, which includes a
business development and tourism component. The goals and objectives of the plan are
included in the document. The plan also indicated the lead team member to accomplish the
task and the associated cost. It is important to note that the plan is a targeted approach to
marketing the City, concentrating on the high technology and bio-medical industries for
economic development.
Based upon the team's input, we determined that Temecula has a unique position in the area
of tourism to use local tourist attractions, such as golf and winery tours, to attract business
executives to Temecula. Using outreach efforts contained in the plan we are seeking to
expand the tourism visit from a day trip to an overnight visit and provide City business
development materials to travelers.
During contract negotiations with CSP, the team decided to change course and is
recommending a hybrid approach to accomplish the objectives of the plan. Zanville has
extensive experience in the field of public relations for tourism and the marketing team is
recommending the approval of a contract in the amount of $28,000for these services for one
year. However, for business development, the team is recommi~nding that the City hire a
project employee to carry out this portion of the plan. The associated salaries and benefits
would be $18,000 per year ($13,500 for the remainder of FY 1996). This position would
coordinate the tasks listed in the program and insure that the efforts of the marketing team
members are properly coordinated to avoid duplication of effort and cost.
FISCAL IMPACT:
The FY 1996 budget includes $50,000 for City marketing. When the budget was prepared,
we did not anticipate the tourism component of the program. Therefore, in order to carry out
the attached plan, it is necessary to appropriate an additional $37,950. We anticipate that
we will be able to obtain sponsorships to partially offset the cost of this program.
ATTACHMENT:
Marketing Plan
Consulting Agreement
Ag~n~a.Rpt~tpl .Rpt
PROFESSIONAL SERVICES AGREEMENT
This Agreement was made and entered into and shall be effective as of this 12th
day of September, 1995, by and between the City of Temecula ("City"), a municipal
corporation, and Zanville Associates {"Consultant").
The parties hereto mutually agree as follows:
Services. Consultant shall perform the tasks set forth in Exhibit "A" attached
her·to. Consultant shall complete the tasks according to the schedule set forth in
Exhibit "A".
e
Performance. Consultant shall at all times, faithfully, industrially and to the best of
his ability, experience and talent, perform all tasks described her·in.
Term. The Agreement shall commence on September 12, 1995, and shall remain
and continue in effect until tasks described her·in are completed, but in no event
later than June 30, 1996 unless sooner terminated pursuant to this agreement·
Payment. The City agrees to pay Consultant monthly, at the hourly rates set forth
in Exhibit "B" attached her·to, based upon actual time spent on the above tasks.
This amount will not exceed $ 28,000 for the total term of the Agreement unless
additional payment is approved by the City Council; provided that the City Manager
may approve additional payment not to exceed ten percent (10%) of the
Agreement; but in no event more than $10,000.00.
Consultant will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, for services
provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice.
Ownership of Documents. Upon satisfactory completion of or in the event of
termination, suspension or abandonment of this Agreement, all original documents,
designs, drawings, and notes prepared in the course of providing the services to be
performed pursuant to this Agreement shall become the sole property of the City
and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant.
Termination. The City may terminate this Agreement without cause so long as
written notice of intent to terminate is given to Consultant at least three (3) days
prior to the termination date. In the event of termination, Consultant shall be paid
for the services performed.
- 1 - pw01 ~,agrnts%master~,05 012292
Indemnification. The Consultant agrees to defend, protect, indemnify and save
harmless the City, its officers, officials, employees and volunteers from and against
any and all claims, demands, losses, defense cost, or liability of any kind or nature
which the City, its officers, agents and employees may sustain or incur or which
may be imposed upon them for injury to or death of persons, or damage to property
arising out of Consultant's acts or omissions under the terms of this Agreement,
excepting only liability arising out of the sole negligence of the City.
Liability Insurance. The Consultant shall maintain insurance acceptable to the City
in full force an effect throughout the term of this contract, against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, his agents, representatives,
employees or subcontractors. Insurance is to be placed with insurer with a Bests'
rating of no less than A:VII. The costs of such insurance shall be included in the
Contractor's bid. The Consultant shall provide the following scope and limits of
insurance:
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
Insurance Services Office Form No. GL-0002 (Ed. 1/73) covering
Comprehensive General Liability and Insurance Services Office Form No.
GL-0404 covering Broad From Comprehensive General Liability; or
Insurance Services Office Commercial General Liability coverage
("occurrence" Form No. CG-0001 ).
Insurance Services Office Form No. CA-0001 (Ed. 1/78) covering
Automobile Liability, Code I "any auto" and Endorsement CA-0025.
Workers' Compensation Insurance as required by Labor Code of the
State of California and Employer's Liability Insurance.
4. Errors and Omissions Insurance.
Minimum Limits of Insurance. Contractor shall maintain limits of insurance no
less than: :
General Liability: $1,000,000combined single limit per occurrence for
bodily injury and property damage.
Automobile Liability: $1,000,000combined single limit per accident for
bodily injury and property damage.
e
Worker's Compensation and Employers' Liability: Workers'
Compensation as required by the Labor Code of the State of California
and Employers' Liability limits of $1,000,000 per accident.
4. Errors and Omissions Insurance: $1,000,000 per occurrence.
-2- pwO1%egmte~Tmster%05 012292
Deductibles and Self-Insured Rententions. Any deductible in excess of $1,000
must be declared to and approved by the City.
Other Insurance Provisions. Insurance policies required by this contract shall
contain or be endorsed to contain the following provisions:
as
All Policies. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after
thirty (30) days prior written notice to the City via United States First
Class Mail.
General Liability and Automobile Liability coveraQe. The City, its
officers, officials, employees and volunteers are to be covered as
insureds as respects: liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant, or
automobiles owned, lease, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection
afforded to the City, its officer, officials, employees or volunteers.
With regard to claims arising from the Consultant's performance of the
work described in this contract, the Consultant's insurance coverage
shall be primary insurance as respects the City, its officer, officials,
employees and volunteers. Any insurance or self-insurance maintained
by the City, its officers, officials, employees or volunteers shall apply in
excess of, and not contribute with, the Consultant's insurance.
Any failure to comply with the reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials, employees
or volunteers.
The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
Worker's Comoensation and Emolover's Liability Coveraae. The insurer
shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Consultant for the City.
Verification of Coverage. Contractor shall furnish the City with
certificates of insurance effecting coverage required by this clause. The
certificates for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The
certificates are to be on forms provided by the City and are to be
received and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
-3- pwOl~agrnts~nester%05 012292
10.
11.
12.
13.
Consultant shall include all subconsultants as insureds under its plies or
shall furnish separate certificates for each subcontractor. All coverage
for subcontractors shall be subject to all of the requirements stated
herein.
Any deductibles or self-insured 'retentions must be declared to and
approved by the City. At the option of the City, either; the insurer shall
reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officer, officials and employees; or the Consultant
shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Status of Consultant. Consultant is an independent contractor in all respects in the
performance of this Agreement and shall not be considered an employee of the City
for any purpose. No employee benefits shall be available to Consultam in
connection with the performance of this Agreement.
Except as provided in the Agreement, City shall not pay salaries, wages, or other
compensation to Consultant for performing services hereunder for City. City shall
not be liable for compensation or indemnification to Consultam for injury or sickness
arising out of performing services hereunder.
Term. This Agreement shall commence on ,19 , and shall
remain and continue in effect until tasks described herein are completed, but in no
event later than ,19 .
Subcontracts. The Consultam shall not enter into any subcontracts for services to
be rendered toward the completion of the Consultant's portion of this Agreement
without the consent of the City. At all times, Zanville and Associates shall be
primarily responsible for the performance of the tasks described herein. Consultant
shall provide City with fourteen (14) days' notice prior to the departure of
from Consultant's employ. Upon such notice, the City shall
have the option to immediately terminate this Agreement. Upon termination of this
Agreement, Consultant's sole compensation shall be for the value of service
rendered to the City.
Termination. The City may terminate this Agreement without cause so long as
written notice of intent to terminate is given to Consultam at least three (3) days
prior to the termination date. In the event of termination, Consultant shall be paid
for the services performed.
Default. In the event that Consultant is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default. Default shall include
not performing the tasks described herein to the reasonable satisfaction of the City
Manager of the City. Failure by the Consultam to make progress in the performance
of work hereunder, if such failure arises out of causes beyond his control, and
without fault or negligence of the Consultam, shall not be considered a default.
-4- pwOl~gmteVnaste~05 012292
14.
15.
16.
17.
18.
Disoute Resolution. Any disputes regarding performance, default or other matters
in dispute between the City and the Consultant arising out of this Agreement or
breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be
final. Consultant shall select an arbitrator from a list provided by the City of three
retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration
hearing shall be conducted according to California Code of Civil Procedure Section
1280, etse~. City and Consultant shall share the cost of the arbitration equally.
Notices. Notices shall be given pursuant to this Agreement by personal service on
the party to be notified, or by written notice upon such party deposited in the
custody of the United States Postal Service addressed as follows:
a. City:
Attention: City Manager
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
b. Consultant:
Zanville & Associates
12240 Ventura Boulevard, Suite 104
Studio City, CA 91604
The notices shall be deemed to have been given as of the date of personal service,
or three (3) calendar days after the date of deposit of the same in the custody of the
United States Postal Service.
Entire AQreement. This Agreement and any documents or instrument attached
hereto or referred to herein integrate all terms and conditions mentioned herein or -
incidental hereto supersede all negotiations and prior writing in respect to the
subject matter hereof. In the event of conflict between the terms, conditions, or
provisions of this Agreement and any such document or instrument, the terms and
conditions of this Agreement shall prevail.
Workers Comoensation Insurance, Consultant shall secure workers' compensation
insurance. Upon request of Consultant, the City shall add Consultant to the City's
workers' compensation policy and the Consultant to the City's workers'
compensation policy and the Consultant shall reimburse the City for the cost of said
insurance premiums.
Licenses. Consultant and subconsultant shall obtain all necessary licenses,
including but not limited to, City Business Licenses.
-5- pwO1%agmte~qaster%05 012292
In witness whereof the, parties hereto have executed this Agreement on the date
and year above written.
CONSULTANT
TEMECULA REDEVELOPMENT AGENCY
By: By
Print Name and Title
Ronald J. Parks, Chairperson
APPROVED AS TO FORM:
Peter Thorson, City Attorney
ATTEST:
June S. Greek, Secretary
-6- pw01 ~egmts~naster~05 012292
EXHIBIT "A"
TASKS TO BE PERFORMED
EXHIBIT "A" pwo 1%egmte~rnaeter%05 012292
EXHIBIT "B"
PAYMENT SCHEDULE
EXHIBIT 'B" pw01\agrnts%rnaster%05 012292
CITY OF TEMECULA
MARKETING PLAN
1995-96
1989
The City of Temecula
p:Xaeerk~irkt~rm.mjm
43174 Business Park Drive, Temecula, CA 92590
TABLE OF CONTENTS
Situational Analysis
Target Audiences
Goals and Objectives
Economic Development Marketing Campaign
Outreach Materials
Selected Industry Outreach
Regional Business Outreach
Real Estate Outreach
Selected Advertising
Community Relations
Economic Conference Support
Marketing Counsel and Meetings
Tourism Marketing Campaign
Outreach Materials
Media Materials
Travel Industry Outreach
Marketing Workshops
Integrated Marketing Tactics
Sponsored Items
Budget Slimmary
5
6
6
7
8
9
9
10
11
11
14
14
15
15
1
2
4
5
11
16
SITUATIONAL ANALYSIS
The City of Temecula has quietly emerged as one of the fastest growing regions in
Southern California.
With its low land cost, available and well-educated work force, ideal weather, access to
major highways, affordable housing and scenic location, Temecula offers business owners and
tourists alike what they are looking for in a business location or tourist destination.
Temecula is not alone, however. Most cities in Southern California are aggressively
seeking to attract new businesses to their regions, and some are fortunate enough to be able to
position themselves as tourist destinations.
Few cities, however, are able to combine the economic development benefits and
tourism features offered by Temecula. And even fewer have government and business leaders
with the foresight and courage to commit the time, energy and finances needed to effectively
compete for new businesses and visitors.
Temecula finds itself with a unique opportunity to leap ahead of other cities in Southern
California and bring carefully targeted visitors and businesses to the area. This can be primarily
attributed to the government and business leaders who possess the foresight and courage to
commit the time, energy and finances needed to compete with the stiff competition from
communities having successful development programs already in place. No region of the
country has greater competition for tourist dollars than Southern California. Therefore, it is
imperative that Temecula seize the window of opportunity now available for moving forward
with a targeted, cost-effective campaign to attract select businesses and visitors to the city.
This proposed program suggests a synergistic marketing approach to economic and
tourism development.
TARGET AUDIENCES
Economic Development
A.
· Specific Clean Industries
Semiconductor
Bio-Medical
Warehouse/Distribution
Real Estate Industry
Business relocation consultants specialists -.
California commercial brokers
Lenders and f'mancial community
Business Owners and Decision Makers
Throughout California and the West
Emphasis on Southern California (Orange County, Los Angeles County)
Business Executives and Decision-Makers Who Visit Temecula
Overnight visitors
Golf course patrons
Temecula Residents and Businesses
2
(Target Audiences continued)
Tourism
A. Adults (ages 25-55)
Middle to upper income
Singles and couples
Within driving distance
B. Vacationers (Couples and Families)
Vacationers planning a trip to Southern California '-
Vacationers already in San Diego or Orange County
C. Select Affinity Groups
Tour groups
Motor coach tours
Convention groups (spouse activities)
D. Young Adults (ages 18-25)
Active recreation seekers
Potential patrons of Temecuh dining and entertainment establishments
E. Active Mature Adults (ages 55 +)
Middle to upper income
San Diego and Orange County
Couples and groups
GOALS AND OBJECTIVES
Increase the Number of Businesses Locatinl, in Temecula
A.
B.
C.
Position the City as an ideal location for businesses
Position Temecula as "business friendly"
Communicate the many business success stories in Temecula, a City poised for
even greater success
Increase the Number of Tourists Visitint, Temecula
A. Increase number of weekday overnight visitors
B. Increase number of weekend and weekday non-overnight visitors
C. Increase number of weekend overnight visitors
D. Create awareness and trial of Temecula among target audiences
E. Develop response program to consumer inquiries about Temecula
Provide Umbrella Communication Services to the City of Temecula
A. Coordinate communication efforts of various Temecula entities (i.e. EDC,
Chamber, Vintner's Association, OTTMA, etc.), to communicate a single,:
consistent message
Develop synergy between the various groups
Ensure that all communication programs present a single, unified message
Provide general communication advice and counsel to the City of Temecula as
required
ECONOMIC DEVELOPMY~NT MARKETING CAMPAIGN
I. Outreach Materials
There is a need for consistent, cost-effective outreach materials that can be used for a
number of different City concerns. These concerns include Business Outreach (EDC and
Chamber), Tourism Outreach (OTTMA and Chamber), and Media Outreach.
A. All-Encompassing Logo and Slogan
Find local designer to handle all design functions
Bring together working committee to establish design requirements
Assist designer with creative ideas
Expenses: $1',500
Lead Organization(s): Fx}C/City
B. Materials Folder/Kit
2.
3.
4.
5.
Work with committee on design requirements
Assist designer with creative ideas
Write folder/kit copy
Find Inland Empire lowest bid printer
Print initial quantity of 2,000
Expenses: $4,000
Lead Organization(s): EDC, City and Sponsorships
C. City of Temeeula Fact Book
Determine materials to be enclo.~:!
Write additional copy not furnished
Print Fact Book covers; copy/print interior pages (2,000)
Expenses: $2,000
Lead Organization(s): EDC/City
D. City of Temecula Business Brochure
Write brochure copy
Assist designer with creative ideas
Expenses: $1,000
Lead Organization(s): EDC/City
5
Selected Industry Outreach
City and EDC staff have agreed on the following industries to target: Semiconductors,
Bio--Medical, and Warehouse-Distribution. These successful "clean" industries have an
established presence within the City and have the greatest potential to grow.
A. Review EDC Research on Individual Temecula Companies
1. Create "case-study" database
Expenses: '0-
Lead Organization(s): EDC and Chamber
B. Research Specific Industry Communication Tactics
1. Investigate/join Associations
2. Compile industry trade media list
Expenses: '0-
Lead Organization(s): EDC/City
C. Develop and Implement Tactics for Each Industry
1. Media outreach, association outreach and trade show presence
Expenses: '0-
Lead Organization(s): El)C/City
Re~,ional Business Media Outreach
Through opportunities created by Tourism and successful FJ3C efforts, there will be
opportunities to bring the story of Temecula to business owners through the general
business press.
A. Press Materials
1. Write background release, fact sheet, EDC release
2. Determine "City approved" media materials
Expenses: '0-
Lead Organization(s): Contract out with EDC, Chamber and OTTMA input
6
(Business Media Outreach continued)
B. Establish Working News Bureau
Respond to media inquiries and requests for information
React to editorial placement opportunities such as Special Supplements in
regional Business Journals
Establish and maintain database of influential business media
Announce EDC business news in regional press
Announce area research and data to media via Temecula Fast Fax
Publicize individual company success stories to general media in region
(four per year)
Expenses: -O-
Lead Organization(s): Contract out with EDC, Chamber and OTTMA input
IV. Real Estate Outreach
A key audience for the City's business development efforts are commercial brokers,
business relocation consultants and builders. These key publics assist business decision-
makers with relocation needs and should have a strong and favorable opinion of the City
of Temecula.
A. Outreach to Commercial Brokers, Builders and Lenders
Establish media database
Develop real estate specific press materials and communicate to audiences
through media (two mailings)
Work through Larry Kosmont, rl:]::.p and other entities to gather data
and promote the City
Develop list of influential brokers for EDC database
Expenses: $1,000
Lead Organization(s): EDC/City
B. Outreach to Business Relocation Consultants
2.
3.
4.
Obtain list from mF.p and add to EDC database
Establish protocol for City visits by specialists
Write editorial for trade magazines (two mailings)
Consider selected advertising
Expenses: --O-
Lead Organization(s): EDC/City
7
(Real Estate
C.
Outreach continued)
Real Estate Audience Newsletter
Receive news and information about new sites, land availability and costs
in and around Temecula
Work with local designer to create 2 - 4 page newsletter
Distribute to real estate database quarterly
Expenses: $2,000
Lead Organization(s): EDC/City
Selected Advertising,
This campaign will not pursue a wide demographic advertising effort.
approach will earn the most cost-effective results.
A "rifle shot"
A. Develop Print Ads
Work with designer to develop one general black and white advertisement
Work with designer to draft up to two (2) industry-specific ads
Expenses: $2,500
Lead Organization(s): Contract out with EDC, Chamber and OTrMA input
B. Identify Advertising Venues and Buy Media
Place ads in up to four (4) relocation business supplements in San Diego,
Orange and Los Angeles County Business Journals
Place in up to three (3) ads in one (1) specific industry trade magazine
Place in up to three (3) ads .in one relocation magazine
Expenses: $20,000
Lead Organization(s): Contract out with EDC, Chamber and OTTMA input
Community Relations
In order to stay "business friendly", the economic development programs of the City as
well as this marketing campaign, must be communicated clearly and positively to the
businesses and citizens of Temeeula. Their acceptance and buy-in will make both
internal and extemai efforts easier to implement successfully
8
(Community Relations continued)
A. Schedule City Speaking Opportunities
Develop briefing presentation on Importance of Economic Development,
Tourism Outreach and Marketing. Campaign
Schedule presentations to Temecula/Murrieta Group, Chamber of
Commerce, Rotary Club, OTrMA or other important groups
Attend each presentation
Expenses: '0-
Lead Organization(s): Contract out with EDC, Chamber and OTTMA input
Schedule Media Roundtables with Press Enterprise, Rancho News, KRTM-FlVl
and the Californian ~
Expenses: '0-
Lead Organization(s): Contract out with EDC, Chamber and OTTMA input
VII. Economic Conference Support
The 1996 Temecula Valley Economic Conference will be an important opportunity to
reach out directly to businesses which might relocate to Temecula. The seminar will also
provide an opportunity to generate substantial media awareness of our efforts.
A. Support '96 Regional Economic Conference
Write message points for Temecula speaker(s)
Train speaker(s)
Heavily publicize event, with particular focus on Orange and San Diego:
County markets
Coordinate VIP invitations and direct mail effort
Assist organizer with logistics
Expenses: $2,500
Lead Organization(s): Contract out with EDC, Chamber and O77MA input
VIII. Marketiw, Counsel and Meetings (Includes Tourism)
In order to obtain up-to-date information from various economic development entities,
monthly meetings will be scheduled with key tourism and business development
representatives (i.e. EDC, Chamber and 0TElVIA).
(Marketing Counsel and Meetings continued)
A. Attend Monthly Tourism and Economic Development Meetings
Temecula Tourism Task Force
EDC meetings
Activity updates
Expenses: '0-
Lead Organization(s): Contract out with El)C, Chamber and OTTMA input
B. Ongoing Marketing Advice and Counsel
Expenses: -O-
Lead Organization(s): ConWact out with El)C, Chamber and OTrMA input
C. Project Employee
Fees: $13,500
Expenses: '0-
Lead Organization(s): City
10
TOURISM MARKETING CAMPAIGN
Outreach Materials
Material needs to be developed for distribution to media. This includes a press kit and
generic copy for banner advertorials.
A. Press Kit
1. Research and write fact sheet, press releases,
direction maps, trivia quizzes and photo captions
2. Secure and duplicate photos; maps
3. Assemble 500 kits
background features,
Fees: -O-
Expenses: '0-
Lead Organization(s): Chamber with Tourism subcommittee and OTTMA input.
B. Banner Ad Editorial
Write continuing copy for Temecula banner ads.
Fees: $1,000
Expenses: -O-
Lead Organization(s): Contract out
Media Relations
Extensive media relations will be an important outreach to achieve our goals of
generating overnight visits and development attendance for all Temecula events. '-
Mailings and direct contact with regional consumer and travel media are included.
A. Develop and Maintain Media Lists
1. Identify target media
2. Make direct contact
3. Maintain and update lists on an ongoing basis
Fees: $1,000
Expenses: '0-
Lead Organization(s): Contract out
B. Monthly Event Publicity
1. Research and write monthly event release, spotlighting one specific event
2. Research and write monthly calendar of events
11
(Media Relations continued)
3. Distribute and follow-up with appropriate media
Fees: $8,000
Expenses: $1,800
Lead Organization(s): Contract out
C. Respond to Media Inquiries
1. Write and distribute letter to media to tell them of the number to call for
information or materials
2. Follow-up with key media; respond as needed
Fees: $2,000
Expenses: $600
Lead Organization(s): Contract out
D. Travel Media Outreach
1. Develop list of 200 key regional and national travel publications and
writers
2. Distribute press kit with pitch letter
3. Research topics (golf vacations, romantic getaways, etc.)
4. Write three (3) additional pitch letters and material and distribute
Fees: $7,000
Expenses: $1,200
Lead Organization(s): Contract out
E. Tourist Guidebook Outreach - These are guide books tourists use in planning their
itineraries in Southern California.
1. Identify appropriate guide books including those issued by the State of
California, Automobile Clubs and commercial publishers
2. Write and distribute copy about various Temecula features
Fees: $2,000
Expenses: $150
Lead Organization(s): Contract out
F. Tourism Industry Newsletter
1. Research and write four (4) page quarterly newsletter
2. Assist designer with creative ideas
12
(Media Relafions-Tourism Industry Letter continued)
3. Develop industry database; mail quarterly
Fees: $3,000
Expenses: $2,000
Lead Organization(s): Contract out with EDC, Chamber and OTTMA input and
Sponsorships
Long-lead Event Calendar
Research upcoming events
Work with designer to create attractive calendar format
Mail 200 every six (6) months to long-lead consumer and tourism trade
media
Fees: $1,500
Expenses: $500
Lead Organization(s):
Contract out with El)C, Chamber
and OTrMA input
Media Familiarization Tours
Fees: $1,500
Expenses: $200
Lead Organization(s): Contract out with Chamber and OTTMA input
Cable/Public Access
Fees: '0-
Expenses: '0-
Lead Organization(s): Contract out with City assistance
Visitors Guide
1. Tourism Image Piece/Brochure
as
Work with committee on design elements
Assist designer with creative ideas
Write brochure copy
Fees: '0-
Expenses: '0-
Lead Organization(s): Contract out with EDC, Chamber and OTTMA input
13
II. Travel Industry Outreach
A limited outreach will be conducted to the travel industry, primarily focusing on three
industry segments: convention and meeting planners, travel agents and tour and motor
coach operations. Efforts will be made to partner with San Diego and Orange County
entities when possible.
A. .Industry Mailings
Identify lists of specific industry individuals and media
Prepare material and distribute
Follow-up (coordinated with Temecula properties)
Fees: $500
Expenses: $1,000
Lead Organization(s): Contract out with EDC, Chamber and OTTMA input
B. Trade Show Participation
Mentify two (2) tourism trade shows to participate in
Coordinate City involvement and logistics
Fees: -O-
Expenses: $1,000
Lead Organization(s): Chamber and OTIIVIA
Marketint, Workshops
These workshops will consist of two (2) public relations and advertising workshops for
Temecula small businesses and merchants to use in furthering their individual marketing
efforts.
City of Temecula Marketing' Workshops
1. Small Business Development
Coordinate subject matter with Chamber and OTTMA
Develop overheads and handouts for group
Lead interactive workshop
Fees: '0-
Expenses: -O-
Lead Organization(s): EDC, Chamber and OTTMA
14
Inte~ated Marketin~ Tactics
Whenever possible, the opportunity to reach business decision-makers who are visiting
Temecula as tourists will be taken.
A. Produce table tents with economic development message points for Temecula
restaurants
B. Produce economic development information handout to be given to out-of-town
patrons at area golf courses
C. Distribute small business brochure to Temecula Valley hotel patrons
D. Tag tourism advertisements with economic development messages
E. Establish EDC information booth at all Temecula special events
Fees: -O-
Expenses: $1,000
Lead Organization(s):
Sponsored Items
A.
Contract out with EDC, Chamber and OTTMA input
Tourism Site on World Wide Web
Write material
Add to existing site
Work with Web site provider
Fees: $500
Expenses: $500
Lead Organization(s): Contract out with EDC, Chamber and OTTMA input
15
BUDGET SUMMARY
Tactic
Economic Development:
Outreach Materials 1-A Logo
1 -B Materials Folder/Kit
1-C Fact Book
1-D Business Brochure
Selected Industry Outreach
Regional Business Media Outreach 3-A Press Materials
3-B Working News Bureau
Real Estate Outreach
4-A,B Outreach
4-C Newsletter
Selected Advertising
Community Relations
Economic Conference Support
Marketing Counsel
Project Employee
Tourism
Outreach Materials
1-A Press Kit
1-B Banner Ad
Media Relations
2-A Media Lists
2-B Monthly Publicity
2-C Media Response
2-D Travel Media Outreach
2-E Tourist Guidebook
2-F Newsletter
2-H Event Calendar
2-1 Tours
2-J Cable/Public Access
Fees
$13,500
$1,000
$8,000
$2,000
$7,000
$2,000
$3,000
$1,500
$1,500
-0-
$1,500
$4,000
$2,000
$1,000
$1,000
$2,000
$22,500
$2,500
-0-
-0-
$1,800
$600
$1,200
$150
$2,000
$500
$200
-0-
16
(Budget Snmmary continued)
Tactic
2-K Visitors Guide ('96 project)
Travel Outreach 3-A Mailings
3-B Trade Show Participation
Marketing Workshops
Marketing Tactics
Other Sponsored Items
TOTALS
Fees
$5OO
-0-
-0-
-0-
$5OO
$41,500
$1,000
$1,000
-0-
$1,000
$5OO
$46,450
17
JOINT
CITY COUNCIL/REDEVELOPMENT
MEETING
ITEM 7
APPROVAL
CITY ATTORNE'~
FINANCE OFFIC
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/Redevelopment Agency
City Manager/Executive Director Ronald E. 'Bradley
September 12, 1995
Formation of Two Joint Exercise of Powers Authorities with the
Redevelopment Agency of the City of Temecula
RECOMMENDATION:
1.
That the City Council adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING FORMATION OF TWO JOINT EXERCISE OF POWERS
AUTHORITIES WITH THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA "
That the Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA AUTHORIZING FORMATION OF TWO JOINT EXERCISE OF
POWERS AUTHORITIES WITH THE CITY OF TEMECULA
That the City Council authorize the execution of a Deposit/Reimbursement
Agreement by and between the City of Temecula on behalf of the Old
Town/Westside Community Facilities District Financing Authority/Community
Facilities District No. 1, and T.Z.B.G. for the reimbursement of costs in
connection with the issuance of bonds.
P:~lOttOId~btJffrev2 1
BACKGROUND: On August 31, 1995, the City and Redevelopment Agency of the City
of Temecula approved and entered into an Owner Participation Agreement with T.Z.B.G., Inc.
("T.Z.B.G.") which contemplated the construction of various public improvements in the Old
Town area of the City and the construction of the Western Bypass Corridor. The Owner
Participation Agreement provides for the financing of some of the Old Town area public
improvements, at the election of T.Z.B.G., by means of a community facilities district, and the
financing of the Western Bypass by means of an assessment district.
T.Z.B.G. has requested that a community facilities district be formed to finance the specified
improvements in the Old Town area, and has agreed to pay all City out of pocket expenses
in connection with such financing. In addition, T.Z.B.G. has requested that actions be taken
to assure that the Western Bypass improvements will be funded, pending completion of the
necessary assessment financing proceedings. City staff, with the advise of the City's
consultants, have recommended that various actions be taken in order to assure completion
of the improvements and financings referenced in the Owner Participation Agreement.
FINANCING STRUCTURE: Jones Hall Hill & White, the City's Bond Counsel for the
financings, has recommended that the City and the Agency form two new joint exercise
powers authorities in order to conduct the proceedings necessary to complete the financings.
Under California law, a joint exercise of powers authority is a separate legal entity from the
public agencies that create it, and its debt and liabilities are not those of the public agencies
that create it.
It is proposed that the City and the Redevelopment Agency form the Old Town/Westside
Improvement Authority (the "Improvement Authority"), which would sell tax-exempt bonds
to the public in an amount sufficient to finance both the Old Town improvements to be
completed by T.Z.B.G., as referenced in the Owner Participation Agreement, and the Western
Bypass improvements. The bonds would be sold only when it is assured that T.Z.B.G. will
have available all monies necessary to complete the Entertainment Facilities contemplated by
the Owner Participation Agreement. In this manner, the City and T.Z.B.G. will both be assured
that the entire project and all necessary public infrastructure improvements will be funded, and"
construction of the Entertainment Facilities and necessary infrastructure improvements can
commence as necessary to ensure timely completion of the entire project.
Because the Improvement Authority will be a separate legal entity from the City and the
Redevelopment Agency, no funds or assets of the City or the Redevelopment Agency will be
liable for the repayment of any bonds issued by the Improvement Authority. Rather, the bonds
will be secured solely by real estate owned by T.Z.B.G. and all debt services will be the
responsibility of T.Z.B.G. The joint exercise of powers agreement that creates the
Improvement Authority provides that the City Council members will act as the Board of
Directors of the Improvement Authority, so that they can control all aspects of any bond
issues by the Improvement Authority.
The proposed financing structure includes the formation of a second joint exercise of powers
authority by the City and the Redevelopment Agency, designated the Old Town/Westside
Community Facilities District Financing Authority (the "CFD Financing Authority"). The CFD
Financing Authority will also be a separate legal entity from the City and Redevelopment
P:~T~ortorli~uffrev2 2
Agency, and they will have no liability for its debts or obligations. The City Council will act
as the Board of Directors of the CFD Financing Authority.
The CFD Financing Authority will form two separate community facilities districts, one for the
financing of the Old Town area public improvements to be completed by T.Z.B.G., as
referenced in the Owner Participation Agreement, and the other to assure that the Western
Bypass improvements will be completed in the event that the City assessment district
referenced in the Owner Participation Agreement cannot, for any reason, be completed. The
two community facilities districts, when ultimately formed by the CFD Financing Authority,
will only encompass property to be owned by T.ZoB.G. Thus, any bonds issued by the
authority will be secured solely by T.Z.B.G. property and debt service is T.Z.B.G.'s sole
responsibility.
It is expected that the proceeds of the sale of the Improvement Authority's bonds will be used
to purchase bonds issued by the CFD Financing Authority for the Old Town Community
Facilities District, and, when completed, the assessment district bonds to be issued by the City
for the Western Bypass improvements. The principal and interest payable on those two bond
issues will provide the funds necessary to pay the principal and interest on the Improvement
Authority's bonds. If for any reason the assessment bonds are not issued by the City as
expected, the corresponding portion of the proceeds of the Improvement Authority's bonds
will instead be used to purchase the CFD Financing Authority's bonds issued for the Western
Bypass improvements. Thus, if the City assessment bonds are issued and purchased, as
expected, the CFD Financing Authority's Western Bypass community facilities district will not
be needed and will be dissolved. If, however, the assessment bonds are not ultimately issued
by the City, the Western Bypass community facilities district bonds will be issued by the CFD
Financing Authority and purchased by the Improvement Authority.
The proposed financing structure will assure that even if the City's proposed assessment
district is not completed at the time the entertainment facilities are financed, the Western
Bypass improvements will be funded at the time that the money is raised (i) by the
Improvement Authority to complete the Old Town area public improvements, and (ii) by
T.Z.B.G. to complete the Entertainment Facilities. In addition, the proposed financing structure"
will ensure that neither the City nor the Redevelopment Agency is ever responsible for the
repayment of the debt issued to finance the Old Town area public improvements to be
completed by T.Z.B.G. Finally, only properties owned by T.Z.B.G. will be taxed to pay for
such Old Town area improvements, and only properties owned by T.Z.B.G. will be taxed or
assessed to pay for these improvements.
SPECIFIC ACTIONS: In order to begin the process to implement the financing structure
described above, the following actions must occur:
The City and the Redevelopment Agency each must consider the adoption of
a resolution authorizing them to enter into joint exercise of powers agreements
to create the Old TownANestside Improvement Authority and the Old
Town/Westside Community Facilities District Financing Authority.
P:~nortonl~,v,v2 3
Following the adoption of their respective resolutions, the appropriate officers
of the City and the Redevelopmerit Agency must execute the two joint exercise
of powers agreements.
The City will then authorize the execution of a Deposit/Reimbursement
Agreement between the City and T.Z.B.G. providing for reimbursement of all
costs in connection with issuance of bonds by the Old TownANestside
Community Facilities District Financing Authority.
The Old Town/Westside Community Facilities District Financing Authority will
then consider adoption of a resolution adopting local goals and policies for
Mello-Roos districts. Under applicable State law, a new community facilities
district cannot be formed unless the entity which fo~ms it has first adopted local
goals and policies which satisfy certain requirements of law. The suggested
local goals and policies only pertain to the specific financings contemplated by
the Owner Participation Agreement, and would not apply to any community
facilities district that may be created in the future by the City.
The Old Town/Westside Community Facilities District Financing Authority must
then consider adoption of two resolutions of intention relative to the Old Town
area public improvements, and two resolutions of intention relative to the
Western Bypass improvements. These resolutions call for public hearings on
October 17 on the formation of the respective community facilities districts and
the issuance of bonds for the districts, and otherwise set forth a description of
the improvements to be financed, the method by which special taxes will be
levied to repay the debt incurred to complete the financing, the maximum
principal amount of the debt, the employment (at the expense of T.Z.B.G.), of
bond counsel and a special tax consultant to assist the City in forming the
community facilities districts, and the approval of other matters related thereto.
The boundary maps for the two proposed CFD's referenced in the resolutions
contain all parcels that may be included in the CFD's, and will be revised on
October 17 to include only parcels owned, optioned or otherwise controlled by"
T.Z.B.G. No property owner other than T.Z.B.G. will be required to participate
in either of the community facilities districts.
FISCAL IMPACT: T.Z.B.G. has agreed to pay all out of pocket expenses incurred relative
to the proposed financings. Costs of issuance of the proposed bond issues will be paid from
the proceeds of the bonds to be issued by the joint exercise of powers authority. All annual
costs of administering the bond issues will be paid by special taxes or assessments levied on
the properties in the financing districts owned by T.Z.B.G.
Neither the City nor the Redevelopment Agency will have any responsibility for the repayment
of any bonds issued by the Old Town/Westside Improvement Authority or the Old
TownANestside Community Facilities District Financing Authority.
Attachments:
Resolutions
Joint Exercise of Powers Agreements
Deposit/Reimbursement Agreement
P:~lorlord%buffrev2 4
RESOLI.rl~ON NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING FORMATION OF TWO JOINT EXERCISE OF POWERS
AUTHORITIES WITH THE I~EI'}EVI~J~)~ AGENCY OF THE CITY OF
WIIEREAS, the Redevelopment Agency of the City of Temecula (the "Agency") and
the City of Temecula (the "City") desire to assist in the provision of public capital
improvements in the Old Town and the Westside areas of the City, as contemplated by the
respective Specific Plans for such areas heretofore approved by separate ordinances of the
City Council;
WHEREAS, in connection with such assistance, the City and the Agency propose to
form two distinct and separate joint exercise of powers authorities pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Ti~e 1 of the California
Government Code, to exercise the powers of the City and the Agency, and to enable the use
of financing techniques that may reduce local borrowing costs, and to otherwise promote the
greater use of existing and new financial instruments and mechanisms, all in accordance with
the financing of some of the improvements; and :
WFFF~RE~, a form of joint exercise of powers agreement between the City and the
Agency creating the Old Town/Westside Improvement Authority (the 'Old Town/Westside
Joint Powers Agreement'), and form a joint exercise of powers ag/'eement between the City
and the Agency creating the Old Town/Westside Community Facilities District Financing
Authority (collectively, the "Joint Powers Agreements*), have been filed with the City
Clerk, and the members of the City Council of the City, with the aid of City staff, have
reviewed the Joint Powers Agreements.
NOW, TIIEREFO RE, BE IT RESOLVED by the City Council of the City of Temecula
as follows:
Section 1. Formation of Joint Powers Authorities. The City Council hereby
authorizes the officers and staff members of the City to assist in the organization of two joint
exercise of powers authorities between the City and the Agency, one to be known as the
"Old Town/Westside Improvement Authority', and the other to be known as the "Old
Town/Westside Community Facilities District Financing Authority*. The City Council
hereby approves and authorizes the Mayor to execute and deliver and the City Clerk to attest
the Joint Powers Agreements forming said joint exercise of powers authorities, in the
respective forms on file with the City Clerk together with any changes therein deemed
advisable by the City Attorney, the approval of such changes to be conclusively evidenced by
the execution and delivery by the City of the Joint Powers Agreements.
Resos 75 -1-
Section 2. OfficiaJ Actions. The Mayor, City Manager, City Clerk and all other
officers of the City, are hereby authorized and directed to take all actions and do all things
necessary or desirable hereunder with respect to the formation of said joint exercise of powers
authorities, including but not limited to the execution and delivery of any and all agreements,
certificates, instruments and other documents, which they, or any of them, may deem necessary
or desLrable and not inconsistent with the purposes of this resolution.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula,
at a regular meeting held on the 12th day of September, 1995.
Jeffrey E. Stone, Mayor
A~T:
June S. Greek, CMC, City Clerk
R.os 75 -2-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 95- was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 12th day of September, 1995 by the following roll ~ vote:
CO~CILMF-~ERS:
NOES:
CO~CH~MEMBERS:
COUNCK,MEMBERS:
June S. Greek, CMC, City Clerk
RESOLITTION NO. RDA 95-
A RESOLUTION OF THE REDEVEIX)PMENT AGENCY OF THE CITY OF
TEMECULA AI, I'I'HOI~zING FORMATION OF TWO JOINT EXERCISE OF
POWERS AUTHORITIF_S WITH THE CITY OF TEMECULA
WHEREAS, the Redevelopment Agency of the City of Temecula (the "Agency") and
the City of Temecula (the "City") desire to assist in the provision of public capital
improvements in the Old Town and the Westside areas of the City, as contemphted by the
respective Specific Plans for such areas heretofore approved by separate ordinances of the
City Council;
WHEREAS, in connection with such assistance, the Agency and the City propose to
form two distinct and separate joint exercise of powers authorities pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Ti~e 1 of the California
Government Code, to exercise the powers of the Agency and the City, and to enable the use
of financing techniques that may reduce local borrowing costs, and to otherwise promote the
grater use of existing and new financial instruments and mechanisms, all in connection with
the financing of some of the improvements; and
WHEREAS, a form of joint exercise of powers agreement between the Agency and
the City crating the Old Town/Westside Improvement Authority, and form a joint exercise
of powers agreement between the Agency and the City creating the Old Town/Westside
Community Facilities District Financing Authority (collectively, the "Joint Powers
Agreements"), have been ~ed with the Secretary of the Agency, and the members of the
Governing Board of the Agency, with the aid of Agency staff, have reviewed the Joint
Powers Agreements.
NOW THEREFORE, BE IT RESOLVED, by the Governing Board of the
Redevelopment Agency of the City of Temecula as follows:
Section 1. Formation of Joint Powers Authorities. The Governing Board of the
Agency hereby authorizes the officers and staff members of the Agency to assist in the
organization of two joint exercise of powers authorities between the Agency and the City, one
to be known as the "Old Town/Westside Improvement Authority", and the other to be known
as the "Old Town/Westside Community Facilities District Financing Authority". The Governing
Board of the Agency hereby approves and authorizes the Chairperson to execute and deliver and
the Secretary to attest the Joint Powers Agreements forming said joint exercise of powers
authorities, in the respective forms on file with the Secretary together with any changes therein
deemed advisable by counsel to the Agency, the approval of such changes to be conclusively
evidenced by the execution and delivery by the Agency of the Joint Powers Agreements.
Rewsx,76 -1-
Section 2. Official Actions. The Chairperson, Executive Director, Secretary and
all other officers of the Agency, are hereby authorized and directed to take all actions and do
all things necessary or desirable hereunder with respect to the formation of said joint exercise
of powers authorities, including but not limited to the execution and delivery of any and all
agreements, certificates, instruments and other documents, which they, or any of them, may
deem necessary or desirable and not inconsistent with 'the purposes of this resolution.
PASS~r), APPROVED AND ADOPTED, by the Governing Board of the
Redevelopment Agency of the City of Temecula at a regular meeting held on the 12th day of
September, 1995. ~
Ronald J. Parks, Chairperson
ATTEST:
June S. Greek, Agency Secretary/City Clerk
R=sosX76 -2-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CYFY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Tcmecula, HEREBY DO CERTIFY that the
foregoing Resolution No. RDA 95--- was duly adopted at a regular meeting of the Governing
Board of the Redevelopment Agency of the City of Temecula on the 12th day of September,
1995, by the following roll call vote:
AGENCY MEMBERS:
NOES:
AGENCY MEMBERS:
AGENCY MY~MBERS::
June S. Greek, CMC, Agency Secretary/
City Clerk
R~o~\76 -3-
OLD TOWN/WESTSIDE COMMUNITY FACnXrlES DISTRICT
FINANCING AUTIIORITY _
JOINT ~CISE OF POWERS AGRE]~vIt~NT
This Agreement (the *Joint Ex~ of Powers Agreement*), dated September 12, 1995, is
by and between the City of Temecula, a munidpal corporation and public body, incorporated
and politic duly organized and existing under the laws of the State of California (the "City"),
and the Redevelopment Agency of the City of Temecula, a public body corporate and politic
duly organized and existing under the laws of the State of California (the "Agency").
WITNESSETH:
WHEREAS, agencies formed under Artides 14 (commencing with Section 6500) of Chapter
5, Division 7, Ti~e 1 of the Government Code of the State of California (the 'Act") are permitted to
provide financing for any of their members or other local public agencies in the State of
California in connection with the acquisition, construction and improvement of public capital
improvements, working capital requirements or insurance programs of such members or
other local agencies; and
WI~REAS, the City and the Agency wish to form an agency under the Act for the
purpose of establishing an entity which can assist in providing financing for public capital
improvements in the Old Town Area and the Westside Area of the'City by means of the
formation of community facilities districts, and for other purposes which are authorized
under the Act.
NOW, THEREFORE, in consideration of the above premises and of the mutual
promises herein contained, the City and the Agency do hereby agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. Unless the context otherwise requires, the words and terms defined
in this Article shall, for the purpose hereof, have the meanings herein specified.
'Act' means Articles 1 through 4 (commencing with Section 6500) of Chapter 5,
Division 7, Title 1 of the Government Code of the State of California.
'Agreement' means this Joint Exercise of Powers Agreement, as originally entered
into or as amended from time to time.
r:\cityatty\OTWJPA2 -1 -
"Authority" means the Old Town/Westside Community Facilities District Financing
Authority established pursuant to Section 2.02 of this Agreement.
"Board" means the Board of Directon of the Old Town/Westside Community
Facilities District Financing Authority referred to in Section 2.03.
'Bond Law* means the Marks-Roos Local Bond Pooling Act of 1985, being Article
of the Act (commencing with Section 6584), as now in effect or hereafter amended, Article
of the Act as now in effect or hereafter amended, or any other law available for use by the
Authority in the authorization and issuance of bonds to provide for the financing of Public
Improvements.
'Bonds' means bonds, notes or other obligations of the Authority issued pursuant to
the Mello-Roos Law, the Bond Law or pursuant to any other provision of law which may be
used by the Authority for the authorization and issuance of bonds, notes or other obligations.
'Directors' means the representatives of the City appointed to the Board pursuant to
Section 2.03.
'Financing Authority' means any joint exercise of powers authority created under the Act
pursuant to a joint exercise of powers agreement between the City and the Agency. .-
"Fiscal Year' means the period from July 1 in any calendar year to and including
June 30 in the succeeding calendar year.
"MeHo-Roos Law' means the Mello-Roos Community Facilities Act of 1982, as
amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government
Code.
"Members' means the City and the Agency.
"Obligations" has the meaning given to the ten "Bonds' in Section 6585(c) of the Bond
Law.
"Public Agency" means any public agency authorized by the Act to enter into a joint
exercise of powers agreement with the City and the Agency.
"Public Improvements" has the meaning given such term in Section 6585(g) of the
Bond Law.
"Secretary" means the Secretary of the Authority appointed pursuant to Section 3.01.
"Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.02.
r:\cityattyXOT1VJPA2 -2-
GENERAL PROVISIONS
Section 2.01. Purpose. This Agreement is made pursuant to the Act providing for the joint
exercise of powen common to the City and the Agency, aud for other lmtlx)ses as permiRed under
the Act, the Bond Law, the Mello-Roos Law and as agreed by one or more of the parties hereto.
The primary purpose of this Agreement is to provide for the financing of Public
Improvements in connection with the installation of public infrastructure improvements in the
Old Town Area and the Westside Area of the City, through the acquisition or financing by
the Authority of such Public Improvements by the Authority pursuant to the Mello-Roos
Law.
Section 2.02. Creation of Authority. Pursuant to the Act, there'is hereby created a public
entity to be known as the 'Old Town/Westside Community Facilities District Financing
Authority". The Authority shall be a public entity separate and apart from the City, the
Agency and any Financing Authority, and shall administer this Agreement.
Section 2.03. Board of Directors. The Authority shall be admini-~'u.-red by a Board of
Directors consisting of five (5) Directors, unless and until such number is changed by amendment of
this Agreement. The Directors of the Authority shall be comprised of the members of the City
Council of the City. The Board shall be called the *Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority". All voting power of the
Authority shall reside in the Board.
Section 2.04. Meetings of the Board.
(a) Regular Meetings. The Board shall provide for its regular meetings; provided,
however, that at least one regular meeting shall be held each year. The date, hour and place of the
holding of regular meetings shall be fixed by resolution of the Board and a copy of such resolution
shall be filed with the City and the Agency.
Co) Special Meetings. Special meetings of the Board may be called in accordance
with the provisions of Section 54956 of the Government Code of the State of California.
(c) Call, Notice and Conduct of Meetings. All meetings of the Board,
including without limitation, regular, adjourned regular and special meetings, shall be called,
noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act of
the Government Code of the State of California.
Section 2.05. Actions Taken. The Secretary shall cause to be kept records, consistent with
City policy, of all actions taken by the Board at all meetings of the Board and shall, as soon as
possible after each meeting, make such records available for inspection by each Director and
the Members.
r:Xcityatty%OTWJPA2 -3-
Section 2.06. v_.o. Iing. Each Direaor shall have one vote.
Section 2.07. Duorum: Required Votes: Approvals. Directors holding a majority of the
votes shall constitute a quorum for the transaction of business, except that less than a quorum
may adjourn from time to time. The affirmative votes of at least a majority of the Directors
present at any meeting at which a quorum is present shall be required to take any action by
the Board.
Section 2.08. Bylaws. The Board may adopt, from time to _time, SUch bylaws, rules and
regulations for the conduct of its meetings as the Board may deem necessary or advisable for the purposes
hereof.
OFFICERS AND EMPLOYEES
Section 3.01. Chairman. Executive Director and Secretary. The Mayor of the City, the City
Manager and the City Clerk are hereby designated as the Chairperson, Executive Director and
Secretary, respectively, of the Authority. The officers shall perform the duties normal to said
offices. The Chairperson or the Executive Director (or any other person authorized by
resolution of the Board) shall sign conWacts on behalf of the Authority, and the Chairperson'
shall perform such other duties as may be imposed by the Board. The Executive Director
shall administer the day-to-day affairs of the Authority and shall execute the policies and
directives of the Board. The Secretary shall countersign all contracts signed by the
Chairperson or the Executive Director on behalf of the Authority (unless otherwise specified
by resolution of the Board), perform such other duties as may be imposed by the Board and
cause a notice of this Agreement to be filed with the Secretary of State pursuant to the Act.
Section 3.02. Treasurer and Auditor. Pursuant to Section 6505.6 of the Act, the City
Treasurer is hereby designated as the Treasurer of the Authority and the City Finance Director is
hereby designated as the Auditor of the Authority. The Treasurer shall be the depositary, shall have
custody of all of the accounts, funds and money of the Authority from whatever source, shall
have the duties and obligations set forth in Sections 6505 and 6505.5 of the Act and shall
assure that there shall be strict accountability of all funds and reporting of all receipts and
disbursements of the Authority. As provided in Section 6505 and Section 6505.6 of the Act,
the Auditor shall make arrangements with a certified public accountant or firm of certified
public accountants for the annual audit of accounts and records of the Authority, which audit
may be combined with any audit of the accounts and records of the City, the Agency and/or
any Financing Authority.
Section 3.03. Officers in Charge of Records. Funds and Accounts. Pursuant to Section 6505.1
of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds and
money of the Authority and all records of the Authority relating thereto; and the Secretary shall
have charge of, handle and have access to all other records of the Authority.
r:\cityatty\OTWJPA2
Section 3.04. Bonding Persore Having Access to Authority Records. From time to time, the
Board my designate persons, in addition to the Executive Director, the Secretary, the Treasurer and the
Auditor, having charge of, handling or having access to any records, funds or accounts or any
Public Improvement of the Authority, and the respective mounts of the official bonds of the
Executive Director, the Secretary, the Treasurer and the Auditor and such other persons pursuant
to Section 6505.1 of the Act.
Section 3.05. 1 .egal Advisor. The City Attorney shall act as the legal advisor of the Authority,
and shall perform such duties as may be prescribed by the Board.
Section 3.06. Other Employees. The Board shall have the power by resolution to appoint and
employ such other consultants and independent contractors as may be necessary for the purposes
of this Agreement.
A.11 of the privileges and immunities from liability, exemption from laws, ordinances and
rules, RLI pension, relief, disability, workers' compensation and other benefits which apply to
the activities of officers, agents, or employees of a public agency when performing their
respective functions shall apply to the officers, agents or employees of the Authority to the
same degree and extent while engaged in the performance of any of the functions and other
duties of such officers, agents or employees under this Agreement. :.
None of the officers, agents, or employees direc~y employed by the Board shall be deemed,
by reason of their employment by the Board to be employed by the City or the Agency or,
by reason of their employment by the Board, to be subject to any of the requirements of the
City or the Agency.
Section 3.07. Assistant Officers. The Board may by resolution appoint such assistants to
act in the place of the Secretary or other officers of the Authority (other than any Director), and
may by resolution provide for the appointment of additional officers of the Authority who may :-
or may not be Directors, as the Board shall from time to time deem appropriate.
ARTICLE IV
Section 4.01. General Powers. The Authority shall exercise the powers granted to it under
the Act, including but not limited to the powers set forth in the Bond Law and the powers of each of
the Members as may be necessary to the accomplishment of the purposes of this Agreement,
subject to the restrictions set forth in Section 4.04. As provided in the Act, the Authority
shall be a public entity separate from the City, the Agency and any Financing Authority.
Section 4.02. Power to Issue Bonds. The Authority shall have all of the powers provided in
the Act and in the Bond Law, including the power to issue Bonds thereunder.
r:\ciWatty\O'TIVJPA2 -5-
Section 4.03. Specific Powen. The Authority is hereby authorized, in its own name, to
do all acts necessary for the exercise of the foregoing powers, including but not limited to,
any or all of the following:
(b) to employ agents or employees
(c) to acquire, construct, manage, maintain or operate any Public Improvement,
including the common power of the City and the Agency to acquire any Public Improvement by
the power of eminent downln or any other lawtiff means;
(d) to sue and bc sued in its own name;
(e) to issue Bonds and otherwise to incur debts, liabilities or obligations;
provided, however, that no such Bond, debt, liability or obligation shall constitute a debt,
liability or obligation of the City, the Agency or any Financing Authority;
(f) to apply for, accept, receive and disburse grants, loans and other assistance
from any agency of the United States of Ameria or of the State of California;
(g) to invest any money in the treasury pursuant to Section 6505.5 of the Act
which is not required for the immediate necessities of the Authority, as the Authority
determines is advisable, in the same manner and upon the same conditions as local agencies,
pursuant to Section 53601 of the Government Cede of the State of California;
(h) to apply for letters of credit or other form of financial guarantees in .order
to secure the repayment of Bonds and enter into agreements in connection therewith;
(i) to carry out and enforce all the provisions of this Agreement;
(j) to make and enter into agreements, assignments and documents of any
nature whatsoever as may be necessary or convenient in the exercise of its powers hereunder
or under the Act;
(k) to purchase Obligations of or to make loans to the City, the Agency or
any Financing Authority for the purposes hereof, or to refmance indebtedness inatrred by the
City, the Agency or any Financing Authority in connection with any of the purposes hereof;
and
(1) to exercise any and all other powen as my be provided in the Act, the
Mello-Roos Law or in the Bond Law.
r:~,cityett~OTWJPA2 -6-
Section 4.04. Restrictions on Exercise of Powers. The powen of the Authority shall be
exercised in the manner provided in the Act, and, except for those powen set forth in the Bond Law,
shall be subject ('m accordance with Section 6509 of the Act) to the restrictions upon the manner of
exercising such powers that are imposed upon the City in the exercise of similar powen.
Section 4.05. Obligations of Authori~. The debts, liabilities and obligations of the
Authority shall not be the debts, liabilities and obligations of the City, the Agency or any
Financing Authority.
Section 4.06. Non-I .iabiliW for Obligations of Authority. No Member, Director, officer,
agent or employee of the Authority shall be individually or personally liable for the payment of the
principal of or premium or interest on any obligations of the Authority or be subject to any
personal liability or accountability by reason of any obligalions of the Authority; but nothing
herein contained shall relieve any such Member, Director, officer, agent or employee from
the performance of any official duty provided by law or by the instruments authorizing the
issuance of any obligations of the Authority.
ARTXCL~ V
CONTRIBUTIONS; ACCOUNTS AND REPORTS; FUNDS
Section 5.01. Contributions. The Members may in the a~.~te circumstance when
required hereunder: (a) make contributions from their U'easuries' for the purposes set forth
herein, (b) make payments of public funds to defray the cost of such purposes, (c) make
advances of public funds for such purposes, such advances to be repaid as provided herein, or
(d) use its personnel, equipment or property in lieu of other contributions or advances. The
provisions of Government Code Section 6513 are hereby incorporated into this Agreement by
reference.
Section 5.02. Accounts and Reports. To the extent not covered by the duties assigned to a
trustee chosen by the Authority, the Treasurer shall establish and maintain such funds and accounts as
may be required by good accounting practice or by any provision of any trust agreement entered
into with respect to the proceeds of any Bonds issued by the Authority. The books and
records of the Authority in the hands of a trustee or the Treasurer shah be open to inspection
at all reasonable times by representatives of the Members. Within 180 days after the close
of each Fiscal Year an annual report of all financial activities for such Fiscal Year shall be
presented to the Members, to the extent such activities are not covered by the report of such
trustee. The trustee appointed under any indenture or trust agreement shall establish suitable
funds, furnish financial reports and provide suitable accounting procedures to carry out the
provisions of said trust agreement. Said trustee may be given such duties in said indenture
or trust agreement as may be desirable to carry out this Agreement.
r:~cityaRy%O'rVVJPA2 -7-
Section 5.03. Funds. Subject to the applicable provisions of any instrument or agreement
which the Authority my enter into, which may provide for a trustee to receive, have _custody of
and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of
and disburse Authority funds as nearly as possible in accordance with generally accepted
accounting practices, and shall make the disbursements required by this Agreement or to
carry out any of the provisions or purposes of this Agreement.
Section 5.04. Annual Budeet and Administrative Expenses. The Board may adopt a budget
for administrative expenses, which shall include all expenses not included in any financing issue of
the Authority, on or about July 1st of each year. The estimated annual administrative
expenses of the Authority shall be allocated in such budget by the Authority to the ~pective
bond programs of the Authority, the Members and/or any Financing Authority in such
proportion as the Executive Director shall determine. It is expected that all expenses of the
Authority will be allocated to its respective bond programs, to be paid for by such programs.
ARTICt.~ VI
Section 6.01. T~n. This Agreement shall become effective, and the Authority shall come
into existence, on the date of execution and delivery hereof, and this Agreement and the Authority
shall thereafter continue in full force and effect for at least forty (40) years (unless earlier
terminated by the Members and any then Associate Members), but in any event so long as
either (a) any Bonds remaining outstanding or any material conWads to which the Authority
is a party remain in effect, or (b) the Authority shall own any interest in any Public
Improvements.
Section 6.02. Disposition of Assets. Upon termination of this Agreement, all property of the
Authority, both real and personal, shall be conveyed to the City.
MISCF-LLANEOUS PROVISIONS
Section 7.01. Notices. Notices hereunder shall be in writing and shall be sufficient if
delivered to the notice address of each party hereto for legal notices or as otherwise provided by a
party hereto in writing to each of the other parties herew.
Section 7.02. Seaion Headings. All seaion headings in this Agreement are for convenience of
reference only and are not to be construed as modifying or governing the language in the seaion referred
to or to define or limit the scope of any provision of this Agreement.
r:\cityatt~AOTWJPA2 -8-
Section 7.03. Consent. Whenever in this Agreement any consent or approval is required, the
same shall not be unreasonably withheld.
Section 7.04. Law C,-overning. This Agreement is made in the State of California under the
Constitution and laws of the State of California, and is to be so construed.
Section 7.05. Amendments. This Agreement may be amended at any time, or from time to
time, except as limited by contract with the owners of Bonds issued by the Authority or by applicable
regulations or laws of any jurisdiction having authority, by one or more supplemental agreements
executed by both of the parties to this Agreement either as required in order to carry out any
of the provisions of this Agreement or for any other purpose, including without limitation
addition of new parties (including any legal entities or taxing areas heretofore or hereafter
created) in pursuance of the purposes of this Agreement.
Section 7.06. Enforcement by AuthoriW. The Authority is hereby authorized to take any or
all legal or equitable actions, including but not limited to injunction and specific performance,
necessary or permitted by law to enforce this Agreement.
Section 7.07. Severability. Should any part, term or provision of this Agreement be decided
by any court of competent jurisdiction to be ~egal or in conflict with any hw of the State of
California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining
portions or provisions shall not be affected thereby.
Section 7.08. Successors. This Agreement shall be binding upon and shall inure to the benefit
of the successors of the City or the Agency, respectively. Neither the City nor the Agency may assign
any right or obligation hereunder without the written consent of the other.
r:\cityatly~OTWJPA2 -9-
IN WITNESS WHEREOF, the parties herew have caused e,i~ Agreement to be execu!ed_ and
attested by their proper officers thereunto duly authorized and their official seals ~o be hereto affixed,
on the day and year set opposite the name of each of the parties.
CrrYOFTEMBCULA
Date: September 12, 1995
Jeffrey E. Swne, Mayor
ATTEST:
By:
June S. Greek, CMC, City Clerk
[SEAL]
REDEVELOPMENT AGENCY OF THE CrTY OF TEMECULA
Date: September 12, 1995
Ronald J. Parks, Chairperson
ATTEST:
By:
June S. Greek, CMC, Agency
Secretary/City Clerk
[S AL]
r:\ciWatty\OTVVJPA2 -1 O-
OLD TOWN/WESTSIDE IMPRO~ AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
This Agreement (the *Joint Exercise of Powers Agreement'), dated September 12,
1995, is by and between the City of Temecula, a municipal corporation and public body,
corporate and politic duly organized and existing under the laws of the State of California
(the "City*), and the Redevelopmerit Agency of the City of Temecula, a public body
corporate and politic duly organized and existing under the laws of the State of California
(the 'Agency").
WI TN E S S E TH:
WHEREAS, agencies formed under Articles 1-4 (commencing with Section 6500) of Chapter
5, Division 7, Ti~e 1 of the Government Code of the State of California (the "Act") are permitted to
provide financing for any of their members or other local public agencies in the State of
California in connection with the acquisition, consU'uc~on and improvement of public capital
improvements, working capital requirements or insurance programs of such members or
other local agencies; and
WI-IF~REAS, the City and the Agency wish to form an agency under the Act for the
purpose of providing an entity which can assist in providing financing for public capital
improvements in the Old Town Area and the Westside Area of the City and for other
purposes which are authorized under the Act.
NOW, THEREFORE, in consideration of the above premises and of the mutual promises
herein contained, the City and the Agency do hereby agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. Unless the context otherwise requires, the words and terms
defined in this Article shall, for the purpose hereof, have the meanings herein specified.
"Act" means Articles 1 through 4 (commencing with Section 6500) of Chapter 5,
Division 7, Tifie 1 of the Government Code of the State of California.
"Agreement" means this Joint Exercise of Powers Agreement, as originally entered into
or as mended from time to time.
"Authority" means the Old Town/Westside Improvement Authority established
pursuant to Section 2.02 of this Agreement.
r:~cityaUy\OTWJPA -1-
"Board" means the Board of Directors of the Old Town/Westside Improvement Authority
referred to in Section 2.03.
"Bond Law" means the Marks-Roos Local Bond Pooling Act of 1985, being Article 4
of the Act (commencing with Section 6584), as now in effect or hereafter amended, Article 2
of the Act as now in effect or hereafter amended, or any other law available for use by the
Authority in the authorization and issuance of bonds to provide for the financing of
Obligations, Working Capital Requirements, Public Improvements and/or liability or
insurance needs of any Public Agency.
"Bond Purchase Agreement" means an agreement between the Authority and the City,
the Agency or any Financing Authority, pursuant to which the Authority agrees to purchase
Obligations from the City, the Agency or such Financing Authority, as the case may be.
"Bonds" means bonds, notes or other obligations of the Authority issued pursuant to
the Bond Law or pursuant to any other provision of law which may be used by the Authority
for the authorization and issuance of bonds, notes or other obligations.
"Directors" means the representatives of the City appointed to the Board pursuant to
Section 2.03.
"Financing Authority" means any joint exercise of powers authority created under the
Act pursuant to a joint exercise of powers agreement between the City and the Agency,
including, but not limited to, the Old Town/Westside Community Facilities District
Financing Authority.
"Fiscal Year" means the period from July 1 in any calendar year to and including
June 30 in the succeeding calendar year.
"Members" means the City and the Agency.
"Obligations" has the meaning given to the term "Bonds" in Section 6585(c) of the Bond
Law.
"Public Agency" means any public agency authorized by the Act to enter into a joint
exercise of powers agreement with the City and the Agency.
"Public Improvements" has the meaning given such term in Section 6585(g) of the Bond
Law.
"Secretary" means the Secretary of the Authority appointed pursuant to Section 3.01.
"Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.02.
r:~cityany\OTWJPA -2-
*Working Capital Requirements* means the requirements of any Public Agency for
funds to be used by, or on behalf of, such Public Agency for any purpose for which such
Public Agency may borrow money pursuant to Section 53852 of the Government Code of the
State of California.
ARTICLE H
GENERAL PROVISIONS
Section 2.01. Purpose. This Agreement is made pursuant to the Act providing for the joint
exercise of powers common to the City and the Agency, and for other purposes as permitted
under the Act, the Bond Law and as agreed by one or more of the parties hereto. The
primary purpose of this Agreement is to provide for the financing of Public Improvements or
Obligations in connection with the installation of public infrastructure improvements in the
Old Town Area and the Westside Area of the City, through the acquisition by the Authority
of such Public Improvements and/or the purchase by the Authority of Obligations of the
City, the Agency or any Financing Authority pursuant to Bond Purchase Agreements and/or
the lending of funds by the Authority to the City, the Agency or any Financing Authority.
Section 2.02. Creation of Authority. Pursuant to the Act, there is hereby created a
public entity to be known as the "Old Town/Westside Improvement Authority". The
Authority shall be a public entity separate and apart from the City, the Agency and any
Financing Authority, and shall administer this Agreement.
Section 2.03. Board of Directors. The Authority shall be administered by a Board of
Directors consisting of five (5) Directors, unless and until such number is changed by amendment of
this Agreement. The Directors of the Authority shall be comprised of the members of the City
Council of the City. The Board shall be called the "Board of Directors of the Old
Town/Westside Improvement Authority". All voting power of the Authority shall reside in
the Board.
Section 2.04. Meetings of the Board.
(a) Regular Meetings. The Board shall provide for its regular meetings;
provided, however, that at least one regular meeting shall be held each year. The date, hour
and place of the holding of regular meetings shall be fixed by resolution of the Board and a
copy of such resolution shall be filed with the City and the Agency.
(13) Special Meetings. Special meetings of the Board may be called in accA3rdance
with the provisions of Section 54956 of the Government Code of the State of California.
(c) Call, Notice and Conduct of Meetings. All meetings of the Board, including
without limitation, regular, adjourned regular and special meetings, shall be called, noticed,
r:\cityauy\OT~/lPA -3-
held and conducted in accordance with the provisions of the Ralph M. Brown Act of the
Government Code of the State of California.
Section 2.05. Actions Taken. The Secretary shall cause to be kept records, consistent with
City policy, of all actions taken by the Board at all meetings of the Board and shall, as soon as
possible after each meeting, make such records available for inspection by each Director and
the Members.
Section 2.06. Voting. Each Director shall have one vote.
Section 2.07. Ouorum: Retired Votes: Approvals. Directors holding a majority of the
votes shall constitute a quorum for the transaction of business, except that less than a quorum
may adjourn from time to time. The affirmative votes of at least a majority of the Directors
present at any meeting at which a quorum is present shall be required to take any action by
the Board.
Section 2.08. Bylaws. The Board may adopt, from time to time, such bylaws, rules and
regulations for the conduct of its meetings as the Board may deem necessary or advisable for the purposes
hereof.
ARTICLE Ill
OFFICERS AND EMPLOYEES
Section 3.01. Chairman. Executive Director and Secretary. The Mayor of the City, the
City Manager and the City Clerk are hereby designated as the Chairperson, Executive Director and
Secretary, respectively, of the Authority. The officers shall perform the duties normal to said
offices. The Chairperson or the Executive Director (or any other person authorized by
resolution of the Board) shall sign contracts on behalf of the Authority, and the Chairperson
shall perform such other duties as may be imposed by the Board. The Executive Director
shall administer the day-to-day affairs of the Authority and shall execute the policies and
directives of the Board. The Secretary shall countersign all contracts signed by the
Chairperson or the Executive Director on behalf of the Authority (unless otherwise specified
by resolution of the Board), perform such other duties as may be imposed by the Board and
cause a notice of this Agreement to be fried with the Secretary of State pursuant to the Act.
Section 3.02. Treasurer and Auditor. Pursuant to Section 6505.6 of the Act, the City
Treasurer is hereby designated as the Treasurer of the Authority and the City Finance Director is
hereby designated as the Auditor of the Authority. The Treasurer shall be the depositary, shall have
custody of all of the accounts, funds and money of the Authority from whatever source, shall
have the duties and obligations set forth in Sections 6505 and 6505.5 of the Act and shall
assure that there shall be strict accountability of all funds and reporting of all receipts and
disbursements of the Authority. As provided in Section 6505 and Section 6505.6 of the Act,
the Auditor shall make arrangements with a certified public accountant or firm of certified
r:\cityatty~,OTWIPA --4-
public accountants for the annual audit of accounts and records of the Authority, which audit
may be combined with any audit of the accounts and records of the City, the Agency and/or
any Financing Authority.
Section 3.03. Officers in Charge of Records. Funds and Accounts. Pursuant to Seaion
6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all
aunts, funds and money of the Authority and all records of the Authority relating thereto;
and the Secretary shall have charge of, handle and have access to all other records of the
Authority.
Section 3.04. Bonding Persons Having Access to Authority Records. From time to time,
the Board may designate persons, in addition to the Executive Director, the Secretary, the Treasurer
and the Auditor, having charge of, handling or having access to any records, funds or accounts
or any Public Improvement of the Authority, and the respective amounts of the official bonds
of the Executive Director, the Secretary, the Treasurer and the Auditor and such other
persons pursuant to Section 6505.1 of the Act.
Section 3.05. Legal Advisor. The City Attorney shall act as the legal advisor of the Authority,
and shall perform such duties as may be prescribed by the Board.
Section 3.06. Other Employees. The Board shall have the power by resolution to appoint
and employ such other consultants and independent contractors as may be necessary for the
purposes of this Agreement.
All of the privileges and immunities from liability, exemption from hws, ordinances and
rules, all pension, relief, disability, workers' compensation and other benefits which apply to
the activities of officers, agents, or employees of a public agency when performing their
respective functions shall apply to the officers, agents or employees of the Authority to the
same degree and extent while engaged in the performance of any of the functions and :other
duties of such officers, agents or employees under this Agreement.
None of the officers, agents, or employees directly employed by the Board shall be deemed,
by reason of their employment by the Board to be employed by the City or the Agency or,
by reason of their employment by the Board, to be subject to any of the requirements of the
City or the Agency.
Section 3.07. Assistant Officers. The Board may by resolution appoint such assistants to
act in the place of the Secretary or other officers of the Authority (other than any Director),
and may by resolution provide for the appointment of additional officers of the Authority
who may or may not be Directors, as the Board shall from time to time deem appropriate.
r:\cityauyXOTW/PA -5-
Section 4.01. General Powers. The Authority shall exercise the powers granted to it under
the Act, including but not limited to the powers set forth in'the Bond Law and the powers of each of
the Members as may be necessary to the accomplishment of the purposes of this Agreement,
subject to the restrictions set forth in Section 4.04. As provided in the Act, the Authority
shall be a public entity separate from the City, the Agency and any Financing Authority.
Section 4.02. Power to Issue Bonds. The Authority shall have all of the powers provided in
the Act and in the Bond Law, including the power to issue Bonds thereunder.
Section 4.03. Specific Powers. The Authority is hereby authorized, in its own name, to
do all acts necessary for the exercise of the foregoing powers, including but not limited to,
any or all of the following:
(a) to make and enter into contracts;
(13) to employ agents or employees;
(c) to acquire, construct, manage, maintain or operate any Public Improvement,
including the common power of the City and the Agency to acquire any Public Improvement by
the power of eminent domain or any other lawful means;
(d) to sue and be sued in its own name;
(e) to issue Bonds and otherwise to incur debts, liabilities or obligations;
provided, however, that no such Bond, debt, liability or obligation shall constitute a debt,
liability or obligation of the City, the Agency or any Financing Authority; "
(f) to apply for, accept, receive and disburse grants, loans and other assistance
from any agency of the United States of America or of the State of California;
(g) to invest any money in the treasury pursuant to Section 6505.5 of the Act
which is not required for the immediate necessities of the Authority, as the Authority determines
is advisable, in the same manner and upon the same conditions as local agencies, pursuant to
Section 53601 of the Government Code of the State of California;
(h) to apply for letters of credit or other form of financial guarantees in order to
secure the repayment of Bonds and enter into agreements in connection therewith;
(i) to carry out and enforce all the provisions of this Agreement;
r:~ityatty\OTW'JPA ~-
(j) to make and enter into Bond Purchase Agreements and any other agreements,
assignments and documents of any nature whatsoever as may be necessary or convenient in the
exercise of its powers hereunder or under the Act;
Oc) to purchase Obligations of or to make loans to the City, the Agency or any
Financing Authority for the purposes hereof, or to retinanee indebtedness incurred by the City,
the Agency or any Financing Authority in connection with any of the purposes hereof; and
(1) to exercise any and all other powers as may be provided in the Act or in the
Section 4.04. Restrictions on Exercise of Powers. The powers of the Authority shall be
exercised in the manner provided in the Act and in the Bond Law, and, except for those powers set
forth in the Bond Law, shall be subject (in accordance with Section 6509 of the Act) to the
restrictions upon the manner of exercising such powers that are imposed upon the City in the
exercise of similar powers.
Section 4.05. Obligation~ of Authority. The debts, liabilities and obligations of the
Authority shall not be the debts, liabilities and obligations of the City, the Agency or any
Financing Authority.
Section 4.06. Non-Liability for Obligations of Authority. No Member, Director, officer,
agent or employee of the Authority shall be individually or personally liable for the payment of
the principal of or premium or interest on any obligations of the Authority or be subject to
any personal liability or accountability by reason of any obligations of the Authority; but
nothing herein contained shall relieve any such Member, Director, officer, agent or employee
from the performance of any official duty provided by law or by the instruments authorizing
the issuance of any obligations of the Authority.
ARTICLE V
CONTRIBUTIONS; ACCOUNTS AND REPORTS; FUNDS
Section 5.01. Contributions. The Members may in the appropriate circumstance when
required hereunder: (a) make contributions from their treasuries for the purposes set forth herein, Co)
make payments of public funds to defray the cost of such purposes, {c) make advances of public
funds for such purposes, such advances to be repaid as provided herein, or (d) use its
personnel, equipment or property in lieu of other contributions or advances. The provisions
of Government Code Section 6513 are hereby incorporated inW this Agreement by reference.
Section 5.02. Accounts and Reports. To the extent not covered by the duties assigned to a
trustee chosen by the Authority, the Treasurer shall establish and maintain such funds and accounts as
may be required by good accounting practice or by any provision of any trust agreement
entered into with respect to the proceeds of any Bonds issued by the Authority. The books
r:\cityaUy\OTWJPA -7-
and records of the Authority in the hands of a trustee or the Treasurer shall be open to
inspection at all reasonable times by representatives of the Members. Within 180 days after
the close of each Fiscal Year an annual report of all financial activities for such Fiscal Year
shall be presented to the Members, to the extent such activities are not covered by the report
of such trustee. The trustee appointed under any indenture or trust agreement shall establish
suitable funds, furnish financial reports and provide suitable accounting procedures to carry
out the provisions of said trust agreement. Said trustee may be given such duties in said
indenture or Umst agreement as may be desirable to carry out this Agreement.
Section 5.03. F~:nd~. Subject to the applicable provisions of any instrument or agreement
which the Authority may enter into, which may provide for a trustee to receive, have custody of
and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of
and disburse Authority funds as nearly as possible in accordance with generally accepted
accounting practices, and shall make the disbursements required by this Agreement or to
carry out any of the provisions or purposes of this Agreement.
Section 5.04. Annual Budget and Administrative Expenses. The Board may adopt a budget
for administrative expenses, which shall include all expenses not included in any financing issue
of the Authority, on or about iuly 1st of each year. The estimated annual administrative
expenses of the Authority shall be allocated in such budget by the Authority to the Members
and/or any Financing Authority in such proportion as the Board shall determine. In the
absence of any such determination such allocation shall be made and charged to each
Financing Authority in proportion to the principal mount of Bonds of each such Financing
Authority purchased by the Authority.
Section 6.01. Term. This Agreement shall become effective, and the Authority shall come
into existence, on the date of execution and delivery hereof, and this Agreement and the Authority
shall thereafter continue in full force and effect for at least forty (40) years (unless earlier
terminated by the Members and any then Associate Members), but in any event so long as
either (a) any Bonds remaining outstanding or any material contracts to which the Authority
is a party remain in effect, or (b) the Authority shall own any interest in any Public
Improvements.
Section 6.02. Disposition of Assets. Upon termination of this Agreement, all property of
the Authority, both real and personal, shall be conveyed to the City.
r:\citystty\OTV~PA -g-
ARTICLE VII
MISCELLANEOUS PROVISIONS
Section 7.01. Notices. Notices hereunder shall be in writing and shall be sufficient if
delivered to the notice address of each party hereto for legal 'notices or as otherwise provided by a
party hereto in writing to each of the other parties hereto.
Section 7.02. Section Headings. All section headings in this Agreement are for
convenience of reference only and are not to be construed as modifying or governing the language in
the section referred to or to define or limit the scope of any provision of this Agreement.
Section 7.03. Consent. Whenever in this Agreement any consent or approval is required, the
same shall not be unreasonably withheld.
Section 7.04. Law Governing. This Agreement is made in the State of California under
the Consttimtion and laws of the State of California, and is to be so construed.
Section 7.05. Amendments. This Agreement may be mended at any time, or from time to
time, except as limited by contract with the owners of Bonds issued by the Authority or by
applicable regulations or laws of any jurisdiction having authority, by one or more
supplemental agreements executed by both of the parties to this Agreement either as required
in order to carry out any of the provisions of this Agreement or for any other purpose,
including without limitation addition of new parties (including any legal entities or taxing
areas heretofore or hereafter created) in pursuance of the purposes'of this Agreement.
Section 7.06. Enforcement by Authority. The Authority is hereby authorized to take any or
all legal or equitable actions, including but not limited to injunction and specific performance,
necessary or permitted by law to enforce this Agreement.
Section 7.07. Severability. Should any part, term or provision of this Agreement be
decided by any court of competent jurisdiction to be illegal or in conflict with any law of the
State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the
remaining portions or provisions shall not be affected thereby.
Section 7.08. Successors. This Agreement shall be binding upon and shall inure to the
benefit of the successors of the City or the Agency, respectively. Neither the City nor the Agency
may assign any right or obligation hereunder without the written consent of the other.
r:\cityany\OTWJPA -9-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and
attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed,
on the day and year set opposite the name of each of the parties.
CITY OF TEMECULA
Dat~: September 12, 1995
Jeffrey E. Stone, Mayor
ATTEST:
By:
June S. Greek, CMC,
City Clerk
[SEAL]
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
Date: September 12, 1995
Ronald J. Parks, Chairperson
ATTEST:
By:
June S. Greek, CMC, Agency
Secretary/City Clerk
[SEAL]
r:~:ityalty~OTWIPA -10-
'cJ5 18:37 RT'&T FI:~ ~
P.Z/4
Old Town/Westside Cammmdty F..,.ni..,- Distzict Fmandn8 Authod[T
Community Fo,r.ntn..~'Dlstzkt No. 1
(Old Town Azea l'ublic lmpfovr~ents)
THIS DEPOSIT/~~ AG~ (the =Agreement") is by and
between th~ City of Temeaxla (tl~ , on behalf of ti~ Old Town/VVestslde
Faci~fie. DIstrict Ph'~,netug Authorl~ 'AntharRy") Community Facilities District No. 1
(Old Town Area Public lmprovema~) (the 'CFEY), and T.Z.B.G., Inc., a Calibznla corporation
(the
WITNESSETH:
costs of the Authority, the City and the AgeW/in forming the Auffiarlty and _analyzing the
suance af bonds for the CFD, provided tht such/unds so advancai are reimbursed to the
Company fzom the proceeds afany bonds issued by the Authorlty fm-the CFD; and
· WHEREAS, the CI~ and the Comlxmy now desire to specify the terms of said deposit
NOW, THEREFORE, in consid6atien of the foregoing and the mut~ml eovenanb set
forth herein, and for other consideration the receipt and sufficiency of which is hereby
admowi~ged, the paz8~ hereto agree as foliowe:
Section 1. The Deposit: Addltiov-I Advances. The Company has Fovided to the City'
Costs"), said amount having been heretofore delivered by the Company to the Finance Director '*
of the City. The City, by its execution hereof, sr. knowled~es ~ceipt of the Deposit. Tl~
Deposit may be comminBled with other funds of the City for purposes o~ investment and
safekeeping, but ~e City shall at all times maintain records as to the expenditure of the
Deposit.
The Company hereby agzees to advance any additional amounts necessary to pay any
tial Costs incurred by the City, the Agency or the Authority, in excess of the amount of the
and, collectively with ~:, the sits"), ~ not exceed $100,000 without the prior
written consent of the Company. N:~i the f~r 0ing, the Fm Directoz may
dbect City staff a_rd consultants to cease all work zetated to~ffi~ issuance of the Bonds and/or
the fozmation of the Authority and the CFD until any addit~nal amount ~o tiehunted has been
edbye C_ .
SEP 87 'cJ5 18:38 RT~T FRX 9835FX P.3/4
(such as enB;tneedn8, legal counsP./, ~..b,m.g the ..City ,Utozn~, .a~enc7 spedal cou.qsel,
~r~nri-g and special tax consullants); 0t) the coels ot a ntisa]s, nunket absoz~tion and
in connection with the Bonds; Oil) costs of F,bnr~4on of notices ep~ and mailing of
bantus and other costs related to any ,b,.H,, with respect to the ~. the rdte and method of
(iv) and all ~ actual costs and expenses incurred by the C. ity with respect to the
(b) -If the Bonds are issued under the Act by the Authozfiy secured by special taxes
ma!tpon the land within the CFD, the Authority shall provide for reimbursement to the
_Company, wiehot~ triterest, of all atnounts agntnst the Deposits, said ~ to
· solely from the eeds of the ~c~d~ only to tim extent otherwise tted
or ~ Attthoz~ o~ that ~ City, the Agelicy or 'the A:lxthoxity ilt otherlviBe comndtted to pay,
which costs would be subject to payment under Section 2(a) above, but have not yet been so
(c) If the Bonds ate not issued, the Finan~ ~ of the City ~ ~ ten (10)
business days after adoption of the resolution stating the intent of the Authority to ternirate'
proceedings under the Act with respect to the issuance of the Bonds, return the then
unexpended osits to the Company, without interest, less an amount equal to any costs
tnam~ by ~De~, the' Agency or the Authority or that the City, the Agency or the Authority
is otherwise committed to pay, which costs would be subject to payment under Section 2(a)
above but have not yet been so paid by the City.
Section 3. Reimbursement of Other Co Costs. Nothing contained herein shad
pro t rdmbuneuumt d other costs and ~mPa~tl~ Corn L, xcun-ed in connection with
counsel to the Company. Any such relmlmraeme~ shall be made solely fro~nex~P~s of
the Bonds and only to the extent otherwise permitted under the *Ac~ and othenvise provided ..
for, at the zeasonable discretion d the Authority, in the proceedings fo~ the issuance af the
Bonda.
Section 4. Agreement Not Debt or TJ~_hUSty of City. Agency or Aufhnrtty. It is hereby
acimowled ed and agreed that t,his .j~ee~_eat b aot a debt or .-hmty of the CUT, the
linhleheretznderothertbanto rettlrll the~al~iunconinl~edportions
as provided in Section 2 above and provide an atr. ounfi~ trader Section 7 below. TIm C~, the
employ. or agent of the City, t%e Agency or the Authority shall to any Extent be pemonaIly
2
S~P ~ '~ 10:39 AT&T FRX ~35FX P.4/4
Section 6.' Sever~bility. I~ any part cd this Agreement is held to !/e ~egal or
unenbzceable by a court o/competent ~ion, the remainde~ of this Agreement shall b~
of moneys expended under this Agreement, within ten (10) b, aln_,~_ days of receipt by the
Finance Director of the City of a written request therefor submitted by an authorized officer of
the Company. No more than one accounting will be provided in any calendar month and the
cost of providing the ~eotmting shall be charged to the Deposits.
Section 9. counterpnrts. This Agreement may be exeaxt~ in counterparts, each of
whichshllbedeemetan~
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day
and year wriiten along,aide their dgnamre line below.
· COMPANY: T.Z.B.G., INC.,
a California corporation
Executed on:
September ,1995
CITY: CFI'Y OF TEMECIILA, on behalf of
the Old Town/Weststde Conmmntty
~ Diskict Financing Authatit'y
Community Facilities District 1 (Old Town
Area Public Improvements)
Executed on:
September __,, 1995
BT:
OLD TOWN WESTSIDE
COMMUNITY FACILITIES DISTRICT
FINANCING AUTHORITY
ITEM 1
APPROVAL
CITY ATTORNEY
FINANCE OFFI~~
CITY MANAGER
OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT
FINANCING AUTHORITY
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
Authority Members =
Ronald E. Bradley, City Manager
September 12, 1995
Financings for Old Town Area Public Impro~/ements and the Western
Bypass Corridor
RECOMMENDATION: That the Old Town/Westside Community
Financing Authority approve the respective resolutions described below.
Facilities District
Adopt a resolution entitled:
RESOLUTION NO. FA 95-
A RESOLUTION OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES
DISTRICT FINANCING AUTHORITY ADOPTING LOCAL GOALS AND POLICIES
FOR COMMUNITY FACILITIES DISTRICTS.
Adopt a resolution entitled:
RESOLUTION NO. FA 95-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWNRVESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT NO. 1
AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE
MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982.
3. Adopt a resolution entitled:
RESOLUTION NO. FA 95-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT RNANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. I (OLD TOWN AREA PUBLIC
IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES
· ACT OF 1982.
Adopt a resolution entitled:
RESOLUTION NO. FA 95-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT NO. 2
AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE
MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982.
Adopt a resolution entitled:
RESOLUTION NO. FA 95-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 2 (WESTSIDE AREA PUBLIC
IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES
ACT OF 1982.
BACKGROUND: On August 31, 1995, the City and Redevelopment Agency of the City
of Temecula approved and entered into an Owner Participation Agreement with T.Z.B.G., Inc.
("T.Z.B.G.") which contemplated the construction of various public improvements in the Old
Town area of the City and the construction of the Western Bypass Corridor. The Owner
Participation Agreement provides for the financing of some of the Old Town area public
improvements, at the election of T.Z.B.G., by means of a community facilities district, and the
financing of the Western Bypass by means of an assessment district.
T.Z.B.G. has requested that a community facilities district be formed to finance the specified
improvements in the Old Town area, and has agreed to pay all City out of pocket expenses
in connection with such financing. In addition, T.Z.BoG. has requested that actions be taken
to assure that the Western Bypass improvements will be funded, pending completion of the
necessary assessment financing proceedings. City staff, with the advise of the City's
consultants, have recommended that various actions be taken in order to assure completion
of the improvements and financings referenced in the Owner Participation Agreement.
FINANCING STRUCTURE: Jones Hall Hill & White, the City's Bond Counsel for the
financings, has recommended that the City and the Agency form two new joint exercise
powers authorities in order to conduct the proceedings necessary to complete the financings.
Under California law, a joint exercise of powers authority is a separate legal entity from the
public agencies that create it, and its debt and liabilities are not those of the public agencies
that create it.
It is proposed that the City and the Redevelopment Agency form the Old Town/Westside
Improvement Authority (the "Improvement Authority"), which Would sell tax-exempt bonds
to the public in an amount sufficient to finance both the Old Town improvements to be
completed by T.Z.B.G., as referenced in the Owner Participation Agreement, and the Western
Bypass improvements. The bonds would be sold only when it is assured that T.Z.B.G. will
have available all monies necessary to complete the Entertainment Facilities contemplated by
the Owner Participation Agreement. In this manner, the City and T.Z.B.G. will both be assured
that the entire project and all necessary public infrastructure improvements will be funded, and
construction of the Entertainment Facilities and necessary infrastructure improvements can
commence as necessary to ensure timely completion of the entire project.
Because the Improvement Authority will be a separate legal entity from the City and the
Redevelopment Agency, no funds or assets of the City or the Redevelopment Agency will be
liable for the repayment of any bonds issued by the Improvement Authority. Rather, the bonds
will be secured solely by real estate owned by T.Z.B.G. and all debt services will be the
responsibility of T.Z.B.G. The joint exercise of powers agreement that creates the
Improvement Authority provides that the City Council members will act as the Board of
Directors of the Improvement Authority, so that they can control all aspects of any bond
issues by the Improvement Authority.
The proposed financing structure includes the formation of a second joint exercise of powers
authority by the City and the Redevelopment Agency, designated the Old Town/Westside
Community Facilities District Financing Authority (the "CFD Financing Authority"). The CFD
Financing Authority will also be a separate legal entity from the City and Redevelopment
Agency, and they will have no liability for its debts or obligations. The City Council will act
as the Board of Directors of the CFD Financing Authority.
The CFD Financing Authority will form two separate community facilities districts, one for the'
financing of the Old Town area public improvements to be completed by ToZ. B.G., as
referenced in the Owner Participation Agreement, and the other to assure that the Western
Bypass improvements will be completed in the event that the City assessment district
referenced in the Owner Participation Agreement cannot, for any reason, be completed. The
two community facilities districts, when ultimately formed by the CFD Financing Authority,
will only encompass property to be owned by T.Z.B.G. Thus, any bonds issued by the
authority will be secured solely by T.Z.B.G. property and debt service is T.Z.B.G.'s sole
responsibility.
It is expected that the proceeds of the sale of the Improvement Authority's bonds will be used
to purchase bonds issued by the CFD Financing Authority for the Old Town Community
Facilities District, and, when completed, the assessment district bonds to be issued by the City
for the Western Bypass improvements. The principal and interest payable on those two bond
issues will provide the funds necessary to pay the principal and interest on the Improvement
Authority's bonds. If for any reason the assessment bonds are not issued by the City as
expected, the corresponding portion of the proceeds of the Improvement Authority's bonds
will instead be used to purchase the CFD Financing Authority's bonds issued for the Western
Bypass improvements. Thus, if the City assessment bonds are issued and purchased, as
expected, the CFD Financing Authority's Western Bypass community facilities district will not
be needed and will be dissolved. If, however, the assessment bonds are not ultimately issued
by the City, the Western Bypass community facilities district bonds will be issued by the CFD
Financing Authority and purchased by the Improvement Authority.
The proposed financing structure will assure that even if the City's proposed assessment
district is not completed at the time the entertainment facilities are financed, the Western
Bypass improvements will be funded at the time that the money is raised (i) by the
Improvement Authority to complete the Old Town area public improvements, and (ii) by
T.ZoB.G. to complete the Entertainment Facilities. In addition, the proposed financing structure
will ensure that neither the City nor the Redevelopment Agency is ever responsible for the
repayment of the debt issued to finance the Old Town area public improvements to be
completed by T.Z.B.G. Finally, only properties owned by T.Z.B.G. will be taxed to pay for
such Old Town area improvements, and only properties owned by T.Z.B.G. will be taxed or
assessed to pay for these improvements.
SPECIFIC ACTIONS: In order to begin the process to implement the financing structure
described above, the following actions must occur: "
The City and the Redevelopment Agency each must consider the adoption of
a resolution authorizing them to enter into joint exercise of powers agreements
to create the Old Town/Westside Improvement Authority and the Old
Town/Westside Community Facilities District Financing Authority.
Following the adoption of their respective resolutions, the appropriate officers
of the City and the Redevelopment Agency must execute the two joint exercise
of powers agreements.
The City will then authorize the execution of a Deposit/Reimbursement
Agreement between the City and T.Z.B.G. providing for reimbursement of all
costs in connection with issuance of bonds by the Old Town/Westside
Community Facilities District Financing Authority.
The Old Town/Westside Community Facilities District Financing Authority will"
then consider adoption of a resolution adopting local goals and policies for
Mello-Roos districts. Under applicable State law, a new community facilities
district cannot be formed unless the entity which forms it has first adopted local
goals and policies which satisfy certain requirements of law. The suggested
local goals and policies only pertain to the specific financings contemplated by
the Owner Participation Agreement, and would not apply to any community
facilities district that may be created in the future by the City.
The Old Town/Westside Community Facilities District Financing Authority must
then consider adoption of two resolutions of intention relative to the Old Town
area public improvements, and two resolutions of intention relative to the
Western Bypass improvements. These resolutions call for public hearings on
October 17 on the formation of the respective community facilities districts and
the issuance of bonds for the districts, and otherwise set forth a description of
the improvements to be financed, the method by which special taxes will be
levied to repay the debt incurred to complete the financing, the maximum
principal amount of the debt, the employment (at the expense of T.Z.BoG.), of
bond counsel and a special tax consultant to assist the City in forming the
community facilities districts, and the approval of other matters related thereto.
The boundary maps for the two proposed CFD's referenced in the resolutions
contain all parcels that may be included in the CFD's, and will be revised on
October 17 to include only parcels owned, optioned or otherwise controlled by
T.Z.B.G. No property owner other than T.Z.B.G. will be required to participate
in either of the community facilities districts.
FISCAL IMPACT: T.Z.B.G. has agreed to pay all out of pocket expenses incurred relative
to the proposed financings. Costs of issuance of the proposed bond issues will be paid from
the proceeds of the bonds to be issued by the joint exercise of powers authority. All annual
costs of administering the bond issues will be paid by special taxes or assessments levied on
the properties in the financing districts owned by T.Z.B.G. ;
Neither the City nor the Redevelopment Agency will have any responsibility for the repayment
of any bonds issued by the Old Town/Westside Improvement Authority or the Old
Town/Westside Community Facilities District Financing Authority.
Attachments:
Resolutions
Local Goals and Policies for Community Facilities Districts
Proposal to prepare Tax Formula and Special Tax Consultant's Certificate
Agreement for Bond Counsel Services .
RESOLUTION NO. FA
A RESOLUTION OF THE OLD TOWN/WESTSIDE COMMUNITY
FACILITW_S DISTRICT FINANCING AUTHORITY ADOPTING LOCAL
GOALS AND POLICIES FOR COMMUNITY FACIL1TIF_.S DISTRICTS
WHEREAS, Section 53312.7(a) of the California Government Code requires that the
Board of DirecWrs of the Old Town/Westside Community Facilities District Financing
Authority (the "Authority') consider and adopt local goals and policies for community
facilities districts ('CFDs') prior to the initiation of proceedings by the Authority to establish
a CFD under the provisions of Chapter 2.5 of Pan 1 of Division 2 of Tifie 5 of the
California Government Code (the 'Act'); and
WHEREAS, this Board of Directors intends to consider the'.establishment of CFDs
related to the financing of public improvements in the Old Town and Westside areas of the
City of Temecula, and desires at this time to adopt local goals and policies for CFDs so that
it may commence proceedings for establishing a community facilities districts to finance
public infrastructure improvements in such areas; and
WHEREAS, Authority staff has caused to be prepared a draft of goals and policies '-
for CFDs of the Authority (the "Goals and Policies"), the form of which is on fie with the
Secretary, and this Board of Directors has duly considered said Goals and Policies.
NOW, THEREFORE, BE IT RESOLVED, by the Board'of Directors of the Old
Town/Westside Community Facilities District Financing Authority that the Goals and
Policies, in the form on file with the Secretary, are hereby adopted as the local goals and
policies of the Authority for CFDs, and are intended to meet the requirements of Section
53312.7(a) of the Act.
PASSED, APPROVED AND ADOFFFI}, by the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority at a regular meeting held
on the 12th day of September, 1995.
Jeffrey E. Stone, Chairperson
ATTEST:
June S. Greek, CMC
Secretary
Re~o~\77 -1-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution No. 95- was duly adopted at a regular meeting of the
Board of Directors of the Old Town/Westside Community Facilities District Financing
Authority on the 12th day of September, 1995, by the following roll call vote:
AUTHORIT~VIBERS:
NOES:
ABSENT:
AUTHORITYME1VIBERS:
AUTHORITYMEMBERS:
June S. Greek, CMC, Authority Secretary/
City Clerk
Resos\T'/ -2-
OLD TOWN/WESTSIDE COMMUNITY FACILITIES
DISTRICT FINANCING AUTHORITY
LOCAL GOALS AND POLICIES FOR
COMMUNITY FACILITIES DISTRICTS
(Adopted September 12,1995)
I. IIVrRODUCTION. Section 53312.7(a) of the Cnlifornia Government Code requires that the Old
Town/Westside Community Facilities District Financing Authority (the "Authority') consider
and adopt local goals and policies coheeming the use of the Mello-Roos Community
Facilities Act of 1982 (the 'Act"), prior to the initiation of proceedings on or after January
1, 1994 to establish a new community facilities district ("CFD") under the Act. The
following goals and policies are intended to meet the minimum requirements of the Act, and
may be mended or supplemented by resolution of the Board of Directors of the Authority at
any time.
H. GOALS. The Authority will consider the use of the Act for financing public facilities and
services only in connection with public infrastructure improvements in the Old Town and Westside;
areas of the City of Temecula, and as otherwise referenced in an owner participation agreement
to which the Redevelopmerit Agency of the City of Temecula is a party (an "OPA"). Any
request for a CFD which is not integral to the installation of public improvements in such
areas, and the financing of which is not otherwise referenced in an OPA, will require
amendment of these goals and policies, and will be considered on a case by case basis.
ALl Authority and noncontingent consultant costs incurred in the evaluation and establishment
of new CFDs wffi be paid by the proponents of the CFD. The Authority shall use all
reasonable efforts not incur any expense for processing a CFD which are not eligible to be
reimbursed from CFD bond proceeds. Expenses incurred by the Authority that are not
chargeable to the CFD shatl be borne by the proponent of the CFD.
IH. ELIGIBLE PUBHC FACILITIES AND SERVICES. The improvements eligible to be
financed by a CFD must be owned by a public agency or public utility, and must have a useful life of
at least five (5) years, except that up to five percent of the proceeds of an issue may be used
for facilities owned and operated by a privately-owned public utility. The improvements
must be consistent with any relevant specific plan approvals. A CFD shall not vest any
fights to future land use on any properties, including those which are responsible for paying
special taxes.
The list of public facilities eligible to be financed by a CFD include, but are not limited
to, the following:
· Freeway Offramps
· Street Improvements
· Street lighting
· Traffic .signals and safety lighting
· Landscaping in public right-of-ways
· Governmental facilities
· Sanitary sewer facilities
· Storm drain facilities
· Flood control facilities
· Potable and reclaimed water facilities
· Utility relocations
· Elementary and secondary school sites and
facilities
· Libraries
· Public utilities
· Police and fire protection facilities
· Public parking structures
· Cultural facilities
· Child care facilities
· Parks and recreational facilities
The funding of public facilities to be owned and operated by publiC' agencies other than the
Authority shall be considered on a ease-by-case basis. ff the proposed facilities are
appropriate for financing by a CFD and are consistent with approved land use plans for the
property, the Authority shall consider entering into a joint financing agreement in order to
finance these facilities. A joint agreement with the public agency that will own and operate
any such facility must be entered into prior to the adoption of the resolution of formation
relating to the formation of any CFD.
The Authority will consider on a case-by-case basis CFDs established for the provisions of
services eligible to be funded under the Act. Eligible services are as specified in the Act.
IV. PRIORITIES FOR CFD FINANCING. Priority for CFD financing shall be given to public
facilities which: (a) are necessary for development in the Old Town and the Westside areas of the
City and otherwise referenced in an OPA, or (b) are otherwise incident to development or
redevelopment in such areas.
V. CREDIT QUALITY REQUIREMENTS FOR CFD BOND ISSUES. All CFD bond issues
should have at least a three to one property value to public lien ratio after calculating the value of the
financed public improvements to be installed and any private improvements for which
financing is reasonably assured, unless the Board of Directors of the Authority finds and
determines that the proposed bonds do not present any unusual credit risk or, by a four-fifths
vote, that the proposed bond issue should proceed for specified public policy reasons.
Property value may be based on either an appraisal or on assessed values as indicated on the
county assessor's tax roll. Any appraiser shall be selected by the Authority (or the City of
Temecula on behalf of the Authority), and the appraisal shall be based on standards
determined applicable by Authority staff and consultants. The appraisal must be dated within
six months of the date the bonds are issued. The public lien amount shall include the bond
issue currently being sold plus any public indebtedness secured by a fixed lien on real
property currently existing against the properties to be taxed.
2
A reserve fund equal to the lesser of (i) ten percent of the original proceeds of the bond
issue, (ii) the maximum annual debt service on the bonds, or Cxii) one hundred twenty-five
percent of the average annual debt service on the bonds is considered as appropriate for any
bond issue where less than seventy-five percent of the buildable acreage has been developed.
A smaller reserve fund may be appropriate for bond issues in CFDs where over seventy-five
percent of the buildable acreage has been developed. The reserve fund may be maintained
by or on behalf of a public financing authority, if such an authority purchases the CFD
bonds, and need not be held under the fiscal agent agreement pursuant to which the CFD
bonds axe issued. Less than a three to one property value to public lien ratio, excessive tax
delinquencies, or projects of poor economic viability may cause the Authority to disallow the
sale of bonds or require credit enhancement prior to bond sale.
If the Authority requires letters of credit or other security in connection with the issuance of
bonds for a CFD, the credit enhancement shall be issued by an institution, in a form and
upon terms and conditions satisfactory to the Authority. Any security required to be
provided may be discharged by the Authority upon the opinion of a qualified appraiser,
retained by the Authority, that a value-to-lien ratio of three to one has been attained. As an
alternative to providing other security, a portion of the bond proceeds may be placed in
escrow with a corporate agent in an mount sufficient to assure a value-to-lien ratio of at
least three to one on the outstanding proceeds, or other appropriate release requirements.
VI. DISCLOSURE REQUIREMENTS FOR PROSPECTIVE PROPERTY PURCHASERS.
A. Disclosure Requirements for Developers. Developers who are selling lots or
parcels that are within a CFD shall provide disclosure notice to prospective purchasers that
complies with all of the requirements of Section 5334 1.5 of the Government Code. The
disclosure notice must be provided to prospective purchasers of property at or prior to the
time the contract or deposit receipt for the purchase of property is executed. Developers
shall keep an executed copy of each disclosure document as evidence that disclosure has been
provided to all purchasers of property within a CFD.
B. Disclosure Requirements for the Resale of Lots. The Treasurer of the Authority shall
provide a notice of special taxes to sellers of property (other than developers) which will enable them
to comply with their notice requirements under Section 1102.6 of the Civil Code. This notice shall
be provided by the Treasurer of the Authority within five working days of receiving a written
request for the notice, unless otherwise permitted under the Act. A reasonable fee may be
charged for providing the notice, not to exceed any maximum fee specified in the Act.
VH. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES. Special
tax formulas for CFDs shall provide for minimum special tax levels which satisfy the following
expenses of a CFD: (a) 110 percent gross debt service coverage for all CFD bonded
indebtedness, (b) the projected administrative expenses of the CFD, and (c) mounts equal to
the differences between expected earnings on any escrow fund and the interest payments due
on bonds of the CFD. Additionally, the special tax formula may provide for the following:
(a) any amounts required to establish or replenish any reserve fund established in association
with the indebtedness of the CFD, (b) the accumulation of funds reasonably required for
future debt service, (c) mounts equal to pwjeeted delinquencies of special tax payments, (d)
the costs of remarketing, credit enhancement and liquidity facility fees, (e) the cost of
acquisition, construction, furnishing or equipping of facilities, (f) lease payments for existing
or future facilities, (g) costs associated with the release of funds from an escrow account, and
(h) any other costs or payments permitted by the Act and applicable law.
The special tax formula shall be reasonable and equitable in allocating public facilities' costs
to parcels within the CFD, unless otherwise agreed to by at least a majority of the property
owners to be subject to the special tax. Exemptions from the special tax may be given to
parcels which are publicly owned, are held by a property owners' association, are used for a
public purpose such as open space or wetlands, are affected by public utility easements
making impractical their utilization for other than the purposes set forth in the easements, or
have insuffwient value to support bonded indebtedness.
The total projected property tax levels for any CFD shall not exceed any maximum specified
in the Act. The annual increase, if any, in the maximum special tax for any parcel shall not
exceed any maximum specified in the Act. The increase in the special tax levied on any
parcel as a consequence of delinquency or default by the owner of any other parcel shall not
exceed any maximum specified in the Act.
The Authority (or the City on behalf of the Authority) shall retain a special tax consultant to
prepare a report which: (a) recommends a special tax for the proposed CFD, and (b)
evaluates the special tax proposed to determine its ability to adequately fund identified public
facilities, Authority administrative costs, services (if applicable) and other rehted
expenditures. Such analysis shall also address the resulting aggregate tax burden of all
proposed special taxes plus existing special taxes, ad valorera taxes and assessments on the
properties within the CFD.
'VIII. APPRAISALS. The definitions, standards and assumptions to be used for appraisals shall be
determined by Authority staff on a case-by-case basis, with input from Authority consultants and CFD
proponents, and by reference to relevant materials and information promulgated by the State of
California. In any event, the value-to-lien ratio shall be determined based upon an appraisal
by an independent MAI appraiser of the proposed CFD. The appraisal shall be coordinated
by and under the direction of the Authority (or the City on behalf of the Authority). All
costs associated with the preparation of the appraisal report shall be paid by the proponents
of the CFD through an advance deposit mechanism, or from unencumbered funds of the
Authority. The Authority shall have discretion to retain a consultant to prepare a report to
verify market absorption assumptions and projected sales prices of the properties which may
be subject to the maximum special tax in the CFD.
IX. TERMS AND CONDITIONS OF BONDS. All terms and conditions of any CFD bonded
indebtedness shah be established by the Authority, after consultation with the Authority's
consultants, City staff and the proponents of the CFD. The Authority will control, manage
and invest, or cause to be controlled, managed and invested, all CFD bond proceeds. Each
bond issue shall be structured so as to minimize any impact on the bonding capacity or any
credit rating of the Authority or the City.
All statements and material related to the sale of bonds shall emphasize and state that neither
the faith, nor general credit of the Authority or the City is pledged to security or repayment
of the bonds. The sole source of pledged revenues to repay CFD bonds shall be the special
taxes, bond proceeds and reserve funds held under the bond document, and the proceeds of
foreclosure proceedings and additional security instruments provided at the time of bond
issuance, unless otherwise specifically agreed to in writing by the Authority.
X. CFD INITIAL COSTS. All Authority and consultant costs incurred in the evaluation of
CFD applications and the establishment of CFDs will be paid by the proponents of the CFD
by advance deposit increments, or from unencumbered funds of the Authority. The
Authority shall use reasonable efforts not to incur any non-reimbursable expenses for
processing and administering CFDs. In general, expenses not chargeable to the CFD shall
be direc~y borne by the proponents of the CFD. :
XI. USE OF CONSULTANTS. The Authority (or the City on behalf of the Authority) shall
select all consultants necessary for the formation of the CFD and the issuance of bonds,
including the underwriter(s), bond counsel, financial advisors, appraiser, market absorption
study consultant and the special tax consultant, after reasonable consultation with the
proponents of the CFD. Prior consent of any proponent of a CFD shall not be required in
the determination by the Authority of the consulting and financing team.
XII. EXCEPTIONS TO THESE POLICIES. The Authority may find that a waiver of any of
the above stated policies is reasonable given identified Authority benefits to be derived from
such waiver. Such waivers only will be granted by action of the Board of Directors of the
Authority.
RESOLUTION NO, FA 95-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLn
TOWN/WESTSIDE COMMUNITY FACH,FrlES DISTRICT FINANCING
AUTHORITY OF INTENTION TO ESTABLT,qH A COMMUNITY FACH~rrlES
DISTRICT NO, 1 AND TO AUTHO1HzE THE LEVY.OF SPECIAL TAXES
PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF
1982
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as mended
(the 'Act"), Chapter 2.5 of Pan 1 of Division 2 of Title 5, commencing at Section 53311, of
the California Government Code, this Board of Directors of the Old Town/Westside
Community Facilities District Financing Authority (the ' Authority") is authorized to establish
a community facilities district and to act as the legislative body for a community facilities
district; and
WHEREAS, this Board of Directors now desires to proceed with the establishment of
a community facilities district (the "District") in order to finance costs of public
infrastructure necessary or incident to development in the Old Town area of the City of
Temecula (the "City").
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority as follows:
1, This Board of Directors proposes to conduct proceedings to establish a community
facilities district pursuant to the Act,
2. The name proposed for the District is Old Town/Westside Community Facilities
District Financing Authority Community Facilities District No, 1 (Old Town Area Public
Improvements),
3. The proposed boundaries of the District are as shown on the map of the District
on fde with the Secretary, which boundaries are hereby preliminarily approved and to which
map reference is hereby made for further particulars. The Secretary is hereby directed to
record, or cause to be recorded, said map of the boundaries of the District in the office of
the County Recorder within fifteen days of the date of adoption of this Resolution, but in any
event at least fifteen days prior to the public hearing referred to in paragraph 10 below.
4. The type of public facilities proposed to be financed by the District and pursuant
to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this
reference incorporated herein (the "Facilities"). The Board of Directors hereby finds and
determines that the public interest will not be served by allowing the property owners in the
District to enter into a contract in accordance with Section 53329.5(a) of the Act.
R,,o~\79 -1-
Notwithstanding the foregoing, the District may enter into one or more contracts directly
with any of the property owners with respect to the construction of the Facilities.
The Executive Director of the Authority is hereby authorized and directed to enter into joint
community facilities agreements with any entity that will own or operate any of the
Facilities, as determined by bond counsel to be necessary to comply with the provisions of
Section 53316.2(a) and Co) of the Act. The Board of Directors of the Authority hereby
declares that such joint agreements will be beneficial to residents in the area of the District.
5. Except to the extent that funds are otherwise available to the District to pay for
the Facilities and/or the principal and interest as it becomes due on bonds of the District
issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by
recordation of a continuing Hen against all non-exempt real property in the District, will be
levied annually within the District, and collected in the same manner as ordinary ad valorera
properly taxes or in such other manner as this Board of Directors or its designee shall
determine, including direct billing of the affected property owners. The proposed rate and
method of apportionment of the special tax among the parcels of real property within the
District and the interests in those parcels, in sufficient detail to allow each landowner within
the proposed District to estimate the maximum mount such owner will have to pay, are
described in Exhibit B attached hereto and by this reference incorporated herein.
This Board of Directors hereby funds that the provisions of Section 53313.6, 53313.7 and
53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools
financed by a community facilities distric0 are inapplicable to the District.
6. It is the intention of this Board of Directors acting as the legishtive body for the
District to cause bonds of the Authority to be issued for the District pursuant to the Act to
finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal
amount of not to exceed $12,500,000, shall bear interest payable semi-annually or in such
other manner as this Board of Directors shall determine, at a rate not to exceed the maximum
rate of interest as may be authorized by applicable law at the time of sale of such bonds, and
shall mature not to exceed 40 years from the date of the issuance thereof.
7. The levy of said proposed special tax shall be subject to the approval of the
qualified electors of the District at a special election. The proposed voting procedure shall
be by mailed or hand-delivered ballot among the landowners in said proposed District, with
each owner having one vote for each acre or portion of an acre such owner owns in the
District.
8. Except as may otherwise be provided by law or by the rate and method of
apportionment of the special taxes for the District, all lands owned by any public entity,
including the United States, the State of California and/or the City, or any departments or
political subdivisions thereof, shall be omitted from the levy of the special tax to be made to
cover the costs and expenses of the Facilities and the District. In the event that a portion of
Resos\79 -2-
the property within the District shall become for any reason exempt, wholly or in pan, from
the levy of the special tax described in Exhibit B, this Board of Directors will, on behalf of
the District, increase the levy to the extent necessary upon the remaining property within the
District which is not exempt in order to yield the required debt service payments and other
annual expenses of the District, if any, subject to the provisions of the rate and method of
apportionment of the special taxes for the District.
9. The Executive Director of the Authority, as the officer having charge and control
of the Facilities in and for the District, or his designee, is hereby directed to study said
proposed Facilities and to make, or cause to be made, and file with the Secretary a report in
writing, presenting the following:
(a) A description of the Facilities by type which will be required to adequately
meet the needs of the District.
(13) An estimate of the fair and reasonable cost of the Facilities including the
cost of acquisition of lands, rights-of-way and easements, any physical facilities required in
conjunction therewith and incidental expenses in connection therewith, including the costs of
the proposed bond financing and all other related costs as provided in Section 53345.3 of the
Act.
Said report shall be made a pan of the record of the public hearing provided for below.
10. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the
Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the
same are hereby appointed and fixed as the time and place when and where this Board of
Directors, as legislative body for the District, will conduct a public hearing on the
establishment of the District and consider and finally determine whether the public interest,
convenience and necessity require the formation of the District and the levy of said special
tax.
11. The Secretary is hereby directed to cause notice of said public hearing to be
given by publication one time in a newspaper published in' the area of the District. The
publication of said notice shall be completed at least seven days before the date herein set for
said hearing. Said notice shall be substantially in the form of Exhibit C hereto.
12. The Authority proposes to repay certain landowners within the District, solely
from the proceeds of bonds of the Authority issued for the District, funds advanced by such
landowners to pay costs of the City and the Authority to form the District. The procedures
for such repayment will be set forth in detail in documents to be approved by this Board of
Directors following the public hearing on the District referred to above.
13. The firm of Jones Hall Hill & White, A Professional Law Corporation, is hereby
confirmed as bond counsel for the District and any bonds of the Authority for the District, and
the firm of Berryman & Henigar is hereby designated as spec~ tax consultant to the Authority
for the District. The Executive Director is hereby authorized and directed to enter into contracts
with said firms for their servitors with respect to the District, in form acceptable to counsel to
the Authority and the Executive Director.
PASSED, APPROVED AND ADOPTF~D, by the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority at a regular meeting held
on the 12th day of September, 1995.
Jeffrey E. Stone; Chairperson
ATTEST:
June S. Greek, CMC
Authority Secretary
Rcsos~9
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution No. 95- was duly adopted at a regular meeting of the Board of Directors
of the Old Town/Westside Community Facilities District Financing Authority on the 12th day
of September, 1995, by the following roll call vote:
AUTHOR1TYlvlF~,~BERS:
NOES:
AUTHOREYMEMBERS:
AUTHORITYMEMBERS:
June S. Greek, City Clerk/Authority
Secretary
R~sos~79 -5-
EXHIBIT A
DESCRIFrlON OF FACILITIF.~ TO BE FINANCED BY ~ DISTRICT
Old Town/Westside Community Facilities District F'mancing Authority
Community Facilities District No. 1
(Old Town Area Public Improvements)
FACILITIES
1. Renovation and Expansion of Old Town First Street Bridge, including but not limited
to: a. preliminary design of First Street to its connection with the proposed Western Bypass
Corridor to include a bridge over Murrieta Creek, b. obtaining all the permits and approvals
which may be required, including City of Temecula, U.S. Army Corp of Engineers,
California Department of Fish and Game, U.S. Department of Fish and Wild Life, Riverside
County Flood Control and any other permits and approvals as may be required, c. final
design and construction of facilities as said design is approved by the reviewing agencies to
include First Street from its intersection with Front Street to the proposed Western Bypass
Corridor, d. design and construction of all utilities as may be required by the various utility..
companies to provide the required services to the proposed development and otherwise
incident to the foregoing construction, and e. all associated and incidental facilities and
appurtenances.
2. Old Town Gateway Landscaping Project, including but not limited to: a. providing
trees and other landscaping along the westside of Front Street between Front Street and
Murietta Creek from Rancho California Road to the Post Office, and street tree replacement
in conformance with the Old Town Specific Plan, b. acquire the necessary right-of-way, c.
submit a Landscaping plan to the City Planning Department for review and approval, d.
construction and installation of the landscaping in accordance with the landscape plan as
approved, and e. all associated and incidental facilities and appurtenances.
3. Old Town Demonstration Block, including repairs, reconstruction and/or upgrades to
Front Street, Front Street between First Street and Main Street and other incidental street
improvements, and also including, but not limited to: a. provision of a conceptual design
and submission to the City Planning Department for review and approval for the following: i.
landscaping and lighting; ii. public signage, including Gateway entry sign, direcfional signs,
and street name polesigns; and iii. street improvements to include curb, gutter, sidewalk
(boardwalk), paving, street lighting with sound system, street furniture to include wood
benches, trash receptacles, newspaper racks, mailboxes, bus shelters, phone booths, and
drinking fountains, all in general conformance with the Old Town Specific Plan, and the
Circulation Element of the City's General Plan, b. preparation of the necessary plans,
specifications for the above scope of work and submit for review by the City and other
A-6
interested paxties as may be necessary, c. construct the facilities as per approved plans, d.
topography for all of the Old Town shall be provided to facilitate design and to eliminate
potential future drainage problems, and e. all associated and incidental facilities and
appurtenances.
4. Old Town Sewer Improvements, including but not limited to: a. determine, based on
the City's Ultimate Plan, Old Town Specific Plan and Westside Specific Plan, including the
proposed Entertainment Facilities, the location of existing and need for upgrading sanitary
sewer facilities, and any new sanitary sewer facilities, b. present the report to the Eastern
Municipal Water District (EMWD) and the City for review and approval, c. design the:
facilities for the sanitary sewer improvements based on the approved report, d. obtain any
right-of-way that may be necessary to construct said improvements, e. construct said
improvements to the satisfaction of EMWD, and f. all associated and incidental facilities and
appurtenances.
5. Old Town Water System, including but not limited to: a. determine, based on the
City's Ultimate Plan, Old Town Specif'xc Plan, Westside Specific Plan and the proposed
Entertainment Facilities, the location of existing water systems, the needed upgrading, and
needed new water facilities, b. present the report to Rancho California Water, City and Fire
Marshall for review, c. design the facilities as needed and obtain approval by the above
agencies, d. obtain the necessary right-of-way for the proposed improvements, e. construct:
said improvements to the satisfaction of Rancho California Water District, and f. all
associated and incidental facilities and appurtenances.
6. Storm Drain Improvements, including but not limited to: a. determine the adequacy
of the storm drain system as proposed in the Old Town Specific Plan (i.e., 3rd and 6th Street
storm drains, 1-15 to Murrieta Creek), b. design said improvements and obtain all necessary
permits for the installation of said improvements (permits may include but not be limited to
Riverside County Flood Control District, U.S. Army Corp of Engineers, California
Department of Fish and Game, and Caltrans), c. construct the improvements in accordance
with the approvals of all the above agencies including the City, d. provide for the necessary
facilities along these systems to accept local drainage, and e. all associated and incidental
facilities and appurtenances.
OTHER
Costs of engineering, design, acquisition of land and/or public easements, planning,
insurance, legal and accounting expenses and coordination related to the above-listed
facilities.
Bond related expenses, including underwriters discount, appraisals, reserve fund, capitalized
interest, bond counsel, special tax consultant, financing consultant, bond and official
statement printing and all other incidental expenses.
A-7
Administrative fees of the City, the Authority, the District and the Bond trustee or fiscal
agent related to the District and the Bonds.
A-8
F, XtHBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
OLD TOWN]WESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
Community Facilities District No. 1
(Old Town Area Public Improvements)
A special tax shall be levied on each Parcel of land within the Old Town/Westside
Community Facilities District Financing Authority Community Facilities District No. 1
(Old Town Area Public Improvements) (the "District"), and collected according to the
Special Tax Liability determined by the Responsible Party of the Old Town/Westside
Community Facilities District Financing Authority (the "Authority") through the
application of the following procedures. AH of the property within the District, unless
otherwise exempted by law or the express provisions of the rate and method of
apportionment expressed below, shah be taxed to the extent and in the manner provided
below.
It is intended that all special taxes applicable to Parcels be collected in the same manner
and at the same time as ordinary ad valorem property taxes, and that special taxes so
levied will be subject to the same penalties and procedures, sale and lien priority in case
of delinquency as is provided for ad valorem taxes, subject to any covenant for judicial
foreclosure with respect thereto in any Fiscal Agent Agreement for any Bonds of the
Authority for the District. Notwithstanding the foregoing, the Authority may collect the
special taxes at such other times or in such other manner as necessary or convenient to
satisfy the obligations of the District.
MAXIMUM SPECIAL TAX
The maximtun special tax that may be levied in the Fiscal Year ending June 30, 1996 on
any Parcel shall not exceed the sum of.'
plus
(ii)
The maximum building special tax rate of $9.00 per building square foot,
multiplied times the sum of the Building Floor Area for all buildings on the
Parcel;
The maximum land special tax rote of $8.00 per land square foot, multiplied
times the Land Area of the Parcel.
The special tax shall be levied annually. The maximum building special tax and the
maximum land special tax shall increase each Fiscal Year from the maximum special tax
for the Fiscal Yea ending June 30, 1996 by 2%, compounded annually. A Parcel shah be
subject to the maxImum special tax for not more than 40 years. In no event shall the
maximum special tax on any Parcel used for private residential purposes exceed any
limitation imposed under Section 53321 of the California Government Code.
ASSIGNMENT TO CATEGORrES; LEVY
ANNUAL TAX CATEGORrF~S
On or about July 1 of each year, but in any event in sufficient time to include the levy of
the special taxes on the Countys secured tax roll, the Responsible Party shall determine
for each Paxeel within the District, whether or not such Paxeel is Taxable Property.
Parcels subject to levy shall be determined based upon the records of the County Assessor
as of the March 1 preceding such July 1.
LEVY
The Responsible Party shall then determine the estimated aggregate Special Tax Liability
for the Fiscal Year commencing such July 1, and levy on each Parcel which is Taxable
Property, as follows:
Step 1:
Determine the total Building Floor Area, for each respective Parcel which is
Taxable Property and for all Parcels which are then Taxable Property in the
DisU'ict.
Step 2:
Calculate the annual building tax rate at 85 % of the Special Tax Liability,
divided by the total Building Floor Area for all Parcels which are then
Taxable Property.
Step 3:
Multiply the total Building Floor Area for each respective Parcel which is
Taxable Property by the lesser of:
(i) the annual building tax rate;
or
the maximum building special tax rate for the Fiscal Year
commencing such July 1.
Step 4:
Determine the total Land Area, by Parcel and for all Parcels which are then
Taxable Property in the District.
Step 5:
Calculate the annual land tax rote as the lesser of:
the Special Tax Liability, less the total of the funds generated for all
Parcels which are then Taxable Property under Step 3 above, divided
by the total Land Area Coy square footage) for all Parcels which are
then Taxable Property;
or
the maximum land special tax for the Fiscal Year commencing such
July 1.
Step 6:
Multiply the Land Area for each Parcel which is Taxable Property by the
annual land tax rate determined under Step 5.
Step 7:
Calculate the sum of the building tax (from Step 3) and the land tax (from
Step 6) for each Parcel which is Taxable Property.
PREPAYMENTS
Prepayments may be made for property subject to the levy of the special taxes. Any
property owner in the District that desires m prepay the annual special taxes on a
particular Parcel shall notify the Responsible Party in writing of such intention and the
estimated amount of prepayment. The entire annual special taxes for any Parcel may be
prepaid as follows:
(a)
The Parcel with respect to which prepayment is to be made must not be '
delinquent in any payment of special taxes previously levied within the
District. Prepayment shall not relieve any property owner from paying those
special taxes which have already become due and payable, and a Notice of
Cessation of Special Tax Lien shall not be recorded against any Parcel
pursuant to California Government Code Section 53344, until all special
taxes with respect to that Parcel have been paid.
The Parcel prepayment mount for a Parcel shall be calculated by the
Responsible Party based upon the Present Value Factor of the remaining
maximum annual special taxes.
DEFINITIONS
Administrative Expenses means any or all of the following: the fees and expenses of the
Fiscal Agent (including any fees or expenses of its coun-qel), the expenses of the Authority
and the City in carrying out their respective duties with respect to the District (including,
but not limited to, the levy and collection of the special taxes) including the fees and
expenses of their respective counsel, any fees of the County related to the District or the
collection of special taxes, an allocable share of the salaries of the Authority and the City
staff direc~y rehted thereto and a proportionate amount of Authority and the City general
administrative overhead related thereto, any amounts paid by the Authority or the City,
respectively, from its own funds with respect to the District or the Bonds, and all other
costs and expenses of the Authority, the City or the Fiscal Agent incurred in connection
with the discharge of their respective duties under the Fiscal Agent Agreement and, in the
case of the Authority and the City, in any way rehted to admini~qtration of the District.
Authority means the Old Town/Westside Community Facilities District Authority.
Bonds means any bonds of the Authority issued for the District under Mello-Roos
Community Facilities Act of 1982, as amended.
Building FloOr Area means the area included within the surrounding exterior walls of a
building, including each floor of multiple story buildings, exclusive of vent shafts and
cottrts (defined here as open and unobstructed to the sky). The Building Floor Area will
be determined by the Responsible Party by reference to City or County approved building
plans or other such documentation as the Responsible Party shall determine.
City means the City of Temecula.
County means the County of Riverside.
Debt Service, for each Fiscal Year, is the total annual principal and interest payable on
the Bonds during the calendar year which commences in such Fiscal Year, less any
capitalized interest and any other amounts remaining in the bond fund held under the
Fiscal Agent Agreement as of the end of the previous Fiscal Year available to make such
payments.
District means the Old Town/Westside Improvement Authority Community Facilities
District No. 1 (Old Town Area Public Improvements).
Fiscal Agent means the Fiscal Agent designated under the Fiscal Agent Agreement.
Fiscal Agent Agreement means the agreement by that name approved by the Resolution
of Issuance, and as it may be amended and/or supplemented from time to time.
Fiscal Year means the period starting on July 1 and ending the following June 30.
Land Area means the measure of land area of a Parcel, in square feet of land, rounded up
to the nearest whole integer.
Parcel means any County Assessor's parcel or portion thereof that is within the boundaries
of the Dislxict based on the equalized tax rolls of the County.
Present Value Factor means the factor representing the net present value of future annual
special taxes calculated based on a discount rate to reflect the net interest costs on the
Bonds, any redemption fees on the Bonds, and applicable Administrative Expenses related
to the prepayment.
Resolution of Issuance is any Resolution adopted by the Authority authorizing the
issuance of Bonds.
Responsible Party is any person or persons who the Authority may appoint from time to
time to compute the levy of the special taxes within the District.
Special Tax Liability for any Fiscal Year is an mount sufficient to pay Debt Service for
such Fiscal Year, Admini~-ative Expenses for such Fiscal Year, an mount determined by
the Responsible Party to offset past delinquencies and projected tax delinquencies to occur
in such Fiscal Year and to otherwise replenish any reserve fund established for the Bonds,
and all payments required to be made in the applicable Fiscal Year under the Fiscal Agent
Agreement for the Bonds and any supplements thereto.
Taxable Property is all real property within the boundaries of the District which is not
exempt from the special tax pursuant to law, except that the following property shall not
be taxed: any acres of land owned, conveyed or irrevocably offered for dedication to and
accepted by a public Authority, or land which is a public fight of way or which is an
unmanned utility easement making impractical its utilization for other than the purpose set
forth in the easement.
EXHIBIT C
NOTICE OF PUBLIC HEARING
Old Town/Westside Community Facilities District Financing Authority
Community Facilities District No. 1
(Old Town Area Public Improvements)
Notice is hereby given that on September 12, 1995, the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority adopted a Resolution
cnfified "A Resolution of the Board of Directors of the Old Town/Westside Community
Facilities District Financing Authority of Intention To Establish A Community Facilities
District And To Authorize The Levy Of Special Taxes Pursuant To The Mello-Roos
Community Facilities Act Of 1982". Pursuant to the Mcllo--Roos Community Facilities Act
of 1982 (the "Act") the Board of Directors hereby gives notice as follows:
A. The text of said Resolution of Intention is as follows:
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended
(the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of
the California Government Code, this Board of Directors of the Old Town/Westside
Community Facilities District Financing Authority (the "Authority") is authorized to establish
a community facilities district and to act as the legislative body for a community facilities
district; and
WHEREAS, this Board of Directors now desires to proceed with the establishment of
a community facilities district (the "District") in order to finance costs of public
infrastructure necessary or incident to development in the Old Town area of the City of
Temecula (the "City").
NOW, THEREFORE, BE IT RESOLVED BY the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority as follows:
1. This Board of Directors proposes to conduct proceedings to establish a community
facilities district pursuant to the Act.
2. The name proposed for the District is Old Town/Westside Community Facilities
District Financing Authority Community Facilities District No. 1 (Old Town Area Public
Improvements).
c-10
3. The proposed boundaries of the District are as shown on the map of the District
on f~e with the Secretary, which boundaries are hereby preliminarily approved and to which
map reference is hereby made for further particulars. The Secretary is hereby directed to
record, or cause to be recorded, said map of the boundaries of the District in the office of
the County Recorder within fifteen days of the date of adoption of this Resolution, but in any
event at least fifteen days prior to the public hearing referred to in paragraph 10 below.
4. The type of public facilities pwposed to be financed by the District and pursuant
to the Act shall consist of those items listed as facilities on Exhibit A hereW and by this
reference incorporated herein (the 'Facilities*). The Board of Directors hereby finds and
determines that the public interest will not be served by allowing the property owners in the
District to enter into a contract in accordance with Section 53329.5(a) of the Act.
Notwithstanding the foregoing, the District may enter into one or more contracts direc~y
with any of the property owners with respect to the construction of the Facilities.
The Executive Director of the Authority is hereby authorized and directed to enter into joint
community facilities agreements with any entity that will own or operate any of the
Facilities, as determined by bond counsel to be necessary to comply with the provisions of
Section 53316.2(a) and (13) of the Act. The Board of Directors of the Authority hereby
declares that such joint agreements wffi be beneficial to residents in the area of the District.
5. Except to the extent that funds are otherwise available to the District to pay for
the Facilities and/or the principal and interest as it becomes due on bonds of the District
issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by
recordation of a continuing lien against all non-exempt real property in the District, will be
levied annually within the District, and collected in the same manner as ordinary ad valorem
property taxes or in such other manner as this Board of Directors or its designee shall
determine, including direct billing of the affected property owners. The proposed rate and
method of apportionment of the special tax among the parcels of real property within the
District and the interests in those parcels, in sufficient detail to allow each landowner within
the proposed District to estimate the maximum mount such owner will have to pay, are
described in Exhibit B attached hereto and by this reference incorporated herein. '
This Board of Directors hereby finds that the provisions of Section 53313.6, 53313.7 and
53313.9 of the Act (relating to adjustments to ad valorera property taxes and schools
financed by a community facilities district) are inapplicable to the District.
6. It is the intention of this Board of Directors acting as the legislative body for the
District to cause bonds of the Authority to be issued for the District pursuant to the Act to
finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal
mount of not to exceed $12,500,000, shall bear interest payable semi-annually or in such
other manner as this Board of Directors shall determine, at a rate not to exceed the maximum
C-11
rate of interest as may be authorized by applicable law at the time of sale of such bonds, and
shall mature not to exceed 40 years from the date of the issuance thereof.
7. The levy of said proposed special tax shall be subject to the approval of the
qualified electors of the District at a special election. The proposed voting procedure shall
be by mailed or hand-delivered ballot among the landowners in said proposed District, with
each owner having one vote for each acre or portion of an acre such owner owns in the
District.
8. Except as may otherwise be provided by hw or-by the rate and method of -.
apportionment of the special taxes for the District, all lands owned by any public entity,
including the United States, the State of California and/or the City, or any departments or
political subdivisions thereof, shall be omitted from the levy of the special tax to be made to
cover the costs and expenses of the Facilities and the District. In the event that a portion of
the property within the District shall become for any reason exempt, wholly or in part, from
the levy of the special tax described in Exhibit B, this Board of Directors will, on behalf of
the District, increase the levy to the extent necessary upon the remaining property within the
District which is not exempt in order to yield the required debt service payments and other
annual expenses of the District, ff any, subject to the provisions of the rate and method of
apportionment of the special taxes for the District.
9. The Executive Director of the Authority, as the officer having charge and control
of the Facilities in and for the District, or his designee, is hereby directed to study said
proposed Facilities and to make, or cause to be made, and f~e with the Secretary a report in
writing, presenting the following:
(a) A description of the Facilities by type which will be required to adequately
meet the needs of the District.
(b) An estimate of the fair and reasonable cost of the Facilities including the
cost of acquisition of lands, rights-of-way and easements, any physical facilities required in
conjunction therewith and incidental expenses in connection therewith, including the costs of
the proposed bond financing and all other related costs as provided in Section 53345.3 of the
Act.
Said report shall be made a part of the record of the public hearing provided for
below.
10. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the
Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the
same are hereby appointed and fixed as the time and place when and where this Board of
Directors, as legislative body for the District, will conduct a public hearing on the
establishment of the District and consider and finally determine whether the public interest,
C-12
convenience and necessity require the formation of the District and the levy of said special
tax.
11. The Secretary is hereby directed to cause notice of said public hearing to be
given by publication one time in a newspaper published in the area of the District. The
publication of said notice shall be completed at least seven days before the date herein set for
said hearing. Said notice shall be substantially in the form of Exhibit C hereto.
12. The Authority proposes to repay certain landowners within the District, solely
from the proceeds of bonds of the City and the Authority issued for the District, funds
advanced by such landowners to pay costs of the City and the Authority to form the District.
The procedures for such repayment will be set forth in detail in documents to be approved by
this Beard of Directors following the public hearing on the District referred to above.
13. The fh,~n of Jones Hall I-Iill & White, A Professional Law Corporation, is hereby
confirmed as bond counsel for the District and any bonds of the Authority for the District,
and the firm of Berryman & Henigar is hereby designated as special tax consultant to the
Authority for the District. The Executive Director is hereby authorized and directed to enter
into conwatts with said firms for their services with respect to the District, in form
acceptable to counsel to the Authority and the Executive Director.
B. The exhibits to the Resolution which describe the facilities to bc financed
and the rate and method of apportionment of the special taxes for the district are on file in
the office of the Secretary of the Authority.
C. The time and place established under said Resolution for the public hearing
required under the Act are Tuesday, October 17, 1995, at the hour of 7:00 p.m. or as soon
as possible thereafter, in the Community Recreation Center, 30875 Raneho Vista Road,
Temecula, California.
D. At said hearing, the testimony of all interested persons or taxpayers for or
against the establishment of the district, the extent' of the district or the furnishing of the
specified types of facilities will be heard. Any person interested may file a protest in writing
as provided in Section 53323 of the Act. If fifty percent or more of the registered voters, or
six registered voters, whichever is more, residing in the territory proposed to be included in
the district, or the owners of one-half or more of the area of land in the territory proposed to
be included in the district and not exempt from the special tax, file written prom against
the establishment of the district and the protests are not withdrawn to reduce the value of the
protests to less than a majority, the Beard of Directors shall take no further action to create
the district or levy the special taxes for period of one year from the date of decision of the
Beard of Directors, and if the majority protests of the registered voters or landowners are
only against the furnishing of a type or types of facilities within the district, or against
C-13
levying a gifted special tax, those types of facilities or the specified special tax will be
eliminated from the proceedings to form the district.
E. The proposed voting procedure shall be by special marl or hand-delivered ballot to
the property owners within the territory proposed to be included in the district.
Dated: , 1995
June S. Greek, CMC, Authority Secretary/
City Clerk
C-14
P.~/4
BY AND BETWRI!N THE
OLD TOWN/WIlliE COMMUIClTY FACILITr~ DISll~CT FINANCING AUTHORII~
AND JONttS HALL HILL & WHrl~ A PROFE~IONAL
LAW CORPORATION, I~OR I~)ND COUI~EL 8~'RVICt~ IN
C0~ON WITH BOND PROC!~DINGS
the OLD TOWN/WESTSIDB COMMUNITY FAYC~ITI~ DISTRICT FINANCING
ALrrI-IO1LrFY (the "Authofltf) and JONIIS HALL I-m.L & WHrrR, A PR~PlISSIONAL LAW
CORPORATION, Sen Fumdsco, C~B~ornb, ~'Attomeyf).
WITNE~SETH:
~ the fautm:ing of public imp~vsx~ab in
th~ ~ty of Tsm~-uh (ths "Clt'~) (such bm~ds~ ~ogeh~er with shy sssess~en~ b~nds ~ssued by
NOW, THEP, IIFORII, in considerslion of ~ l~emises sad ~he mutual covsmnts
h~ set forth, the parties hereto do her~by s~ree as ~ollows:
(a) Consultation and cooperation with the City, the City AUorney, the City
Ma~er and ~11 othe~ officers and employees o{ the C!~ end the Authodty, wlLh the
issuar~e Of the Bonds snd assisting Such _persons in the ~,~a-,dlafion of a coordina~d
~hk~.d~andlql~alFma~in~fromfi~eproceedsoft eBonds.
Co) _Prepsration of all legal In'o2edingS deemed necessary or advisable by
A omeys for the authorization, issuance a~d delivery d the Bmuts; including
pAuthorirepuation of O) documentation required for the tssuance of the Bonds by the
ty, including an ipaenture of bust or p,u~h, ilon ,mt~i-lng the issuance Of the
Bonds, resolution authorizing and cUrecting the sale of the Bcmds, resck~un awardin
th ,a dt s,u to pur. x ,er me f, an uon to
by ~e Authority in conn~fion With the cleliver~ 'd the BoRcIs to the ~ thtn~f,
and all all;reements prov!din~ collsteral security ~or the Bonds ~ ss m~y be within
the scope af of any attorneys repze~tulja~ other paldes to the
Bonds, 0tD center. ares, deeds, r U~ons, recdl~s and other ckrument8 reqtdz~.
ccm~ect~on with the delivery ~e~ls~ to the oz~bud. puzcha~er thereof, a.qd (v)
other l=oce~_4,~gs d the .Aazthozity hu:kkalal to or tn connection wtth the bsua~ce, sde
and delivery' of the
Si~ B7 '915 14:EB I:IT'&T Fi::IX 9635FX P.3./4
(C) AppHr=flon ~or any Internal Revenue ~ervice or other rulings deemed
· ,e,~es~,',/by X~,c,* Out onzy f~,nowin~ ~ with anci ovaZ the cur)
("*H~m:zda securi6es laws, or to olt~t'- no~on letters or dmfiar determinafiom from
~ Secu~H_--_ Sxr.}~,e Commisdst or Callfo~ Coxlx~dtom Commisdoa.
(e) ~ to the comple6on of proceedingS_ to the ntis/action of At~omL-ys,
ale~aloph~ton(i)ap tl~eleS~ ofthepr~oft!~Authoffiy
CO Legal conmltation requemd by the City concertdug ~ Bonds and any
resolutions, ce-aflmt~ agreements and other aoc~,m*pf* relating to the aut~rt-~H-n,
~ancla~sveryottheBoncbatanyt~uefoBowtng~ottheBonds.
Attorn shall not be responsible for the Fe tion or content of any official
such offldal statement or
constaller other than to examl~ any other offering documectt as to
the description of the Bonds and related firmndal agreements drafted by Altomeys and as to
matters within Attonmys' ]mowledge (without uncl~aki~ any ~ invest:tgation
Attorneys shall not be respon.dble for 6) compT~--z'e by the Ciiy or tim Authoriiy
arbitrage rebate requirements under federal tax kw, ~cher than to render advice as to
Bonds. Without limiting the generality of the ioze~oht~,%mm]s civil ltOt be ~
preparing any calculations or documentation to estsbttsh comp~_e with such rebate
requirements or otherwise for compu' the anm~rds xequired to I~e rebated, or for providing
axrf litigation sezvices related to ~tm~onds, without a sepaz~te agreement between the
Authozity and Attorneys.
Section2. Comp~on. For the m'vicee]ja2d inSectica l, Attomeys shall be paid (D
a percentage fee, applied to the aggregate princt mount of the Bonds bsued (it being
biello-Roos bonds or assessment bonds), equal_. to the sum of: (a) two percent ~ the first $1
n~fillolt prhIcipal alltoulIt af the Boncts# plus (b) on~ perCen_,t of the next $4 million pzincipal
amotutt of the Bonds, plus (c) one-ball of one ercent (1/2 of 1~) of the next $10 ndfiion
principal mount d the Bonds, plus (d) on~;t~ of ona pazcent (1/8 of 1%) of the
rinci al amount of the Bonds; and (tO with r to any bonds issued by~ere~
,.. ', ,-,.,/...,
1%) of the prind amount of such Authadty B ,, am~ we,mfeein
such Anthority ~on~ls, in any event, of $20,000. In addition, the Authority connection with
Attorneys for all out-of pocket costs and ses incurred by Attorneys in co~ with
their services heramde~ for messenger and~'ve~ services, photocopyin~ ~ p-l~lieaeor~
out-of-state travel, and the cost of preparing transcripts of the proceedinp ~or clang
2
EIF ,cj~ 14:EX3 AT~i FI:1X ~--c~339rx-- p.,t/4
Section ~. gespomlblllfis a~ Anthadty. The Authority shall co .re with Attorneys
andahallfxnsthhAttorae3mwithcetUa~ co~sof~Foceed~ ~t'~t~Auth~tyaed
deemed ru~c~ry by Attorneys to render an opinion on the ~'~ of the Bands. All costs
cost and expense of preparin certified copies o~ roceedinl~ re l~r Attoraeys ia
cosmecfion wt~ ~ t.~tumce oPthe Bo~!s, the cost erall i~nH~8; ~ b~ on costs, iees
and expenses of pat~ o ~e~ than Ath~ s, casts sad expenses of legal ad~etl.~mg and all
other~~~~~e~o~the onds,~l~llbepatdbythe
AnXhottXy fium the proceeds of the Bende md shall not be the x~eqx~m~U7 c~ALtotae~
SectJan4. Tesmi~alakm oEABXsemenL This ABxeexuant maybe ~bsd at tny timeby
the Authox~y with c~ withsmX cause ulxm days wrlttex~ nol~r,e to A~fxeys. In ~ eve
IN WlTNR~ WHI~IlOF, the Authority and AttomeTs have executed tl~ AlFeeznent as
oF the date first above wxittext
OLD TOWN/tV~-x~xuxs COMMUNITY
NACItlTIES DIbTRICT RNANC~G
AUTHORITY
Executive Director
JON~I-IALLHILL&WHrrB,
A PROFE~IONAL LAW CORi~RATION
MOLtOI:J'IIFY
3
SEP-07-95 THU 12:30 CITY OF BEP~U]IOe'fi' FP, X NO, 9098458483 P. 02
Au~mt 31, l~J5
Old Town/Wcstside
Community Facilities District Financing Authority
43174 Business M Drive
Temecula, CA 92590
Subject:
Proposal to Prepare the Tax Ferm,,!s, and Special Tax Cotsulmm's
Ceriifirs~ for Corerramify F__~_.~es D~a'icts (CFD No. 1 and No. 2)
Please accept our Im3pcsal for the preparatim of the rate and method of apportionment (special
tax formula) for Comity Facilities Districts Number i and 2.
BSI's project team wiIl iwAude Mr. Jeffrey M. Cooper and Mr. Alan Kapanicas. Mr. Cooper
will be the District ~n~n~r and Mr. Katmnicas has been assigned the responsibility of Project
Manager and development of th~ special tax formula for this DisMa.
SCOPE OF SERVICES
BSI proposes to deliver to lhe Authority, the rate aria method of apportionment, for use in the
formation of both CFD's, as detailed below. An Bxhibit A outlines avaiIable extended services
that BSI can perform at the Authority' s request and identifies the requirements to completing
the project.
11~90 W. Bernardo Court, Suite 100 *"S~n Diego, CA 92127 tol: 619-451-6100 fax: 619-461-2846
An Ccrual ODoonunirv
SEP-07-95 THU 12:30 CiTY OF BE~,UHONT F~ NO. 9098458483 P. 03
Old Town/Westside Community
Facili~es Dislrict Financing Authority
August 31, 1998
Page Two
The Scope of S~rvic~s, BSI propose~ and the related compensation is as follows:
TA~K Dg~"ItlPTION
Services Perform~ on a Lump Sum Basis:
TAX ARendance at up to five Authority authorized
FORMULA meetings, development of the special tax
methodology, and . rat~ and method of
apponiomnem report
Totat Lump Sum Compensation for Pr~nr~g the
Rate and Method of Apportionment:
$8,500
Services Performed on a Time and Materials Basis:
SPECIAL TAX
CONSULTANT'S
CERTIFICATE
Prior to the issuance of Bonds, BSI wiU prepare a certificate on
the capacity of the mx formula, review appropriau~ areas of th~
prclirninnry and final official stateanent, and prepare related
schedules as request~l by the Authorivj, Bond Counsel and
Finm3cial Advisor. ~tion to prepare the Certificate is on
a Time and Ma~ials Basis, not to exceed $6,500 and will be paid
out of Bond proceeds.
BOUNDARY MAP
Preparation of two boundary maps and up to two r~vised
boundary maps, with proper certification and then filing three
copies of each map. with the County within fifteen (15) days
following Resolution of Intention and the Public Hearing.
Compensation to prepare the boundary maps is on a Time and
Mawrials Basis, not to exceed $2,000.
ADDITIONAL
MEETINGS AND
REIMBURS~-R~
Additional project meetings and project cxp~nses, including
printing, binding, mileage and postage.
Crime and Malerials Estimate)
SEP-07-95 THU 12:31 CITY OF BEAUMONT FAX NO, 9098458483 P. 04
Old Town/Wes~de Community
Facilities Dismet Financin4~ Authority
August 31, 1995
Pa~e Three
ADw}ITION~I. ~'ERVICES AVAII,ABI,P, AT TIlE AUTHORITY' S REOUEST
CH) _l~m/ineer's Report: Preparation of an en~r~er's report for submittal to thc Authority.
Tax Roll: Preparation of the annual Tax Roll ~ submi~ion to the County.
Acquisition Cost Renew: Submit a summary report in ledger format kicndfying
reimhmsemcnt eligibility and confirmed cost mounts to the Authority. Prepare policies and
procedures as docunmmition for acquisition audit methodology.
B$I will invoice the Authority monthly for sea-vices performed dm-ing the previous month.
Undisputed invoices are to be paid within 30 days of receipt of invoice. Reimbursable
expenses are in addition to the lump sum fee. E~ ,%rviccs shall be provided as
authorized by the ~. Fees for Extended Services w~l be on a time and materint~ basis
and invoiced based upon tho ~c of Hourly Rates in effect at the time seawires are
provided. h is recommended that the Authority obtain a deposit for BSI services of $10,500
from the d~veloper for the preparation of the rate and ~ of appOrtiOnm~lL Th~ work '
will be billed to I1~ Authority it is completecl. When the District issues Bonds, the fees for the
Spex:isl Tax Consultar~'s Certificate can be paid from the proceeds of the Bonds.
BSI Consultants, Inc. appreciates the opportunity to provide these aces. We arc looking
forward lD work with you. Ifthis proposal is acceptable, please sign and return by fax to(619)
451-2846. If there are any questions or if you need additional information, please- call me at
(619) 4S1-~100.
Sincerely,
BSI CONSULTANTS, INC.
Vi~e President
Old Town/Westside Community
Facilities District Financing .Authority
AeceptBd by Authority
ACK/acc
Attachment A
SEP-07-95 TILL] 12:32 CITY OF BERIJIIONT FRX N0. 9098458483 P, 05
E~nTeff A
5.
6.
7.
EXTENDED b'Y.,RVICES
Anendauce at addilionsI AuthoriW approved, Developer or Authority initiated meetings
as requested.
Prepm2xion of djsphys and/or audio-visual ~, as requested by the Authority or
Developers.
~ rnainngs of notices w propcrty owners, and to pxulx, x~y ~ not liste~ on
last equaliv_~I roll of the Coumy Asse~or.
Preparation of more than three tax formuh iterations of the basic formula.
Preparation of maps or diagrams.
Pr~m-ing an annual tax wI1 for levy by tim County
Any other services desired and aiRberizcd by the Authority.
RESPONSIBILITIES OF ~ ATYrtIORITY
Designate- a responsible official to rn~nsgc and coordinate the project.
Make avnfi~ble to BSI Consulran~ all availnhle dam, information, reports, maps, pl~rt%
slx~.'h~rations, and oOaer reasonabk infotmaaon for am proper performance of sezvic~s.
All environmental documentation is to be provided by others,
Retain a qunlified legal counsel to provide legal advice auring the District process.
District process.
RESOLUTION NO. FA 95-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING
AUTHORITY OF INTENTION TO INCUR BONDED INDEBTEDNESS OF
THE PROPOSED OLD TOWN/WESTSIDE COMMUNITY FACILITI~
DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT
NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMI~NI~) PURSUANT TO ~
MELLO-ROOS COMMUNITY FACHJTIES ACT OF 1982
~, this Board of Directors has this date adopted its Resolution entitled "A
Resolution of the Board of Directors of the Old Town/Westside Community Facilities
District Financing Authority of Intention to Establish a Community Facilities District and To
Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act
of 1982", stating its intention to form a community facilities district pursuant to the
Melio-Roos Community Facilities Act of 1982, as mended (the "Act"), Chapter 2.5 of Pan
1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing
certain public improvements (the "Facilities"), as further provided in said Resolution; and
WHEREAS, this Board of Directors estimates the mount required for the financing-of
a portion of the costs of the Facilities to be the sum of not to exceed $5,987,000; and
WHEREAS, in order to finance a potion of the costs of said Facilities it is necessary
to incur bonded indebtedness in the amount of not to exceed $12,500,000.
NOW, THEREFORE, BE IT RESOLVEI), by the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority as follows:
1. It is necessary to incur bonded indebtedness within the boundaries of the proposed"
Old Town/Westside Community Facilities District Financing Authority Community Facilities
District No. 1 (Old Town Area Public Improvements) (the "District") in the mount of up to
$12,500,000 to finance the costs of the Facilities.
2. The bonded indebtedness is proposed to be incurred for the purpose of financing the
costs of the Facilities, including acquisition and improvement costs and all costs incidental to
or connected with the accomplishment of said purposes and of the financing thereof, as permittul
by Section 53345.3 of the Act.
3. This Board of Directors, acting as legislative body for the District, intends to
authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to
exceed $12,500,000, bearing interest payable semi-annually or in such other manner as this
Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may
l~sos\81 -1-
be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed
40 years from the date of the issuance of said bonds.
4. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the
Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the
same are hereby appointed and fixed as the time and place when and where this Board of
Directors, as legislative body for the District, will conduct a public heating on the proposed debt
issue and consider and finally determine whether the public interest, convenience and necessity
require the issuance of bonds of the Authority for the District.
5. The Secretary is hereby directed to cause notice of said public hearing to be given
by publication one time in a newspaper of general circulation circulated within the District. The
publication of said notice shall be completed at least seven (7) days before the date herein set
for said public hearing. Said notice shall substantially be in the form of Exhibit A hereto.
PASSED, APPROVI~J} AND ADOPTED, by the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority at a regular meeting held
on the 12th day of September, 1995.
Jeffrey E. Stone, Mayor
ATTEST:
June S. Greek, CMC
. Authority SecTetary/City Clerk
Rcsos~8 1 -2-
STATE OF CALIFORNIA)
COUNTY OF RIVERSDE) ss
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that
the foregoing Resolution No. 95- was duly adopted at a regular meeting of the
Board of Directors of the Old Town/Westside Community Facilities District Financing
Authority on the 12th day of September, 1995, by the following roll call vote:
AUTHORITYMEMBERS:
NOES:
AUTHORITYMEMBERS:
AUTHORITYMEMBERS:
June S. Greek, CMC
Authority Secretary/City Clerk
Resos\81
EXI:~RIT A
NOTICE OF PUBLIC HEARING
Old Town/Westside Community Facilities District Financing Authority
Community Facilities District No. 1
(Old Town Area Public Improvements)
Notice is hereby given that on September 12, 1995, the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority adopted a Resolution
entitled "A Resolution of the Board of Directors of the Old Town/Westside Community
Facilities District Financing Authority of Intention To Incur Bonded Indebtedness of the
Proposed Old Town/Westside Community Facilities District Financing Authority Community
Facilities District No. 1 (Old Town Area Public Improvements) Pursuant To The Mello-Roos
Community Facilities Act of 1982". Pursuant to the MeHo-Roos Community Facilities Act
of 1982 (the "Act') the Board of Directors hereby gives notice as follows:
A. The text of said Resolution is as follows:
WHEREAS, this Board of Directors has this date adopted its Resolution entitled 'A
Resolution of the Board of Directors of the Old Town/Westside Community Facilities
District Financing Authority of Intention to Establish a Community Facilities District and To
Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act
of 1982", stating its intention to form a community facilities district pursuant to the
Mello-Roos Community Facilities Act of 1982, as mended (the 'Act"), Chapter 2.5 of Part
1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing
certain public improvements (the 'FaeilitiesD, as further provided in said Resolution; and
WHEREAS, this Board of Directors estimates the mount required for the financing
of a portion of the costs of the Facilities to be the sum of not to exceed $5,987,000; and
WHEREAS, in order to finance a portion of the costs of said Facilities it is necessary
to incur bonded indebtedness in the mount of not to exceed $12,500,000.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old
Town/Westsidc Community Facilities District Financing Authority as follows:
1. It is necessary to incur bonded indebtedness within the boundaries of the
proposed Old Town/Westside Community Facilities District Financing Authority Community
Facilities District No. 1 (Old Town Area Public Improvements) (the 'District') in the
mount of up to $12,500,000 to finance the costs of the Facilities.
Resos\8 1 -4*
2. The bonded indebtedness is proposed to be incurred for the purpose of
financing the costs of the Facilities, including acquisition and improvement costs and all costs
incidental to or connected with the accomplishment of said purposes and of the financing
thereof, as permitted by Section 53345.3 of the Act.
3. This Board of Directors, acting as legislative body for the District, intends to
authorize the .issuance and sale of bonds in the maximum aggregate principal mount of not
to exceed $12,500,000, beating interest payable semi-annually or in such other manner as
this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest
as may be authorized by applicable law at the time of sale of such bonds, and maturing not
to exceed 40 years from the date of the issuance of said bonds.
4. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in
the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and
the same are hereby appointed and fixed as the time and place when and where this Board of
Directors, as legislative body for the District, will conduct a public hearing on the proposed
debt issue and consider and finally determine whether the public interest, convenience and
necessity require the issuance of bonds of the Authority for the District.
5. The Secretary is hereby directed to cause notice of said public hearing to be
given by publication one time in a newspaper of general cireuia~on circulated within the
District. The publication of said notice shall be completed at least seven (7) days before the
date herein set for said public hearing. Said notice shall substantially in the form of Exhibit
A hereto.
B. The hearing referred to in the aforesaid Resolution shall be at the time
and place specified in said Resolution.
C. At that time and place the testimony of all interested persons, including
persons owning property in the area of the proposed community facilities district, will be
heard.
Dated: , 1995
June S. Greek, CMC
Agency Secretary/City Clerk
Resos\81 -5-
RESOLUTION NO. FA
A RESOLUTION OF ~ BOARD OF DIRECTORS OF THE OLD
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING
AUTHORITY OF INTENTION TO ESTABLI.~H A COMMUNITY FACILITIES
DISTRICT NO. 2 AND TO AUTHOItlZE THE LEVY OF SPECIAL TAXES
PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF
1982
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended
(the "Act"), Chapter 2.5 of Part I of Division 2 of Ti~e 5, commencing at Section 53311, of
the California Government Code, this Board of Directors of the Old Town/Westside
Community Facilities District Financing Authority (the "Authority") is authorized to establish
a community facilities district and to act as the legislative body for a community facilities
district; and '
WHEREAS, this Board of Directors now desires to proceed with the establishment of
a community fac'~ities district (the "District") in order to finance costs of public
infrastructure necessary or incident to development in the Westside area of the City of
Temecula (the "City").
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority as follows:
1. This Board of Directors proposes to conduct proceedings to establish a community
facilities district pursuant to the Act.
2. The name proposed for the District is Old Town/Westside Community Facilities
District Financing Authority Community Facilities District No. 2 (Westside Area Public
Improvements).
3. The proposed boundaries of the District are as shown on the map of the District
On fie with the Secretary, which boundaries are hereby preliminarily approved and to which
map reference is hereby made for further particulars. The Secretary is hereby directed to
record, or cause to be recorded, said map of the boundaries of the District in the office of
the County Recorder within fifteen days of the date of adoption of this Resolution, but in any
event at least fifteen days prior to the public hearing referred to in paragraph 10 below.
4. The type of public facilities proposed to be financed by the District and pursuant
to the Act shall consist of those items listed as facilities on Exhibit A hemto and by this
reference incorporated herein (the "Facilities"). The Board of Directors hereby finds and
determines that the public interest will not be served by allowing the property owners in the
District to enter into a contract in accordance with Section 53329.5(a) of the Act.
Notwithstanding the foregoing, the District may enter into one or more contracts directly
Resos~78 -1-
with any of the property owners with respect to the construction of the Facilities.
The Executive Director of the Authority is hereby authorized and directed to enter into joint
community facilities agreements with any entity that will own or operate any of the
Facilities, as determined by bond counsel to be necessary to comply with the provisions of
Section 53316.2(a) and (b) of the Act. The Board of Directors of the Authority hereby
declares that such joint agreements will be beneficial to residents in the area of the District.
5. Except to the extent that funds are otherwise available to the District to pay for
the Facilities and/or the principal and interest as it becomes due on bonds of the District.
issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by
recordation of a continuing llen against all non-exempt real property in the District, will be
levied annually within the District, and collected in the same manner as ordinary ad valorera
property taxes or in such other manner as this Board of Directors or its designee shall
determine, including direct billing of the affected property owners.-' The proposed rate and
method of apportionment of the special tax among the parcels of real property within the
District and the interests in those parcels, in sufficient detail to allow each landowner within
the proposed District to estimate the maximum amount such owner will have to pay, are
described in Exhibit B attached hereto and by this reference incorporated herein.
This Board of Directors hereby finds that the provisions of Section 53313.6, 53313.? and
53313.9 of the Act (relating to adjustments to ad valorera property taxes and schools
financed by a community facilities district) are inapplicable to the District.
6. It is the intention of this Board of Directors acting as the legislative body for the
District to cause bonds of the Authority to be issued for the District pursuant to the Act to
finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal
amount of not to exceed $15,000,000, shall bear interest payable semi-annually or in such
other manner as this Board of Directors shall determine, at a rate not to exceed the maximum
rate of interest as may be authorized by applicable law at the time of sale of such bonds, and
shall mature not to exceed 40 years from the date of the issuance thereof.
7. The levy of said proposed special tax shall be subject to the approval of the
qualified electors of the District at a special election. The proposed voting procedure shall
be by mailed or hand-delivered ballot among the landowners in said proposed District, with
each owner having one vote for each acre or portion of an acre such owner owns in the
District.
8. Except as may otherwise be provided by law or by the rate and method of
apportionment of the special taxes for the District, all lands owned by any public entity,
including the United States, the State of California and/or the City, or any departments or
political subdivisions thereof, shall be omitted from the levy of the special tax to be made to
cover the costs and expenses of the Facilities and the District. In the event that a portion of
the property within the District shall become for any reason exempt, wholly or in part, from
-2-
the levy of the special tax described in Exhibit B, this Board of Directors will, on behalf of
the District, increase the levy to the extent necessary upon the remaining property within the
District which is not exempt in order to yield the required debt service payments and other
annual expenses of the District, if any, subject to the provisions of the rate and method of
apportionment of the special taxes for the District.
9. The Executive Director of the Authority, as the officer having charge and control
of the Facilities in and for the District, or his designee, is hereby directed to study said
proposed Facilities and to make, or cause to be made, and file with the Secretary a report in
writing, presenting the following:
(a) A description of the Facilities by type which will be required to adequately
meet the needs of the District.
(b) An estimate of the fair and reasonable cost of the Facilities including the cost
of acquisition of lands, rights-of-way and easements, any physical facilities required in
conjunction therewith and incidental expenses in connection therewith, including the costs of the
proposed bond icing and all other related costs as provided in Section 53345.3 of the Act.
Said report shall be made a part of the record of the public hearing provided for below.
10. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the
Community Recreation Center, 30875 Rancho Vista Road, Temeeula, California, be, and the
same are hereby appointed and fixed as the time and place when and where this Board of
Directors, as legislative body for the District, will conduct a public hearing on the establishment
of the District and consider and finally determine whether the public interest, convenience and
necessity require the formation of the District and the levy of said special tax.
11. The Secretary is hereby directed to cause notice of said public hearing to be given'
by publication one time in a newspaper published in the area of the District. The publication
of said notice shall be completed at least seven days before the date herein set for said hearing.
Said notice shall be substantially in the form of Exhibit C hereto.
12. The Authority proposes to repay certain landowners within the District, solely from
the proceeds of bonds of the Authority issued for the District, funds advanced by such
landowners to pay costs of the City and the Authority to form the District. The procedures for
such repayment will be set forth in detail in documents to be approved by this Board of
Directors following the public hearing on the District referred to above.
13. The firm of Jones Hail Hill & White, A Professional Law Corporation, is hereby
confn'rned as bond counsel for the District and any bonds of the Authority for the District, and
the fLrm of Berryman & Henigar is hereby designated as special tax consultant to the Authority
for the District. The Executive Director is hereby authorized and directed to enter into contracts
Resos\78 -3-
with said fuTns for their services with respect to the District, in form acceptable to counsel to
the Authority and the Executive Director.
PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority at a regular meeting held
on the 12th day of September, 1995.
Jeffrey E. Stone, Mayor
ATFF_.ST:
June S. Greek, CMC
Authority Secretary
Reaoa\78 -4-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)ss
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution No. __ 95- was duly adopted at a regular meeting of the Board of
Directors of the Old Town/Westside Community Facilities District Financing Authority on
the 12th day of September, 1995, by the following roll call vote:
AUTHORrrYMEMBERS:
NOES:
AUTHORITYMEMBERS:
AUTHORITYMEMBERS:"
June S. Greek, CMC, Authority Secretary/
City Clerk
Resos\78 -5-
EXHIBIT A
DESCRHrrlON OF FACHATIES TO BE FINANCED BY THF~ DISTRICT
Old Town/Westside Community Facilities District Financing Authority
Community Facilities District No. 2
(Westside Area Public Improvements)
FACHJTIES
Construction of a new roadway from the intersection of 1-15 and State Route 79S to Rancho
California Road, then generally adjacent to the westerly City limits, inncluding but not limited
to the following: 1. acquisition of necessary right-of-way, 2. construction of a bridge over
Murrieta Creek and Rancho California Road, 3. construction of sidewalk% curbs and gutters,
4. construction of roadway between the curbs, consisting of an approximately 78 foot wide
roadway with an approximately 12 foot wide raised median island, 5. installation of
landscaping and irrigation, 6. installation of water system facilities, 7. installation of sanitary
sewer system, 8. installation of street lighting system, and 9. construction and/or installation
of any facilities or appurtenances incident to any of the foregoing.
OTHER
Costs of engineering, design, acquisition of land and/or public easements, planning,
insurance, legal and accounting expenses and coordination related to the above-listed
facilities.
Bond related expenses, including underwriters discount, appraisals, reserve fund, capitalized
interest, bond counsel, special tax consultant, financing consultant, bond and official
statement printing and all other incidental expenses.
Administrative fees of the City, the Authority, the District and the Bond trustee or fiscal
agent related to the District and the Bonds.
A-6
EXitBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
OLD TOWNfWESTSIDE
COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY
Community Facilities District No. 2
(Westside Area Public Improvements)
A special tax shall be levied on each Parcel of land within the Old Town/Westside
Community Facilities District Financing Authority Community Facilities District No. 2
(Westside Area Public Improvements) (the "District"), and collected according to the
Special Tax Liability determined by the Responsible Party of the Old Town/Westside
Community Facilities District Financing Authority (the "Authority") titrough the
application of the following procedures. All of the property within the District, unless
otherwise exempted by law or the express provisions of the rate and method of
apportionment expressed below, shall be taxed to the extent and in the manner provided
below.
It is intended that all special taxes applicable to Parcels be collected in the same manner
and at the same time as ordinary ad valorem property taxes, and that special taxes so
levied will be subject to the same penalties and procedures, sale and lien priority in case
of delinquency as is provided for ad valorem taxes, subject to any covenant for judicial
foreclosure with respect thereto in any Fiscal Agent Agreement for any Bonds of the
Authority for the District. Notwithstanding the foregoing, the Authority may collect the
special taxes at such other times or in such other manner as necessary or convenient to
satisfy the obligations of the District.
MAXIMUM SPECIAL TAX
The maximum special tax that may be levied in the Fiscal Year ending June 30~ 1996 on
any Parcel shall not exceed the sum of:
pins
(D
The maximum building special tax rate of $9.00 per building square foot,
multiplied times the sum of the Building Floor Area for all buildings on the
Parcel;
The maximum land special tax rate of $8.00 per land square foot, multiplied
times the Land Area of the Parcel.
The special tax shall be levied annually. The maximum building special tax and the
maximum land special tax shall increase each Fiscal Year from the maximum special tax
for the Fiscal Yea ending June 30, 1996 by 2%, compounded annually. A Parcel shall be
subject to the maximum special tax for not more than 40 years. In no event shall the
maximum special tax on any Parcel used for private residential purposes exceed any
limitation imposed under Section 53321 of the California Government Code.
ASSIGNMENT TO CATEGOIffES; LEVY
ANNUAL TAX CATEGORrI~S
On or about July 1 of each year, but in any event in sufficient time to include the levy of
the special taxes on the CounW's secured tax roll, the Responsible Party shall determine
for each Parcel within the District, whether or not such Parcel is Taxable Property.
Parcels subject to levy shall be determined based upon the records of the County Assessor
as of the March 1 preceding such July 1.
LEVY
The Responsible Party shall then determine the estimated aggregate Special Tax Liability
for the Fiscal Year commencing such July 1, and levy on each Parcel which is Taxable
Property, as follows:
Step 1:
Determine the total Building Floor Area, for each respective Parcel which is
Taxable Property and for all Parcels which are then Taxable Property in the
District.
Step 2:
Calculate the annual building tax rote at 85 % of the Special Tax Liability,
divided by the total Building Floor Area for all Parcels which are then
Taxable Property.
Step 3:
Multiply the total Building Floor Area for each respective Parcel which is
Taxable Property by the lesser of:
(i) the annual building tax rote;
or
(u)
the maximum building special tax rote for the Fiscal Year
commencing such July 1.
Step 4:
Determine the total Land Area, by Parcel and for all Parcels which are then
Taxable Property in the District.
Step 5:
Calculate the annual land tax rote as the lesser of:
the Special Tax Liability, less the total of the funds generated for all
Parcels which are then Taxable Property under Step 3 above, divided
by the total Land Area (by square footage) for all Parcels which are
then Taxable Property;
or
Step 6:
Step 7:
the maximm land special tax for the Fiscal Year commencing such
July 1.
Multiply the Land Area for each Parcel which is Taxable Property by the
annual land tax rate determined under Step 5.
Calculate the sum of the building tax (from Step 3) and the !and tax (from
Step 6) for each Parcel which is Taxable Property.
PREPAYMENTS
Prepayments may be made for property subject to the levy of the special taxes. Any
property owner in the District that desires to prepay the annual special taxes on a
paxticular Parcel shah notify the Responsible Party in writing of such intention and the
estimated amount of prepayment. The entire annual special taxes for any Parcel may be
prepaid as follows:
(a)
The Parcel with respect to which prepayment is to be made must not be '
delinquent in any payment of special taxes previously levied within the
District. Irepayment shall not relieve any property owner from paying those
special taxes which have already become due and payable, and a Notice of
Cessation of Special Tax Lien shall not be recorded against any Parcel
pursuant to California Government Code Section 53344, until all special
taxes with respect to that Parcel have been paid.
(b)
The Parcel prepayment amount for a Parcel shall be calculated by the
Responsible Party based upon the Present Value Factor of the remaining
maximum annual special taxes.
DEFINITIONS
Administrative Expenses means any or all of the following: the fees and expenses of the
Fiscal Agent (including any fees or expenses of its counsel), the expenses of the Authority
and the City in carrying out their respective duties with respect to the District (including,
but not limited to, the levy and collection of the special taxes) including the fees and
expenses of their respective counsel, any fees of the County related to the District or the
collection of special taxes, an altocable share of the salaries of the Authority and the City
staff directly related thereto and a proportionate amount of Authority and the City general
administrative overhead related thereto, any amounts paid by the Authority or the City,
respectively, from its own tim& with respect to the District or the Bonds, and all other
costs and expenses of the Authority, the City or the Fiscal Agent incurred in connection
with the discharge of their respective duties under the Fiscal Agent Agreement and, in the
case of the Authority and the City, in any way related to administration of the District.
Authority means the Old Town/Westside Community Facilities District Authority.
Bonds means any bonds of the Authority issued for the District under Mello-Roos
Community Facilities Act of 1982, as amended.
Building Floor Area means the area included within the surrounding exterior walls of a
building, including each floor of multiple story buildings, exclusive of vent shafts and
courts (defined here as open and unobstructed to the sky). The Building Floor Area will
be determined by the Responsible Party by reference to City or County approved building
plans or other such documentation as the Responsible Party shall determine.
City means the City of Temecula.
County means the County of Riverside.
Debt Service, for each Fiscal Year, is the total annual principal and interest payable on
the Bonds during the calendar year which commences in such Fiscal Year, less any
capitaliTed interest and any other amounts remaining in the bond fund held under the
Fiscal Agent Agreement as of the end of the previous Fiscal Year available to make such
payments.
District means the Old Town/We~ide Improvement Authority Community Facilities
District No. 2 (Westside Area Public Improvements).
Fiscal Agent means the Fiscal Agent designated under the Fiscal Agent Agreement.
Fiscal Agent Agreement means the agreement by that name approved by the Resolution
of Issuance, and as it may be amended and/or supplemented from time to time.
Fiscal Year means the period starting on July 1 and ending the following June 30.
Land Area means the measure of land area of a Parcel, in square feet of land, rounded up
to the nearest whole integer.
Parcel means any County Assessors parcel or portion thereof that is within the boundaries
of the District based on the equalized tax rolls of the County.
Present Value Factor means the factor representing the net present value of future annual
special taxes calculated based on a discount rate to reflect the net interest costs on the
Bonds, any redemption fees on the Bonds, and applicable Administrative Expenses related
to the prepayment.
Resolution of Issuance is any Resolution adopted by the Authority authorizing the
issuance of Bonds.
Responsible Party is any person or persons who the Authority may appoint from time to
lime to compute the levy of the special taxes within the District.
Special Tax Liability for any Fiscal Year is an amount sufficient to pay Debt Service for
such Fiscal Year, Admims'tmtive Expenses for such Fiscal Year, an amount determined by
the Responsible Party to offset past delinquencies and projected tax delinquencies to occur
in such Fiscal Year and to otherwise replenish any reserve fund established for the Bonds,
and all payments required to be made in the applicable Fiscal Year under the Fiscal Agent
Agreement for the Bonds and any supplements thereto.
Taxable Property is all real property within the boundaries of the District which is not
exempt from the special tax pursuant to law, except that the following property shall not
be taxed: any acres of land owned, conveyed or irrevocably offered for dedication to and
accepted by a public Authority, or land which is a public right of way or which is an
unmanned utility easement maldng impractical its utilization for other than the purpose set
forth in the easement.
EXHIBIT C
NOTICE OF PUBLIC HEARING
Old Town/Westside Community Facilities District Financing Authority
Community Facilities District No. 2
(Westside Area Public Improvements)
Notice is hereby given that on September 12, 1995, the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority adopted a Resolution
entitled ~A Resolution of the Board of Directors of the Old Town/Wes~ide Community
Facilities District Financing Authority of Intention To Establish A Community Facilities
District And To Authorize The Levy Of Special Taxes Pursuant ToThe Mello-Roos
Community Facilities Act Of 1982~. Pursuant to the Mello-Roos Community Facilities Act
of 1982 (the ~Act') the Board of Directors hereby gives notice as follows:
A. The text of said Resolution of Intention is as follows:
WHEREAS, under the Mello--Roos Community Facilities Act of 1982, as mended (the
"Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the
California Government Code, this Board of Directors of the Old Town/Westside Community
Facilities District Financing Authority (the 'Authority") is authorized to establish a community
facilities district and to act as the legislative body for a community facilities district; and
WHEREAS, this Board of Directors now desires to proceed with the establishment of
a community facilities district (the ~District") in order to finance costs of public infrastructure
necessary or incident to development in the Westside area of the City of Temecula (the "CityD.
NOW, THEREFORE, BE IT RF.~OLVED BY the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority as follows:
1. This Board of Directors proposes to conduct proceedings to establish a community
facilities district pursuant to the Act.
2. The name proposed for the District is Old Town/Westside Community Facilities
District Financing Authority Community Facilities District No. 2 (Westside Area Public
Improvements).
3. The proposed boundaries of the District are as shown on the map of the District on
file with the Secretary, which boundaries are hereby preliminarily approved and to which map
reference is hereby made for further particulars. The Secretary is hereby directed to record, or
c-8
cause to be recorded, said map of the boundaries of the District in the office of the County
Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least
fifteen days prior to the public hearing referred to in paragraph 10 below.
4. The type of public facilities proposed to be financed by the District and pursuant to
the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference
incorporated herein (the *Facilities*). The Board of Directors hereby finds and determines that
the public interest will not be served by allowing the property owners in the District to enter into
a contract in accordance with Section 53329.5(a) of the Act. Notwithstanding the foregoing, the
District may enter into one or more contracts directly with any of the property owners-with
respect to the construction of the Facilities.
The Executive Director of the Authority is hereby authorized and directed to enter into joint
community facilities agreements with any entity that will own or operate any of the
Facilities, as determined by bond counsel to be necessary to comply with the provisions of
Section 53316.2(a) and (b) of the Act. The Board of Directors of the Authority hereby
declares that such joint agreements will be beneficial to residents in the area of the District.
5. Except to the extent that funds are otherwise available to the District to pay for the
Facilities and/or the principal and interest as it becomes due on bonds of the District issued to
acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of
a continuing lien against all non-exempt real property in the District, will be levied annually
within the District, and collected in the same manner as ordinary ad valorera property taxes or
in such other manner as this Board of Directors or its designee shall determine, including direct
billing of the affected property owners. The proposed rate and method of apportionment of the
special tax among the parcels of real property within the District and the interests in those
parcels, in sufficient detail to allow each landowner within the proposed District to estimate the
maximum amount such owner will have to pay, are described in Exhibit B attached hereto and
by this reference incorporated herein. :
This Board of Directors hereby finds that the provisions of Section 53313.6, 53313.7 and
53313.9 of the Act (relating to adjustments to ad valorera property taxes and schools
financed by a community facilities district) axe inapplicable to the District.
6. It is the intention of this Board of Directors acting as the legislative body for the
District to cause bonds of the Authority to be issued for the District pursuant to the Act to
finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal amount
of not to exceed $15,000,000, shall bear interest payable semi-annually or in such other manner
as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest
as may be authorized by applicable law at the time of sale of such bonds, and shall mature not
to exceed 40 years from the date of the issuance thereof.
c-9
12. The Authority proposes to repay certain landowners within the District, solely from
the proceeds of bonds of the City and the Authority issued for the District, funds advanced by
such landowners to pay costs of the City and the Authority to form the District. The procedures
for such repayment will be set forth in detail in documents to be airproved by this Board of
Directors following the public hearing on the District referred to above.
13. The fLrrn of Jones Hall Hill & Whim, A Professional Law Corporation, is hereby
confirmed as bond counsel for the District and any bonds of the Authority for the District, and
the firm of Berryman & Henigar is hereby designated as special tax consultant to the Authority
for the District. The Executive Director is hereby authorized and directed to enter into contracts
with said firms for their services with respect to the District, in form acceptable to counsel to
the Authority and the Executive Director.
B. The exhibits to the Resolution which describe the facilities to be financed and the rate
and method of apportionment of the special taxes for the district are on fie in the office of the
Secretary of the Authority.
C. The time and place established under said Resolution for the public heating required
under the Act are Tuesday, October 17, 1995, at the hour of 7:00 p.m. or as soon as possible
thereafter, in the Community Recreation Center, 30875 Rancho Vista Road, Temecula,
California.
D. At said hearing, the testimony of all interested persons or taxpayers for or against
the establishment of the district, the extent of the district or the furnishing of the specified types
of facilities will be heard. Any person interested may file a protest in writing as provided in
Section 53323 of the Act. If fifty percent or more of the registered voters, or six registered
voters, whichever is more, residing in the territory proposed to be included in the district, or
the owners of one-half or more of the area of land in the territory proposed to be included in
the district and not exempt from the special tax, file written protests against the establishment
of the district and the protests are not withdrawn to reduce the value of the protests to less than
a majority, the Board of Directors shall take no further action to create the district or levy the
special taxes for period of one year from the date of decision of the Board of Directors, and if
the majority protests of the registered voters or landowners are only against the furnishing of
a type or types of facilities within the district, or against levying a specified special tax, those
types of facilities or the specified special tax will be eliminated from the proceedings to form
the district.
C-11
E. The proposed voting procedure shall be by special mail or hand-delivered ballot to
the property owners within the territory proposed to be included in the district.
Dated: ,1995
June S. Greek, CMC, City Clerk/
Authority Secretary
C-12
RF~OLUTION NO. FA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE Ol,n
TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING
AUTHORITY OF INTENTION TO INCUR BONDED INDEBTEDNESS OF
THE PROPOSED OLD TOWN/WESTSIDE COMMUNITY FACILITIES
DISTRICT FINANCING AUTHORITY COMMUNITY FACHATIES DISTRICT
NO. 2 (WESTSIDE AREA PUBLIC IMPRO~) PURSUANT TO ~
MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982
WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A
Resolution of the Board of Directors of the Old Town/Westside Community Facilities
District Financing Authority of Intention to Establish a Community Facilities District No. 2
and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community
Facilities Act of 1982" , stating its intention to form a community facilities district pursuant to
the Mello-Roos Community Facilities Act of 1982, as mended (the "Act"), Chapter 2.5 of
Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of
financing certain public improvements (the "Facilities"), as further provided in said
Resolution; and
WHEREAS, this Board of Directors estimates the mount required for the financing
of a portion of the costs of the Facilities to be the sum of not to exceed $10,000,000; and
WHEREAS, in order to finance a portion of the costs of said Facilities it is necessary
to incur bonded indebtedness in the mount of not to exceed $15,000,000.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority as follows:
1. It is necessary to incur bonded indebtedness within the boundaries of the proposed
Old Town/Westside Community Facilities District Financing Authority Community Facilities
District No. 2 (Westside Area Public Improvements) (the "District") in the mount of up to
$15,000,000 to finance the costs of the Facilities.
2. The bonded indebtedness is proposed to be incurred for the purpose of icing the
costs of the Facilities, including acquisition and improvement costs and all costs incidental to
or connected with the accomplishment of said purposes and of the financing thereof, as permitted
by Section 53345.3 of the Act.
3. This Board of Directors, acting as legislative body for the District, intends to
authorize the issuance and sale of bonds in the maximum aggregate principal mount of not to
exceed $15,000,000, bearing interest payable semi-annually or in such other manner as this
Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may
Resos\80 -1-
be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed
40 years from the date of the issuance of said bonds.
4. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the
Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the
same are hereby appointed and fixed as the time and place when and where this Board of
Directors, as legislative body for the District, will conduct a public hearing on the proposed debt
issue and consider and finally determine whether the public interest, convenience and necessity
require the issuance of bonds of the Authority for the District.
5. The Secretary is hereby directed to cause notice of said public hearing to be given
by publication one time in a newspaper of general circulation circulate! within the District. The
publication of said notice shall be completed at least seven (7) days before the date herein set
for said public hearing. Said notice shall substantially be in the form of Exhibit A hereto.
PASSED, APPROVFJ~ AND ADOFrED, by the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority at a regular meeting held on
the 12th day of September, 1995.
Jeffrey E. Stone, Mayor
ATTEST:
June S. Greek, CMC
Authority Secretary/City Clerk
R~sos\ll0 -2-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution No. 95- was duly adopted at a regular meeting of the
Board of Directors of the Old Town/Westside Community Facilities District Financing
Authority on the 12th day of September, 1995, by the following roll call vote:
AUTHORITYMEMBERS:
NOES:
AUTHORITYMEMBERS:
AUTHORITYMF~MBERS:
June S. Greek, CMC
Authority Secretary/City Clerk
Resos\80 -3-
EXHIBIT A
NOTICE OF PUBLIC I:!E~RING
Old Town/Westside Community Facilities District Financing Authority
Community Facilities District No. 2
(Westside Area Public Improvements)
Notice is hereby given that on September 12, 1995, the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority adopted a Resolution
entified "A Resolution of the Board of Directors of the Old Town/Westside Community
Facilities District Financing Authority of Intention To Incur Bonded Indebtedness of the
Proposed Old Town/Westside Community Facilities District Financing Authority Community
Facilities District No. 2 (Westside Area Public Improvements) Pursuant To The Mello-Roos
Community Facilities Act of 1982". Pursuant to the Mello-Roos Community Facilities Act
of 1982 (the "Act") the Board of Directors hereby gives notice as follows:
A. The text of said Resolution is as follows:
WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A
Resolution of the Board of Directors of the Old Town/Westside Community Facilities District
Financing Authority of Intention to Establish a Community Facilities District and To
Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act
of 1982", stating its intention to form a community facilities district pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part
1 of Division 2 of Ti~e 5 of the California Government Code, for the purpose of financing
certain public improvements (the "Facilities"), as further provided in said Resolution; and
WHEREAS, this Board of Directors estimates the amount required for the financing of
a portion of the costs of the Facilities to be the sum of not to exceed $10,000,000; and
WHEREAS, in order to finance a portion of the costs of said Facilities it is necessary
to incur bonded indebtedness in the amount of not to exceed $15,000,000.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old
Town/Westside Community Facilities District Financing Authority as follows:
1. It is necessary to incur bonded indebtedness within the boundaxles of the proposed
Old Town/Westside Community Facilities District Financing Authority Community Facilities
District No. 2 (Westside Area Public Improvements) (the "District") in the amount of up to
$15,000,000 to finance the costs of the Facilities.
Resos\80 4-
2. The bonded indebtedness is proposed to be incurred for the purpose of financing
the costs of the Facilities, including acquisition and improvement costs and all costs
incidental to or connected with the accomplishment of said purposes and of the financing
thereof, as permitted by Section 53345.3 of the Act.
3. This Board of Directors, acting as legislatix;e body for the District, intends to
authorize the issuance and sale of bonds in the maximum aggregate principal mount of not
to exceed $15,000,000, bearing interest payable semi-annually or in such other manner as
this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest
as may be authorized by applicable law at the time of sale of such bonds, and maturing not
to exceed 40 years from the date of the issuance of said bonds.
4. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the
Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the
same are hereby appointed and fixed as the time and place when and where this Board of
Directors, as legislative body for the District, will conduct a public hearing on the proposed
debt issue and consider and finally determine whether the public interest, convenience and
necessity require the issuance of bonds of the Authority for the District.
5. The Secretary is hereby directed to cause notice of said public hearing to be given
by publication one time in a newspaper of general circulation circulated within the District.-'
The publication of said notice shall be completed at least seven (7) days before the date
herein set for said public hearing. Said notice shall substantially in the form of Exhibit A
hereto.
B. The hearing referred to in the aforesaid Resolution shall be at the time and
place specified in said Resolution.
C. At that time and place the testimony of all interested persons, including
persons owning property in the area of the proposed community facilities district, will be
heard.
Dated: , 1995
June S. Greek, CMC, Authority Secretary,
City Clerk
ResosX80
CITY COUNCIL MEETING
ITEM 14
TO:
FROM:
DATE:
SUBJECT:
APPROV
CITY ATTORNf~
FINANCE OFFIC
CITY MANAGE
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Gary Thornhill, Community Development Director~''
September 12, 1995
Planning Application No. PA95-0066 (Variance) - Appeal
Prepared By: Matthew Fagan, Associate Planner
RECOMMENDATION:
The Planning Commission recommends that the City Council:
Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, UPHOLDING THE DECISION OF THE PLANNING
COMMISSION, DENYING PLANNING APPLICATION NO. PA95-
0066 TO PERMIT A FIFTY-FIVE (55} FOOT HIGH
FREESTANDING FREEWAY ORIENTED SIGN LOCATED AT
29105 FRONT STREET AND KNOWN AS ASSESSOR'$ PARCEL
NO. 921-110-030
BACKGROUND
The applicant met with Staff prior to the submittal to discuss plans for the sign. Staff
recommended that the applicant place the sign (for the proposed restaurant Chic 'N Station)
on his parcel near Front Street. Although a flag test would support a sign at forty-five (45)
feet in height, staff suggested that the sign be no greater than six (6) feet in height. This is
because a six foot high sign would be visible from SR79 South. The applicant already has a
fifty-five (55) foot high sign on the adjacent Texaco site. However, the applicant opted to
submit the variance request for a fifty-five (55) foot high sign.
The Planning Commission denied the variance request by a 4-0 vote at their meeting of August
14, 1995 (Commissioner Ford was absent from the meeting). The Commission discussed the
need for signage control and the cumulative impact of tall freeway oriented signs. They also
felt that the variance was not warranted because they believe that the sign would still be
visible at a lower height.
FISCAL IMPACT
None.
P,:~STAFFRPT~66PA95.CC 8r29195 tnf
Attachments:
2.
3.
4.
Resolution No. 95- - Page 3
Planning Commission Staff Report: August 14, 1995 - Page 7
Draft Planning Commission Minutes: August 14, 1995 - Page 8
Exhibits - Page 9
R:\STAFFRPT~66PAg$.CC 8129195 mf 2
ATTACHMENT NO. 1
RESOLUTION NO. 95-
R:\STAFFR.PT~66PA95.CC 8/29/9,~ mf ~
ATFACHMF2qT NO. 1
RESOLUTION NO. 95-
A RESOLIYFION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, UPHOLI)ING T~E DECISION OF THE
.PLANNING COMMISSION, DENYING PLANNING
APPLICATION NO. PA95-0066 TO PERMIT A FIFFY-FIVE
($b~ FOOT HIGH FREESTANDING FREEWAY OP-IENT!~D
SIGN LOCATED AT 29105 FRONT STREET AND KNOWN
AS ASSESSOR'S PARCEL NO. 921-110-030
WFrEREAS, Lou Kashmere fried Planning Application No. PA95-0066 in accordance
with the City of Temecula General Plan and Riverside County Land Use and Subdivision
Ordinances, which the City has adopted by reference;
WI~,REAS, Planning Application No. PA95-0066 was processed in the time and manner
prescribed by State and local law;
WItEREAS, the Planning Commission considered Planning Application No. PA95-0066
on August 14, 1995, at a duly noticed public hearing as prescribed by law, at which time
interested persons had an opportunity to testify either in support or in opposition;
WFI'EREAS, at the conclusion of the Commission hearing, the Commission denied
Planning Application No. PA95-0066;
WHEREAS, Lou Kashmere filed an appeal to the Planning Commission's decision to
deny Planning Application No. PA95-0066 in accordance with the City of Temecula General
Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted'
by reference;
WttEREAS, the City Council conducted a public hearing pertaining to Planning
Application No. PA95-0066 on September 12, 1995, at which time interested persons had
opportunity to testify either in support or opposition of Planning Application No. PA95-0066;
W'ffE~, the City Council received a copy of the Commission proceeding and Staff
Report regarding Planning Application No. PA95-0066;
NOW, TFI~,REFORE, THE CITY COUNCIL OF ~ CITY OF TEMECULA
DOES RESOLVE, DE~ AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings. That the Temecula City Council hereby makes the following
findings:
R:\STA~66PA95.CC 8129/95 mf
A. The Variance constitutes a grant of special privileges that is inconsistent with the
limitations upon other properties in the vicinity and zone in which the property is situated, and
which are necessary m protect the health, safety and general welfare of the community.
According to a flag test conducted for the Texaco sign (which is approximately 100 feet from
the proposed sign and at the same grade), a 45 foot high sign on the site could have visibility
from all directions but one. Visibility of the sign was adequate from the southbound lanes of
1-15 and Front Street, and westbound on lower Highway 79. The sign at 45 feet is not visible
from the northbound lanes of 1-15. Only the Texaco sign is greater than 45 feet in the area.
To allow a sign greater than 45 feet in height would not contribute to the health, safety and
general welfare of the community. Further, a sign at six feet in height would be adequate
because the sign could be visible from SR79 South at six (6) feet in height and because the
applicant already has a fifty-five (55) foot high sign on the adjacent Texaco site
B. Them are no special circumstances applicable m this property relating to size,
shape, topography, location or surroundings such that the strict :application of the height
restrictions for the sign would deprive the property of privileges enjoyed by other property in
the vicinity under the same zoning restrictions. The facts justifying this f'mding are described
in Section 2.A.
Section 3. Environmental Compliance. Planning Application No. PA95-0066
(Variance) is statutorily exempt pursuant to Article 18, Section 15270 of the California
Environmental Quality Act (CEQA). CEQA does not apply to projects which a public agency
rejects or disapproves.
Section 4. Decision. Based upon the findings set forth in this Resolution and the facts
presented to the City Council, and upon careful review and consideration of such matters, the
City Council of the City of Temecuh hereby denies the variance requested in Planning
Application No. PA95-0066.
R:\STAFFRl~66PA95.CC 9/5/95 mf 5
Section 4. PASSED, APPROVED AND ADOPTEX} this 12th day of September, 1995.
ATTF3T:
Jeffrey E. Stone, Mayor
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I Fl'F,111~.By CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 12th day of
September, 1995 by the following vote of the Council:
AYES:
NOES:
ABSENT:
CITY COUNCH-MEMBERS:
CITY COUNCILMEMBERS:
CITY COUNC~ERS:
June S. Greek, City Clerk
R:\STAFFRFI~66PA95.CC 8/29/95 tiff
ATTACHMENT NO. 2
PLANNING COMMISSION STAFF REPORT: AUGUST 7, 1995
R:\STAFFRPT~66PA95.CC 8/29t95 mf 7
MEMORANDUM
TO:
Planning Commission
FROM:
Gary Thornhill, Community Development Director
DATE:
August 7, 1995
SUBJECT:
Planning Application No. 95-0066 (Variance) - A variance to Ordinance No.
348, permitting a fifty-five (55) foot high freestanding freeway oriented sign at
29105 Front Street (Chic 'N Station)
Prepared by:
Matthew Fagan. Assistant Planner
RECOMMENDATION:
ADOPT Resolution No. 95-
95-0066 (Variance) based
contained in the staff report
denying Planning Application No.
upon the Analysis and Findings
PROJECT STATISTICS
Proposed Freeway Sign Height:
Proposed Sign Square Footage:
55 feet
150 square feet
PROJECT DESCRIPTION
The proposal is for a 55 foot high freestanding freeway oriented sign. The sign will be
internally illuminated and will be two sided. Each side of the sign will be approximately 150
scluare feet in area. Elevations for the sign are included as part of Attachment No. 2.
BACKGROUND
Planning Application No. 95-0066 was submitted to the Planning Department on July 18,
1995. The applicant met with Staff prior to the submittal to discuss plans for the sign. Staff
recommended that the applicant place the sign (maximum six feet in height) on his parcel near
Front Street for the proposed restaurant (Chic 'N Station). The applicant has opted to submit
the variance request for a fifty-five (55) foot high sign.
ANALYSIS
Site Analysis
The parcel on which the proposed sign would be located is approximately 150 feet from Front
Street. Because the parcel is not adjacent to Front Street, the applicant feels the sign does
not provide good visibility. The applicant ,requested that he be allowed to place the sign on
property adjacent to Front Street. That property is not owned by the applicant. A sign at that
location would be considered off-site and is not permitted per Ordinance No. 93-09 (Ordinance
R:~STAFF]I.F~66PA95.P~ g/3/95 mf ~
regulating off-site advertising). The applicant requested that the sign be allowed (temporarily)
off-site because ultimate improvements to the intersection of Front Street and the Western By-
Pass would necessitate the removal of the sign. At that time, he would locate his sign on his
parcel. The applicant stated that he would sign an agreement to remove the sign when the
improvements were installed. Therefore, Staff could not support this request because the sign
is off-site.
Staff's recommendations was for a lot line adjustment to bring the sign seventy-six (76) feet
closer to Front Street and that the applicant place a "V" shaped sign at the front of the parcel
in order to provide visibility from SR79 South and Front Street. Upon conducting a site
inspection, Staff has determined that a six (6) foot high sign at this location would not be
visible from Front Street but is visible from SR79 South.
Ordinance No. 348
Section 19.4 of Ordinance No. 348 regulates on-site advertising structures and signs.
According to this Ordinance, the maximum height of a sign shall not exceed 45 feet and the
maximum surface area of a sign shall not exceed 150 square feet. Any request higher than
45 feet in height requires a variance per Section 18.27 of Ordinance No. 348.
No RaQ Test ReQuired
Planning Department policy requires a flag test be conducted for freeway oriented signs. The
flag test is conducted in order to determine the lowest height that a freeway oriented sign is
visible. Staff did not require a flag test for this project because one was performed previously
for a fifty-five (55) foot high sign for Texaco which is adjacent to the project site. The
analysis of the flag test conducted for Texaco determined that a 45 foot high sign on the site
had visibility from all directions but one. Visibility of the sign was adequate from the
southbound lanes of I-15 and Front Street, and westbound on SR79 South. The sign at 45
feet is not visible from the northbound lanes of I-15. Staff feel that this analysis would pertain
to the proposed sign for Chic 'N Station, since it is proposed to be located approximately 100
feet from the existing Texaco sign.
EXISTING ZONING AND GENERAL PLAN CONSISTENCY
Current zoning for the site is M-SC (Manufacturing Service Commercial). Signs and on-site
advertising are permitted in the M-SC zone provided a plot plan is approved pursuant to
Section 18.30 of Ordinance No. 348. The applicant has submitted an Administrative Plot Plan
application concurrent with the Variance application. The General Plan Land Use Designation
for the site is Highway Tourist Commercial (HTC). It is likely that~signs will be permitted in
the HTC Land Use Designation of the City's Development Code.
ENVIRONMENTAL DETERMINATION
Planning Application No. 95-0066 (Variance) is statutorily exempt pursuant to Article 18,
Section 15270 of the California Environmental Quality Act (CEQA). CEQA does not apply to
projects which a public agency rejects or disapproves.
P,:~TAFFR.F~66PA95.PC 8/3/941 mf ~
SUMMARY/CONCLUSIONS
The applicant is requesting a fifty-five (55) foot high freestanding freeway oriented sign· Any
request higher than 45 feet in height requires a variance per Section 18·27 of Ordinance No.
348. It is likely that a 45 foot high sign at this location would have visibility from the
southbound lanes of !-15 and Front Street, and westbound on SR 79 South·
FINDINGS
The Variance constitutes a grant of special privileges, which in Staff's opinion, would
be inconsistent with the limitations upon other properties in the vicinity and zone in
which the property is situated, and which are necessary to protect the health, safety
and general welfare of the community. According to a flag test conducted for the
Texaco sign (which is approximately 1 O0 feet from the proposed sign and at the same
grade), a 45 foot high sign on the site could have visibility from all directions but one.
Visibility of the sign was adequate from the southbound lanes of I-15 and Front Street,
and westbound on lower Highway 79. The sign at 45 feet is not visible from the
northbound lanes of I-15. Only the Texaco sign is greater than 45 feet in the area. To
allow a sign greater than 45 feet in height would not contribute to the health, safety
and general welfare of the community.
Attachments:
Resolution No. 95- o Blue Page
Exhibits - Blue Page 7
R:L~"TA~PAg$.PC S/3/95 mf 3
ATTACHMENT NO. 3
DRAFT PLANNING COMMISSION MINUTES: AUGUST 7, 1995
(NOT AVAILABLE AT TIME OF PRINTING OF STAFF REPORT)
R:\STAR~'I~66PA95,CC 8/29195 m,f ~
ATTACHMENT NO. 4
EXHIBITS
R:\STAFFRPT~66PA95.CC 8129195 n~ 9
CITY OF TEMECULA
I(TIA; 0 J~O A D _
CASE NO. - PA95-0066 (VARIANCE)
EX!~RIT- A
PLANNING COMMISSION DATE - AUGUST 7, 1995
R:XSTAFFRPTX66PA95.PC 7124195 mf
CITY OF TEMECULA
\ /// "-
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DESIGNATION - HTC HIGHWAY TOURIST CO~CIAL
CASE NO. - PA95-0066 (VARIANCE)
PLANNING COMMISSION DATE - AUGUST 7, 1995
R:'~TAFFRP~66PA9~.l~ 7/7A./95 mf
CITY OF TEMECULA
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CASE NO. - PA95-0066 (VANCE)
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PLANNING CO1V~VIISSION DATE - AUGUST 7, 1995
SITE PLAN
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CASE NO. - PA95-4)0~6 (VARIANCE)
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PLANNING COMMISSION DATE - AUGUST 7, 1995
SIGN ELEVATION
R:XSTAFFR.l~66PA95.PC 7r)A/95 aft
ITEM 15
APPROVAL
CITY ATTORNEY
FINANCE OFFIC~U~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
Genie Roberts, Director of Finance
September 12, 1995
Community Services Funding Request Recommendations
RECOMMENDATION: That the City Council review and approve the Community Services
Funding requests for fiscal year 1995/96 per the attached table outlining the committee's
recommendations in response to the applications received from community based
organizations.
DISCUSSION: At the meeting of July 11,1995the City Council appointed a Community
Services Committee to meet one time to discuss applications for funding. Mayor Pro Tem
Lindemans and Councilmember Birdsall were selected to review the applications and forward
recommendations to council. On August 16, 1995 the Committee Members: Mayor Pro Tem
Lindemans, Counciimember Birdsall, Shawn Nelson, and myself, reviewed the requests for
funding based on criteria previously adopted by council. Attached are the committee's
recommendations which provide funding to 17 organizations totalling $90,000 from the City .
Council's social services funding.
FISCAL IMPACT:
$100,000.
The unencumbered balance in the City Council discretionary account is
Attachments:
Community Services Funding Program Detail
R: INOR TONL tA G END A SI CSFAPP. A GN 08/31/95
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ITEM 16
ITEM 17
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
'City Council
Ronald E. Bradley, City Manager ~__~
September 12, 1995
Temecula Library
APPROVAL
CITY ATTORNEY
RECOMMENDATION:
That the City Council approve $12,000 for appropriation from General Fund Balance to the
City Council Department Budget for expenditure to restore a 48 hour operating
schedule at the Temecula Library. '
BACKGROUND:
When the County Board of Supervisors approved the 1995-1996 contract with the County
Free Library, they authorized approximately $6.8 million for the current fiscal year. This
amount was $3.6 million short of the appropriation needed to maintain 1994-1995 service
levels. ~ Consequently, the library was forced to reduce spending by approximately 40%
through personnel and service hour reductions. All library branches were scheduled to be
open fewer hours per week. The local impact was that the Temecula branch was reduced
from 48 to 32 hours per week.
On July 7th Mayor Stone convened a meeting of interested local officials and library staff to
discuss the reduced hourly schedule. The result of that meeting was a request for further
financial and operational information from library and County staff and the scheduling of a
follow up meeting. The second meeting was held on August 18 and included representatives
of the County Board of Supervisors, the School Boards of Temecula and Murrieta, City Council
representatives of Temecula and Murrieta, and County and Library staff. A copy of the
Minutes of that meeting is attached for your information. A wide variety of possible solutions
to permit the library to remain open longer hours were discussed. As an interim solution,
representatives of the County Board of Supervisors and both cities indicated they would
approach their respective governing boards to request an emergency allocation of $12,000
each to allow the library to return to its former schedule while long term solutions to the
schedule were researched. The total $36,000 contribution by the three agencies would allow
the library to operate at its former schedule for approximately five months.
AGENDA REPORT: TEMECULA LIBRARY
PAGE 2
FISCAL IMPACT:
An appropriation of $12,000 from General Fund Reserves to the City Council department
budget is necessary to fund the city's contribution.
Attachment: August 18, 1995 Minutes
MINUTES OF A SPECIAL MEETING HELD JOINTLY WITH
REPRESENTATIVES FROM THE CITY OF TEMECULA,
THE CITY OF MURRIETA, THE TEMECULA UNIFIED SCHOOL DISTRICT
THE MURRIETA UNIFIED SCHOOL DISTRICT, AND THE
RIVERSIDE COUNTY BOARD OF SUPERVISORS
Mayor Jeffrey E. Stone of the City of Temecula called to order a Special Meeting at 9:07
AM on August 18, 1995, Main Conference Room, Temecula City Hall, 43174 Business
Park Drive, Temecula, California. Those attending were Mayor Jeffrey E. Stone, Mayor Pro
Tem Karel Lindemans, City Manager Ronald E. Bradley, Library Representative Marginia
Kelly, and Deputy City Clerk Susan Jones from the City of Temecula, Councilmember
Walsh and AI Vollbrecht from the City of Murrieta, Supervisor Kay Ceniceros and
Supervisor Bob Buster from the County of Riverside, Rick Shafer and Pat Novotney,
Temecula Valley Unified School District, Judy Rosen from the Murrieta School District and
Irene Liebenberg, Ron Stump and Barbara Dunmore from the Riverside City and County
Public Library.
Alternatives for library administration and funding were discussed. It was determined that
the City of Temecula, the City of Murrieta and the County of Riverside would approach
their respective boards to request a funding level of $12,000 each to restore library service
to 48 hours per week. This funding would allow the library to retain these hours for
approximately five months while long range solutions are explored. It was also requested"
that the library be opened for several hours on Sunday afternoons.
A further decision to establish a committee made up of three representatives from each
agency to look at long term solutions for library funding, including Grace Mellman from
Friends of the Library and representatives from the School Districts. The first meeting of
the committee would take place three weeks from today on September 8, 1995, at the
Main Conference Room, Temecula City Hall.
ADJOURNMENT
Mayor Stone adjourned the meeting at 10:24 PM.
ITEM 18
APPROVAL
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Gary Thornhill, Community Development Director
September 12, 1995
Memorandum of Understanding Concerning Specific Plan #199,
BCI/CCL
RECOMMENDATION:
It is requested that the City Council approve the Memorandum of Understanding, provided that
a construction schedule for the Recreation Center acceptable to the Community Development
Director is added to the MOU prior to execution, and direct the Mayor to execute the
Agreement on behalf of the City and the City Clerk to attest thereto.
BACKGROUND:
BCI/CCL was the silent partner with Bramalea in the Chardonnay Hills tract (refer to
Attachment No. 1 for the Vicinity Map). BCI/CCL has taken over the partnership and will be
building out the tract. In Section I of the Memorandum of Understanding (MOU), BCI/CCL has
committed to completing the Recreation Center by November 15, 1995 and prior to issuance
of occupancy permits for any homes. The Recreation Center has been the center of recent
controversy since Bramalea did not complete it in a timely manner. To insure the completion'
of the Recreation Center by the above deadline, staff recommends that the developer commit
to a construction schedule for the Recreation Center prior to execution of the MOU by the
Mayor. This schedule should also be made a part of the Development Agreement that will
follow the approval of this MOU.
ANALYSIS:
The attached MOU authorizes BCI/CCL to obtain building permits and occupancy permits for
homes in their development without payment of the Public Facilities Fees until such time as
the first production home obtains its Certificate of Occupancy. This provision is consistent
with previous approvals granted to similar projects in the City such as Costain Homes and-Van
Daele Development Corporation. The City is currently negotiating a new Development
Agreement between the City and BCI/CCL for this project. Approval of this MOLl will not
mandate that the City Council approve the draft Development Agreement, In the event that
the City Council denies the draft Development Agreement, the Memorandum of Understanding
provides that BCI/CCL will then pay the Public Facilities Fees as provided in the existing
Development Agreement No. 5.
R:\STAFFRPT~CCL.MOU 9/7/95 sn ]-
This MOU will allow the development of homes in the BCI/CCL project to move forward in an
expeditious fashion. BCI/CCL is agreeing to pay an Interim Public Facility Fee in the amount
of $3,000.00 per unit.
The indemnity provisions of this MOU are the same as the MOU between the City and Van
Daele. The existing Development Agreement (Riverside County Development Agreement No.
5) contains very broad indemnity language sufficient to protect the City's interests. This MOU
contains adequate language protecting the City against any challenges to the fee issue.
The Planning Commission and City Council will be presented in the near future with the draft
Development Agreement. The terms of the draft Development Agreement will be subject to
extensive negotiations between the City and the developer.
FISCAL IMPACT:
Development Agreement No. 5 Fee:
Interim Public Facilities Fee to be Collected:
111 Dwelling Units X $5,271 = $585,081
111 Dwelling Units X $3,000 -- $333,000
Attachments:
Vicinity Map - Page 3
Memorandum of Understanding - Page 4
R:XSTAFFRP'BCCL.MOU 9/7/95
ATTACHMENT NO. 1
VICINITY MAP
R:\STAFFRYI~CCL.MOU 9/'7/95 an 3
CITY OF TEMECULA
CASE NO. - SPECIFIC PLAN NO. 199
ATTACHMENT- 1
CITY COUNCIL DATE - SEPTEMBER 12, 1995
VICINITY MAP
R:\STAFFRFr~CCL.MOU 9/5/95 sn
ATTACHMENT NO. 2
MEMORANDUM OF UNDERSTANDING
R:\STAFFRPTXCCL.MOU 9f'//95 sn 4
MEMORANDUM OF UNDERSTANDING CONCERNING
PLANNING AREA No. 14 OF SPECH;1C PLAN No. 1~
BCI~CCL VENTURES No. I and No. 2
This Memorandum of Understanding, (the "Memorandum") is made
and entered into as of August , 1995 by and between the City
of Temecula (the "Cit~') and BCI/CCL Venture No. 1, L.P.
("BCI/CCL No. 1") and BCI/CCL Venture No. 2, L.P. ("BCI/CCL No.
2"), both California limited partnerships (BCI/CCL No. 1 and
BCI/CCL No. 2 are collectively referred to a "Owner".)
RECITALS:
A. The City Council of the City of Temecula is reviewing and
considering, as provided by law, an Amendment and Restatement of
Development Agreement between City and O~n~er (the "Draft
Agreement").
B. Owner is developing a residential project in what is known
as Planning Area No. 14 of Specific Plan No. 199, Tract Nos.
23100-1 (8 lots); 23100-2 (15 lots); 23100-3 (28 lots); 23100-4
(23 lots); 23101-2 (28 lots); and 23101-3 (9 lots) for a total of
111 lots (collectively, the "Project"). The Project is currently
subject to Development Agreement No. 5 between the County of
Riverside (the "County") and Kaiser Development Company, a
California corporation; Mesa Homes, a California corporation;
Margarita Village Development Company, a California joint
venture comprised of Buie-Ranch California, Ltd., a California
limited partnership and Nevada Rancho California, Ltd., a
California limited partnership; and Tayco, a California general
partnership comprised of Taylor Woodrow Homes, Inc., a Delaware
corporation, and others dated November 7, 1988 (the "Development
Agreement No. 5"), which requires Owner to pay certain
development fees (the "Development Fee").
C. Riverside County Ordinance No. 659, as adopted by the City,
establishes public facilities and services impact fees for
residential development with City ("RSA Fees"). City requires
these revenues to mitigate the impact of development. City
requires RSA Fees from development of the Project in order to
complete capital projects to mitigate the impact of the
development.
D. As the result of meetings between representatives of the
City and representatives of the Owner, the City has agreed that
the Project would be eligible for a development fee reduction due
to: (i) the excessive level at which the County originally
calculated the Development Fee; and (ii) the entry level nature
of the homes to be built in the Project.
F: \real \843\30064004\memo5. agm
E. Development Agreement No. 5 provided for public facilities
and services impact fees ("County Impact Fees") higher than the
RSA Fees. These higher fees, particularly during the present
recession, unduly discourage and delay development and thereby
prevent City from ever receiving the RSA Fees. Consequently, the
City desires to reduce the County Impact Fees for residential
development in the Project to a level comparable to RSA Fees.
F. The Project has been substantially delayed by reason of
adverse market conditions and the pending bankruptcy of Bramalea
U.S.A., Owner's predecessor in interest. The parties intend by
this Agreement to facilitate new construction within the Project
during the remainder of 1995's selling season (late summer and
fall) in an effort to obtain lost market momentum for the
Project, and avoid the adverse consequences to the Project and
City resulting from further delays in implementing the Project.
G. The Draft Agreement provides for Owner to pay the sum of
Three Thousand Dollars ($3,000.00) for each residential unit as
the Interim Public Facilities Fee. The Draft Agreement provides
for the collection of any Interim Public Facilities Fee to be
deferred until such time as Owner obtained a certificate of
occupancy for the first production home built in the Project.
H. Owner contemplates commencing construction of the homes for
the Project (111 Lots ) prior to acceptance by the City Council
of the Draft Agreement.
I. Owner intends to immediately commence the completion of the
Recreational Facility required incident to the approval of Tract
23103-1 which has been delayed because of adverse market
conditions, and complete said facility by November 10, 1995.
J. City desires, as an accommodation to Owner, to permit Owner
to pay the Interim Public Facilities Fee contemplated in the
Draft Agreement for all the homes in the Project, despite the
fact that the Draft Agreement providing for payment of the
Interim Public Facilities Fee has not yet been approved by City.
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, City and Owner agree as follows:
1. Modification of Fee. In lieu of any fee required by
Development Agreement No. 5, RSA Fee or City Public Facilities
Fee, Owner shall pay an Interim Public Facilities Fee in the
amount of Three Thousand Dollars ($3,000.00) per dwelling unit
within the Project. If City fails to approve or adopt the Draft
Agreement or if the Interim Public Facilities Fee, as established
by City, is some number other then Three Thousand Dollars
($3,000.00) per dwelling unit, then the fee paid by Owner to
City shall be adjusted accordingly. Owner shall pay any increase
or City shall pay to Owner any decrease within thirty (30) days
F: \real \843\30064004\memo5. agm - 2 -
from the effective date of City Council's action on the Amendment
and Restatement of Development Agreement.
2. Fee Deferral. The Interim Public Facilities Fee for all
units within the Project shall be deferred until such time as a
certificate of occupancy has been obtained for the first
production home built in the Project. Upon the issuance of a
certificate of occupancy for the first production home within the
Project, Owner shall pay to the City the Interim Public Facility
Fee for each unit for which such fee had been deferred.
Thereafter, the Interim Public Facilities Fee shall be paid at
the time of issuance of building permits for each residential
unit constructed in the Project.
3. Completion of Recreational Facility.
(a) Owner shall commence construction of the Recreational
Facility required incident to the approval of Tract 23103-1
("Recreational Facility") on approximately August 15, 1995.
Owner shall use commercially reasonable efforts to complete the
construction of such facility as soon as practicable, but no
later than November 15, 1995. Owner agrees that City shall not
issue any certificate of occupancy for any dwelling unit
constructed pursuant to any building permit issued on or after
the date of this Memorandum, until such time as the Recreational
Facility is completed and accepted by the City.
(b) Notwithstanding the preceding, Owner's obligations
under this paragraph 3 are expressly conditioned upon (i) Owner
acquiring title to the Property on which the Recreational
Facility is to be constructed, or written permission from the
Owner thereof to construct such facility; and (ii) approval by
the United States Bankruptcy Court of the Third Amendment to
Partnership Agreements for Owner.
4. Indemnity and Cost of Litigation
4.1 County Litigation Concerninq Aqreement. In the event
the County seeks to challenge the right of City and Owner to
enter into this Memorandum, and institutes an action, suit or
proceeding to challenge this Memorandum or invalidate and/or
enjoin the enforcement of this Memorandum, City and Owner agree
to cooperate and participate in a joint defense in any action
against the parties, their officers, agents, and employees, from
and against any and all such obligations, liability, suit, claim,
loss, judgment or lien, resulting from such action(s) brought by
County (but excluding actions to expunge any lis pendens) and to
share the costs associated with attorneys' fees and costs that
the parties may incur as the result of any such action or lawsuit
to challenge City and/or Owner's legal authority to enter into
this Memorandum. If the County action is against all impacted
developments for which the City has lowered the county fees, the
F: \real \843\30064004\memoS. agm - 3 --
Owner's defense costs herein shall be its pro rata share among
all impacted landowners based on a faction, the numerator of
which is the total units owned by Owner which are subject to this
Memorandum and the denominator is the total number of units
within the City in which the City has lowered the County Fees.
If the County action is only against Owner with respect to this
Memorandum, and not against other impacted landowners for which
the City has lowered the County fees, then Owner's defense costs
shall be 100% of the attorneys' fees and costs for defense of the
litigation. Damages (including the difference in the amount of
any Interim Public Facilities Fee and the amount of the County
Development Agreement Fee paid by Owner to City pursuant to the
terms of this Memorandum) shall be the responsibility of Owner.
To the extent Owner has paid Interim Public Facilities Fees
and/or County Development Agreement Fees to City of which it is
adjudicated (by final judgment of a court of competent
jurisdiction) are lawfully the funds of County, City shall pay
such sums to County and Owner shall have such liability for the
payment of the difference between such fees reduced by the amount
paid by the City. City and Owner shall mutually agree on legal
counsel to be retained to defend any such action(s) brought by
the County as herein provided. City and Owner each reserve the
right to withdraw from the defense of the County litigation in
the event the County prevails at the trial level and there is an
appeal. If either party withdraws after the trial and there is-
an appeal, the remaining party shall pay all the costs and fees
associated with said appeal. As a matter of agreement between
BCI/CCL No. 1 and BCI/CCL No. 2, all costs are associated with
indemnity set forth in this paragraph 4 , or liabilities
described in paragraphs 4.2 and 4.4 below, shall be divided
between such parties sixty percent (60%) to BCI/CCL No. 2 and
forty percent (40%) to BCI/CCL No. 1.
4.2 Public Facilities Fees Shortfall. In the event the
County prevails in any legal action or other proceeding to
challenge, set aside, or enjoin the enforcement of this
Memorandum and a trial court determines by final judgment or
order that the Owner and/or the City is liable to make up any
shortfall between the amount of the Interim Public Facilities Fee
or the City Public Facilities Fee, as the case may be, and the
County Development Agreement Fee which would otherwise have been
imposed pursuant to Development Agreement No. 5, then Owner shall
be responsible for paying any such shortfall subject to City's
payment to County of any amounts collected and held by City under
the terms of Development Agreement No. 5. Such payment by City
to County shall reduce Owner's liability to County for payment of
such fees by a like amount paid by City.
4.3 County Prevails in Litigation - Severabillty. In the
event the County prevails at the trial court level against the
City or the Owner as described in Section 4.1 of this Memorandum,
the amount of the Interim Public Facilities Fee or the City
F: \real \843\30064004\memoS. agm -4 --
Public Facilities Fee, as the case may be, shall revert to the
amount of the County Development Agreement Fee in effect at the
time of entry of the final judgment in favor of the County (or
such lesser amount as determined by the Court). In the event his
Memorandum is held to be invalid or unenforceable by a trial
court of competent jurisdiction, Owner shall thereafter pay the
County Development Agreement Fee as provided in Section 4.2 of
Development Agreement No. 5 (or such lesser amount as determined
by the Court). All other provisions of this Memorandum or any
subsequent agreements relating to the Project shall remain valid
and enforceable notwithstanding said ruling of invalidity.
4.4 Third Party Litigation Concernin~ AQreement. Owner
shall defend', at its expense, including attorneys' fees,
indemnify, and hold harmless City, its agents, officers and
employees from any claim, action or proceeding against City, its
agents, officers, or employees to attack, set aside, void, or
annul the approval of this Memorandum or the approval of any
permit granted pursuant to this Memorandum brought by a third
party other than the County, which claim, action or proceeding is
based upon this Memorandum. City shall promptly notify Owner of
any such claim, action, or proceeding, and City shall cooperate
in the defense. If City fails to promptly notify Owner of any
such claim, action, or proceeding, or if City fails to cooperate
in the defense, Owner shall not thereafter be responsible to
defend, indemnify, or hold harmless City. City may in its
discretion participate in the defense of any such claim, action
or proceeding.
4.5 Termination of Memorandum of Understanding. If the
Draft Agreement is approved by the City Council, this Memorandum
shall terminate upon the effective date of the Draft Agreement.
If the Draft Agreement is disapproved by final action by the City
Council, then the obligations of Owner under this Memorandum
shall terminate and Owner thereafter shall be subject to the
terms of Development Agreement No. 5.
5. Rancho California Road Fund. Owner and City acknowledge and
agree that no building permits for any dwelling unit within the
Project shall be issued by the City until such time as the Rancho
California Road Fund has been funded, as required by the terms of
the agreement establishing such Fund.
IN WITNESS WHEREOF, the parties executed this Memorandum as of
this day August, 1995.
By:
CITY OF TEMECULA
Jeff Stone, Mayor
F: \real \843\30064004\memo5. agm -5 -
ATTEST:
June S. Greek, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
BCI/CCL VENTURE NO. 1, L.P.
California limited partnership
and BCI/CCL VENTURE NO. 2,
L.P., a California limited
partnership
BY: CCL CHARDONAY HILLS,
INC., a California
corporation, their
General Partner
By
Its
F: \real \843\30064004\memo5 .agm --6--
ITEM 19
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
June S. Greek, City Clerk
September 12, 1995
Designation of Voting Delegate for League of California Cities Annual
Conference
RECOMMENDATION:
Designate a voting representative and an alternate.
BACKGROUND: Each year at the League Annual Conference the member cities are asked
to designate the voting delegate and alternate. Every member city is entitled to one vote in
matters affecting municipal or League policy. The business meeting will be held on Saturday,
December 2, 1995 at the congress of Cities in Phoenix, Arizona. If it is not possible for a
member of the City Council to be present the Council may designate a city official who is
attending the conference.
I have attached the memorandum from the League President which further elaborates:
on the voting procedures.
· .FISCAL IMPACT: None
ATTACHMENTS:
California Cities
Memorandum from Donald J. Borut, Executive Director, League of
JSG
R:~egende.r~t%LOCCvete I
To:
1995 CONGRESS OF CITIES -- PHOENIX, ARIZONA
Chad'man. Credenliab Commatree
Nalenal League oI Cile$
1301 Pennsylvania Avenue, N.W.
WashingIon, O.C. 20004
FOR 0FFtCE USE
The Officsat vottng delegate and alternales for the City of
FOR OFRCE USE ONLY FOR OFRCE USE ONLY
Ad,. Cmd. VOTING CARD ISSUED TO
On-Sile Cred.
Recofd I0 # Skinature
VOTING DELEGATE
],
NAME TITLE
CITY STATE
are as loHows:
0
FOR OFFICE USE ONLY FOR OFFICE USE ONLY
Adv. Cred. Adv. Cred.
On-Site Czed. __ On-Sale Crnd. __
Record ID #__ . Record lO ,f
NAME TITLE
CITY STATE
ALTERNATE VOTING DELEGATES
3.
NAME TITLE
CITY STATE
S~gned by: Title: Date:
NOTE: Each direct member city is entitled to one voting delegate end two alternate veilfig delegates. The num~of of votes w1Qich Con be Cast is based on the Clly's population as
detertamed m 1he 1990 Census.
1 PLEASE DO NOT FILL IN SHAOED AREA. THIS IS FOR NLC OFFICE USE ONLY
Z. PieHe type or print your city name wi the Space provmld
3. Pieuse type or pnnt the name, trite, c~ty. and state of Yetrag delegate and alternate(s).
4 Please sign the IVOR__Y form end return to Chaa~nan. CtedeflfmL$ Cenlmettee; send the BLU.__.~E copy to your State Leaque Directof; and keep WHITE copy for ypof record.
August 18, 1995
MEMORANDLrM
To:
From:
Subject:
National 1301 Pennsylvania Avenue N.W.
League Washington, D.C.
of 20004
CRies (202) 626-3000
Fax: (202) 626-3043
City Clerk/of Direct Member Cities
Donald J. Borut, Executive Direc~'~l/-Af{~ '~~
Officers
Voting and Alternate Voting Delegates. Annual Congress of Cities,
November 29 - December 2, 1995, Phoenix, Arizona
DUE OCTOBER 6. 1995
The National League of Cities' Annual Business Meeting will be held Saturday, December 2,
1995 at the Congress of Cities in Phoenix, Arizona. Under the Bylaws of the National League
of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the
city's population, through its designated voting delegate at the Annual Business Meeting. The
table on the reverse side of this memorandum shows the breakdown of votes by population
categories.
To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must
be designated by the city using the attached form which will be forwarded to NLC's Credentials
Committee. NLC's Bylaws expressIv prohibit .votine bv oroxy. Thus, the designated voting
delegates must be present at the Annual Business Meeting to cast the city's vote or votes.
To enable us to get your credentials in order and to provide your voting delegates with proposed
National Municipal Pol icy amendments and proposed Resolutions prior to the Congress of Cities,
we ask that you return the IVORY copy of the completed form to NLC on or before October '
6, 1995. A pre-addressed envelope is attached. Upon receipt of these names, NLC will send
each voting and alternate voting delegate a set of instructions on registration and rules governing
the conduct of the Annual Business Meeting.
To assist your state municipal league in selecting delegates to cast votes on behalf of the state
municipal league, please forward the BLUE copy of the credential form to your state league
office and keep the WHITE copy for your records. A list of the state leagues is enclosed.
If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3020.
Pelt Prelki~l: F. eRI Herdson, Mayor. Scotfermi Ne~. NOrm Caroline · Gla~d8 E. I'k)od, Mayor. OrlanOo. Florida · CI~ Reyn~il, Councilwoman-a-Large. Denver. Colorado · DOectwx:
LuCy T. Nleft, Mayor. Louts~mjrg, Norm Carolina · Karen Anderson, Mayor. Minnetonka. MinnesoTa · Clarence E. Anthony, Mayor, South Bay. Flonda · Ann Azlrl. Mayor. Fort Collint
Colorado · LoCk P. Belchurn, Sr., Councilman. Youngstown, Oha) · Oen BenNnghmen, Execulwe Director, League Of Calilornm Cities · Larl Billely, Counc~lmemlxr. Mortrove. Califom~ ·
Eddie L llankenshlp, City Councfi Pfes,,dent. Birrmngnam. Alabama - John W. Butt. Councilmember. ChesaDeak. e. Virginia · CIIt Clallen, ExecutNe Director. Wyoming Assooatton of
MunK~Dalffies · Larry R. CUrilL Mayor. Ames. IOwa · J~hn Divine. Cornmismoner. Saline. Kansas · Alvtn P. DuP0nt, Mayor. TuscaloosL Alaj~ma · RIchlrfl J. i Mayor, Trotwood. Ohio ·
James C. Hunt, Counc;irnefT~er. Clark.fDurg, West Virgrnla · Sleven L Jlffily, Executwe DirecTor. Vermont League of Citjes artcI Towns · Welter F. Kelly, TOwn COUnGI PresiOent, Fishe~.
In(liane · llene an, Mayor. Lauderhill. Florida · Sylvia L. Lov~y, Execu~ve Director. Kentucky Leigue of CRies · MalyInn MII11fiey, City CUuncd Presi(Xnt. Detroit. Micmgan ·
Christopher K. McKenzle, Executive Director. League of Kansas MuniciDalitias * Theme M. ktno, Mayor. Boston. Massachusetts · WIll D. Minter, Mayor Pro Tern. Oak Ridge. Tennessee ·
David W. ire, Mayor, Baaurnont, Texas · Thinhal F. M0reles, Jr., Councfimem~er, Avon~ale, Artzone · Kathy M0ms, Mayor. San Mam0s. Texas · Kathryn Neck, Mayor, Pin,t,
California · Jemel P. Nix, Mayor. FaimoO e. Nailarea · Mlcheel J. Quinn, ExecutNe Director, |nclk~na ASsooabon of Cities and Towns · CUrolyn Fitto, CounolrnerrVDer. Turtock. Calilornsa * Bill
Fieveil, Mayor. DyerslxJrg. Tennessee · Nl~e IL Sincttez, Councji Meml:)er. Port Huron. Midq~gan · AIk:=e Schlanker, Mayor. La~e Oswego, Oregon · Wineton Seedel, Mayor Pro Tern. Roc~
Hill. South Caroline · J(IW F. Slnklawic, Mayor. Loves Par~. Iltinols · Jow A. Swell ExectjtNe Director. Tennessee Ivlunicspal League * Meltart B. TIIco, Coum. PhiladelDhiL
Pennsyivar, a · Max W. WetIs, Councdmernber. Dam. Texas · Thomas L Werth, Mayor. Rochester. ~ · Don Zlntlnentln, ExeculNe Director, Arkansas MunN~oal League
Recycted Paper
NATIONAL LEAGUE OF CITIES
ANNUAL CONGRESS OF CITIES
Number of Votes - Direct Member Cities
Article IV. Section 2 of NLC's Bylaws specifies as follows the number of votes which each
member city of the National League of Cities is entitled to cast at the Annual Congress of Cities:
CITY POPULATION (*per 1990 census)
Under 50.000
50.000 - 99.999
100,000 - 199,999
200,000 - 299,999
300,000 - 399~999
400.000 - 499.999
500,000 - 599,000
600,000 - 699,000
700.000 - 799.000
800,000 - 899,000
900.000 and above
1 vote
2 votes
4 votes
6 votes
8 votes
10 votes
12 votes
14 votes
16 votes
18 votes
20 votes
Note: Member cities are required by the Bylaws to cast unanimous votes.
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
June S. Greek, City Clerk
September 12, 1995
Designation of Voting Delegate for National League of Cities Annual
Conference
RECOMMENDATION:
Designate a voting representative and an alternate.
BACKGROUND: Each year at the League Annual Conference the member cities are asked
to designate the voting delegate and alternate. Every member city is entitled to one vote in
matters affecting municipal or League policy. The business meeting will be held on Saturday,
December 2, 1995 at the congress of Cities in Phoenix, Arizona. If it is not possible for a
member of the City Council to be present the Council may designate a city official who is
attending the conference.
I have attached the memorandum from the League President which further elaborates
on the voting procedures.
FISCAL IMPACT: None
ATTACHMENTS:
of Cities
Memorandum from Donald J. Borut, Executive Director, National League
JSG
R:\agenda.rpt\LOCCvote I
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
June S. Greek, City Clerk
September 12, 1995
Designation of Voting Delegate for League of California Cities Annual
Conference
RECOMMENDATION:
Designate a voting representative and an alternate.
BACKGROUND: Each year at the League Annual Conference the member cities are asked
to designate the voting delegate and alternate. Every member city is entitled to one vote in
matters affecting municipal or League policy. The business meeting will be held on Saturday,
December 2, 1995 at the congress of Cities in Phoenix, Arizona. If it is not possible for a
member of the City Council to be present the Council may designate a city official who is
attending the conference.
I have attached the memorandum from the League President which further elaborates
on the voting procedures.
FISCAL IMPACT: None
ATTACHMENTS:
California Cities
Memorandum from Donald J. Borut, Executive Director, League of
JSG
R:\agenda.rpt\LOCCvote 1
NATIONAL LEAGUE OF CITIES
ANNUAL CONGRESS OF CITIES
Number of Votes - Direct Member Cities
Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each
member city of the National League of Cities is entitled to cast at the Annual Congress of Cities:
CITY I~()!~UI,ATI()N (*l~er 1990 census)
t ;nclcr 50.()()0
5().000 - 99.999
1()0,{)00 - 199.999
200,000 - 299,999
300,000 - 399,999
400,000 - 499,999
500,000 - 599,000
600,000 - 699,000
700,000 - 799,000
800,000 - 899,000
900,000 and above
NUMI;I:.R ()F V()TES
1 vote
2 votes
4 vOleS
6 votes
8 votes
10 votes
12 votes
14 votes
16 votes
18 votes
20 votes
Note: Member cities are required by the Bylaws to cast unanimous votes.
August 18, 1995
MEMORANDU/M
To:
From:
Subject:
National 1301 Pennsylvania Avenue N.W.
League Washington, D.C.
of 20004
CIties (202) 626-3000
Fax: (202) 626-3043
City Clet'kg of Direct Member Cities
Donald J. Borut, Executive Dire~~
Officers
President
Camlyn Long Banks
Councikvoman-at-Large, Atlanta, Georgia
First Vice PresSeat
Gregory S. Lashutka
Mayor, Columbus, Ohio
Second Vice President
Glenda E. Hood
Mayor, Odando, Rodda
Immediate Past President
Sharpe James
Mayor, Newark, New Jemey
Executive Director
Donald J. Bofut
Voting and Alternate Votin~ Delegates, Annual Congress of Cities,
November 29 - December 2, 1995, Phoenix, Arizona
DUE OCTOBER 6, 1995
The National League of Cities' Annual Business Meeting will be held Saturday, December 2,
1995 at the Congress of Cities in Phoenix, Arizona. Under the Bylaws of the National League
of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the
city's population, through its designated voting delegate at the Annual Business Meeting. The
table on the reverse side of this memorandum shows the breakdown of votes by population
categories.
To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must
be designated by the city using the attached form which will be forwarded to NLC's Credentials
Committee. NLC's Bylaws expressly prohibit voting by proxy. Thus, the designated voting
delegates must be present at the Annual Business Meeting to cast the city's vote or votes.
To enable us to get your credentials in order and to provide your voting delegates with proposed
National Municipal Policy amendments and proposed Resolutions prior to the Congress of Cities,
we ask that you return the IVORY copy of the completed form to NLC on or before October
6, 1995. A pre-addressed envelope is attached. Upon receipt of these names, NLC will send
each voting and alternate voting delegate a set of instructions on registration and rules governing
the conduct of the Annual Business Meeting.
To assist your state municipal league in selecting delegates to cast votes on behalf of the state
municipal league, please forward the BLUE copy of the credential form to your state league
office and keep the WHITE copy for your records. A list of the state leagues is enclosed.
If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3020.
Past Presidents: Ferd Harrison, Mayor, Scotland Neck, North Carolina · Glands E. Hood, Mayor, Orlando, Florida · Calhy Reynolds, Councilwoman-at-Large, Denver, Colorado · Directors:
Lucy T. Allen, Mayor, Louisburg, North Carolina · Karen Andersen, Mayor, Minnetonka, Minnesota · Clarence E. Anthony, Mayor, South Bay, Florida · Ann Azarl, Mayor, Fort Collins,
Colorado · Lock P. Beachum, Sr., Councilman, Youngstown, Ohio · Don Bennlnghoven, Executive Director, League of California Cities · Lara Blakely, Councilmember, Monrovia, California ·
Eddie L. Blankenshlp, City Council President, Birmingham, Alabama · John W. Butt, Councilmember, Chesapeake, Virginia · Carl Classen, Executive Director, Wyoming Association of
Municipalities · Larry R. Curtis, Mayor, Ames, Iowa · John DIvine, Commissioner, Salina, Kansas · Alvln P. DuPont, Mayor, Tuscaloosa, Alabama · Richard J. Haas, Mayor, Trotwood, Ohio ·
James C. Hunt, Councilmember, Clarksburg, West Virginia · Stevan E. Jeffrey, Executive Director, Vermont League of Cities and Towns · Walter F. Kelly, Town Council President, Fishers,
Indiana · liens Liebarman, Mayor, Lauderhill, Florida · Sylvia L. Lovely, Executive Director, Kentucky League of Cities · Maryann Mahaffey, City Council President, Detroit, Michigan ·
Christopher K. McKenzle, Executive Director, League of Kansas Municipalities · Thomas M. Menlno, Mayor, Boston. Massachusetts · WIll D. Minter, Mayor Pro Tern, Oak Ridge, Tennessee ·
David W. Moore, Mayor, Beaumont, Texas · Thomas F. Morales, Jr., Councilmember, Avondale, Arizona · Kathy Morris, Mayor, San Marcos, Texas · Kathryn Nack, Mayor, Pasadena,
California · Jams P. Nix, Mayor, Fairhope, Alabama · Michael J. Qulnn, Executive Director, Indiana Association of Cities and Towns · Carolyn Ratto, Councilmember, Turlock, California · BIll
Revell, Mayor, Dyersburg, Tennessee · AIIcla M. Sanchsz, Council Member, Port Huron, Michigan · Alice Schlenker, Mayor, Lake Oswego, Oregon · Winston Searles, Mayor Pro Tem, Rock
Hill, South Carolina · Joseph F. Slnklawlc, Mayor, Loves Park, Illinois · Joseph A, Sweat, Executive Director, Tennessee Municipal League · Marlan B. Tasco, Councilwoman, Philadelphia,
Pennsylvania · Max W. Wells, Councilmember, Dallas, Texas · Thomas L. Werth, Mayor, Rochester, Michigan · Don Zlmmerman, Executive Director, Arkansas Municipal League
Recycled Paper
ITEM 20
CITY ATTORNA;YPROV~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
City Council/City Manager
Gary Thornhill, Community Development Director~F/
DATE:
September 12, 1995
SUBJECT:
Award of a Professional Services Contract to Urban Design Studio to Prepare
Citywide Design Guidelines
Prepared By:
Craig D. Ruiz, Assistant Planner
RECOMMENDATION: 1.
Award a Professional Services Contract to Urban Design
Studio to Prepare Design Guidelines in the amount of
$37,510
Authorize Mayor to Execute Contract and the City Clerk
to Attest
Appoint members to the Design Guidelines Advisory
Committee
BACKGROUND
The City Council adopted the General Plan on November 9, 1993. Included within the General
Plan is the Community Design Element. This Element provides goals and policies that address -'
the City's visual form and character from both a city-wide and focused subarea basis. The
Element also calls for the preparation of detailed design guidelines which will provide for site,
architecture and landscape design standards for both future development and modifications
to existing development. These guidelines will be used City-wide, with the exception of the
area covered by the Old Town Specific Plan.
In May of 1995, the City of Temecula Planning Department issued a Request for Proposals
(RFP) to consulting firms to prepare Design Guidelines. In response to the City's request, ten
firms submitted proposals. Planning Manager Debbie Ubnoske, Senior Planner John Meyer,
Senior Planner David Hogan and Assistant Planner Craig Ruiz reviewed all ten proposals and
ranked the firms based upon their expertise and ability to prepare the guidelines. The top five
firms where then interviewed by Councilmember Pat Birdsall, Planning Commissioner Andrew
Webster and Senior Planner John Meyer. The interview panel rated Urban Design Studio
(UDS) as the preferred firm. Staff then met with UDS to discuss, negotiate and finalize the
proposed scope of work and costs of the project. In addition to being the top rank firm, UDS
also submitted the lowest bid of the ten responding firms.
Once the contract is awarded, staff recommends that the Council appoint one Councilmember
to the Design Guidelines Advisory Committee. Staff further recommends that the committee
R:~RUIZC',ST~ESIGNGL.AWD 8/31/95 cdr
consist of one Councilmember, two Planning Commissioners (Commissioners Webster and
Miller have previously been appointed), and three members of the public. It is also staff's
recommendation that Council direct staff to appoint three members of the public to the
advisory committee. If so directed, staff would appoint members familiar with the design and
development process in Temecula. As an alternative, the Council may nominate and appoint
committee members at their next Council meeting. If the Council chooses this option, each
Councilmember should bring the names of two people to nominateto the September 26, 1995
Council meeting.
As outlined in the scope of work (see Attachment "A"), committee members would attend a
minimum of on field trip and three meetings to review the draft guidelines and provide
comments and recommendations.
FISCAL IMPACT
The approval of the contract will result in the expenditure of $37,510. This amount has been
budgeted for in the Planning Department's current fiscal year budget.
Attachments:
1. Scope of Work
2. Project Time Line
R:~Rt/IZC~STAFFRF~DES[GNGL.AVV'D 8131195 cdr ~}
ATTACHMENT NO. 1
SCOPE OF WORK
R:~RUIZC'~STA~SIGNGL.AWI) 8131195 cdr 3
I!!
"EcE vE 'echnical Approach
If selected to undertake this project, Urban Design Studio will conduct the study
according to the work program described below. The work program assumes that City
staff will provide advisory assistance regarding policies and procedures and will provide
available plans, maps, reports, and other such information as needed for the study. We
will also need staff to coordinate the two public workshops and the Planning
Commission/City Council hearings.
Throughout the work program we have identified a number of meetings, workshops, .and
public hearings. In accordance with the City's RFP, we have included only those
meetings in our professional fee. As requested, all additional meetings, workshops, and
public hearings will be attended on a time and materials basis.
The number of meetings, workshops, etc. proposed in the following work program is the
minimum recommended complete the program in an efficient manner. Also, we
acknowledge that the time frame for preparing the Village Center Design Guidelines may
not coincide with the preparation of the City-Wide Design Guidelines Manual and that the
preparation of a working paper on the Village Center concept may be necessary to
coordinate with other staff before finalization.
TASK 1.0 - PROJECT INITIATION
TASK 1.1-SCOPE REFINEMENT
The consultant team's project manager will meet with City staff to review and refine a final
work program. Schedule milestones will be discussed and finalized as well as preferred
future meeting dates, times, and methods for obtaining required information. (Completed)
TASK 1.2- BACKGROUND MATERIALS
The consultant team will meet with City staff to obtain plans, reports, ordinances, and
studies applicable to the project. We will specifically gain an understanding of any current
"in-house" design guidelines and established review procedures. We will provide the staff
with a list of desired materials prior to the meeting. Materials may include:
· General Plan Land Use and Community Design Element
· Zoning Ordinance (including signs and landscaping)
· Existing Design Standards/Guidelines Contained in Specific Plan (otherthan Old Town)
· Any Adopted Specific Plans (which contain good design guidelines)
· Four Recent PC Staff Reports (where design was an issue)
· Street Tree List (if one exists)
· City Base Maps with Village Centers identified
City of Temecula
Proposal for City-Wide and Village Center Design Guidelines
II1-1
I!!
Technical Approach
TASK 1.3 - DESIGN RECONNAISSANCE FIELD TRIP
One of the most overlooked components of preparing
guidelines is to gauge the City's values regarding
urban design. We will request the City staff set up a
time (concurrent with Tasks 1.1 and 1.2) to conduct a
vehicular field trip. What will be important to ascertain
is the level of detail or scrutiny that the staff feels
comfortable with in the Village Center design
guidelines. We propose a pre-field trip with City staff
in the morning, to be followed by another in the
afternoon. Advisory Committee members will attend
the afternoon trip only.
TASK 1.4 - DESIGN GOALS AND OBJECTIVES
The establishment of goals and objectives will direct
the "posture of the study." The project team will meet
with staff to discuss their expectations. After a general
consensus has been reached, the consultant will
prepare a preliminary list of goals and objectives for
the Design Standards Manual. This task does not
have to be time consuming, but the consultant team
feels its completion is imperative.
PRODUCTS:
No Physical Products At this Stage Will Be Submitted
city of Temecula
Proposal for City-Wide and Village Center Design Guidelines
111-2
!!1
Technical Approach
TASK 2.0 - PREPARATION OF
PRELIMINARY DESIGN MANUAL DRAFT
The purpose of this phase is to develop a design manual useful to the City and property
owners to direct communi~/design decision. This phase includes review and revision of
draft documents to assure that the product is both understandable and acceptable to
staff.
TASK 2.1 - OUTLINE OF DESIGN MANUAL
As a preliminary step, a draft outline of the Design Guidelines Manual will be prepared
and submitted for review and comment by staff. Staff will transmit one red ink copy of
final changes to the consultant within two weeks. Verification of a final outline will occur.
TASK 2.2 - DRAFT DESIGN MANUAL
Urban Design Studio will prepare a draft text of the Design Manual based on discussions
with staff and their revisions to the outline of the Design Manual. Due to the variety of
land uses which require design guidelines, Urban Design Studio feels it is best to break
up the guidelines into subsections as follows.
Commercial Guidelines
These guidelines will address the site planning and architecture of different commercial
types. The design principles for each type may somewhat overlap one another; however,
specific design criteda must be developed for each building type to be truly effective. The
City has existing guidelines for Old Town, so these are not included here.
To be different fromthe Village Center's "paradigm" guidelines, these guidelines will focus
on typical commercial types such as:
· Commercial Thoroughfare
· Mini Malls
· Automotive Drive-Thru
· Shopping Centers (10 acre plus)
· Hotels
· Gas Stations
· Churches
City of Temecula
Proposal for City-Wide and Village Center Design Guidelines
i!1-3
Iil
Technical Approach
The manual itself will be a combination of design principles, design guidelines, and
design standards. The structure and contents of the Commercial Guidelines will be
essentially as follows.
Site Plannine
· building placement
· setbacks
· land use buffering
· service areas
· infill construction
· relationship to adjoining properties
Circulation
· vehicular circulation'
· inter-intra site circulation
· pedestrian circulation standards
· parking space size and design requirements
(per code)
· driveway throat design standards
· handicapped provisions
· "queuing" setback
Architecture
· design issues relative to building materials
· architectural compatibility
· appropriate and inappropriate building materials
· color (if appropriate) (prohibit bizarre colors?)
· mass and bulk
· mechanical equipment/accessory structures
· roofs and rooftop equipment
(location, type, screening)
· wall standards
· storefront design basics
· awnings
city of Temecula
Proposal for City-Wide and Village Center Design Guidelines
111-4
Iil
Technical Approach
Landscapin~l
· minimum coverage
· planter width
· minimum plant sizes
· existing landscape retention
· tree list for vadous circumstances
· street
· commercial parking lots
· accent trees
Arterials Streetscape Concept
· tree species
· groundcover
· relationship to established street theme
· cross sections
· special materials
Multi Family Residential DeskIn Guidelines
These guidelines will address the major issues associated
development including relationship to adjacent uses, building
architectural variety, materials, roofs, open space, etc.
Site Planning
· planning for streetscape variety
· varied setbacks
· clustering and massing
· open space minimums/locations
· site furnishings (walls, mailboxes)
· hillside development
Architecture
· elements to avoid/encourage
· massing, scale, and articulation
· acceptable/unacceptable materials
· colors
· roofs
·'windows
· · other architectural elements and details
with multiple family
massing and scale,
City of Temecula
Proposal for City-Wide and Village Center Design Guidelines
II!
Technical Approach
Landscape Desian
· percent coverage
· fences and walls
· placement-in important locations
Industrial Guidelines
These guidelines will focus on the physical site planning aspects of industrial
development. The focus will be placed on appropriate setbacks, buffers, and screening
techniques. Architectural guidelines will quite be general in nature due to construction
practices normally associated with this type of development. These guidelines will
include:
Site Plannincl
· building to street orientation
· site access
· storage setbacks/screening
· loading facilities standards
· screen walls
Parkincl
· loading areas standards
· visitor vs. employee parking
· entry standards
· minimum circulation standards
· entry width standards
Arch itectu re
· basic form
· roof and roof equipment
· wall articulation
· building entry emphasis
· color
· inappropriate building materials
Landscape
· buffering
· shade trees
· arrangements
City of Temecula
Proposal for City-Wide and Village Center Design Guidelines
111-6
ill
Technical Approach
TASK 2.3 - VILLAGE CENTER DESIGN GUIDELINES
The intent of the Village Center Concept is to provide opportunities for development of
mixture of commercial and residential uses that will minimize,vehicular circulation tdps,
avoiding sprawling commercial development, and offer incentives for high quality urban
design. While there are eight Village Centers, only the remaining five which haven't been
built out will be the subject of these guidelines.
While not fully realized at this point, Urban Design Studio proposes a general palette of
design concepts for a Village Center area. These include:
· neo traditional town center principles
· generalized street layouts which encourage automobile use .'
· mixture of uses (vertical and horizontal)
· shared parking facilities
· mix housing types
· developing a sense of "core"
· degrees of intensification for transit options
· pedestrian odented design/connections/linkages
· street and roadway standards
· pedestrian spaces in commercial development
It is anticipated that this section of the guidelines will be illustrative concepts in nature
since all Village Centers will have their own theme/design.
TASK 2.4 - ADMINISTRATIVE DRAFT
Urban Design Studio will prepare a partially illustrated draft for initial staff reviews. While
most graphics may be complete, there may be a few unfinished. In order to move the
project in an expeditious manner, it is recommended that City staff take no more than
three weeks with the administrative draft.
Staff must articulate their modifications succinctly and directly. Editorial comments should
be minimized in favor of direct modifications. Significant time consuming staff
modifications to this draft must be avoided. Therefore, it is important for staff to provide
one clearly modified copy to the consultant which articulates compilation of various
reviewers modifications.
TASK 2.5 - PRELIMINARY WORKSHOP DRAFT
Urban Design Studio will prepare a fully illustrated preliminary workshop Draft of the
Design Guidelines Manual which incorporates staff comments. Staff review of their
recommended modifications of the Administrative Draft are checked. Subject of Advisory
Committee Meeting #3.
City of Temecula
Proposal for City-Wide and Village Center Design Guidelines
111-7
!!1
Technical Approach
TASK 2.6 - PUBLIC WORKSHOP DRAFT
The subject of the Public Workshop, the Workshop Draft, will be prepared and distributed
for review by interested parties. City staff will be responsible for all copies.
TASK 2.7 - PUBLIC HEARINGS DRAFT
Following the public Workshop on the Design Guidelines Manual, staff and consultant will
meet to share the "public's" suggested modifications to assure consistency. Urban
Design Studio will prepare one camera ready original of the Public Headngs Draft for staff
distribution. The public hearings draft will not be modified until after the City Council has
concurred adoption.
PRODUCTS: Outline of Design Guidelines Manual
Administrative Draft (original)
Preliminary Workshop Draft (original)
Public Workshop Draft (original)
Public Hearings Draft (original)
city of Temecula
Proposal for City-Wide and Village Center Design Guidelines
III - 8
III
Technical Approach
TASK 3.0 - PUBLIC
PRESENTATIONS AND WORKSHOPS
TASK 3.1 - COORDINATION WITH STAFF
Throughout the planning process it will be important to keep appropriate City staff
members informed and involved in preparation of the Design Guidelines Manual. This
not only helps to avoid major surprises along the way but provides an ongoing vehicle for
staff input. in addition, the consultant will provide the Citys project manager with
progress reports through telephone conversation, fax, or letter. The purpose of this task
is to provide a regular means of communication between consultant and the City's project
manager. '-
TASK 3.2 - WORKSHOPS/PRESENTATIONS
Early in the process we plan to meet with the Advisory Committee in order to ensure
proper project initiation. Following completion of the preliminary draft Design Guidelines
Manual we plan several presentation/discussion workshops to review and amend the
document per staff and Advisory Committee input.
Advisory Committee Workshop #1
Project orientation, identification of issues in general, discussion of overall goals,
discussion of level of detail.
Advisory Committee Workshop #2
Review and adopt preliminary Outline of the Design Guidelines Manual, identification of
issues related to specific planning areas.
Advisory Committee WorkshoD #3
Review comments in Preliminary Workshop Draft.
Public WorkshoD
Presentation of Public Workshop Draft Design Guidelines Manual.
City of Temecula
Proposal for City-Wide and Village Center Design Guidelines
111-9
II!
Technical Approach
TASK 3.3 - PUBLIC HEARINGS
Following completion of any amendments/changes to
the final draft Design Guidelines manual recommended
by the public in the Public Workshop, the consultant
team will present the Public Hearing Draft Design
Guidelines Manual at one public hearing each before
the Planning Commission and City Council.
It is not anticipated that interim revisions will be made
to draft documents between public hearings. Any
changes recommended by the Planning Commission
will be recorded in a memorandum to the City Council
prepared as part of the staff report with input from the
consultant.
PRODUCTS: No Physical Products
City of Temecula
Proposal for City-Wide and Village Center Design Guidelines
Iil- 10
III
Technical Approach
TASK 4.0 - PREPARE
FINAL DESIGN GUIDELINES MANUAL
This task incorporates all necessary final revisions to the Design Guidelines Manual
following approval by the City Council. All documents will be provided to the City in final
camera-ready form.
TASK 4.1 - COMMENT INCORPORATION
The City's project manager will edit adopted changes following the City Council Public
Hearing and provide the consultant with a "red ink" edited copy of the complete Manual.
Requested changes should be specific and as detailed as possible.
TASK 4.2 - FINAL DOCUMENT
Following receipt of the staff's final edited copy of the Public Headng Draft, the consultant
team will prepare the final Design Guidelines Manual. Following these revisions, it is not
anticipated that further modifications should be necessary. If, by chance, changes am
initiated, the consultam team will complete subsequent modifications as on a time and
materials basis (extra to contract).
TASK 4.3 - VILLAGE CENTER CONCEPT WORKING PAPER
Urban Design Studio will meet with staff to articulate the general strategy necessary to
implement a Village Center in 5 year increments.
PRODUCTS:
One Camera Ready Original and DOS WP6.1 Disk of
Final Design Guidelines Manual
City of Temecula
Proposal for CIty-Wide and Village Center Design Guidelines
I!1-11
ATTACHMENT NO. 2
PROJECT TIME LINE
R:\RUIZC\STAi~,P'X~DESIGNGL.A'WD 8131/95 e, dr dde
IV
Project Schedule
Urban Design Studio is prepared to put forth a concentrated effort to ensure the timely
and efficient completion of the work program as described in the Technical Approach.
Given the amount of public participation, staff reviews, and draft review iterations, we
have estimated an eight month work program to complete all tasks outlined in this
proposal. We have the necessary project staff on board and are prepared to begin the
assignment immediately.
A detailed project schedule follows. We have assumed a start date of September 13,
1995.
TASK #1 TASK DESCRIPTION
START DATE FINISH DATE TASK DURATION
1.0 PROJECT INITIATION
1.1 Scope Refinement Aug. 17 Aug. 18 1 Day
1.2 Background Materials Sept. 12 Sept. 15 3 Days
1.3 Design Reconnaissance Field Tdp Sept. 18 Sept. 18 1 Day
1.4 Design Goals and Objectives Sept. 25 Oct. 13 2 Weeks
2.0 PREPARATION OF PRELIMINARY DESIGN MANUAL DRAFT
2.1 Outline Of Design Manual Sept. 25 Oct. 13 2 Weeks
2.2 Draft Design Manual Oct. 20 Nov. 20 4 Weeks
2.3 Village Center Design Guidelines Oct. 20 Nov. 20 4 Weeks
2.4 Administrative Draft Oct. 20 Dec. I 6 Weeks
2.5 Preliminary Workshop Draft Dec. 20 Jan. 12 3 Weeks
2.6 Public Workshop Draft Jan. 29 F~b. 19 3 Weeks
2.7 Public Headngs Draft Mar. 18 Mar. 20 2 Days
3.0
3.1
3.2
3.3
PUBLIC PRESENTATIONS AND WORKSHOPS
Meetings With Staff
Advisory Committee Workshop #1
Advisory Committee Workshop
Advisory Committee Workshop #3
Public Workshop
Public Headng #1
Public Headng #2
Aug. 17 Vadable Duration
Sept. 18 Sept. 18 I Day.
Oct. 20 Oct. 20 I Day
Jan. 19 Jan. 19 I Day
Feb. 22 Feb. 22 1. Day
Mar. 26 Mar. 26 I Day
Apr. 23 Apr. 23 I Day
4.0
4.1
4.2
4.3
PREPARE FINAL DESIGN MANUAL/AREA GUIDELINES
Comment Incorporation Apr. 24 Apr. 30
Final Document Apr. 24 Apr. 30
Village Center Concept Working Paper Feb. 22 Mar. 22
7 Days
7 Days
4 Weeks
COMPLETION DATE: May 1, 1996
City of Temecula
Proposal for City-Wide and Village Center Design Guidelines
IV- I
IV Professional Fee
Urban Design Studio has structured a comprehensive program around the tasks outlined
in this proposal. We believe this program will fulfill the needs and expectations of the City
of Temecula to complete its City-Wide and Village Center Design Guidelines in a
complete and timely manner. The total of $37,510 is a fixed fee amount for all tasks and
products related to planning, organizing coordinating and implementing the City-Wide and
Village Center Design Guidelines, including all costs associated with telephone/facsimile,
clerical, travel, lodging, postage and reproduction.
TASK #1 TASK DESCRIPTION FEE
1.0 PROJECT INITIATION
1.1 Scope Refinement 500
1.2 Background Materials 1,000
1.3 Design Reconnaissance Field Trips ' 500
1.4 Design Goals and Objectives 800
2.0 PREPARATION OF PRELIMINARY DESIGN MANUAL DRAFT
2.1 Outline Of Design Manual 800
2.2 Draft Design Manual 6,000
2.3 Village Center Design Guidelines 4,500
2.4 Administrative Draft 4,000
2.5 Preliminary Workshop Draft 3,800
2.6 Public Workshop Draft 2,100
2.7 Public Hearings Draft 2,000
3.0
3.1
3.2
3.3
PUBLIC PRESENTATIONS AND WORKSHOPS
Coordination With Staff
Advisory Committee Workshop #1
Advisory Committee Workshop
Advisory Committee Workshop
Public Workshop
Public Headng #1
Public Headng
1,000
500
500
1,000
1,000
500
500
'4.0
4.1
4.2
4.3
PREPARE FINAL DESIGN MANUAL/AREA GUIDELINES
Comment Incorporation
Final Document
Village Center Concept Working Paper
1,000
1,500
1,000
Project Management (26 Hours)
Reimbursables (Travel and Other Expenses)
2,210
800
GRAND TOTAL
$37,510
City of Ternecula
Proposal for City-Wide and Village Center Design Guidelines
IV - 2