Loading...
HomeMy WebLinkAbout111495 CC Agenda· / In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING COMMUNITY RECREATION CENTER 30875 RANCHO VISTA ROAD NOVEMBER 14, 1995- 7:00 PM 5:30 PM - Closed Session of the City Councilrremecula Redevelopment AgenCY pursuant Government Code Sections: : .: .. 1. §54956.8, CONFERENCE WITH REAI~ ·PROPERTY NEGOTIATOR, Propertyi 27500 Jefferson Avenue. Negotiating parties: TemecUla RedeVelopment AgencY, 'Jan Wellerr RV and Donna L, Reeves·Trust, Under negotiation: lease terms - term and payment. 2. § 54956.8, CONFERENCE 'WITH REAL :PROPERTY NEGOTIATOR, Property: .Assessor's Parcel No. 921 -740-001 , Murrieta Creek south of Winchester Road; Assessor's Parcel No. 921- 280-013, Murrietta Creek south of Rancho California Road. Negotiating parties: City of , Temecula, KRDC and Riverside County Flood Control District; Under negotiation: terml and payment. 3. §54956.9, CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION; Indian Child Welfare, et al v. City of Temecula; Copeland v. City of Temecula et. el. 4. §54956.9(b), CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION, significant exposure to litigation pursuant to Government Code Section 54956.9(b), two cases. 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. 95-91 CALL TO ORDER: Mayor Jeffrey Stone presiding R:~a~ende%l 11496 I Invocation: Flag Salute: ROLL CALL: PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS Pastor Robert Cash, Shepherd's Footsteps International Ministry Councilmember Roberrs Birdsall, Lindemans, Parks, Roberrs, Stone Assemblyman Bruce Thompson's Annual Visit 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 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 2 Standard Ordinance Adoorion 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 2.2 2.3 Approve the minutes of October 10, 1995. Approve the minutes of October 12, 1995. Approve the minutes of October 17, 1995. R:~e~ende%111496 2 3 4 6 7 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 Destruction of Records ReaUest RECOMMENDATION: 4.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. Out-of-State Travel RECOMMENDATION: 5.1 Authorize certain out-of-state travel plans. Liabilitv Insurance Renewal RECOMMENDATION: 6.1 Approve the City of Temecula Liability Insurance Policy Renewal with Insurance Company of the West for the period of December 1, 1995 through December 1, 1996. Deleaation of Authority in Processina and Settlina Claims Aaainst City of Temecula RECOMMENDATION: 7.1 - Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DELEGATING TO THE CITY MANAGER AND THE CITY CLERK CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH CLAIMS FILED AGAINST THE CITY R:'~4end~111496 3 8 10 11 Resolution Stating the City of Temecula's Commitment to Library Fundine RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA STATING THE COMMITMENT OF THE CITY OF TEMECULA TO RECOVER STATE LIBRARY FUNDING WHICH HAS BEEN WITHDRAWN Acceptance of Public Streets in the City-Maintained Street System (Within Tracts No. 20703-3, and 22962) (Southeasterly of Winchester Road, Southerly of Nicolas Road) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACTS NO. 20703-3 AND 22962) Accept Public Imorovements in Tract No. 20703-3 RECOMMENDATION: 10. 1 Accept the Public Improvements in Tract No. 20703; 10.2 Authorize the reduction in Faithful Performance Street, Drainage, and Water and Sewer Bond amounts and the release of the Subdivision Monumentation Bond; 10.3 Accept the Faithful Performance Warranty Bond Riders, and Direct the City Clerk to so advise the Clerk of the board of supervisors, the developer and surety. Release Grading Bond for Import to School Site (Southeast of Winchester at Margarita Road Intersection) RECOMMENDATION: 11.1 Authorize release of Grading Bond for Import of Soils to Chapparal High School Site; 11.2 Direct the City Clerk to so advise the Permittee and Surety. R:%AOenda%111496 4 12 13 14 15 Release Public Imorovement Warranty, Labor and Material, and Monument Bonds in Tract No. 21674-3 (Southwest of intersection of Rancho California. Road at Meadows Parkway) RECOMMENDATION: 12.1 Authorize the release of Faithful Performance Warranty and Labor and Material bonds for Street, Sewer and Water Improvements, and Subdivision Monumentation in Tract No. 21674-3; 12.2 -Direct the City Clerk to so advise the Surety and Developer. Release Gradina Bond for Tract No. 21067 (Northerly of Intersection of Pala Road at Loma Linda Road) RECOMMENDATION: 13.1 Authorize release of Grading Bond for Tract No. 21067; 13.2 Direct the City Clerk to so advise the Developer and Surety. Solicitation of Construction Bids for FY94-95 Annual Pavement Manaaement Project. PW95-06 RECOMMENDATION: 14.1 Approve the plans and specifications and authorize the Department of Public Works to solicit public construction bids for FY94-95 Annual Pavement Management Project No. PW95-06. Professional Services Aareement with Enqineerina Ventures, Inc. for Rancho California Road and Santa Cecilia Drive Sidewalk Imorovement Project No. 5 RECOMMENDATION: 15..1 Award a contract for the design of Rancho California Road and Santa Cecilia Drive sidewalk improvement project to Engineering Ventures, Inc., for $10,950.00and authorize the Mayor to execute the contract. 15.2 15.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $! ,095.00 which is equal to 10% of the contract amount. Authorize a transfer of $9,636.00 of Development Impact Fees (Public Facilities) to the Capital Projects Fund. 15.4' Appropriate $49,079 in the Capital Projects Fund to Account No. 210-165-661- 5804 for the total costs to complete this proiect. R:%,AOe~de%111496 6 16 17 18 Walcott Corridor Reimbursement Aareements with R.C.W.D. for Work Performed Durina the Construction, Proiect PW94-10 RECOMMENDATION: 16.1 Approve reimbursement agreement with the Rancho California Water District for the cost of relocation of certain water improvements made necessary by the Walcott Corridor, Project PW94-10. Professional Geotechnical Services Contract with Law/Crandall, Inc. for Walcott Corridor, Proiect PW94-10 RECOMMENDATION: 17.1 Award a contract for Professional Geotechnical Services for the Walcott Corridor, Project PW94-10 to Law/Crandall, Inc. for $34,565.00 and authorize the Mayor to execute the contract. 17.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,456.50 which is equal to 10% of the contract amount. Award of Contract for Riqht-Of-Wav Weed Control Pre-Emerc~ent and Post-EmercJent APPlications, Project No. PW95-24 RECOMMENDATION: 18.1 Award a contract for Right-Of-Way Weed Control Pre-Emergent and Post-Emergent Applications, Project No. PW95-24 to Pestmasters Services of Temecula in the amount of $25,755.47 and authorize the Mayor to execute the contract. 18.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,575.55 which is equal to 10% of the contract amount. 19 Award of Contract for City Wide Right-Of-Way Tree Trimminc~ ProQram RECOMMENDATION: 19.1 Reverse the decision to award Citywide Right-of-Way Tree Trimming Program to Arbor-Pro Tree Service. 19.2 Award a contract for Citywide Right-of-Way Tree Trimming Program to L. Williams Landscaping, Inc. for $16,880.00 and authorize the 'Mayor to execute the contract. 19.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,688.00 which is equal to 10% of the contract amount. R:'~4end~111496 9 20 21 22 23 Award of Contract for FY95-96 City Wide A.C. Street Repair Project No. PW95-20 RECOMMENDATION: 20.1 Award a contract for FY 95-96 Citywide A.C. Street Repair, Project No. PW95-20 to Hillcrest Construction in the amount of ~57,110.00and authorize the Mayor to execute the contract. 20.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $5,711.00 which is equal to 10% of the contract amount. Award of Contract of FY95-96 Citywide P.CoC. Reoairs Project No. PW95-21 RECOMMENDATION: 21.1 Award a contract for FY 95-9'6 Citywide P.C.C. Repairs, Project No. PW95-21 to West Coast Construction in the amount of $38,951.00 and authorize the Mayor to execute the contract. 21.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,895.10 which is equal to 10% of the contract amount. Comoletion and Acceotance of the Rancho Vista/Mira Loma Dr. Sidewalk Improvements, Project No. PW94-19 RECOMMENDATION: 22.1 Accept the Rancho Vista/Mira Loma Drive Sidewalk Improvements, Project No. PW94-19, as complete; 22.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 22.3 Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Comoletion and Acceotance of the Access Ramos. Project No. PW95-04 RECOMMENDATION: 23.1 Accept the Access Ramps, Project No. PW95-04, as complete; 23.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one (1) years Maintenance Bond in the amount of 10% of the contract; 23.3 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. R:~end~111496 7 24 "No Parkino" Zones on the East Side of Front Street from SR 79(S) to Santiaqo Road RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONES ON THE EAST SIDE OF FRONT STREET FROM SR 79(S} TO SANTIAGO ROAD ADJACENT TO ALL DRIVEWAYS 25 Award of Construction Contract for Parkview Site Imorovement Project, Phase 1. Fire Station 84 - Project No. PW95-09CSD RECOMMENDATION: 25.1 Approve the plans and specifications and award a contract for Parkview Site Improvement Project - Phase 1, Fire Station 84, Project PW95-09CSD, to Great West Contractors for the base bid and the two alternates in the amount of $1,970,842.46 and authorize the Mayor to execute the contract; 25.2 Authorize the Mayor to approve change orders not to exceed the contingency amount of $197,084.24which is equal to 10% of the contract amount. 26 Aoorove Grant of Easements for Walcott Corridor. Project PW94-10 RECOMMENDATION: 26.1 Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR PUBLIC ROAD AND DRAINAGE PURPOSES EASEMENTS ON WALCOTT LANE AND LA SERENA WAY 7 Award of Bid for Reolacement Network Server for City Hall RECOMMENDATION: 27.1 Award a bid for the purchase of the replacement network server for City Hall, Bid Number 95-33 to Inacom Information Systems, San Diego, California for $37,711.42. R:~,Agenda%111486 8 28 Award of Contract for the Walcott Corridor, Project PW94-10 RECOMMENDATION: 28.1 Award a contract for the construction of the Walcott Corridor, Project PW94-10 to Hemet Manufacturing Company, Inc. dba Genesis Construction for $1,716,637.50 and authorize the Mayor to execute the contract. 28.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $171,663.75which is equal to 10% of the contract amount. 28.3 Adopt a Negative Declaration and approve a Mitigation Monitoring Program for the Walcott Corridor Project. RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING, TEMECULA REDEVELOPMENT MEETING, OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY MEETING R:%,e, genda\l 11496 9 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 95-01 Resolution: No. CSD 95-07 CALL TO ORDER: President Ronald H. Roberrs 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 n~l; 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 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 10, 1995. 2 1.2 Approve the minutes of October 17, 1995. Quitclaim of Easement Within Margarita Community Park RECOMMENDATION: 2.1 Accept a quitclaim deed from Eastern Municipal Water District for an easement on the Margarita Community Park Site, and authorize the City Clerk to record the document with the Riverside County Recorder's Office. R:~e, de~l 114~6 10 GENERAL MANAGERS REPORT - Bradley. DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: November 28, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:~a, genda%1114~E. 11 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 95-01 Resolution: No. RDA 95-08 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 to the Agency on an item not listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.2 Approve the minutes of October 17, 1995. 2 Consideration of RDA Commercial Rehabilitation Small Business Loan RECOMMENDATION: 2.1 Consider approval of an RDA small business loan to the Health Zone (natural/health food store) to be located at the Temecula Plaza, Ynez and Solana Way. R:~enda\l 11486 12 AGENCY BUSINESS 3 Proposed Amendments to the Bylaws of the Old Town RedeveloDment Advisory Committee RECOMMENDATION: 3.1 Review and approve the proposed amendments to the Bylaws of the Old Town Redevelopment Advisory Committee. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: November 28, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:%AOenda%111486 13 OLD TOWN WESTSIDE COMMUNITY 'FACILITIES DISTRICT FINANCING AUTHORITY Next in Order: Resolution No.: No. FA 95-06 CALL TO ORDER: President Patricia H. Birdsall ROLL CALL: Lindemans, Parks, Roberrs, Stone, Birdsall 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. 2 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 17, 1995. Aooraisal of the Old Town Westside Imorovement Authority Community Facilities District, No. 1 RECOMMENDATION: 2.1 Approve agreement to secure professional services for a complete narrative appraisal on the Old Town Westside Improvement Authority Community Facilities District, No. I and No. 2. R:%,e. eenda%l 11496 14 PUBLIC HEARING Any person may submit written comments to the Board of Directors before s 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. 3 Financina for Old Town Area Public Imorovements and the Western Bypass Corridor RECOMMENDATION: 3.1 Open and continue the four (4) Public Hearings listed below: CFD 1 Intention to Establish a CFD and to Authorize the Levy of Special Taxes CFD 2 Intention to Establish a CFD and to Authorize the Levy of Special Taxes CFD 1 Intention to Incur Bonded Indebtedness of the Proposed CFD No. 1 CFD 2 Intention to Incur Bonded Indebtedness of the Proposed CFD No. 2 ADJOURNMENT Next regular meeting: November 28, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:~4end~111486 16 CALL TO ORDBI: President-Patricie H. Birdsall ROLL CALL: Lindemens, Parks, Robarts, Stone, Birdsall PUBLIC COM~e-~IITS 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 abo~,t 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. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 Approve the minutes of October 17, 1995. ADJOURNMENT Next regular meeting: November 28, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:~a~efde~l 11486 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of 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. 29 Planning Aoolication No. 95-0078. Develooment Aareement for BCI/CCL RECOMMENDATION: 29.1 Adopt the Negative Declaration for PA95-0078; 29.2 Introduce and read. by title only an ordinance entitled: ORDINANCE NO. 95- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND BCIICCL VENTURE NO. I LIMITED PARTNERSHIP AND BCIICCL VENTURE NO. 2 LIMITED PARTNERSHIP FOR SPECIFIC PLAN NO. 199, PLANNING AREA 14, MARGARITA VILLAGE, PLANNING APPLICATION NO. PA95-0078 COUNCIL BUSINESS 30 Renamina of Temecula Library RECOMMENDATION: 30.1 Authorize staff to request that the County Board of Supervisors rename the "Temecula Library the "Temecula-Murrieta Library." 31 Community Services Fundine Ad Hoc Subcommittee RECOMMENDATION: 31.1 Appoint two Councilmembers to serve on an ad hoc subcommittee to review two (2) applications for the FY 1995-96 Community Services Funding program. R:%AOenda%111496 17 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: November 28, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:~kOenda\l 11496 18 ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD OCTOBER 10, 1995 A regular meeting of the Temecula City Council was called to order at 7:00 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor PRESENT 5 Jeffrey E. Stone presiding. COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, Assistant City Attorney Greg Diaz, and City Clerk June S. Greek. INVOCATION The invocation was given by Pastor John Webb, Southwest Christian Church. PLEDGE OF ALLEGIANCE The Flag Ceremony was presented by Boy Scout Troop 301, Kirk Wright, Committee Chairman. PRESENTATIONS/ PROCLAMATIONS Police Chief Pete Labahn recognized Officer Chuck Mungle as Temecula's first canine handler. Mayor Stone presented Officer Mungle with a certificate of appreciation for his serve to the community since 1991 and the completion of 400 hours of training in basic handling skills and narcotics detection. Chief Labahn also introduced new canine handler Joe Nardone and his partner "Tango". Mr. Garrett Craig of U. S. Safe Quake Supply gave a presentation to the City Council on the Earthquake Gas Shut-Off Valve. Councilmember Roberts asked if the valve also works with propane. Mr. Craig answered it is equally effective with propane. Mayor Stone stated the City of Los Angeles mandates this type valve for all new development and asked that staff investigate various valves in existence, do a cost analysis and research incentive programs other areas are offering. Councilmember Parks asked that this be placed on the agenda for further discussion, prior to assigning staff time. Minutes\ 1 O\ 1 O\95 - 1 - 1 O/18/95 CiW Council Minutes October 10, 1995 PUBLIC COMMENTS PatriCia Keller, P.O. Box 521, Temecula, spoke in opposition to the Entertainment Center, questioning the issues on upcoming public hearings. She also questioned Mr. Buffman's ability to purchase property in Old Town. City Manager Bradley stated that hearings are scheduled for November 14, 1995 and many of these issues will be explored at that time. Sharon Miller, 44618 Pala Road, requested the City clean out Temecula Creek and questioned the 16 acres of land sold as a habitat preserve. CITY COUNCIL REPORTS Councilmember Parks asked that a list of his Council Committee assignments be placed on the next agenda for review. Mayor Stone quoted a newspaper article reporting that Temecula again ranked as the Number One place to live in Riverside County with respect to families, number two for retirees and number three for singles. Councilmember Roberts requested that the City enforce the sign ordinance with regard to campaign signs, especially around the newly acquired Duck Pond. City Manager Bradley stated that staff has been attempting to contact candidates, and staff will have the offending signs removed by Friday. CONSENT CALENDAR Mayor Stone listed a correction on the minutes of Sept. 26th, Page 9, which reversed the absent and abstained vote on Item 22. It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to approve Consent Calendar Items 1-15. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes% 1 O% 10\95 -2- 1 OI18/95 City Council Minutes October10, 1995 Standard Ordinance 'Adootion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 2.2 2.3 Approve the minutes of August 31, 1995 Approve the minutes of September 19, 1995. Approve the minutes of September 26, 1995 as corrected. Resolution Aoorovina List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 95-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's RePort as of July 31.1995 4.1- Receive and file the City Treasurer's Report as of July 31, 1995. Resolution for Authority to Carry out Transportation Enhancement Activities 5.1 Adopt a resolution entitled: RESOLUTION NO. 95-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DESI G NATING TRANSPORTATION ENHANCEMENT ACTIVITIES TO BE ADMINISTERED BY CITY OF TEMECULA Minutes\l 0\10\95 -3- 10118/95 CiW Council Minutes October 1 O, 1995 6. "No ParkinQ" Zones on the West Side of Ynez Road South of Solana Way to Provide Additional Driveway SiQht Distance 6.1 Adopt a resolution entitled: RESOLUTION NO. 95-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING 235 TOTAL FEET OF 'NO PARKING' ZONES ON THE WEST SIDE OF YNEZ ROAD SOUTH OF THE SOLANA WAY AS SHOWN ON EXHIBIT e Acceotance of Public Streets into the City-Maintained Street Svstem (Within Tracts No. 20735-7. 20735-8. 20735-9. and 22627-F) e e 7.1 Adopt a resolution entitled: RESOLUTION NO. 95-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM {WITHIN TRACTS NO. 20735-7, 20735-8, 20735-9, AND 22627-F) Release Faithful Performance Warranty Bonds in Tract No. 22627-F 8.1 Authorize the release of Faithful Performance Warranty bond riders for Street, and Sewer and Water System improvements in Tract No. 22627-F; 8.2 Direct the City Glerk to so notify the Developer and Surety. Reduce Labor and Material Bonds in Parcel Mao No. 23472 9.1 Authorize reduction in Labor and Material bond amounts for the improvement of a private storm drain system; 9.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the developer and the surety. Mi nutee% 1 O\ 10\95 -4- 10118/95 City Council Minutes October 10. 1995 10. 11. 12. 13. 14. Acceot Public Imorovements in Tract No. 22962 10. 1 Accept the Public Improvements in Tract No. 22962; 10. 2 Authorize the reduction in Faithful Performance Street, Drainage, and Water and Sewer Bond amounts and the release of the Subdivision Monumentation Bond; 10.3 Accept the Faithful Performance Warranty Bond Riders; 10.4 Approve the Agreement Regarding Subdivision Improvements; 10.5 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the developer and surety. Release Public Improvement Warranty Bond in Tract No. ~3267-1 11.1 Authorize the release of the faithful performance warranty bond for street, and water and sewer system improvements; 11.2 Direct the City Clerk to so notify the Developer and Surety. Award of Contract for City Wide RiQht-Of-Wav Tree Trimmine Program 12.1 Award a contract for City Wide Right-of-Way Tree Trimming Program to Arbor- Pro Tree Service for $12,555.00 and authorize the Mayor to execute the contract.. 12.2 Authorize the City manager to approve change orders not to exceed the contingency amount of $1,255.50 which is equal to 10% of the contract amount. Amended Memorandu~n of UnderstandinQ - Access to Winchester Road and State Route 79 South 13.1 Approve the amended Memorandum of Understanding (MOU) with State of California, Department of Transportation (Caltrans) and authorize the Mayor to sign the MOU. Renewal of Annual Street Strioing Contract Project No. PW94-17 14.1 Extend the Street Striping Contract with I.P.S. Services, Inc. of San Bernardino for a period of one (1) year beginning November 15, 1995 and ending November 15, 1996, in an amount not to exceed $97,000. Minutee\l 0% 10\95 -5- 10118/95 CiW Council Minutes October 10, 1995 15. Out-Of-State Travel Plans 15.1 Authorize certain out-of-state travel plans. RECESS Mayor Stone called a recess at 7:45 PM to accommodate the previously scheduled Community Services District Meeting, Temecula Redevelopment Agency Meeting and The Old Town Westside Community Facilities District Financing Authority Meeting. The meeting was reconvened at 8:26 PM. PUBLIC HEARINGS 16. Plannina Aoolication No. PA95-0066 (Variance) 29105 Front Street - Aooeal (Continued from the meeting of September 26, 1995) Community Development Director Gary Thornhill presented the staff report and stated Mr. Kashmere has agreed to apply for a lot line adjustment and stated a letter has been received from Mr. KaShmere withdrawing the variance request, and agreeing to terms as previously discussed. Mayor Stone closed the public hearing at 8:30 PM. It was moved by Councilmember Parks, seconded by Councilmember Roberts to accept the Applicant's withdrawal of Planning Application No. PA95-0066 and agreement entitled "License Agreement Between the City of Temecula and Electrend, Inc., for Use of Real Property" and direct the Mayor to execute said agreement on behalf of the City. The motion was unanimously carried. COUNCIL BUSINESS 17. Murrieta Creek Veqetation Removal Public Works Director Joe Kicak presented a slide presentation showing existing conditions in Murrieta Creek. Maintenance Superintendent Brad Buron identified the location of each slide. Mayor Stone asked if the land adjacent to the creek is primarily private property. Public Works Director Kicak stated that most of the land surrounding the creek is privately owned and private owners are the only ones who have the right to enter to clean out the creek. Minutes%10%10%95 -6- 10118/95 City Council Minutes October 10, 1995 Mayor Stone asked if the City will help guide property owners through the permit process. Public Works Director Kicak stated the City would facilitate obtaining permits by working through Flood Control and the State Agencies. Dennis Chiniaeff, 29321 Via Norte stated that mitigation is required for emergency entry permits, and explained that as mitigation, The U.S. Department of Fish and Game requires the area to be replanted. He reported they will not allow property owners to keep the creek free of vegetation. Mayor Stone suggested making a trip to Washington D.C. to talk to the Department of the Interior, and explain the serious problem that exists in Temecula. Councilmember Birdsall concurred, but asked that appropriate steps be taken, such as applying for appropriate permits and getting facts together. She also requested that an out-of-state authorization be placed on the next agenda so such a trip is authorized should the need arise. Staff was directed to: 1 ) Investigate all of the processes that may be available to the City for clearing of the creek bed; 2) To notify the property owners along the creek of the danger created by the overgrowth and to assist them in securing necessary permits to clear the creek of overgrown vegetation; 3) to contact the Flood Control District for a status update on the Murrieta Creek improvement project and 4) To place an approval of out-of-state travel on the next agenda to address the possible future need for the Mayor or a Council designee to travel to Washington, D.C. to petition the City's federal legislators for assistance in resolving this problem. 18. 19. Public/Traffic Safety Commission Aooointments City Clerk June S. Greek presented the staff report. It was moved by Councilmember Roberts, seconded by Mayor Stone to appoint Knox Johnson and Ronald C. Perry to serve full three-year terms on the Public/Traffic Safety Commission. The motion was unanimously carried. Community Services Commission AoDointments It was moved by Councilmember Parks, seconded by Councilmember Lindemans to appoint Henry Miller and Jack A. Henz to serve full three-year terms on the Community Services Commission. The motion was unanimously carried. CITY MANAGER REPORTS None given. Minutes%1 O\ 10~95 -7- 1 OI18/S5 City Council Minutes October 10, 1995 CITY ATTORNEY REPORTS None given. ADJOURNMENT It was moved by Councilmember Robert, seconded by Mayor Pro Tem Lindemans to adjourn at 9:00 PM to a meeting on September 12, 1995, 7:00 PM, Temecula City Hall, 43174 Business Park Drive, Temecula, CA 92590. The motion was unanimously carried. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, City Clerk Minutes\l 0\10%95 -8- 10118/95 MINUTES OF A WORKSHOP OF THE TEMECULA CITY COUNCIL HELD OCTOBER 12, 1995 A regular meeting of the Temecula City Council was called to order at 7:01 PM in the Main Conference Room, City Hall, 43174 Business Park Drive, 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, Assistant City Attorney Greg Diaz and City Clerk June Greek. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Parks. PUBLIC COMMENTS Fire Chief Jim Wright introduced the new Division Chief Jim Barrons who will be serving as the Fire Chief for the City of Temeculao Chief Barrons was welcomed to Temecula by Mayor Stone and the City Councilmembers. COUNCIL BUSINESS 1. Annexation Workshop City Manager Ronald Bradley introduced the 'purpose of the workshop and outlined the issues to be addressed by staff. Community Development Director Gary Thornhill gave an overview of the annexation goals and policies as contained in the City's general plan. He discussed the policies that deal with land use control issues that provide opportunities for the City through specific plans. Mr. Thornhill also pointed out specific projects within the northern sphere area which are impending and recommended that the Council consider priorities, level of infrastructure, fiscal impacts over the long term, appropriate land use intensities, and density as they relate to the general plan process. He also suggested use of development agreements to offset negative impacts. Public Works Director/City Engineer Joe Kicak discussed the public works issues that are present when considering annexation. He outlined the services that the City would be required to provide to an annexed area and pointed out the advantages to the City to furnish these services at the approved City standards. Minutes\l 0\12\95 -1 - 10117/95 City Council Minutes October 12, 1995 Shawn Nelson, Director of Community Services reported on the impacts that the annexation of the sphere of influence areas would have on the delivery of parks and recreation services. He also discussed the Community Service District levels and future fiscal impacts if the sphere area was annexed. He concluded that the ultimate developed parks service level would be somewhat lower than the level currently established within the City. He stated the delivery of parks would occur later in the sphere area but the fiscal capacity of the sphere could support development of parks and. recreation services. Chief Building Official Tony Elmo discussed the impacts of annexation on animal control, vector control, Code enforcement, weed abatement, building inspections and plan checking services. Police Chief Peter LaBahn spoke to the law enforcement issues that would be affected should the annexation of the sphere of influence areas occur. He pointed out that the level of service in the sphere area currently is much lower than that of the City's incorporated area. He reported that the anticipated staffing needs would increase by approximately six officers per shift at an annual cost of $864,000.00 He stated that at build-out 6.5 officers would be needed based on current City service levels. Fire Chief Jim Barron presented the issues that would impact fire services within the City and the sphere area, based on current City service levels. Finance Director Genie Roberts introduced the revenues and cost assumptions that were prepared by Hoffman and Associates. She then introduced Brian Geist of the firm of Hoffman Associates who presented the model and fiscal impact report. Brian Geist addressed the fiscal model and impacts in the area within the City Limits. He stressed that the projections are conservative and within the sphere of influence area the estimates are heavier than may be possible for the projected population figures. He also presented both an aggressive and conservative retail assumption for the sphere area. .City Manager Ron Bradley summed up the presentations and stressed that all of the impacts spelled out in the Hoffman Report are based on assumptions. He also stated that fiscal impacts should be balanced by the positive advantages of having control of the land use patterns and density within the sphere area. RECESS Mayor Stone declared a recess at 8:00 PM. members present at 8:11 PM. The meeting was reconvened with all Councilmember Birdsall questioned weed abatement and asked if City staff or County Fire performs this function. Building Official Tony Elmo responded that the City is responsible for weed abatement within the City limits and that County Fire has responsibility for the unincorporated area. Minutes\l O~12\95 -2- 10117/95 City Council Minutes October 12. 1995 Councilmember Roberrs asked the reason the Redhawk and Vail Ranch areas were not specifically analyzed in the report since he feels that annexation requests are imminent for those areas. Community Development Director Thornhill responded that the analysis of that area would not be difficult and could be done very quickly based on the fact it represents a mostly single-family residential base and the impacts would be primarily negative ones. Mayor Pro Tem Lindemans expressed concern regarding the estimate of only one percent (1%) revenue projection over surplus. Councilmember Parks asked if costs for construction and maintenance of surface streets in the sphere area have been prepared. City Engineer Joe Kicak responded that the streets would be constructed by developers at the time of development and that the usable life of these would be twenty (20) years. Councilmember Roberts questioned who would now bear the cost of infrastructure in the area that was to have been constructed by Assessment District 161. Mr. Kicak responded that additional costs would have to be borne by development fees at the time of construction. Mayor Stone asked for clarification of the projected increase in Community Service District fees at build-out. Community Services Director Shawn Nelson stated that this projected increase will occur within the current City boundaries whether or not annexations take place. He further clarified that the sphere area will have a greater capacity to fund parks at a slightly lower per capita rate than the existing City area at build-out. Mayor Stone also questioned the statement that the retail projects in the sphere area may be overestimated. Brian Geist of Hoffman and Associates responded that this statement reflects the most conservative assumptions contained in the report. Mayor Pro Tern Karel Lindemans suggested that this matter should be decided by the voters both in the City and in the sphere areas. 'Assistant City Attorney Greg Diaz advised there are no provisions in the State Code for City voters to be involved in questions of annexation. He stated that provisions in the code do allow a protest vote for residents in an area to be annexed. Adrian McGregor, 34555 Madera de Playa, Temecula spoke in opposition to uncontrolled growth in the unincorporated areas. Councilmember Parks stated he feels the City needs to look at each annexation request on its merits based on the model that has been developed. He addressed the advantages of control through specific plans, development agreements and other methods. He also stressed the expansion near French Valley Airport is poised to encourage additional employers to relocate within the City's north/easterly sphere area. Minutes~l 0\ 12~95 -3- 10117/95 CiW Council Minutes October 12. 1995 Councilmember Birdsall stated she feels it is incumbent upon the City Council to give specific direction to staff as to the City Council's intent to consider future annexation requests. Mayor Pro Tem Lindemans stated his position is that the City is obligated to look favorably upon a request from the Red Hawk area since that population is already supporting the City's retail tax base but that he does not see any advantage to annexation within the north/easterly sphere. Mayor Stone stated he favors a goal that annexation should be looked at on a individual basis, looking at all of the benefits including good planning. He also favored use of development agreements to adjust for balanced revenues and expenditures with in areas under consideration of annexation. Councilmember Roberrs said he believes annexation requests can be Considered on a case by case basis. Mayor Pro Tem Lindemans state he feels an annexation request should not be considered unless it brings the City a higher percentage to revenue than expenditure. Community Development Director Thornhill suggested that staff draw up some policies for Council adoption that would outline the concerns to be addressed when the City is considering annexation requests. The City Council concurred by consensus that this direction be given to staff. ADJOURNMENT It was moved by Councilmember Parks, seconded by Councilmember Roberts to adjourn at 9:19 PM to the regular meeting of October 17, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, CMC, City Clerk Minutes\l O%12%95 -4- 10117/95 MINUTES .OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD OCTOBER 17, 1995 A regular meeting of the Temecula City Council was called to order at 7:00 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Jeffrey E. Stone presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Lindemans, Roberrs, Stone ABSENT: I COUNCILMEMBERS: Parks 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 James Egea, Church of Religious Science of Temecula Valley. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Mayor Pro Tem Lindemans. PRESENTATIONS/ PROCLAMATIONS Steve Temple, Finance Director of the City of Hemet, presented the GFOA Comprehensive Annual Financial Report Award for the Fiscal Year Ending 6/30/94 to Mayor Stone. Mayor Stone proclaimed October 23-31, 1995 as "Red Ribbon Week." Marge Bornyasz, of the Temecula Valley Community Partnership thanked the Mayor and City Council and encouraged all citizens to participate in tobacco, alcohol and other drug prevention efforts. Mayor Stone proclaimed October 20th through 22nd as "Help K. of C. Help Kids" Weekend. Bill Mauter of the Knights of Columbus thanked the Mayor and City Council for the proclamation and encouraged the community to support the fund raising efforts of the Knights of Columbus to benefit children with learning disabilities. Mayor Stone proclaimed the Month of November as "Shop Temecula First" month and presented Chairperson Diana Camba with the proclamation. Ms. Camba thanked the Mayor and City Council and presented "Shop Temecula First" buttons to the City Council and staff. Minutes~l 0\17~95 -1 - 11/06195 City Council Minutes October 17, 1995 PUBLIC COMMENTS Patti Drew, 45680 Muirfield Drive, representing the Temecula Valley Playhouse, invited the City Council and the public to attend this year's season, beginning with the November 3rd opening of "Love Letters." She announced a portion of the ticket price will go to the library if a library card is shown. Ken Bruckman, 42244 Cosmic Drive, President of the Starlight Ridge Homeowner's Association, requested the City expedite a policy for traffic control. Public Works Director Joe Kicak stated this will be on the City Council Agenda on November 14, 1995. Donald Maston, 42176 Cosmic Drive, addressed the need for traffic control through the Starlight Ridge tract. Wayne Hall, 42131 Agena, concurred with previous speakers. CITY COUNCIL REPORTS Mayor Pro Tem Lindemans responded to a request from Councilmembers Roberts and Birdsall regarding reinstating bus service to Heritage Mobile Home Park. He reported that a survey was done by RTA which showed there are not enough riders to support a bus stop in this area. He reported he spoke with Susan Haffner of RTA and she stated that riders over 65 years of age would be eligible to use the dial-a-ride system. Mayor Pro Tem Lindemans suggested that the City Council consider annexation of the entire sphere of influence at one time., Councilmember Birdsall asked that staff pause before speaking at Council Meetings to allow time for their microphones to be switched on. CONSENT CALENDAR Councilmember Birdsall announced an abstention on Item No. 2. Mayor Stone requested the removal of Item No. 7. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Birdsall to approve Consent Calendar Items 1-6 and 8-13 with Councilmember Birdsall abstaining on Item No. 2. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks Minutes~ 10\17\95 -2o 11/O6/95 City Council Minutes October 17.1995 Standard Ordinance Adoption Procedure 1,1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Resolution Aoorovina List of Demands 2.1 Adopt a resolution entitled: RESOLUTION NO. 95-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A AYES: 3 COUNCILMEMBERS: Lindemans, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks ABSTAIN: 1 COUNCILMEMBERS: Birdsall Destruction of Records Reauest 3.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. City Treasurer's Report as of Auaust 31.1995 4.1 Receive and file the City Treasurer's Report as of August 31, 1995. Purchase of Vehicle for Buildina and Safety 5.1 Approve the purchase of a 1996 Chevrolet 2-wheel drive pick-up truck for the Building and Safety Department from Paradise Chevrolet of Temecula in the amount of $15,684.29. Minutes%10%17\95 -3- 11/06/95 City Council Minutes October 17. 1995 Release Labor & Material Bond for Tract No. 19872-F CaD Paving (Located West of Via Gilberto and South of Pala Road) 6.1 Authorize release of Labor and Material Bond for construction of cap paving for Tract 19872-F; 6.2 Direct the City Clerk to so advise the Developer and Surety. "Stoo" Control on Southbound Butterfield StaQe Road at Rancho California Road 8.1 Adopt a resolution entitled: RESOLUTION NO. 95-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "STOP SIGNS" "No ParkinQ" Zone on the South Side of Winchester Road, West of Enterprise Circle South (East) 9.1 Adopt a resolution entitled: RESOLUTION NO. 95-88 A RESOLUTION 'OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON THE SOUTH SIDE OF WINCHESTER ROAD FROM ENTERPRISE CIRCLE SOUTH (EAST) TO 200' TO THE WEST 10. Designation of Econo~nic Development Zones 10. 1 Adopt a resolution entitled: RESOLUTION NO. 95-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING VARIOUS AREAS WITHIN THE CITY OF TEMECULA AS ECONOMIC DEVELOPMENT DISTRICTS Minutes\l 0\17\95 -4- 11/06/95 City Council Minutes October 17, 1995 11. Redistribution of Sales Tax 11.1 Adopt a resolution entitled: RESOLUTION NO. 95-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON SALES TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO 2%. 12. 13. School Mitiaation Fees - Contract Amendment 12.1 Approve a contract amendment, for review of school mitigation fees. Out-of-Town Travel Plans 13.1 13.2 $6,820, to the DMG contract for the Authorize certain out-of-state travel plans. Authorize out-of-state travel plans for meeting with Federal Officials regarding Murrieta Creek. Contract Amendment No. I - Increase the Total Control Amount for Project PW94-20 Mayor Stone stated it appears the cost per square foot has increased and asked how much work will be redone and why. Public Works Director Kicak explained that since bids were not received until mid December, the work was done late in the season and 100% of the spraying will need to be redone. He explained this will provide for early pre-emergency spraying and will actually be the first phase of next year's program. Mayor Stone asked how long it would take to re-bid this project. Public Works Director Kicak answered this could be accomplished by the second meeting in November. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Birdsall to approve staff recommendation. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Birdsall, Lindemans NOES: 2 COUNCILMEMBERS: Roberts, Stone ABSENT: I COUNCILMEMBERS: Parks Minutes\l 0\17\95 -5- 11/06195 City Council Minutes October 17. 1995 It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Roberrs to direct staff to readvertise for bids on this project. The motion was unanimously carried with Councilmember Parks absent. RECESS Mayor Stone called a recess at 7:45 PM to accommodate the scheduled Community Services District Meeting, 'the Redevelopment Agency Meeting, the Old Town/Westside Community Facilities District Financing Authority Meeting and Old Town Westside Improvement Authority. The meeting was reconvened at 8:14 PM. COUNCIL BUSINESS 14. Council Committee AssiGnments - Councilmember Parks City Clerk June Greek presented the staff report. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberrs to make the following changes in Council Committee Assignments: Liaison to the Rede~elopment Advisory Committee Riverside County Habitat Conservation Agency Old Town Steering Committee Public Works/Facilities Committee Economic Development Committee (Director) Murrieta Creek Advisory Board Karel Lindemans Jeff Stone Pat Birdsall Jeff Stone Ron Roberts Karel Lindemans The motion was unanimously carried with Councilmember Parks absent. CITY MANAGER REPORTS City Manager Bradley reported that due to the League of California Cities meeting, the next Council Meeting will be held November 14, 1995. CITY ATTORNEY REPORTS None given. Minutes\l 0%17%95 -6- 11/06/95 City Council MinuTes October 17, 1995 ADJOURNMENT It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberrs to adjourn at 8:26 PM to a meeting on November 14, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Councilmember Parks absent. ATTEST: Jeffrey Eo Stone, Mayor June S. Greek, City Clerk Minutes\l O\17\95 -7- 11 106195 ITEM 3 RESOLUTION NO. A RF_,SOLI.VI~ON OF THE CITY COUNCIL OF THE CITY OF TElVlECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMEC~A DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the mount of $3,506,519.66 Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 14th day of November, 1995. A'ITF_ST: Jeffrey E. Stone, Mayor June S. Greek, CMC, City Clerk [SEAL] Re,o,\86 I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temeeula, 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 14th day of November, 1995 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, CMC, City Clerk !~,o~6 2 CI~Y OF TEMECULA LIST OF DEMANDS 10112/95 TOTAL CHECK RUN: 10/19/95 TOTAL CHECK RUN: 10/26/95 TOTAL CHECK RUN: 11102/95 TOTAL CHECK RUN: 11/14/95 TOTAL CHECK RUN: 11/22/95 TOTAL CHECK RUN: 10/19/95 TOTAL PAYROLL: 11/02/95 TOTAL PAYROLL: TOTAL LIST OF DEMANDS FOR 11/14/95 COUNCIL MEETING: $ 123,593.21 157,385.34 82,819.61 339,934.52 1.172,451.68 1,387.419.05 118,851.44 124,064.81 $ 3,506,519.66 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL 1 o0 GAS TAX 110 RANCHO CALIF ROAD REIMB DIST 120 DEVELOPMENT IMPACT FUND 140 COMMUNITY DEV BLOCK GRANT 165 RDA-LOW/MOD 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 (CIP) 220 MARGARITA ROAD REIMB. DIST. 250 CAPITAL PROJECTS - TCSD 280 RDA-CIP 300 INSURANCE 310 VEHICLES 320 INFORMATIONS SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA-DEBT SERVICE 390 TCSD DEBT SERVICE $ 1,050,173.6o 33,961.03 0,00 0.00 0.00 5,632.80 135, 172.93 13,734.13 22,526.68 33,491.22 518.94 1,874,163.68 0.00 31,056.44 22,537.28 0.00 11,970.94 9,853.74 18,810.00 0.00 0.00 3,263,603.41 PAYROLL: 001 GENERAL 100 GAS TAX 165 RDA-LOW/MOD 190 TCS D 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 RDA-CIP 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES $ 151,6~o.00 26,396.83 912.67 42,943.49 1,340.09 1,293.04 5,028.42 794.94 2,962.32 1.190.83 2.553.98 1.485.60 4,324.04 242,916.25 TOTAL BY FUND: GENIE ROBERTS, DIRECTOR OF FINANCE RONALD E. BRADLEY, CITY MANAGER ~ $ 3,506,519.66 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 11~L12/95 15:37 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 165 RDA DEV- LQt4/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL AMOUNT 19,398.28 2t528.97 32.98 28,691.20 7,848.26 21,703.27 3,553.71 29.74 31,620.24 148.09 3,001.53 3,549.15 823.23 123,593.21 VOUCHRE2 1 O/12/95 VOUCHER/ CHECK NUMBER 25842 25843 25844 25845 25846 25849 25849 25850 25850 25850 25851 25851 25852 25853 25853 25853 25854 25854 25854 25855 25856 25857 25857 25858 25858 25858 25859 25859 25859 25860 25861 25862 15:37 CHECK DATE 10/11/95 10/11/95 10/11/95 10/11/95 10/11/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 VENDOR VENDOR · NUMBER NAME 001578 CALIFORNIA DEPT OF PARK 001578 CALIFORNIA DEPT OF PARK 001578' CALIFORNIA DEPT OF PARK 001578 CALIFORNIA DEPT OF PARK 001578 CALIFORNIA DEPT OF PARK 001985 A E P (ASSOC OF ENVIRO 001985 A E P (ASSOC OF ENVIRO 001515 A S A P TRUCK TRACTOR & 001515 A S A P TRUCK TRACTOR & 001515 A S A P TRUCK TRACTOR & 001895 A T & T - VAN NUYS 001895 A T & T - VAN NUYS AMERICAN UNITED CONSTRU 001910 AMERITECH COMMUNICATION 001910 AMERITECH COMMUNICATION 001910 AMERITECH COMMUNICATION 000622 BANTA ELECTR[C-REFRIGER 000622 BANTA ELECTR[C'-REFRIGER 000622 BANTA ELECTR[C-REFRIGER 002085 BARNEY & BARNEY BITTNER, SUSAN 000679 BOGRAPHICS PRINTING PLU 000679 BOGRAPH[CS PRINTING PLU 000126 000126 000126 001590 001590 001590 000127 002017 O009BO CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE HA CALIFORNIA REDEVELOPMEN CALIFORNIA REDEVELOPMEN CALIFORNIA REDEVELOPMEN CALIFORNIAN, INC. -LEGA CiTY WIDE ELECTRONIC SY COAST IRRIGATION SUPPLY CiTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ENTRIES FOR STATE AWARDS ENTRIES FOR STATE AWARDS ENTRIES FOR STATE AWARDS ENTRIES FOR STATE AWARDS ENTRIES FOR STATE AWARDS AEP MEMBERSHIP FOR D,UBNOSKE AEP MEMBERSHIP FOR D,UBNOSKE SUPPLEMENTAL WEED ABATEMENT SUPPLEMENTAL WEED ABATEMENT SUPPLEMENTAL WEED ABATEMENT 909 695-3539 GEN USAGE 909 699-2309 GEN USAGE REFUND:EXPRESS MAIL CHARGES TONER FOR FAX MACHINE FREIGHT TAX EXHAUST FAN SYSTEM - CRC HVAC/ELECTRICAL SERVICES ELECTRICAL SVCS FOR TCSD PARKS ANNUAL PROPERTY COVERAGE REFUND-SECURITY DEPOSIT RECREATION PRGM RECEIPT BOOKS TAX REPAIR MAIN LINE/MAGEE PARK SANTA GERTRUDIS TRAIL SPRAY LABOR/MATERIALS/DRAIN CLEANOUT REFUND-REGISTRATION FEE-MCDERM CRA RDA COURSE-MCDERMOTT-I/22 INTROD RDA CONF:NAASEH:9/28/95 PUBLIC NOTICES MONITORING FOR ALARM SYSTEM IRRIGATION PARTS & EQUIPMENT ACCOUNT NUMBER 190-180-999-5260 190-180-999-5260 190-180-999-5260 190-180-999-5260 190-180-999-5260 001-161-501-5226 001-161-502-5226 001-162-999-5440 001-162-999-5440 001-162-999-5440 320-199-999-5208 320-199-999-5208 001-199-4053 330-199-999-5220 330-199-999-5220 330-199-999-5220 190-182-999-5212 190-182-999-5250 190-180-999-5212 300-199-999-5204 190-2900 190-180-999-5301 190-180-999-5301 190-180-999-5415 190-180-999-5212 190-180-999-5415 001-140-999-5261 001-140-999-5261 001-161-501-5261 001-161-502-5256 190-181-999-5212 190-180-999-5212 ITEM AMOUNT 25.00 25.00 25.00 25.00 25.00 40.00 40.00 160.00 300.00 120.00 5.41 5.55 25.00 130.00 3.22 10.08 1,700.00 123.59 222.00 2,990.00 40.00 214.55 16.63 113.37 789.55 70.00 123.25- 490.00 165.00 34.07 105.00 62.33 PAGE 1 CHECK AMOUNT 25.00 25.00 25.00 25.00 25.00 80.00 580.00 10.96 25.00 143.30 2°045.59 2,990.00 40.00 231.18 972.92 531.75 34.07 105.00 62.33 VOUCHRE2 PAGE 2 1~"'"'~/95 15:37 VOUCHER/ CHECK CHECK NUMBER DATE 25863 10/12/95 25864 10/12/95 25864 10/12/95 25864 10/12/95 25864 10/12/95 25865 10/12/95 25866 10/12/95 25867 10/12/95 25868 10/12/95 25869 10/12/95 25869 10/12/95 25870 10/12/95 25871 10/12/95 25871 10/12/95 2 10/12/95 25872 10/12/95 25872 10/12/95 25872 10/12/95 25873 10/12/95 25874 10/12/95 25874 10/12/95 25874 10/12/95 25875 10/12/95 25876 10/12/95 25877 10/12/95 25877 10/12/95 25877 10212/95 25877 10/12/95 25877 10/12/95 25877 10/12/95 25878 10/12/95 25879 10/12/95 25880 10/12/95 VENDOR ' NUMBER 000140 002036 002036 002036 002036 001535 VENDOR NAME COLONIAL LIFE & ACCIDEN CONSOL]DATED REPROGRAPH CONSOLIDATED REPROGRAPH CONSOL]DATED REPROGRAPH CONSOLIDATED REPROGRAPH CREEKSIDE TEXACO, INC. 002074 DATA BUSINESS SYSTEMS 002084 DOAN, SI 000643 000643 FIORENZA, KAREN FORTNER HARDWARE, INC. FORTNER HARDWARE, INC. 000993 FREEDOM COFFEE, INC. 001103 FREEDOM MATERIALS 001103 FREEDOM MATERIALS 000184 000184 000184 000184 001355 00017'/ 000177 000177 000186 000186 000186 000186 000186 000186 001343 001407 001835 G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYN G T E CALIFORNIA, INC. GLENN]ES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GRAHAM CONTRACTING HALL, NANCY LEE HANKS HARDWARE, INC. HANKS HARDWARE~ INC. HANKS HARDWARE, INC. HANKS HARDWARE, INC. HANKS HARDWARE, INC. HANKS HARDWARE, INC. HOWE WELDING & FABRICAT INTER VALLEY POOL SUPPL JADOT, VALERIE S CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REISSUE-STEVE CRESSliELL INSURA REPROGRAPHICS SERVS-CITY HALL REPROGRAPHICS SERVS-C]TY HALL REPROGRAPHICS SERVS-C]TY HALL REPROGRAPHICS SERVS-CITY HALL VEHICLE MAINT/REPAIR/PW REPAIR CASH REGISTER PAYMENT TO INSTRUCTOR REFUND-TCSD CLASS REGISTRATION TCSD MAINTENANCE SUPPLIES MAINT SUPPLIES FOR P W CREW BEVERAGE SERVICE - CITY HALL CONSTRUCTION MATERIALS - PARKS CONSTRUCTION MATERIALS - PARKS 909 694-6400 GEM USAGE 909 695-3539 GEN USAGE 909 699-0128 GEM USAGE 909 699-2309 GEM USAGE MNTHY ACCESS CHGS 09/28-10/27 MISC OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES REFUND:PLANS NEVER RECIEVED TCSD INSTRUCTOR EARNING MAINTENANCE SUPPLIES-CITY HALL MAINTENANCE SUPPLIES FOR PARKS COLD WATER PRESSURE WASHER TAX MISC RECREATION SUPPLIES MAINTENANCE SUPPLIES FOR PARKS REPAIR STENCIL TRUCK PUMP CRC POOL CHEMICALS REISSUE CHECK: SALES TAX ASST ACCOUNT NUMBER 001-2330 210-199-650-5804 210-199-650-5804 210-199-650-5804 210-199-650-5804 100-164-601-5214 001-140-999-5250 190-183-999-5330 190-183-4982 190-180-999-5212 100-164-601-5218 340-199-999-5250 190-180-999-5212 190-180-999-5212 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 001-110-999-5220 190-180-999-5220 190-180-999-5220 001-199-4053 190-183-999-5330 340-199-999-5212 190-180-999-5212 190-180-999-5610 190-180-999-5610 190-180-999-5301 190-180-999-5212 100-164-601-5215 190-182-999-5212 001-2030 I T EM AMOUNT 25. O0 13.97 8.60 9.35 8.15 269.08 125.00 556.00 35. O0 46.46 98.70 163.96 82.50 43.10 532.19 37.69 1,031.95 29.21 350.00 8.92 Z.79 101.78 30.00 168. O0 51,37 26.13 1,595.00 123.61 3.81 277.31 97. O0 304.94 200.70 CHECK AMOUNT 25.00 40.07 269.08 125.00 556.00 35.00 145.16 163.96 125.60 1,631.04 350.00 113.49 30.00 168.00 2,077.23 97.00 304.94 200.70 VOUCHRE2 1 O/12/95 VOUCHER/ CHECK NUMBER 25881 25881 25882 25883 25883 25884 25884 25885 25886 25887 25888 25888 25889 25890 25891 25892 25892 25893 25894 25894 25894 25895 25895 25896 25896 25896 25896 25896 25897 25898 25898 25898 25898 25898 15:37 CHECK DATE 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/lZ/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 VENDOR NUMBER 002071 002071 000203 000820 000820 001667 001667 000206 001282 000209 000209 001607 001973 001671 001513 001513 001981 000214 000214 000214 OO1384 001384 001892 001892 001892 001892 001892 000235 000239 000239 000239 000239 000239 VENDOR NAME JARVINEN TRAVEL CENTERS JARVINEN TRAVEL CENTERS JOBS AVAILABLE, INC. K R W & ASSOCIATES K R W & ASSOCIATES KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KINKO'S OF RIVERSIDE, I KNORR POOL SYSTEMS, 1NC KUEHL, JANET L & M FERTILIZER, INC, L & M FERTILIZER, INC. L D D S COMMUNICATIONS, LA SALLE LIGHTING SERVI LAIDLAW ENVIRONMENTAL S LIBERTY AUTO CENTER LIBERTY AUTO CENTER LINDA GOLDZIMER CONSULT LUNCH & STUFF CATERING LUNCH & STUFF CATERING LUNCH & STUFF CATERING MINUTEMAN PRESS MINUTEMAN PRESS MOBILE MODULAR MOBILE MODULAR MOBILE MODULAR MOBILE MODULAR MOBILE MODULAR 0 C B REPROGRAPHICS, IN OLSTEN STAFFING SERVICE OLSTEN STAFFING SERVICE OLSTEN STAFFING SERVICE OLSTEN STAFFING SERVICE OLSTEN STAFFING SERVICE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS [TEN DESCRIPTION AIRFAIRE:LEAGUE/CITIES/NAASAH REIMB, AIRFARE/NAASAH JOB RECRUITMENT AD PROF PLAN CHECK SERVS/AUG 95 WORKERS' CONP-FROM SEPT INVOIC TEMP HELP W/E 8/27 LUJAN TEMP HELP W/E 9/3 LUJAN MISC COPY SUPPLIES MISC POOL SUPPLIES FOR CRC REFUND-TCSD CLASS REGISTRATION PARTS AND EQUIP FOR REPAIRS PARTS, EQUIP AND REPAIRS LONG DISTANCE SERVS LIGHT REPAIRS HAZ-MAT STORAGE/DISPOSAL REPA]R/MA]NT, VEHICLE; B&S VEHICLE REPAIR/MAINTENANCE CUST SERVICE TRAINING CUSTOMER SERVICE TRAINING CUSTOMER SERVICE TRAINING CUSTOMER SERVICE TRAINING CONTINUOUS LETTERHEAD RECEIPTS TAX LEASE PAYMENT FOR INTERIM FIRE TAX LEASE PAYMENT FOR INTERIM FIRE TAX INTERIM FIRE STATION BLUEPRINTS REPROGRAPHICS SERVS TEMP HELP W/E 7/2 & 7/9 GRAGE TEMP HELP W/E 7/2 & 7/9 GRAGE TEMP HELP W/E 9/10 GRAGE TEMP HELP W/E 9/10 GRAGE TEMP HELP W/E 9/10 GRAGE ACCOUNT NUMBER 001-161-501-5258 001-1170 001-150-999-5254 001-163-999-5249 001-1180 190-180-999-5118 190-180-999-5118 330-199-999-5220 190-182-999-5212 190-183-498Z 190-180-999-5242 190-180-999-5242 320-199-999-5208 190-180-999-5212 100-164-601-5430 001-162-999-5214 001-162-999-5214 001-150-999-5248 001-162-999-5261 001-161-501-5261 001-161-502-5261 001-140-999-5222 001-140-999-5222 001-171-999-5470 001-171-999-5470 001-171-999-5470 001-171-999-5470 001-171-999-5470 210-190-626-5802 001-161-501-5118 001-161-502-5118 001-162-999-5118 001-161-501-5118 001-161-502-5118 ITEM AMOUNT 161.00 3.00 50.40 1,712.50 55.61 - 442. O0 442. O0 22.90 51.84 40. O0 167.61 1,441.75 247. O0 299. O0 202.84 154.33 5,521.56 192.00 40.00 120.00 314.40 24.37 905.00 70.14 685. O0 53.09 856.61 832.92 151.20 151.20 194.40 70.88 70.87 PAGE 3 CHECK AMOU N T 164. O0 50.40 1,656.89 884.00 22.90 51.84 40.00 241.36 1,441.75 2~' 299. O0 357.17 5,521.56 352.00 338.77 2,569.84 832.92 67' VOUCHRE2 CITY OF TEMECULA l~-"~/95 15:37 VOUdHER/CNECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 25899 10/12/95 001561 PAGENET - PAGING METEOR PAGING NETWORK 25899 10/12/95 001561 PAGENET - PAGING NETWOR PAGING NETWORK 25899 10/12/95' 001561 PAGENET - PAGING NETWOR PAGING NETWORK 25899 10/12/95 001561 PAGENET - PAGING NETWOR PAGING NETWORK 25899 10/12/95 001561 PAGENET.- PAGING NETWOR PAGING NETWORK 25899 10/12/95 001561 PAGENET - PAGING NETWOR PAGING NETWORK 25899 10/12/95 001561 PAGENET - PAGING NETWOR PAGING NETWORK 25899 10/12/95 001561 PAGENET - PAGING NETWOR PAGING NETWORK 25899 10/12/95 001561 PAGENET - PAGING NETWOR PAGING NETWORK fSEPT 95 001-100-999-5250 ~SEPT 95 320-199-999-5238 ~SEPT 95 001-120-999-5250 FSEPT 95 001-162-999-5250 fSEPT 95 001-163-999-5250 ISEPT 95 100-164-601-5238 ISEPT 95 001-165-999-5238 ~SEPT 95 190-180-999-5250 ~SEPT 95 001-170-999-5242 15.00 33.56 7.50 30.00 15.00 15.00 7.50 75.00 30.00 228.56 25900 10/12/95 001243 PALMQUIST, MARY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 168.00 168.00 25901 10/12/95 PAULSON, TERRI REFUND-TCSD CLASS REGISTRATION 190-183-4982 25902 10/12/95 000255 PRO LOCK & KEY LOCKSMITH SERVICES/TCSD 190-180-999-5212 25902 10/12/95 000255 PRO LOCK & KEY LOCKSMITH SERVICES/TCSD 190-180-999-5212 20.00 6.47 53.08 20.00 59.55 25903 10/12/95 002012 R D 0 EQUIPMENT CO. MISC SUPPLIES FOR TRACTOR 100-164-601-5214 14.01 14.01 25904 10/12/95 000270 R J M DESIGN GROUP, INC AUG PRGSS PMT-PRK VIEW SITE 25904 10/12/95 000270 R J M DESIGN GROUP, INC AUG PRGSS PMT-PRK VIEW SITE 210-190-138-5802 210-190-138-5802 2,430.00 1,575.00- 855.0O ~5 10/12/95 000947 RANCHO BELL BLUEPRINT C MISC OFFICE SUPPLIES J5 10/12/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPRODUCTION 330-199-999-5220 001-163-999-5268 21.55 23.47 45.02 25906 25906 25906 25906 25906 25906 25906 25906 25906 10/12/95 000262 RANCHO CALIFORNIA WATER WATER SERVS-VIA REINA/LSCP 193-180-999-5240 10/12/95 000262 RANCHO CALIFORNIA WATER WATER SERVS-CAMINO MERANO/LSCP 193-180-999-5240 10/12/95 000262 -RANCHO CALIFORNIA WATER WATER SERV-FRONT ST/CITY YARD 100-164-601-5240 10/12/95 000262 RANCHO CALIFORNIA WATER VARIOUS LOCATIONS-WATER SERVS 190-180-999-5240 10/12/95 000262 RANCHO CALIFORNIA WATER VARIOUS LOCATIONS-WATER SERVS 190-181-999-5240 10/12/95 000262 RANCHO CALIFORNIA WATER VARIOUS LOCATIONS-WATER SERVS 190-182-999-5240 10/12/95 000262 RANCHO CALIFORNIA WATER VARIOUS LOCATIONS~WATER SERVS 191-180-999-5240 10/12/95 000262 RANCHO CALIFORNIA WATER VARIOUS LOCATIONS-WATER SERVS 193-180-999-5240 10/12/95 000262 RANCHO CALIFORNIA WATER VARIOUS LOCATIONS-WATER SERVS 340-199-999-5240 218.21 217.07 16.74 4,658.65 147.05 2,266.56 158.62 2,882.57 10.60 10,576.07 25907 25907 25907 25907 10/12/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-PARKS 190-180-999-5212 10/12/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-CITY HALL 340-199-999-5212 10/12/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-PARKS 190-180-999-5212 10/12/95 000426 RANCHO iNDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-CITY HALL 340-199-999-5212 119.62 44,80 124.13 6.50 295.05 25908 10/12/95 001680 RAY GRAGE AND ASSOCIATE SEPT PLAN CHECK SERVS 001-162-999-5248 438.10 438.10 25909 10/12/95 001942 S C SIGNS AKA: KING, ST POSTING FOR SIGNS 25909 10/12/95 001942 S C SIGNS AKA: KING, ST POSTING FOR SIGNS 001-161-501-5256 001-161-501-5256 520.00 325.00 845.00 25910 25910 25910 25910 25910 "~10 10/12/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 190-180-999-5263 10/12/95 000704 S K S# INC/INLAND OIL FUEL FOR CITY VEHICLES 100-164-601-5263 10/12/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-165-999-5263 10/12/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-163-999-5263 10/12/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-162-999-5263 10/12/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-170-999-5262 68.63 345.59 64.27 107.28 41.07 770.17 VOUCHRE2 PAGE 5 10/12/95 15:37 VOUCHER/ CHECK NUMBER 25911 25911 25912 25912 25913 25914 25914 25914 25914 25914 25914 25915 25916 25916 25917 25917 25917 25917 25917 25917 25917 25917 25917 25917 25917 25917 25917 25917 25918 25919 25920 25921 25921 25921 25921 25922 25922 25923 CHECK DATE 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 1'0/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 VENDOR NUMBER 002041 002041 002047 002047. 000519 000537 000537 000537 000537 000537 000537 000375 001696 001696 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 000294 001546 001497 001672 002065 002065 002065 002065 000326 000326 VENDOR NAME SEAN MALEK ENGINEERING SEAN MALEK ENGINEERING SOIL TECH INC SOIL TECH INC SOUTH COUNTY PEST CONTR SOUTHERN CALIF EDISON - SOUTHERN CALIF EDISON - SOUTHERN CALIF EDISON - SOUTHERN CALIF EDISON - SOUTHERN CALIF EDXSON ' SOUTHERN CALXF EDISON - SOUTHERN CALIF TELEPHON STAPLES OFFICE SUPPLY STAPLES OFFICE SUPPLY STATE FUND - SAN FRANCI STATE FUND - SAN FRANCI STATE FUND - SAN FRANCI STATE FUND - SAN FRANCI STATE FUND - SAN FRANCI STATE FUND - SAN FRANCI- STATE FUND - SAN FRANCI STATE FUND - SAN FRANCl STATE FUND - SAN FRANCI STATE FUND - SAN FRANCI STATE FUND - SAN FRANCI STATE FUND - SAN FRANCI STATE FUND - SAN FRANCI STATE FUNO - SAN FRA~CI STRAIGHT LINE GLASS T R W,INC.-INFORMATION TEMECULA DRAIN SERVICE UNISOURCE UNISOURCE UNISOURCE UNISOURCE UNITOG RENTA~ SERVICE, UNITOG RENTAL SERVICE, VANDEHEI, MELISSA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION CONSTRUCTION OF ACCESS RAMPS RETENTION:CONST ACCESS RAMP PARKVIEW ROUGH GRADING PROF SERVS CONTRACT/PARKVIEW PEST CONTROL SERVICES - CITY VARIOUS ELECT SERVS VARIOUS ELECT SERVS VARIOUS ELECT SERVS VARIOUS ELECT SERVS VARIOUS ELECT SERVS VARIOUS ELECT SERVS 909 312-0474 EOC CATALOG CASES FOR TEN POLICE TAX WORKERS~ CONP- SE~T 1995 WORKERS~ CONP- SEPT 1995 WORKERS' CONP' SEPT 1995 WORKERS' COMP' SEPT 1995 WORKERS' CONP- SEPT 1995 WORKERSt CONP- SEPT 1995 WORKERS~ CONP- SEPT 1995 WORKERS' CONP- SEPT 1995 WORKERSt CONP- SEPT 1995 WORKERS~ CONP- SEPT 1995 WORKERS~ CONP- SEPT 1995 WORKERS~ COMP- SEPT 1995 WORKERS~ COMP- SEPT 1995 WORKERS~ CONP- SEPT 1995 CRC DOOR REPAIRS CREDIT REPTS FOR RDA LOANS PLUMBING SERVICES FOR TCSD COLORED PAPER 12 REAMS GREEN PAPER FOR HOLIDAY LIGHTS TAX TAX UNIFORM MAINT/PUBLIC WORKS UNIFORM MAINT. FOR TCSD REFUND-SWIMMING REGISTRATION ACCOUNT NUMBER 210-190-140-5804 Z10-Z035 210-199-128-5804 210-199-128-5804 340-199-999-5250 191-180-999-5319 190-180-999-5240 190-182-999-5240 191-180-999-5319 192-180-999-5319 193-180-999-5240 320-199-999-5208 001-170-999-5292 001-170-999-5292 001-2370 100-2370 165-2~70 190-2370 191-2370 192-2370 193-2370 194-2370 280-2370 300-2370 320-2370 330-2370- 340-2370 001-1182 190-182-999-5212 280-199-999-5250 190-180-999-5212 330-199-999-5220 190-180-999-5222 190-180-999-5222 190-180-999-5222 100-164-601-5243 190-180-999-5243 190-183-4982 ITEM AMOUNT 25,200.00 2,520.00- 1,802.50 5,409.75 42.00 25.95 1,906.46 ,7,105.28 7,587.22 21,692.13 52.19 47.49 79.98 6.20 4,107.15 1,270.89 32.98 2,006.40 76.47 11.14 183.67 29.74 98.09 11.53 34.35 11.21 310.70 55.61 60.00 50.00 328.00 465.60 330.75 25.63 36.08 24.00 21.35 50.00 CHECK AMOUNT 22,680.00 7,212.25 42.00 38,369.23 47.49 8,239.93 60.00 50.00 328.00 858.06 45.35 50.00 VOUCHRE2 lo-,-~/95 VOUCHER/ CHECK NUMBER 25924 25925 25925 25925 25925 25926 25927 15:37 CHECK VENDOR VENDOR DATE NUMBER NAME 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 10/12/95 WAKOSKI, NOELLE 001342 WAXIE SANITARY SUPPLY, 001342 WAXIE SANITARY SUPPLY, 001342, WAXIE SANITARY SUPPLY, 001342 WAXIE SANITARY SUPPLY, 000339 WEST PUBLISHING COMPANY YELLOW PAGES, INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 6 ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT REFUND-TCSD CLASS REGISTRATION' 190-183-4982 BLDG. MAINT. SUPPLIES-CITY BLDG. MAINT. SUPPLIES-SENIOR JANITORIAL SUPPLIES/CITY BALL TAX CA CODE PUBLICATIONS 340-199-999-5212 190-181-999-5212 100-164-601-5218 100-164-601-5218 001-120-999-5228 190-180-999-5250 35.00 193.30 519.41 73.28 5.68 92.20 147.00 YELLOW PAGE AD FOR CRC 35.00 791.67 92.20 147.00 TOTAL CHECKS 123,593.21 VOUCHRE2 13:38 CiTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 165 RDA DEV- LO~/HOD SET ASIDE 190 COMHUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D ZlO CAPITAL INPROVEHENT PROJ FUND 280 REDEVELOPHENT AGENCY - CIP 300 INSURANCE FUND 320 INFORHATION SYSTEHS 330 SUPPORT SERVICES 340 FACILITIES TOTAL AMOUNT 72,773.08 7,888.07 2,137.73 14,352.22 646.73 315.98 1,934.05 -187.69 50,050.78 6Z8.69 69Z.59 3,219.24 1,826.31 732.18 157,385.34 VOUCHRE2 1 O/19/95 VOUCHER/ CHECK NUMBER 25928 25929 519853 519853 519853 519853 519853 519853 519853 519853 519853 519853 519853 519853 519853 519853 519853 519853 519853 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 562803 13:38 CHECK DATE 10/17/95 10/18/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 VENDOR NUMBER 000144 001298 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 VENDOR NAME COSTCO WHOLESALE CORPOR UNIVERSITY EXTENSION FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (]RS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (]RS) FIRSTAX C]RS) FIRSTAX (IRS) FIRSTAX CIRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION LUNCH FOR GOLF TOURNAMENT EXTENSION CLASS:CRESSWELL/FAUL 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 NEDICARE 000283 NEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 HEDICARE 000283 MEDICARE 000283 NEDICARE 000283 MEDICARE ACCOUNT NUMBER 001-2172 001-163-999-5261 001-2070 190-2070 193-2070 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 ITEM AMOUNT 100.00 450.00 63.74 52.18 6.38 2.67 3,140.02 602.02 9.28 639.95 24.64 9.57 119.59 16.56 29.76 37.89 93.45 22.96 16.92 11,707.53 2,418.63 30.31 2,702.23 113.35 ?5.57 469.60 76.17 155.19 128.07 371.27 115.94 140.44 2,717.42 494.02 14.62 746.70 24.82 24.64 95.92 14.56 47.41 22.11 60.7Z 25.32 70.82 PAGE 1 CHECK AMOUNT 100.00 450.00 4,887.58 22,863.38 25932 10/19/95 001502 ADVANCE BUSINESS GRAPHI TEMECULA PARKING CITATIONS 001-170-999-5222 890.56 25932 10/19/95 001502 ADVANCE BUSINESS GRAPHI TAX 001-170-999-5222 62.34 952 VOUCHRE2 1 ['~-~/95 VOUCHER/ CHECK NUMBER 25933 25934 25935 25936 25936 25937 25937 25938 25939 25939 25939 25940 25941 25943 25943 25943 25944 25945 25945 25946 25947 25947 25948 25948 25949 25949 25950 25951 25952 13:38 CHECK DATE 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION 001425 AIRTOUCH CELLULAR CORP. 909-204-1200/TH/SEPT 000747 AMERICAN PLANNING ASSOC MEMBERSHIP:PLANNING BOARD 001149 AMERICAN SOCIETY OF CIV MEMBERSHIP RENEWAL:SPAGNOLO 001947 AMERIGAS 001947 AMERIGAS ARADANAS, ROD ARADANAS, ROD ASSEMBLIES OF GOD 000622 BANTA ELECTR]C-REFRIGER 000622 BANTA ELECTR]C-REFRIGER 000622 BANTA ELECTRIC-REFRIGER 002085 BARNEY & BARNEY BEACH, DEBB1E 000127 CALIFORNIAN° INC. -LEGA 000135 CENTRAL CITIES S]GN SER 000135 CENTRAL CITIES SIGN SER 000135 CENTRAL CITIES SIGN SER 001723 CHACON, DAVID 000137 CHEVRON U S A INC. 000137 CHEVRON U S A INC, 001275 CONPUSERVE, INC, 001393 DATA TICKET, INC. 001393 DATA TICKET, INC. 001924 DAVID N. GRIFFITH & ASS 001924 DAVID M. GR]FFITH & ASS 000155 DAVLIN 000155 DAVLIN 000602 DEAN'S PHOTO SERVICE, 001542 DEFABIIS, SEAN-PAUL MIC 000518 DEL RIO CARE ANIMAL HOS 002091 DISCOUNT TIRE CENTERS PROPANE FUEL FOR CITY VEHICLES PROPANE FUEL FOR CITY VEHICLES REFUND CANCELLED RENTAL REFUND CANCELLED RENTAL REFUNO-FIELD RESERVATION ELECT REPAIRS t THE CRC PRKLOT REPAIR CONDUITS IN SOUND ROOM INSTALL POOL SLIDE SWITCH CIGA INS SURCHARGE/9937893-02 REFUND-TCSD CLASS REGISTRATION ADS FOR CALIFORNIAN/SEPT MISC. HARDWARE FOR SIGNS MISC, HARDWARE FOR SIGNS MISC. HARDWARE FOR SIGNS TCSD INSTRUCTOR EARNINGS FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES COMPUTER INFORMATION SRVS/SEPT PRKING CITATION PROCESS SERVS PRKING CITATION PROCESS SERVS SCHOOL IMPACT FEES STUDY CREDIT INVOICE EXCEEDS CONTRCT BROADCASTING OF COUNCIL MTGS. BROADCASTING OF COUNCIL NTGS. HALLOWEEN CARNIVAL PICTURES TCSD INSTRUCTOR EARNINGS VET CHARGES POLICE K-9 TIRES FOR CITY VEHICLES ACCOUNT NUMBER 320-199-999-5208 001-161-502-5226 001-165-999-5226 001-162-999-5263 190-180-999-5263 190-2900 190-183-4990 190-2900 190-180-999-5212 190-182-~-5Z50 190-182-999-5250 300-199-999-5204 190-183-4982 001-120-999-5256 i00-16~-601-5244 100-164-601-5244 100-164-601-5244 190-183-999-5330 001-161-501-5262 190-180-999-5263 320-199-999-5228 001-140-999-5250 001-170-999-5250 001-140-999-5248 001-140-9~9-5248 001-100-999-5250 001-100-999-5250 190-183-999-5370 190-183-999-5330 001-170-999-5327 100-164-601-5214 ITEM AMOUNT 66.07 280. O0 165.00 240.60 240.14 100.00 154.00 100.00 63.39 51.68 92.50 344.12 20.00 196.70 122.19 26.94 24.24 180.00 11.59 106.63 10.00 4,850.11 734.93 - 800.00 792.46 107.10 400. O0 20.75 112.93 PAGE 2 CHECK AMOUNT 66.07 280.00 165.00 480.74 254.00 100.00 207.57 344.12 20.00 196.70 173.37 180,00 118.22 10,00 151,50 4,115.18 1,592.46 107.10 400.00 20.75 112.93 VOUCHRE2 PAGE 3 10/19/95 13:38 ""-- VOUCHER/ CHECK NUMBER 25954 25955 25955 25955 25955 25955 25956 25956 25956 25957 25958 25958 25959 25959 25960 25961 25962 25963 25964 25964 25965 25966 25967 25967 25967 25967 25968 25969 25970 25971 25971 25972 CHECK DATE 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 VENDOR NUMBER 000523 001977 001977 001977 001977 001977 000165 000165 000165 001002 001103 001103 000184 000184 000177 001609 000186 000186 001517 000194 000194 000194 000194 002090 001340 001407 000199 000199 001186 VENDOR NAME EASTERN MUNICIPAL WATER EASTERN POLICE SUPPLY EASTERN POLICE SUPPLY EASTERN POLICE SUPPLY EASTERN POLICE SUPPLY EASTERN POLICE SUPPLY FEDERAL EXPRESSt INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FIRST INTERSTATE BANK C FREEDOI4 MATERIALS FREEDOM MATERIALS G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM GLENNIES OFFICE PRODUCT GREATER ALARM COMPANY, GUST, KATHY HAMAMOTO, AILEEN HANKS HARDWARE, INC. HANKS HARDWARE, INC. HARLEY OWNERS GROUP HEALTH & HUMAN RESOURCE RETIREMENT TRUS RETIREMENT TRUS RETIREMENT TRUS RETIREMENT TRUS INDUSTRIAL SCIENTIFIC C INNOVATIVE IMAGES INTER VALLEY POOL SUPPL INTERNAL REVENUE SERVIC INTERNAL REVENUE SERVIC IRWIN, JOHN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 95366-02 DIEGO DR LDSCP RED TRAINING GUNS-POLICE DEPT RED TRAINING GUNS-POLICE DEPT RED TRAINING GUNS-POLICE DEPT RED TRAINING GUN-POLICE DEPT TAX EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES 5473-6664-0391-O057/SN-SEPT CONSTRUCTXON MATERIALS - PARKS SAW RENTAL FOR TCSD NAINT 909-694-1211/POLICE DEPT 909-699-8632/GENERAL USE OFFICE SUPPLIES ALARM MONITORING - STORAGE REFUND:CANCELLED CLASS REFUND-TCSD CLASS REGISTRATION HALLOWEEN CARNIVAL SUPPLIES HARDWARE SUPPLIES-FIRE DEPT REFUND-OVRPMT PA95-0067 EMPLOYEE ASSIST PROGRAM SERVS 000194 DEF CONP 000194 DEF CONP 000194 DEF COMP 000194 DEF COMP STENCIL TRUCK GAS DETECTOR REP CITY FLOAT RESTORATION CRC POOL CHEMICALS 000199 ZRS GARN 000199 IRS GARN TCSD iNSTRUCTOR EARNINGS ACCOUNT NUMBER 193-180-999-5240 001-170-999-5242 001-170-999-5242 001-170-999-5242 001-170-999-5242 001-170-999-5242 210-199-650-5804 001-162-999-5230 001-161-502-5230 001-100-999-5260 190-180-999-5212 190-180-999-5212 320-199-999-5208 320-199-999-5208 190-180-999-5220 340-199-999-5250 190-183-4982 190-183-4982 190-183-999-5370 001-171-999-5470 001-2660 001-150-999-5250 001-2080 100-2080 190-2080 192-2080 100-164-601-5215 001-100-999-5214 190-182-999-5212 001-2140 100-2140 190-183-999-5330 ITEM AMOUNT 344.75 32.52 32.52 32,53 32.53 5.18 9.50 25.84 23.97 332.15 65.73 19.40 269.40 27.38 39.72 35.00 20.00 14.00 40.00 51.56 83.00 338.35 937.89 86.45 452.78 100.00 89.25 860.00 182.10 143.36 143.34 201.60 CHECK AMOUNT 344.73 135.28 59.31 332.15 85.13 296.78 39.72 3F 20.00 14.00 91.56 83.00 338.35 1,577.12 89.25 860.00 182.10 286.70 201.60 VOUCHRE2 lC~u9/95 VOUCHER/ CHECK NUMBER 259~3 25973 25973 25973 25973 25973 25974 25973 25975 25973 25975 25975 25976 25977 25977 25978 ~9 25980 25980 25981 25981 25981 25982 25982 25982 25982 25982 25983 25983 25984 25985 25985 25985 25985 25986 25986 13:38 CHECK DATE 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19195 VENDOR NUMBER 001667 001667 001667 001667 001667 001667 000205 000206 000206 000206 000206 000206 000209 001982 001982 000414 000653 001967 001967 000219 000219 000219 002046 002046 002046 002046 002046 000220 000220 001905 000226 000226 000226 000226 001384 00138~ 000228 VENDOR NAME KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KIDS PARTIES, ETC. KINKO~S OF RIVERSIDE, KINKO~S OF RIVERSIDEw KINKO~S OF RIVERSIDE, KINKO~S OF RIVERSIDE, KINKO~S OF RIVERSIDE, L & M FERTILIZER, INC., L WILLIAMS LANDSCAPE, L WILLIAMS LANDSCAPE, I LONGS DRUG STORE LUCKY STORE, INC. MANPOWER TEMPORARY SERV MANPOWER TEMPORARY SERV MARTIN 1-HOUR PHOTO MARTIN 1-HOUR PHOTO MARTIN 1-HOUR PHOTO MASTER K 9 INC MASTER K 9 INC MASTER K 9 INC MASTER K 9 INC MASTER K 9 INC MAUR1CE PRINTERS, INC. MAURICE PRINTERS, INC. MEYERS, DAVID WILLIAM MICRO AGE COMPUTER CENT MICRO AGE COMPUTER CENT MICRO AGE COMPUTER CENT MICRO AGE COMPUTER CENT MINUTEMAN PRESS MINUTEMAN PRESS MOBIL, INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TEMP HELP W/E 10/1 EVANS TEMP HELP W/E 10/1 EVANS TEMP HELP W/E 10/1 EVANS TEMP HELP W/E 10/8 EVANS TEMP HELP W/E 10/8 EVANS TENP HELP W/E 10/8 EVANS HALLOWEEN CARNIVAL SUPPLIES PRINTING/SUPPLIES/TCSD MISC. RECREATION SUPPLIES MISC. RECREATION SUPPLIES COPIES FOR PLANNING CREDIT: RECREATION SUPPLIES MISC. MAINTENANCE SUPPLIES LDSCP MAINT & TREE REPLACEMNTS REMOVE HATJi~RDOUS TREES & TRIM FILM PURCHASE AND PROCESSING SUPPLIES-COOKIE MONSTER CLASS TEMP HELP W/E 10/1LIPOSCHAK TEMP HELP W/E 10/8 LIPOSCHAK PHOTO DEVELOPING ClP DIVISION PHOTO DEVELOPING FOR TRAFFIC PHOTO DEVELOPING FOR P.W. 3' NYLON LEASH FOR K'9 UNIT 6' NYLON LEASH FOR K-9 UNIT 12I' TRAFFIC LEAD FOR K'9 UNIT UNDERCOVER SLEEVE FOR K-9 UNIT TAX NEIGHBORHC300 WATCH NEWSLETTER TAX TCSD INSTRUCTOR EARNINGS HP OFFICEJET FAX/COPIER/PRINT TAX HP OFFICEJET FAX/COPIER/PRINT TAX BUSINESS CARDS/H R JOB HOTLINE TAX FUEL FOR CITY VEHICLES ACCOUNT NUMBER 001-165-999-5118 001-165-999-5118 100-164-604-5118 001-165-999-5118 001-165-999-5118 100-164-604-5118 190-183-999-5370 190-182-999-5301 190-180-999-5222 190-180-999-5222 001-161-501-5222 190-180-999-5222 100-164-601-5218 193-180-999-5415 193-180-999-5415 190-180-999-5250 190-183-999-5320 100-164-601-5118 100-164-601-5118 001-165-999-5250 100-164-602-5250 100-16z,-601-5Z50 001-170-999-5327 001-170-999-5327 001-170-999-5327 001-170-999-5327 001-170-999-5327 001-170-999-5222 001-170-999-5222 190-183-999-5330 320-1970 320-1970 320-1970 320-1970 001-150-999-5222 001-150-999-5222 001-161-501-5262 ITEM AMOUNT 97.07 97.07 97.06 48.53 48.53 48.54 105.00 27.69 106.40 90.45 160.01 106.40- 3.74 230. O0 200. O0 9.36 30.00 380.64 380.64 34.34 12.82 20.24 15.00 18.00 10.00 89.95 10.31 317.00 24.57 512.00 616.00 47.74 616.00 47.74 38.25 2.96 14.04 PAGE 4 CHECK AMOUNT 436.80 105.00 278.15 3.74 430.00 9.36 30,00 761.28 67.40 143.26 341.57 512.00 1,327.48 41.21 14.04 VOUCHRE2 10/19/95 VOUCHER/ CHECK NUMBER 25988 25988 25988 25988 25988 25988 25988 13:38 CHECK DATE 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 VENDOR NUMBER 001654 001654 001654 001654 001654' 001654 001654 VENDOR NAME MONTEREY SYSTEMS~ XNC. MONTEREY SYSTEMS, IN(, MONTEREY SYSTEMS, INC. MONTEREY SYSTEMS, INC. MONTEREY SYSTEMS, INC. MONTEREY SYSTEMS, INC. MONTEREY SYSTEMS, INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MICROFILM MASTER APERTURE CARD DUPLICATE APERTURE CARD FILM PROCESSING ROLL MICROFILM MSI STAFF PICK UP DELIVERY TAX 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 25989 !0/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 25989 10/19/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001958 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 PERS LONG TERM CARE PRO PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH 25990 25991 25991 25991 25991 25991 25991 25991 25991 25991 25991 25991 25991 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 001958 PERS L-T PETTY CASH REIMBURESMENT PETTY CASH REIMBURESMENT PETTY CASH REINBURESMENT PETTY CASH REIMBURESMENT PETTY CASH REIMBURESMENT PETTY CASH REIMBURESMENT PETTY CASH RE]MBURESMENT PETTY CASH RE]MBURESMENT PETTY CASH REIMBURESNENT PETTY CASH REIMBURESNENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT ACCOUNT NUMBER 330-199-999-5277 330-199-999-5277 330-199-999-5277 330-199-999-5277 330-199-999-5277 330-199-999-5277 330-199-999-5277 001-2130 100-2130 001-2390 100-2390 165-2390 190-2390 191-2390 192-2~90 193-Z390 194-2390 280-2~90 300-2390 320-2390 330-2390 340-2390 001-2390 100-2390 165-2390 190-2390 191-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 100-2122 300-199-999-5262 300-199-999-5261 001-100-999-5260 190-183-999-5320 001-110-999-5260 190-183-999-5320 001-110-999-5260 001-150-999-5260 001-161-501-5260 001-161-501-5260 001-100-999-5260 001-150-999-5261 ITEM AMOUNT 11.40 41.04 28.50 3.50 16.00 15.00 8.08 191.62 65.18 12,955.40 2,390.40 82.54 2,972.79 111.96 105.27 373.94 75.17 226.21 105.14 282.54 109.73 343.91 56.34 9.71 .23 12.56 .47 .93 1.39 .23 .78 .46 .93 .93 2.09 51.70 34.80 15.00 20.00 15.20 24.00 14.55 25.00 24.00 25.00 .60 20.00 9.65 PAGE 5 CHECK AMOUNT 123.52 20,478.85 51.70 VOUCHRE2 13:38 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK ~UMBER 25991 25991 25991 25991 25991 25991 25991 25991 25992 25992 25992 25993 25994 25994 25994 25994 25994 ?.~995 )6 25996 25997 25998 25999 25999 25999 26000 26001 26002 26002 26003 26004 26005 26006 26006 26006 "q06 CHECK VENDOR DATE ' NUMBER 10/19/95 000249 10/19/95 000249 10/19/95 000249 10/19/95 000249 10/19/95 000249 10/19/95 000249 10/19/95 000249 10/19/95 000249 10/19/95 000580 10/19/95 000580 10/19/95 000580 10/19/95 000254 10/19/95 001938 10/19/95 001938 10/19/95 001938 10/19/95 001938 10/19/95 001938 10/19/95 000255 10/19/95 000947 10/19/95 000947 10/19/95 002073 10/19/95 001046 10/19/95 10/19/95 10/19/95 10/19/95 000266 10/19/95 000268 10/19/95 10/19/95 10/19/95 000278 10/19/95 001889 10/19/95 001888 10/19/95 000537 10/19/95 000537 10/19/95 000537 10/19/95 000537 VENDOR NAME PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PHOTO WC)RKS PHOTO 140RKS PHOTO WORKS PRESS-ENTERPRISE CONPAN PRICE, JOAN F. PRICE, JOAN F. PRICE, JOAN F. PRICE, JOAN F. PRICE, JOAN F. PRO LOCK & KEY RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RESOURCE GROUP, THE REXON, FREEDMAN, KLEPET RHODES, GEORGANNE RHOOES~ GEORGANNE RHODES, GEORGANNE RIGHTWAY RIVERSIDE CO. HABITAT ROBUCK, PHYLLIS ROBUCK, PHYLLIS SAN DIEGO UNION TRIBUNE SHAFER, ALICIA SHAFER, AMBER DAWN SOUTHERN CALIF EDISON - SOUTHERN CALIF EDISON - SOUTHERN CALIF EDISON - SOUTHERN CALZF EDISON - ITEM DESCRIPTION PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT · PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT FILM, SLIDES AND PICTURES FILM, SLIDES AND PICTURES FILM & PHOTO DEVELOPING RECRUITEMENT ADVERTISING-SEPT MINUTE CLERK/TRAFFIC COMNMTG MINUTE CLERK/CITY COUNCIL MTG MINUTE CLERK/PLANNING CONM MTG MINUTE CLERK/PLANNING CONM MTG MINUTE CLERK/OLD TC)~N CONM MTG LOCKSMITH SERVICES FOR E.O.C. PRINTING SERVICES/PLANNING PRINTING SERVXCES/PLANNING *CONDUCT A CENSUS IN OLD TOWN PROF LEGAL SERVICES-SEPT 95 REFUND-TCSD CLASS REGISTRATION REFUND-TCSD CLASS REGISTRATION REFUND-TCSD CLASS REGISTRATION PORTABLE TOILET FOR CITY YARD JULY-SEPT K-RAT FEES REFUND-TCSD CLASS REGISTRATION REFUND-TCSD CLASS REGISTRATION JOB RECRUITMENT AD TCSD INSTRUCTOR PAYMENTS TCSD INSTRUCTOR PAYMENTS 55-77-801-89206-02 ELEC SERVS 56-77-755-0157-01 ELECT SERVS 56-77-755-0169-01WNCHSTR SIGN 56-77-816-6611-02 N GN KRNY ACCOUNT NUMBER 100-164-601-5218 190-183-999-5320 001-100-999-5265 100-164-604-5220 190-180-999-522Z 100-164-604-5220 001-120-999-5220 001-161-501-5260 190-180-999-5301 190-180-999-5301 001-171-999-5250 001-150-999-5254 100-164-602-5250 001-120-999-5250 001-161-501-5250 001-161-501-5250 280-199-999-5250 100-164-601-5214 001-161-501-5222 001-161-502-5222 165-199-999-5250 001-130-999-5247 190-183-4982 190-183-4982 190-183-4982 100-164-601-5238 001-2300 190-183-4982 190-183-4982 001-150-999-5254 190-183-999-5330 190-183-999-5330 193-180-999-5240 191-180-999-5319 191-180-999-5319 191-180-999-5319 ITEM AMOUNT 4.73 4.61 50. 05 38.78 11.00 9.00 8.55 20.00 5.53 12.89 11.93 203.69 50.00 50,00 50.00 50.00 100.00 6.47 1.75 1.75 2,000.00 287.50 14.00 14.00 14.00 57.39 25,039.50 14.00 14.00 202.73 86.40 86.40 12.15 213.86 58.63 50.05 CHECK AMOUNT 374.52 30.35 203.69 300.00 6.47 3.50 2,000.00 287.50 42.00 57.39 25,039.50 28.00 202.73 86.4O 86.40 VOUCHRE2 CITY OF TEMECULA 10/19/95 13:38 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 7 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 26006 10/19/95 000537 SOUTHERN CALIF EDISON - 57-77-565-3111-02 ALTON IRR 193-180-999-5240 26006 10/19/95 000537 SOUTHERN CALIF EDISON - 57-77-565-6799-02 CALLE MEDUSA 191-180-999-5319 26006 10/19/95 000537 SOUTHERN CALIF EDISON - 59-77-416-2147-01YNEZ RD PED 191-180-999-5240 32.45 32.45 16.50 416.09 26007 10/19/95 001212 SOUTHERN CALIF GAS COMP 07-8274-036-1451-] SR CNTR 26007 10/19/95 001212 SOUTHERN CALIF GAS COMP 07-8272-901-5751-9 C.R.C. 190-181-999~5240 190-182-999-5240 24.80 830,47 855.27 26008 10/19/95 000291 SPEE DEE OIL CHANGE & T REPAIR/MAINT. VEHICLE; B&S 001-162-999-5214 20.99 20.99 26009 10/19/95 000305 TARGET STORE HALLOWEEN CARNIVAL SUPPLIES 190-18]-999-5320 150.00 150.00 26010 10/19/95 000825 TEMECULA CYCLES REPAIRS FOR POLICE MOTORCYCLES 001-170-999-5214 106.40 106.40 26011 10/19/95 001672 TEMECULA DRAIN SERVICE PLUMBING SERVICES FOR TCSD 26011 10/19/95 001672 TEMECULA DRAIN SERVICE PLUMBING SERVICES FOR TCSD 190-180-999-5212 190-180-999-5212 47.00 47.00 94.00 26012 10/19/95 TEMECULA MAYOR~S PRAYER MAYOR'S BREAKFAST NOV. 9,1995 001-110'999'5260 15.00 15.00 . 26013 10/19/95 000307 TEMECULA TROPHY CO. ENGRAVED GLASS COFFEE MUGS 001-100-999-5265 26013 10/19/95 000307 TEMECULA TROPHY CO. ETCHING ON CUPS 001-100-999-5265 26013 10/19/95 000307 TEMECULA TROPHY CO. FREIGHT 001-100-999-5265 26013 10/19/95 000307 TEMECULA TROPHY CO: TAX 001-100-999-5265 26014 10/19/95 000314 TEMECULA VALLEY MUSEUM DRAW ~5 ST. CATHERINES CHURCH 210-190-808-5804 538.78 120.00 10.50 50.59 14,049.00 719,E,7 14,04~ 26015 10/19/95 000668 TIMMY D. PRODUCTIONS HALLOWEEN:WHEEL OF FORTUNE 190-18]-999-5370 25.00 25.00 26016 10/19/95 000319 TOMARK SPORTS 26016 10/19/95 000319 TOMARK SPORTS 26016 10/19/95 000319 TOMARK SPORTS 26016 10/19/95 000319 TOMARK SPORTS 26016 10/19/95 000319 TOMARK SPORTS 26016 10/19/95 000319 TOMARK SPORTS INC. HOMEPLATE 190-180-999-5301 INC. ANCHOR GROUND STAKES 190-180-999-5301 INC. FOUR-WAY PITCHERS PLATE 190-180-999-5301 INC. ONE PIECE BASES 190-180-999-5301 INC. FREIGHT 190-180-999-5301 INC. TAX 190-180-999-5301 136.00 72.00 152.00 390.00 32.00 58.13 840.13 26017 10/19/95 000420 TRAMS-PACIFIC CONSULTAN SEPT ENG SERVS-WEST BY-PASS 26017 10/19/95 000420 TRAMS-PACIFIC CONSULTAN SEPT ENG SERVS-WEST BY-PASS 210-165-612-5802 210-165-612-5802 · 45,289.78 9,297.50- 35,992.28 26018 10/19/95 001921 TRANSAHERZCA INFORMAT]O INFORMATION MGMT SERVICES 320-199-999-5211 397.50 397.50 26019 10/19/95 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 001-2080 2,185.86 26019 10/19/95 001065 U S C N/PEBSCO (DEF. C 001065 DEF COMP 100-2080 110.22 26019 10/19/95 001065 U S C N/PEBSCO (DEF. C 001065 DEF COMP 190-2080 367.85 26019 10/19/95 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 194-2080 5.00 26019 10/19/95 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 280-2080 44.70 26019 10/19/95 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 300-2080 5.00 26019 10/19/95 001065 U S C M/PEBSCO (DEF. C 001065 DEF CONP 320-2080 312.50 26019 10/19/95 001065 U S C M/PEBSCO (DEF. C 001065 DEF COMP 340-2080 87.50 3,118.63 26020 10/19/95 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 001-2160 26020 10/19/95 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 190-2160 26020 10/19/95 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 193-2160 477.98 391.34 47.88 VOUCHRE2 PAGE 8 10/-.~-Q/95 13:38 VOUCHER/ CHECK NUMBER 26020 26021 26021 26021 26021 26021 26022 26022 26022 26022 26022 26023 26024 26025 26026 2_(L026 ! 26027 CHECK DATE 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 10/19/95 VENDOR NUMBER 000389 '000325 000325 000325 000325 000325 000326 000326 000326 000326 000326 001209 001437 000466 000345 000345 VENDOR NAME U S C M/PEBSCO (OBRA) CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 000389 PT RETZR UNITED WAY OF THE INLAN 000325 UW UNITED WAY OF THE INLAN 000325 UW UNITED WAY OF THE ]NLAN 000325 UW UNITED WAY OF THE INLAN 000325 UW UNITED WAY OF THE ]NLAN 000325 UW UNITOG RENTAL SERVICE, UN]TOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, VAULT INC., THE VIRACK, MARYANN WHITEHEAD, RHONDA WINDSONG HARMONY CHORUS WINDSONG HARMONY CHORUS XEROX CORPORATION BILLI XEROX CORPORATION BILLI UNIFORM NAINT FOR PUBLIC t,K)RKS UNIFORM NAINT. FOR TCSD FLOOR MAT RENTAL 8 CITY HALL FLOOR MAT RENTAL @ C.R.C. FLOOR MAT RENTAL 8 SR CENTER OFF-SITE STORAGE FOR VAULT TCSD INSTRUCTOR EARNINGS TCSD iNSTRUCTOR EARNINGS REFUND CANCELLED RENTAL REFUND CANCELLED RENTAL METER USAGE PER COPY/SEPT TAX ACCOUNT NUMBER 280-2160 001-2120 100-2120 165-2120 190-2120 280-2120 100-164-601-5243 190-180-999-5243 340-199-999-5250 190-182-999-5250 190-181-999-5250 330-199-999-5277 190-18~-999-5330 190-18~-999-5330 190-2900 190-18~-4990 330-199-999-5239 330-199-999-5239 ITEM AMC)UNT 20.02 55.50 6.80 .75 17.00 1.95 24.00 21.35 35.50 38.40 25.62 224.74 144,00 160.00 100.00 264.00 1,116.63 86.54 CHECK AMOUNT 937.22 82.00 144.87 224.74 144.00 160.00 364.00 1,203.17 TOTAL CHECKS 157,385.34 VJ[~HRE2 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP INSURANCE FUND 320 INFORMATION SYSTEMS 340 FACILITIES TOTAL AMOUNT 21,743.96 1,205.68 10,007.74 252.23 7,202.21 33,709.51 5,788.65 281.25 2,405.05 223.33 82,819.61 VOUCHRE2 10/26/95 VOUCHER/ CHECK NUMBER 26028 26028 26029 26029 26030 26031 26032 26033 26034 26039 26040 26041 26041 26041 26042 26043 26044 26045 26045 26046 26047 26048 26048 26049 26050 26051 26052 26052 26052 26053 14:46 CHECK DATE 10/23/95 10/23/95 10/23/95 10/23/95 10/24/95 10/23/95 10/23/95 10/23/95 10/24/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 VENDOR NUMBER 000854 000854 002102 002102 000488 000144 002101 002060 002099 000724 000622 001080 001080 001080 002094 001414 000127 000127 002103 000131 000135 000135 001195 001410 001014 001535 001535 001535 000155 VENDOR NAME URBAN LAND INSTITUTE URBAN LAND INSTITUTE BEVERLY HILTON HOTEL BEVERLY HILTON HOTEL KNOTT'S BERRY FARM COSTCO WHOLESALE CORPOR MY BUDDIES PIZZA EUROPEAN DELI& CATERIN BUTTERFIELD ENTERPRISES A & R CUSTOM SCREEN PR! BANTA ELECTRIC-REFRIGER BILLIARDS & BARSTOOLS BILLIARDS & BARSTOOLS BILLIARDS & BARSTOOLS BLADE-CITIZEN BONVILLAIN, ANJANETTE BRADLEY~ RONALD E. CALIFORNIAN, INC. -LEGA CALIFORNIAN, INC. -LEGA CAPIO CARL WARREN & CO., INC, CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL SECURITY SERVIC CITIZEN~S SCHOLARSHIP COUNTRY SIGNS & DESIGNS CREEKSIDE TEXACO, INC, CREEKSIDE TEXACO, INC. CREEKSIDE TEXACO, INC. DAVLIN CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ULI SEMINAR:THORNHILL:FORD ULI SEMINAR:THORNHILL:FORD HOTEL:ULI SEMNR/THORNHILL/FORD HOTEL:ULI SEMNR/THORNHILL/FORD TICKETS;KNOTT'S SCARY FARM TEAM BUILDING LUNCH-TCSD STAFF TEAM BLDG LUNCH FOR TCSD STAFF TEAM BUILDING LUNCH-TCSD STAFF ADVANCE/ADA RESTROOM UPGRADE SPORTS PROGRAMS AWARDS ELECT. SERVS i CRC TEEM ROOM REFELT TWO POOL TABLES LABOR TAX PUBLIC HEARING NOTICE:CAL AD REFUND: ACTIVITY CANCELLATION 'REIMB:[CMA CONF:9/15'20:BRADLE ADS FOR CALIFORNIAN/AUG ADS FOR CALIFORNIAN/SEPT CAPIO MENBERSH]P/YATES NILTON-8/Z4/95 TENNIS COURT-REGULATION SIGNS TAX SR CENTER ALARM MONITORING SER CSF SCHOLARSHIP FUNDS ~96 GRAD SiGN REPAIR - RIVERTON PARK MA[NT & SMOG CHECK-B&S VEHICLE VEHICLE MAINT & REPAIRS: P,W. VEHICLE MAINT & REPAIR: CIP RECORDINGS OF PC MEETINGS ACCOUNT NUMBER 001-161-501-5258 001-161-501-5272 001-161-501-5258 001-161-501-5272 190-183-999-5370 190-180-999-5261 190-180-999-5261 190-180-999-5261 280-199-999-5212 190-183o999-5380 190-182-999-5250 190-182-999-5301 190-182-999-5301 190-182-999-5301 001-161-501-5256 190-183-4982 001-110-999-5258 001-120-999-5256 001-120-999-5256 001-110-999-5226 300-199-999-5205 190-180-999-5244 190-180-999-5244 190-181-999-5250 001-100-999-5267 190-180-999-5244 001-162-999-5214 100-164-601-5214 001-165-999-5214 001-161-501-5250 ITEM AMOUNT 475.00 475.00 356.05 358.19 1,325.00 100.00 77.15 65.23 5,000.00 328.25 354.58 260.00 200.00 18.20 25.62 40.00 54.13 196.70 238.51 125.00 281.25 300.12 23.26 71.10 '4,000.00 75.00 70.12 368.68 150.00 PAGE 1 CHECK AMOUNT 950.00 714.24 1,325.00 100.00 77.15 65.23 5,000.00 328.25 354.58 47 25.62 40.00 54.13 435.21 125.00 281.25 323.38 71.10 4,000.00 75.00 512.75 VOUCHRE2 !.o-,~6/95 VOUCHER/ CHECK NUMBER 26054 26055 26055 26056 26056 26056 26056 26056 26056 26056 26057 26057 26057 26057 26057 26057 26058 i9 j9 26059 26059 26059 26060 26060 26060 26060 26060 26061 26062 26063 26064 26065 26066 26067 26068 14:46 CHECK DATE 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 VENDOR NUMBER 001380 001380 000165 000165 000165 000165 000165 000165 000165 001002 001002 001002 001002 001002 001002 000993 000184 000184 000184 000184 000184 000177 000177 000177 000177 000177 001407 000202 002087 001154 VENDOR NAME DOWNS, LISA E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERV]C FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. - FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC, FEDERAL EXPRESS, INC. FEDERAL EXPRESS, ZNC. FEDERAL EXPRESS, INC. FIRST INTERSTATE BANK C FIRST INTERSTATE BANK C FIRST INTERSTATE BANK C FIRST iNTERSTATE BANK C FIRST INTERSTATE BANK C FIRST INTERSTATE BANK C FREEDOM COFFEE, INC. G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GUYER, SUSI HAYNES, PATRICE HEATHCOAT, GINA INTER VALLEY POOL SUPPL IVERSON, LISA J F DAVIDSON ASSOCIATES JOHNSTON, JIM K-MART KATZ, HOLLIS CiTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND-SWiMMING REGZSTRATION TEMP HELP WK 09/2-15 COLE TEMP HELP WK 9/16-29 COLE EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES 5473 6664 0391 0040 PB 5473 6664 0391 0172 RB 5473 6664 0391 0172 RB 5473-66(>4-0391-0123-GT 5473 6664 0391 0131AE 5473 6664 0391 0131AE BEVERAGE SERVICE - CITY HALL 909-181-1123/GENERAL USAGE 909-694-1993/GENERAL USAGE 909-694-4353/PALA PARK 909-694-4354/PALA PARK 909-695-3564/ALARM SYSTEM 'OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES REFUND:ACTIVITY CANCELLATION REFUND-SWIMMING REGISTRATION REFUND-SWIMMING REGISTRATION CRC POOL CHEMICALS/OCT 95 REFUND:ACTIVITY CANCELLATION JULY 95 PROF SERVS:YNEZ RD COR REFUND-SWIMMING REGISTRATION HALLOWEEN SUPPLIES/DECORATIONS REDEV CONF/MCLARNEY NOV 2 ACCOUNT NUMBER 190-183-4975 001-162-999-5250 001-162-999-5250 001-162-999-5230 210-199-650-5804 001-140-999-5230 001-110-999-5230 001-110-999-5230 001-120-999-5230 001-162-999-5230 001-100-999-5258 001-110-999-5Z58 001-110-999-5260 001-161-502-5258 001-162-999-5260 001-1170 340-199-999-5250 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 190-180-999-5220 190-180-999-5220 001-140-999-5220 190-182-999-5220 190-182-999-5220 190-183-4980 190-183-4975 190-183-4975 190-182-999-5212 190-183-4980 001-1280 190-183-4975 190-183-999-5370 001-110-999-5258 ITEM AMOUNT 25.00 832.00 832.00 39.95 15.50 19.25 13.50 9.50 25.84 39.44 100.00 1,123.60 34.94 46.64 326.46 202.17 137.14 543.32 1,086.37 28.84 28.88 51.86 138.05 23.95 18.03 27.63 18.40 22.00 25.00 25.00 125.64 22.00 903.44 50.00 127.59 125.00 PAGE 2 CHECK AMOUNT 25.00 1,664.00 160.98 1,833.81 137.14 1,739.27 226.06 22.00 25.00 25.00 125.64 22.00 903.44 50.00 127.59 125.00 VOUCHRE2 10/26/95 14:46 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERICDS PAGE 3 VOUCHER/ CHECK CHECK NUMBER DATE 26070 10/26/95 26070 10/26/95 26070 10/26/95 26071 10/26/95 26072 10/26/95 26072 10/26/95 2607'3 10/26/95 26073 10/26/95 26074 10/26/95 26076 10/26/95 26077 10/26/95 26078 10/26/95 26079 10/26/95 26080 10/26/95 26081 10/26/95 26082 10/26/95 26083 10/26/95 26084 10/26/95 26084 10/26/95 26084 10/26/95 26084 10/26/95 26084 10/26/95 26084 10/26/95 26085 10/25/95 26086 10/26/95 26087 10/26/95 26088 10/26/95 26088 10/26/95 26088 10/26/95 26088 10/26/95 26089 10/26/95 VENDOR VENOOR NUMBER NAME 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE 001036 KEMPER REAL ESTATE MANA 000206 KINKO'S OF RIVERSIDE, I 000206 KINKO'S OF RIVERSIDE, I 000209 L & M FERTILIZER, INC. 000209 L & M FERTILIZER, INC. 000945 L P S COMPUTER SERVICE 001891 LZNFIELD SCHOOL 001653 MAILER'S SOFTWARE 001967 MANPOWER TEMPORARY SERV MARSHALL, KAREN 001207 MARTIN J. JASKA, INC. 001657 MULTI-PURE CORPORATION NIEDERECKER, ELISA 002100 OBJECT RADIANCE 000239 OLSTEN STAFFING SERVICE 000239 OLSTEN STAFFING SERVICE 000239 OLSTEN STAFFING SERVICE 000239 OLSTEN STAFFING SERVICE 000239 OLSTEN STAFFING SERVICE 000239 OLSTEN STAFFING SERVICE 001171 ORIENTAL TRADING CO., I PARK]NSON, JULIE 000580 PHOTO WORKS 000254 PRESS-ENTERPRISE COMPAN 000254 PRESS-ENTERPRISE COMPAN 000254 PRESS-ENTERPRISE COMPAN 000254 PRESS-ENTERPRISE COMPAN 001938 PRICE, JOAN F. ITEM DESCRIPTION TEMP HELP W/E 10/15 EVANS TEMP HELP W/E 10/15 EVANS TEMP HELP W/E 10/15 EVANS REIMB % UTILITIES ~ DUCK POND KINKO'S PRINTING CHARGES TAX MISC. MAINTENANCE SUPPLIES MISC. MAINTENANCE SUPPLIES 8 TONER CARTRIDGES W/EXCHANGE INTERIM FIRE STATION-RENT-NOV ACCU MAIL SOFTWARE TEMP HELP W/E 10/15 LIPOSCHAK REFUND-TCSD CLASS REGISTRATION STOP NOTICE RELEASE OF FUNDS FILTER FOR KITCHEN FAUCET/CITY REFUND:ACTIVITY CANCELLATION TCSD INSTRUCTOR EARNINGS TEMP HELP W/E 9/24 GRAGE TEMP HELP W/E 9/24 GRAGE TEMP HELP W/E 9/24 GRAGE TEMP HELP W/E 10/01GRAGE TEMP HELP W/E 10/01GRAGE TEMP HELP ~/E 10/01GRAGE SUPPLIES - HALLOWEEN EVENTS REFUND-SWIMMING REGISTRATION FILM, SLIDES AND PICTURES PUBLIC/TRAFFIC COMMISSION AD PUBLIC/TRAFFIC COMMISSION AD DISPLAY ADS/CAPITAL PROJECTS DISPLAY AD RDA COMMITTEE MINUTE CLERK FOR PC/SEPT 95 ACCOUNT NUMBER 001-165-999-5118 001-165-999-5118 100-164-604-5118 190-180-999-5240 280-199-999-5220 280-199-999-5Z20 100-164-601-5218 100-164-601-5Z18 320-199-999-5221 001-171-999-5470 320-199-999-5211 100-164-601-5118 190-183-4975 210-2038 340-199-999-5212 190-183-4982 190-183-999-5330 001-161-501-5118 001-161-502-5118 001-162-999-5118 001-162-999-5118 001-161-501-5118 001-161-502-5118 190-183-999-5370 190-183-4975 190-180-999-5301 001-120-999-5254 001-120-999-5254 001-165-999-5256 001-120-999-5254 001-161-501-5250 ITEM AMOUNT 72.80 72.80 72.80 970.19 407.10 31.55 107.46 41.95 376.64 600.00 221.43 634.40 25.00 32,178.01 43.09 45.00 369.60 75.60 75.60 255.15 194.40 113.40 113.40 505.94 25.00 14.45 33.60 42.00 74.00 126.00 50.0O CHECK AMOUNT 218.40 970.19 438.65 149.~1 376.64 600.00 221.43 - 634.40 25.00 32,17 43.09 45.00 369.60 827.55 505.94 25.00 14.45 275.60 VOUCHRE2 1~6/95 VOUCHER/ CHECK NUMBER 26089 26089 26090 26091 26091 26091 26092 26092 26092 26093 26094 26094 26094 26094 26095 ~6095 96 Z6096 26097 26097 26097 26097 26097 26097 26097 26097 26097 26097 26097 26097 26097 26097 26097 26097 26097 26097 26097 26098 26099 -'~00 14:46 CHECK DATE 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 VENDOR NUMBER 001938 001938 000546 000947 000947 000947 000262 000262 000262 000426 000266 000266 000266 000266 000271 000271 000537 000537 0O0375 O00375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 001687 VENDOR NAME PRICEt JOAN F. PRICE, JOAN F. RADIO SHACK RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO INDUSTRIAL SUPPL RIGHTWAY RIGHTWAY RIGHTWAY RIGHTWAY ROBERT BEIN, ~ FROST & ROBERT BEIN, WH FROST & SOUTHERN CAL[F EDISON - SOUTHERN CAL[F EDISON - 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 TELEPHQN SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CAL1F TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON STEINBACH0 JANIE TANGAS, MICHAEL TEMECULA VALLEY PONY/CO CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MINUTE CLERK FOR PC/SEPT 95 MINUTE CLERK/PUBLIC TRAFFIC MISC COMPUTER SUPPLIES BLUEPRINTS REPOGRAPHICS BLUEPRINTS REPOGRAPHICS BLUEPRINT REPRODUCTION WATER SERVS WATER SERVS WATER SERVS INDUSTRIAL SUPPLIES-CITY HALL PORTABLE TOILET t VETERAN PRK PORTABLE TOILET RENTAL/PARKS PORTABLE TOILET RENTAL/PARKS PORTABLE TO]LET RENTAL/PARKS PROF PLAN CHECK SERVS/AUG 95 ROLLOVER P.O. INVOICE PAID 57-77-780-9950-01NI~OLAS 60-77-411-0600-03 RANCHO VS SP 909 202-4769 JS 909 202-4204 KL 909 202-4763 PB 909 202-4762 RP 909 202-4758 RR 909 202-4770 RB 909-202-4757-JG 909-202-5153/GY 909 202-4767 GT 909 202-4767 GT 909 202-4759 AE 909 202-4765 BB 909 202-4764 BB-PW BLAZER 909 202-4760 JH 909 206-0992 BH 909 202-9876 HP 909 202-4752 SN 909 202-4755 CITY VAN 909-202-4756-E0C REFUND-SWIMMING REGISTRATION REFUND-TCSD REGISTRATION CSF FUNDING/TEN PONY BASEBALL ACCOUNT NUMBER 001-161-501-5250 100-164-602-5250 320-199-999-5221 001-1280 001-1280 001-163-999-5268 190-180-999-5240 191-180-999-5240 193-180-999-5240 340-199-999-5212 190-180-999-5238 190-180-999-5238 190-180-999-5238 190-180-999-5238 210-165-637-5802 210-165-637-5802 191-180-999-5319 191-180-999-5240 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-110-999-5208 001-120-999-5208 001-150-999-5208 001-161-501-5208 001-161-502-5208 001-162-999-5208 100-164-601-5208 100-164-601-5208 100-164-603-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 320-199-999-5208 190-183-4975 190-183-4975 001-100-999-5267 ITEM AMOUNT 50.00 50.00 29.59 24.89 27.58 22.97 2,862.90 102.96 7,202.21 43.10 6Z.89 125.78 62.89 251.55 4,931.00 3,413.00- 132.77 16.50 46.80 47.82 54.79 136.60 64.40 44.88 41,34 95.36 34.40 34.39 3.82- 43,75 88.67 72.53 70.33 56.85 62.42 42.91 38.12 25.00 50.00 3,000.00 PAGE 4 CHECK AMOUNT 150.00 29.59 75.44 10,168.07 43.10 503.11 1,518.00 149.27 1,072.54 25.00 50.00 3,000.00 VOUCHRE2 PAGE 5 10/26/95 14:46 ~ VOUCHER/ CHECK NUMBER 26101 26102 26103 26103 26104 26105 CHECK DATE 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 VENDOR VENDOR NUMBER NAME 002104 TEMEKU GOLF COURSE 000320 TO~NE CENTER STATIONERS 000326 UNITOG RENTAL SERVICE, 000326 UNITOG RENTAL SERVICE, 001342 ~AXIE SANITARY SUPPLY, 002092 ~INTER GRAPHICS SOUTH CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 5TH ANNUAL CITY GOLF TOURNAMNT MISC OFFICE SUPPLIES UNIFORMS MA[NT FOR PUBLIC WORK UNIFORM MA[NT. FOR TCSD BUILDING MAINTENANCE SUPPLIES FACADE IHPROVEMENTS/OLD TO~N TOTAL CHECKS ACCOUNT NUMBER 001-2172 001-163-999-5220 100-164-601-5243 190-180-999-5243 190-182-999-5212 280-199-813-5804 ITEM AMOUNT 4,487.29 46.93 24.00 21.35 489.54 350.00 CHECK AMOUNT 4,487.29 46.93 45.35 489.54 350.00 82,819.61 VOUCHRE2 PAGE 13 1lJ-02/95 13:10 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS 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 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL AMOUNT 76,466.42 21,204.36 346.42 33,647.14 4,171.33 507.43 2,131.92 301.51 173,787.02 2,165.82 1,034.61 2,797.50 4,341.78 17,031.26 339,934.52 VOUCHRE2 PAGE 1 11/02/95 13:10 -~ VOUCHER/ CHECK NUMBER 25569 26106 26107 26107 26107 26107 26107 26107 26107 26107 26107 518503 518503 518503 518503 518503 518503 518503 518503 518503 518503 518503 518503 518503 518503 518503 518503 518503 518503 555306 555306 555306 555306 555306 555306 566524 566524 566524 566524 566524 566524 566524 566524 566524 566524 566524 CHECK DATE 09/22/95 10/27/95 11/01/95 11/01/95 11/01/95 11/01/95 11/01/95 11/01/95 11/01/95 11/01/95 11/01/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 10/26/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 VENDOR NUMBER 000740 001542 001981 001981 001981 001981 001981 001981 001981 001981 001981 000444 000444 000444 000444 000444 000444 000444 000444 0004/+/+ 000444 000444 000444 000444 000444 000444 000444 000444 000444 001300 001300 001300 001300 001300 001300 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 VENDOR NAME PICCA DELl DEFABIIS, SEAM-PAUL MIC LINDA GOLDZIMER CONSULT LINDA GOLDZIMER CONSULT LINDA GOLDZIMER CONSULT LINDA GOLDZIMER CONSULT LINDA GOLDZIMER CONSULT LINDA GOLDZIMER CONSULT LINDA GOLDZIMER CONSULT LINDA GOLDZIMER CONSULT LINDA GOLDZIMER CONSULT FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (QTR ADJUSTMENT FIRSTAX (QTR ADJUSTMENT FIRSTAX (QTR ADJUSTMENT FIRSTAX (QTR ADJUSTMENT FIRSTAX (QTR ADJUSTMENT FIRSTAX (QTR ADJUSTMENT FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (]RS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION OLD TOWN MTG/LUNCH REISSUE CK-TCSD INSTRUCTOR CITYWIDE CUSTOMER SERVICE CITYWIDE CUSTOMER SERVICE CITYWIDE CUSTOMER SERVICE CITYWIDE CUSTOMER SERVICE CITYWIDE CUSTOMER SERVICE CITYWIDE CUSTOMER SERVICE CITYWIDE CUSTOMER SERVICE CITYWIDE CUSTOMER SERVICE CITYWIDE CUSTOMER SERVICE 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 3RD QTR UNEMPLOYMNT & TRAIN 3RD QTR UNEMPLOYMNT & TRAIN 3RD QTR UNEMPLOYMNT & TRAIN 3RD QTR UNEMPLOYMNT & TRAIN 3RD QTR UNEMPLOYMNT & TRAIN 3RD QTR UNEMPLOYMNT & TRAIN 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL ACCOUNT NUMBER 001-110-999-5260 190-183-999-5330 001-161-501-5261 001-110-999-5261 001-110-999-5261 001-162-999-5261 100-164-603-5261 190-180-999-5261 001-170-999-5261 001-161-502-5261 100-164-603-5248 001-2070 100-2070 190-2070 193-2070 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 001-2350 100-2350 190-2350 193-2350 280-2350 300-2350 001-2070 100-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 ITEM AMOUNT 141.07 400.00 535.71 1,071.43 1,071,43 1,071.43 1,000.00 1,071.43 1,071.43 535.72 71.42 65.64 4.14 54.71 6.38 2.67 3,350.66 602.42 9.28 670.95 18.90 9.57 101.29 16.56 31.62 41.47 93.45 22.96 16.92 1,071.69 89.90 2,907.68 20.21 51.97 9.61 12,515.00 2,425.94 30.31 2,869.22 95.57 75.57 420.37 76.17 171.57 134.80 371.27 CHECK AMOUNT 141.07 400.00 7,500.00 5,119.59 4,151.06 VOUCHRE2 1 ~--""'~/95 13:10 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK NUMBER 566524 566524 566524 566524 566524 566524 566524 566524 566524 566524 566524 566524 566524 566524 566524 26110 26110 26110 26110 26110 2,~110 '0 .0 26110 26110 26110 26111 26111 26111 26111 26111 26111 26111 26112 26113 26114 26115 26115 26116 26116 26117 CHECK DATE 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11i02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 VENDOR NUMBER 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000680 000680 000680 000680 000680 000680 000680 000680 000680 000680 000680 000116 000116 000116 000116 000116 000116 000116 000110 001910 000474 001323 001323 001943 001943 VENDOR NAME FIRSTAX (IRS) FIRSTAX CIRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX CIRS) FIRSTAX CIRS) FIRSTAX CIRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) AMS-TMS AMS-TMS AMS-TMS AMS-TMS AMS-TMS AMS-TMS AMS-TMS AMS-TMS AMS-TMS AMS-TMS AMS-TMS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS A V P VISION PLANS AMERICAN BUSINESS SYSTE AMER]TECH COMMUNICATION ARBOR-PRO TREE SERVICE ARROWHEAD WATER, INC. ARROWHEAD WATER, INC. B R W, INC. B R W, INC. BOGNACKI, CHRISTINE ITEM DESCRIPTION 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 00028,:3 MEDICARE · 000283 MEDICARE 000283 MEDtCARE 000283 MEDICARE 000283 MEDICARE 000283 NEDICARE 000283 NED/CARE 000283 NEDICARE 000283 MEDICARE 000283 MEDICARE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP POSTAGE MACHINE SERVICE MONTHLY COPIER SERVICE-OCT REMOVAL OF SPLIT TREE WATER SERVICE -CITY HALL-OCT BOTTLED WATER FOR CITY YARD CONTRACT AMEND/MARG/REDHWK/79 PROF SRVCS/MARG/REDHWK SIGNAL REFUND-TCSD CLASS REGISTRATION ACCOUNT NUMBER 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 001-100-999-5230 001-110-999-5230 001-120-999-5230 001-162-999-5230 190-180-999-5230 001-140-9~9-5230 001-150-999-5230 001-161-502-5230 001-161-501-5230 100-164-604-5230 320-199-999-5230 001-2310 100-2310 165-2310 190-2310 280-2310 300-2310 340-2310 330-199-999-5217 330-199-999-5217 100-164-601-5402 340-199-9¢~-5240 100-164-601-5240 210-165-645-5802 210-165-645-5804 190-183-4982 ITEM AMOUNT 115.94 140.44 2,921.11 502.81 14.62 773.48 22.06 24.64 87.06 14.56 51.75 23.41 60.72 25.32 70.82 2.29 42.62 131.79 101.69 166.14 274.40 268.52 118.48 118.49 199.84 1.19 491.41 91.18 4.18 62.65 5.14 2.44 16.70 450.00 217.18 250.00 136.62 5.5O 980.00 320.41 42.00 CHECK AMOUNT 24,034.53 1,425.45 673.70 450.00 217.18 250.00 142.12 1,300.41 42.00 .... 18 11/02/95 001087 BRIAN COX MECHANICAL A/C REPAIR FOR FINANCE DEPT, 340-199-999-5212 25.00 VOUCHRE2 11/02/95 13:10 CiTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 3 VOUCHER/ CHECK NUMBER 26118 26118 26119 26120 26120 26120 26120 26120 26120 26120 26121 26122 26122 26122 26123 26124 26124 26125 26125 CHECK DATE 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 VENDOR NUMBER 001087 001087 000127 000127 000127 000127 000127 000127 000127 000950 000131 000131 000131 002096 002096 000138 000138 VENDOR NAME BRIAR COX MECHANICAL BRIAR COX MECHANICAL CALIFORNIA SEXUAL ASSAU CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN CALIFORNIAN INC. -LEGA INC. -LEGA INC. -LEGA INC. -LEGA INC. -LEGA INC, -LEGA INC. -LEGA CALIFORNIAN, INC.- D1SP CARL WARREN & CO., INC. CARL WARREN & CO., INC. CARL WARREN & CO., INC. CARY, LINDA CHIC "N" STATION CHIC "N" STATION CITICORP NORTH AMERICA CITICORP NORTH AMERICA ITEM DESCRIPTION LABOR LABOR SURE TECHNIQUES CONF:COOK:11/7 PUBLIC NOTICES PUBLIC NOTICES PUBLIC NOTICES PUBLIC NOTICES ADS FOR CALIFORNIAN PUBLIC NOTICES ADS FOR CALIFORNIAN RECRUITMENT ADVERTISING SAVINOVICH JOSE 12/20/94 FEREBEE WILLIAM 02/07/95 AUGUSTINE MICHAEL~ 8/24/95 REFUND-TCSD CLASS REGISTRATION LUNCH FOR EMPLOYEE GOLF TOURN. TAX LEASE PMT FOR TELEPHONE SYSTEM LEASE PNT FOR TELEPHONE SYSTEM 26126 11/02/95 000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S 26126 11/02/95 000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S 26126 11/02/95 000140 COLONIAL LIFE & ACCIDEN 000140 800 A&S 26126 11/02/95 000140 COLONIAL LIFE & ACCIDEN 000140 800 A&S 26126 11/02/95 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 26126 11/02/95 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 26126 11/02/95 000140 COLONIAL LIFE & ACClDEN 000140 CANCER 26126 11/02/95 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 26126 11/02/95 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 000447. 000447 000447 000447 000447 000447 CONTRONIX OF HEMET CONTRONIX OF HEMET CONTRONIX OF HEMET CONTRONIX OF HEMET CONTRONIX OF HEMET CQNTRONIX OF HEMET CREEKSIDE TEXACO, INC. CREEKSIDE TEXACO, INC. CREEKSIDE TEXACO, INC. DA FAMILY SUPPORT DATA TICKET, INC. 001535 001535 001535 002106 11/02/95 001393 26127 26127 26127 26127 26127 26127 26128 26128 26128 26129 26130 11/02/95 MOBILE RADIO-PW MAINT DIVISION MOBILE RADIO ANTENNA KiT EXTERNAL SPEAKER LABOR TO INSTALL iN VEHICLE TAX VEHICLE MAINT/REPAIR CiTY VEHICLE REPAIRS & MAINT VEHICLE NAINT. & REPAIR 002106 SUPPORT PARKING CITATIONS BILLING AUG ACCOUNT NUMBER 340-199-999-5212 340-199-999-5212 001-170-999-5261 001-161-501-5256 001-161-501-5256 001-161-501-5256 001-161-501-5256 001-120-999-5256 001-161-501-5256 001-120-999-5256 001-150-999-5254 300-199-999-5205 300-199-999-5205 300-199-999-5205 190-183-4982 001-2172 001-2172 320-199-999-5391 320-2800 001-2330 190-2330 001-2330 190-2330 001-2330 100-2330 165-2330 190-2330 280-2330 100-164-601-5610 190-180-999-5242 190-180-999-5242 190-180-999-5242 190-180-999-5242 190-180-999-5242 001-162-999-5214 100-164-601-5214 001-163-999-5214 190-2140 001-140-999-5250 ITEM AMOUNT 220.00 165.00- 35.00 27.63 29.82 29.82 29.43 276.45 66.59 650.09 24.40 278.75 128.63 184.38 42.00 690.00 53.48 89.19 1,338.38 39.75 39.75 18.75 162.00 162.87 49.16 6.47 89.64 6.47 1,239.94 882.00 57.05 65.00 150.00 77.81 138.05 183.65 15.95 82.50 71.75 CHECK AMOUNT 80,00 35.00 1,109.83 24.40 591.76 42.00 1,427.57 574,86 2,471.80 337.65 82.50 VOUCHRE2 PAGE 4 1~-~?/95 13:10 VOUCHER/ CHECK NUMBER 26130 26131 26131 26131 26131 26131 26132 26133 26133 26133 26134 26134 26134 26134 26135 2_~136 ~6 ~6 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 26136 CHECK DATE 11/02/95 11/02/95' 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 VENDOR NUMBER 001393 000156 000156 000156 000156 000156 001714 001669 001669 001669 001945 001945 001945 001945 000478 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 002002 VENDOR NAME DATA TICKET, INC. DENTICARE OF CALIFORNIA DENTICARE OF CALIFORNIA DENTICARE OF CALIFORNIA DENTICARE OF CALIFORNIA DENTZCARE OF CALIFORNIA DREAM ENGINEERING, INC. DUNN EDWARDS CORPORATIO DUNN EDWARDS CORPORATIO DUNN EDWARDS CORPORATIO E. A. MENDOZA CONTRACTI E. A. MENDOZA CONTRACTI E. A. MENDOZA CORTRACTI E. A. MENDOZA CONTRACTI FAST SIGNS FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO 'FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PARKING CITATIONS BILLING AUG 000156 DEN-AH1N 000156 DENT-ADV 000156 DENT[CAR 000156 DENT-REV 000156 DENTICAR DESIGN ATHLETIC FIELD LIGHTS RECYCLED. GRAFFITI PAINT RECYCLED GRAFF]TI PAINT RECYCLED GRAFFITI PAINT SEPT PRGSS PMT-RANCHO CA SPT P SEPT PRGSS PMT-RANCHO CA SPT SEPT PRGSS PMT-RANCHO CA SPT RETENTION ~/H ]NV 284-03 FABRICATE SIGNS FOR THE CRC 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LIFE INS 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 STD 002002 STD 002002 STD 002002 STD ACCOUNT NUMBER 001-170-999-5250 001-2340 001-1180 001-2340 001-1180 001-2340 210-190-141-5802 100-164-601-5218 100-16~-601-5218 100-16~-601-5218 210-190-137-5804 210-190-137-5804 210-190-137-5804 210-2035 190-182-999-5250 001-2360 100-2360 165-2360 190-2360 191-2360 192-2360 193-2360 194-2360 280-2360 300-2360 320-2360 330-2360 ~40-2360 001-2380 100-2380 165-2380 190-2380 191-2380 192-2380 193-2380 194-2380 280-2380 300-2380 320-2380 330-2380 340-Z380 001-2500 100-2500 165-2500 190-2500 ITEM AMOUNT 71.75 15.00 8.39 8.39 8.39- 8.39 227.00 127.68 99.99 174.50 505,300.00 133,500.00' 181,000.00- 19,080.00' 393.52 492.61 97.30 2.13 114.76 4.25 8.50 12.75 2.12 7.22 4.24 8.50 8.50 19.12 854.41 170.33 5.28 189.00 5.85 6.89 20.31 4.76 14.27 7.08 18.52 6.89 22.83 887.60 179.95 5.59 198.80 CHECK AMOUNT 143.50 31.78 227.00 402.17 171,720.00 393.52 VOUCHRE2 PAGE 5 11/02/95 13:10 ~ VOUCHER/ CHECK NUMBER 26136 26136 26136 26136 26136 26136 26136 26136 26136 26138 26138 26138 26138 26138 26139 26140 26140 26140 26140 26141 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 26142 CHECK DATE 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 .11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 1t/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 VENDOR NUMBER 002002 002002 002002 002002 002002 002002 002002 002002 002002 000170 000170 000170 000170 000170 000993 000184 000184 00018~ 000184 000481 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000t77 000177 000177 000177 000177 000177 VENDOR NAME FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FORTIS BENEFITS INS. CO FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY, FRANKLIN QUEST COMPANY, FREEDOM COFFEE, INC. G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYH GEOTECHNICAL & ENVIRONM GLENNIES OFFICE PRODUCT- GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD SUPPLIES FOR CITY CLERK DEPT DAYTIMER REFILLS FOR 1996 DAYTIMER REFILLS FOR 1996 FREIGHT TAX BEVERAGE SERVICE - CITY HALL 909 693-0956 GEM USAGE 909 694-4356 KENT HINTERGARDT 909 699-2475/CITY' YARD 909 699-7945 CRC FIRE ALARM PROF SERVCS MATERIAL TEST-CRC CREDIT: OFFICE SUPPLIES CREDIT: OFFICE SUPPLIES CREDIT: OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPL%ES OFFICE SUPPLIES OFFICE SUPPLIES RETURNED ORDER - REC'D TWICE OFFICE SUPPL]ES OFFICE SUPPL%ES OFFICE SUPPLIES OFFICE SUPPL%ES OFFICE SUPPL]ES OFFICE SUPPLIES OFFICE SUPPL%ES ACCOUNT NUMBER 191-2500 192-2500 193-2500 194-2500 280-2500 300-2500 320-2500 330-2500 340-2500 001-120-999-5220 001-163-999-5220 100-164-604-5220 100-164-604-5220 100-164-604-5220 340-199-999-5250 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 210-190-137-5802 001-140-999-5220 001-140-999-5220 001-150-999-5220 001-150-999-5220 001-150-999-5220 001-150-999-5220 001-120-999-5220 001-120-999-5220 001-120-999-5220 001-120-999-5220 001o120-999-5220 001-120-999-5220 001-120-999-5220 001-150-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-120-999-5220 330-199-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 ITEM AMOUNT 6.19 7.29 21.49 5.04 15.10 7.49 19.59 7.29 24.16 178.22 109.99 329.96 13.20 35.12 110.91 32.77 29.52 30.69 53.41 100.00 538.21- 32.29- 10.24- 36.38 30.60 14.96 6.95 11.00 20.00 10.00 4.00 q3.55 2.36 75.07 107.60 13.49 48.32 12.64 9.93- 34.48 61.78 5.66 49.26 30.02 13.21 8.49 CHECK AMOUNT 3,494.00 666.49 110.91 146.~,TaP 10 VOUCHRE2 CITY OF TEMECULA lt-~2/95 13:10 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 26142 11/02/95 000177 GLENHIES OFFICE PRODUCT OFFICE SUPPLIES 26142 11/02/95 000177 GLENHIES OFFICE PRODUCT OFFICE SUPPLIES 26142 11/02/95 000177 GLENHIES OFFICE PRODUCT OFFICE SUPPLIES 26142 11/02/95 000177 GLENHIES OFFICE PRODUCT OFFICE SUPPLIES 26142 11/02/95 000177. GLENHIES OFFICE PRODUCT OFFICE SUPPLIES 001-162-999-5220 001-161-501-5220 001-161-502-5220 001-161-501-5220 001-161-502-5220 181.95 180,65 180,65 76.18 76.17 714.75 26143 11/02/95 000178 GOLDEN STATE TRADING CO MISC COMPUTER SUPPLIES 320-199-999-5221 35.83 35.83 26144 11/02/95 GRANT, KAREN PEPSI HOT SHOT MUSIC CASSETTE 190-180-999-5301 3,00 3,00 26145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 ' VL ADVAN 001-2510 26145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 001-2510 26145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 100-2510 26145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 190-2510 26145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 192-2510 26145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 340-2510 26145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 VL REVER 001-2510 26145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 001-2510 26145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 100-2510 26145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 190-2510 26145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIF~ 192-2510 ~6145 11/02/95 000430 GROUP AMERICA - VOLUNTA 000430 VOL LIFE 340-2510 222.45 161.80 19.15 32.41 6,00 ,69 222.45- 164.20 19.15 32.41 6.00 .69 442.50 ,6 11/02/95 001517 HEALTH & HUMAN RESOURCE MANAGEMENT SERVS FOR PLANNING 001-161-501-5261 26146 11/02/95 001517 HEALTH & HUMAN RESOURCE MANAGEMENT SERVS FOR PLANNING 001-161-502-5261 450.00 450,00 900.00 26147 11/02/95 HOLIDAY SIGNS HOLIDAY CLOSING SIGNS 001-120-999-5220 19.80 19.80 26148 11/02/95 000194 ] C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,336.55 26148 11/02/95 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 100-2080 86.44 26148 11/02/95 000194 ! C N A RETIREMENT TRUS 000194 DEF COMP 190-2080 577.39 26148 11/02/95 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 192-2080 100.00 26148 11/02/95 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 280-2080 37.37 26149 11/02/95 001407 INTER VALLEY POOL SUPPL CRC POOL CHEMICALS 190-182-999-5212 182.10 2,137.75 182.10 26150 11/02/95 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 134,10 26150 11/02/95 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 100-2140 134.10 268.20 26151 11/02/95 000820 K R W & ASSOCIATES PROF SERVS AGRMT LAND DEVEL/EN 001-163-999-5249 26151 11/02/95 000820 K R W & ASSOCIATES ~ORKER'S COMP COVERAGE 001-1182 26152 11/02/95 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 10/1 LUJAN 190-180-999-5118 26152 11/02/95 001667 KELLY TEMPORARY SERVICE TEMP HELP ~/E 9-10 LUJAN 190-180-999-5118 26152 11/02/95 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 9/17 LUJAN 190-180-999-5118 26152 11/02/95 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 9/24 LUJAN 190-180-999-5118 26152 11/02/95 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 10/8 LUJAN 190-180-999-5118 26152 11/02/95 001667 KELLY TEMPORARY SERVICE TEMP HELP ~/E 10/15 LUJAN 190-180-999-5118 26152 11/02/95 001667 KELLY TEMPORARY SERVICE TEMP HELP g/E 10/22 EVANS 001-165-999-5118 26152 11/02/95 001667 KELLY TEMPORARY SERVICE TEMP HELP ~/E 10/22 EVANS 001-165-999-5118 ~'~52 11/02/95 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 10/22 EVANS 100-164-604-5118 2,387.50 77.52- 442.00 353.60 442.00 442.00 442.00 442.00 97.07 97.07 97.06 2,309.98 VOUCHRE2 11/02/95 VOUCHER/ CHECK NUMBER 26152 26153 26153 26153 26154 26155 26155 26156 26157 26158 26159 26160 26160 26160 26160 26160 26160 26161 26161 26161 26161 26162 26162 26162 26162 26163 26163 26164 26165 26165 26165 26165 26165 26165 26165 26165 26165 26165 13:10 CHECK DATE 11/0Z/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 VENDOR NUMBER 001667 001282 001282 001282 000209 000380 000380 000669 000653 001967 002011 000220 000220 000220 000220 000220 000220 000883 000883 000883 000883 002105 002105 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 VENDOR NAME KELLY TEMPORARY SERVICE KNORR POOL SYSTEMS, INC KNORR POOL SYSTEMS, INC KNORR POOL SYSTEMS, INC L & M FERTILIZER, INC. LAIDLAW TRANSIT, INC. LAIDLAW TRANSIT, iNC. LEAGUE OF CAL. CITIES LUCKY STORE, INC. MANPOWER TEMPORARY SERV MARTIN, KATHY MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MONTELEONE EXCAVATING MONTELEONE EXCAVATING MONTELEONE EXCAVATING MONTELEONE EXCAVATING MORTON, EVONE MORTON, EVONE MORTON, EVONE MORTON, EVONE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE PERKINS, PAM PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES~ RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES~ RETIRE PERS (EMPLOYEES~ RETIRE PERS (EMPLOYEES~ RETIRE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TEMP HELP W/E 10/22 LUJAN REPLACE CHEM FEED LINES/CRC LABOR TAX PARTS, EQUIP AND REPAIRS CHARTERED BUS SERVICES P U C FEE CITY CLERKS SEMINAR:J.GREEK COOKIE MONSTER CLASS SUPPLIES TEMP HELP W/E 10/22 LIPOSCHAK TCSD iNSTRUCTOR EARNINGS ARTWORK FOR T SHIRTS OPERATING BUDGET COVER DESIGN & TYPE COMBS W/SPINE PRINT BLANK PAPER SHEETS (1000 PER) TAX MARGARITA ROAD WORK CLEAR DRAINAGE-SANTIAGO RD IMPROVE DRAINAGE STRUCTURE IMPROVE DRAINAGE ON YNEZ RD REFUND-CANCEL BUILDING PERMIT REFUND-CANCEL BUILDING PERMIT REFUND-CANCEL BUILDING PERMIT REFUND-CANCEL BUILDING PERMIT VEHICLE MAINT. & REPAIR VEHICLE MAINT & REPAIR REFUND-TCSD SPECIAL EVENT 000246 PER REDE 000246 PER REDE 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET ACCOONT NUMBER 190-180-999-5118 190-182-999-5212 190-182-999-5212 190-182-999-5212 190-180-999-5242 190-183-999-5350 190-183-999-5350 001-120-999-5258 190-183-999-5320 100-164-601-5118 190-183-999-5330 001-140-999-5222 001-140-999-5222 001-140-999-5222 001-140-999-5222 001-140-999-5222 001-140-999-5222 100-164-601-5401 100-164-601-5401 100-164-601-5401 100-164-601-5401 001-2290 00t-162-4200 001-162-4285 001-162-4285 001-165-999-5214 001-163-999-5214 190-183-4992 001-2130 100-2130 001:2390 100-2390 165-2390 190-2390 191-2390 192-2390 193-2390 194-2390 ITEM AMOUNT 442.00 608.40 224.00 47.15 16.29 382.42 3.82 200.00 30.00 634.40 520.00 16.16 504,00 300,00 215.26 408.00 110.61 1,000.00 1,000.00 2,000.00 1,000.00 .50 27.00 36.00 30.00 60.86 356.82 28.00 191.61 65.19 12,811.71 2,395.51 82.54 2,959.58 97.59 105.27 328.00 75.17 PAGE 7 CHECK AMOUNT 3,296.80 879.55 16.29 386.24 200.00 30.00 634.40 520.00 1,554.0~ 5,000.00 93.50 417.68 28.00 VOUCHRE2 1~?/95 VOUCHER/ CHECK NUMBER 13:10 CHECK DATE VENDOR NUMBER VENDOR NAME CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION 26165 11/02/95 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 26165 11/02/95 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE- 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 26165 11/02/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO S6 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO ~6 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 26166 11/02/95 000245 PERS (HEALTH ]NSUR. PRE 000245 PERS DED 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 PERS-ADM 26166 11/02/95 000245 PERS (HEALTH 1NSUR. PRE 000245 TAKECARE 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 TAKECARE 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO ~66 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO ACCOUNT NUMBER 280-2390 300-2390 320-2390 330-2390 340-2390 001-2390 100-2390 165-?.390 190-2390 191-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2090 100-2090 165-2090 280-2090 001-2090 100-2090 300-2090 001-2090 100-2090 190-2090 193-2090 280-2090 330-2090 340-2090 001-2090 100-2090 190-2090 340'2090 001-2090 100-2090 190-2090 192-2090 194-2090 001-2090 100-2090 001-2090 001-2090 001-2090 100-2090 001-2090 165-2090 280-2090 ITEM AMOUNT 226.18 111.89 282.54 109.73 339.27 49.27 10.64 .23 12.56 .47 .93 1.39 .23 .78 .46 .93 .93 2.09 615.43 39.21 57.49 57.49 451.66 122.47 38.27 4,302.62 1,234.83 1,853.27 296.00 96.40 148.00 381.12 753.96 950.59 349.60 65.24 990.45 381.39 619.24 156.77 101.90 '2,403.23 38.40 958.84 95.96 1,258.70 470.01 212.60 44.21 44.21 PAGE 8 CHECK AMOUNT 20,262.69 VOUCHRE2 11/02/95 VOUCHER/ CHECK NUMBER 13:10 CHECK DATE VENDOR NUMBER VENDOR NAME CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH 1NSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 26166 11/02/95 000245 PERS CHEALTH INSUR. PRE 000245 PERS CHO 26166 11/02/95 000245 PERS CHEALTH INSUR. PRE 000245 PERS REV 26166 11/02/95 000245 PERS (HEALTH INSUR. PRE 000245 TAKECARE 26166 11/02/95 OOO245 PERS CHEALTH INSUR. PRE 000245 TAKECARE 26167 11/02/95 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 26168 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 26169 001707 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000580 002009 002009 000253 000253 000253 26171 PETCO AN]HAL SUPPLIES, PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PHOTO I,~ORKS POOR SPORTS TEAM SALES POOR SPORTS TEAM SALES POSTHASTER POSTMASTER POSTMASTER 26172 26172 26173 26173 26173 K-9 FOOD/SUPPLIES PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH~REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH RE]HBURSENENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT FILM PROCESSING SOFTBALLS/TCSD TAX EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS ACCOUNT NUMBER 001-Z090 100-2090 190-2090 280-2090 340-2090 100-2090 190-2090 340-2090 001-2090 100-2090 001-2090 100-2090 001-2090 001-2090 100-2090 100-2122 001-170-999-5327 280-199-999-5260 001-162-999-5260 001-140-999-5262 001-165-999-5262 001-150-999-5262 100-164-604-5220 001-100-999-5258 001-100-999-5258 190-180-999-5220 001-161-501-5260 001-161-502-5260 001-2172 190-180-999-5261 190-180-999-5260 100-164-604-5220 190-183-999-5350 - 190-183-999-5320 001-100-999-5258 001-110-999-5260 190-183-c~9-5320 001-150-<~9-5260 001-150-999-5265 190-180-999-5301 190-183-999-5380 190-183-999-5380 001-120-~<~-5230 100-164-604-5230 001-161-501-5230 ITEM AMOUNT 181.78 8.37 41.13 96.00 3.68 3.90 104.32 34.77 37.72 26.21 66.98 2.39 943.56- 17.05 18.24 51.70 59.91 30.00 12.00 81.60 24.60 17.70 47.26 10.00 30.00 6.36 12.50 12.50 21.40 27.67 23.44 24.73 6.00 35.23 30.00 32.50 42.78 41.00 15.40 32.09 675.65 47.30 75.25 26.85 10.75 PAGE 9 CHECK AMOUNT 19,288.54 51.70 , 59.91 584.67 32.09 722.95 117 VOUCHRE2 CITY OF TEMECULA 11-z,D~/95 13:10 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 10 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 26174 11/02/95 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 26174 11/02/95 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPN 26174 11/02/95 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 26174 11/02/95 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPN 26174 11/02/95 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 26174 11/02/95 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 26174 11/02/95 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 26174 11/02/95 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 26174 11/02/95 001537 PRINCIPAL MUTUAL, INC. COBRA PAYMENT FOR 11/95 001-2340 100-2340 165-2340 190-2340 280-2340 300-2340 330-2340 340-2340 001-1180 26175 11/02/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES 190-180-999-5212 1,492,17 487.59 14.59 343.45 14.58 14,58 22.11 72.92 7.99 45.00 2,469.98 45.00 26176 11/02/95 000947 RANCHO BELL BLUEPRINT C MISCELLANOUS BLUEPRINT 26177 11/02/95 000262 RANCHO CALIFORNIA WATER 02-79-10100-1 WATER SERVS 001-165-999-5222 190-180-999-5240 22.90 151.44 22.90 151.44 26178 11/02/95 000907 RANCHO CAR WASH CITY VEHICLE WASH & DETAIL SER 001-163-999-5214 26178 11/02/95 000907 RANCHO CAR WASH CITY VEHICLE WASH & OETAIL SER 001-165-999-5214 26178 11/02/95 000907 RANCHO CAR WASH CITY VEHICLE WASH & OETAIL SER 001-162-999-5214 26178 11/02/95 000907 RANCHO CAR WASH CITY VEHICLE WASH & OETAIL SER 001-110-999-5214 26178 11/02/95 000907 RANCHO CAR WASH CITY VEHICLE WASH & DETAIL SER 001-110-999-5262 2~178 11/02/95 000907 RANCHO. CAR WASH CITY VEHICLE WASH & OETAIL SER 190-180-999-5214 'B 11/02/95 000907 RANCHO CAR WASH CITY VEHICLE WASH & DETAIL SER 190-180-999-5263 21.50 11.23 16.00 12.02 16.56 48.00 152.16 277.47 26179 11/02/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-CITY HALL 340-199-999-5212 217.88 217;88 26180 11/02/95 001097 ROADLINE PRODUCTS, INC. SUPPLIES MAINT DIVISION 26180 11/02/95 001097 'ROADLINE PRODUCTS, INC. TAX 100-164-601-5218 100-164-601-5218 68.00 5.27 T3.27 26181 11/02/95 000271 ROBERT BEIN, WM FROST & PLAN CHECK SERVICES/AUG 26181 11/02/95 000271 ROBERT BEIN, t~4 FROST & PLAN CHECK SERVICES/SEPT 001'162'999'5248 001'162'999'5248 657.75 533.25 1,191.00 26182 11/02/95 000499 S C C C A CITY CLERK MBERSHP MTG:J.GREEK 001-120-999-5260 25.00 25.00 26183 11/02/95 000704 S K S, INC/INLAND OIL FUEL FOR CiTY VEHICLES 001-162-999-5263 26183 11/02/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-110-999-5262 26183 11/02/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 100-164-601-5263 26183 11/02/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-163-999-5263 26183 11/02/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-165-999-5263 26183 11/02/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 190-180-999-5263 26183 11/02/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-170-999-5262 26183 11/02/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-170-999-5262 97.86 44,52 349.46 123.94 44.77 103.99 41.07 2.96 808.57 26184 11/02/95 000403 SHAWN SCOTT POOL & SPA POOL MAINTENANCE AT TES POOL 190-180-999-5212 560.40 560.40 26185 11/02/95 000645 SMART & FINAL, INC. CANDY FOR HALLOWEEN CARNIVAL 190-183-999-5370 26185 11/02/95 000645 SMART & FINAL, INC. SPECIAL CLASSES/TCSD 190-183-999-5370 20.43 538.49 558.92 26186 11/02/95 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVICES - CITY 340-199-999-5250 26186 11/02/95 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVICES - CRC 190-182-999-5250 ~'~6 11/02/95 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVICES - SENIOR 190-181-999-5250 42.00 42.00 29.00 113.00 VOUCHRE2 PAGE 11 11/02/95 13:10 ~ VOUCHER/ CHECK NUMBER 26187 26187 26188 26188 26188 26188 26188 26189 26189 26190 26191 26192 26192 26192 26192 26193 26193 26193 26193 26193 26193 26193 26194 26195 26196 26197 26197 26197 26197 26197 26197 26198 26199 26200 26201 26201 26201 CHECK DATE 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 VENDOR NUMBER 000926 000926 000537 000537 000537 000537 000537 000375 000375 000282 001505 000303 000303 000303 000303 001547 001547 001547 001547 001547 001547 001547 000168 000905 000307 000642 000642 000642 000642 000642 000642 000656 000320 002016 001065 001065 001065 VENDOR NAME SOUTHERN CALIF EDISON SOUTHERN CALIF EDXSON SOUTHERN CALIF EDISON - SOUTHERN CALIF EDISON - SOUTHERN CAL]F EDISON - SOUTHERN CALIF EDISON - SOUTHERN CALIF EDISON - SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF. MUNIC]P STEFFEN, SUE SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERZOOS ITEM DESCRIPTION 2-02-351-6289/ELECT SRVC 2-O0-397-5042/ELECT SRVC 2-02-351-4946 ELECT SERVS 2-02-351-5489 ELECT SERVS 2-00-397-5026 ST LIGHT ELECT 2-00-394-5059 ELECT SERVS 2-00-397-5067 ELECT SERVS 909 205-7826 GR 909 202-4754 KH STAFF REGISTRATION TUITION REXMBURSEMENT OFFICE NAME PLATE OFFICE NAME PLATE FREIGHT TAX TEAMSTERS LOCAL 911 001547 UN DUES TEAMSTERS LOCAL 911 001547 UN DUES TEAMSTERS LOCAL 911 001547 UN DUES TEAMSTERS LOCAL 911 001547 UN DUES TEAMSTERS LOCAL 911 .001547 UN DUES TEAMSTERS LOCAL 911 001547 UN DUES TEAMSTERS LOCAL 911 001547 UN DUES TEMECULA FLOWER CORRAL TEMECULA SHUTTLE SERVIC TEMECULA TROPHY CO. TEMECULA TEMECULA TEMECULA TEMECULA TEMECULA TEMECULA CITY OF - FLE CITY OF - FLE CITY OF - FLE CITY OF - FLE CITY OF - FLE CITY OF - FLE TEMPLETON PLANNING GROU TC~NE CENTER STATIONERS TSUTSUMIDA & ASSOCIATES U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C FLOWERS FOR EMPLOYEE SHUTTLE SERV FOR P.BIRDSALL AWARDS FOR THE CRC EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX RDA MAP REVISION TO BOUNDARIES OFFICE SUPPLIES NEW CITY HALL SPACE PLANNING 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP ACCOUNT NUMBER 340-199-999-5240 340-199-999-5240 190-181-999-5240 191-180-999-5319 191-180-999-5319 190-180-999-5240 193-180-999-5240 001-140-999-5208 190-180-999-5208 190-180-999-5261 001-150-999-5259 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-2125 100-2125 190-2125 193-2125 280-2125 300-2125 320-2125 001-2170 001-100-999-5258 190-182-999-5301 001-1020 190-1020 280-1020 300-1020 340-1020 165-1020 280-199-999-5250 001-163-999-5220 210-199-650-5804 001-2080 100-2080 190-2080 ITEM AMOUNT 34.40 3,089.86 1,053.60 109.58 3,810.87 4,095.66 750.29 82.10 81.24 160.00 195.87 12.50 12.50 3.00 1.94 433.83 86.95 129.50 18.50 11.10 4.62 18.50 49.57 75.00 110.11 3,644.22 644.16 306.26 37.50 62.5 0 68.75 808.50 43.92 439.61 2,288.09 211.62 367.85 CHECK AMOUNT 3,124.26 9,820.00 163.34 160.00 195.87 29.94 703.00 49.57 75.O0 110.11 4,763.39 808.50 43.92 439.61 VOUCHRE2 1 ~L02/95 VOUCHER/ CHECK NUMBER 26201 26201 26201 26201 26201 26202 26202 26202 26202 26202 26203 26203 26203 26203 26203 26204 26204 26204 26204 '04 ~4 ~6204 26205 26206 26207 26208 26209 26210 26211 26211 26212 13:10 CHECK DATE 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 11/02/95 VENDOR NUMBER 001065 001065 001065 001065 001065 000389 000389 000389 000389 000389 000325 000325 000325 000325 000325 000326 000326 000326 000326 000326 000326 000326 000332 001209 000379 001342 000342 000345 000347 000347 000348 VENDOR NAME 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 N/PEBSCO (DEF. C CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 001065 DEF CONP 001065 DEF CONP 001065 DEF CONP 001065 DEF COMP 001065 DEF CONP U S C M/PEBSCO (OBRA) 000389 PT RETIR U S C M/PEBSCO (OBRA) 000389 PT RETIR U S C M/PEBSCO (OBRA) 000389 PT RETIR U S C M/PEBSCO (OBRA) 000389 PT RETIR U S C M/PEBSCO (OBRA) 000389 PT RETIR UNITED WAY OF THE INLAN 000325 UW UNITED WAY OF THE INLAN 000325 UW UNITED WAY OF THE INLAN 000325 UW UNITED WAY OF THE INLAN 000325 UW UNITED WAY OF THE INLAN 000325 UW UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNZTOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE VANDORPE CHOU ASSOCIATI VAULT INC., THE W DEAN DAVIDSON CO. WAXIE SANITARY SUPPLY, WINDSOR PARTNERS XEROX CORPORATION BILLI ZEE SERVICE COMPANY, IN ZEE SERVICE COMPANY, IN ZIGLER, GAlL UNIFORM MAINT/PUBLIC WORKS UNIFORM MAINT/PUBLIC WORKS UNIFORM MA]NT/PUBLIC WORKS UNIFORM NA]NT, FOR TCSD CLEANING FLOOR MATS CITY HALL CLEANING FLOOR MATS CRC CLEANING FLOOR MATS SEN CENTER PLAN CHECK SERVICES/AUG OFF-SITE STORAGE FOR VAULT PROF SRVCS/SENIOR CENTER JANITORIAL SUPPLIES CITY HALL & STORAGE RENT 5100 COPIER MONTHLY LEASE MEDICAL SUPPLIES - CITY HALL TAX REIMB:DEPT ADMIN MTG a CRC ACCOUNT NUMBER 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 100-2160 190-2160 193-2160 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 340-199-999-5250 190-182-999-5250 190-181-999-5250 001-162-999-5248 330-199-999-5Z77 190-180-999-5250 190-182-999-5212 340-199-999-5234 330-199-999-5239 340-199-999-5242 340-199-999-5242 190-180-999-5Z60 ITEM AMOUNT 5.00 57.20 4.99 312.50 87.50 492.24 31.06 410.16 47.88 20.02 55.50 6.80 .75 17.00 1.95 17.00 64.49 24.00 21.35 35.50 38.40 25.62 792.87 230.74 300.00 4.44 11,761.76 2,986.12 149.30 11.57 62.39 PAGE 12 CHECK AMOUNT 3,334.75 1,001.36 82.00 226.36 792.87 230.74 300.00 4.44 11,761.76 2,986.12 160.87 62.39 TOTAL CHECKS 339,934.52 VOUCHRE2 PAGE 5 1~-~q2/95 16:04 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERZOOS FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 165 RDA DEV- LOW/MOO SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEHENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 330 SUPPORT SERVICES TOTAL AMOUNT 859,791.86 1,133.95 3,115.67 48,474.63 815.58 18,669.33 197,577.08 22,325.19 17,527.30 3,021.09 1,172,451.68 VOUCHRE2 CITY OF TEMECULA 11/02/95 16:04 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 26215 11/14/95 001281 ALHAMBRA GROUP 26215 11/14/95 001281 ALHAMBRA GROUP DESIGN SERVICES-MARGARITA PARK 210-190-119-5802 PROF SRVCS/DUCK POND PARK 210-190-143-5802 2,425.00 1,660.00 4,085.00 26216 11/14/95 002085 BARNEY & BARNEY EQUIP FLOATER INS/2176308 300-199-999-5204 26216 11/14/95 002085 BARNEY & BARNEY CREDIT EQUIP FLOATER INS 300-199-999-5204 26216 11/14/95 002085 BARNEY & BARNEY PROPERTY INSURANCE:AUG/SEPT 300-199-999-5204 26216 11/14/95 002085 BARNEY & BARNEY COMM PACK INS/ACM24707074 300-199-999-5204 1,074.62 597.52- 2,990.00 12,334.82 15,801.92 26217 11/14/95 002093 BERRYMAN AND HENIGAR PROF SERVCS TAX CONSULTANT/SEP 280-2645 4,460.00 4,460.00 26218 11/14/95 002005 BUILDING ENERGY CONSULT BALLFIELD LIGHTING/TEM SCHOOL 210-190-141-5804 113,085.00 113,085.00 26219 11/14/95 000123 BURKE WILLIAMS & SORENS SEPT PROF LEGAL SERVS 001-130-999-5246 26219 11/14/95 000123 BURKE WILLIAMS & SORENS SEPT PROF LEGAL SERVS 300-199-999-5207 26219 11/14/95 000123 BURKE WILLIAMS & SORENS SEPT PROF LEGAL SERVS 280-199-999-5246 26219 11/14/95 000123 BURKE WILLIAMS & SORENS PENDING CLAIM ADJUSTER APPROVA 300-199-999-5207 26219 11/14/95 000123 BURKE WILLIAMS & SORENS OVRCNGED HRLY RATE FOR D.DEGRA 300-199-999-5207 26220 11/14/95 001178 C M S BUSINESS FORMS, I BUSINESS LICENSE FORMS 001-140-999-5222 11,188.49 8,389.58 4,374.27 8,389.58' 3.00- 1,281.92 15,559.76 1,281.92 26221 11/14/95 000126 26221 11/14/95 000126 26221 11/14/95 000126 26221 11/14/95 000126 26221 11/14/95 000126 26221 11/14/95 000126 26222 11/14/95 26223 11/14/95 26223 11/14/95 26224 11/14/95 26225 11/14/95 26225 11/14/95 26226 11/14/95 26227 11/14/95 26227 11/14/95 26228 11/14/95 26228 11/14/95 26229 11/14/95 26230 11/14/95 26230 11/14/95 26231 11/14/95 CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE HA CALIFORNIA LANDSCAPE MA CALIFORNIA LANDSCAPE MA 000131 CARL WARREN & CO., INC. 000136 CHESHERS~ CUSTOM EMBROI 000136 CHESHERS# CUSTOM EMBROI 001014 COUNTRY SIGNS & DESIGNS 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 000754 ELLIOTT GROUP, THE 000164 ESGIL CORPORATION 000164 ESGIL CORPORATION 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 000481 GEOTECHNICAL & ENVIRONM 000711 GRAPHICS UNLIMITED LITH 000711 GRAPHICS UNLIMITED LITH 000202 J F DAVIDSON ASSOCIATES LANDSCAPE MAINT FOR PARKS LANDSCAPE NAINT/SENIOR CENTER LANDSCAPE MAINT FOR CRC LANDSCAPE MAINT FOR MEDIANS LANDSCAPE MAINT. DUCK POND LANDSCAPE MAINT. PALA PARK MITTLEMAN-8/19/93 HATS FOR CITY GOLF TOURNAMENT TAX CITY SEAL CONST ~ LOMA LINDA TEMP HELP WK 9/16-10/4 COX PROJ HELP 2 W/E 10/13 DUNCAN LDSCP REVIEW FOR PLANNING DEPT PLAN CHECK SERVICES/AUG PLAN CHECK SERVS/SEPT 95 LANDSCAPE MA[NT/SLOPES LANDSCAPE MAINT/SPORTS PARK PROF SERVCS MATERIAL TESTING TRAFFIC SAFETY BROCHURES TAX SEPT SERVS-RANCHO CAL SPT PRK 190-180-999-5415 190-181-999-5415 190-182-999-5415 191-180-999-5415 190-180-999-5415 190-180-999-5415 300-199-999-5205 001-2172 001-2172 190-180-999-5244 001-162-999-5250 001-162-999-5250 001-161-501-5250 001-162-999-5248 001-162-999-5248 193-180-999-5415 190-180-999-5415 210-190-137-5802 100-164-602-5222 100-164-602-5222 210-190-137-5802 13,547.61 242.52 1,670.81 815.58 1,445.00 2,336.00 1,728.38 972.00 75.33 1,958.90 2,418.00 2,040.00 1,425.00 2,962.77 7,867.55 18,669.33 7,605,64 1,650.00 995.00 77oll 2,709.47 20,057.52 1,728.38 1,047.33 1,958.90 4,458.00 1,425.00 10,830.32 26,274.97 1,650.00 1~072.11 2,70~ VOUCHRE2 PAGE 2 lt~./95 16:04 VOUCHER/ CHECK NUMBER 26232 26232 26233 26233 26233 26233 26233 26233 26233 26233 26233 26233 26233 26233 26233 26233 26233 26233 26233 26233 2.~233 ,3 26233 26233 26233 26233 26233 26234 262~5 26235 26235 26236 26236 26237 26237 26237 26237 26237 26237 26238 26238 26238 CHECK DATE 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 VENDOR NUMBER 000217 000217 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001384 001892 000230 000230 000230 001713 001713 001383 001383 001383 001383 001383 001383 001416 001416 001416 000270 VENDOR NAME MARGARITA OFFICIALS ASS MARGARITA OFFICIALS ASS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS 'MINUTEMAN PRESS MINUTEMAN PRESS MOBILE MQOULAR NUN] FINANCIAL SERVICES MUNI FINANCIAL SERVICES MUN] FINANCIAL SERVICES NORRIS-REPKE, INC. NORRIS-REPKE, INC. P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. P M W ASSOCIATES° INC. P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. QUICK CRETE PRODUCTS, I QUICK CRETE PRODUCTS, I QUICK CRETE PRODUCTS, I R J M DESIGN GROUP° INC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ADULT SOFTBALL OFFICIALS ADULT VOLLEYBALL OFFICIALS CITY STATIONARY - ENVELOPES CITY STATIONARY - ENVELOPES CITY STATIONARY - ENVELOPES CITY STATIONARY - ENVELOPES CITY STATIONARY - ENVELOPES CITY STATIONARY - LETTERHEAD CITY STATIONARY - LETTERHEAD CITY STATIONARY - LETTERHEAD CITY STATIONARY - LETTERHEAD CITY STATIONARY - LETTERHEAD CITY STATIONARY - LETTERHEAD CITY STATIONARY - LETTERHEAD CITY STATIONARY - BLANK PAGE CITY STATIONARY - BLANK PAGE CITY STATIONARY - BLANK PAGE CITY STATIONARY - BLANK PAGE CiTY STATIONARY - BLANK PAGE CITY STATIONARY - BLANK PAGE TAX TAX TAX TAX TAX TAX TAX TAX INTERIM FIRE STATION ASSESSMENT MAILOUT ASSESSMENT ADMIN/TCSD RATES ASSESSMENT ADMIN/TCSD RATES CIVIL ENG SERVS FOR 1ST BRIDGE CIVIL ENG DESIGN SERVS 1ST BRI TEAMBUILDING TRAIN 10/24-25 TEAHBUILDING 10/17-18/95 TEAHBUILDING 10/17-18/95 TEAMBUILDING 10/17-18/95 SEPT PROF SERVS-RDA CONSULTING SEPT PROF SERVS-RDA CONSULTING "VOORBURG PARK" SIGN CONSTRUCTION OF STONE COLUMNS TAX AUG PRGSS PMT-PRK VIEW SITE ACCOUNT NUMBER 190-183-999-5380 190-183-999-5380 001-120-999-5220 001-140-999-5220 001-150-999-5220 001-161-501-5220 001-161-502-5220 001-120-999-5220 001-140-999-5220 001-150-999-5220 001-161-501-5220 001-161-502-5220 100-164-604-5220 001-110-999-5220 001-120-999-5220 001-140-999-5220 001-161-501-5220 001-161-502-5220 190-180-999-5220 001-110-999-5220 001-120-999-5220 001-140-999-5220 001-150-999-5220 001-161-501-5220 001-161-502-5220 100-164-604-5220 190-180-999-5220 001-110-999-5220 001-171-999-5470 190-180-999-5250 190-180-999-5370 190-180-999-5370 280-199-807-5802 280-199-807-5802 190-180-999-5250 001-161-502-5261 001-162-999-5248 001-161-501-5261 280-199-999-5248 165-199-999-5248 190-180-999-5244 190-180-999-5244 190-180-999-5Z44 210-190-626-5802 ITEM AMOUNT 1,900,80 415.80 132.62 132.62 84.87 90.18 90.17 90.59 90.59 57.22 45.30 45.30 57.22 90.58 15.24 15.24 7.62 7.62 15.24 15.24 17.57 17.57 7.81 8.79 8.79 4.62 1.26 17.56 1,131.38 4,636.73 4,693.12' 9,279,03 4,124.75 6,250.50 1,740.20 542.30 783.20 414.70 3,115.67 3,115.67 985.00 1,650.00 76.34 3,168.75 CHECK AMOUNT 2,316.60 1,167.43 1,131.38 9,222.64 10,375.25 9,711.74 2,711.34 VOUCHRE2 PAGE 3 11/02/95 16:04 ~ VOUCHER/ CHECK NUMBER 26239 26239 26239 26239 26240 26240 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26241 26242 26242 26243 26243 26243 26244 26244 26244 26245 26246 26246 26246 26247 26247 26247 CHECK DATE 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 VENDOR NUMBER 000270 000270 000270 000270 000678 000678 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000955 000955 000269 000269 000269 002057 002057 002057 002021 001972 001972 001972 000302 000302 000302 VENDOR NAME R J M DESIGN GROUP, INC R J N DESIGN GROUP, ZNC R J M DESIGN GROUP, INC R J N DESIGN GROUP, ]NC RIVERSIDE CO. HEALTH SE RIVERSIDE CO. HEALTH SE RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFPS RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFPS RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S- RIVERSIDE CO.. SHERIFF~S RIVERSIDE CO. SHERIFPS RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SHERIFF-B RIVERSIDE CO. SHERIFF-B RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY RIVERSIDE OFFICE SUPPLY SAN DIEGO LIGHTING SAN DIEGO LIGHTING SAN DIEGO LIGHTING SELF~S JANITORIAL SERVI STANLEY R. HOFFMAN ASSO STANLEY R. HOFFMAN ASSO STANLEY R. HOFFMAN ASSO SYSTEM SOURCE, INC. SYSTEM SOURCE, INC. SYSTEM SOURCE, INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION AUG PRGSS PMT-PRK VIEW SITE AUG PRGSS PMT-PRKVIEW STATION AUG PRGSS PMT-PRKVIEW STATION REIMB EXPENSES FOR PRKVIEW STA AMINAL CONTROL SERVS-JULY 95 JUNE 95 AN]ttAL CONTROL SERVS LAW ENFOREMENT - APRIL/95 LAW ENFOREMENT - APRIL/95 LAW ENFOREMENT - APRIL/95 LAW ENFOREMENT - APRIL/95 LAW ENFOREMENT - APRIL/95 LAW ENFOREMENT - APRIL/95 LAW ENFOREMENT - APRIL/95 LAW ENFOREMENT - APRIL/95 LAW ENFOREMENT - APRIL/95 LAW ENFOREMENT - APRIL/95 LAW ENFOREMENT - MAY/95 LAW ENFORENENT - MAY/95 LAW ENFORENENT - MAY/95 LAW ENFOREMENT - MAY/95 LAW ENFOREMENT - MAY/95 LAW ENFOREMENT - MAY/95 LAW ENFORENENT - MAY/95 LAW ENFOREMENT - NAY/95 LAW ENFOREMENT - NAY/95 LAW ENFOREMENT - MAY/95 APRIL 95 BOOKING CHARGES MAY 95 BOOKING FEES JULY 95 BIKE PATROL AUG 95 BIKE PATROL WHITE COPY PAPER 80 REAMS WHITE COPY PAPER TAX LIGHTING CONTROL SOFTWARE SOFTWARE TRAINING TAX RESTROOM MAINTENANCE SERVICES PROF SRVCS/FISCAL ANAYSES PROF SRVCS/FISCAL ANALYSES PROF SRVCS/FISCAL ANALYSES 371(19 BRIDGE CORNER, 37" LATERAL FILE, 2 DRAWER,37" ACCOUNT NUMBER 210-190-626-5802 210-190-626-5802 210-190-626-5802 210-190-626-5802 001-172-999-5255 001-172-999-5255 001-170-999-5288 001-170-999-5298 001-170-999-5290 001-170-999-5291 001-170-999-5282 001-170-999-5299 001-170-999-5294 001-170-999-5262 001-170-999-5281 001-1230 001*170-999-5288 001-170-99~-5290 001-170-999-5291 001-170-999-5282 001-170-999-5299 001-170-999-5294 001-170-999-5262 001-170-999-5281 001-1230 001-1230 001-170-999-5273 001-170-999-5273 001-170-999-5326 001-170-999-5326 330-199-999-5220 330-199-999-5220 330-199-999-5220 210-190-120-5804 210-190-1Z0-5804 210-190-120-5804 190-180-999-5250 001-161-502-5248 001-161-502-5248 001-161-502-5248 190-180-999-5601 190-180-999-5601 190-180-999-5601 ITEM AMOUNT 3,018.75- 12,492.45 11,016.15- 507.58 6,757.87 8,829.93 313,656.34 33,645.94 12,835.22 7,855.95 3,377.14 46,098.77 16,254.22 17,212.21 22,907.64 7,855.94 187,675.29 6,484.94 2,063.39 3,404.80 31,169.88 10,133.81 14,300.91 23,050.44 1,999.74 63.65 10,929.60 13,689.60 1,890.00 1,134.00 2,712.00 91.80 217.29 1,825.00 100.00 141.44 1,494.00 7,400.78 2,400.00 200.00 215.00 435.00 625.00 CHECK AMOUNT 2,133.88 15,587.80 786,665.42 3,024.00 3,021.09 2,066.44 1,494.00 10,000.78 VOUCHRE2 1 lzD2/95 VOUCHER/ CHECK NUMBER 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 26247 ~7 7 ~0247 26247 26247 26248 26248 26248 26248 26249 26249 26249 26250 26250 26251 26252 26253 26253 26254 16:04 CHECK DATE 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 tl/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 11/14/95 VENDOR NUMBER 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000302 000319 000319 000319 000319 000420 000420 000420 002016 002016 000329 000332 000332 000379 VENDOR NAME SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE ]NC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE ]NC, SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE INC. SYSTEM SOURCE ]NC. SYSTEM SOURCE INC. TOMARK SPORTS, INC. TOMARK SPORTS, INC. TOMARK SPORTS, INC. TOMARK SPORTS, INC. TRANS'PACIFIC CONSULTAN TRAMS-PACIFIC CONSULTAN TRANS-PACIFIC CONSULTAN TSUTSUMIDA & ASSOCIATES TSUTSUMIDA & ASSOCIATES URBAN DESIGN STUDIO, IN VAN DAELE DEVELOPMENT C VANDORPE CHOU ASSOCIATI VANDORPE CHOU ASSOCIATI DEAN DAVIDSON CO. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 37" OVERHEAD TASKL I GHT LATERAL FILE FOR TCSD DEPT REWORK EXISTING PRODUCT TO DESK SHELL 30X67 PEDESTAL B/B/F KEYBOARD DRAWER TAX SINGLE PED DESK SINGLE PED DESK DESK RISER DESK RISER TACKBOARD TACKBOARD TASK LIGHT TASK LIGHT BRIDGE TOP BRIDGE TOP SINGLE PED DESK SINGLE PED DESK PANEL HINGE PANEL HINGE KEY BOARD TRAY KEY BOARD TRAY TAX TAX CREDIT/INCORRECT DESK/KEYBOARD ALUMINUM BLEACHERS t MID SCHO0 INSTALLATION FREIGHT TAX PAVEMENT MANAGEMENT PROJECT PRO. SRVCS/DESIGN MGMT SYSTEM PRO. SRVCS/WESTERN BY-PASS NEW CITY HALL SPACE PLANNING AMEND #1/CITY HALL DESIGN CITYWIDE DESIGN GUIDELINES SECURITY RELEASE TR 22627-F PLAN CHECK SERVICES/SEPT PLANC CHECK SERVICES-SEP PROF SRVCS/CITY MAINT FACILITY ACCOUNT NUMBER 190-180-999-5601 190-180-~-5601 190-180-9~9-5601 190-180-~99-5601 190-180-999-5601 190-180-999-5601 190-180-999-5601 190-180-999-5601 001-161-501-5601 001-161-502-5601 001-161-501-5601 001-161-502-5601 001-161-501-5601 001-161-502-5601 001-161-501-5601 001-161-502-5601 001-161-501-5601 001-161-502-5601 001-161-501-5601 001-161-502-5601 001-161-501-5601 001-161-502-5601 001-161-501-5601 001-161-502-5601 001-161-501-5601 001-161-502-5601 190-180-999-5601 210-190-141-5804 210-190-141-5804 210-190-141-5804 210-190-141-5804 210-165-655-5802 210-165-655-5802 210-165-612-5802 210-199-650-5804 210-199-650-5804 001-161-502-5248 001-2670 001-162-999-5248 001-162-999-5248 210-190-144-5802 ITEM AMOUNT 390.00 156.00 120.00 70.00 890.00 830.00 310.00 313.20 264.50 264.50 194.00 194.00 47.50 47.50 31.50 31.50 64.50 64.50 252.00 252.00 9.00 9.00 97.50 97.50 74.46 74.45 2,187.33- 6,804.00 1,600.00 480.00 527.31 16,236,25 1,800.00 37,058.83 1,615.80 2,183.10 1,761.00 3,250.00 1,356.26 1,884.96 3,542.00 PAGE CHECK AMOUNT 4,236,78 9,411.31 55,095.08 3,798.90 1,761.00 3,250.00 3,241.22 3,542.00 TOTAL CHECKS 1,172,451.68 VOUCHRE2 ' 't/95 16:06 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 210 CAPITAL IMPROVEMENT PROJECTS TOTAL AMOUNT 1,387,419.05 1,387,419.05 VOUCHRE2 10/12/95 15:37 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 112295 11/22/95 000166 CZTY OF TEMECULA VOUCHER/CHECK REGZSTER FOR ALL PERIODS VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER FIRST AMERICAN TITLE CO. ACQUISTZON NEW CiTY HALL PRE 210-199-650-5804 ITEM AMOUNT 1,387,419.05 PAGE CHECK AMCUNT 1,387,419.05 TOTAL CHECKS 1,387,419.05 ITEM 4 TO: FROM: DATE: SUBJECT: APPROVAL~ CITY ATTORNEY FINANCE DIREC CITY MANAGE CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk November 14, 1995 Records Destruction Approval. RECOMMENDATION: Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. BACKGROUND: On March 22, 1992, the City Council approved Resolution No. 92-17 which authorizes the destruction of certain city records which have become outdated, obsolete or are excess documents, in compliance with Sections 34090 through 34090.7 of the Government Code. The records management program, administered by the City Clerk's Office, is in the process of microfilming all inactive records that are over two (2) years old. The attached exhibit details Encroachment Permits of 9/8/87 to 12/10/91; Grading Permits from 7/6/90 to 1/7/92; Public Works Project Files from 9/19/90 to 7/30/93. These records have been microfilmed in triplicate with a copy distributed to the City Clerk's Records Vault, the Planning Department and one in permanent off-site storage. These records are all qualified for destruction at this time under the provisions of the Records Retention Schedule. The City Attorney has reviewed this request and has signed Exhibit "1" of the Annual Review as provided for in Resolution No. 92-17. ATTACHMENTS: Destruction of Records Request List of Records recommended for destruction JSG TO: FROM: DATE: SUBJECT: City Clerk Paula Sargent Office Technician November 14, 1995 Destruction of Records Request Attached is a print out of.' Encroachment Permits (Retention Code 80205) of 9/8/87 (#87957) to 12/10/91 (#8%9-83); Grading Permits (Retention Code 80202) from 7/6/90 (/90001) to 1/7/92 (/91-031); Public Works (Retention Code 80605) from 9/19/90 (/91-03) to 7//30/93 (/92-12). These records have been microf~med in triplicate with a copy distributed to the City Clerk's Records Vault, the Public Works Department and a copy to the Vault in San Diego. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Seaion 34090, I hereby give my consent to the destruaion of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. Departmere Head: City Attorney: eph Kicak, Public Works Department R:\forma~destruct.rqs RRDESTY...RR061 City of Te,ecuLe Doc. Ref ......... 163 Page 10/11/1995 FiLes Ready for Destruction Retention Code... 80205 09:33:09 Destruction Date. 10/24/1995 Doc. I t~m Bet. FiLe Reference # Storage Nedis ' Date Ref. Brief Description Code Security CLass Storage Location Location Reference 163 09/08/1987 87957 Encroachment Permit 87-9-57 80205 0050 FiLm 3821111A0001 Group i 163/120/The VauLt 163 0~/03/1990 90~17 Encreschmmt Permit 90-4-17 80205 0050 FiLm 3821N1AO001 Group I 163/120/The VauLT 163 06/06/1990 90001 Encroachment Permit 90-001 80205 OO50 FiLm :3821N1AO001 Group I 163/120/The VauLt 163 06/08/1990 900(~ Encroachment Permit 90-00~ 80205 0050 FiLm 3~.lN1AO001 Group ! 163/120/The VauLt 163 06/11/1990 90003 Encroachment Permit 90-003 80205 0050 FiLm 3821N1AO001 Group i 163/120/The VauLt 163 06/11/1~90 90010 Encreschm~t Permit 90-010 80205 0050 FiLm 3821141A0001 Group i 163/120/The VauLt 163 06/18/1F~0 90002 Encroachment Permit 90-002 80205 0050 FiLe 3821N1AO001 Group ] 163/120/The VauLt 163 06/18/1990 90007 EncroachgEnt Permit 90-007 80205 0050 FiLm 3821H1AO001 Group ] 163/120/The VauLt 06/18/1990 90008 Encroachment Permit 90-008 80205 0050 FiLm 3821H1AO001 Group [ 163/120/The VauLt 163 0~/19/1990 9002/~ Encroachment Permit 90-024 80205 0050 FiLm 3821N1AOO01 Group I 163/120/The VauLt 163 06/20/1990 90009 Encroachment Permit 90-009 80205 0050 FiLm 3821H1AO001 Group Z 163/120/The VauLt 163 06/22/1990 89011 Encroachment Permit 89-011 80205 0050 FiLm 3821N1AO001 Group [ 163/120/The VauLt 163 06/22/1990 90011 Encroact,nent Permit 90-011 80205 0050 FiLm 3821H1AO001 Group [ 163/120/The VauLt 163 06/27/1990 90015 Encroachment Permit 90-015 80205 0050 FiLm 3821N1AO001 Group T 163/120/The VauLt 163 06/27/1990 90016 Encroachment Permit 90-016 80205 0050 FiLm 3821H1AO001 Group ! 163/120/The VauLt 163 06/27/1990 90017 Encroachment Permit 90-017 80205 0050 FiLe 3821N1AOO01 Group I 163/120/The VauLt 163 06/27/1990 90018 Encroachment Permit 90-018 80205 0050 FiLm 3821141A0001 Group Z 163/120/The VauLT ..................................................... ~ .......... . . 0~/27/1990 90019 Encroachment Permit 90-019 80205 0050 FiLm :3821H1AO001 Group Z 163/120/The VauLt RRDESTY...RR061 City of TamecuLl Page 2 10/11/1~5 Fites Ready for Destruction 0~:33:0~ Ztm Bet. FiLe Reference # Storap N~ie Date Ref. Brief D,cripti~ Code S~urity CL,s Storage L~eti~ L~etim Refer, 07/02/1~0 90012 E~r~chment Pemit ~-012 ~205 OO50 FiLm 3821HIAO~l Group I l~/120/The V~tt 07/02/19~0 9~13 E~r~chment Pemit ~-013 M2~ 0050 Fitm 3821N1AO001 GroqD [ 1~/120/The V~Lt 07/02/19<)0 ~025 E~r~chment Pemit ~-025 ~205 0050 FiLm 3821N1AO001 Group ! l~/120/The VauLt 07/02/1~0 9002& E~r~chment Pemit ~-02& ~2~ 0~0 FiLm ~821N1AO~1 GreJp ] l~/120/The VauLt 07/02/19~)0 ~027 Emr~chment Pemit 90-027 ~2~ 0050 FiLm ]821N1AO~1 Group Z 1~/120/The VauLt 07/02/1~0 90028 E~r~chment Pemit 90-028 ~2~ 0050 FiLm 38Z1N1AO001 Group ~ 1~/120/The VauLt 0~02/1990 ~029 Emroachment Pemit ~-029 ~2~ 0050 FiLm 3821NIAO~1 Group i l~/120/The VauLt 0~02/1~0 90030 E~r~chment Pemit ~-030 ~2~ 0050 FILm 3821N1AO001 Group I l~/120/The VauLt 07/09/1~0 ~031 Emr~chment Pemit ~-031 ~2~ 0050 FiLm 3821NIAO~l Group Z l~/120/The V~Lt 0~09/1~0 900~ E~r~chment Pemit ~0~ ~2~ 0050 FiLm 3821N1AO~l Group ! l~/120/The VauLt 07/11/1~0 ~032 E~r~chment Pemit 90-032 ~205 0050 FiLm 3821N1A0001 Group [ 1~/120/The VauLt 07/11/1~0 90037 E~roachment Pemit 90-037 ~205 0050 FiLm 3821N1AO001 Group I l~/120/The VauLt 07/11/19~0 900~ E~roachment Pemit 90-038 ~205 0050 FiLm 3821N1AO001 Group X 1~/120/The V~tt ........... ; ...................................................... 0711211~0 ~039 E~r~chment Pemit 90-0~9 ~205 0050 FiLm 3821N1AO001 Group I l~/120/The V~Lt 0711211~90 ~0 Emr~chment Pemi t 90-~0 , ~205 0050 FiLm 3821N1AO~l Group I l~/120/The VauLt 07/1Z/1~0 90~1 E~r~chment Pemit 90-~1 ~205 0050 Fits ~821N1AO~l Groq~ ] l~/120/The V~Lt 07/13/1990 ~2 E~r~chment Pemit 90-~2 ~205 ~50 FiLm ]821N1AO~l Group I 1~/120/The V~Lt 0~16/1990 90021 E~r~chment Pemit 90-021 ~205 0050 FiLm 3821N1AO001 Group I 1~/120/The V~tt RRDESTY...RR061 City of Tamecute Page 3 10/11/1995 Fi tea Reedy for Destruction 09:33:09 DD¢. ! ten Ret. F i Le Reference # Storage Hedi a ' Date Ref. Brief Description Code Security CLass Storage Location Location Reference 163 0711611990 90035 Encroachment Permit 90035 80205 0050 FiLm 3821N1AO001 Group ! 163/120/The VauLt 163 0711611990 90036 Encroachment Permit 90036 80205 0050 FiLm 3821NIAO001 Groq~ I 163/120/The VauLt 163 07/16/1990 900/~ EncroachRent Permit 90-04~ 80205 0050 FiLm :3821N1AO001 Group I 163/120/The VauLt 163 07/16/1990 900z,5 Encroachment Permit 90-0/,5 80205 0050 FiLm 3821141A0001 Group I 163/120/The VauLt 163 07/16/1990 90049 Encroachment Permit 90-049 80205 0050 FiLm 3821N1AO001 Group I 1&3/120/The VauLt 163 07/16/1990 90051 Encroachment Permit 90-051 80205 0050 FiLm 3821N1AO001 Group ! 163/120/The VauLt 163 07/17/19990 90636 Encroachment Permit 90-6-36 80205 0050 FiLm 3821N1AO001 Group ] 163/120/The Vault 163 07/18/1990 90050 Encroachment Permit 90-050 80205 0050 FiLm 3821N1AO001 Group I 163/120/The VauLt 07/18/1990 90053 Encroachment Permit 90-053 80205 0050 FiLm :3821N1AO001 Group [ 163/120/The VauLt 163 07/19/1990 90052 Encroachment Permit 90-052 80205 0050 FiLm 3821N1AO001 Group I 163/120/The VauLt 163 07/20/1990 90033 Encroachment Permit 90-033 80205 0050 FiLm 3821N1AO001 Group I 16311201The VauLt 163 0712011990 9005~, Encroachment Permit g0-05/, 80205 0050 FiLm 3821N1AO001 Group ] 163/120/The VauLt 163 071Z011990 90055 Encroachment Permit 90-055 80205 0050 FiLm 3821N1AO001 Group i 163/120/The VauLt 163 07/20/1990 90056 Encroachment Permit 90-056 80205 0050 FiLm 3821N1AO001 Group ! 163/12Q/The VauLt 163 07/20/1990 90057 Encroachment Permit 90-057 80205 0050 FiLm 3821N1AOO01 Group ! 163/120/The VauLt 163 07/Z0/1990 90058 Encroachment Permit 90-058 80205 0050 FiLm 3821N1AO001 Group ! 163/120/The VauLt 163 07/20/1990 90059 Encroachment Permit 90-059 80205 0050 FiLm 3821H1AO001 Group [ 163/120/The VauLt ,~ 07/Z3/19~0 90060 Encroachment Permit 90-060 80205 0050 FiLm 3821N1AO001 Group ! 163/120/The VauLt RRDESTY...RRO&I City of Te~wcuta Page 10/11/1995 F i Lea Reedy for Destruction 09::33:09 Doc. %tee Ret. FiLe Reference # Storage Nedia Ref. Date Ref. Brief Description Code Security CLass Storage Location Location Refer 163 07/2311990 90061 Encroachment Permit 90-061 80205 0050 FiLm 3821N1AOO01 Group ! 163/120/The VauLt 163 0712311990 90062 Encroachment Permit 90-062 80205 0050 FiLm 3821N1AO001 Groq~ ] 163/1201The VauLt 163 07/23/1990 90063 Encroachment Permit 90-063 80205 0050 FiLm 3821lllA0001 Group i 163/120/The VauLt 163 07/23/1990 90064 Encroachment Permit 90-064 80205 0050 FiLm :3821NIAO001 Group I 1631120/The VauLt 163 07127/1990 9004,8 Encroachment Permit 90-048 80205 0050 FiLm 3821H1AO001 Group ! 163/120/The VauLt 163 09/10/1~N) 90005 Encroachment Permit 90-005 80205 0050 FiLm 3821N1AO001 Group % 163/120/The VauLt 163 09110/1990 90006 Encroachment Permit 90-006 80205 0050 FiLm ~821NIAO001 Groq~ I 163/120/The VauLt 163 09125/1990 90046 Encroachment Permit ~0-04~ 80205 0050 FiLm 3821NIAO001 ~roup I 163/120/The VauLt 163 05/1511991 08906 Encroachment Permit 08-09-6-RIJ-2130 80205 0050 FiLm 3821HIAOO01 Group i 163/120/The VauLt 163 08128/1991 67771 Encroachment Permit 6777-1390 80205 0050 FiLm 3821NIAO001 Group I 163/120/The VauLt 163 12/10/1991 87983 Encroachment Permit 87-9-83 80205 0050 FiLm 3821NIAO001 Group i 163/120/The VauLt 65 Records Processed RRDESTY...RR061 City of TemecuLe Doc. Ref ......... 163 Page 1 10/11/1~5 Files Ready for Destruction Retention Code... 80202 09:33:~6 Destruction Date. 10/24/1~5 DEc. Item Ret. File Reference # Storage liedim Date Ref. Brief Description Code Security CLass Store Location Location Reference 163 07/06/1990 90001 Grading Permit 90-001 80202 0069 Film 3821N1AO001 Group I 163/1ZO/The Vault 163 07/06/1~90 90002 Grading Pemit 90-002 80202 0l)~9 Film 3821l!1A0001 Gro~ i 163/120/The Vault 163 07/11/1~c~0 9000~ Grading Permit 90-003 80202 OlY,9 Film 3821N1AO001 Gro~ ! 163/120/The Vault 163 07/26/1~)0 ~O00z, Grading Pemit ~O-OOA 80202 00/,9 Film 3821111A0001 Group [ 163/120/The Vault 163 07/:51/1990 90005 Grading Permit 90-005 80Z02 00~9 Film 3821111A0001 Group I 163/120/The Vault 163 08/07/1990 90006 Grading Permit 90-006 80202 00~9 Film 3821H1AO001 Group ! 163/120/The Vault 163 08/07/1990 90007' Grading Pemit 90-007' 80202 0069 Film 3821111A0001 Group ! 16~/120/The Vault 163 08/16/1990 90008 Grading Permit 90-008 80202 0069 Fi~B 3821H1AO001 ~roup ! 163/120/The Vault 08/2~,/1990 90009 Grading Permit 90-009 ~0202 0069 Film 31i21111A0001 Group ! 16~/120/The Vault 163 09/07/1990 90010 Grading Permit 90-010 80202 0069 Film 3821N1AO001 Group I - 163/120/The Vault 163 09/07/1990 90012 Grading Pemit 90-012 80202 0050 Film 3l~1141A0001 Group I 163/120/The Vault 163 09/14/1990 9001:5 Grading Pemit 90-013 80202 0050 Film 3821N1AO001 Gro~ I 163/120/The Vault 16:~ 09/27/1990 90015 Grading Permit 90-015 80202 0050 Film 3821111A0001 Group ! 163/120/The Vault 163 10/02/1990 90014 Grading Permit 90014 80202 0050 Film 3a21N1AO001 Grm40 I 163/120/The Vault 163 10/10/1990 90017 Grading Pemit 90-017 80202 0050 Film 3a21111AO001 Group ! 163/120/The Vault 163 10/15/1990 90018 Grading Pemit 90-018 80202 0050 Film 3821N1AO001 Group I 163/120/The Vault 163 10/17/1990 90019 Grading Pemits 90-019 80202 0050 Film 3821141A0001 Group I 16~/120/The Vault ._, 10/24/1990 90022 Grading Pemit 90-022 80202 0050 Film 3821N1AO001 Group ! 163/120/The Vault RRDESTY...RRC)61 City of TemecuLa Page 2 10/11/1995 FiLes Ready for Destruction 09:33:~ Doc. item Ret. FiLe Reference # Storage Hadis Ref. Date Ref. Brief Description Code Security CLass Storage Location Location Refer 163 10/29/1990 90075 Grading Pemit 90-075 80202 0050 FiLm 3821H1AO001 Group I 163/120/The VauLt 163 10/50/1990 90023 Grading Permit 90-023 80202 0050 FiLe :5821N1AO001 Group ! 16~/1ZO/The VauLt 163 10/30/1990 90024 Grading Permit 90-024 80202 OOSO FiLm 3821N1AO001 Grcxjp i 16]/120/The VauLt 163 11/02/1~90 90011 Grading Pemit 90-011 80202 00/,9 FiLm 3821HIAO001 Group ! l~53/120/The VauLt 163 11/28/1~0 ~0025 Grading Pemit 90-025 80202 0050 FiLm :S821111A0001 Group I 163/120/The VauLt 163 11/28/1990 90026 Grading Permit 90-026 80202 0050 FiLm 3821H1AO001 Group ! 16~/120/The VauLt 163 10/16/1991 082/*7 Grading Pemit 6082/,7 80202 00~9 FiLm 3821N1AO001 Group I 163/120/The VauLt 163 01/07/1992 91031 Grading Permit 91-031 80202 OOSO FiLm 3821M1AO001 Group ! 163/120/The VauLt 26 Records Processed RRDESTY...RR~I City of Tamecute DK. Ref ......... 1~ Page 1 10/11/1995 Fit. Ready for D.tructian Retention Code... 80605 ff:~:15 Dutrztion Date. 10/24/1995 D~. Ztem Rat. FiLe Reference # Storage N~ia Date Ref. Brief Ducription Code S~urity CLass Storage L~ati~ L~etion Reference 1~ ~/19/1~0 91003 PubLic Works 91-03 80605 0~1 FiLm :5821H1AO001 Group i l~/121/The VauLt 1~ 09/26/1~1 91~2 PubLic Uorks 91-02 80605 0~1 FiLm 382.1N1AO001 Group i 163/121/The V~Lt lg 02/11/1~2 92001 PubLic Works 92-01 80605 0~1 FiLm 3821N1AO001 Group ! 163/120/The V~Lt 1~ 05/~/1~2 92003 PubLic Works ~-03 80605 00~2 FiLm 3821N1AO001 Group I l~1120/The VauLt 1~ 05/1)/1~2 92029 PubLic Works 92-029 806~ 004~ & 0~5 FiLm 3821H1AO001 Group i l~/120/The VauLt 1~ 06/30/1~2 920~ PubLic Works 92-~ 80605 0~2 FiLm 3821N1AO001 Group I l~/120/The VauLt 1~ 0711611~2 92002 PubLic Works 92-02 80605 0~2 FiLm 3821N1AO001 Group ] lg/120/The VauLt 1~ 10/05/1~2 920~ PubLic Works 92-~ 80605 0~3 FiLm 3821H1AO~l Group ! 163/120/The VauLt 10/16/1~2 92007 PubLic Works 92-07 80605 0~3 FiLm 38Z1H1AO001 Group ! 163/1201The VauLt 1~ 10/19/1~2 92011 PubLic Works 92-11 ~5 00~ FiLm 382INLAY01 Group ! l~/1201The VauLt 1~ 03/11/1~3 920~ PubLic Works 92-~ 80605 00~3 FiLm 3821N1AO001 Group ] l~/120/The VauLt 1~ 03/30/1~3 ~001 PubLic Works 93-01 80605 0~7 FiLm 3821H1AO001 Group ] lg/120/The VauLt 1~ ~/27/1~3 93002 PubLic Works 9)-02 ~605 OOA8 FiLm 3821N1AO001 Group [ l~/120/The VauLt 1~ 0~12711~3 930~ PubLic Works 9~-~ ~605 OOA8 & 0~9 FiLm 3821N1AO001 Group [ 16;3/120/The VauLt 1~ 0610711~3 92009 PubLic Works 92-~ 80605 OOA~ FiLm 3821N1AO001 Group i l~1120/The VauLt 1~ 0710711~3 930~ PubLic Works 93-~ 80605 0~9 FiLm 3821N1AO001 Group i 161/120/The VauLt 1~ 0710711993 940~ PubLic Works ~-~ 80605 0~9 FiLm 3821H1AO001 Group I l~1120/The VauLt ,~, 0713011~3 92012 PubLic Works 92-12 80605 OOA~ FiLm 387. lM1AO~l Group I 1~1120/The VauLt RRDESTY...RR061 10/11/1995 Ref. Date item Ref. Brief Description 18 Records Processed City of TemecuLa Files Ready for Destruction Ret. FiLe Reference # Code Security CLass StorBge Nedia Storage LocBtion Page 2 09:3~:15 Location Refer, I'I'EM 5 TO: FROM: DATE: SUBJECT: APPROVAL~ CITY ATTORNEY DIR. OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT. City Manager/City Council Genie Roberrs, Director of Financ~ November 14, 1995 Out-of-State Travel 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. Approval for the following out-of-state travel is requested. Attendees Location Conference Cost Jeffrey E. Stone, Mayor Phoenix, AZ National League of Cities $1,200 Ronald H. Roberrs, Councilman Phoenix, AZ National League of Cities $1,200 Chris Antoniadis, Sr. Investigator Las Vegas, NV Advanced Practical $ 759 Homicide Investigation TOTAL: $3,159 The National League of Cities Conference is being held November 29 through December 2, 1995. Expenses involved will be airfare, hotel, conference registration and meal allowance. Representatives of the City of Temecula have attended the National League of Cities annual meetings for the past three years. The topics covered are of national importance and the ability to network with other state and national legislators is especially beneficial. The Advanced Practical Homicide Investigation school, offered only once this year, will be held in Las Vegas, NV. The Police Dept wishes to send one detective for the follow.ing reasons: 1 ) Fine instructors are drawn from throughout the U.S.; 2) Henry Lee (O.J. defense expert) will be a primary speaker; and 3) Extensive instruction will be given on DNA evidence. The Police Dept will handle the costs as shown below: 1 ) City will cover tuition and lodging ($759). 2) County will provide transportation. 3) Employee will cover meal expense. R:INORTONLtAGENDAStOSTI 114.AGN 10/17/95 The Police Dept Senior Investigator, Chris Antoniadis, has attended other Advanced Homicide courses offered in-state. This course available in Las Vegas is not reimbursable by the State (POST). However, the course content is unique and will be valuable to City staff. FISCAL IMPACT: The funds ($2,400) for the National League of Cities will be charged to account number 001-100-999-5258. The Police Dept expense of $759 will be charged to account number 001-170-999-5261. R:iNORTONLtAGENDASIOST1114.AGN 10/I 7/95 I~I'EM 6 APPROVAL~ CITY ATTORNEY FINANCE OFFIC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: ' FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance November 14, 1995 Liability Insurance Renewal PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION: That the City Council approve the City of Temecula Liability Insurance Policy Renewal with Insurance Company of the West for the period of December 1, 1995 through December 1, 1996. DISCUSSION: In anticipation of the City's Liability Insurance Policy with Insurance Company of the West ("ICW") expiring on December 1, 1995, staff requested that the City's liability insurance broker, CaI-Surance, market the City for liability insurance. In response to this request, CaI-Surance obtained three proposals from the following companies in the amounts listed: Insurance Company of the West Genesis Insurance Company Insurance Company of Pennsylvania $91,930 $90,000* $115,000 *Premium does not include "CIGA" (California Insurance Guarantee Association) costs of approximately $500, and the premium will likely be increased based on total operating expenses changing during mid-year budget review or annual budget adoption. ICW, the City's current insurance carrier, has provided a fixed premium of $91,930 for the entire year, regardless of changes in the City's operating status. Additionally, the rates offered are a total of $6,703 lower than the $98,633 premium for the previous year while providing increased coverage due to the addition of two fire engines, two police motorcycles, and five City vehicles since the 1994-95 premium quote was provided. ICW has also proposed to cover Automobile Physical Damage at a premium of $6,197, which, even with the addition of the aforementioned vehicles, is an increase of only $328 from last year's premium of $5,869. Since Genesis Insurance Company's premium is subject to increases within the period of coverage, and ICW has provided outstanding coverage in the past, staff recommends that the City continue both Liability and automobile physical damage insurance coverage through ICW for the period of December 1, 1995 through December 1, 1996. FISCAL IMPACT: Adequate funds have been budgeted and are available in General Fund Liability Insurance Account 300-199-999-5200for the general liability premium, and in Automobile Insurance Account 300-199-999-5201 for the automobile physical damage premium. Attachment: ICW Proposal INSURANCE COMPANY OF THE WEST PROPOSAL TERM: December 1, 1995- December 1, 1996 FORMAT: Occurrence NAMED INSURED: City of Temecula Temecula Community Services District Redevelopment Agency of the City of Temecula Old Town Westside Community Facilities District Financing Authority SELF-INSURED RETENTION (SIR): $50,000 COVERAGE GENERAL LIABILITY INSURANCE BASE LIMITS/COVERAGE MUNICIPAL GENERAL LIABILITY 91,000,000 per occurrence excess over SIR; 95,000,000 aggregate PUBLIC OFFICIAL'S ERRORS & OMISSIONS 91,000,000 per occurrence excess over SIR; 91,000,000 aggregate MUNICIPAL AUTOMOBILE LIABILITY (Owned, Non-Owned, & Hired Automobile) ~ 1,000,000 per occurrence excess over SIR; 91,000,000 aggregate PREMIUM 9 90,966 INCLUDED INCLUDED INCLUDED EXCESS LIMITS/COVERAGE MUNICIPAL GENERAL LIABILITY 94,000,000 aggregate PUBLIC OFFICIAL'S ERRORS & OMISSIONS 94,000,000 per occurrence excess, over underlying 94,000,000 aggregate MUNICIPAL AUTOMOBILE LIABILITY 94,000,000 per occurrence excess, over underlying No aggregate CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FEE TOTAL LIABILITY INSURANCE COST INCLUDED INCLUDED INCLUDED 9 464 9 ,91,930 AUTOMOBILE PHYSICAL DAMAGE ENDORSEMENT $ 6, 197 rI'EM 7 APPROVAL CITY ATTORNEY CITY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager November 14, 1995 Delegation of Authority in Processing and Settling Claims Against the City of Temecula PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DELEGATING TO THE CITY MANAGER AND THE CITY CLERK CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH CLAIMS FILED AGAINST THE CITY DISCUSSION: Currently, the City's approving authority for settling all claims regardless of the value is the City Council. Based on discussions with the City Attorney, the City Council may delegate approval to settle claims up to an approved dollar value so that claims with smaller settlements may be processed promptly and efficiently by the City Manager and City Clerk. The attached resolution authorizes the City Manager to approve all claims not exceeding $1,000, and authorizes the City Clerk to process such approved claims in accordance with Part 3 of Division 3.6 of the California Government Code (commencing at Section 900). The limit of $1,000 is consistent with the current policy which requires Council approval for all City disbursements exceeding $1,000. FISCAL IMPACT: None. Attachment: Resolution No. 95- R:IKUHNSA tAGENDA. CLM 11/6/95 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DELEGATING TO THE CITY MANAGER AND CITY CLERK CERTAIN POWERS AND AUTHORITY IN CONNECTION WITH CLAIMS FILFr} AGAINST THE CITY THE CITY COUNCIL OF THE CITY OF TE1VIECULA DOES HEREBY RESOLVE AS FOLLOWS: The City Council of the City of Temecula hereby finds, determines and Section 1. declares that: A. Part 3 of Division 3.6 of the California Government Code (commencing at Section 900), requires claims for money or damages against cities to be processed in accordance with certain procedural requirements; and B. The Council desires to provide for the prompt, efficient and economical handling of these claims and therefore intends by this resolution to delegate certain responsibilities under the claims statutes to the City Manager and City Clerk. Section 2. The City Clerk of the City of Temecula is hereby authorized and directed, in connection with any claim fried against the City of Temecula (the "City") pursuant to Part 3 of Division 3.6 of the California Government Code (commencing at Section 900), to take such necessary and appropriate actions with respect to such claims as are authorized or required by said code sections, except for the settlement, allowance, compromise or payment of claims. Section 3. The City Manager of the City of Temecula is hereby authorized to settle, allow, compromise or pay any claims ~ed against the City pursuant to Part 3 of Division 3.6 of the California Government Code (commencing at Section 900), in an amount not to exceed one thousand dollars ($1,000) per claim, provided, however, that money to settle claims generally has been appropriated by the Council and money is available within such appwpriation for the settlement, allowance, compromise or payment of the claim by the City Manager. R:IKUHNSA tAGENDA. CLM 1 II6/95 Section 4. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOFrED by the City Council of the City of Temecula at a regular meeting held on the 14th day of November, 1995. Jeffrey E. Stone, Mayor ATrF. ST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Resolution 95-_ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of November, 1995, by the following roll call vote: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCK,MEMBERS June S. Greek, City Clerk R: IKUHNSA IAGENDA. CLM ~ I/6/95 ITEM 8 APPROVAL CITY ATTORNEY FINANCE OFFI~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: ' City Council FROM: City Manager DATE: November 14, 1995 SUBJECT: Resolution Stating the City of Temecula's Commitment To Library Funding PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA STATING THE COMMITMENT OF THE CITY OF TEMECULA TO RECOVER STATE LIBRARY FUNDING WHICH HAS BEEN WITHDRAWN DISCUSSION: During the September 24, 1995 Central Library Task Force Meeting chaired by County Supervisor Ceniceros, the issue of library funding was raised. During the course of discussions, Mayor Stone from City of Temecula suggested that all cities adopt resolutions requesting that State library funding, consisting of Special District Augmentation Funds and the State Public Library Fund, which has been withdrawn by the State, be reinstated; or, that the State Legislature approve measures to allow California cities to retain a larger portion of property taxes generated to fund local libraries adequately. SPECIAL DISTRICT AUGMENTATION FUNDS Special District Augmentation Funds (SDAF) are those property tax revenue funds designated for special districts, based on services provided to the district, as determined by the County Board of Supervisors. Since other public services also draw from this pool of funds, including fire and public protection, libraries have traditionally been a low priority for these funds. To compound the issue, in 1993, a portion of these funds were allocated to School Districts throughout the State, further reducing funds available from property tax revenue. The following table summarizes SDAF funding from FY 1991/92through FY 1993/94: FISCAL YEAR COUNTY CONTRACT AMOUNT SDAF FUNDS PERCENTAGE 1994~95 $ 9,361,238 $ 0 0.00% 1993~94 8,322, 129 831,000 9.99% 1992/93 9,333,402 2,539,184 27.21% 1991/92 8,559,100 2,211,600 25.84% PUBLIC LIBRARY FUND The Public Library Fund (PLF) was established by SB358 in 1982 "to provide permanent, stable, and predictable financing for public libraries of the state through a combination of state and local revenues" (Education Code Section 18012(b)). The PLF system was designed to have a 90%-10% local-state match. For the first two years, no program requirements were calculated, although in FY 1983/84there was an allocation of $6,000,000as the state match; and in FY 1984/85, there was an allocation of $12,000,000. It was not until FY 1985/86 that the PLF allocations were compared to program requirements. The following table summarizes the funding amounts required to meet the 10% state match, and the actual state funding provided for public libraries from the PLF. The percentage figure is the percentage of the 10% match received: YEAR STATE LIBRARY FUND MATCH REQUIREMENT ACTUAL STATE ALLOCATION PERCENTAGE 1994/95 $ 47,803,195 $ 8,870,000 18.56% 1993/94 46,530,530 8,870,000 19.07% 1992/93 47,245,648 8,870,000 18.78% 1991/92 48,219,568 10,176,000 21.11% 1990/91 45,472,677 16,600,000 36.51% 1989/90 42, 127,230 20,600,000 48.90% 1988/89 39,297,504 20,600,000 52.43% 1987i88 37,617,793 20,200,000 53.70% 1986/87 34,715,623 20,000,000 57.62% 1985/86 31,686,439 18,300,000 57.76% The attached resolution outlines the library funding shortcomings, and expresses City of Temecula's commitment to recovering State library funding which has been substantially reduced over the past ten years. FISCAL IMPACT: None. RESOLUTION NO. 9~- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA STATING THE COMMITMENT OF THE CITY OF TEMECULA TO RECOVER STATE LIBRARY FUNDING WHICH HAS BEEN WITHDRAWN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, in FY 1991-92, the total contract amount for operating Riverside County Libraries was $8,559,100, of which $2,211,600 or 26% was Special District Augmentation Funds (SDAF); and, WHEREAS, in FY 1992-93, the total contract amount for operating Riverside County Libraries was $9,333,402, of which $2,539,184 or 27% was SDAF; and, WHEREAS, in FY 1993-94, Riverside County received only $831,000 or 10% of SDAF; and, WHEREAS, in FY 1994-95, because there were no SDAF, Riverside County was forced to supplement the Library Contract with $2,000,000 from the County General Fund; and, WHEREAS, since its inception in FY 1985-86, 'State of California Public Library Fund support has decreased from 58% of the program requirement to 18.6% of the program requirement in 1994-95, NOW, THEREFORE, BE IT RESOLVFX}, that Section 1. All citizens serviced by County Library Systems have a right to expect that local libraries obtain adequate funding to operate at appropriate service levels. Section 2. The City Council is committed to seeking State reimbursement for funding which has been withdrawn from Special District Augmentation Funds and the Public Library Fund. Section 3: The City Clerk shall certify the adoption of this resolution. PASSED APPROVED AND ADOPT!~ by the City Council of the City of Temecula at a regular meeding held on the 14th day of November, 1995. Jeffrey E. Stone, Mayor ATFF_,ST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TElVlEE~A ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 95-61 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day of November, 1995 by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS June S. Greek, CMC City Clerk ITEM 9 TO: FROM: DATE: SUBJECT: APPROVAL Ry~~ CITY ATTORNEY . FINANCE DIREC ~ CITY MANAGE CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 14, 1995 Acceptance of Public Streets into the City-Maintained Street System (Within Tracts No. 20703-3, and 22962) (Southeasterly of Winchester Road, Southerly of Nicolas Road) PREPARED BY:~(~ Albert K. Crisp, Permit Engineer. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 95-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACTS NO. 20703-3 AND 22962) BACKGROUND: The Riverside County Board of Supervisors approved Tract Maps No. 20703-3 on June 28, 1988, and Tract No. 22962 on November 7, 1989, and entered into subdivision improvement agreements for the improvement of streets and drainage, and sewer and water systems on those respective dates. On October 10, 1995, the City Council accepted the improvements and initiated the warranty period for Tract No. 22962. The City Council then accepted the improvements and initiated the warranty period for Tract No. 20703-3 on November 14, 1995. These two projects were constructed by Dav-Bar I, (as to Tract No. 20303-3), and Dav-Bar II, (as to Tract No. 22962), both California General Partnerships (Comprised of Barratt American Incorporated, a Delaware Corporation, and Davidson Pacific, a California Limited Partnership). The affected public streets for these projects are respectively: Tract No 20703-3: Rosebay Court, Dandelion Court, Bolandra Court, Barberry Court, and portions of Roripaugh Road, Winchester Road, and Nicolas Road. r:\agdrpt\95%1114%tr207033.962 AKC/1101 Tract No. 22962: Valeriana Court, and portions of Starling Street, Senna Court, and Swallow Court. Under provisions of the Streets and Highways Code (Section 1806), public streets offered by the subdivider must be accepted by City Council resolution in order to be included in the public- street-maintained system. Winchester Road (Tract No. 20703-3)is in the State Highway System, and Nicolas Road (Tract No. 20703-3) was accepted into the County Maintained- Road System prior to City incorporation. Consequently, only the interior streets of these two tracts will be accepted into the City Maintained-Street System under Resolution No. 95- Inasmuch as certain state funds are earmarked for maintenance of these publicly-maintained streets, the process will make these streets eligible for those funds. FISCAL IMPACT: These streets will be integrated into the City's Pavement Management System and will receive periodic surface and/or structural maintenance efforts. The new pavement condition of these streets should necessitate only limited surface or structural treatments for 5 to 7 years. ATTACHMENTS: Resolution No. 95- with Exhibits "A-B", inclusive. cc: Brad Buron, Maintenance Superintendent r:~egdrpt\95~l 114\tr207033.962 AKC/1101 RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACTS NO. 20703-3, AND 29262) THE CITY COUNCIL OF THE CITY OF TEMF.,CULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WIringS, Dav-Bar I, a California General Partnership, and Dav-Bar II, a California General Partnership, dedicated to' public use for street and public utility purposes certain lots in Tracts No. 20703-3, and 22962, respectively; WHEREAS, The County of Riverside accepted said offers of dedication for street and public utility purposes within Tracts No. 20703-3, and 22962; WHEREAS, the City desires to accept inW the City Maintained-SWeet System the public improvements within all or portions of the public streets offered and accepted by the County of Riverside as depicted in Exhibit "B" ; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the City of Temecula accept into the City Maintained-Street System those streets or portions of public streets offered and accepted by the County of Riverside described in Exhibits "A" and "B" attached hereto. Section 2. The City Clerk shall certify the adoption of this resolution and accept the streets and portions thereof, offered to and accepted by the County of Riverside, into the City Maintained-Street System as described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOFrED, by the City Council of the City of Temecula at a regular meeting held on the 14th day of November, 1995. Jeffrey E. Stone, Mayor ATFF_~T: June S. Greek City Clerk [SEAL] r:%agdrpt\95\l 114%tr207033.962 AKCI1101 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) as CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 95-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day of November, 1995, by the following vote: 0 COUNCILMF~MBERS: NOES: 0 COUNC]IAdEMBERS: ABSENT: 0 COUNCILIvn=~MBERS: ABSTAIN: 0 COUNCILMEMBERS: r:\agdrpt%95\l 114\tr207033.962 AKC/1101 EXHIBIT hA" TO RESOLUTION NO. Accepting the public streets offered to and accepted by the County of Riverside as indicated on Tram No. 20703-3, and 22962; and accepting subject public sweets into the City Maintained-SWeet System as described below: A. Those lots described as Lots "A" through "J" inclusive, as shown on Tract Map No. 20703-3, filed 29 June, 1988, in Book 186 of Maps, Pgs 2028 Inc!., further described as follows: (Lot "A") (Lots "B" & "C") (Lots "D" & "E") (Lot "F") (Lot "G") (Lot "H")* (Lot "I")# Portion of Roripaugh Road Rosebay Court Dandelion Court Bolandra Court Barberry Court Portion of Nieolas Road Portion of Winchester Road B. Those lots described as Lots "A" through "D", inclusive, as shown on Tract Map No. 22962, filed 18 February 1988, in Book 180 of Maps, Pgs 32-36, Ind., further described as follows: (Lot "A") (Lot "B") (Lot "C") (Lot "D") Portion of Starling Street Portion of Senna Court Portion of Swallow Court Valeriana Court * Street is within existing City Maintained-Street System. # Street is within existing State-Highway System. r:\agdrptX95\l 114~tr207033.962 AKC/1101 EXHIBIT "B" TO RESOLUTION NO. 95- SUBJECT ACCEPTANCE- PUBLIC STREETS INTO THE CITY MAINTAINED- STREET SYSTEM AS INDICATED BELOW: VICINITY MAP NO SCALE ,~ \ ROAD TEIHECULAt AND ,,-~/ I RANCHO MIJRRIETA LINE / 71/ ITEM 10 FROM: DATE: SUBJECT: APPROVAL ~ CITY ATTORNEY FINANCE DIREC ~ CITY MANAGER CITY OF TEMECI. LA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 14, 1995 Accept Public Improvements in Tract No. 20703-3 PREPARED BY:/~ Albert Crisp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT the Public Improvements in Tract No. 20703-3, AUTHORIZE the reduction in Faithful Performance Street, Drainage, and Water and Sewer Bond amounts and the release of the Subdivision Monumentation Bond, ACCEPT the Faithful Performance Warranty Bond Riders, and DIRECT the City Clerk to so advise the Clerk of the Board of Supervisors, the developer and surety.. BACKGROUND: On June 28, 1988, the Riverside County Board of Supervisors entered into subdivision agreements with: Barratt American Incorporated, c/o Coscan Davidson Homes 12865 Pointe Del Mar Del Mar, CA 92014 for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds issued by The American Insurance Company as follows: 1. Bond No. 11126948717 in the amount of $496,000 to cover street improvements. 2. Bond No. 11126948725 in-the amount of $131,000 to cover water system improvements. 3. Bond No. 11126948733 in the amount of $134,000 to cover sewer system improvements. Bonds No. 11126948717, 11126948725, and 11126948733 in the amount of $248,000, $65,500, and $67,000, respectively, to cover material and labor for street, water, and sewer improvements. Bond No. 11126948741 in the amount of $35,400 to cover subdivision monumentation. r.\agdrpt~95\1114\tr207833.acc The following items have been completed by the developer in accordance with the approved plans: 1. Street, drainage, sewer and water improvements within Tract No. 20703-3. 2. Subdivision Monumentation Staff has inspected and verified the public improvements. The Rancho California and Eastern Municipal Water Districts have accepted their items of work. The Public Works Department therefore recommends acceptance of the work, reduction in bond amounts to the 1 O-percent warranty level, and initiation of the one-year warranty period. Therefore, it is appropriate to reduce the Faithful Performance Bond amounts as follows: Street Improvements: Water System Improvements: Sewer System Improvements: $446,400 ~ 117,900 ~ 120,600 The subdivider is submitting riders to the Faithful Performance Bonds changing the obligee' from the County of Riverside to the City of Temecula and reducing the bonds for warranty purposes in the following amounts: Streets and Drainage improvements: Sewer System Improvements: Water System Improvements: Bond No. 11127028972 Bond No. 11127029004 Bond No. 11127028998 ,~35,450 9,350 7,700 The developer was required to post Material and Labor Bonds to ensure payment to suppliers and workers. These bonds are maintained in effect for a period of time determined by statute after the Governmental Agency has accepted the public improvements. The affected streets are being accepted into the City Maintained-Street System by City Council Resolution No. 95- at this time. The streets within the subdivision are Bolandra Court, Barberry Court, Dandelion Court, Rosebay Court, and portions of Winchester Road, Nicolas Road, and Roripaugh Road. FISCAL IMPACT: None ATTACHMENTS: Location Map Riders to Public Improvement Bonds (on file) Substitute Subdivision Improvement Agreement (on file) r.~agdq~t~95\1114\tr207833,acc VICINITY MAP NO SC~.LE "rT"r -~ 90 /~, ~ MVRRIETA /~ LINE ,D. TRACT NO. 20703-3 Location Map ITEM 11 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE DIREE~_~ CITY MANAG CITY OF TEMECULA AGENDA REPORT City Council/City Manager T ~//Joseloh Kicak, Director of Public Works/City Engineer November 14, 1995 Release Grading Bond for Import to School Site (Southeast of Winchester at Margarita Road Intersection) PREPARED BY: ~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE release of Grading Bond for Import of Soils to Chapparal High School Site, and DIRECT the City Clerk to so advise the Permittee and Surety. BACKGROUND: The Temecula Valley Union School District site (future Chapparal High School) bounded by Winchester Road, the Santa Gertrudis Creek, Roripaugh Road, and Nicolas Road, required import of suitable soils material to complete the site grading. A portion of the required materials was imported from the proposed Campus Verde site at the southeast corner of Winchester Road at Margarita Road. A grading permit was issued to effect the removal of and transport of soils material to the high school site. The conditions of the permit included environmental protection, erosion control of the graded surfaces, and clean-up of the work area. The grading contractor, Fleming Engineering, Inc., provided security for the satisfactory completion of this work as follows: Safeco Insurance Company of America Bond No. 5807106 in the amount of ~6,000. The grading and related work has been satisfactorily completed and Public Works Staff recommends the release of the subject grading bond. FISCAL IMPACT: None ATTACHMENT: Location Map R:XagdrptX95\l 114\tvu~dbor.bnd Borrow Site for High School Location Map Not to Scale ITEM 12 TO: FROM: DATE: SUBJECT: APPROVAL I~~ CITY ATTORNEY n FINANCE DIREC G CITY MANAGE CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 14, 1995 Release Public Improvement Warranty, Labor and Material, and Monument Bonds in Tract No. 21674-3 (Southwest of intersection of Rancho California Road at Meadows Parkway) PREPARED BY:~, Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE the release of Faithful Performance Warranty and Labor and Material bonds for Street, Sewer and Water Improvements, and Subdivision Monumentation in Tract No. 21674-3, and DIRECT the City Clerk to so advise the Surety and Developer. BACKGROUND: On January 9, 1990, the City Council approved Final Tract Map No. 21674-3. Agreements and Faithful Performance and Material Labor Bonds were filed by: Mesa Homes (Now Kemper Community Development Company) 27555 Ynez Road, Suite 202 Temecula, Ca 92591 For the installation of street, sewer and water improvements. Accompanying the subdivision agreements were surety bonds issued in the following amounts by: Lumbermens Mutual Assurance Company Bond No. 3S 687 481 00 in the amount of $310,500to cover street improvements. Bond No. 3S 687 482 00 in the amount of $42,000 to cover water improvements. Bond No. 3S 687 483 00 in the amount of $53,000 to cover sewer improvements. Bond No. 3S 687 484 00 in the amount of $12,200 to cover subdivision monumentation. -1- r:~agdrpt\95\l 114\tr216743 .fnl Bonds No. 3S 687 481 00, 3S 687 482 00, and 3S 687 483 00 in the amounts of $155,250.00, $21,000.00 and $26,500, respectively, to cover material and labor amounts for street, water and sewer improvements. On April 26, 1994, the City Council accepted the public improvements, initiated the one-year warranty period, and authorized the reduction in Faithful Performance bond amounts for warranty purposes to the following amounts: Streets: $31,050 Water System: 4,200 Sewer System: 5,300 Total: $40,550 Public Works Staff has reviewed the project and all necessary repairs/replacements have been satisfactorily completed. Therefore it is recommended that the warranty bonds be released. The inspection and verification process relating to the survey monumentation has been completed by the City staff, and the Department of Public Works recommends the release of the Monument Bond. Therefore it is appropriate to exonerate this bond as follows: Bond No. 3S 687 484 O0 in the amount of $12,200 to cover subdivision monumentation. The developer is also required to post Labor and Material bonds to ensure payment to suppliers and workers. These bonds are maintained in effect for a period of time determined by the Subdivision Improvement Agreement after the City Council has accepted the public improvements. The contractual six-month claim period has run and no claims have been filed with the City. Therefore Staff recommends that the following Labor and Material bonds posted by Lumbermens Mutual Assurance Company be released: Bonds No. 3S 687 481 00, 3S 687 482 00, and 3S 687 483 00 in the amounts of $155,250, $21,000, and $26,500, respectively, for street, water and sewer improvements. The streets within the subdivision are Corte Encinas, and portions of Meadows Parkway and of Paseo De Las Olas. These streets will be accepted into the City Maintained-Street System by City Council resolution at a later date in concert with adjacent tracts nearing completion. FISCAL IMPACT: None Attachment: Location Map -2- r:Xagdrpt\95\1114\tr216743 .tiff Project Site 7'RAC7' M_a Z/~, 7,~ -3 ) NY~OTI-t~TTC.~, 7'DW!~I41p 7,5, ~-~MG~ 2iv', Location Map ITEM 13 TO: FROM: DATE: SUBJECT: APPROVAL CITY MANAGE CITY OF TEMECULA AGENDA REPORT City Council/City Manager  ///Joseph Kicak, Director of Public Works/City Engineer November 14, 1995 Release Grading Bond for Tract No. 21067. (Northerly of Intersection of Pala Road at Loma Linda Road) PREPARED BY:/Z~ Albert K,. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE release of Grading Bond for Tract No. 21067, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On September 18, 1991, the City Council approved Tract No. 21067 and entered into subdivision improvement agreements with: Kingsway Construction Corporation 2650 Camino Del Rio North San Diego, CA 92108 Subdivision improvement bonds were posted by Insurance Company of the West as follows: 1. Bond No. 117 85 65 in the amount of $1,571,00 ($1,255,500, $149,500, and $166,500, respectively, to cover faithful performance for street, and water and sewer system improvements. 2. Bond No. 117 85 65 in the amounts of $787,750 ($628,000, $75,000, and $82,750, respectively, to cover labor and materials for street, water and sewer system improvements. 3. Bond No. 117 85 66 in the amount of $31,284for subdivision monumentation Kingsway Construction Corporation subsequently lost control of the project. The new developer for the subdivision is: Santa Barbara 86 (Westmark Communities, Inc., General Partner) One Columbia Aliso Viejo, CA 92656 r:~agdrpt\95\l 114~tr21067g.rsd and they have submitted replacement agreements and securities, which securities were posted by .Insurance Company of the West in'the same amounts and under the same bond numbers. The City Councs'l accepted the substitute agreements and revised public improvement bonds on October 18, 1994. A bond for the rough grading phase of work was then posted by Safeco Insurance Company on behalf of the following: Buck Kemmis Equipment, Inc., and Santa Barbara 86, a General Partnership, Westmark Communities, Inc., General Partner, as bond No. 5785013 in the amount of $539,500.00. The grading and related work has been satisfactorily completed and Public Works Staff recommends the release of the subject grading bond. The affected streets, although not completed or accepted at this time, are Trotsdale Drive, Canterfield Drive, Rein Court, Murfield Drive, and portions of Jedediah Smith Road and Temecula Lane. FISCAL IMPACT: None ATTACHMENT: Location Map Grading Bond (On file) r:~agdrpt\95\l 114\tr21067g.r~d V4~L~JO ~ 5TI~T~' ~ VICINITY MAP l'lO JEALE 1~ . ~r5 , Z W \ I' TRACT NO. 21067 Loca':ion Mao ITEM 14 CITY OF TEMECULA AGENDA REPORT · CITY MANAGE~ TO: FROM: DATE: City Council/City Manager Joseph Kicak, Director of Public Works\City Engineer November 14, 1995 SUBJECT: Solicitation of Construction Bids for FY94-95 Annual Pavement Management Project, PW95o06 PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit public construction bids for FY94-95 Annual Pavement Management Project No. PW95-06. BACKGROUND: In 1993 Dwight French & Associates developed a Pavement Management System Operations Manual by investigating the existing conditions of each city street. This manual provided procedures to estimate the existing conditions of local and arterial roadways throughout the city, types of street improvement recommendations and cost/benefit analysis to prioritize street repairs. The consultant also provided the city with a five year plan identifying the local residential and arterial roadways and types of rehabilitation work needed for each year. The FY94-95 Annual Pavement Management Rehabilitation Project is the city's first project using a pavement management system. This project along with the slurry seal project will be an annual program to maintain the roadways in the City. The project plans and specifications are proposing two (2) types of pavement rehabilitation which include an asphalt overlay with a stress relief membrane (geotextile fabric), and the removal & reconstruction of the existing asphalt pavement. There are fifteen (15) roadways to be rehabilitated, four (4) are arterial, which includes potions of Margarita Road, Pala Road, Rancho California Road and Ynez Road, and eleven (11 ) are secondary/local residential streets at various locations throughout the City. The plans, specifications and contract documents have been completed and the project is ready to be advertised for construction bids. These plans and specifications are available for review in the City Engineer's office. The engineer's estimate for this project is $900,000. pwO4~agdrpt\95\i 114\pw95-06 .bid FISCAL IMPACT: This project is a Capital Improvement Project which will be funded by Measure A. pwO4\agd~t\95\l 114\pw95-06 .bid ' I · ram - FY94-95 STREETS ~"~" CITY OF TEMECULA PAVEMENT MANAGEMENT SYSTEM ITEM 15 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Council/City Manager  _--~Joseph Kicak, Director of Public Works/City Engineer November 14, 1995 Professional Services Agreement with Engineering Ventures, Inc. for Rancho California Road and Santa Cecilia Drive Sidewalk Improvement Project No. 5 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Award a contract for the design Of Rancho California Road and Santa Cecilia Drive sidewalk improvement project to Engineering Ventures, Inc., for $10,950.00 and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,095.00 which is equal to 10% of the contract amount· Authorize a transfer of $9,636.00of Development Impact Fees (Public Facilities) to the Capital Projects Fund· e Appropriate $49,079 in the Capital Projects Fund to Account No. 210-165-661-5804 for the total costs to complete this project. BACKGROUND: Each fiscal year the State Public Utilities Code (Senate Bill 821) sets aside 2% of the Local Transportation Funds in the County of Riverside to fund facilities for the exclusive use of pedestrians and bicyclists. Riverside County Transportation Commission approved a total of twenty-two proposals from various agencies throughout the County of Riverside and the City of Temecula received approved for funding of two projects. The engineer will be responsible for designing both projects which will provide a new sidewalk on the north side of Rancho California Road between Lyndie Lane and the existing sidewalk at Rancho California Plaza shopping center and a new sidewalk on the north side of Santa Cecilia Drive between Mira Loma Drive and Cosmic Drive. The improvements on Rancho California Road may be revised based on the final design and schedule of improvements that r:\agdrpt\95\1114\engven.agr will be constructed by the developers of the property at Rancho California Road and Lyndie Lane. The estimated total cost, consisting of design and construction is $12,432 for Rancho California Road and $36,647 for Santa Cecilia Drive. RCTC/SB821 will fund 80% of the total cost and the City will match the remaining 20%. Therefore, the costs are spread as follows: Proiect Description Total Cost $B821 Fund Citv's Matching Fund Rancho California Road $12,432 $9,946 $2,486 Sidewalk improvements Santa Cecilia Drive $36,647 $29,317 $7,330 Sidewalk improvements FISCAL IMPACT: Rancho California Road and Santa Cecilia Drive Sidewalk Improvement Project No. 5 is a Capital Improvement Project and will be funded by Development Impact Fees and SB821 funds. Adequate Development Impact Fees are available to cover the City's matching requirement to complete this project. Attachment: 1. Engineering Ventures, Inc. Contract r:%agdrpt%95\l 114\engven,agr CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of November 14, 1995, between the City of Temecula, a municipal corporation ("City") and Engineering Ventures, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on November 14, 1995, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 14, 1995, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This am6unt shall not exceed Ten Thousand Nine Hundred and Fifty Dollars ($10,950.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services ' 1 ' r:\rfp\O40~e~fvenm.agr/ajp provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. SUSPENSION OR TERMINATION OF AGREE~IENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the-Consultant. If such failure by-the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant' s control, and without fault or negligence of the Consultant, it shall not be considered a default. " b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of -2 - r. ~rfp~,O40\engvenm.sgr/ajp City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, dam, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant .to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or falling to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) InsuranCe Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. '3- r:\rfp\O40\~-~g~'enm.agr/ajp b. Minimum Limits of Insurance. Consultant shall maintain limits no less (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. -4 - r: \rf~\O40~n~,entu. ag r/ajp (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e: Acceptability. of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Conshltant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the sentices under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant-as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or .indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations'which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. '5- r:\~P\040\e~lve~m-alr/ajl~ 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43 174 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Engineering Ventures, Inc. 43500 Ridge Park Drive, Suite 202 Temecula, California 92590 Attention: Randolph F. Fleming Principal 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Randolph F. Fleming shall perform the services described in this Agreement. -{5- r:.\tf!~\040\~xgv~'~m.ngdajp Randolph F. Fleming may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to-the departure of Randolph F. Fleming from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parries described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this' Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. '7 ' r: \rfpx. O40\~venm.agdajp 18. AUTHORITY TO EXECUTE THIS AGREE~IENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. gSr WITNESS WHEREOF, the pardes hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMZCULA By Attest: Mayor June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTA~F ~~dolph Fl~i By: Engineering Ventures, In~t.nci~. -8- r:X~p~040Xea~vmtu.agr/aj~ EXHIBIT A TASKS TO BE PERFORMED %E!~IGINEF:RING VENTUI~=S INC, 'LAND DL~NNING Z CIVIL ENGINEERING o LAN0 SURVEYING October 19, 1995 Mr. Joe Kicak, R.C. E. Director of Public Works City of Temecula 43174 Business Park Drive Temecula, CA 92590 Re.' Rancho California Road and Santa Cecilia Drive Sidewalk Improvements Temecula, California Dear Joe, Thank you for selecting Engineering Ventures, Inc. to provide professional civil engineering services for the above-referenced Capital Improvement Project. Based upon our discussions and reviewing our estimated manhours, Engineering Ventures, Inc. is proposing a "not-to-exceed" fee of $10,950.00. This fee is inclusive of all field time, office calculations, coordination, design, drafting, specification preparations, meetings, and administrative assistance in providing a complete "turn key" set of documents for the City of Temecula Public Works Department. If you require any additional information or have any questions, please do not hesitate to call. Sincerely, Randolph F. Fleming, R.C.E. Principal RFF:vlp 435C0 ~iOGE ~n,;~K C~Fv'E. SUITE 202 - TEMECULA. CA 92590 - (SOS) 599-6450 - ;~X 6SS-3569 PAYMENT SCHEDULE CITY OF TEaMECULA RFP NO. 40 Rancho California Road and Santa Cecilia Drive Sidewalk Improvements SCHEDULE OF HOURLY RATES October 3, 1995 PRINCIPAL PRINCIPAL ENGINEER S 105.00/HOUR CIVIL ENGINEERING RESIDENT ENGINEER (LICENSED) PROJECT COORDINATOR DESIGNER SENIOR TECHNICIAN TECHNICIAN DRAFTSMAN SECRETARIAL/ADMINISTRATIVE ASSISTANT $ 85.00/HOUR $ 75.00/HOUR $ 70.00/HOUR $ 65.00/HOUR $ 60.00/HOUR $ 55.00/HOUR $ 40.00/HOUR LAND SURVEYING DIRECTOR OF SURVEYING (LICENSED) TWO-MAN CREW $ 75.00/HOUR $115.00/HOUR MISCELLANEOUS COSTS LONG DISTANCE TELEPHONE CALLS MESSENGER (PICK-UP/DELIVERY) MILEAGE EXPENSE REPRODUCTION EXPENSE MISCELLANEOUS REIMBURSABLES DIRECT COST + 10% $ 30.00/HOUR $ 0.45/MILE DIRECT COST + 10% DIRECT COST + 10% ITEM 16 CITY OF TEMECULA AGENDA REPORT APPROVED ~~/~ CITY ATTORNEY FINANCE DIRE CITY MANAG TO: FROM: DATE: SUBJECT: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 14, 1995 Walcott Corridor Reimbursement Agreements with R.C.W.D. for Work Performed During the Construction, Project PW94-10 PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council approve reimbursement agreement with the Rancho California Water District for the cost of relocation certain water improvements made necessary by the Walcott Corridor, Project PW94-10. BACKGROUND: During the design of the Walcott Corridor Project it was determined that portions of Walcott Lane would have to be lowered to provide for vehicle site distance. This vertical grade change will require underground .utilities to be relocated. Rancho California Water District has provided the City plans and specifications of their proposed water facilities improvements and the City has incorporated them into the Walcott Corridor Project construction documents. This reimbursement agreement requires RCWD to reimburse the City 100% of the costs for the relocation and adjustments of the water improvements included in this project. RCWD agrees to provide and pay for inspection of all new and relocated facilities that are needed for the Walcott Corridor. The amount of reimbursement for the Walcott Corridor is based on the bid prices as specified under the contract awarded by the City to the Hemet Manufacturing Company, Inc. dba Genesis Construction for the street improvements. This agreement states that RCWD will reimburse the City fifty percent (50%) of their cost forty-five (45) days after RCWD receives notice from the City that the relocation of the water facilities has begun. The remaining fifty-percent (50%) of the reimbursement will be due and payable within thirty (30) days after the entire project is accepted as complete by the City and RCWD. On August 24, 1995 the bids were opened and the total cost of the water facilities bid items which will be reimburse by RCWD is estimated at $647,453.00. FISCAL IMPACT: All costs associated with the reimbursement agreement California Water District with no fiscal impact to the City. will be paid for by the Rancho pwO4~agdrpt~95~ 1114~ow94-10~9410rcwd .agr Attachment: RCWD Reimbursement Agreement pwO4~agdrpt~,95~ 1114~pw94-10~9410rcwd .agr REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA WALCOTT CORRIDOR PROJECT NO. PW94-10 AND RANCHO CALIFORNIA WATER DISTRICT THIS AGREEMENT is made and entered into as of September 26, 1995, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Rancho California Water District, a California Water District and existing and operating under Division 13 of the California Water Code, hereinafter referred to as "RCWD". in consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to establish the reimbursement to CITY by RCWD for the cost of relocation certain water improvements made necessary by the Walcott Corridor, Project No. PW94-10, hereinafter referred to as "PROJECT". Section II. RCWD shall reimburse CITY for one hundred percent (100%) of the costs (hereinafter referred t,o as "REIMBURSEMENT"), for the relocation and adjustments of certain water improvements within the PROJECT area that are affected by the PROJECT. The costs for the REIMBURSEMENT to CITY by RCWD shall include the following items as shown within the attached Bid Result Spreadsheet: A. Water Items Extended Bid Amounts Bid Items W-1 b through W-37, excluding Item W-1 d. 647,453.00 SECTION III. Costs are based on construction bids received for the PROJECT under "Water Items" shown within the attached Bid Result Spreadsheet. CITY has evaluated and analyzed all bids received and selected the lowest responsible bidder for the PROJECT as Hemet Manufacturing Company, Inc. dba Genesis Construction (hereinafter referred to as "CONTRACTOR"). RCWD has reviewed the bids and approved CITY's selection of CITY's CONTRACTOR prior to the commencement of the work on the PROJECT. RCWD shall maintain as a contingency an 'amount equal to ten percent (10%) of the total estimated costs of relocating the water facilities to account for unforeseen change orders. Prior to the approval of any change orders associated with the relocation of these facilities, CITY shall obtain approval from RCWD before authorizing CONTRACTOR to proceed. CITY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified 1 agmts\rcwd9410.agr/seh 092195 and billed to RCWD for payment on the following basis: A. The Construction Schedule for PROJECT provides that the water facilities relocation shall occur on or about 10 days after the Notice to Proceed with the PROJECT has been issued. Fifty percent (50%) of the REIMBURSEMENT shall be due and payable to CITY forty-five (45) days after RCWD receives notice from the City that relocation of the water facilities has begun. B. The remaining fifty percent (50%) REIMBURSEMENT to CITY by RCWD shall be due and payable within thirty (30) days after the entire PROJECT is accepted as complete by CITY and RCWD. SECTION IV. It is acknowledged that RCWD has reviewed and approved all CITY plans and specifications for the relocation of the water improvements and has approved the bid amount as reasonable. Management and administration of the terms expressed herein shall be performed by CITY for the PROJECT. CITY agrees to designate Mr. Don Spagnolo as the contact for CITY in regards to this agreement. RCWD agrees to designate Mr. Steve Brannon as a point of contact for RCWD to facilitate the reimbursements identified herein. SECTION V. INSPECTION. RCWD shall provide and pay for inspection of all new and relocated facilities specifically, Bid Items W-1 b through W-37 excluding Item W-1 d. SECTION VI. NOTICES. All notices under this Agreement shall be sent as follows: RCWD: Rancho California Water District 42135 Winchester Road Temecula, CA 92590 Attn: Steve Brannon, Development Engineering Manager CITY: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: Don Spagnolo, Principal Engineer Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. 2 egmts\rcwd9410.agr/seh 092195 This Agreement is dated as of the date set forth above. District: RANCHO CALIFORNIA WATER DISTRICT By'~~, ~/~ r~ By: ~Tohz~ :E. lJez~z~i<Ja~: City: CITY OF TEMECULA By: By: ATTEST: 3 agmts\rcwd9410.agr/seh 092195 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS PWg4-10 WALCO'FF CORRIDOR BID RESULTS - AUGUST 24, 1995 1 Item Item Unit Eel. Unit Total No. QuanL Price Arncunt 1 M,',hilrzation LS. I 45,000.00 at,000.00 2 Truffle C,~ntrd LS. 1 10,000.00 10,000.00 3 Cleer&Gnjb LS. I 125,500.00 125,5(X).00 4 Uncteseifeed Eecavalion C.Y. 84,775 2.00 18g,550.00 5 Nluvil/Excevslim C.Y. 53,t50 1.00 53,150.00 6 Impeted Bavow C.Y. g,000 1.00 g,000.00 I Asphalt Ccxtcmte TONS 5,252 26.00 136,rt2.00 8 C.A.B. C.Y. 5,580 19.00 t01,920.00 g CenslNct Tepered Inlet & Rume Down EA. 7 gSO.00 6,650.00 10 Ccnet. 6' A.C. Dike per COT Std. No. 211 LF. 4,875 2.00 g,350.00 11 Const 4' P.C.C. Driveway Approecrt S.F. 1,068 4.00 4,272.00 12 Conet. Cone. V-Ditch per Det. ShL 2 LF. 1,22~ 8.00 57,824.00 t3 Conet. Conc. Terreee Dreln per Det. Sht. 2 LF. 670 · 9.50 6,385.00 14 Conet. Cone. Down Drain per Det. Sht. 2 LF. 65 12.00 780.00 15 Insill Facing Fip-Rap Energy DieSpetor C.Y. 21 44.00 924.00 16 InslNI 1/2 Ton ~ Energy Oistpatc~ C.Y. 1,18g 42.00 4g,086.00 17 Instadlll4TonFi~EnergyDiselpator C.Y. 6g4 45.00 31,230.00 18 Instell 12' R.C.P. Class IV LF. 221 22.00 4,882.00 19 Insill 12" C.S.P. 18 Geuge Min. LF. 124 22.00 2,728.00 20 Cottit. Pipe HeedweJI Clime118 Std. DSg EA. 25 g50.00 23,750.00 21 Const. V-Ditch to Pipe Tmne. Sht. 2 EA. 10 125.00 2.000.00 22 Cormt. Cone. Too Ditch per DeL on 8hL 2 LF. 400 6.00 2,400.00 23 Instell 18' C.S.P. Gauge per Ran LF. 123 30.00 3,eg0.00 24 irisill 42" P,-C.P. D-2000 LF. 100 88.00 8,800.00 25 InItldleOeR. C.P.D-1800 LF. 474 113.00 53,582.00 28 Ins~JI 6r R.C.P. D-t400 LF. 240 125.00 30,000.00 27 Instell 5t" x ;]8' C.S.P. Arch Pipe LF. 616 65.00 40,O40.00 28 Inetall er c.s.P. 12 Geuge Min. LF. 44 100.00 4,400.00 29 Conet. M.H.No.t RCFC Std. MH 251(Mod.) EA. 1 3,000.00 3,000.00 30 Const. Sireight Hesdwsll Sht. 0 EA I 2,g00.00 2,g00.00 31 Cenet. S~Nght HeechmiJI ShL 7 F.A. I 2,800.00 2,800.00 32 Ccnlt. S~sight Heeclvedl Sht. 8 EA. 2 3,000.00 6,000.00 33 Const. 'L' Type Heedwell Sht. 3 EA. 1 4,000.00 4,000.00 34 C~nst. %' Type Heecheell Sht. g EA. 1 4,800.00 4,800.00 35 Const. W'mg Type Heedwell ShL 8 & 7 EA. 2 2,900.00 5,800.00 38 Const. Splesh Well Sht. 2 LF. 36 t7.00 612.00 37 Instell 24'C.S.P. Fiser per Detell Sht. 13 EA. I 750.00 750.00 38 Ccn~t.A.C. OveredeDminCOTNo. 300 EA. 1 1,200.00 1,200.00 3g ConsL Cone. Pipe Ccilsr RCFC Std. MS(~ EA. 2 800.00 1,200.00 40 Inetell Cerlonite Ma~em EA. g 40.00 41 Eroiofi Con!l~ ACRE 7.5 1,700.00 12,750.00 42 ~ Eroioel Conllol LS. 1 5,000.00 5,000.00 43 WillowMitigaliofi LS. 1 1,000.00 1,000.00 44 Con~t. Chein Unk Fence RCFC Det. M801 LF. 275 13.00 3,575,00 45 NPDES SWPPP Ran LS. 1 5,000.00 5,000.00 ,S-t Install 4' Single Yeliaw Slripe LF. 8,453 0.10 645.30 S-2 Insill 12' White Stop Line LF. 42 1.00 42.00 S-3 Install 4° White Fight Eclge Line LF. 325 0.15 48.75 S-4 Inslell DI~I. Yellow Sffipe LF. 2,1gg 0.55 1,20g.45 S-5 Inktell RI 'Stop' Sign EA. 2 145.00 2g0.00 S-6 Insill R2 (See Plan for Poeted Speed) EA. 6 130.00 780.00 S-7 Instell Type W-15 'Rood Netrows' Sign EA. I 130.00 130.00 S-8 Instell Type W-3 EA 8 130.00 !,040.00 S-g Instell Type R2-4 (30 MPH) F.,.A. 1 130.00 130.00 S-10 Instell Type R2-5 'Reduce Speed Aheecr EA. I 130.00 130.00 S-11 Inetadl Type R-3 'End 30 MPH' EA. I 130.00 130.00 S-12 Inet/ITypeW31R&3N-SMeff4rStd. e04 EA. 4 215.00' 860.00 S-13 Instell Type F-I DetineetOr EA. 52 40.00 2,080.00 S-14 InltNI Sb'es~ Neme Sign Stcl. 404 & 405 EA. 5 215.00 1,0/5.00 S-15 InSt'dl Type W-2 Sign EA. 2 130.00 260.00 S-18 Instell 'St~o" Legend C.T.M. Figure6-40 EA. 2 85.00 130.00 S-17 Remove Sign, Selvege & Deliver to Yard EA. 2 30.00 60.00 SUBTOTAL: $1,06g, 1 ~4.50 W-ta W-lb W-lc --w-ld ,'h W-3a W-3b W4 W-5 W-8 W-7 W-9 W-10 W-11 W-12 W-13 W-14 W-15 W-16 W-17 W-18 W-19 W-20 W-21 W-22 W-23 W-24 W-25 W-27 W-28 W-2B W-,IO W-31 ~t.32 4 W-37 Relufoish 30" CML&C steel pipe Remove & dispose of eximing 30' CML&C Instedl new 30" CML&C steel pipe Inetedl new30' CML&C steel pipe Remove & dispose oe emetmg 18' CML&C Install new lee CMI..&C steel pipe Remove and dispose of existrag 8= CML&C Install new 8' CML&C ateel pipe Install 6' F,H. Asiafrilly pet RW-7 lnstadl 4° AVIAR Assembly per RW-11 Inadall Cm¢. 'lhn~mt Block I:M/-2e ~t 26A Ina4/I 1' AVlAR A88ewnbly per RW-6 Inetall new 30" Butterfly Vadve, Clsms 250 Install 16' B'Ry Valve Class 250 Install new 8" Wedge VeJvos, (3ass 2130 Instaft 2' AVIAR Assembly per RW-10 In~edl 8" 45 Degree Angle In, all 30'x30'x30" Steed Tee Inmcll 30'x30'xB' Tee Install 30'xlr Reduce Instaft le' Steed Casing per FIW-23 Not Used Not Used Adjust to Gn~cle Reccn. Ex. Water 8etv. to New WetMine Protect In Place InllaJI Bind Flange Sawcut Ex. A.C. Pavement & Replace Insall Inauited Test Connections & Range Install Test Stad~n per RWJ, OA Install 6' F.H. Assembly per RW-aA Install 30'xr Welded Saddle Install Ancha- Ring and Certc. 11rust Block InsIll 4° Steel or Numinum I-ltghline Pipe Connect Ex. 0naite WaL Serv, to Highline CennectHigfdinePipetoOutietoi'Ex. FH Install A.C. Berm Pipe Protection St. Inltedl A.C. Benn Pipe Protectie~ SW InmaJl GriM:led D4rt Pipe Protecticeq at {:)five Inmadl 4' Wedge Vedve Insl~l Pipe Suppert per RW-~7 Install 1' Wmer Service per RW-13 TOTAL LESS W-re AND W-l d: TOTAL LESS W-l b AND W-l c: LS. 1 400,000.00 400,000.00 LS. I 40,000.00 40,000.00 LF. 3,520 g0,00 316,800.00 LF. 786 100.00 78,600.00 LS. I 10,000.00 10,000.00 LF. 4.q8 35.00 18,065.00 LS. I 15,000.00 15,oo0.00 LF. 2,642 25,00 66,0~0.00 EA. 2 4,100.00 8,200.00 EA. 3 6,000.00 18,000.00 Include 20 0.00 0.00 EA. 3 1 ,g00.00 5,700.00 EA. 2 15,000,00 30,000.00 EA, 2 4,500.00 9,000.00 EA. 3 850,00 2,550.00 EA 2 2,200,00 4,,100,00 Inctude 6 0,00 0.00 Inctude I 0.00 0,00 Include I 0.00 0,130 Include 2' 0.00 0.00 LF. 80 75,00 8,000.00 0.00 0.00 0.00 0,00 Include I 0,00 0.00 Include 1 0.00 0.00 Include 9 0.00 0,00 8. F. 3,550 8.00 21,300.00 EA. 13 200.00 2,600.00 EA. 5 3,500,00 17,500.00 EA. 4 1,000.00 4,000.00 LF. 6,280 t .00 F.A. 19 300.00 5,700.00 EA. I 100,130 100.00 EA. 14 350.00 4,g00.00 EA. 3 e00.00 1,800.00 F..A. 8 1.00 8,00 EA. I 1,500.00 1,500,00 SU BTOTAL: St, 126,053.00 $1,716,637.50 $e47,453.00 II s~,.3a,437.5o I ITEM 17 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Joseph Kicak, Director of Public Works\City Engineer November 14, 1995 Professional Geotechnical Services Contract with Law/Crandall, Inc for Walcott Corridor, Project PW94-10 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate' Engineer RECOMMENDATION: That the City Council: Award a contract for Professional Geotechnical Services for the Walcott Corridor, Project PW94-10 to Law/Crandall, Inc. for $34,565.00 and authorize the Mayor to execute the contract. .Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,456.50 which is equal to 10% of the contract amount. BACKGROOND: On June 13, 1995, the City Council approved the construction plans and specifications, and authorized the Department of Public Works to solicit public construction bids. The Walcott Corridor Project will provide an all weather surface road (two travel lanes) from Nicolas Road to La Serena Way by way of Calle Girasol, Calle Chapos, and Walcott Lane. This project will raise and lower the existing grades of all the streets throughout the project which will require soil testing throughout the project. Law/Crandall, Inc. submitted a proposal to perform geotechnical services for the Walcott Corridor Project for in an amount not to exceed $34,565.00. Law/Crandall, Inc. is on the City's soils consultant list and are selected on a rotational basis. The Soils Engineer will provide grading, backfill, paving observations, field and laboratory testing, engineering consultation and a final project report as described in Exhibit "A", Scope of Services of the attached agreement. pwO4~agd~t'~95'xl 114X9410soH.agr FISCAL IMPACT: This is a Capital Improvement Project and will be funded by Measure A and Development Impact Fees. Funds are available for the professional services contract of $34,565.00and the contingency of $3,456.50 for a total of cost of $38,021.50. Attachment: Professional Services Contract pwO4~agdrpfi95 ~ 1114 ~941 (boll .agr CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREE1VIENT, is made and effective as of November 14. 1995, between the City of Temecula, a municipal corporation ("City") and Law/CrandaH, Inc., ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on November 14, 1995 and shall remain and continue in effect until tasks described herein are completed, but in no event later than November 14, 1996, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hemto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competcntly and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utiliTecl by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit' B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed THIRTY FOUR THOUSAND FIVE HUNDRED SIXTY FIVE DOLLARS and NO CENTS ($34,565.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.130). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services ' l ' r. X~ipXproje~\pw94-10~oi/. ngrlajp provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant' s control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event. that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of -2- City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, dam, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of Final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer ~es. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 00131 (Fxl. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. -3- r:. \cila'~a~'ojem \1n94-10~oih. qrla~ b. Minimum Limits of Insurance. Consultant shall maintain limits no less O) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's.Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any .claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to-be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in axty manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGALRESPONSIBILITIES. 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 cccasioned by failure of the Consultant to comply with this section.. '5- r.\cip~projccts~pv/~4-10~oils.afr/ajp 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with ~t to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43174 Business Park Drive Temecula, Califomia 92590 Attention: City Manager To Consultant: Law/Crandall, Inc. Robert A. Torres, Principal Engineer 9177 Sky Park Court San Diego, California 92123. 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Law/Crandall.Inc. shall perform the services described in this Agreement. Law/Crandall, Inc., may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Robert A. Tortes, Principal Engineer from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during. the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the fights, obligations, duties and liabilities of the paxties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parlies described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Attest: Jeffrey E. Stone, Mayor June S. Greek City Clerk -7- Approved As to Form: Peter M. Thorson City Attorney CONSULTANT LAW/CRANDALL, INC. Signature By: Robert A/Torres, Principal Engineer EXHIBIT A TASKS TO BE PERFORMED ~.XHII~IT "A" SCOPe. OF SF. RVlCFS PW 94-10 WALCOTT CORRIDOR GEOTECHNICAL OBSERVATION AuND TESTING The estimated fee is based on the indicated hours and laboratory testing. If we are requested for more hours than estimated, additional time will be necessary and will be billed on a time-and-expense basis in accordance with the rates given in the attached E,x. hibit "B" Payment SchedUle. We require a minimum charge of 3 hours per site visit. No additional charges will be made for travel to the site, unless we are requested for less than 3 hours per site visit. Our area of expertise does not include construction safety. Accordingly, our services will not include review of. nor responsibility for, construction safety during the course of this project. Grading Observation and Field Testing Services for this phase will include grading observation and testing by our field teclmician. Density tests will be performed on the fill materials using sand cone (ASTM Designation D1556-82) or nuclear (ASTM D2922-8 l) test methods. We estimate 240 technician-hours may be necessary for this phase of the overall 180-day construction duration. Backfill Observation and Field Testing Services for this phase will include periodic observation and testing of the water and storm drain utility trench bac~'ill. Our field tech. mcian will perform density tests using sand cone or nuclear test methods. We estimate 96 tecbmician-hours may be necessary for this phase of the project. Paving Observation and Testing Services. for this phase will include observation and testing of the pavement subgrade preparation. base course placement and compaction. and asphalt concrete placement and compaction. We estimate 160 technician-hours may be necessary for this phase of construction. Laboratory Testing Our laboratory testing will include three each of R-values (Cal 301), sieve analyses, sand equivalents, and durability indexes, and four laboratory compaction tests (ASTM D 1557-91). .. Engineering Consultation Services for this phase will include review of prior geotechnical recommendations provided by others, periodic field observation of the grading operatiois, attendance at 1 project meeting, and providing supplemental recommendations as necessary. We estimate approximately 20 hours of project engineer time and about 10 hours of principal engineer time for the project. Final Compaction Report Our final compaction report will be submitted within 15 days after completion of the project and will include a summary of our field observations and testing, and will present the results of the areas tested. The report will include a plan indicating the approximate locations of our tests. :, forn~,ARG-04 R:v i.'2"_92_ EXHIBIT "A" EXHIBIT B PAYMENT SCHEDULE ~XHInlT "B" PAYMFNT SCHF. DUI PROJECT NO. PW94-10 WALCOTT CORRIDOR GEOTECHNICAL OBSERVATION AND TESTING Hourly Rates: Soil Technician - Regular time ........................................................$ 55 Soil Technician - Overtime .............................................................$ 65 Laboratory Technician ..................................................................$ 55 Senior Laboratory Technician .........................................................$ 75 Staff Engineer/Staff Geologist .........................................................$ 80 Project Engineer/Project Geologist/Sr. Technical Writer ........................S 95 Senior Engineer/Senior Geologist .....................................................$1. 15 Principal Engineer/Principal Geologist ..............................................$135 Word Processor ...................................................................' .......$ 50 Drafter ......................................................................................$ 55 per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour Grading Observation and Field Testing (240 hours) ...................................................... Backfill Observation and Field Testing (96 hours) ........................................................ Paving Observation and Testing (160 hours) .............................................................. Laboratory Testing (3 R-values @ $220 ca., 3 sieve analyses @ $65 ca., 3 sand equivalents @ $85 ca.,.3 durability indexes @ $115 ca., and 4 laboratory compaction tests @ $145 ca.) ......................................................... Engineering Consultation (20 hours Project Engineer and 10 hours Principal) ..................... Final Compaction Report (Lump Sum) ..................................................................... :rOTAL ................................................................... $13,200 5,280 8,800 2,035 3,250 534,565 Payment is due within 30 days of the invoice date. 2: form.s~ARG-O~ Rev I;2,2/92 ITEM 18 CITY OF TEMECUL~ITY MANAGER~ AGENDA REPORT TO: City Council/City Manager FROM: ~ Joseph Kicak, Director of Public Works/City Engineer DATE: November 14, 1995 SUBJECT: Award of Contract for Right-Of-Way Weed Control Pre-Emergent and Post-Emergent Applications, Project No. PW95-24 PREPARED BY: ~z~ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: 1. Award a contract for Right-Of-Way Weed Control Pre-Emergent and Post-Emergent Applications, Project No. PW95-24to Pestmasters Services of Temecula in the amount of $25,755.47 and ~uthorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,575.55 which is equal to 10% of the contract amount. BACKGROUND: On September 26, 1995 the City Council approved the plans and specifications for Right-Of- Way Weed Control Pre-Emergent and Post-Emergent Applications, Project No. PW95-24, and authorized the Department of Public Works to solicit public bids for construction. The bids were publicily opened on November 2, 1995. This project includes Pre-Emergent and Post-Emergent Right-Of-Way Weed Control spraying in order to maintain a' neat, weed free right-of-way and in order to insure visibility at intersections. The engineer's estimate for this project was $35,000. Two (2) bids were received for the project and the results are as follows: Base Bid 1. Pestmasters Services ........................ $25,755.47 2. Diversified Landscape ....................... $34,926.63 The construction schedule is 45 working days. Work is expected to begin in November, 1995 and be completed by the end of December, 1995. -1- r:\agdrpt\95~1114\pw95-24.awd/ajp A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: The project is being funded from the Public Works Street Maintenance Account No. 100-164- 601-5402. The total project amount is ~28,331.02 which includes the contract amount of $25,755.47 plus 10% contingency of $2,575.55. Attachments: 1. Contract -2- r:%agdrpt%95\l 114%pw95-24.awdlajp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR Project No. PW95-24 RIGHT-OF-WAY WEED CONTROL PRE-EMERGENT AND POST-EMERGENT APPLICATIONS THIS CONTRACT, made and entered into the 14th day of November, 1995, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and PESTMASTERS SERVICES of TEMECULA, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.8. 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. PW95-24 RIGHT-OF-WAY WEED CONTROL, PRE-EMERGENT AND POST-EMERGENT APPLICATIONS, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (Latest Edition) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative -Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for Project No. PW95-24 RIGHT-OF-WAY WEED CONTROL, PRE-EMERGENT AND POST-EMERGENT APPLICATIONS. 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- 24 RIGHT-OF-WAY WEED CONTROL, PRE-EMERGENT AND POST-EMERGENT APPLICATIONS. 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. CONTRACT CA-1 r:~cip\projects\pw95-24\contract e e 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. 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. PW95-24 RIGHT-OF-WAY WEED CONTROL PRE-EMERGENT AND POST-EMERGENT APPUCATIONS All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: TWENTY FIVE THOUSAND SEVEN HUNDRED FIFTY-FIVE DOLLARS and FORTY-SEVEN CENTS ($25,755.47), the total amount of the base bid'. CONTRACTOR agrees to complete the work in a period not to exceed THIRTY (30) working days, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS. LUMP SUM BID SCHEDULE: Ae Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT CA-2 r:~cip\projects~pw95-24\contrect e 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. 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 completion of the work 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. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000-$75,000 $75,000-$500,000 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 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. CONTRACT CA-3 r:\cip\projects\pw95-24\contract 10. 11. 12. 13. 14. 15. 16. 17. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. 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 damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 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 CONTRACT CA-4 r:~cip~projects~pw95-24\contract 18. 19. 20. 21. 22. 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. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. ADA REQUIREMENTS. Contractor shall comply with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 'TERM This Agreement shall be for a period of one (1) year beginning November 14, 1995 and ending the 14th day of November, 1996, unless terminated or extended as provided. The City reserves the right of option to extend this Contract and to renegotiate rates from year to year commencing the first day of July of each fiscal year. In no event beyond the 14th day of November, 1999. 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 CONTRACT CA-5 r:\cip~projects\pw95-24\contract 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-6 r:\cip~projects~pw95-24%contract ITEM 19 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~/-) FINANCE DIREC OR CITY MANAGEI~~ CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 14, 1995 Award of 'Contract for City Wide Right-Of-Way Tree Trimming Program PREPARED BY:~ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: 1. Reverse the decision to award Citywide Right-of-Way Tree Trimming Program to Arbor- Pro Tree Service. 2. Award a contract for Citywide Right-of-Way Tree Trimming Program to L. Williams Landscaping, Inc. for $16,880.00 and authorize the Mayor to execute the contract. 3. Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,688.00 which is equal to 10% of the contract amount. BACKGROUND: This project includes 279 trees to be pruned by the City of Temecula's Pruning Standards. Three (3) bids were publicly opened on September 27, 1995 and results are as follows: Base Bid 1. Arbor-Pro Tree Service ....................... $12,555.00 2. L. Williams Landscaping, 'lnc .................... 16,880.00 3. West Coast Arborist, Inc ........................ 25,947.00 During the pre-construction meeting of October 27, 1995, Arbor-Pro Tree Service was notified that the use of tree climbing spurs were prohibited for any Citywide Tree Trimming Program. Upon that notification Arbor-Pro Tree Service submitted a letter to the City that an additional ~ 14.00 per tree would be required due to additional time required to trim each tree. Total additional costs would bring their bid to $16,461.00. (See Attachment A) In addition to the request for additional funding Arbro-Pro Tree Service could not comply with the construction schedule set in the terms of the contract. (See Attachment B) -1- r:~agdrpt~95~1114\treetrim.awd/skg L. Williams Landscaping Inc. can start work upon award of the contract. L. Williams Landscaping Inc. has performed satisfactory work for the City on past projects. The construction schedule is 18 working days. Work is expected to begin in November, 1995 and be completed by the end of December, 1995. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: The project is being funded from the Public Works Street Maintenance Account No. 100-164- 601-5402. The total project amount is $18,568o00which includes the contract amount of $16,880.00 plus 10% contingency of $1,688.50. Attachments: 1. Attachment A 2. Attachment B 3. Contract -2- r:%agdrpt\95\1114\treetrim.awd/skg $LIBMITTEDTO: ARBOR-PRO TREE SERVICE P.O. BOX 113 PH~(9oq) 674-7432 / 676-6798 CAL. STATE CONTRACTOR #C61-910122278 PRO~CONTRAC'r DATE TERMS City of Temecula Temecul.a, Ca. 92590 Attn: Brad Oct. 30, 1995 Pay on completion. City of Temecula Temecula, Ca. t PO. NO. FIELDADVI$C~ Jackie JOSNO. Project no. FY95-96-07 This is to notify the City of Temecula that an addition of $14.00 per tree will be added to our proposal upon notification that spurs will not be used during tree trimming. Tree work will require much .more time and therefore requires raising the price per tree. Total bidWill be-~59.00 per.tree. 279 trees for $16,461.00. 0C 'r 3 1 799~ Page 1 of 1 Tneunde,'s~nedag,,..;..k.,,i_~...,, ~ I ~nU".co,xrad. ACCEPTED BY PRK;E I $ ~UBMff"r~DTO: ARBOR-PRO TREE SERVICE P.O. BOX 113 TEMEClIA, CA 92593 PH/~c/oq ) 6747432 / 676-6798 CAL. STATE CONTRACTOR ~C61-910122278 PROPOSAL/CONTRACT City of Temecula Temecula, Ca. 92590 Attn: Brad DArE NOv; 2, 1995 I p.O. NO. FIELDAi:NISO~ TERMS JOe NO. Project No. FY95-96-07 This is to notify the City of Temecula that we are regretfully withdrawing our proposal at this time due the fact that we had made previous commitments and are unable to complete them in time to begin our work with the City of Temecula. So in all fairness we feel it would be in the best interest of the City of Temecula, to choose another contractor. Again we appologize for any inconvience this may have caused. Thank you for your consideration of this matter. Sincerely, Jackie Madariaga ACCEPTED B"f' ~ C CITY OF TEMECULA AGREEMENT THIS AGREEMENT, made this 14th day of November, 1995 by and between the City of Temecula a municipal corporation, duly organized and existing under and by virtue of the laws of the State of California ("City"), and L. Wi!liams Landscaping, Inc. hereinafter called the "Contractor". In consideration of their mutual promises contained herein, the parties agree as follows: 1. The Contractor, in consideration of the promises of the City hereinafter set forth, hereby agrees to furnish all tools, equipment, labor and materials necessary to perform and complete in a workmanlike manner, all of the work required for the construction of the improvements described in Work Order No. FY95-96-07 attached hereto. The work shall be performed according to the City of Temecula's Procedures For Informal Bidding For Public Works SWeet Maintenance Work Orders of $25.000 and Less than $75.000. Fiscal Year 1994-95. ("Informal Bidding Procedures"). Where the Work Order or the Informal Bidding Procedures describe portions of the work in general terms, but not in complete detail, the latest version of the City of Temecula, Department of Public Works Standards Drawings for Public Works Construction ("Standard Drawings"), and Standard Specifications for Public Works Construction, including al 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") shall control. Copies of the Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 In case of any conffict between the Standard Drawings and the Standard Specifications, the Standard Drawings shall control. Where the Work Order, the Informal Bidding Procedures, the Standard Drawings, or the Standard Specifications only 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. 2. The City, in consideration of the performance of this Contract, agrees to pay the Contractor and the Contractor agrees to accept in full satisfaction for the work done hereunder the sum of SIXTEEN THOUSAND EIGHT HUNDRED EIGHTY and NO CENTS dollars ($16.880.00), in accordance with the bid of the Contractor which sum shall be paid to the Contractor within the lime and in the manner set forth in the Informal Bidding Procedures, final payment to be made within thirty-five (35) days after filing Notice of Completion of said work and improvement with the Riverside County Recorder. R: ~nalm\tr~trim~lwillla ms. AGR/I 1/95ajp 3. Contractor, by executing the Contract, hereby certifies: "I am aware of the provision of Section 3700 of the Labor COde which requires every employer be insured against liability for Workman' s compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 4. 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 (Contmctor's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Principal, save and except claims or litigations arising through the sole active negligence or sole wffiful misconduct of the City. 5. Contractor and subcontractors shall obtain all necessary licenses, including but not limited to City business license. IN WITNESS WHEREOF, the City has caused its corporate name and seal to be hereunto subscribed and affixed by the [Mayor/City Manager] and attested to by the City Clerk, both thereunto duly authorized, 'and the Contractor has hereunto subscribed this Contract the day, month and year hereinabove written. CITY OF TEMECULA Jeffrey E. Stone, Mayor L. Williams Landscaping, Inc. 1338 N. Melrose Dr., Suite M Vista, CA 92083 By: Name: Title: RAmaint\tre~trimXiwilliams. AGR/l 1/95ajp ATTEST: June S. Greek, City Clerk (Dam) APPROVED AS TO FORM: Peter M. Thorson, City Attorney R: ~-naint\treetrlm~!williams. AGR/11/95 ajp PROJECT NO. FY95-96-07 CITY OF TEMECULA CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE This is to certify that , (hereinafter the "undersigned") declares to the City of Temecula, under oath, that it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any of the undersigned's agents, employees, or subcontractors used or in contribution to the execution of its contract with the City of Temecula with regard to the building, erection, construction or repair of that certain work of improvement known as: , situated in the Community of , City of Temecula, State of California, more particularly described as follows: The undersigned declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute Founds for any third party to claim a stop notice of any unpaid sums owning to the undersigned. Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or causes of action which exist or might exist in favor of the undersigned and the City of Temecula or which relate in any way to work performed by the undersigned with regard to the above referenced construction project. Funher, the undersigned expressly acknowledges its awareness of and waives the benefits of 1542 of the Civil Code of the State of California which provides: "A general release does not extend to clairrm which the crediWr does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially effected settlement with the debtor". This release is intended to be a full and general release of any and all claims which the undersigned now has or may, in the future, have against the City of Temecula and/or its agents and employees with regard to any matter arising from the construction or the above referenced project or the contract between the City and the Contractor with respect thereto whether such claims are now known or unknown or are suspected or unsuspected. Dated: By: R:Xmaint\tr~ctrim~iwilihms.AGR/l 1/95ajp ITEM 20 TO: FROM: DATE: SUBJECT: APPROVAL ~ ~ CITY ATTORNEY FINANCE DIRE ~ CITY MANAGERC~ CITY OF TEMECULA AGENDA REPORT City Council/City Manager  :~,Joseph Kicak, Director of Public Works/City Engineer November 14,1995 Award of Contract for FY95-96 City Wide A.C. Street Repair Project No. PW95-20 PREPARED BY: ~$~,~ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: 1. Award a contract for FY 95-96 Citywide A.C. Street Repair, Project No. PW95-20 to Hillcrest Construction in the amount of $57,110.00and authorize the Mayor execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $5,711.00 which is equal to 10% of the contract amount. BACKGROUND: On September 26, 1995 the City Council approved the plans and specifications for FY95-96 A.C. Citywide Street Repair Program, Project No. PW95-20, and authorized the Department of Public Works to solicit public bids for construction. The bids were publicily opened on October 19, 1995. This project includes removal and replacement of A.C. curb and gutter, overlay and removal and replacement of A.C. citywide. The engineer's estimate for this project was $125,000. Five (5) bids were received for the pr. oject and the results are as follows: Base Bid 1. Hillcrest Construction ....................... $57,110.00 2. Ruiz Construction .......................... $71,613.78 3. Laird Construction .......................... $73,773.73 4. IPS Services .............................. $82,701.25 5. Nelson Paving ............................ $100,196.54 -1 - r:\agdrpt\95\1114\pw95-20.awd/ajp The construction schedule is 45 working days. Work is expected to begin in November, 1995 and be completed by the end of December, 1995. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: The project is being funded from the Public Works Street Maintenance Account No. 100-164- 601-5402. The total project amount is $62,821.00which includes the contract amount of $57,110.00 plus 10% contingency of $5,711.00. Attachments: 1. Contract -2- r:\agd rpt~95\ 1114\p w95- 20 .a wd lajp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW95-20 FY 95-96 CITYWIDE A.C. STREET REPAIRS THIS CONTRACT, made and entered into the 14th day of November, 1995, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Hillcrest Construction, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.a. 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. PW95-20 FY 95-96 CITYWIDE A.C. STREET REPAIRS, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications ('1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard SPecifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW95-20 FY 95-96 CITYWIDE A.C. STREET REPAIRS. 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. PW95-20 FY 95-96 CITYWIDE A.C. STREET REPAIRS. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions.. Where the Contract Document describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 r:\cip\projects\pw95-20/ajp The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW95-20 FY 95-96 CITYWIDE A,C. STREET REPAIRS All of said 'work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: FIFTY-SEVEN THOUSAND ONE HUNDRED TEN DOLLARS and NO CENTS l$57,110.00), 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. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS. LUMP SUM BID SCHEDULE: Ae Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT CA-2 r:\cip\p rojects\p w95-20/ajp 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. Interest shall be paid on all undisputed payment requests not paid withi'n 30 days pursuant 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 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 f~or unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. CONTRACT CA-3 r:\cip\projects\pw95-20/ajp 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. 11. TIME OF THE ESSENCE. Time is of the essence in this contract. 12. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 13. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, .agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this · project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 15. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. CONTRACT CA-4 r:\cip\projects\pw95-20/ajp 17. 18. 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. 19. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 20. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 21. 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: CITY OF TEMECULA By: Jeffrey E. Stone, Mayor CONTRACT CA-5 r:\cip\projects\pw95-20/ajp APPROVED AS TO FORM: Peter M. Thorson City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-6 r:\cip~lorojects\pw95-20/ajp ITEM 21 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 14,1995 Award of Contract for FY95-96 Citywide P.C.C. Repairs Project No. PW95-21 PREPARED BY: ~l~Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: Award a contract for FY 95-96 Citywide P.C.C. Repairs, Project No. PW95-21 to West Coast Construction in the amount of $38,951.00and authorize the Mayor execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,895.10 which is equal to 10% of the contract amount. BACKGROUND: On September 26, 1995 the City Council approved the plans and specifications for 95-96 P.C.C. Citywide Repair Program, Project No. PW95-21, and authorized the Department of Public Works to solicit public bids for construction. The bids were publicily opened on October 19, 1995. This project includes removal and replacement of curb and gutter, sidewalk, cross gutters and storm drain facilities citywide. The engineer's estimate for this project was $125,000. Five (5) bids were received for the project and the results are as follows: Base Bid 1. West Coast Construction ...................... 38,951.00 2. Chino Construction Inc ........................ 47,769.60 3. Excel Commercial ........................... 49,184.00 4. Camino Irvine .............................. 54,421.00 5. Hillcrest Construction ........................ 64,457.00 -1- r:\agdrpt~95\1114\pw95-21 .ewd/ajp The construction schedule is 45 working days. Work is expected to begin in November, 1995 and be completed by the end of December, 1995. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: The project is being funded from the Public Works Street Maintenance Account No. 100-164- 601-5402. The total project amount is $42,846.10 which includes the contract amount of $38,951.00 plus 10% contingency of $3,895.10. Attachments: 1. Contract -2- r:\agdrpt\95\1114\pw95-21 .awd/ajp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW95-21 FY 95-96 CITYWIDE P.C.C. REPAIR PROGRAM THIS CONTRACT, made and entered into the 14th day of November, 1995, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and West Coast Construction,' hereinafter referred to as "CONTRACTOR." WITNESSETH: 1.a. 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, PW95-21 FY 95-96 CITYWIDE P.C,C, REPAIR PROGRAM, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (.1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard SPecifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW95-21 FY 95-96 CITYWIDE P.C.C, REPAIR PROGRAM. 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. PW95-21 FY 95-96 CITYWIDE P.C.C. REPAIR PROGRAM. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions. Where the Contract Document describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 r:\cip\projects\pw95-21/ajp The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. 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. PW95-21 FY 95-96 CITYWIDE P.C.C. REPAIR PROGRAM All of said work tO be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. 4. 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: THIRTY-EIGHT THOUSAND NINE HUNDRED FIFTY-ONE DOLLARS and NO CENTS ($38,951.00),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. CHANGE ORDERS. All change o~ders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. CONTRACT CA-2 r:\cip\projects\pw95-21/ajp 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 onesyear 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 b'y the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. 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,O00 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 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 controJ of and without the fault or negligence of the CONTRACTOR including delays caused by CITY.' CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. CONTRACT CA-3 r:~cip\projects\pw95-21/ajp 10. 11, 1.2, 13, 14, 15, 16, 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. 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 damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 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. CONTRACT CA-4 r:\cip\projects\pw95-21/ajp 17. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY, 18. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 19. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 20. GOVERNING LAW. This Contract and any dispute arising hereunder slYall 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: CITY OF TEMECULA By: Jeffrey E. Stone, Mayor CONTRACT CA-5 r:\cip\projects~pw95-21/ajp APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-6 r:\cip\projects\pw95-21/ajp ITEM 22 TO: FROM: DATE: SUBJECT: APPROVAL ~ CITY ATTORNEY ~ ~ FINANCE DIRE ~ ~-- CITY MANAG CITY OF TEMECULA AGENDA REPORT City Council/City Manager (~Josel3h Kicak, Director of Public Works/City Engineer November 14, 1995 Completion and Acceptance of the Rancho Vista\Mira Loma Dr. Sidewalk Improvements, Project No. PW94-19 PREPARED BY:/~; Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council accept the Rancho Vista\Mira Loma Dr. Sidewalk Improvements, Project No. PW94-19, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens' have been filed. BACKGROUND: On July 25, 1995, the City Council awarded a contract for the Rancho Vista\Mira Loma Dr. Sidewalk Improvements, Project No. PW94-19, to Sean Malek Engineering & Construction Inc. for $30,590.00. The project. installed a continuous sidewalk around Vail Elementary School on the Mira Loma and Rancho Vista Drive and on the south side of Rancho Vista Road at the east end of Temecula Valley High School. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. pwO41r: ~dq~t~95 ~ 11 ! 4~94- ! 9 FISCAL IMPACT: The contract amount for this project was $30,590.00. Contract Change Order No. I was approved by the City Manager in the amount of $2,522.00. The total construction cost was $33,112.00. This project is a Capital Improvement Project and is being funded 80% from SB- 821 funds. Attachment: Notice of Completion Maintenance Bond Contractor's Affidavit !,eO4/r:.~agdrptLqS~l I 14~,-w94- ! 9 .ace RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 43174 Business Perk Drive Temecula, CA 92590 SPACE ASOVE THIS UNE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43174 Business Park Drive, Temecula, California 92590. ::3. A Contract was awarded-by the City of Temecula to Sean Malek Engineering & Construction, Inc. to perform the following work of improvement: Rancho Vista/Mira Loma Dr. Sidewalk Improvements. 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on November 14, 1995. That upon said contract the Washington Intemational Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW 94-19. · 6. The street address of said property is: VARIOUS LOCATION THROUGHOUT THE CITY OF TEMECULA. Dated at Temecula, California, this __ day of · 1995. JUNE S. GREEK, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss I., June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this day of ,1995. JUNE S. GREEK, City Clerk i:ormdCl~-00! R~v. 12-5-91 pwO4~pw94-19\com~Dletn.not 102395 E~8 'd 009~ ~ 606 BOHD S661-61-130 ~ S-400 8158 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW94..19 RANCHO VIST,4/MIRA LOMA DR. SIDEWALK IMPROVEMENTS KNOWALL MEN BY THESE PRESENTS THAT: 29995 STEEL HF_Jd) DRIVE SEAN MALEK ENGINEERING & CONSTRUCTION CANYON LAKE, CA 92587 NAMEAND AOORESSOFCONTRACTOR a CORPORATION , hereins.fret cs!!ad P~incipsl, and (fill in whether · Cotl~o~atlo~, Partnership or indtvlduall 1930 THOREAU DRIVE,' SUITE 101 WASHINGTON INTERNATIONAL INSURANCE COMPANY SCHAUMBURG, IL 60173 NAME AND ADDRESS OF SURETY . heretnafte called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinaftercalledOWNER, in the penal sum of THIR~'t' THOUSAI;I) FIVE it~!)KED NZHE~_'~ DOLLAR~ mad NO/100-- CENTS |$ $30 , 590 . 00--- ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into · certain Contract with the OWNER, dated the day of ,19 , a copy of which is hereto attached and made a pa.rt hereof for the construction of PROJECT NO. PW94-19 RANCHO VISTA/MIRA LOMA DR. SIDEWALK IMPROVEMENTS. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of ~ year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed., and was approved on 19 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the said Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of Mid work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain In full force and virtue, dtherwise this Instrument shall be void. MAINTENANCE 80NB M, 1 e:%~/I)~teJeotm~lewl4-t ~E~kO~. £0 'd 6£:EI S66~-6~-130 Signed and sealed this 20TB day of OCTOB[R (Seal) I4ASHINGTON ' l INSURANCE COMPANY ~CHAEL A. Q~GLEY -/ (Name) A~O~-IN-FA~ ~itle) APPROVED AS TO FORM: Peter M. ThoraM, City Attorney ,19 95. SF_4,N MALEK ENGINEERING & CONSTRUCTION (Name) (Title) By: (Name) {Title) II I MAINTINANCie BOND M-2 r:t~dl,%erohete%pwe4- I SVaklpk0~ eeh STATE OF CALIFORNIA COUNTY OF ORANGE On OCTOBER 20,, 1995 PERSONALLY APPEARED , before me, . S5. N, TREDINNICK, NOTARY PUBLIC 14ICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- · edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behaff of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signa re C,'rtj This area for Official Notanal Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A'H'ACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL ]'ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTI'Pf(IES) SIGNER(S) OTHER THAN NAMED ABOVE I.~.,,.~, ,~,.,' .,.4 AI.I.-PURPOSE ACKNOWI.EDGEMENT WASHINGTON INTERNATiONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL BY THESE pRESENTS: That the Washington International Insurance Comapny, a corporation organized and existing under the .sot tile Slate of Arizona, and having its principal oilice in the Village of Schaumburg, Illinois does hereby constitute and appoinl SHA WN BLUME, JENNIFER JOHNSTON, MICHAEL A. QUIGLEY AND DWIGHT REILL Y EACH IN THEIR SEPARATE CAPACITY its true and lawful attorrmy(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required. or permitted by law, statute. rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents. shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the samk~ has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2,0OO,0OO.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The Chairman of the Board. President. Vice President. Assistant Secretary. Trer~surer and Secretary may designate Attorneys-in- Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds,. and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove. at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President. Assistant Secretary, Treasurer and Secretary. and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. J~J TESTIMONY WHEREO~.~.~,~ hington International Insurance Company has caused this instrument to be signed and its corporate to be affixed by~~li;r, this 2.d day of November, 1994. ~ ~% ARIZONA ~ ~illiam D. Sterrett, Chairman of the Board COUNTY OF COOK) On this 2nd day of November, 1994, before me came the individual who executed the preceding instrument. to me personally know. and. being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixe~ to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. STATE OF ILLINOIS) COUNTY OF COOK) I. the undersigned, Secretary ol WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIF'r that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 111. ~ction 5 of the By-Laws of the Corporation. and the Resolution of the Board of Directors, set forth in the Power of Attorney. are now ~rce. ~gned and sealed in the County of Cook. DThe 2_.0._~'t'~l Jay of 0C'r0BEP~ , 19 95 · I ewis M Mneller, Secretary CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW94-19 RANCHO VISTA/MIRA LOMA DR. SIDEWALK IMPROVEMENTS This is to certify that ---~/Y~/,F_Jf ~-9~ ;~ ~,~,~ 7'/~ C {hereinafier the "CONTRACTOR") declares to the City of Temecula, under oath, that heat ~as paid in full for all materials, supplies, labor, sewices, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcomractors used or in contribution to the execution of it's contract with the C~y of Temecula, with regard to the building, erection, construction, or repair of that ce~ain work of improvement known as ~OJE~ NO. ~19 ~CHO ~~1~ LO~ DR. SID~~ IM~O~~ situated in the City of Temecula, State of California, more pafficularly described as follows: INSERT ~TLE OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: -- Description Dollar Amount to Dispute o Pursuant to Public Contracts Code ~7200,the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. Dated: - CONTRACTOR By: S re~~ Print Name and Title RELEASE R-1 r:%cip%projects%pw94-19%bidpkg\ Signed and sealed this ~ day of o 19 (Seal) SURETY By: (Name) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL By: (Name) (Title) By: (Name) (Title) MAINTENANCE BOND M-2 r:~o~rojects~pw94-19~bidl~k.g~ eeh ITEM 23 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY , .'? CITY OF TEMECULA AGENDA REPORT City Council/City Manager  _~,Joseph Kicak, Director of Public Works/City Engineer November 14, 1995 Completion end Acceptance of the Access Ramps, Project No. PW95-04 PREPARED BY: ~r Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council accept the Access Ramps, Project No. PW95-04, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On August 8, 1995, the City Council awarded e contract for the Access Ramps, Project No. PW95-04, to Seen Malek Engineering and Construction, Inc. for $25,200.00. This project modified 23 concrete handicap access ramps at various locations throughout the City to comply with the most recent Americans with Disabilities Act (ADA) requirements. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. p~vO4/r:.~mgdrpt~95~,l 114~Fw95-O4.ae~ FISCAL IMPACT: The contract amount and total cost for this project is $25,200.00. No changes to the contract were required during the construction of this project. This project is a Capital Improvement Project and is being funded by Community Development Block Grant (CDBG) funds. Attachment: Notice of Completion Maintenance Bond Contractor'$ Affidavit pwO4/r:%agdrpt\95%l I 14%pw95-.O4.m:c RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 43174 Bueinese Padc Drive TeNmale, CA 92590 SPACE ABOVE TH~ UNE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43174 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded. by the City of Temecula to Sean Malek Engineering & Construction, Inc. to perform the following work of improvement: Access Ramps 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on November 14, 1995. That upon said contract the Washington International Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW 95-04. .6. The street address of said property is: VARIOUS LOCATION THROUGHOUT THE CITY OF TEMECULA. Dated at Temecula, California, this _ day of · 1995. JUNE S. GREEK, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of i~edury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly oFdered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this day of · 1995. JUNE S. GREEK, City Clerk FormdCIP-00! R~v. 12-5-9! pwO4%pw95-OS\completn.not 102395 pO 'd 009L ~PE 606 BOND S66;-6I-1D0 S-400 8161 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW95.04 ACCESS RAMPS KNOW ALL MEN BY THESE PRESENTS THAT: SEAN MALEK ENGINEERING & CONSTRUCTION, 29995 STEEL HEAl) DRIVE, NAME AND ADDRESS OF CONTRACTOR CANYON LAKE, CA COlORaTION , harelnafter called Principal, and (fill ifi whether a Corporation, Pafrnership of tfidivlduall 1930 THOREAU DRIVE, SUITE 101 WASHINGTON INTERNATIONAL INSURANCE COMPANY, SCHAHMBURG, IL 60173 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held end firmly bound unto CITY OF TEMECULA, hereins fret called OWNER, in the penal sum of TWENTY FIVE THOUSAND SEVEN HUNDRED DOLL~ arid NO/100.---- CENTS {$ $25,700.00. ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the day of ,19 , a copy of which is hereto attached and made e.part hereof for the construction of PROJECT NO. PW95-O4ACCES8 RAMPS. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of ~ year after approval of the final estimate on Mid job, by the OWNER, against eli defects in workmanship and matedais which may become apparent dudng aid period; and WHEREAS, the add Comra~"t has 19.___. been completed, and was approved on NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the said Contract, the work done under the terms of said Contract shall disclose poor workmanship In the execution of add work, and the carrying out of the terms of add Contract, or It shell appear that defective matedde were furnished thereunder, then this obligation shall remain In full force end virtue; othmwlse this Instrument shell be void, MAINTENANCE BOND S0'8 ~£6 89~ ~ 606 0~£I S~I-6I-IDO 81gned and Naiad this 20TB day of {Seal) (Name} ATTORNET-ZN-FACT (Tidal APPROVED AS TO FORM: Peter M. Thorson, CIty Attorney OCTOBER ,19 95 COMI'ANY S~ IdAI,.EK ENCIIqEERINC & CONSTRUCT] ... {Name} INams) (TIde} iii MAINTENANCE IOND M.2 STATE OF CALIFORNIA COUNTY OF ORANGE On OCTOBER 20,. 1995 PERSONALLY APPEARED , beforeme, M. TREDINNICK, NOTARY PUBLIC MICHAEL A. QUIGLEY personally known to 'me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ theix signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WHNESS my hand and official seal. Signature ~~ N COMM. #1053083 ;~ :ARY PU'3LIC - CALIFORNIA MO:.,oORANGE COUNTY This area for Official Notarial Seal OPTIONAL Though the data below is not ~:equired by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT 'RTLE(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ,~-,,.,1,4,,,. ....., AI.I.-PURPOSE ACKNOWI.EDGEMENT WASHINGTON INTERNATiONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington Inlernational Insurance Comapny, a corporation organized and existing under the "" ',s of the State ol Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby conslitule and appoint SHA WN BLUME. JENNIFER JOHNSTON, MICHAEL A. QUIGLE17 AND DWIGHT REILI. 17 EACH IN THEIR SEPARATE CAPACIT17 its true and lawful attorr~ey(s)-in-fact to execute. seal and deliver for and on its behalf as surety, any and all bonds and undertakings. recognizances. contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute. rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents. shall be as binding upon the said Washington International Insurance Company as fully and amply. to all intents and purposes, as il the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2,000.000.00 for any single obligation. This Power of Attorney is issued pursuant to author'fry granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The Chairman of the Board, President, Vice President. Assistant Secretary, Treasurer and Secretary may designate Attorneys-in- Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds.. and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President. Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. L~ TESTIMONY WHEREO~.=.4be~,~ hington International Insurance Company has caused this instrument to be signed and its corporate COUNTY OF COOKI On this 2nd day of November, 1994, before me came the individual who executed the preceding instrument, to me personally know. and. being by me duly sworn. said that he is the therein described and authorized olficer ol the Washington International Insurance Company; that the seal affixe~ to said instrument is the Corporate Seal of said Com~-any; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. , STATE OF ILLINOIS) COUNTY OF COOK) I. the undersigned, Secretary ol WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIF~r that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III. --~ection 5 of the By-Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney. are now orce. ~igned and sealed in the County of Cook. DThe 2_.0.._I~!] Jay of OC'_rOBER , 19 95 · lewis M. Meeller, Secretary CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFRDAVIT AND RNAL RR I::ASE PROJECT NO, PW95-04 ACCESS RAMPS This is to certify that ~'~AA/////A/,F--~ E~o~ L/~-~ T/~/t , (hereinafter the "CONTRACTOR") declares to the City of Temecula, ~jnde ath, that heat has paid in full for all materials, supplies,-iabor, services,-tools,'equipment, 'and--all other-bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW95-04 ACCESS RAMPS situated in the City of Temecula, State of California, more particularly described as follows: ACCESS RAMPS The CONTRACTOR declares that it knows of no unl~aid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice against .of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereb'' disputes the following amounts: Description Dollar Amount to Dispute c~ Pursuant to Public Contracts Code § 7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. -Dated: CONTRACTOR Signature Print Name and Title RELEASE R-1 Signed and sealed this __ day of ,19 . (Seal) SURETY By: (Name) (Tide) APPROVE) AS TO FORM: Peter M. Thorson, City Attorney PRINGIPAL By: (Name) rnde) By: (Name) (T'ide) MAINTENANCE BOND M-2 ITEM 24 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer November 14, 1995 "No Parking" Zones on the East Side of Front Street from SR 79(S) to Santiago Road PREPARED BY: Martin C. Lauber, Traffic Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONES ON THE EAST SIDE OF FRONT STREET FROM SR 79(S) TO SANTIAGO ROAD ADJACENT TO ALL DRIVEWAYS BACKGROUND: The Department of Public Works staff received a request for red curb adjacent to existing driveways along Front Street, due to the recent increase of on-street parking generated by a new business. Soon after this contact, the police informed our office of the possible need to increase sight distances restricted by parked vehicles. These allegations were confirmed during our field review and substantiated by a traffic collision between the exiting vehicles colliding with a northbound motorists. On October 25, 1995, the Traffic Division issued an emergency work order to have red curb painted adjacent to each driveway, totalling approximately 540 feet. We restricted 40 feet to the south and 20 feet to the north of each driveway. At the October 26, 1995, meeting of the Public/Traffic Safety Commission, staff reported on the need to restrict parking adjacent to driveways on the east side of Front Street south of Santiago Road, to extend the existing sight distances. The concern was that a serious public safety issue has been created and needed immediate attention. The Public/Traffic Safety Commission voiced no objections to staff's recommendation for City Council to approve "No Parking" zones as per the attached resolution. r:Nagdtpt\95\ 1114~noprkfro .agn/ajp On October 27, 1995, our Maintenance Division completed the painting as requested. The Department of Public Works is requesting the support of the City Council to substantiate our emergency implementation of red curb parking restrictions adjacent to all driveways on the east side of Front Street south of Santiago Road. FISCAL IMPACT: Funds are available in the Department of Public Works Sign account No. 100-164-602-5410. 540' - Red Curb at $.58/L.F. = $313.20 Attachments: Resolution No. 95- Exhibit "A" - Location Map r:~agdrpt\95\l 114~noprkfro.agn/ajp RESOLUTION NO. A RESOLUTION OF THE CITY COUNCH,, OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONES ON THE EAST SIDE OF FRONT STREET FROM SR 79(S) TO SANTIAGO ROAD ADJACENT TO ALL DRIVEWAYS The City Council of the City of Temecula does resolve, determine and order as follows: Section 1. Pursuant to Section 10.16.160, of the Temecula Municipal Code, "No Parking" zones are hereby established in the City of Temecula on the east side of Front Street from SR 79(S) to Santiago Road 40 feet south of and 20 feet north of all driveways. Section 2. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVFJ} AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 14th day of November, 1995. ATTEST: Jeffrey E. Stone, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 95-__ was duly adopted at a regular meeting of the City Council of the City. of Temecula on the 14th day of November, 1995 by the following roll call vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: June S. Greek, City Clerk r:Xagdrpt\95\l 114~noprkfro.agn/ajp NORTH FRONT LOCATION MAP Exhibit "A" ,,- ITEM 25 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Ronald E. Bradley, City Manager DATE: November .14, 1995 SUBJECT: PREPARED BY: Award of Construction Contract For Parkview Site Improvement Project, Phase 1, Fire Station 84- Project No. PW95-09CSD (~Shawn D. Nelson, Director of Community Services ~)on Spagnolo, Principal Engineer - Capital Projects Edward Stone, Assistant Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve the plans and specifications and award a contract for Parkview Site Improvement Project - Phase 1, Fire Station 84, Project PW95-09CSD, to Great West Contractors for the base bid and the two alternates in the amount of $1,970,842.46 and authorize the Mayor to execute the contract and; Authorize the Mayor to approve change orders not to exceed the contingency amount of $197,084.24which is equal to 10% of the contract amount· BACKGROUND: On January 24, 1995, the City Council authorized the preparation of construction plans and specifications, and authorized the Department of Public Works to solicit public bids for construction. The design of the project includes grading of the existing site, disposal of excess earth on the Sports Park site, construction of a new, single story Fire Station, site landscaping, on-site utilities, an 8" sewer main in Pauba Road, widening of the North side of Pauba Road from Margarita to west of Showalter, road repairs and a 2" asphalt overlay. Two alternates were also proposed for the project. They consisted of constructing the rear parking lot with concrete instead of asphalt, and constructing an above ground fuel dispensing system. The estimated construction cost for this project was $1,979,000.00. - 1 - r:%agdrpt\ 1114/pw95-Ogcsd .awd/ajp Bids for the project were publicly opened on October 19, 1995 and the results shown below include the base bid and the two alternates. 1. Great West Contractors ................. $1,970,842.46 2. Gibralter Construction .................. $2,069,428.81 3. Young Contractors ..................... $2,095,388.10 4. D.M. Erickson Construction ............... $2,111,043.93 5. The Gorham Company ................... $2,138,914.00 6. T.B. Penick & Sons ..................... $2,164,792.00 7. M.R. Bracey Construction ................ $2,177,064.44- 8. Gib-Son Construction .................... $2,185,171.00 9. Fischbeck Construction .................. $2,264,819.85 10. J. Murrey Construction .................. $2,343,115.63 11. Del Mar Pacific ............. ' .......... $2,525,142.70 12o Martin J. Jaska ...................... Incomplete Staff has contacted the State Contractors License Board and confirmed that the license is current and in good standing. We have also contacted references supplied by Great West Contractors regarding the quality, timeliness and accuracy of previous work. We have received favorable comments from private companies and other Government agencies for work of a similar scope, including construction of a Fire Station in Orange County. The construction schedule is for one-hundred ninety two (192) working days. Work is expected to begin in early December, 1995 and be completed by the beginning of September, 1996. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: The Fire Station facility and site improvements will be funded by Fire Mitigation funds budgeted in the City's Capital Improvement Program for FY 1994-1995, Account No. 210- 190-626-5804,and the improvements to Pauba Road will be funded with Development Impact Fees, account No. 210-165-660-5804. ATTACHMENTS: Great West Contractors Construction Contract -2- r:Nagdrpt\ 1114/pw95-O9~sd.awdlajp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW95-O9CSD PARKVIEW SITE IMPROVEMENT PROJECT - PHASE I FIRE STATION 84 THIS CONTRACT, made and entered into the 14th day of November, 1995, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and GREAT WEST CONTRACTORS, INC., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1 .a. 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-OgCSDPARKVIEW SITE IMPROVEMENT PROJECT, PHASE I, FIRE STATION 84, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically'referenced in the Plans and Technical Specifications, and the latest version of the Standard SPecifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of - the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO~ PW95-09CSD PARKVIEW SITE IMPROVEMENT PROJECT, PHASE I, FIRE STATION 84. 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, PW95-09CSD PARKVIEW SITE IMPROVEMENT PROJECT, PHASE I, FIRE STATION 84. 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. 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. 2. 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. PW95-09CSD PARKVIEW SITE IMPROVEMENT PROJECT - PHASE I FIRE STATION 84 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. 3. 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. 4. 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 MILLION, NINE HUNDRED SEVENTY THOUSAND, EIGHT HUNDRED FORTY TWO DOLLARS and FORTY SIX CENTS ($1,970,842.46),the total amount of the base bid, Alternate Bid No. 1 and Additive Bid No. 2. CONTRACTOR agrees to complete the work in a period' not to exceed ONE HUNDRED NINETY TWO(192) 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. LUMP SUM BID SCHEDULE: A. Before submittal of the first payment request, the CONTRACTORshall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B. 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. C. 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. D. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. 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. 9. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. 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. 11. TIME OF THE ESSENCE. Time is of the essence in this contract. 12. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly. or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 13. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 15. CONTRACTOR'S AFFIDAVIT. After-the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 17. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 18. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 19. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 20. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 21. 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: DATED: APPROVED AS TO FORM: Print or type NAME Print or type TITLE CITY OF TEMECULA By: Jeffrey E. Stone, Mayor Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk ITEM 26 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager /~Joseph Kicak, Director of Public Works/City Engineer November 14, 1995 Accept Grant of Easements for Walcott Corridor, Project PW94-10 PREPARED BY:/~ Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR PUBLIC ROAD AND DRAINAGE PURPOSES ON WALCOTT LANE AND LA SERENA WAY BACKGROUND: The Walcott Corridor project will provide for two (2) travel lanes (total of 28' of pavement width) within a 66' wide right-of-way on Walcott Lane and 88' wide right-of-way on La Serena Way. The alignment will follow the existing right-of-way, except Walcott Lane which will be realigned to form a 90 degree intersection with the proposed extension of La Serena Way. Also, grading for the new road will change the elevation of the existing road and necessitate slope and drainage easements. The attached legal descriptions and plats are adjacent to the intersection of Walcott Lane and La Serena Way and are incorporated into 2 separate documents, one has a total of nine (9) parcels which contain four (4) right-of-way & five (5) slope and drainage easements. The second has two (2) parcels which contain one right-of-way and one slope and drainage easement. Both documents are required since no right-of-way exist for the new alignment of Walcott Lane and La Serena Way. The owner of these parcels has reviewed the project plans and legal descriptions and has agreed to dedicate the necessary easements for this project. The proposed road improvements for the Walcott Corridor will not be accepted into the City- Maintained street system until all the street improvements have been completed and accepted by the City Council. r: Nagdrpt\95\ 1114\wslcou.cas FISCAL IMPACT: No fiscal impact is anticipated from accepting the right-of-way dedications for the Walcott Corridor. ATTACHMENTS: 1. Resolution r:~agdrpt\95\1114\walcolt.eas RESOLUTION NO. 9~- A RESOLIfrION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION FOR PUBLIC ROAD AND DRAINAGE PURPOSES ON WALCOTT LANE AND LA SERENA WAY The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, portions ofproperty at the extension of La Serena Way and the realignment of Walcott Lane as shown in Exhibit "A" , attached hereto, have been offered for dedication to the City: WHEREAS, the legal descriptions for the dedications are set forth in Exhibit "B", attached hereto: WHEREAS, the dedications are easements for road and drainage purposes and are necessary to construct the street improvements on Walcott Lane and La Serena Way. NOW, TIIEREFOR, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the City of Temecula accepts the offers of dedication on Walcott Lane and La Serena Way. Section 2. The City Clerk' shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 14th of November, 1995. ATI'EST: Jeffrey E. Stone, Mayor June S. Greek City Clerk r:Xagdrpt\95Xl 114\walcolz.eas STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. '-Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 95-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 14th day of November, 1995, by the following vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILlv~=~MBERS: ABSTAIN: - COUNCILMEMBERS: r:Xagdrpfi95\l 114\wslcoU.~s EXHIBIT "A" Key Map EXHIBIT KEY MAP 7'R,4C7- NO. 23a20 TT NO, 23209 RIGHT-OF-WAY TO BE EXCEPTED FOR pUBLIC ROAD AND DRAINAGE pURPOSES TRACT NO. 221~1,S EXHIBIT "B" Legal Descriptions (To be attached to final resolution) RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: June Greek City Clerk City of Temecula 43174 Business Park Drive Temecula, California, 92590 EXEMPT FROM RECORDER'S FEES pursuant to Government Code Sections 6103 and 27383 GRANT OF EASEMENT For a~a e co id,~..eration, the receipt of which is hereby-acknowledged, OF TEMECULA, a municipal corporation (the "City"), an easement for public right of way and utility purposes (the "Easement") legally described in Exhibit A, attached hereto and incorporated herein by this reference, subject to the conditions, covenants, restrictions and reservations contained herein. 1. This Grant of Easement is made with respect to the following facts which Grantor acknowledges as true and correct: a. Grantor is the owner of certain real property situated in the County of Riverside, State of California, more particularly described as set for the on Exhibit B, attached hereto and incorporated herein by this reference (the "Property"). 2. The Easement shall be a right of way and the public shall have rights of access and use consistent-with the Easement's use as a public street. 3. The City shall construct all of the necessary street improvements upon the Easement in accordance with the City standards and P.W. 94-10 Street Improvement Plans. to be executed, this /,.~ - ,1995. GRANTOR a~vo~nia Ange~ca, T~ . ALL-PURPOSE ACKNOWrI-~'DG~ Sum of 01~orn/a ) / ~pp~ ~von~a An~e] ~ca, l~stee / [] , personally personally knov~n to me -OR- proved to me on ~he basis of mtisfacmry evidence m be ~he person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that he,/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/the~ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Wimess my hand and official seal. SIGNATURE OF NOTARY BY SIGNER [] [1 mDBrmUAL(S) OFFiCER(S) Crrrr-~[s]): [l [1 [1 [1 [1 PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR CHAIRPERSON/MAYOR OTWh'Rz _ SIGNER IS REPRESENTING: LAXl:l148gO.1 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) TFiIS IS TO CERTIFY that the interest in r~ property conveyed by the attached Grant of Easement, dated ,1995 from , a Grantor, to the City of Temecula, is hereby accepted by order of the City Council of the City of Tcmecula on 1995, and the Grantee consents to recordafion thereof by its duly authorized officer. Dated: ,1995. CITY OF ~CU'LA BY: JEFFREY STONE Mayor LAX2:12~g0.1 ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92590 LEGAL DESCRIPTION Revised February 27, 1995 December 14, 1994 JN 400617-M1 Page 1 of 7 WALCOTT LANE AND LA SERENA WAY SLOPE, DP~AINAGE AND RIGHT-OF-WAY EASEMENTS PARCELS 5 AND 7 OF PMB 1/44-46 Those certain parcels of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Parcels 5 and 7 of a parcel map filed in Book 1, Pages 44 through 46 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as follows: Parcel I (La Serena Way) A strip of land 88.00 feet wide, the centerline of which is described as follows: COMMENCING at the southwesterly corner of said Parcel 5; thence along the southerly line of said parcel South 89°31'08'' East 101.97 feet to the non-tangent intersection with a curve in the centerline of La Serena Way as shown on a map of Tract No. 22148 filed in Book 202, Pages 92 through 104 of Maps in said Office of the Riverside County Recorder, said curve being concave southeasterly and having a radius of 1600.00 feet, a radial line of said curve from said intersection bears South 42'20'43" East, said point being the TRUE POINT OF BEGINNING. thence along the northeasterly continuation of said curve as shown on said tract map northeasterly 351.88 feet through a central angle of 12°36'03" to a point hereinafter referred to as Point "A"; thence continuing along said curve northeasterly 93.65 feet through a central angle of 3'21'13" to a point hereinafter referred to as Point "B" and the POINT OF TEP. MINATION. Said strip of land shall be lengthened or shortened southwesterly so as to terminate in said southerly l the of Parcel 5 or in the westerly line of said Parcel 7. CONTAINING: 0.901 Acres, more or less. PARCEL 2 (Walcott Lane) A strip of land 66.00 feet wide, the centerline of which is described as follows: Robert Bein, William Frost & Associates Walcott Lane and La Serena Way Slope, Drainage and Right-of-Way Easements Parcels 5 and 7 of PMB 1/44-46 Revised February 27, 1995 December 14, 1994 JN 400617-M1 Page 2 of 7 CO!tMENCING at Point "A" as hereinbefore described in Parcel 1, said point being on a curve in the centerline of La Serena Way concave southeasterly and having a radius of 1600.00 feet, a radial line of said curve from said point bears South 29'44'40'' East; thence radially from said curve North 29'44~40'' West 44..00 feet to the northwesterly line of said Parcel 1 (La Serena Way) and the TRUE POINT OF BEGINNING; thence continuing North 29°44'40" West 309.83 feet to the beginning of a tangent curve concave easterly and having a radius of 600.00 feet; thence along said curve northerly 281.97 feet through a central angle of 26'55~33'' to the northerly line of said Parcel 5 of said parcel map; Said strip of land shall be lengthened or shortened so as to terminate southerly in said northwesterly line of Parcel 1 {La Serena Way) and northerly in said northerly line or in the westerly line of said Parcel 5. CONTAINING: 0.877 Acres Gross, more or less. PARCEL 3 (Walcott Lane) BEGINNING at the intersection of the northwesterly line of La Serena Way as hereinbefore described in Parcel 1 with the northeasterly line of Walcott Lane as hereinbefore described in Parcel 2; thence along said northeasterly line North 29'44'40" West 22.35 feet; thence South 75'01'3&" East 32.67 feet to the non-tangent intersection with a curve in said northwesterly line concave southeasterly and having a radius of 1644.00 feet, a radial line of said curve from said point bears South 27'47'06" East; thence along said curve and northwesterly line southwesterly 23.22 feet through a central angle of 0'48'33" to. the POINT OF BEGINNING. CONTAINING: 0.006 Acres, more or less. PARCEL 4 (Walcott Lane) BEGINNING at the intersection of the northwesterly line of La Serena Way as heroinbefore described in Parcel I with the southwesterly line of Walcott Lane as hereinbefore described in Parcel 2; Robert Bein, William Frost & Associates Walcott Lane and La Serena Way Slope, Drainage and Right-of-Way Easements Parcels 5 and 7 of PMB 1/44-46 Revised February 27, 1995 December 14, lgg4 JN 400617-M1 Page 3 of 7 thence along said southwesterly line North 2g'44'40" West 22.35 feet; thence South 15'32~14'' West 32.67 feet to the non-tangent intersection with a curve in said northwesterly line concave southeasterly and having a radius of 1644.00 feet, a radial line of said curve from said point bears South 31°42'14" East; thence along said curve and northwesterly line northeasterly 23.22 feet through a central angle of 0°48'33" to the POINT OF BEGINNING. CONTAINING: 0.006 Acres, more or less. PARCEL 5 (Slope and Drainage Easement) BEGINNING at the northwesterly corner of the hereinbefore described Parcel 3, being a point on the northeasterly line of the hereinbefore described Parcel 2 {Walcott Lane); thence along the northerly line of said Parcel 3 South 75'01'33" East 32.67 feet to the non-tangent intersection with a curve in the northwesterly line of La Serena Way as hereinbefore described in Parcel i concave southeasterly and having a radius of 1644.00 feet, a radial line of said curve from said point bears South 27°47'06" East; thence along said curve and northwesterly line northeasterly 22.00 feet through a central angle of 0°46'00"; thence non-tangent from said curve North 54°45'08'' West 106.91 feet to said northeasterly line of Parcel 2; thence along said northeasterly line South 2g'44~40" East 73.00 feet to the POINT OF BEGINNING. COIfIAINING: 0.043 Acres, more or less. PARCEL 6 (Slope and Drainaqe Easement) BEGINNING at the most northerly corner of the hereinbefore described Parcel 4, being a point on the southwesterly line of the hereinbefore described Parcel 2 (Walcott Lane); thence along said southwesterly line North 2g°44'40'' West 50.31 feet; thence South 16'44'36" East 53.37 feet; Robert Bein, William Frost & Associates Walcott Lane and La Serena Way Slope, Drainage and Right-of-Way Easements Parcels 5 and 7 of PMB 1/44-46 Revised February 27, 1995 December 14, 1994 JN 400617-M1 Page 4 of 7 thence South 56'20'36" West 190.99 feet; thence North 38'07'12" West 5.00 feet; thence South 51'52'48" West 15.00 feet; thence South 38'07'12" East 5.00 feet; thence South 56'59'10" West 62.82 feet; thence South 51'05'58" West 51.05 feet; thence North 89'31'08" West 20.00 feet; thence South 0'28'52" West 22.67 feet; thence South 41'54'12" West 47.58 feet to the southwesterly corner of said Parcel 5 of said parcel map; thence along the southerly line of said Parcel 5 South 89'31'08" East 38.45 feet to the non-tangent intersection with a curve in the northwesterly line of the hereinbefore described Parcel I {La Serena Way), said curve being concave southeasterly and having a radius of 1644.00 feet, a radial line of said curve from said point bears South 43'58'30" East; thence along said curve and northwesterly line northeasterly 352.10 feet through a central angle of 12'16'16" to the most westerly corner of said Parcel 4; thence along the northwesterly line of said Parcel 4, non-tangent from said curve North 15'32'14" East 32.67 feet to the POINT OF BEGINNING; COl(rAINING: 0.232 Acres, more or less. PARCEL 7 (Slope and Drainaqe Easement) COI~RENCING at Point "B" as hereinbefore described in Parcel 1 {La Serena Way), being a point on a curve in the centerline of La Serena Way concave southeasterly and having a radius of 1600.03 feet; thence radially from said curve South 26'23'27" East 44.00 feet to a point in a curve in the southeasterly line of said Parcel 1 concave southeasterly and having a radius of 1556.00 feet; thence along said curve and southeasterly line southwesterly 13.98 feet through a central angle of 0'30'53" to the TRUE POINT OF BEGINNING; Robert Bein, William Frost & Associates Walcott Lane and La Serena Way Slope, Drainage and Right-of-Way Easements Parcels 5 and 7 of PMB 1/44-46 Revised February 27, 1995 December 14, lg94 JN 400617-M1 Page 5 of 7 thence non-tangent from said curve South 20'54'27" West 35.46 feet; thence North 69'05'33" West 18.00 feet to the non-tangent intersection with a curve having a radius of 1546.00 feet and being concentric with and 10.00 feet southeasterly from last said curve, a radial line of said curve from said point bears South 28'19'39" East; thence along said concentric curve southwesterly 227.08 feet through a central angle of 8'24'57"; thence non-tangent from said curve South 0'28'52" West lg.40 feet; thence North 89'31'08" West 25.00 feet to the non-tangent intersection with last said curve, a radial line of said curve from said point bears South 37'54'58" East; thence along said curve southwesterly 60.00 feet through a central angle of 2'13'25" to the southerly line of said Parcel 5 of said parcel map; thence along said southerly line North 89'31'08" West 15.29 feet to the non- tangent intersection with said curve in the southeasterly line of Parcel 1, a radial line of said curve from said point bears South 40'34'02" East; thence along said curve and southeasterly line northeasterly 371.01 feet through a central angle of 13'39'42" to the TRUE POINT OF BEGINNING. CONTAINING: 0.092 Acres, more or less. PARCEL 8 (Slope and Drainaqe Easement) COlt~ENCING at the most northerly corner of the hereinbefore described Parcel 5, said point being in the northeasterly line of the hereinbefore described Parcel 2 {Walcott Lane); thence along said northeasterly line North 29'44'40" West 30.31 feet to the TRUE POINT OF BEGINNING; thence North 17'56'06" West 65.66 feet; thence North 7'37'40" West 130.22 feet to a point on a non-tangent curve concave southwesterly and having a radius of 100.00 feet, a radial line of said curve from said point bears South 81'46'43" West; Robert Bein, William Frost & Associates Walcott Lane and La Serena Way Slope, Drainage and Right-of-Way Easements Parcels 5 and 7 of PMB 1/44-46 Revised February 27, 1995 December 14, 1994 JN 400617-M1 Page 6 of 7 thence along said curve northwesterly 54.64 feet through a central angle of 31'18'17" to a point of reverse curvature with a curve concave northeasterly and having a radius of 227.00 feet, a radial line of said curve from said point bears North 50'28'26" East; thence'along said curve northwesterly 160.57 feet through a central angle of 40'31'44" to a point of reverse curvature with a curve concave westerly and having a radius of 200.00 feet, a radial line of said curve from said point bears North 88'59'50" West; thence along said curve northerly 22.01 feet through a central angle of 6°18~17'' to the northerly line of said Parcel 5 of said parcel map; thence along said northerly line, non-tangent from said curve North 89'32'44" West 53.42 feet to the non-tangent intersection with a curve in said northeasterly line of Parcel 2, said curve being concave northeasterly and having a radius of 567.00 feet, a radial line of said curve from said point bears North 86'59'26" East; thence along said curve and northeasterl~ line southeasterly 264.57 feet through a central angle of 26'44'06" to the termination of said curve; thence continuing along said northeasterly line, tangent from said curve South 29'44'40" East 184.50 feet to the TRUE PoI!fr OF BEGINNING. CONTAINING: 0.438 Acres, more or less. PARCEL 9 (Slope and Drainaqe Easement) COliqENCING at the most northerly corner of the hereinbefore described Parcel 6, said point being in the southwesterly line of the hereinbefore described Parcel 2 {Walcott Lane); thence along said southwesterly line North 29'44'40" West 59.74 feet to the TRUE POINT OF BEGINNING; thence North 39'36'38" West 215-~88 feet; thence North 75'43'48" West 18.50 feet; thence North 21'21'28" West 31.92 feet; thence North 2'18'14" West 101.03 feet to the westerly line of said Parcel 5 of said parcel map; RoSert Bein, William Frost & Associates Walcott Lane and La Serena Way Slope, Drainage and Right-of-Way Easements Parcels 5 and 7 of PMB 1/44-46 Revised February 27, 1995 December 14, 1994 JN 400617-M1 Page 7 of 7 thence along said westerly line North 8'43'54" East 59.24 feet to the non-tangent intersection with a curve in said southwesterly line of Parcel 2, said curve being concave northeasterly and having a radius of 633.00 feet,a radial line of said curve from said point bears North 80'08'58" East; thence along said curve and southwesterly line southeasterly 219.79 feet through a central angle of 19'53'38" to the termination of said curve; thence continuing along said southwesterly line, tangent from said curve South 29'44'40" East 177.76 feet to the TRUE POINT OF BEGINNING. CONTAINING: 0,225 Acres Gross, more or less. SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT 'B' attached and by this reference made a part hereof. 0 C~ ; O,J O,J / 'QQ / \-,, N~.5~_.18.~ P"~' '~' I - - -~ t~I 7~ ' ;. PCz. / EXHIBIT 'B' SKETCH TO ACCOMPANY LEGAL DESCRIPTION WALCOTT LANE SLOPE, DRAINAGE it RIGHT-OF-WAY EASEMENTS PARCEL 4 OF P.M.B. I / 44-46 DATE ~ SCALE IZ- 14 - 9~ I" = IOO' q SHEET I OF I SHEET ~obcn c]gcirL,c117illiam cFfost G~c~ssociates R PROFESSIONAL ENGINEERS. PLANNERS & SU VEYORS 28765 SINGLE OAK DRIVE · SUITE 250 · TEMECULA, CA 676,8042 · FAX 676,7240 FIELD BOOK JOB NO 400~17- An 13 _J EXHIBIT ' B' SKETCH 1'O ACCOMPANY LEGAL DESCRIPTION WALCOTT LANE It LA SERNA WAY SLOPE, DRAINAGE It RIGHT-OF-WAY EASEMENTS PARCELS 5 8 7 OF P.M.B. 1/44-46 I~- :4 - ~ I' -' ID&' i / pCL,. 5 7 pCL. 7 NOTE: ,SEE 3HEET E FOR TABLE OF CBURS~,~ SHEET I OF 2 SHEETS ~Yoen cBeBL, q~zjlliam c'Frost ¢~c,~ssociates PROFESSIONAL ENGINEERS. PLANNERS & SURVEYORS 28765 SINGLE OAK DRIVE · SUITE 250 · TEMECULA CA 676.8042 · FAX676-7240 FIELD BCX:)f( ~ JOB NO 4z2D~,/7-~4/ TABLE OF COURSES D-15'57'16" ~12'36'03' SI6'44'36"E ~S56'20'36"~ N38'0~'12'~ S51 '52' 48'~ S38'0~'12"E S56'59'10'~ -12'16'16" 26'23'2~'E NIT'56'06" N0~'3~'40'~ -06'18' ~N89'32'44" ~N21'21'28'~ ~N08'43' ~"E ~-19'53' 38" S29'44'40"E ~N29~' 40"W R-1600,00' L-445.53' R-1600,00' L-351,88' R-1600,00' L- 93,65' 101,97' 44,00' (RAD) 309,83' R- 600,00' L-281,9T' 12,28' 22,35' 32,67' R-1644,00' L- 23,22' 32,67' R-1644,00' L- 22,00' 106,91' 73.00' 50.31' 53.37' 190.99' 5.00' 15.00' 5.00' 62.82' 51.05' 47.58' 38.45' R"1644.00' L-352.10' 44.00' R-1556.00' L- 13.98' 35,46' 18.00' R-1546.00' L-22T.OB' 15.29' R-1556.00' L-371.01' 30.31' 65.66' 130.22' R- 100-00' L- 54.64' R- 227.00' L-160.5T' R- 200.00' L- 22.01' 53-42' R- 567.00' L-264-57' 184-50' 215.88' 18.50' 31,92' 101,03' 59,24' R" 633-00' L-219-79' 177.76' 59.74' D TAI .A~ EXHIBIT ' B' __SKETCH NOT TO ACCOMPANY LEGAL DESCRIPTION WALCOTT LANE It LA SERENA WAY SLOPE, DRAINAGE B RIGHT-OF-WAY EASEMENTS PARCELS 5 8, 7 OF P.M.B. 1/44-46 /Z- /~I- SHEET 2 OF 2 SHEETS ~.obcrt cgei~L, c11/'illiam c~'rost ¢~.c~ssociates PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS 28765 SINGLE OAK DRIVE · SUITE 250 · TEMECULA. CA 676-8042 · FAX 6}'6-7240 SCALE I FIELD BOOK I JOB NO ~t~DB/7- ROBERT BEIN, WILLIAM FROST AND ASSOCIATES 28765 Single Oak Drive, Suite 250 Temecula, California 92590 LEGAL DESCRIPTION WALCOTT LANE SLOPE, DP~AINAGE AND RIGHT-OF-WAY EASEMENTS PARCEL 4 OF PMB 1/44-46 december 14, 1994 JN 400617-M13 Page 1 of 2 Those certain parcels of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Parcel 4 of a parcel map filed in Book 1, Pages 44 through 46 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as follows: PARCEL 1 (Walcott Lane) BEGINNING at the intersection of the southerly line of said Parcel 4 with a line parallel with and 33.00 feet easterly from the westerly line of said parcel; thence along said parallel line North 8'43'46'' East 117.10 feet to the point of cusp with a tangent curve concave easterly and having a radius of 567.00 feet; thence along said curve southerly 116.19 feet through a central angle of 11'44~28'' to said southerly line of Parcel 4;- thence along said southerly line~ non-tangent from North 89°32'52" West 11.99 feet to the POINT OF BEGINNING. said .curve CONTAINING: 0.011 Acres, more or less. PARCEL 2 (Slope and Drainage Easement) COMMENCING at the intersection of the southerly line of said Parcel 4 with a line parallel with and 33.00 feet easterly from the westerly line of said parcel; thence along said parallel line-North 8°43'46" East 117.10 feet to the point of cusp with a tangent curve concave easterly and having a radius of 567.00 feet, said point being the TRUE POINT OF BEGINNING; thence continuing along said parallel line North 8°43'46" East 746.45 feet; thence South 4'50~16'' East 39.98 feet; thence South 27'49'36" East 80.69 feet; thence South 20'40'59" East 73.86 feet; Robert Bein, William Frost and Associates Walcott Lane Slope, Drainage and Right-of-Way Easements Parcel 4 of PMB 1/44-46 December 14, 1994 JN 400617-M13 Page 2 of 2 thence South 8'42'04" West 27.00 feet; thence SOuth 41°54'09" West 162.51 feet; thence South 8'43~46" West 28.02 feet; thence South 7'09~42'' East 250.00 feet; thence South 82°50~18'' West 10.00 feet; thence North 7°09~42'' West 185.47 feet; thence South 19'59~43'' West 21.81 feet~ thence South 8°43~46'' West 247.42 feet; thence North 48°53'18'' East 110.00 feet;. thence South 41°06~42'' East 10.00 feet; thence South 48°53~18'' West 121.85 feet; thence South 8°43~46'' West 49.60 feet to a point on a non-tangent curve concave westerly and having a radius of 200.00 feet, a radial line of said curve from said point bears-South 52°19~18'' West; thence along said curve southerly 113.01 feet through a central angle of 32°22'27'' to the southerly line of said Parcel 4; thence along said southerly line North 89°32~52'' West 53.42 feet to the non- tangent intersection with first mentioned curve having a radius of 567.00 feet, a radial line of said curve from said point bears North 86°59~18'' East; thence along said curve northerly 116.19 feet through a central angle of 11°44~28'' to the TRUE POINT OF BEGINNING. CONTAINING: 0.628 Acres, more or less. SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT "B" attached and by this reference made a part hereof. I ' ~ c.,/~' ~ ,/~ ~~~ ~ ~/' L.S. S52 ~ ~ Lawrence L. Bacon, L.S. 3527 ITEM 27 FINANCE DIREC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Mary Jane McLarney, Assistant City Manager November 6, 1995 Award of Bid for Replacement Network Server for City Hall PREPARED BY: Thomas Hafeli, Information Systems Administrator RECOMMENDATION: That the City Council award a bid for the purchase of the replacement network server for city hall, Bid Number 95-33 to Inacom Information Systems, San Diego, CA for $37,711.42. BACKGROUND: On September 21, 1995 the city solicited public bids for the purchase of a Compaq ProLiant 4500R 5/1 O0 Model I File Server to replace the existing file server at city hall which has reached its capacity. This will allow the city to migrate the current file server to support the Document Imaging System proposed for Records Management, to be purchased at a later date. Nine (9) bids for the server were publicly opened on October 19, 1995 and the results are as follows: Bidder Bid Amount 1. Western Data Technology, Riverside $33,052.31 2. inacom Information Systems, San Diego $37,711.42 3. Software House International, Huntington Beach $38,170.44 4. Jaguar/MicroAge Computers, Riverside $39,830.49 5. PC Systems Design, Brea $39,970.00 6. Vortex Data Systems, San Diego $40,433.25 7. MicroAge of Temecula, TemeCula $40,535.90 8. CompUSA, San Marcos $41,373.33 9. LPS Computer Service, Escondido No Bid Western Data Technology of Riverside, bid of $33,052.31 was incomplete and did not include three of the four 4.3-GB Hard Drives as specified in the bid. Staff reviewed the bid proposal from Inacom Information Systems of San Diego, and found that the proposal was complete and in order. Inacom has done business with the City in the past, and has always provided good reliable service. Staff recommends that the bid for the purchase of the replacement network server for city hall, be awarded. A copy of the bid summary is available for review in the Information Systems office. FISCAL IMPACT: The 1995-96 operating budget included $38,000 for the acquisition of a Compaq server. ITEM 28 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager FINANCE DIREC~ CITY MANAGER ~~. Joseph Kicak, Director of Public Works\City Engineer November 14, 1995 Award of Contract for the Walcott Corridor, Project PW94-10 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 Walcott Corridor, Project PW94-10 to Hemet Manufacturing Company, Inc. dba Genesis Construction for $1,716,637.50and authorize the Mayor to execute the contract. Authorize the City Manager to approve change orders not to exceed the contingency amount of 9171,663.75which is equal to 10% of the contract amount. Adopt a Negative Declaration and approve a Mitigation Monitoring Program for the Walcott Corridor Project. BACKGROUND: The City Council approved the construction plans and specifications, and authorized the Department of Public Works to solicit public construction bids for the Walcott Corridor Project, PW94-10. This project will provide an all weather surface road (two travel lanes) from Nicolas Road to La Serena Way by way of Calle Girasol, Calle Chapos, and Walcott Road. The existing grades of all the streets throughout the project will be raised and lowered to construct a smooth road alignment. The proposed new grades will require Rancho California Water District to relocate their existing water main in Walcott Lane and Calle Chapos. The cost for the relocation will be reimbursed to the City by R.C.W.D. The bid also includes an alternative bid to refurbish the existing 30" water main instead of installing an entirely new main line. The engineer's estimate for the street improvements and water main relocation is $1,583,000 and $837,000, respectively. This brings the total estimated project cost to $2,420,000. Staff has complete the Initial Environmental Study (IES) and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, it is recommended that the City Council adopt the attached Negative Declaration and approve a Mitigation Monitoring Program for this project. Eleven (11 ) bids for the project were publicly opened on August 24, 1995 and the results for the base bid are as follows: pwO4~agdrpt\95\l 114~pw94-10.awd Base Bid 1. Hemet Manufacturing Company, Inc. dba Genesis Construction ................. $1,716,637.50 2. Utah Pacific Construction, Company ......... $1,905,175.00 3. TNT Grading Inc .................... ; . . $1,905,523.43 4. -Paul Hubbs Construction Co., Inc ............ $1,927,655.70 5. C.A. Rasmussen, Inc .................... $1,955,190.70 6. Greg J. Harris Construction .............. . $1,963,896.80 7. American Contracting, Inc ................ $1,972,284.15 8. Highgrade Engineering, Inc ................ $1,985,715.25 9. Commercial Contractors, Inc. dba Commercial Contractors Western Division., Inc.. $2,124,435.81 10. Vance Corporation ..................... $2,268,778.29 11. J. R. Pipeline Co., Inc .................... $2,389,004.25 The bid results were reviewed with Rancho California Water District and it is recommended that the least costly option of installing new pipe be awarded. The total cost of the water facilities is $647,453.00 and is included in the base bid shown above for Genesis Construction. Staff reviewed the bid proposal from Hemet Manufacturing Company, Inc. dba Genesis Construction and found that the proposal was complete and in order. Hemet Manufacturing Company, Inc. dba Genesis Construction has not performed any work for the City, but has performed well in other areas of Riverside County based on comments from references of previous work. 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 Measure A and Development Impact Fees. The water main improvements will be paid for by R.C.W.D. Funds are available for the construction contract of $1,716,637.50 and the contingency of $171,663.75 for a · total of construction cost of $1,888,301.25. R.C.W.D. will reimburse the City $647,453.00. Attachment: Hemet Manufacturing Company, Inc. dba Genesis Construction Contract Notice of Proposed Negative Declaration Mitigation Monitoring Program pwO4~agdrpt\95\l 114~pw94--lO.awd CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. P W94-10 WAL CO TT CORRIDOR THIS CONTRACT, made and entered into the 14th day of November, 1995, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Hemet Manufactueing Company, Inc. dbe Genesis Cor~i, dcljon, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.8. 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. PW94-10 WALCOTr CORRIDOR, 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. RN94-10 WALCO'I'F CORRIDOR. 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. PW94-10 WALCOTT CORRIDOR. 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\pw94-10\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. PW94,-10 WALCOTI' CORRIDOR All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. 4.. 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 MILLION SEVEN HUNDRED SIXTEEN THOUSAND SIX HUNDRED THIRTY-SEVEN DOLLARS and FIFTY CENTS -($1 ,71 6,637.50),the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed one hundred & eighty (180) working days, commencing .with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS. 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 CONTRACTORshall 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. CONTRACT CA-2 r:\cip~projects\pw94-10~contract Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000-$75,000 $75,000-$500,000 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. 9. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. 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 CONTRACT CA-3 r:\cip\projects\pw94-10\contract the Contract. 11. TIME OF THE ESSENCE. Time is of the essence in this contract. 12. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 13. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 15. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an 'affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 17. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 18. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. CONTRACT CA-4 r:\cip\projects\pw94-10\contract 19. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment I~ractices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 20. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 21. 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 l Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-5 r:\cip\projects\pw94-10\contract City of Temecula Planning Department Notice of Proposed Negative Declaration RECE!",/2-L... PROJECT: APPLICANT: Walcott Corridor Street Improvements (PW94-10). City of Temecula Public Works Department. AUG 0 9 1995 C;Tf OF Ti~,fECUi.A ENG!NEERING DEPARTMENT LOCATION: Nicolas Road to Calle Girasol to Calle Chapos to Walcott Road. DESCRIYrION: The construction of a two lane (32 foot wide pavement) road connecting Nicolas Road to La Serena Way. The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the attached Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Negative Declaration and approve a Mitigation Monitoring Program for this project on September 12, 1995. The Comment Period for this proposed Negative Declaration is August 14, 1995 to September 5, 1995. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, 43174 Business Park Drive, Temecula, CA 92590. The public notice of the intent to adopt this Negative Declaration is provided through: X__ The Local Newspaper. X_.. llosting the Site. X__ Notice to Adjacent Property Owners. If you need additional information or have any questions concerning this project, please contact and Title) R:\FAGANI~BF..NVIRONXWALCOTT.PND 818/95 mf City of Temecula Pl3nning Department' Initial Environmental Study I. BACKGROUND INFORMA~ON 1. Name of Project: 2. Case Numbers: 3. Location of Project: 4. Description of Project: 5. Date of Environmental Assessment: Name of Proponent: Address and Phone Number of Proponent: Walcott Corridor Street Improvements PW94-10 Nicolas Road to Calle Girasol to Calle Chapos to Walcott Road The construction of a two lane (32 foot wide pavement) road connecting Nicolas Road to La Serena Way August 4, 1995 City of Temecula Public Works Department 43174 Business Park Drive Temecula, CA 92590 (909) 694-6411 ENVIRONMENTAL IMPACTS (Explanations to all the answers are provided in Section III) YeS 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes geologic substructures? _ b. Disruptions, displacements, compaction, or over covering of the soil? X c. Change in topography or ground surface relief features? X d. The destruction, covering or modification of any unique geologic or physical features? __ e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in siltation, deposition or erosion? X g. The modification of any wash, channel, creek, river or lake? X Maybe No X X R:\STAFFRP'BWALCOTT.I$ 814195 klb ] Y~ Maybe N._9.o h, Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, liquefaction, Found failure, or similar hazards? i. Any development within an Alquist-Priolo Special Studies Zone? 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? C, Alteration of air movement, temperature, or moisture or any change in climate, whether locally or regionally? 3. Water. Will the proposal result in: a, Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b, Changes in absorption rates, drainage patterns, or the rate and mount of surface runoff?. c. Alterations to the course or flow of flood waters? d. Change in the mount of surface water in any water body? Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g~ Change in the quantity of Found waters, either through direct additions, withdrawals, or through interception of an aquifer by cuts or excavations? b, Reduction in the mount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flooding? Plant Life. Will the proposal result in: a, Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? X X X X X X X X X X X R:\STAFFRPTXWALCOTY.I$ $14195 klb 2 Yes Maybe No , b. Reduction of the numbers of any unique; rare, threatened, or endangered species of plants? __ c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? X d. Reduction in the acreage of any agricultural crop? __ Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (animals includes all land animals, birds, reptiles, fish, amphibians, shellfish, benthie organisms, and/or insects)? _ b. Reduction of the numbers of any unique, rare, threatened, or endangered species of animals? __ c. The introduction of new wildlife species inW an area? __ d. A barrier to the migration or movement of animals? __ e. Deterioration to existing fish or wildlife habitat? _ Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X c. Exposure of people to severe vibrations? X Light and Glare. Will the proposal produce or result in light or glare? X Land Use. Will the proposal result a. Alteration of the present land use of an area? __ b. Alteration to the future planned land use of an area as described in a community or general plan? __ Natural Resources. Will the proposal result in: a. An increase in the rate of use of any natural resources? X b. The depletion of any nonrenewable natural resource? X X X X X X R:\STAFFRPT~WALEOTT.IS 8/4/95 lifo 3 Yes Maybe N._~o 10. Risk of Upset. Will the proposal result in: 11. 12. A risk of an explosion or the release of any hazardous substances in the event of an accident or upset conditions (hazardous substances includes, but is not limited to, pesticicles, chemicals, oil or radiation)? The use, storage, transport or disposal of any hazardous or toxic materials (including, but not limited to oil, pesticides, chemicals, or radiation)? C, Possible interference with an emergency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: 14. a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? Substantial impact upon existing transportation systems, including public transportation? Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? X X X X X X X X X X X X X X X R:\STAFFRPT~WALCOTF.IS gl4/95 kib 4 Yes Maybe N__9_o e. Maintenance of public facilities, including roads? L Other governmental services: 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to any of the following utilities: a. Power or natural gas? b. Communications systems? c. Water systems? d. Sanitary sewer systems or septic tanks? e. Storm water drainage systems? f. Solid waste disposal systems? g. Will the proposal result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above? 17. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? b. The exposure of people to potential health hazards, including the exposure of sensitive receptors (such as hospitals and schools) to toxic pollutant emissions? 18. Aestheties. Will the proposal result in: a. The obstruction of any scenic vista or view open to the public? b. The creation of an aesthetically offensive site open to public view? c. Detrimental visual impacts on the surrounding area? 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational resources or opportunities? X X X X X X X X X X X X X X R:\STAFFRPT~WALCOTr. IS g/419,~ klb 5 YeS Maybe No 20. Cultural Resources. Will the proposal result-in: a, The alteration or destruction of any paleontOlogic, prehistoric, archaeological or historic site? x h, Adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X Any potential to cause a physical change which would affect unique ethnic cultural values? X d, Restrictions to existing. religious or sacred uses within the potential impact area? X R:\STAFFRPT~WALCOTr. IS 814195 klb 6 IH. DISCUSSION OF THE ENVIRO~AL IMPACTS ].a. No. The proposal will not result in unstable earth conditions or changes in geologic substructures. Any potential unstable conditions shall be mitigated through planting of slopes for erosion control (consistent with Uniform Building Code Standards and Ordinance No. 457) and through proper compaction of the soils. Consu'uction and grading for this development will not be at depths which would affect any geologic substructures. No impacts are foreseen as a result of this project. 1.b. Yes. The proposal will result in the disruption, displacement, compaction, or overcovering of the soil. The project will require grading, and all grading activity requires disruptions, displacements, compaction and overcovering of the soil. Cut and fill slopes will be created, as well as additional roadway. The amount of disruption, displacement, compaction and overcovering of the soil will be the minimum mount needed to realize the project. No significant impacts are anticipated as a result of this project. 1.C. Yes. The proposal will result in a change in the site topography and ground surface relief features. As discussed in response 1 .b., only the minimum amount of grading necessary to create the roadway (including cut and fill areas) will be conducted. No significant impacts are anticipated as a result of this project. 1.d. No. The proposal will not result in the destruction, covering or modification of any unique geologic or physical features. No unique geologic features exist on the site. No significant impacts are anticipated as a result of this project. 1 .e,f. Yes. This project will result in increased wind and water erosion of soils both on and off-site and in changes in siltation, deposition, and erosion. Grading will occur during the construction phase for the project. The potential for wind and water erosions of soil will increase from the creation of manufactured slopes. Short-term impacts will be mitigated through grading techniques that are consistent with Air Quality regulations and best grading practices. Long-term impacts will be mitigated through slope landscaping and the construction of the roadway. Erosion control measures will be implemented and will have to be consistent with Uniform Building Code Standards and Ordinance No. 457. Ordinance No. 457 has. 'requirements for plant types and spacing which provides erosion control that will be effective. No significant impacts are anticipated as a result of this project. 1.g. Yes. The proposal will result in minor modifications to several existing drainage channels. According to the Hydrology and Hydraulics Report for the Walcott Corridor (prepared by Robert Bein, William Frost and Associates dated December, 1994), the Walcon Lane segment of the corridor will cross four existing stream beds. Storm drain facilities will be installed at each of these locations. The Report further states that an existing stream traverses Calle Chapos at four separate locations. The proposed improvements will limit the stream crossing to two locations along Calle Chapos. Prior to any modification to the channel, clearances will need to be obtained from the Army Corps of Engineers and the California Deparunent of Fish and Game. This will assure that any potential impacts are mitigated to a level less than significant. The project will not result in modifications to any wash, creek, river or lake since none are proximate to the site. No significant impacts are anticipated as a result of this project. R:\STAFFRPT~WALCOTT.IS 8/4195 klb 7 1.h. 1. i. Air 2.a,b. 2.c. Water 3.a. 3.b. 3.c. 3.d. Maybe. Development of the project may expose people and property to earthquake hazards because the projea is located in Southern California, an area which is seismically active. The project does not include any habitable structures; however, as discussed in responses 11 and 12, the projea is growth inducing. The project will not expose people or property to geologic hazards such as landslides, mudslides, ground failure or liquefaction. No known landslides are located on the site or proximate to the site. The same is true for mudslides. No significant impacts are anticipated as a result of this project. No. The proposal does not include development within an Alquist-Priolo Special Studies Zone as identified by the State of California, Resource Agency Department of Conservation Special Studies Zone Map. Therefore, no significant impacts are anticipated as a result of this project. Yes. The project will result in increased air emissions and has a potential to deteriorate ambient air quality in the short-run. Air emissions and objeaionable odors will probably occur during the construction phase of the project. These impacts will be of short duration and are not considered significant. The General Plan Final EIR (page 11) states Air Quality is regionally significant, but locally mitigated to a level of insignificance. Therdore, although there will be additional air emissions, there will be no deterioration of ambient air quality locally in the long run. No significant impacts are anticipated as a result of this project. No. The project will not result in alterations of .air movement, temperature, or moisture, or in any change in climate either locally or regionally. The scale of the project precludes it from creating any significant impacts on the environment in this area. Yes. The proposal will result in changes to currents, and in changes to the course or direction of water movements in fresh waters. Modifications are proposed to an unnamed draw that traverses Calle Chapos at four separate locations. The proposed improvements will modify the draw, limiting the crossing to two locations (reference response 1.b). The modifications will not be significant, therefore; no significant impacts are anticipated as a result of this project. Yes. The proposal will result in changes to absorption rates, drainage panems and the rate and amount of surface runoff. Previously permeable ground will be rendered impervious by construction of the roadway. While absorption rates and surface runoff will change, impacts shall be mitigated through the numerous drainage improvements that are included as part of this project. Any graded slopes will be planted to prevent erosion and additional runoff. No significant impacts are anticipated as a result of this project. No. The proposal will not result in alterations to the course or flow of flood waters. The project is not located adjacent to the one hundred year flood plain, is not located within an identified floodway and is not within the Dam Inundation area identified in Figure 74 of the City of Temecula General Plan. No significant impacts are anticipated as a result of this project. Maybe. The proposal could result in a change in the amount of surface water in any waterbody. As mentioned above under response 3.a., modifications are proposed to an unnamed draw that R:~TAFFRPT~WALCOTT.IS I/4/95 klb 8 traverses Calle Chapos at four separate locations. Surfaces will be rendered impervious as a result of this project and any residential development that occurs as a result of the project and this could result in an increase in amount and velocity of surface water in the draws. Any potential impacts will be mitigated through drainage conveyances Which are proposed to be included as part of the project. No significant impacts are anticipated as a result of this project. 3.e. Maybe. The proposal could result in discharges into surface waters or in any alteration of surface water quality. Prior to the issuance of a grading permit for the project, the applicant will have to comply with the provisions of a National Polhtant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. Therefore, no significant impacts are anticipated as a result of this project. 3.f. No. The proposal will not result in an alteration of the direction or rate of flow of groundwaters. Construction on the site will not be at depths sufficient to have a 'significant impact on ground waters. No significant impacts are anticipated as a result of this project. 3.g. 3.h. No. The proposal will not result in a change in the quantity of ground waters, either through direct additions, withdrawals, or through interception of an aquifer by cuts or excavations. Reference response 3.f. No significant impacts are anticipated as a result of this project. No. The project will not result in the reduction in the amount of water otherwise available for public water supplies. The project does not propose any use that would generate a need for water provision. No significant impacts are anticipated as a result of this project. 3.i. No. The proposal will not expose people or property to water related hazards such as flooding. Reference response 3.d. No significant impacts are anticipated as a result of this project. Plant Life 4.a,b. Maybe. The proposal may- result in a change to the diversity of species, or number of any native' species of plants, in a reduction of the numbers of any unique, rare, threatened, or endangered species of plants and in the creation of a barrier to the normal replenishment of existing species on- site. According to Page 6 of the Biological Resources Study: Walcott Corridor Street Improvement (dated August 26, 1994) prepared by SJM Biological Consultants, dated December 4, 1994, portions of the site are covered by Coastal Sage Scrub and riparian plant communities. Mitigation measures for the Gnatcatcher shall include construction of Walcott Lane to be done outside the usual nesting season of the Gnatcatcher. Mitigation measures in place during the construction phase shall include erosion control measures and staking areas that construction vehicles shall be prohibited from entering/disturbing. The Report concludes on page 9, any impacts to the stream crossing Walcott Lane could require a 1601 streambed alteration agreement from the California Department of Fish and Game. If required, the permit application will be accompanied by a mitigation plan which normally includes site restoration. As a result of these mitigation measures, no significant impacts are anticipated as a result of this project. R:~STAFFRPT~WALCOTr. I$ ~14t95 klb 9 4.c. Yes. The project will result in the introduction of new species of plants inw an area of native vegetation and create a barrier to the normal replenishment of existing species. Most of the area is already disturbed and is currently being used as a roadway. Slopes graded for the project will need to be planted for erosion control, and this will introduce non-native species to the area. This planting will be adjacent to an area that has previously been disturbed. No significant impacts are anticipated as a result of this project. 4.d. No. The project will not result in a reduction in the acreage of any agricultural crop. The City of Temecula Final Enviromental Impact Report (FEIR) did not identify the site as farmland of local importance. No significant impacts are anticipated as a result of this project. 5.a,b,d,e. Maybe. The project may result in a change in the diversity of species, or numbers of species of animals. The projea site does lie within the Stephem Kangaroo Rat Habitat Conservation Plan Fee Area. According to Appendix A of the Biological Resources Study: Walcott Corridor Street Improvement (dated August 26, 1994) signs of SKR were not found within the limits of the project right-of-way. For other species, reference the responses to 4.a. and 4.b. above. No significant impacts are anticipated as a result of this project. 5.c. No. The proposal will not result in the introduction of any new wildlife species inw the area. Projects of this nature do not introduce new wildlife species into the area. No significant impacts are anticipated as a result of this project. Noise 6.a. Yes. The proposal could result in increases to existing noise levels from increased traffic since the road is currently unimproved (dirt). In addition,. noise levels will increase during the construction phase of the project. The Walcott Corridor is not identified as a roadway that will produce significant noise beyond the right-of-way at buildout of the City according to Figure 8-5 of the City'S General Plan (Future Roadway Noise Contours). No significant impacts from noise are anticipated as a result of this project. 6.b. Yes. The project will expose people to severe noise levels during the development/construction phase. Construction machinery is capable of producing noise in the range of 100+ DBA at 100 feet which is considered very annoying and can cause hearing damage from steady 8-hour exposure. This source of noise will be of short duration and therefore will not be considered significant. As discussed in response 6.a., vehicle noise will not affect any sensitive receptors in the area. No significant impacts are anticipated either in the short- or long-run. 6.c. Yes. The proposal will result in the exposure of people to severe vibrations during the development/construction phase. The vibrations will be of short duration and therefore are not considered significant. The proposal will not result in the exposure of people to severe vibrations over the long-run. No significant impacts are anticipated either in the short or long run. R:\STAFFRPT~WALCOTT.IS 8/4/95 lab l0 Light and Glare , Yes. The proposal will ultimately produce and result in additional sources of light and glare. It is anticipated that additional night vehicle trips will be generated on the improved roadway. Motorists traveling at night will use their headlamps to illuminate the roadway. Some stray illumination may reflect upon houses in the area. This illumination of the roadway is not considered significant. Street lamps are not proposed as pan of the project. No significant impacts are foreseen from light and glare. Land Use 8.a. Maybe. The proposal may .alter the present land use of the area since there are undeveloped parcels in the area. With the improvement of the Walcott Corridor, some of the land owners may be motivated to develop their parcels. Currently, people interested in subdividing their property are required to improve their property to a City maintained road. This means improving portions of the Walcott Corridor. This has proven to be cost prohibitive for small subdivisions. Vacant parcels have the potential to be developed with the improvements included in this project. Because of the General Plan land use designation of properties in the vicinity of the area (low-medium density residential, 3-6 dwelling units/acre and very low density residential, .2-.4 dwelling units per acre) the impacts will be negligible. No significant impacts are anticipated as a result of this project. 8.b. No. The proposal will not result in an alteration to the future planned land use in the vicinity of the project as described City's General Plan. The General Plan Land Use designations for properties in the vicinity of the project are (low-medium density residential, 3-6 dwelling units/acre and very low density residential, .2-.4 dwelling units per acre). No changes to the General Plan Land Use Designations are proposed as a result of this project. The General Plan Circulation Plan identifies the Walcott Corridor as a Optional Rural Arterial Highway and this is how the project is going to be developed. No significant impacts are anticipated as a result of this project. Natural Resources 9.a,b. Yes. The proposal will result in an increase in the rate of use of any natural resource and the depletion of any nonrenewable resource. Development of the site will result in a minor incremental increase in the rate of use of natural resources (construction materials, fuels for the dally operation, asphalt, etc.) and the subsequent depletion of these non-renewable natural resources. Due to the scale of the proposed development, these impacts are not seen as significant. Risk of Upset- 10.a,b. Maybe. The proposal may result in a risk of explosion, or the release of any hazardous substances in the event of an accident or upset conditions. The project is a proposal to pave a currently unimproved roadway. As a result of the roadway improvements, traffic will increase on the Walcott Corridor. The increase in traffic may result in the increase in the probability of risk of explosion, or the release of any hazardous substances in the event of an accident or upset conditions. The same is true for the use, storage, transport or disposal of any hazardous or toxic materials. Due to the limited traffic which is expected from this project, and the fact that the Walcott Corridor is not identified as a truck route, no significant impacts are anticipated. R:\STAFFRPT~WALCOTT.I$ Sl4195 lab l l lO.c. No. The project will not interfere with an emergency response plan or an emergency evaluation plan. With the addition of a fire station east of Interstate 15, existing emergency response plans and/or emergency evaluation plans will be enhanced through the contribution of an all-weather road in this area. No significant impacts are anticipated as a result of this project. Population 11. Maybe. The project may result in altering the location, distribution, density or growth rate of the human population of the area. Reference response 8.a. and 8.b. No significant impacts are anticipated as a result of this project. Housin1· 12. Maybe. Reference response I 1. No significant impacts are anticipated as a result of this project. Transportation/Circulation 13.a. No. The proposal will not result in the generation of substantial additional vehicular movement. Vehicular traffic is anticipated to increase because the roadway will be improved from din to asphalt. The roadway will be twenty-eight (28) feet wide and is classified as an Optional Rural Arterial Highway in the City's General Plan, and is not designed to carry substantial numbers of vehicles. No significant impacts are expected from development of the site. 13.b. No. The project will not result in an increased demand for new parking. The project does not propose any use that would generate a need for parking. No significant impacts are anticipated as a result of this project. 13.c. No. The proposal will not create impacts upon existing transportation systems, including public transportation. Walcott Corridor improvements are classified as Priority I in the City of Temecula Capital Improvement Program 1996-2000. The scope of work is described as environmental analysis, design and construction of an interim two lane roadway to extend from the intersection of Nicolas Road and Calle Medusa to Calle Chapos to Calle Girasol to Walcott Road to La Serena' Way. Design of the improvements are slated for fiscal years 1994-95 and 1995-96 and construction and administration in fiscal year 1995-96. This will provide an additional north-south route in this portion of the City. No i/nprovements to the public transportation systems are proposed in this area. No significant impacts are anticipated as a result of this project. 13.d. No. The proposal will not result in alterations to present paRems of circulation or movement of people and/or goods. Currently, there is circulation or movement of people and/or goods in the area. Vehicular traffic is anticipated to increase because the roadway will be improved from din to asphalt; however, no significant impacts are anticipated as a result of this project. 13.e. No. The proposal will not result in alterations to waterborne, rail or air traffic since none exists currently in the proximity of the site and none are proposed. No significant impacts are anticipated as a result of this project. R:\STAFFRPT~WALCO~f. I3 ~/4/95 klb 1~2 13.f. Yes. The proposal will resuk in an increase in traffic hazards to motor vehicles, bicyclists or pedestrians. Any increase in traffic by motor'vehicles, bicyclists or pedestrians will result in an increase in traffic hazards. Current and future conditions are typical conditions that exist at any interface between pedestrians, bicyclists and automobiles. No significant impacts are anticipated as a result of this project. Public Services 14.a,b. No. The proposal will not have a substantial effect upon, or result in a need for new or altered fire protection or new or altered police protection. The project does not propose any use that would generate a need for new or altered fire or police protection. No significant impacts are anticipated as a result of this project. 14.c,d. No. The proposal will not have a substantial effect upon or result in a need for new or altered school facilities or new or altered parks or other recreational facilities. This project does not propose any use that would generate a need for school facilities or new or altered parks or other recreational facilities. No significant impacts are anticipated as a result of this project. 14.e. Yes. The proposal will result in a need for the maintenance of public facilities, including roads. Funding for maintenance of roads is derived from the Gasoline Tax which is distributed to the City of Temecula from the State of California and local assessments. Impacts to current and future needs for maintenance of roads as a result of development of the site are incremental and are not considered significant. This is because the Gasoline Tax and the local assessments are sufficient to cover any of the proposed expenses. No significant impacts are anticipated as a result of this project. 14.f. No. The proposal will not have a substantial affect upon or result in a need for new or altered governmental services. Reference response 14.e. No significant impacts are anticipated as a result of this project. Energy 15.a. No. The proposal will not result in the use of substantial mounts of fuel or energy. As mentioned in responses 9.a. and 9.b. the proposal may result in an increase in the rate of use of any natural resource or the depletion of any nonrenewable resource. Development of the site will result in an increase in the rate of use of natural resources (construction materials, fuels for the dally operation, asphalt, etc.) and the subsequent depletion of these non-renewable natural resources. Due to the nature of this project (a roadway), impacts are not seen as significant. 15.b. No. The project will not result in a substantial increase in demand upon existing sources of energy, nor will the project require the dev. elopment of new sources of energy. No significant impacts are anticipated as a result of this project. Utilities 16.a-d,f. N0. The proposal will not result in a need for new systems or substantial alterations to power or natural gas, communication systems, water systems, sewer systems, solid waste disposal systems. The project does not propose any use or uses that would generate in a need for these new systems R:~STAFFRFI~WALCOTr. I3 Sl4/95 Idb 13 or substantial alterations to existing system. No significant impacts are anticipated as a result of this project. 16.e. Yes. The proposal will result in a need for a minor addition to on-site swrm water drainage systems. Drainage conveyances will be required which will safely and adequately handle any of the runoff which is created by the realization of the project. No significant impacts are anticipated as a result of this project. 16.g. No. The proposal will not result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above. (reference response No. 16.a-d,f. ). No significant impacts are anticipated as. a result of this project. Human Health 17.a,b. No. The proposal will not result in the creation of any health hazard or potential health hazard: Projects of this nature do not result in the creation of health hazards or potential health hazards. No significant impacts are anticipated as a result of this project. Aesthetics 18.a--c. No. The proposal will not result in the obstruction of any scenic vista or view open to the public, in the creation of an aesthetically offensive site open to public view, or in detrimental visual impacts on the surrounding area. The project is a proposal to pave a din road which is already being used and for associated grading that will be required by the project. No significant impacts are anticipated as a result of this project. Recreation 19. No. The proposal will not result in impacts to the quality or quantity of existing recreational resources or opportunities. The project does not propose any use that would impact the quality or quantity of existing recreational resources or opportunities. No significant impacts are anticipated as a result of this projea. Cultural Resources 20.a. Maybe. The proposal may result in the alteration or destruction of any paleontologic, prehistoric, archaeological or hisWric site or structure. The site has been previously disturbed. The City General Plan identified this area as an "Area of Sensitivity for Archaeological Resources". Any future impacts will be mitigated through the application of standard City paleontologic and archaeologic development condkions. In addition, if needed, onsite archaeologic and Native American heritage resource experts' will moniWr activities on the site." No significant impacts are anticipated as a result of this project. 20.b-d. No. The project will not have the potential to cause a physical change which would affect unique ethnic cultural values. No "unique" ethnic cultural values have been identified on or in proximity to the site. The proposal will not result in restrictions to existing religious or sacred uses within the potential impact area. None currently exist on the site. No significant impacts are anticipated as a result of this project. R:~TAFFRPT~WALCOTT.IS ~/4/95 kib 14 IV. MANDATORY FINDINGS OF SIGNIHCANCE Does the project have the potential to either: degrade the quality of the environment, substantially reduce the habitat of a fish, wildlife or bird species, cause a fish, wildlife or bird population to drop below self sustaining levels, threaten to eliminate a plant, bird or animal species, or eliminate important examples of the major periods of California history or prehistory? Yes Maybe No X Does the project have the potential to achieve short term, to the disadvantage of long term, environmental goals? (A short term impact on the environment is one which occurs in a relatively brief, de~m'tive period of time while long term impacts will endure well into the future.) X Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) X Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X R:%STAFFRP~WALCO1'F.]~ 8/4/95 ]rJb 15 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because the Mitigation Measures described on the attached sheets and in the Conditions of Approval that have been added to the project will mitigate any potentially significant impacts to a level of insignificance, and a NEGATIVE DECLARATION will be prepared. X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared by: Matthew' Fagan, Assistant Planner · ~ ~ame and Title ate R:XSTAFFRP~WALCOTT.I$ g/4/95 klb ]{5 TO: FROM: DATE: SUBJECT: Don Spagnolo, Principal Engineer Scott Harvey, Associate Engineer Debbie Ubnoske, Planning Manag~ Matthew Fagan, Associate Planner August 30, 1995 Walcott Corridor Street Improvements (PW94-10) Negative Declaration Mitigation Measures The purpose of this memorandum is to summarize the mitigation measures for the Walcott Corridor Street Improvements (PW94-10) which are identified in the Initial Environmental Study (IF.S) for the project. The IES for development of the Walcott Corridor Street Improvements was completed on July 31, 1995. The IES evaluated the potential for adverse environmental impacts and identified several potentially significant impacts to the environment. The adverse impacts were in the areas of earth, water, plant life, animal life and cultural resources. The Initial Environmental Study also identified that these potentially significant impacts could be mitigated to a level of insignificance through the incorporation of certain features into the design of the project. Listed below are the Mitigation Measures which must be incorporated into the project to reduce the potentially significant impacts associated with this project. The impacts and mitigation measures are as follows: 1. IMPACT: An increase'in wind and water erosion of soils both on and off-site and in changes in siltation, deposition, and erosion. MEASURE: Short-term impacts will be mitigated through grading techniques that are consistent with Air Quality regulations and best grading practices. Long-term impacts will be mitigated through site landscaping and the · construction of hardscape. Erosion control measures will have to be consistent with Uniform Building Code Standards and Ordinance No. 457. IMPLEMENTING AGENCY: Department of Public Works 2. IMPACT: Minor modifications to several existing drainage channels and in changes to the course or direction of water movements in fresh waters. MEASURE: Clearances will need to be obtained from the Army Corps of Engineers and the California Department of Fish and Game. IMPLEMENTING AGENCY: Department of Public Works R:\PLANN1NGXWALCOTT.MEM 8/30/95 idb IMPACT: Changes to absorption rates, drainage patterns and the rate and amount of surface runoff and in the amount of surface water in any waterbody. MEASURE: Drainage conveyances shall be provided to safely and adequately handle any of the runoff which is created by the project. IMPLEMENTING AGENCY: Depatu/tent of Public Works IMPACT: MEASURE: Discharges into surface waters which will result in alterations to surface water quality. Comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. IMPLEMENTING AGENCY: Depatintent of Public Works IMPACT: A change to the diversity of species, or number of any native species of plants, in a reduction of the numbers of any unique, rare, threatened, or endangered species of plants and in the creation of a barrier to the normal replenishment of existing species on-site. MEASURE: Construction of Walcott Lane shall be done outside the usual nesting season of the Gnatcatcher. Further, erosion control measures and staking areas for construction vehicles be prohibited from entering/disturbing portions of the site which are covered by riparian plant communities. Any impacts to the stream crossing Walcott Lane could require a I601 streambed alteration agreement and may need to be accompanied by a mitigation plan which normally includes site restoration from the California Department of Fish and Game. IMPLEMENTING AGENCY: Planning Department and Department of Public Works 6. IMPACT: A change in the diversity of species, or numbers of species of animals. MEASURE: See Measure for No. 4. IMPLEMENTING AGENCY: Planning Department and Depathnent of Public Works R:~PLANNIN(3'~WALCOTT.MEM 8/30/95 klb , IMPACT: The proposal may result in the alteration or destruction of any paleontologic, prehistoric, archaeological or historic site or structure. MEASURE: When necessary, a paleontologist/archaeologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. Application of standard City paleontologic and archaeologic development procedures. In addition, if needed, onsite archaeologic and Native American heritage resource experts will monitor activities on the site. IMPLEMENTING AGENCY: Planning Department and Department of Public Works R:\pLANNINGXWALCOTT.MEM .8/30/95 klb TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES* OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD OCTOBER 10, 1995 A regular meeting of the Temecula Community Services District was called to order at 7:45 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, Roberts ABSENT: 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, Assistant General Counsel Greg Diaz and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR Director Parks announced he would abstain on Item No. 3. It was moved by Director Stone, seconded by Director Lindemans to approve Consent Calendar Items No. 1-3. The motion carried as follows: AYES: 5 NOES: 0 'ABSENT: Minutes 1.1 DIRECTORS: Birdsall, Lindemans, Parks, Stone, Roberts DIRECTORS: None 0 DIRECTORS: None Approve the minutes of September 26, 1995. Acceptance of Grant Deed for Nicolas Road Park - Coscan Davidson Temecula, Inc. 2.1 Accept a grant deed from Coscan Davidson Temecula, Inc. for the dedication of Nicolas Road Park, a 2.93 acre park within Tract 27827-1; 2.2 Direct the City Clerk to record the document. Minutes.csd\101095 -1 - 1011 1/95 3. Reduction of Faithful Performance Bond for Tract 25004-1, Barclay Estates 3.1 Authorize the reduction of the Parkland/Landscape Faithful Performance Bond to a 10% warranty amount for the construction of the TCSD slopes and landscaped area within Tract No. 25004-1, Barclay Estates. The motion carried as follows: AYES: 4 NOES: 0 ABSENah ABSTAIN: DIRECTORS: Birdsall, Lindemans, Stone, Roberrs DIRECTORS: None DIRECTORS: None 1 DIRECTORS: Parks DISTRICT BUSINESS 4. Rotary Park - Lease Aareement Deputy Community Services Director Herman Parker presented the staff report. Director Stone asked if the City has investigated receiving this property as a gift. Deputy Director Parker stated this had not been explored. Director Birdsall, addressing the property tax exemption on the property, stated this exemption has been delayed due to a technicality with the "Articles of Incorporation" of the Town Association. She explained that an amendment has been filed and she has full confidence that the tax exempt status will be obtained. It was moved by Director Birdsall, seconded by Director Lindemans to approve staff recommendation as follows: 4.1 Approve the Lease Agreement between the City of Temecula and the Temecula Town Association in substantially the form submitted for the operation and maintenance of Rotary Park. 4.2 Approve the official name of this proposed park site to be Rotary Park. The motion was unanimously 'carried. Naming of a Newly Acauired Park Site Deputy Community Services Director Herman Parker presented the staff report. Minutes .csd~ 101095 -2- 1011 1195 Dennis Chiniaeff, 29321 Via Norte suggested naming the park "Kaiser Pond", since Kaiser was the original developer of this area. Director Birdsall suggested naming the park "David F. Dixon Memorial Park" after the City's first City Manager David F. Dixon. Director Lindemans stated he concurs with this recommendation. RECESS President Roberrs called a brief recess at 8:00 PM to change the tape. The meeting was reconvened at 8:02 PM. Director Stone suggested resubmitting this item to the Community Services Commission with the recommended names suggested by the City Council and the public. Director Birdsall stated she does 'not have a problem with naming the park the David F. Dixon Memorial Park with ("The Duck Pond") placed under the name in parenthesis on the sign. Director Roberrs stated he is also in favor of naming the park David F. Dixon Memorial Park. Director Parks also concurred. It was moved by Director Birdsall, seconded by Director Lindemans to resubmit the naming of the park to the Community Services Commission, with recommended names suggested by the City Council and the public. The motion was unanimously carried. GENERAL MANAGER'S REPORT None given. DIRECTOR OF COMMUNITY SERVICES REPORT Director of Community Services Shawn Nelson reported that Nicolas Road Park and the Voorburg Park will be dedicated, Thursday, October 19, 1995 at Nicolas Road Park at 3:00 PM. He also reported the lighting system at Temecula Middle School will be operational next week. BOARD OF DIRECTORS REPORT None given. ADJOURNMENT Minutes.csd\101095 -3- 1011 1/95 It was moved by Director Parks, seconded by Director Roberrs to adjourn at 8:08 PM to a meeting on October 17, 1995, time certain following the City Council Consent Calendar, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Ronald J. Roberrs, President ATTEST: June S. Greek, CMC, City Clerk/ Board Secretary Minutes.csd\101095 -4- 1011 1/95 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELP OCTOBER 17, 1995 A regular meeting of the Temecula Community Services District was called to order at 7:45 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. President Ron Roberrs presiding. ROLL CALL PRESENT: ABSENT: 4 DIRECTORS: Birdsall, Lind.roans, Stone, Roberrs I DIRECTORS: Parks 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 Lindemans to approve Consent Calendar Items 1-2. The motion was unanimously carried with Director Parks absent. 1. Community Services Recreation Brochure 1.1 Approve purchase order of $15,618 from Graphics Unlimited to print one (1) issue of the Community Services Recreation Brochure. 2. Release of Bond for Nicolas Road Park - Coscan Homes California, Inc. 2.1 Authorize the release of the Parkland/Landscape Faithful Performance' Bond for the construction of Nicolas Road Park - Coscan Homes California, Inc. PUBLIC HEARINGS Marqarita Community Park, Master Plan Director of Community Services Shawn Nelson presented the staff report. Deputy Director Herman Parker discussed the process associated with Master Plan. Vince DiDonato, Alhambra Group, discussed specific aspects of the plan. r:\minutes.csd~101795 -1 * 10127195 Director Birdsall asked if the City has coordinated this planning process with the School District. Deputy Community Services Director Herman Parker stated a representative of the School District has served on the Design Committee, and the Master Plan will be taken to the School Board for their approval. Director Birdsall asked if parking will be adequate for this park. Community Services Director Shawn Nelson stated that the Committee analyzed the parking and 180 spaces should be adequate not only for phase one but for the ultimate park development. RECESS President Roberts called a brief recess at 8:00 PM to change tape. The meeting was reconvened at 8:02 PM. Director Stone asked if a rudimentary path from the park to the Target Center would be cost prohibitive. Community Services Director Nelson stated this could be included in the bid if it is the Board's desire. President Roberts agreed the path should be included. President Roberrs opened the public hearing at 8:05 PM. Claudia Mecham, 42087 Selby Circle, expressed concerns about security. She stated graffiti has recently been a problem and said she would be happy to put together a volunteer group to help remove graffiti. She also expressed concern about traffic and asked that the 45 mph zone in front of the park be investigated. President Roberrs asked that traffic concerns be referred to the Public/Traffic Safety Commission. Director Stone stated the City has purchased a graffiti truck and it is City policy that graffiti is removed within a 24 hour period. He also said a design factor of the park is drive-through acces~ to accommodate police patrols. President Roberts closed the public hearing 8:07 PM. It was moved by Director Birdsall, seconded by Director Stone to approve staff recommendation as follows: 3.1 Approve the Master Plan for Margarita Community Park. 3.2 Authorize the release of a formal public bid for the development of Margarita Community Park. The motion was unanimously carried with Director Parks absent. r:~minutes .csd\l 01795 -2- 10~27~95 GENERAL MANAGER'S REPORT None given. DIRECTOR OF COMMUNITY SERVICES REPORT None given. BOARD OF DIRECTORS REPORT None given. ADJOURNMENT It was moved by Director Stone, seconded by Director Lindemans to adjourn at 8:11 PM to a meeting on November 14, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Director Parks absent. Ronald J. Roberrs, President ATTEST: June S. Greek, CMC, City Clerk/ District Secretary r:\minutes.csd~101795 -3- 10/27/95 ITEM 2 APPROV CITY ATTORN~RY~O~ FINANCE DIRE 0 CITY MANAG TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council * Shawn D. Nelson, Director of Community Services November 14, 1995 Quitclaim of Easement Within Margarita Community Park. PREPARED BY: RECOMMENDATION:  ,Beryl Yasinosky, Development Services Analyst That the City Council: Accept a quitclaim deed from Eastern Municipal Water District for an easement on the Margarita Community Park Site, and authorize the City Clerk to record the document with the Riverside County Recorder's Office. BACKGROUND: Pursuant to the recordation of the Final Order and Judgement in Condemnation on May 19, 1994, the City of Temecula officially acquired fee interest to the real property identified as the future Margarita Community Park. The twenty (20) acre parcel is located on the south side of Margarita Road, just west of Temecula Elementary School, During the Master Planning stages for the park, a review of the preliminary title report indicated that an Eastern Municipal Water District (EMWD) easement was recorded on the property on November 18, 1971 (Instrument No. 132260). The easement is twenty (20) feet wide and traverses approximately 1,057 feet across the southeasterly corner of the park property. EMWD verified that no utilities currently exist within the easement, and indicated that there were no plans for any future improvements. As a result, staff felt that the City should acquire the easement to assure protection of the park improvements against any future construction by others. Upon request, EMWD prepared the quitclaim deed, legal description and plat which transfers control of this easement to the City. The document has been reviewed and approved by the City Engineer and the City Attorney. On October 18, 1995, the EMWD Board of Directors approved the quitclaim deed for this easement and subsequently forwarded the document to the City Council for acceptance and recordation. FISCAL IMPACT: A fee of 9300 was paid to EMWD for the preparation and processing of the quitclaim document through Account No. 210-190-119-5804. No other fiscal impacts are anticipated through the acquisition of the EMWD easement. ATTACHMENTS: Copy of Quitclaim Deed, Legal Description and Plat. r: \yminobkhnm'gpadc .qtc 111495 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Eastern Municipal Water District P.O. Box 8300 San Jacinto, CA 92581-8300 Attn: Don. Simpson, Manager Right-of-Way Department This Document Must Be Signed in Presence of Notary & Notarized. No Recording Fee Required Pursuant to Government Code Section 27383 QUITCLAIM DEED APN: 921-300-006 RB-914 EASTERN MUNICIPAL WATER DISTRICT, organized under the laws of the State of California, with its principal place of business at San Jacinto, California, does hereby rernise, release, and quitclaim to: CITY OF TEMECULA owner(s), of record, of the below described parcel of land, all right, title or interest in and to right(s) of way(s) or easement(s) which the District may have acquired under or by virtue of that Grant of Easement deed recorded November 18, 1971 as Instrument No. 132260, Official Records of Riverside County, California, more particularly described as follows: (SEE EXHIBITS "A"AND "B" ATTACHED HERETO AND MADE A PART HEREOF) This quitclaim comes with the understanding- that all 'liability associated with the relinquishment of any interest held by Eastern Municipal Water District, above or below the ground, shall be assumed by the Grantee and Grantee's successors heirs and assigns. ATTEST: hite, Secreta;-yW o~ the Eastern Municipal Water District and the Board of Directors thereof EASTERN MUNICIPAL WATER DISTRICT · General Manager '\\"- ~ SEAL Quitclaim Easement Interest 6/95 form 3rate of CAI T FORN T A County of RIVERSIDF C)n 10/26/95 DATE NOTARY before me, MARILYN CHAISONGKRAMJ PURl TC N~E. ~ OF OFFICER- EG,. 'JANE DOF_ NOTARY PUBLIC' personally appeared ~ personally known to me - OR iARILYN CHAISONGKRA " COMM. 11074309 ..... ,JOHN R, RRUDIN AND MARY C, WHITE- NAMEiS1 OF SIGNERf S) [] proved to me on thc bQ,~is of 3atEfactory cvidonce to be the person(s) whose name(s)-is~are subscribed to the within instrument and ac- knowledged to me that hc:ch=lthey executed the same in h;,c,:hcr/their authorized caDaciW-(-ies), and that by hisf+H~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. Witness my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: CAPACITY CLAIMED BY StGI~ER i'} INDIVIDUAL(S) I'l CORPORATE OFRCER(Si [] PARTNER(Si [] ATTORNEY-;N-FACT [] TRUSTEE~S'~ [] SUBSCRIBING WITNE-:5 [] GUARDIAN. CCNSERVATOR [] OTHER: SIGNER IS REPRESENTING; NAME OF PERSC~IS~ OR ENTITYnES~ FASTFRN HIINICIPAI WATER DISTRICT ATTENTION NOTARY: Altlqougn me ~nformatlon reQue$18o below ~s OPTIONAL =t coula prevent trauauten! at/3crtm~ll ot trlls Cemtic. ate [o unauznortzeO ccc'-'men~ Titte or Type of DocumentQUZTCLAIN DEED (CITY OF TEHECULA) Number of Pages :~ APN: 92152~l~T~l~ment 10/26/95 signer(s) Other Than Named Above NA ":-:.:; ;":'_-'T...'-.__-.;. .................... =-'J'~"-"'- "-2:7-:~-'-: ' - -.' '-"-' '. - ' ,:.' 1991 NATIONAL NOTARY ASSOCIATION · 8236 Reinmet Ave. · -q O =_."x 7' 94 * C,,moca i;lf, CA '.-'::; ' EXHIBIT "A" QUITCLAIM OF AN EASTERN MUNICIPAL WATER DISTRICT EASEMENT APN: 921-300-006 GRANTEE: City of Temecula Le~al Description That certain easement granted to Eastern Municipal Water District by virtue of the Grant of Easement Deed recorded November 18, 1971 as Instrument No. 132260, Official Records of Riverside County, California, and being more particularly described as follows: A strip of land 20.00 feet in width over a portion of Lot 14, Tract NO. 3334, in the County of Riverside, State of California, as per map recorded in Book 54 of Maps, Pages 25 to 30, Records of said County, lying 10.00 feet to each side of the following described center line: Beginning at a point in the southerly line of said Lot 14, distant thereon Nor.th 88°23'11" East, 304.57 feet from the most westerly corner of said Lot: Thence North 57o00'00" East, 75.56 feet; Thence North 42020'00" East, 440.00 feet; Thence South 88000'00" East, 350.00 feet; Thence South 79005'00" East, 191.93 feet to a point in the easterly line of said Lot, distant thereon North 00o55'34" West, 292.49 feet from the southeast corner of said Lot. Containing 0.49 acres more or less. ~//~ Oh 0 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MEETING HELD OCTOBER 17, 1995 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:08 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Vice Chairperson Patricia H. Birdsall presiding. PRESENT: 4 AGENCY MEMBERS: Birdsall, Lindemans, Roberrs, Stone ABSENT: I AGENCY MEMBERS: Parks 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 Roberrs to approve Consent Calendar Item No. 1. AYES: 4 AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: Parks Minutes 1.1 Approve the minutes of October 10, 1995. EXECUTIVE DIRECTOR'S REPORT Executive Director Ronald Bradley stated the Entertainment Project is moving forward and public hearings on financing will be held on November 14, 1995. AGENCY MEMBER'S REPORTS None given. r:~minutes.rda\101795 -1 - 10~27~95 ADJOURNMENT It was moved by Agency Member Stone, seconded by Agency Member Lindemans to adjourn at 8:13 PM to a meeting on November 14, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Chairperson Parks absent. Ronald J. Parks, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Agency Secretary r:\minutes.rda\l O1795 -2- 10/27/95 ITEM 2 APPROVAL ~ CITY ATTORNEY FINANCE OFFI R CITY 'MANAG TEMECULA REDEVELOPMENT AGENCY AGENCY REPORT TO: FROM: DATE: SUBJECT: Executive Director/Redevelopment Agency Members Mary Jane McLarney, Assistant City Manager November 14, 1995 Consideration of RDA Commercial Rehabilitation Small Business Loan RECOMMENDATION: That the City Council consider approval of an RDA small business loan to the Health Zone (natural/health food store) to be located at the Temecula Plaza, Ynez and Solana Way. DISCUSSION: The City has received an application from the Health Zone to move to a new location and to expand their facilities. The business was founded in 1990 by Paul Cook and Tom Watson. Since the opening, sales have increased to where larger facilities are needed to better serve its customers and the new location will double the floor space with better customer exposure and parking. With the move, the Health Zone will also be able to offer new and expanded product lines. It is projected that this move will allow the business to increase sales by 50% in the first twelve months. The new property will be leased for a term of 5 years (60 months) with one 5 year option. The loan amount requested is 9100,000. The loan proceeds will be used for tenant improvements, interior store fixtures and new refrigeration units. The total requirement for the expansion is estimated at 9130,000 of which the additional 930,000 is coming from business reserves. The terms of the loan are as follows: 9100,000amortized over a 5 year period at a rate of 9.75% with payments of 92112.42per month. The loan is secured by all existing equipment and all new equipment purchased for the expansion. This loan is in conform.ance with the criteria of the RDA loan program and has been reviewed by our independent loan committee. CONDITIONS OF APPROVAL The loan approval would be subject to the receipt of a detailed list of the existing equipment to be used at the new location { including but not limited to serial numbers, description and estimated worth) plus at the completion of the project, a list of all new equipment ( including but not limited to serial numbers, description and cost). The City will file a UCC-1 and Landlord's waiver on the furniture, fixtures and equipment. Funds will be controlled during the construction of the tenant improvements. FISCAL IMPACT: To date, the City has funded $209,400 in redevelopment loans. ITEM 3 CITY ATTORNAEPYPROV~ FINANCE OFFICER ' /~" CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Redevelopment Agency Board Members Ronald E. Bradley, Executive Director ~:2/_,/~ November 14, 1995 Proposed Amendments to the Bylaws of the Old Town Redevelopment Advisory Committee PREPARED BY: David W. Hogan, Senior Planner RECOMMENDATION: It is requested that the Agency review and approve the proposed amendments to the Bylaws of the Old Town Redevelopment Advisory Committee. BACKGROUND: The City of Temecula began the process to modify the Stipulated Judgement in early 1994. On August 7, 1995, Riverside County Superior Court approved the Modification to the Stipulated Judgement. One of the components being modified was the size of the Old Town Redevelopment Advisory Committee. These changes require that the Committee's Bylaws be amended. DISCUSSION: The proposed amendments would make the Committee's Bylaws consistent with the approved modifications to the Stipulated Judgement. The Advisory Committee reviewed the Bylaw amendments at their November 7, 1995 meeting. Their comments and recommendation will be provided to the Agency Board as part of Staff's presentation. Attachments: 1. Proposed Committee Bylaws 2. Redline(addition)/Strikeout(deletion) Version of Committee Bylaws R:\REDEV\BYLAWS.RPT 11/6/95 dwh 1 ATTACHMENT NO. 1 R:\REDEV\BYLAWS.RPT 11/2/95 dwh 2 BYLAWS OF THE OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE ARTICLE I Purpose of the Committee The Old Town Redevelopment Advisory Committee ("Committee") shall serve as the means through which the community can participate with the Temecula Redevelopment Agency ("Agency") in the planning and implementing of the Redevelopment Plan (" Plan") for the Old Town portion of the Temecula Redevelopment Project Area No. 1-1988 ("Old' Town Area"). The Old Town Area is delineated on the map attached hereto and incorporated by this reference. To accomplish this, the Committee will review, evaluate and submit written reports to the Agency and/or the City on any and all redevelopment actions proposed to be undertaken by the Agency and/or the City in furtherance of redevelopment conducted within the Old Town Area. ARTICLE II Creation and Termination of the Committee The Committee shall be created by resolution of the Agency and shall expire with the termination of the Plan. ARTICLE III Members Section 1. , Membership. The membership of the Committee shall consist of five (5) members who shall be appointed, in the manner herein provided and according to the conditions of eligibility herein provided. Members shall not receive compensation for their service on the Committee. Section 2. Eligibility for Membership. A. "Eligible person" as used herein shall mean a natural person 18 years or older who resides in the Old Town Area or who works in the Old Town Area and owns, leases and/or operates a business entity (for profit or not for profit) which has its principal place of business located within the boundaries of the Old Town Area. B. For purposes of this section, a "principal place of business" may be determined with reference to, without limitation, the annual statement of general information required to be filed with the Secretary of State by every corporation pursuant to Corporations Code Section 1502. For purposes of this section, residency in the Old Town Area may be determined with reference to, without limitation, a driver's license, tax or utility bill, or a business license. R:\REDEV\OTAC\BYLAW.DFT 11/2/95 dwh C. Failure to abide by the eligibility requirements stated herein shall be deemed a vacancy subject to the provisions of Section 4 of this Article. D. No current member of the Agency shall serve as a member of the Committee. Section 3. Membership Terms. The members of the Committee shall be appointed by the Agency Board and shall serve at the pleasure of the Agency Board for terms of four (4) years. Section 4. Vacancies. Members serve at the pleasure of the Agency Board and may be removed by the Board for any reason including, but not limited to: A. By more than three (3) consecutive unexcused absences from any of the meetings of the Committee. B. By death of a member. C. By resignation of a member. D. By the failure of the member to maintain eligibility for membership as specified in Article III, Section 2 herein. E. Any vacancy occurring in the membership of the Committee shall be filled by majority vote of the Agency by an eligible person for the remainder of the unexpired term of the vacated member as set forth in Article IV. Section 5. Political Reform Act Compliance. All members shall comply with the disclosure and disqualification provisions of the Political Reform Act (Government Code Section 87100 et seq.). ARTICLE IV Procedure for Appointing Committees Members Section 1. Notice Reauired. Prior to the appointment of any member to the Committee, the Agency shall advertise, in a public notice, that there is a vacancy on the Committee and that it intends to appoint qualified individuals to the Committee. Except, that a vacancy for part of an unexpired term with less than one year remaining, may be filled by the Agency Board with any eligible person without the public notice requirement described in Section 2 of this Article. Section 2. Public Notice. "Public Notice" as required herein, shall mean either or all of the following, as designated herein: A. Notice sent via first-class United State mail service to all natural persons who reside within the boundaries of the Old Town Area. R:\REDEV\OTAC\BYLAW.DFT 11/2/95 dwh B. Notice delivered to all business entities located within the boundaries of the Old Town Area. C. Notice posed at the fire station located within the Old Town Area, a conspicuous place at Sam Hicks Park, a conspicuous place at the location of the Temecula Community Center and at each lobby or entrance of all multi-family building in the Old Town Area. D. Notice published in a paper of general circulation within the Old Town Area once a week for a period of two weeks. ARTICLE V Internal Organization and Staffing Section 1. Officers. By majority vote of the members, there shall be selected one member to act as chairperson and another member to act as vice chairperson. The term of these offices shall be one year and no member holding the same office for more than two consecutive terms. Vacancies in any of these offices shall be filled by majority vote of the membership. Section 2. Staff A. Executive Director. The Executive Director of the Agency shall be the Executive Director of the Committee. The Executive Director's duties shall include, without limitation, assigning staff to support the Committee, and making requests of the Agency for additional staffing and/or funds for the administration of the Committee. B. Secretary. The Secretary of the Agency shall act as the Secretary of the Committee. The Secretary's duties shall include, without limitation, collecting and distributing to each Committee member all non-privileged material and documentation relating to proposed redevelopment activity by the Agency affecting the Old Town Area. · C. Counsel. The General Counsel of the Agency shall be the General Counsel of the Committee. ARTICLE VI Meetings Section 1. Regular Meetings. Meetings shall be held once a month on the first Tuesday of every month; provided, however, that should such a date be a legal holiday, the regular meeting shall be held on the next business day which is not a legal holiday or may be cancelled by resolution of the Committee. R:\REDEV\OTAC\BYLAW,DFT 11/2195 dwh Section 2. Quorum. A quorum of three (3) members is required to conduct a meeting; any meeting failing to achieve a quorum shall be adjourned. A majority vote of the quorum shall be necessary to pass any resolution of the Committee. Section 3. Meeting Procedures. The protocol for all meetings shall be conducted pursuant to the rules of procedure established by the City Council for its meetings. The Committee shall be subject to and abide by the open meeting provisions found in the Brown Act (Government Code Sections 54950 e_t seq.), including those provisions governing the holding of special meetings. ARTICLE VII Amendment of Bylaws The Bylaws of this Committee can be amended by resolution of the agency. R:~REDEV\OTAC~BYLAW.DFT 11/2/95 dwh MaD of the Old Town Area R:\REDEV\OTAC\BYLAW.DFT 11/2/95 dwh N. SIDE OF 6th E. ~IDE OF let W. SIDE OF Area ABSC~:!ALTIC~ PRD~ ON WEST S~DE OF C~tt~. for OTRAC Eligibility ATTACHMENT NO. 2 R:\REDEV\BYLAWS.RPT 11/2/95 dwh 3 BYLAWS OF THE OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE ARTICLE I Purpose of the Committee The Old Town Redevelopment Advisory Committee ("Committee") shall serve as the means through which the community can participate with the Temecula Redevelopment Agency ("Agency") in the planning and implementing of the Redevelopment Plan ("Plan") for the Old Town portion of the Temecula Redevelopment Project Area No. 1-1988 ("Old Town Area"). To accomplish this, the Committee will review, evaluate and submit written reports to the Agency and/or the City on any and all redevelopment actions proposed to be undertaken by the Agency and/or the City in furtherance of redevelopment conducted within the Old Town Area. ARTICLE II Creation and Termination of the Committee The Committee shall be created by resolution of the Agency and shall expire with the termination of the Plan. ARTICLE III Members Section 1. Membership. The membership of the Committee shall consist of five (5) members scvcn (7) mcmbcrs, four (q) of whom shnll bc elected and thrcc (8) of whom shall be appointed, in the manner herein provided and according to the conditions of eligibility herein provided. Members shall not receive compensation for their service on the Committee. Section 2. Eligibility for Membership}. A. "Eligible person" as used herein shall mean a natural person 18 years or older who resides in the Old Town Area or who works in the Old Town Area and owns, leases and/or operates a business entity (for profit or not for profit) which has its principal place of business located within the boundaries of the Old Town Area. The Old Town Area is delineated on the map attached hereto and incorporated by this reference. B. For purposes of 'this section, a "principal place of business" may be determined with reference to, without limitation, the annual statement of. R:\REDEV\OTAC~BYLAWDFT.CHG 11/2/95 dwh general information required to be filed with the Secretary of State by every corporation pursuant to Corporations Code Section 1502. For purposes of this section, residency in the Old Town Area may .be determined with reference to, without limitation, a driver's license, tax or utility bill, or a business license. C. Failure to abide by the eligibility requirements stated herein shall be deemed a vacancy subject to the provisions of Section 4 of this Article. the Committee. No current member of the Agency shall serve as a member of Section 3. Membership Terms. A. Appointed Mcmbcrs. Upcn The ~~ initial crc, Qtion of the Committee, thrcc digiblc pcrsons shall be appointed mcmbers by the Agency ~ and shall serve at the pleasure of the Agency Board, two of whom shall scrvc for tcrms of four (4) ycars, and one for a term of two (2) yoorc. At thc cxpiration of thc initial tcrms, thc Agcncy shall appoint cligiblc persons as suoccssor mcmbers for terms of four (4) years. B. Elected Memberc. Upon thc initial creation of thc Committoc, thc Agcncy shall appoint four cligiblc pcraons to scrvc as mcmbcrs until thc first clcctcd mcmbcrs takc officc following thc initial election. Upon thc initial clcction, thc two perconc roooiving thc highcst numbcr of votcs shall scrvc tcrms of four (4) ycars cach, whilc thc tow pcrsons roociving thc Iowcst-numbcr of votcs shall-scrvc terms of two (2) ycars each. At thc conclusion of thc initial tcrmc of officc, pcrcons clcctcd to thc Committec shall scrvc for tcrms of four (4) ycars. Section 4. Vacancies. Thc mcmbcrship of any mcmbcr on thc Committec shall bc vacated whcncvcr' any of thc following occur: Members serve at the pleasure of the Agency Board and may be removed by the Board for any reason including, but not limited to: A. By more than three (3) consecutive unexcused absences from any of the meetings of the Committee. B. By death of a member. C. By resignation of a member. D. By the failure of the member to maintain eligibility for membership as specified in Article III, Section 2 herein. E. If a spccial clection to impcach an clcctcd mcmbcr is ~.,ucccssful whcrc R:\REDEV\OTAC\BYLAWDFT.CHG 11/2/95 dwh thc groundc for impoachmcnt arc grosc misconduct; upon thc camc grounds, a majority of thc Agency my votc to romovc an appointed mornbar. Notioc of a vacancy shall bc scnt to thc affcctcd mcmbcr and said vacancy may bc appcalcd by that mcmbcr to thc Agcncy with thc dccision of thc Agency bcing final. Any vacancy occurring in the membership of the Committee shall be filled by majority vote of the Agency by an eligible person for the remainder of the unexpired term of the vacated member as set forth in Article IV. Sootion ~. Political Reform Act Compliance. All members, whcthcr appointcd or clocted shall comply with the disclosure and disqualification provisions of the Political Reform Act (Government Code Section 87100 et seq.). ARTICLE IV Procedure for Electing and ADDointing Committee Members Section 1. Notice Required. Prior to the appointment of any member to the Committee, the Agency shall advertise, in a public notice, that there is a vacancy on the Committee and that it intends to appoint qualified individuals to the Committee. Except, that a vacancy for part of an unexpired term with less than one year remaining, may be filled by the Agency Board with any eligible person without the public notice requirement described in Section 2 of this Article. Section ~-~. Public Notice. "Public Notice" as required herein, shall mean either or all of the following, as designated herein: A. Notice sent via first-class United States mail service to all natural persons who reside within the boundaries of the Old Town Area. B. Notice delivered to all business entities located within the boundaries of the Old Town Area. C. Notice posed at the fire station located within the Old Town Area, a conspicuous place at Sam Hicks Park, a conspicuous place a~ the location of the Temecula Community Center and at each lobby or entrance of all multi- family building in the Old Town Area. D. Notice published in a paper of general circulation within the Old Town Area once a week for a period of two weeks. Scction 2. Initial Mornborchio. Thc Agcncy may makc intcrim appointmcnts of four (~1) mcmbcrs of thc Redcvclopmcnt Agency 'Committcc until thc timc of thc first biannual clcctions. Scotion 3. Proccdurc for Nominating Elcctcd Mcmbcrs. Elections shall bc hcld biannually on Novcmbcr 1. R:\REDEV\OTAC\BYLAWDFT.CHG 11/2/95 dwh --.A. Nomin3tions: Fublic noticc shall bc provided pursuant to Scction 1 (D), (C) and (D) of this Articlc on thc first day of Scptember bcforc thc datc of thc clcction roqucsting thc submission of thc namc: of cligiblc nominecs. Said notits shall providc thc location whcrc nomination applications arc availablc and thc final datc for thcir cubmission. Thc nomination application ~.,hall list thc namc of thc candidatc, includc an affidavit of cligibility pursuant to Artisis III, Section 2 and shall contain thc ~ignaturc: of fivc (5) oligiblc persons in order to plaoc thc namc of thc candidarc on thc ballot. D. Elcctions: Ballots shall bc mailed by thc 30th day in Soptcmbcr preceding thc N0vcmbcr 1 olection datc to cvery digiblc pcrson within thc Old Town Arca. Thc ballots shall includc an affidavit of cligibility and shall stars that thcy arc to bc rcturned, postmarked not lator than Novornber 1 of thc cloction ycar. Only onc votc is allowcd pcr cligiblc pcrson. Thc Secrctary will complctc thc ballot count by Novc-rnbcr 15 of thc clection year and ncw mcmbcrs will bc sworn in at thc first mccting of thc Committcc in Dcccmber. ARTICLE V Internal Organization and Staffing Section 1. Officers. By majority vote of the members, there shall be selected one member to act as chairperson and another member to act as vice chairperson. The term of these offices shall be one year and no member holding the same office for more than two consecutive terms. Vacancies in any of these offices shall be filled by majority vote of the membership. Section 2. Staff A. Executive Director. The Executive Director of the Agency shall be the Executive Director of the Committee. The Executive Director's duties shall include, without limitation, assigning staff to support the Committee, and making requests to the Agency for additional staffing and/or funds for the administration of the Committee. B. Secretary. The Secretary of the Agency shall act as the Secretary of the Committee. The Secretary's duties shall include, without limitation, collecting and distributing to each Committee member all non-privileged material and documentation relating to proposed redevelopment activity by the Agency affecting the Old Town Area. - C. Counsel. The General Counsel of the Agency shall be the General Counsel of the Committee. ARTICLE VI Meetings R:\REDEV\OTAC\BYLAWDFT.CHG 11/2/95 dwh Section 1. Regular Meetings. Meetings shall be held once a month on the first Tuesday of every month; provided, however, that should such a date be a legal holiday, the regular meeting shall be held on the next business day which is not a legal holiday or may be cancelled by resolution of the Committee. ~!~.ii~i~~ ~~ii A quorum of three (3) four (4) members is required to conduct a meeting;"'~n'~;"~i'eeting failing to achieve a quorum shall be adjourned. A majority vote of the quorum shall be necessary to pass any resolution of the Committee. Section 3o MeetineJ Procedures. The protocol for all meetings shall be conducted pursuant to the rules of procedure established by the City Council for its ~~ contninod in thc currcnt odition of Robortc RulcG of Ordcr. The Committee shall be subject to and abide by the open meeting provisions found in the Brown Act (Government Code Sections 54950 et seq.), including those provisions governing the holding of special meetings. ARTICLE VII Amendment of ~!~ Rogulations The ~ii~~ Regulations of this Committee can be amended by resolution of the Agency. R:\REDEV\OTAC\BYLAWDFT.CHG 11/2/95 dwh OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY ITEM 1 MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY HELD OCTOBER 17, 1995 A regular meeting of the Old Town Westside Community Facilities District Financing Authority was called to order at 8:13 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT: 4 ABSENT: 1 BOARD MEMBERS: Lindemans, Parks, Roberts, Stone, Birdsall BOARD MEMBERS: Parks Also present were Executive Director Ronald E. Braldey, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR Board Member Stone announced a conflict of interest based on property ownership in Old Town. 1. Minutes. 1.1 Approve the minutes of October 10, 1995. It was moved by Board Member Roberrs, seconded by Board Member Lindemans to approve the minutes of October 10, 1995. The motion was carried as follows: AYES: 3 BOARD MEMBERS: Birdsall, Lindemans, Roberts NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: Parks ABSTAIN: 1 BOARD MEMBERS: Stone r:\minutes.fa\101795 ADJOURNMENT It was moved by Board Member Roberts, seconded by Board Member Lindemans to adjourn at 8:14 PM to a meeting on November 14,'1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Board Member Parks absent. ATTEST: Patricia H. Birdsall, Chairperson June S. Greek, CMC, City Clerk/ Authority Secretary r:\minutes.fa\l 01795. ITEM 2 APPROVAL CITY ATTORNEY DIR. OF FINANC~ CITY MANAGER OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AGENCY REPORT TO: FROM: DATE: SUBJECT: Board Members Ronald E. Bradley, City Manager November 14, 1995 Appraisal of the Old Town Westside Improvement Authority Community Facilities District RECOMMENDATION: To approve the attached agreement to secure professional services for a complete narrative appraisal on the Old Town Westside Improvement Authority Community Facilities District, No. I and No. 2. BACKGROUND: On Sept. 12, 1995 the Old Town/Westside Community Facilities District Financing Authority (the "Authority") adopted a series of resolutions relative to its intention to establish and to incur bonded indebtedness, pursuant to the Mello-Roos Community Facilities ACt of 1982.. The Authority formed two separate community facilities districts, Community Facilities District No. 1 (Old Town Area Public Improvements) and Community Facilities District No. 2 (Westside Area Public Improvements) (collectively, the "Districts"). The Old Town Area Public Improvements District was formed for the purpose of financing specific improvements in the Old Town Area, as referenBed in the Owner Participation Agreement. The other was established 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. An appraisal of the Districts is required to effectively and efficiently market the bonds related to these financings. The cost of the appraisal is fully reimbursable by TZBG, Inc. pursuant to the Deposit/Reimbursement Agreement approved by the Authority on September 12, 1995. Staff is recommending the firm of Brown, Chudleigh, Schuler & Associates to perform the appraisal under the terms specified in the attached contract in an amount not to exceed $32,500. This firm is Member Appraisal Institute (M.A.I.) certified and the appraisal document shall comply with the professional and ethical requirements of the profession. Again, the full amount of the contract cost for the appraisal services will be reimbursed by TZBG, Inc. without any cost to the Financing Authority. FISCAL IMPACT: A deposit for the contract will be required by TZBG, Inc. for all work performed related to this contract as TZBG, Inc. has agreed to pay all out of pocket expenses incurred relative to the proposed financingso Attachment: Appraisal Contract CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES T!:Hg AGREEM~NT, is made and effective as of November 14, 1995, between the City of Temecula, a municipal corporation ("City") and Brown, Chudleigh, Schuler & Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on November 14, 1995 and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 31, 1996, unless sooner mated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto. and incorporated heroin as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. An initial payment in the mount of $11,000 shall be paid prior to commencement of the work on the appraisal. City shah notify Consultant in writing if it wishes Consultant to proceed with additional work on the appraisal beyond that included within the initial payment. in the event the Consultant is instructed to proceed, a second payment of $21,500 shall be paid to appraiser upon receipt of the appraisal documents. In the event the City fails to instruct Consultant to proceed with the additional work within ninety (90) days from the date of the agreement between the Consultant and the City, then the agreement shah terminate and the City shall have no further obligations to the Consultant for the appraisal, beyond the $11,000 initial payment. The total amount of the contract should not exceed thirty-two thousand five. hundred dollars ($32,500). b. Consultant shah not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager R: ~rORTONL ~4 GR~PPRBLAGN - 1 ' I1/07/P5 may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten.(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any. work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails w cure its default within such period of time, the City shall have the fight, notwithstanding any other pwvision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be enti~ed at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be R : ~I OR TO NL L4 GR EMNTS L4P P RSL. A G N -2- 11/07/95 clearly identified and readily accessible. Consultant sbnll provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceexlings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REDLrIREMIXrS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. R : INORTO la, LI lIF, JiINTSMPPRILA GN '3- 11/07/95 b. Minimum Limits of Insurance. Consultant shall maintain limits no less (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury andproperty damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deduetibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance .as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect R : INORTO JVL LI (YRF_.MN~MPPR,VI.,.A GN -4- 11/07/95 coverage provided to the City, its officers, officials, employees or volunteers. The Consttltant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VH, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent' contractor. The personnel performing the-services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and R:h'VORTOJVT..,MGRF. M. NTSMPPRSI.,.AGN '5- 11/07/~; regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promp~y notify City should Consultant, 'its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, heating or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's .right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, pestage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecuh 43174 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Brown, Chudleigh, Schuler, & Associates 745 Cardley Avenue, Suite 100 Medford, Oregon 97504-6124 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. R : ~lOR TO NL tA GREM?tlS~PPRSLA GN -0- 11/07/~ 15. LICENSES. At all times during the ten of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the paxties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE TIllS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year furst above written. CITY OF TF_,MECIH~A By Attest: Jeffrey E. Stone Mayor June S. Greek City Clerk R : WORTONL ~'i G~F, JlN'FSL4P PRSL A GIV -7- 11/07/~ Approved As to Form: Peter M. Thorson City Attorney CONSULTANT By: By: R:WORTOtH~AGREMHIS'L4PPR.~r- AGIV -8- 11/07/9~ EXHIBIT A TASKS TO BE PERFORMED The M.A.I. appraisal report will be furnished to the City in triplicate approximately 45 days from November 14, 1995 and receipt of all required information and materials from the These developer which are considered necessary in order to complete the assignment. particular items include the following: Feasibility Study Site Survey Map Construction plans and site plans pertaining to the improvements to be developed on- site Full narrative metes and bounds legal description of the property Ti~e Report Site Acquisition history over the past four years Improvement construction cost estimate; itemized details should be provided for both the public and private improvements Any market information pertaining to the project R : INOR TONL M GRF. IaI.,N~MPPRI..A GI¢ '9- 11/07/95; ITEM 3 APPROVAL CITY ATTORNEY OF FINAN E ~,' DIR. ~ CITY MANAGER OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AGENCY REPORT TO: FROM: DATE: SUBJECT: Board Members Ronald E. Bradley, City Manager November 14, 1995 Financing for Old Town Area Public Improvements and the Western Bypass Corridor RECOMMENDATION: That the Old Town/Westside Community Facilities District Financing Authority open and continue the four (4} Public Hearings listed below: CFD I Intention to Establish a CFD and to Authorize the Levy of Special Taxes CFD 2 Intention to Establish a CFD and to Authorize the Levy of Special Taxes CFD I Intention to Incur Bonded Indebtedness of the Proposed CFD No. 1 CFD 2 Intention to Incur Bonded Indebtedness of the Proposed CFD No. 2 DISCUSSION: The Mello-Roos statutes which govern formation and operations of a Community Facilities District require that the Financing Authority enter into agreements with any other public agency that will own or operate facilities within the proposed district. Since the discussions and agreements with Rancho California Water District, Eastern Municipal Water District and the Riverside County Flood Control District have not been finalized, staff recommends the Public Hearing be continued to the meeting of November 28, 1995. At that time, testimony will be taken from the public as it relates to the formation of the district. FISCAL iMPACT: None. R: INORTONL )AGENDASIFAPUBHRG. AGN 11/06/95 AMENDED NOTICE OF FUBLIC HEARING ~ING DATE OF HEARING Old Town/Westside Community Facilities District Financing Authority Community Facih'ties District No. 1 (Old Town Area Public Improvements) Notice is hereby given that on September 12, 1995, the Board of DirecWrs 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 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 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 amended (the 'Act'), Chapter 2.5 of Part 1 of Division 2 of Title S, commencing at Section 53311, of the California Government Code, this Board of Directors of the Old Town/Westside Community Facilities District Financing Authori{y (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, TttEREFORE, BE IT RESOLVED BY the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1. This Board of Directon proposes to conduct proceedings to establish a community facilities district pursuant to the Act. 2. The name proposed for the District is Old Town/W~tside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements). C-10 3. The proposed boundaries of the District arc as shown on the map of the District on file with the Secretary, which boundnries 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 heating 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 my enter into one or more contracts directly with any of the proIr. xty 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 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 (Mating 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 Fairies. 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 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 lax shah 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 depamnents 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 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 necesnty upon the rewnining 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 pwvi~'ons 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 designce, is hereby directed to study said proposed Facilities and to make, or cause to be made, and ~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 pwposed bond financing and all other related costs as pwvided 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, November 14, 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 legishtive 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. 1:2. 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 Board of Directors following the public hearing on the District referred to above. 13. Thc 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 special tax consultant to the Authority for the District. The Executive Director is hereby authorized and directed to enter inw 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. Thc 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 thc 'Secretary of the Authority, C. The time and place established under said Resolution for the public hearing required under the Act are Tuesday, November 14, 1995, at the hour of '/: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 typ~ 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 ownas of one-half or more of the area of land in the terriWry 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 decin'on of the Board of Directors, and ff 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 specified 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 mail or hand-delivered ballot to the property owners within the territory proposed to be included in the district. Dated: October 2, 1995 .lt~reek,C~C~C, Aff~~Seeretary/ City Clerk C-14 AMI~NDED NOTICE OF PUBLIC BT~ARING, ~ING DATE OF FIT~ARING 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/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 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 MeHo-Roos Community Facilities Act of 1982, as mended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Ti~e 5, commencing at Section 53311, of the California Government Cede, this Board of Directon 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 WI-IF~RI~.AS, 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 "City"). NOW, THI~E!~ORE, BE IT RESOLVED BY the Board of Directon 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 cause to be recorded, said map of the boundaries of the District in the office of the County c-8 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 Distriot 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 conWacts direc~y with any of the property owners with r~spect 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 recordatlon 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) 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 pan the Facilities. Said bonds shall be in the aggregate principal mount 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 7. The levy of said proposed tax shall be subject to the approval of the qualified electors of the District at a special election. The propose~! voting procodure shall be by mailed or hand-delivered ballot among the landowners in said proposed Disuict, with each owner having one vote for each acre or portion of an acre such owner owns in the District. 8. Except as may othenvise 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 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 foliowing: (a) A description of the Facilities by type which will be required to adequately meet the needs of the District. Co) 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, November 14, 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. C-IO 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 appmved 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 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 ~e 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, November 14, 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 fie a protest in writing as pwvided 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, ~e written protests against the establishment of the district and the protests arc 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 ff the majority protests of the registered voters or landownen are only against the fumishinll 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 bc eliminated from the proceedings to form the district. C-ll 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: October 2, 1995 · Greek, CMC, City Clerk/ ty Seereta~ C-12 AMENDED NOTICE OF PUBLIC I~EARING ~ING DATE OF ~RING 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 enti~ed '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 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 Authoriz~ 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 Pan 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 WH]EREAS, 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/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 l~sos.FA~g5-03 -4- 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, bearing interest parable 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, November 14, 1995, at 7:00 p.m. or as soon as possible thereafter, in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, Caiifomia, 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 C/) 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 i~roposed community facilities district, will be heard. Dated: October 2, 1995 '~une S. Gn~,CMC, City Clerk Agency Secretar Ruo,.FA~5-0~ -5- AMENDED NOTICE OF PUBLIC I:!EARING AME~NDING DATE OF HEARING Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 2 (Westside Area Public hnpwvements) 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 en~~ed "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 W the Mello-Roos Community Facih'ties Act of 1982 (the "Act") the Board of Directors hereby gives notice as follows: A. The text of said Resolution is as follows: WHEREAS, thi.~ 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 Pan 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 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 DirecWrs 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 Impwvements) (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 finan~g P,~sos.FA\95-05 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 amount 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 hw 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, November 14, 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 C/) 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 pioposed community facilities district, will be heard. Dated: October 2, 1995 Greek, CMC~ City Clerk, P~sos.FA~9.e~05 -5- OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY': ITEM 1 MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY HELD OCTOBER .17, 1995 A regular meeting of the Old Town Westside Community Facilities District Financing Authority was called to order at 8:14 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT: 4 BOARD MEMBERS: Lindemans, Roberts, Stone, Birdsall ABSENT: 1 BOARD MEMBERS: Parks Also present were Executive Director Ronald E. Braldey, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. ADJOURNMENT It was moved by Board Member Lindemans, seconded by Board Member Roberts to adjourn at 8:14 PM to a meeting on November 14, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Board Member Parks absent. ATTEST: Patricia H. Birdsall, Chairperson June S. Greek, CMC, City Clerk/ Authority Secretary r:\minutes.otwa~101795 -1- ITEM 29 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Community Development~:~ November 14, 1995 Planning Application No. PA95-0078, Development Agreement for BCI/CCL Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Commission recommends that the City Council: 1. Adopt the Negative Declaration for PA95-0078 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 95-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND BCIICCL VENTURE NO. 1 LIMITED PARTNERSHIP and BCIICCL VENTURE NO. 2 LIMITED PARTNERSHIP FOR SPECIFIC PLAN NO. 199, PLANNING AREA 14, MARGARITAVILLAGE, PLANNING APPLICATION NO. PA95- 0078. BACKGROUND: On November 7, 1988, the County of Riverside approved Development Agreement No. 5 for the Margarita Village Specific Plan (S.P. 199) which includes Tracts 23100 and 23101. On September 12, 1995, the City Council and the developer entered into a Memorandum of Understanding (MOU) that involved certain portions of Tracts 23100 and 23101 (refer to Attachment No. 3 for a copy of the MOU Staff Report). This MOU authorizes the collection of a $3,000.00 per unit Interim Public Facility Fee when the owners obtain a Certificate of Occupancy for the first production home built in the project. Moreover, the developer has committed to complete the Recreation Center on or about December 10, 1995. This Recreation Center has been the center of controversy since the original developer, Bramalea, did not complete it in a timely manner consistent with their Conditions of Approval. To insure the completion of the Recreation Center by this date, the developer and staff have agreed on a construction schedule that ties the completion of the Recreation Center to the inspections of the production homes. The following two milestones were established: R:\STAI~'FRPT~78PA95.CC 11/3/95 sn 1 Production home slab pours cannot start until the Tennis Court is poured and framing inspection is completed on the pool equipment building on or about October 9, 1995. Framing inspections for production homes cannot start until a final clearance is issued for the Recreation Center site on or about December 10, 1995. The first milestone has already been reached and the project is on schedule. For a complete construction schedule refer to Exhibit E of the Development Agreement. The commitments in the MOU set the foundation for the Amended and Restatement Development Agreement. The proposed revisions would reduce the Development Agreement Fee from 85,271.00 per unit to $3,000.00 per unit which is consistent with the recent reductions the City Council has approved for other developers. On October 16, 1995 the Planning Commission recommended approval of PA95-0078 with a 5-0 vote. 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: 1. Ordinance No. 95- - Blue Page 3 ' 2. Proposed Amendment and Restatement of Development Agreement No. 5 - Blue Page 8 3. City Council .Staff Report for the Memorandum of Understanding, September 12, 1995 - Blue Page 9 4. Planning Commission Staff Report, October 16, 1995 - Blue Page 10 R:\STAFFRPT~78PA95.CC 11/3/95 sn ~ ATTACHMENT NO. 1 ORDINANCE NO. 95-__ R:\STAFFRPT~78PA95.CC 1113/95 sa ~3 ATTACHMENT NO. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF THE DEVELOPMENT AGREEIVIF~NT BETWEEN THE CITY OF TEMECULA AND BCI/CCL VENTURE NO. 1 LIMITED PARTNERSHIP and BCI/CCL VENTURE NO. 2 LIMITED PARTNERSHIP FOR SPECIFIC PLAN NO. 199, PLANNING AREA 14, MARGARITA VILLAGE, PLANNING APPLICATION NO. PA95-0078. WHEREAS, Section 65864 et s~. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, in accordance with the procedure specified in said Resolution, BCI/CCL VENTURE NO. 1 LIMITED PARTNERSHIP and BCI/CCL VENTURE NO. 2 LIMITED PARTNERSHIP, a California limited partnership, hereinafter "BCI/CCL" has filed with the City of Temecula an application for a Development Agreement which reflects an amendment and re- statement of existing County Development Agreement #5 (hereinafter "this Agreement"), of a residential housing subdivision on its property for Planning Area 14 located at Tracts 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), hereinafter the "Subject Property" which application has been reviewed and accepted for filing by the Community Development Director; and, WHEREAS, notice of the City's intention to consider adoption of this Agreement with BCI/CCL, 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 October 16, 1995 (Planning Commission), and November 14, 1995 (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and BCI/CCL 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; R:\STAFFRPT~78PAg$.CC 11Bl95 sa B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Subject Property referred to therein 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 provision for a balance of land uses compatible with the remainder of the City; D. Will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; E. Notice of the public heaxing before the Planning Commission was published in a newspaper of general circulation at least twenty (20) days before the Planning Commission public hearing, and mailed or delivered at least twenty (20) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600')of the property as shown on the latest equalized assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or by 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 heating, mailed at least ten (10) days prior to the hearing to the project applicant, to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and place of the public hearing, the identity of. the hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the real 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 therefore and set forth 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: Generation of municipal revenue; 1. Construction of Public infrastructure facilities; R:XSTAFFRPTX78PA95.CC 1113195 ~ -5- 2. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; 3. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; 4. Payment of Public Facility, fire, library, and traffic signal mitigation fees; and, 5. Early completion of the recreation facility required of the project. Section 2. APPROVAL. This Agreement, attached hereto and incorporated herein by this reference as Attachment "1" is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 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 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:\STAFFRPTX78PA95.CC 1 !/3/95 sn Section 6. PASSED, APPROVED, AND ADOPTED this __ 199 . day of Jeffrey E. Stone, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 9 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the__ day of , 199__, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of , by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS June S. Greek, City Clerk R:\STAFFRPT~7gPA95.CC 11/3/95 sn -7- ATTACHMENT NO. 2 PROPOSED AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 R:~TAFFRPTX78PA95.CC 11/3/95 an -8- RECORDED AT THE REQUEST OF City Clerk City of Temecula WHEN RECORDED RETURN TO City Clerk City of Temecula 43174 Business Park Drive Temecula, CA 92590 (Space Above Line For Recorder's Use). AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT SPECIFIC PLAN NO. 199 PLANNING AREA 14 PLANNING 'APPLICATION No. 9443078 and 94-0079 "Margarita Village" BCI/CCL Venture No. 1 Limited Partnership BCI/CCL Venture No. 2 Limited Partnership AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA and BCI/CCL VENTURE NO. 1 LIMITED PARTNERSHIP BCI/CCL VENTURE NO. 2 LIMITED PARTNERSHIP This Amendment and Restatement of Development Agreement ("Amendment")is entered into to be effective on the date set forth in Recital N. and Paragraph 1.7 by and among the City of Temecula, a California Municipal Corporation ("City") and BCI/CCL Venture No. 1 Limited Partnership and BCI/CCL Venture No. 2 Limited Partnership, both California Limited Partnerships (collectively "Owners"): RECITALS A. Pursuant to California Government Code Section 65864, et. Seq. ("Development Agreement Statutes"), Kaiser Development, a California Corporation and others and the County of Riverside, California ("County")entered into Development Agreement No. 5 recorded in the Official Records of Riverside County, California on November 7, 1988, as Instrument No.325515 ("Development Agreement No. 5"). B. Development Agreement No. 5 encompasses a project formerly located within County approved Specific Plan No. 199 known as "Margarita Village", a mixed use subdivision, (the "Original Project") to be developed on property which came within the municipal boundaries of the City when the City incorporated on December 1, 1989. This Agreement encompasses only a portion of the Original Project, located in Planning area 14, 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 F: \REAL\8z,3\3OO~OO~\DEVE LO~,. AGN ~o/~/~5 1 balance of the Original Project covered by Development Agreement No. 5 not included within the above referenced Project ("Lots") is not .amended or impacted by this Agreement. C. Pursuant to the provisions of the Development Agreement Statutes, the City became the successor-in-interest to the County under Development Agreement No. 5 upon incorporation of the City. D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and Owner propose to restate and amend Development Agreement No. 5 to substitute this Agreement for the portion of Development Agreement No. 5 pertaining to the Project. E. Pursuant and subject to the Development Agreement Statutes, the City'spolice powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries or sphere of influence thereby establishing the conditions under which such property may be developed in the City. F. By electing to enter into this Agreement, City shall bind future Members of the City Council of City by the obligations specified herein and further limit the future exercise of certain governmental and proprietary powers of Members of the City Council. shall bind its successors in interest to the obligations specified in this Likewise, Owner Agreement. G~' The terms and conditions of this Agreement have undergone extensive review by the staff of the City, the Planning Commission of the City, and the City Council of City and have been found to be fair, just, and' reasonable. H. City finds and determines 'that it will be in the best interest of its citizens and F: \REAL\843\3006400Z~\DEVELOPz,. AGH 10/04/95 2 the public health, safety and welfare will be served by entering into this Agreement. I. All of the procedures and requirements of the California Environmental Quality Act have been met with respect to this Agreement. J. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities impact fees for residential development within City CRSA Fees"). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Property in order to complete capital proj.ects to mitigate the impact of the development. K. Development Agreement No. 5 provided for public facilities and services impact fees ("County Impact Fees") higher than the RSA Fees. These higher fees, particularly during the present economic situation, unduly discourage and delay development and thereby prevent City from ever receiving the County Impact Fees or RSA Fees. Consequently, the City desires to reduce the County Impact Fees for residential development in the Project to a level comparable to the RSA Fees. L. City and Owner acknowledge that development of the Project will result in the generation of municipal revenue, for public infrastructure facilities and the enhancement of the quality of life, including recreation facilities for present and future residents of the 'City. The benefits to the City and Owner contemplated by development of the Project include: (1) (2) completion of the Recreation Facility required incident to the approval of the Project; completion of vacant lots in Project; F: \REAL \843X300(>GOO4\DEVE LOP4. AGN 10/04/95 3 (3) (4) payment of fn'e mitigation fees; participation in special assessment districts to finance City and regional infrastructure improvements; and additional real property tax increment from the completed Project. (5) M. The City and Owner knowledge that due to the present economic situation, none of these benefits to the City are possible unless the Project proceeds with development. N. City Council of City has approved this Agreement by Ordinance No. adopted on , and effective on ('Effective Date'). On the Effective Date, Development Agreement No. 5 shall be terminated as to the Project only and of no further force and effect with respect to the Project, having been replaced by this Agreement. NOW, THEREFORE in consideration' of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and incorporated herein, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires, the following words and phrases shall have the meaning set forth below: 1.1 'City'is the City of Temeeula. 1.2 'City Public Facility Fee' is an amount to be established by Ordinance of City. 1.3 'County" is the 'County of Riverside. 1.4 'County Public Facilities and Services Fee' means the County Development Agreement Fee as set forth in Section 4.2 of Development Agreement No. 5. F: \REAL \843\]OO6400~\DEVE LOP~,. AGN 10/04/95 4 1.5 "Development Exactions" means any requirement of City in connection with or pursuant to any I_and Use Regulation or Existing Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.6 "Development Plan" means the Existing Development Approvals defined in Section 1.8 below which are applicable to development of the Project. 1.7 "Effective Date" means the date upon which the Ordinance approving this Agreement becomes effective, which date is thirty (30) days following the date the City Council adopted such Ordinance absent a referendum challenge. 1.8 "Existing Development Approval(s)" means those certain development approvals in effect as of the effective date of this Agreement with restx~t to the Property, including, without limitation, the Existing Development Approvals" listed in Exhibit A, attached hereto and incorporated County or the City. 1.9 herein by this reference, which were approved by the "Financing District" means a Community Facilities District formed pursuant to the Mello-Roos Community Facilities Act of 1982, (California Government Code Section 53311 et se~_. as amended); an assessment district formed pursuant to the Landscaping and Lighting Act of 1972, (California Streets and Highways Code Section 22500 et se~_. as mended); a special assessment district formed pursuant to the Improvement Act of 1911, (California Streets and Highways Code Section 10102, as amended); or any other F: \REAL\84v3\30(:)6teOO~e\DEVELOP,~ .AGN 10/0~/95 5 special assessment district existing pursuant to State law formed for the purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a specific geographical area of the City. 1.10 "Interim Public Facilities Fee" means an mount of Three Thousand Dollars ($3,000) per each residential unit developed'in the Project. 1.11 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations, and official policies of City, governing the development and use of land including without limitation, the permitted use of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; the provisions for reservation or dedication of land for public purposes; and the design, improvement, and construction standards and specifications applicable listed on Exhibit B, attached hereto and incorporated to the development of the Property herein by this reference, which are a matter of public record on the Effective Date of this Agreement. "Land Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (a) The conduct of businesses, professions, and occupations; Co) Taxes and assessments; (c) The control and abatement of nuisances' (d) The granting of encroachment permits and the conveyance of rights and interests which pwvide for the use of or the entry upon public property; (e) The exercise of the power of eminent domain. 1.12 "Owner" means the person having a legal or equitable interest in the F: \REAL \E/,3\3OO(~OO~\DEVELOP/, 10/04/95 Project; Development 1.13 Plan. 1.14 'Project' is the development of the Property in accordance with the 'Property' is the real property described in Exhibit C, attached hereto and incorporated herein by this reference. 1.15 "RSA Fee' means the fee established as adopted by City. 1.16 by County Ordinance No. 659, 'Subsequent Development Approvals" means all development approvals required subsequent to the Effective Date in connection with development oft he Property. 1.17 'Subsequent Land Use Regulation' means any Land Use Regulation adopted and effective after the Effective Date of this Agreement. 2. Interest of Owner. Owner represents that it has the fee ti~e interest in the Property and that all other persons holding legal or equitable interests in the Property are to be bound by this Agreement. 3. Exhibits. The following documents are referred to in this Agreement attached hereto, incorporated herein, and made a part hereof by this reference: Exhibit Designation A B C D Description Existing Development Approvals Existing Land Use Regulations Legal Description of the Property Notice From Mortgagee 4. Term. F: \REAL \843\3006~O0/,\DEVE LOP/,. AGIq 10/04/95 7 4.1 The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. 4.2 This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a final order after exhaustion of any appeals directed against the City as a result of any lawsuit filed against the City to set aside, withdraw, or abrogate the approval by the City Council of City of this Agreement. 5. Assignment. 5.1 Right to Assign. The Owner shall have the fight to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.. or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90 04,) to any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties, and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any fight or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the Property. Owner agrees to provide specific notice of this Agreement (which may be by specific exception listed in a Preliminary Title F: \REAL\SZe3\30064004\DEVELOP4. AGN 10/04/95 8 Report or Title Insurance Policy), including the record or document number, where a true and correct copy of this Agreement may be obtained from the Riverside County Recorder. (b) Concurrent with any such sale, transfer, or assignment, or within fifteen (15) business days thereafter, the Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form reasonably acceptable to the City Attorney, by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee expressly and unconditionally assumes an the duties and obligations of the owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constituted a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release. of Transferring Owner. Notwithstanding any sale, transfer, or assignment, a transferring Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by City, which release shall be provided by City upon the full satisfaction by such transferring Owner of ALL of the following conditions: (a) The Owner-no longer has a legal interest in an or any F: \REAL\843\3006400,G\DEVELOP/, .AGN 10/OZ,/~5 C) part of the Property except as a beneficiary under a deed of trust. Co) The Owner is not then in default under this Agreement. (c) The Owner or purchaser has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee provides City with security equivalent to any security previously provided obligations hereunder. by Owner to secure performance of its (e) The Owner has reimbursed City for any and all City costs associated with Owner's transfer of all or a portion of the Property. 5.3 Termination of At, reement with Respect to Individual Lots upon Sale to Public and Completion of Construction. The provisions of Subsection 5.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in 'bulk") sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulkD sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and Co) A Certificate of Occupancy has been issued for a building on a lot, and the fees set forth in this Agreement have been paid. F: \REAL\Eze3\300640G4\DEVELOP4. AGfe 10/0~/95 lO 5.4 Subsequent Assignment. Any subsequent sale, transfer, or assignment after an initial sale, transfer, or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 6. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such request for in. terpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement~ Owner shall reimburse City for any and all of City's reasonable costs associated with said negotiations, interpretations, and modifications and shall make reimbursement payments to City within thirty (30) days or receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following fights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. Co) The Mortgagee of'any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing, in the F: \REAL\8~3\30064004 \DEVELOPs, .AG/R 10/04/~5 ] l form as attached hereto as Exhibit D, attached hereto and incorporated herein by this reference, to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the Owner's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee, in the form set forth on Exhibit D, attached hereto and incorporated herein by this reference, requesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall endeavor to provide a copy of that notice of default to the Mortgagee within ten (10) days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any pan thereof, pursuant to foreclosure of the mortgage ..or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any Other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City'spefformance hereunder, and further provided that any sale, transfer, or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.1 of this Agreement. The term of the Agreement shall not be F: \REAL \843\300~O04\DEVELOP~. AG/4 10/04/~5 12 extended based on the fact that a Mortgagee holds title to the Property for an or any part of the term of this Agreement. (e) portion thereof, obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. Any Mortgagee who comes into possession of the Property, or any pursuant to subsection (d) above and who elects not to assume the 7. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the parties to it in with the provisions of and subject to the limitations of this Agreement. PrOject as a Private Undertaking/Relationsh~ and agreed by and between the parties hereto of Parties. It is specifically that the development of the accordance 8. understood No partnership, joint The only relationship the development of Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. venture, or other association of any kind is formed by this Agreement. between City and Owner is that of a government entity regulating private property and the owner of such property. 9. Changes in Project. No material change, modification, revision, or alteration of Existing Development Approvals may be made without the prior approval by those agencies of the City equivalent to the County agencies that approved the Existing Development Approvals in the tirst instance (if the County had granted the approvals) or by the same City agency that granted-the Existing Development Approvals, (if the City F: \REAL \8,4,3\300~004~\DEVE LOPZ>. AGN 101041~5 ] 3 granted the approval in connection with the adoption of this Agreement). City may expand the permitted uses for the Property without amending this Agreement so long as Owner or Owner's successor retains his/her/their existing entitlements. 10. Timing of Development. The parties acknowledge that Owner cannot at this time predict when, or at the rate at which the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, it is the parties intent to cure that deficiency by acknowledging and providing that the Owner shall have the right to develop the Property in such order, at such rate, and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements specifically set forth in the Development Plan. 11. Indemnity and 'Cost of Litigation. 11.1 Hold Harmless. Owner agrees to and shall hold City, its officers, employees, agents, and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Owner or those of its contractor, subcontractor, employee, agents, or other person acting on its behalf which relate to the Project (excluding F: \REAL \843 \300(:~O(:)~\DEVE LOP4 .AGH 1 O/Oz,/~5 ] 4 actions by any party not related to Owner or authorized to act for Owner). Owner agrees to and shall indemnify, protect, defend, and hold harmless the City and its officers, employees, agents, and representatives from actions for damages caused or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Project. This indemnification requirement shall extend beyond the termination or expiration of this Agreement. There are no intended or incidental third party beneficiaries to Owners obligations under this paragraph 11.1. 11.2 Count.v Litigation Concerning Agreement. In the event the County seeks to challenge the right of City and Owner to enter into this Agreement or to terminate Development Agreement No. 5, and institutes an action, suit, or proceeding to challenge this Agreement or invalidate and/or enjoin the enforcement of this Agreement or the amendment of Development Agreement No. 5, City and Owner agree to cooperate and participate in a joint defense in any action against 'the parties, their officers, employees, and agents, from and against any and all such obligations, liability, suit, claim, loss, judgment, or lien resulting from such action(s) brought by County, (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Agreement and/or terminate Development Agreement No. 5. If the County action is against all impacted developments for which the City has lowered the otherwise applicable County fees, then Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a faction, the numerator F: \REAL \8,G3\3OO6~OG6\DEVE LOf>4. AGN 10/06/95 ] 5 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 Agreement or the amendment to County Development Agreement No. 5, then Owner's defense costs shall be one-hundred percent (100%) of the attorneys fees and costs for defense of the litigation. Damages "(including the difference in the amount of any Interim Public Facilities Fee and the amount of the County Development Agreement Fee paid by Owner to City pursuant to the tens of this AgreemenO shall be the responsibility of Owner. To the extent Owner has paid Public Facilities Fees and/or County Development Agreement Fees to City of which it is adjudicated Coy 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. 11.3 Public Facilities Fees Shortfall. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this Agreement and the amendment of Development Agreement No. 5, 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 F: \REAL \843'%,3006~O0/,\DEVELOP~,. AGN 10/04/95 ] 6 Facilities Fee, as the case may be, and the County Development would otherwise have been Owner shall be responsible County of any amounts Agreement Fee which imposed pursuant to Development Agreement No. 5, then for paying any such shortfall subject to City's payment to collected and held by City under the terms of Development Agreement No. 5 -- in excess of that due City under Development Agreement No. 5. Such payment by City and County shall reduce Owner's liability to County for payment of such fees by a like amount paid by City. 11.4 County Prevails in Litigation - Severability. In the event the County prevails at the trial court level against the City or the Owner as described in Section 11.2 of this Agreement, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County, or such lesser amount as determined by' the court. In the event this Agreement is held to be invalid or unenforceable by a trial court of competent jurisdiction, the provisions set forth in Sections 12.2 and 12.3 of this Agreement shall no longer be enforceable and from the date of said final judgment or ruling of invalidity, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5, or such lesser amount as determined by the court. AU other provisions of this Agreement shall remain valid and enforceable notwithstanding said ruling of invalidity. 11.5 Third Party Litigation Concerning Agreement. Owner shall indemnify; protect; defend, at its expense--including attorney's fees; and hold harmless City, its officers, employees, or agents against any loss, cost, expense, claim, or counter-claim, complaint, or F: \REAL \8,~3\3OO&~OO~\DEVE LOP,~ .AGN 10/04/9~ 17 proceeding to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement brought by a third party other than the County, which claim is based upon this Amendment. 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 falls to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion claim, action, or proceeding. 11.6 Environmental Assurances. participate in the defense of any such Owner shall indemnify, protect, defend with counsel approved by City, and hold harmless City, its officers, employees, agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (inclUding but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred, or suffered by, or 'asserted against, City or its officers, employees, or agents arising from or attributable to any repair, cleanup, or detoxi~cation, or preparation and implementation of any removal remedial, response, closure, or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Substance or hazardous wastes at any place within the Property which is the subject of this Agreement. The foregoing indemnity F: \REAL \8~3\3OO6~.OO4, U)EVE LOP/, .AGH 10/04,/95 ] 8 extends beyond the term of this Agreement and is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation, and Liability Act, "CERCLA," 42 U.S.C. Section 9667(e), and California Health and Safety Code Section 25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City from liability. 11.7 specific performance Release. Except for nondamage remedies, including the remedy of and judicial review as provided for in Sections 19, 20, and 21 hereof, City, for itself, its successors and assignees, hereby releases the City, its officers, agents, and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agreement or because of the terms of this Agreement. 11.8 Reservation of Rights. With respect to Sections 11.1 to 11.7 herein, City reserves the right to either (1) approve the attorney(s) which Owner selects, hires, or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that Owner shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorney's fees, upon billing and accounting therefor. 11.9 Survival. The provisions of this Section 11.1 to 11.9, inclusive, shall survive the termination of this Agreement. F: \REAL \BZ~3\3OO6ZeOO,G\DEVELOP~. AGN 10104195 19 12. Public Benefits. Public Improvements and Facilities. 12.1 Intent. The parties acknowledge and agree that this Agreement confers private benefits on the Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from development of the Project. 12.2 Public Facilities Fee (Residential): Other Public Benefits. (a) In Lieu of the County Development Agreement Fee, RSA Fee or City Public Facility Fee, for a period of five (5) years commencing on the Effective Date, Owner shall pay an Interim Public Facilities Fee of Three Thousand Dollars ($3 ,000.00) per dwelling unit. The Interim Public Facilities Fee shall be paid as provided in Section 12.5 below. At the conclusion of the five (5) year period, Owner shall either continue to pay the Interim Public Facilities Fee of Three Thousand Dollars ($3,000.00)per dwelling unit or such other public facilities fee as the City has then enacted and applied to residential development projects in the City. Owner expressly acknowledges the existence and holding in the case of Kaufman and Broad Central Valley. Inc. v. City of Modesto, (1994), 25 Cal. App.4th 1577, as it applies to later adopted fees. Owner hereby waives for himself, and for any successor thereto, the right to challenge the validity or amount of any such other public facilities fees which are enacted and applied to residential development projects in the City. Such waiver applies to the Project after the tirst five (5) years of this Agreement. Owner acknowledges and agrees that City would not have entered into this Agreement if its application or operation would limit in any way the City's ability to develop and apply F: \REAL \843\3006/,OO/e\DEVE LOP~.. AGIR 10/0z,/95 20 a Comprehensive Public Facilities Fee Program to this Project following the first five (5) years of the term of this Agreement. Owner further acknowledges and agrees that the waiver provided herein applies not only to this Agreement, but to any rights Owner ma3j have under any vesting map filed and deemed complete under the vesting maps statutes, Government Code Section 66498.1 et seq. Finally, Owner agrees that the institution of any legal action by Owner, or any successor thereof, to challenge the validity, amount, or application of any public facilities fee after the first five (5) years of this Agreement, including paying such fees "under protest" pursuant to Government Code Section 66020 et seq., shall constitute a material breach and default under this Agreement entitling the City to summary termination thereof. (b) Owner shall also pay all other lawful customary and typical development exactions, for a Project of this size and nature, in existence as of the Effective Date and throughout the term of this Agreement, including but not limited to, Fire, Traffic Signal Mitigation, and K-Rat Fees pursuant to the provisions of City ordinances and resolutions' in the existence when paid. (c) Owners shall provide the public benefits stated in Recital L. hereof, which are incorporat~ herein and made a part hereof. As to the Recreation Center, Owner shall be subject to the performance schedule set forth on Exhibit E, attached hereto and incorporated herein by this reference. 12.3 Timing. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees, if any, required to be paid by Owner pursuant to this Agreement shall be deferred until such time as a certificate of occupancy has been obtained for the first F: \REAL\843\3006~OO4\DEVELOP4. AGIq 10/04/95 2 ] production home built on the Property. Thereafter, the Interim Public Facilities Fees shall be paid at the time of issuance of building permits for each residential unit constructed on the Property. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees paid by the Owner for the model home units in surplus to those fees contained herein shall be credited to Owner. 12.4 Other Applicable Fees. The parties hereto agree that to the extent the fees set forth below have not ben paid prior to the execution of this Agreement by both parties, the Stevens Kangaroo Rat, library, fire, drainage, and traffic signal mitigation fees remain applicable to the Project. In the event City establishes a permanent public facility fee program which is specifically designed to include one or more of the fees listed above, Owner, or Owner's successor, shall not be obligated to pay such fee or applicable part thereof more than once. be applicable construction. 13. 12.5 Public Works. If Owner is required by this Agreement, or any other obligation~ to construct any public works facilities which will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Owner shall perform such work in the same manner and subject to the same requirements as would to City or such other public agency should it have undertaken such Reservation of Authority. 13.1 Limitations. Reservations. and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to F: \REAL\8~3\3OO(~OO~\DEVELO~,. AGN 10/0~/9S 22 the development of the Property: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals. Co) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure. (c) RegulationS' imposing Development Exactions; provided, however, that no such subsequently adopted Development Exactions shall be applicable to development of the Property. unless such Development Exactions are applied uniformly to development throughout the City. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in pan, as the fees set forth in this Agreement, City shall allow a credit against such subsequently adopted Development Exaction for the fees paid under this Agreement to the extent such fees fulfill the same purposes. (d) Regulations governing construction standards and specifications including without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. (e) Regulations which are in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or dining of F: \REAL\843\300~OO4\DEVELOP/, .AGH 10/04/~5 23 development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations which are in conflict with the Development Plan provided Owner has given written consent to the application of such regulations to development of the Property. 13.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development Plan. 13.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with constitutional provisions preventing application of such law or regulation, such laws or' regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 13.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the-control of City possess authority to regulate aspects F: \REAL \8~3\300(~O04\DEVELOP/e. AGN 10/04/~5 24 of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 13.5 Tentative Tract Map F. xtension. Pursuant to the provisions of Sectior~ 66452.6 of the Government Code, the tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan shall be extended to expire at the end of the term of this Agreement. 13.6 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in-connection with the development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seq,)and Riverside County Ordinance No. 460, as the same were incorporated by reference into the Temecula Municipal code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protection afforded the Owner and City respectively, under the laws and-ordinances applicable to vesting maps shall supersede provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over conflicting provisions of law or ordinances concerning vesting maps. 14. Development of the Property. Vesting. Termination of Development Agreement No. 5. 14.1 Rights to Develop.- Subject to the terms of this Agreement, including F: \REAL\8~3\3OO&/,OO/,\DEVELOP~ .AGN 10/0~/~ 25 payment of the Interim Public Facilities Fee, the Owner shall have a vested right to develop the Property in accordance with, and to the extent of the Development Plan. The Project shall remain subject to all Subsequent Development Project as contemplated by the Development Plan. Approvals required to complete the Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. In exchange for the vested right to develop. pursuant to this Agreement, Owner expressly waives for himself and for any successor thereto, the right to challenge or contest the validity of any condition of approval attached to any entitlement which is a part of the Development Plan. 14.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the payment of the Interim Public Facilities Fee, the rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, specifications applicable to development improvement and construction standards and of the Property shall be the Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in connection with Subsequent Development Approvals in accordance with the Development Plan, and as provided ~by this Agreement including, but not limited to, payment of the Interim Public Facilities Fee and/or the City Public Facilities Fee, as the case may be. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such applications shall be processed- in the normal manner for processing such matters. F: \REAL \8~.3\3006600,4.\DEVELOP,6 .AGN 10/01,/95 26 City may, at the request of Owner, contract for planning and engineering consultant services to expedite the review and. processing of Subsequent Development Approvals, the cost of which shall be borne by Owner. 14.3 Chant, es and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In 'the event the Owner finds that a change in the Existing Development Approvals is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change. If approved, any such change in the Existing Development Approvals shall Agreement and may be further changed be incorporated herein as addendure to this from time to time as provided in this Section. Owner, shall, within thirty (30) days of written demand by City, reimburse City for any and all reasonable costs, associated with any amendment or change to this Agreement that is initiated by Owner or Owner's successor -- without regard to the outcome of the request for amendment or change to this Agreement. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment does not: to this Agreement provided such change (a) Alter the permitted uses of the Property as a whole, except as provided in Section 9 hereof; or, (b) Increase the density or intensity of use of the Property as a whole; or, (c) Increase the maximum height and size of permitted buildings; or, F: \REAL\SA3\3OO6~O(Y,\DEVELOPZ~ .Ag4 10/0~/95 27 (d) public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or a supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. 14.4 Minimum Unit Size. Owner agrees that the units to be constructed on the Property shall be a minimum of one thousand (1,000) square feet in size. 14.5 Termination of Development Agreement No. 5. Both City and Owner agree that on the Effective Date of this Agreement, Development Agreement No. S shall be terminated and of no further force or effect as to this Project only, having been replaced by this Agreement. 15. Periodic Review of Compliance with Agreement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the Effective Date of this Agreement. The Owner or successor shall reimburse City for the reasonable and necessary costs of this review, within thirty (30) days of written demand from City. (b) During each periodic review by City, the Owner is required to demonstrate good faith compliance with the terms of this Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. 16. Financing District. Upon the request of Owner, the parties shall cooperate in exploring the use of special assessment districts and other similar Financing Districts for Delete a requirement for the reservation or dedication of land for F: \REAL \Si,3\3OO6~OO~e\DEVELOPZ, .Age 10/GG/95 28 the financing of the construction, improvement, or acquisition of public infrastructure, facilities, lands, and improvements to serve the Project and its residents, whether located within or outside the Property. It is acknowledged that nothing contained in this Agreement shall be construed as requiring City or City Council to form such a district or to issue or sell bonds. 17. or canceled Amendment or Cancellation of Agreement. This Agreement may be amended in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Sections 65868, 65867 and 65867.5. If an Amendment is requested by the Owner or its successor, the Owner/successor agrees to pay City any Development Agreement Amendment fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and reasonably necessary costs of reviewing and processing said Amendment within thirty (30) days of written demand from City--without regard to City's action on such amendment. 18. Enforcement. Unless amended-or canceled as herein provided, this Agreement is enforceable by any party to it notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by the City which alter or amend the rules, regulations, or policies governing permitted uses of the land, density, design, improvement, and construction standards and specifications. 19. Events of Default. Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation, or statement made or furnished by Owner to City is false or proves to have been false in any material respect when it was made; F: \REAL\8Z,3\30064004\DEVELOP,~. AGN 10/0,,/. 29 (b) written request to Owner for payment or reimbursement agreed to pursuant to this Agreement. (c) A finding and determination evidence the Owner has not complied in good faith conditions of this Agreement. 20. Procedure Upon' Default. More than forty-five (45) days have passed since City's making of a for a fee or service authorized or by City that upon the basis of substantial with one or more of the terms or (a) Upon the occurrence of an event of default, City may terminate or modify this Agreement in accordance with the procedure adopted by the City. Co) City does not waive any claim of defect in performance by Owner if on periodic review the City does not propose to modify or terminate this (c) Non-performance shall not be excused because of a failure of a third implied Agreement. person. (d) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by Governor. (e) All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development' agreements are available to the parties to pursue in the event there is a breach. 21. Damages Upon Termination. It is acknowledged by the parties that City would not have entered inW this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. Owner, for itself or any successor F: \REAL \843 \3006~004 \DEVE LOP4. AGN 10/04/95 30 thereto, expressly waives the right to seek damages against the City or any officer, employee, or agent thereof, for any default or breach of this Agreement. As a matter of agreement between BCI/CCL No. 1 and BCI/CCL No. 2, all costs are associated with indemnity or liabilities described hereunder, shall be divided between such parties sixty percent (60%) to BCI/CCL No. 2 and forty percent (40%) to BCI/CCL No. 1. In general, each of the pardes hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and Owner covenants not to sue for or claim any damages for breach of that Agreement by City. 22. Attomey's Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 23. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mall, postage prepaid and presumed delivered upon actual receipt by personal delivery or within three (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: To City: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Clerk With A copy to: Peter M. Thorson, Esq. City Attorney Burke, Williams & Sorensen F: \REAL \BZ,3\3OO6AOOZ,\DEVE LOP~,. AGN 10/0~/95 3 1 611 W. Sixth Street, Suite 2500 Los Angeles, CA 90017 Notices required to be given to Owner shall be addressed as follows: To Owner: BCI/CCL Venture No. 1 and BCI/CCL Venture No. 2 c/o CCL Chardonay Hills, Inc. 2010 Main Street, Suite 960 Irvine, CA 92714 Attention: Joe Richter With A copy to: Paimieri, Tyler, Wiener, Wilhelm & Waldron 2603 Main St.,East Tower, Suite 1300 Irvine, CA 92714 Attention: Gregory N. Weiler, Esq. A party' may change the address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 24. Cooperation. City agrees that it shall accept for processing and promptly take action on all applications, provided they are in a proper from and acceptable for required processing for discretionary permits, tract or parcel maps, or other land use entitlement for development of the Project in accordance with the provisions of this Agreement. City shall cooperate with Owner in providing expeditious review of any such applications, permits, or land use entitlement and, upon request and payment of any costs and/or extra fees associated therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or other staff personnel as required to insure the timely processing and completion of the Project. 25. Rules of Construction and Miscellaneous Terms. F: \REAL\8~3\3OO6~OOZ,\DEVELOP/,. AGt4 10/0z,/95 32 joint and several. (a) The singular includes the plural; the masculine gender includes the feminine; 'shall' is mandatory, "may' is permissive. If there is more than one signer of this Agreement their obligations axe written Agreement. (c) The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of the (d) This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person, including but not limited to third party beneficiaries, of this Agreement. 26. Entire AEreement. complete, final, entire, hereto, and is intended shall have any fight of action based upon any provision This Agreement and the exhibits hereto contain the and exclusive expression of the agreement between the parties by the parties to completely state the agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any party in relation thereto not expressly set forth in this Agreement shall be null and void. 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other party to this Agreement is in the physical possession of the party seeldng enforcement thereof. 28. Authority to Execute. Each party hereto expressly warrants and represents F: \REAL\8~,3\3OO6~OO4\DEVE LOP/, .AGN 10/0~/9'5 33 that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder. IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. "City" City of Temecula Attest: Jeffrey E. Stone, Mayor June S. Greek, City Clerk Approved as to form: Peter M. -Thorson,. City Attorney [Notary Required] F: \REAL\8~3\3OO6GOC~\DEVELOP~. AGiq 10/0~/~5 34 "Owner 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 ~c~ '~-~T. STATE OF CALIFORNIA COUNTY OF ORANGE On OctOber 11, 1995 , before me, Arleen D. Sales, Notary Public, personally appeared David Chang , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and' official seal. Signature of Notary CAPACITY CLAIMED BY SIGNER Individual ~'Corporate Officer Title(s) President ~]'Partner(s) 71 Limited C~'General 71 Attorney-In-Fact 71 Trustee(s) 71 Guardian/Conservator ~1 Other SIGNER IS REPRESENTING: CCL Chardonnay Flill~, Inc., a California corporation, General Parmer of BCI/CCL Venture No. 1, L.P. & BCI/CCL Venture No. 2, L.P. DESCRIPTION OF ATTACHED DOCUMENT Amendment and Restatement of Development Agreement Specific Plan Area 14 Planning Application No. 94-0078 and 94-0079 "Margarita Village" NUMBER OF PAGES Forty-Four (44) EXHIBIT A EXISTING DEVELOPMENT APPROVALS General Plan - Low-Medium Density Residential Specific Plan - State Subdivision Map Act No. 460, Specific Plan No. 199 (M_argarita Village), Ordinance No. 348. Development Agreement -Development Agreement No. 5 Land Divisions - Tentative Tract 22716 Final Tract Map Nos. 23101-2; 23101-3; 23100-1; 23100-2; 23100-3; 23100-4 F: \REAL\8z.3"~3OO&~OO,G.U)EVELOP~..AGN 111061~5 EXHIBIT B EXISTING LAND USE REGULATIONS General Plan Land Use designation is Low-Medium Density Residential. F: \REAL\8~3\3OO6/,OO~\DEVELOP,~. AGN 10/0~,/95 EXItmlT C LEGAL D~C~ON PARCEL 1: Lots 1 through 9 of Tract No. 23101-3, as shown by Map on file in Book 249, pages 61 and 62 of Maps, Records of Riverside County, California. PARCEL 3: Lots 54 through 59, inclusive, and 67 and 68 ofTFact No. 23100--1,as shown by Map on file in Book 214, pages 5 through 11 of Maps, records of Riverside County, California; EXCEPTING THEREFROM, all mineral, oil and gas fights below the depth of 500.00feet below the surface of said land without the fight of surface entry as reserved by Kaiser Development Company, a California corporation, in Deed recorded November 13, 1987 as Instrument No. 326397 of Official Records of Riverside County, California. PARCEL 4: Lots 1, 2, 7, 10, 13, and 14 of Tract No. 23100-2, as shown by Map on file in Book 214, pages 12 through 15 of Maps, records of Riverside County, California; EXCEPTING THEREFROM, all mineral, oil and gas fights below the depth of 500.00 feet below the surface of said land without the fight of surface entry as reserved by Kaiser Development Company., a CalifOrnia corporation, in Deed recorded November 13, 1987 as Instrument No. 326397 of Official Records of Riverside County, California. PARCEL 5: Lots 1 through 23 of Tract No. 231004, as shown by Map on file in Book 249, pages 57 through 60 of Maps, records i3f Riverside County, California; PARCEL 6: Lots 1 through 7, 60 through 68, and 97 through 108, inclusive, of Tract No. 23101-2 as shown by Map on file in Book 228, pages 15 through 21, inclusive, of Maps, records of Riverside County, California; EXCEPTING THEREFROM, all mineral, oil and gas fights below the depth of 500.00 feet below the surface of said land without the fight of surface entry as reserved by Kaiser Development Company, a California corporation, in Deed recorded November 13, 1987 as Instrument No. 326397 of Official Records of Riverside County, California and as deeded F: \REAL \843\30064004\DEVE 11106195 to Midland Investment Corporation in document recorded April 15, 1988 as Instrument No. 99500 of Official Records of Riverside County, California. ALSO EXCEPTING FROM SAID Lots 110 and 111 any and all oil, oil rights, minerals, mineral rights, natural gas rights and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under said property, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from said property or any other land, including the right to whipstock or directionally drill and mine from lands other than said property, oil or gas wells, tunnels and shafts into, through or across the subsurface of said property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without, however, the right to drill, mine, store, explore or operate through the surface or upper 500 feet of the subsurface of said property, purportedly reserved by Bramalea California, Inc., in deeds recorded October 5, 1994 as Instrument No. 385827 and 385828, both of Official Records of Riverside County, California. PARCEL 7: Lots 2 through 28, inclusive, and 60 through 67 inclusive, of Tract No. 23100-3, as shown by Map on file in Book 222 Pages 44 through 49 of Maps, records of Riverside County, California; EXCEPTING THEREFROM, all mineral, oil and gas rights below the depth of 500.00 feet below the surface of said land without the right of surface entry as reserved by Kaiser Development Company, a California corporation, in Deed recorded November 13, 1987 as Instrument -No. 326397 of Official Records of Riverside County, California. PARCEL 8: Lot 1 of Tract No. 23100-3 as shown by Map on file in Book 222 pages 44 through 49 of Maps, records of Riverside County, California, together with that certain portion of Lot 39, Tract No. 20879, as shown by Map on file in Book 169 pages 16 through 19 of Maps, records of Riverside County, California, more particularly described as follows: BEGINNING at the most westerly comer of said Lot 1, said comer also being a point on the Northeasterly line of said Lot 39; thence Southeasterly, along the Southwesterly line of said Lot 1, and the Northeasterly line of said Lot 39, South 36° 06' 41" East (South 36° 06'31"East per M.B. 169/16-19), a distance of 80.00feet to the Southwest comer of said Lot 1; thence leaving said Southwesterly line of said Lot 1 and the Northeasterly line of said Lot 39, South 53° 53' lg"West, a distance of 88.46 feet; thence North 08°06'32"West, a distance of 86.18 feet; F: \REAL\8~3\3OO6~OO~\DEVELOP,~. AGN 11106195 thence North 17°51'01"west, a distance of 50.84 feet to a point on the Northerly line of said Lot 39; thence Northeasterly, along the Northerly line of said Lot 39, North 67° 31'01"East (North 67° 31'll"East per M.B. 169/16-19) a distance of 33.00feet to the most Northerly corner of said lot 39, said point also being a point on the Southwesterly line of Lot 2 of said Tract No. 23100-3; thence Southeasterly along the Southeasterly line of said Lot 39 and the Southwesterly line of said Lot 2, South 36°06'41"East (South 36°06'31~East per M.B. 169/16-19), a distance of 36.59 feet to the most Westerly corner of said Lot 1, said point also being the point of beginning .,- PARCEL 9: Lot 68 of Tract No. 23100-3 as shown by Map on file in Book 222 pages 44 through 49 of Maps, records of Riverside County, California, together with that portion of'Parcel 1 of Parcel Map No. 22554, as shown by Map on file in Book 147, pages 94 to 98 thereof of Parcel Maps, records of Riverside County, Califomia, more particularly described as follows: Beginning at the Northeast corner of said Lot 68, said corner being a point on a curve concave to the Southwest having a radius of 1770.00 feet to which point a radial line bears North 52° 35'24"East; thence Southeasterly along the Easterly line of. said Lot 68 and along said curve through a central angle of 2°25'13"an arc length of 74.77 feet to the true point of beginning; thence Southeasterly, leaving said Easterly line, South 34° 59'23"East, a distance of 17.46 feet; thence South 55°29'05"West a distance of0.09feet to the Southeast corner of said Lot 68, said corner being a point on a curve concave to the Southwest having a radius of 1770.00 feet to which point a radial line bears North 55° 34' 31" East; thence Northwesterly, along the Easterly line of said Lot 68 and along said curve through a central angle of 0° 33'54",an arc length of 17.45 feet to the true point of beginning. F: \REAL \8~3\3OO6~OO~\DEVELOP~, .AGH 11 REQUEST EXHIBIT D FOR NOTICE OF DEFAULT UNDER DEVELOPMENT AGREEMENT Development Arreement: Amendment and Restatement of Development Agreement Specific Plan Now 199. Mar~arita Planning Application No. Village Date: To: City Clerk and Planning Director, City of Temecula Pursuant to Section 6Co) and (c) of the above-referenced Amendment and Restatement of Development Agreement, request is hereby made by as Mortgagee for the property (or portion thereof) to receive copies of any Notice of Default issued by City against Owner in accordance with the terms and conditions of such Amendment and Restatement of Development Agreement. Copies of any such Notices should be mailed to the following address: (Mortgagee) (Person/Department) (Address) (City/State/Zip) (Telephone No.) A copy of this Notice should be filed with the project file to insure proper and timely notice is given. Under the teams of said Amendment and Restatement of Development Agreement, as Mortgagee is entitled to receive copies of any Notice of Default within ten (10) days of sending any such Notice to Owner. Failure to send any such Notice may have serious lel, al consequences for the City. This request is to remain in effect until revoked by as Mortgagee or the Amendment and Restatement of Development Agreement is terminated. The person executing this document on behalf of said Mortgagee warrants and represents that the entity he/she represents is a bonafide Mortgagee of said property and is entitled to receive copies of Notices of Default under said Amendment and Restatement of Development Agreement. F: \REAL \8~,3\3OO(~OO4~DEVE LOP/, .AGN 10/04,/95 The undersigned declares the above information is true and correct under the penalty of perjury under the laws of the State of California. Dated: ,1995. MORTGAGEE By: (signature) Its: (printed name) (flUe) [Notary required] This Notice is to be sent to both the City Clerk and Planning Director for the City of Temecula at 43174 Business Park Drive, Temecula, CA 92590 or such other location as Temecula City Hall may be located in the future. F: \REAL\8,G3\3OO6&.OO4.\DEVELOP/, .AGN 10/0,G/95 EXHIBIT E PERFORMANCE SCHEDULE FOR RECREATION CENTER [See attached] F: \REAL \8/e3\3OO&f, OO~\DEVE LOP~,. AGN 10/G4/95 CCL CENSTKUCMON, cny dTemsmh ~,;~4~ DepL 43174 Bmbsms :pszk D~v~ Tr,,.~so. C,,~re,.,,p. 92590 Plmse f. md·,u'~'''''' mnupdmtsd sobsdido fortbe Roaeafian~ Arm for TrssZ23103-l st C:htrdonnmY Hills* To izauze'tiz,-,,..- 'La~ facilifiaproZre~ llmsposo~ng tbs followb8 aidcml dses u, our Pzoduaim Sbbpourcssnatmst"'*° tbeTemsis Coaztlspauredms~.Fnan.lns boo msths~ntlr~q **" 'nJ~ldl'egtm°rabautOct°bec9' Fr.~= 1,- ~-- ' :^--' for pt~.~J0s unlu ~ sn~ until a Ceni~.-~- of Oc,.~p.~-7 is issusd for bs !teczsrbTp"l sits om wdsout i::)eonnbst 10, 199~. Pleas cos au il~.tbSsedtmmeetwtshY°ursPPmvdezify°useedmy furLha infoms~on- My phoz mu~ is (714) 553-3214 exz. #1~. chm4. w. mufti mmm F -- ~. ~,. -a'ieee ONeetA:- lael'gl,i.! OATe~ 3 cw, m, ww mad i O,~n,iw t ~ A'H'ACHMENT NO. 3 CITY COUNCIL STAFF REPORT FOR THE MEMORANDUM OF UNDERSTANDING, SEPTEMBER 12, 1995 R:~STAFFRPT~78PA95.CC 11/3/95 sn -9- APPROVAL CITY ATTORNEY 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. I for the Vicin!ty 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 0~ 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 iDrevious approvals granted to similar I~rojects in the City such as Cosrain 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 MOU 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 9/7195 so 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 = 8333,000 Attachments: Vicinity Map - Page 3 Memorandum of Understanding - Page 4 R:~STAFFRP'BCCL.MOU 9//195 ATTACHMENT NO. 1 VICINITY MAP R:\STAFFRFI'~CCL.MOU 9/7/95 CITY OF TEIVIECULA II t '; /~ ~ ~ I 11 I II .- / CASE NO. - SPECIFIC PLAN NO. 199 ATTACHMENT- 1 CITY COUNCIL DATE - SEPTEMBER 12, 1995 VICINITY MAP R:\ST.-kFFRPT',CCL,MOU 915/95 sn ATTACHMENT NO. 2 MEMORANDUM OF UNDERSTANDING R:'~'rAFFR. FI~,CCL.MOU 9/'7/95 MEMORANDUM OF UNDERSTANDING CONCERNING PLANNING AREA No. 14 OF SPECIFIC PLAN No. 199 BCI/CCL VENTURES No. 1 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 "CityJ') 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 Owner (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 (15.1ors); 23100-3 (28 lots); 23100-4 (23 lots); 23i01-2 (28 lots); and 23101-3 (9 lots) for a total of' II1 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, pal-Cicularly 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 Novez~Der 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-! {"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 Litication Concernin~ ACreement. 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\memo5. agm, -3 - Owner's defense costs heroin 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 heroin 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 beloG, 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 Count? Prevails in LitiCation - Sever~bi!itv. 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 -4-- F: \real \8-t3\3006400-t\mem=5. agn 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 unenforceab!e by a trial court of competen~ 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 Litication ConcerninC ACreement. 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 W~EREOF, the parties executed this Memorandum as of this day August, 1995. By: CITY OF TEMECULA Jeff Stone, Mayor F :\real \843\30064004\met~cS. a~m --5 -- ATTEST: June S. Greek, City Clerk kPPROVED 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: COL CHARDONAY HILLS, INC., a California corporation, their General Partner By Its real \843\30064004\men~5. agm -- 6 -- A'I'I'ACHMENT NO. 4 PLANNING COMMISSION STAFF REPORT, OCTOBER 2, 1995 R:\STAFFRPT~78PA95.CC 1 I/3/95 sn - ] 0- STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION October 16, 1995 Planning Application No.: PA95-0078 Amendment and Restatement of Development Agreement No. 5 for Final Tract Maps 23100-1,23100-2, 23100-3, 23100-4, 23101-2, and 23101-3, within Specific Plan No. 199. Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: 1. ADOPT the Negative Declaration for PA95-0078; and m APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: GENERAL PLAN DESIGNATION: EXISTING LAND USE: ADOPT Resolution No. 95- recommending approval of PA95-0078 by City Council, based upon the Analysis and Findings contained in the Staff Report. BCI/CCL Charles Kluger A Request for Approval of a Development Agreement for Final Tract Maps 23100-1, 23100-2, 23100-3, 23100-4, 23101-2, and 23101-3, within Specific Plan No. 199. Located at Rancho California Road and Promenade Chardonnay Hills Road SP (Specific Plan) North: South: East: West: SP (Specific Plan) SP (Specific Plan) SP (Specific Plan) SP (Specific Plan) N/A Low Medium Density Residential (3 to 6 dwelling units per acre) Vacant R:\STAFFRPT~,78PA95.PC 9/26/95 sn 1 SURROUNDING LAND USES: North: South: East: West: Single Family Dwellings Single Family Dwellings Single Family Dwellings Single Family Dwellings PROJECT STATISTICS Number of Lots: Existing Development Agreement Fee: Proposed Development Agreement Fee: 111 $5,271.00/Unit 93,000.00/Unit BACKGROUND On November 7, 1988 Development Agreement No. 5 was approved by the County of Riverside for the Margarita Village Specific Plan (S.P. 199) which includes Tracts 23100-1, 23100-2,23100-3,23100-4,23101-2, and 23101-3. BCI/CCL was the silent partner with Bramalea in the Chardonnay Hills tract (refer to Exhibit A for the Vicinity Map). BCI/CCL has taken over the partnership and will be building out the tract. Recently BCI/CCL approached the City to execute an Amendment and Restatement of this Development Agreement in order to receive a reduction in the Development Agreement fees. As a first step in the process, the City and the developer entered into a Memorandum of Understanding (MOU) on September 12, 1995 which was included for the Planning Commissions' information with the August 21, 1995 Packet (refer to Attachment No. 4 for the City Council Staff Report and the MOU). This MOU authorizes the collection of 93,000.00 per unit Interim Public Facility Fee when the owners obtain a Certificate of Occupancy for the first production home built in the project. Moreover, the developer has committed to complete the Recreation Center on or about December 10, 1995. This Recreation Center has been· the center of controversy since the original developer, Bramalea, did not complete it in a timely manner consistent with the Conditions of Approval. These commitments set the foundation for the Amended and Re-Stated Development Agreement. PROJECT DESCRIPTION The proposed Development Agreement Fee includes only an Interim Public Facilities Fee and has eliminated other fees associated with County approved Development Agreements such as the Regional Parkland Fee, Habitat Conservation Fee, and Public Services Offset Fee. · Interim Public Facilities Fee The Amended and Re-Stated Development Agreement has a duration period of ten (10) years and applies to the following Tracts: 23100-1,23100-2, 23100-3,23100-4, 23101-2, and 23101-3. These tracts contain I 11 single family lots. The Interim Public Facilities Fee will be 93,000.00 per unit and will be paid for the first five (5) years of the term of the Agreement. After this period, the developer will either continue to pay the Interim Public Facility Fee of 93,000.00 or such other Public Facilities Fee adopted by the City and applied to other residential projects. R:\STAFFRIs'~TgPA95.PC 10111195 sn 2 ANALYSIS Fees The existing approved Development Agreement No. 5 fee includes the following fees: Public Facilities Fee Regional Parkland Fee Habitat Conservation Fee Public Services Offset Fee 92,331.00 9431.00 9320.00 $2.189.00 Total Development Agreement Fee 95,271.00 According to the County, all County approved Development Agreements have a section which purports to require the split of certain fees between the County and a city should any portion of the property covering the agreement become part of a city. That section provides that the Regional Parkland Fee (9431.00), and the Habitat Conservation and the Open Space Land Fee (9320.00) would continue to be fully payable to the County. Additionally, two-thirds (2/3) of the Public Services Offset Fee (92,189.00)and 5.3% of the Public Facilities Fee (92,331.00) would be payable to the County. Therefore, according to the County, a total of 92,333.87 is payable to the County from the 95,271.00 Development Agreement Fee, leaving 92,937.13 as the City's portion of this fee. The proposed 93,000.00 Interim Public Facilities Fee is greater than 92,937.13, City's portion of the existing Development Agreement Fee, should the County interpretation of the fees be used. However, the City Attorney contends that the County's interpretation of the Development Agreement is not in accordance with State law which provides that the benefits of a Development Agreement as well as its burdens transfer to a City upon incorporation. As the property which is the subject of this Development Agreement is now within the City boundaries~ it is the City Attorney's opinion that the County is no longer entitled to any fees under the Development Agreement. Recreation Center As a part of the MOU and the Development Agreement, the developer has committed to complete the Recreation Center on or about December 10, 1995. To insure the completion of the Recreation Center by this date, the developer and staff have agreed on a construction schedule that ties the completion of the Recreation Center to the inspections of the production homes. The following two milestones are set: Production home slab pours cannot start until the Tennis Court is poured and framing inspection is completed on the pool equipment building on or about October 9, 1995. ' Framing inspections for production homes cannot start until a final clearance is issued for the Recreation Center site on or about December 10, 1995. For a complete construction schedule refer to Attachment No. 5. R:\STAFFRPT~75PA95,1~C 10/11/95 sa 3 EXISTING ZONING AND GENERAL PLAN DESIGNATION This project is consistent with the General Plan since the General Plan currently designates the site as Low Medium Density Residential and the approved development project which is implemented by this Development Agreement is consistent with this designation. This project is consistent with Specific Plan No. 199, since the development project which is implemented by this Development Agreement meets all the requirements of this Specific Plan. ENVIRONMENTAL DETERMINATION A Initial Study was prepared for this project and it revealed no significant impacts. Therefore, Staff recommends adoption of a Negative Declaration (refer to Attachment No. 3 for a copy of the Initial Study). SUMMARY/CONCLUSIONS Since other projects have received reductions in Development Agreement fees, Staff supports approval of this project. FINDINGS The Amendment and Restatement of Dev. elopment Agreement No. 5 is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of Low Medium Density Residential. o The Amendment and Restatement of Development Agreement No. 5 is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property subject to the Development Agreement is located as the Development Agreement provides for single family homes. This Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan. The Amendment and Restatement of Development Agreement No. 5 is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of housing opportunities compatible with the remainder of the City. The Amendment and Restatement of Development Agreement No. 5 will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least twenty (20) days before the Planning commission public hearing, and mailed or delivered at least twenty (20) days prior to the hearing to the project applicant and to each agency expected to provide water, R:~qTAFFRPT~.78PA95.PC 9/26/95 sn 4 sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll. w Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or by diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies. The Amendment and Restatement of Development Agreement No. 5 complies with the goals and objectives of the Circulation Element of the General Plan. The traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed. The Amendment and Restatement of Development Agreement No. 5 complies with requirements of the zoning district in which the applicant proposes to.develop in that the Specific Plan zoning of Medium Density Residential is consistent with the Low Medium Density Residential General Plan Land Use Designation. m The benefits that will accrue to the people of the City of Temecula from this legislation and this Amendment and Restatement of Development Agreement No. 5 are as follows: City and Owner ack. nowledge that development of the Project will result in: a. Generation of municipal revenue; b. Construction of Public infrastructure facilities; Ce Enhancement of the quality of life; including residential opportunities for present and future residents of the City; dt The opportunity for an adjacent residential-commercial project creating significant job opportunities, sales tax and ad valorera tax revenues for the City; e. Payment of Public Facilities Fees (fire and traffic signal mitigation); and, Attachments: Participation in special assessment districts to finance City and infrastructure improvements. regional 2. 3. 4. PC Resolution No. 95- o Blue Page 6 Ordinance No. 95- - Blue Page 10 Initial Study - Blue Page 15 City Council Staff Report for the Memorandum of Understanding, September 12, 1995- Blue Page 30 Construction Schedule - Blue Page 31 Proposed Amendment and Restatement of Development Agreement No. 5 - Blue Page 32 Exhibits - Blue Page 33 A. Vicinity Map R:~"TAFFRPT~78PA95.PC 9/26/95 sn 5 ATTACHMENT NO. 1 PC RESOLUTION NO. 95- R:~TAFFRP'~78PA95.PC 9/26/95 rn 6 ATFACHMENT NO. 1 PC RESOLUTION NO. 9~- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND BCI/CCL FOR FINAL TRACT MAPS NO. 23100-1, 23100-2, 23100-3, 23100.-4, 23101-2, and 23101-3, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA95-0078). THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Planning Commission of the City of Temecula has received an application for an Amendment and Restatement of Development Agreement No. 5, Specific Plan No. 199, "Margarita Village," Planning Application No. PA95-0078, (hereinafter "Development Agreement"); and, WHEREAS, the Planning Commission held a noticed public hearing on October 2, 1995, on the issue of recommending approval or denial of the Development Agreement. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES FIND AS FOLLOWS: Section 1. That the Planning Commission recommends that the City Council adopt and approve the Ordinance approving the Development Agreement, Attachments "A" and "B", respectively, attached hereto and incorporated herein by this reference, subject to the Conditions of Approval attached hereto as Attachment "C" and incorporated herein by this reference as set forth in full herein. Section 2. That in recommending the adoption by the City of the Ordinance approving the Development Agreement, the Planning Commission hereby makes the following findings: (a) The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of low- medium density residential; and, (b) The project subject to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the Specific Plan Zone district in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, R:\STAFFRPTX78PA95.PC 9~26~95 $n 7 (c) The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and, (d) The Development Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; and, (e) Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the heating to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within three hundred feet (300') of the property as shown on the latest equalized assessment roll; and, (f) Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; and, (g) The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed; and, (h) The Development Agreement complies with requirements of the zoning district in which the applicant proposes to develop in that the Medium Density Residential is consistent with the Low Medium Residential General Plan Land lJse Designation; and, (i) The benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are as follows: City and Owner acknowledge that development of the Project will result in the 1. Generation of municipal revenue; 2. Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; 5. Payment of Public Facility Fees (fire, library, traffic signal mitigation, development and RSA); and, R:\STAFFRPT~78PA95.PC 9/26/95 sn 8 Section 3. The Secretary of the Planning Commission shall cause this Resolution to be transmitted to the City Council for further proceedings in accordance with State law. Section 4. PASSED, APPROVED AND ADOFrED this __ day of ,1995. STEVEN J. FORD CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the __ day of __ , 199_, by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNHILL SECRETARY R:~STAFFRPTX78PA95.PC 9/26/95 an ~} ATTACHMENT NO. 2 ORDINANCE NO. 95- R:\STAFFRPT~78PA95,PC 9/26/95 sn 10 A'ITACHMENT NO. 2 ORDINANCE NO. 95- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATFA~NT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND BCI/CCL FOR FINAL TRACT MAPS NO. 23100-1, 23100-2, 23100-3, 23100-4, 23101-2, AND 23101-3, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA95-0078). WHEREAS, Section 65864 et seq. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, in accordance with the procedure specified in said Resolution, BCI/CCL, a California Limited Partnership, hereinafter "BCI/CCL" 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 Tracts 23100-1 (8 lots), 23100-2 (15 lots), 23100-3 (28 lots), 23100-4 (23 lots), 23101-2 (28 lots), 23101-3 (9 lots), hereinafter the "Subject Property" which application has been reviewed and accepted for filing by the Community Development Director; and, .WHEREAS, notice of the City's intention to consider adoption of this Agreement with BCI/CCL,-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 October 2, 1995 (Planning Commission), and October 24, 1995 (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and BCI/CCL, that it: A. Is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the use of certain real property for residential development consistent with the General Plan's land use designation of low-medium density residential; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Subject Property referred to herein is located as this Agreement provides for residential development pursuant to a Specific Plan; R:XSTAFFRP'B78PA95.PC 9/26/95 sn 'l '] C. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; D. Will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; E. Notice of the public heating 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 heating to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the heating 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 heating, 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 protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and place of the public hearing, the identity of the hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the Property that is the subject of the hearing, and the notice of the need to exhaust administrative remedies; I. City Council approved this Agreement by Ordinance based upon evidence and findings of the Planning Commission and new evidence presented at its hearing on this Agreement, giving its reasons therefor and setting their relationship between this Agreement and the General Plan; K. The benefits that will accrue to the people of the City of Temecula from this legislation and this Agreement are as follows: 1. Generation of municipal revenue; 2. Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; R:XSTAFFRPT~78PA95.PC 9/26/95 sn ] 2 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. Section 2. APPROVAL. This Agreement, attached hereto and incorporated herein by this reference as Attachment "1" is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 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 5. This 'Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:\STAFFRPTX78PA95.PC 9/26/95 sn I ~ Section 6. PASSED, APPROVED AND ADOPTED this __ day of ,1995. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, 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. __ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 199_, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 199_, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk R:~STAFFRPT~78PA95.PC 9126195 sn '14 ATTACHMENT NO. 3 INITIAL STUDY R:~STAFFRPT~78PA95.PC 9/25/95 sn 15 City of Temecula Planning Department Initial Environmental Study I. BACKGROUND INFORMA~ON 1. Name of Project: 2. Case Numbers: Chardonnay Hills Planning Application No. PA95-0023 (Amendment and Restatement of Development Agreement No. 5) Location of Project: Description of Project: 5. Date of Environmental Assessment: Located at Rancho California Road and Promenade Chardonnay Hills Road A Request for Approval of a Development Agreement for Final Tract Maps 23100-1, 23100-2, 23100-3, 231004, 23101-2, 23101- 3, within Specific Plan No. 199. August 23, 1995 6. Name of Proponent: BCI/CCL , Address and Phone Number of Proponent: 2010 Main Street, Suite 960 Irvine, CA 92714 ENVIRONMENTAL IMPACTS (Explanations to all the answers are provided in Section III) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes geologic substructures? b. Disruptions, displacdments, compaction, or over covering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in siltation, deposition or erosion? g. The modification of any wash, channel, creek, river or lake? Yes Maybe No X X X X X X R:\STAFFRP'B78PA95.PC 9125/95 sn '1 ~ Yes Maybe No h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, liquefaction, ground failure, or similar hazards? i. Any development within an Alquist-Priolo Special Studies Zone? Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, temperature, or moisture or any change in climate, whether locally or regionally? Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage panems, or the rate and amount of surface runoff?. c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, -dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of Found waters? g. Change in the quantity of Found waters, either through direct additions, withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding? X X X X X X X X X X X X X X R:\STAFFR.F~78PA95.PC 9125195 sn ~ 7 Yes Maybe No , Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native 'species of plants (including trees, shrubs, grass, crops, and aquatic plants)? __ b. Reduction of the numbers of any unique, rare, threatened, or endangered species of plants? __ c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? __ d. Reduction in the acreage of any agricultural crop? __ Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (animals includes all land animals, birds, reptiles, fish, amphibians, shellfish, benthie organisms, and/or insects)? __ b. Reduction of the numbers of any unique, rare, threatened, or endangered species of animals? __ c. The introduction of new wildlife species into an area? __ d. A barrier to the migration or movement of animals? __ e. Deterioration to existing fish or wildlife habitat? _ Noise. Will the proposal result in: a. Increases in existing noise levels? __ b. Exposure of people to severe noise levels? __ c. Exposure of people to severe vibrations? __ Light and Glare. Will the proposal produce or result in light or glare? __ Land Use. Will the proposal result in: a. Alteration of the present land use of an area? __ b. Alteration to the future planned land use of an area as described in a community or general plan? __ X X X X X X X X X X X X X X X R:\STAFFRPT\7gPA95.PC 9/25/95 sn 'l ~ Yes Maybe N_9_o Natural Resources. Will the proposal result in: a. An increase in the rate of use of any natural resources? b. The depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal result in: 11. 12. a, A risk of an explosion or the release of any hazardous substances in the event of an accident or upset conditions (hazardous substances includes, but is not limited to, pesticides, chemicals, oil or radiation)? b, The use, storage, transport or disposal of any hazardous or toxic materials (including, but not limited to oil, pesticicles, chemicals, or radiation)? C, Possible interference with an emergency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: 14. a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? C, Substantial impact upon existing transportation systems, including public transportatio. n? d, Alterations to present paRems of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? fo Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X X X X X X X X X X X X X X R:\STAFFRPT~7SPA95.PC 9/25/95 an ~ 9 Yes Maybe No b. Police protection? -- c. Schools? -- d. Parks or other recreational facilities? __ e. Maintenance of public facilities, including roads? _ f. Other governmental services: _ 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? __ b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? __ 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to any of the following utilities: a. Power or natural gas? __ b. Communications systems? __ c. Water systems? __ d. Sanitary sewer systems or septic tanks? __ e. Storm water drainage systems? __ f. Solid waste disposal systems? __ g. Will the proposal result in a disjointed or inefficient pattern of ' utility delivery system improvements for any of the above? _ 17. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? __ b. The exposure of people to potential health hazards, including the exposure of sensitive receptors (such as hospitals and schools) to toxic pollutant emissions? __ 18. Aesthetics. Will the proposal result in: a. The obstruction of any scenic vista or view open to the public? __ b. The creation of an aesthetically offensive site open to public view? __ X X X X X X X X X X X X X X X X X R:\STAFFRF~78PA95.PC 9/25/95 sn 19. 20. c. Detrimental visual impacts on the surrounding area? Recreation. Will the proposal result in an impac~ upon the quality or quantity of existing recreational resources or opportunities? Cultural Resources. Will the proposal result in: a. The alteration or destruction of any paleontologic, prehistoric, archaeological or historic site? b. AdverSe physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Any potential to cause a physical change which would affect unique ethnic cultural values? . d. Restrictions to existing religious or sacred uses within the potential impact area? Yes Maybe No X X X X X X R:\STAFFRPTX78PA95.PC 9/25/95 an 2 1 HI. DISCUSSION OF THE ENVIRONMENTAL IMPACTS Earth 1 .a.d. No. The project will not result in unstable earth conditions or in changes in geologic substructures, destruction, covering or modification of any unique geologic or physical features since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by Environmental Impact Report 202 prepared for the Margarita Village Specific Plan. 1.b. No. The project will not cause disruptions, displacements, compaction, or overcovering of soil, since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23 100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 1 .c.g. No. The project will not result in change in topography or ground surface relief features, or modification of any wash, channel, creek, river or lake since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed for the Environmental Impact Report prepared for the Margarita Village Specific Plan. 1 .e.f. No. The project will not result in an increase in wind or water erosion of soils, either on or off the site and changes in siltation, deposition or erosion since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23 100 and 23101 and the mitigation measures proposed by Environmental Impact Report prepared for the Margarita Village Specific 1 .h.i. No. The project will not result in exposure of people or property to geologic hazards such as earthquakes or liquefaction since the General Plan EIR and the Margarita Village Specific Plan EIR do not identify the site in being in any of these areas. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Air 2.a. No. The project will not result in the local deterioration of air quality since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract No. 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. R:\STAFFRFr\TgPA95.PC 9/25/95 ~n 22 2.b.c. No. The project will not create objectionable odors or cause alteration of air movement, temperature or moisture or any change in climate, whether locally or regionally since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Water 3.a.c.d. e.f.g.h. i. No. The project will not cause changes in currents or the course or direction of water movements, in either marine or fresh waters, alterations to the course or flow of flood waters, change in the amount of surface water in any waterbody, discharge into surface waters or in any alterations of surface water quality, alteration of the direction or rate of flow of ground waters, .change in the quantity of ground waters, reduction in the amount of water otherwise available for public water supplies, or exposure of people or property to water related hazards such as flooding since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 3.b. No. This project will not cause changes in absorption rates, drainage patterns, or the rate and amount of surface runoff since the project do~s not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Plant Life 4.a.b.d. No. This project will not change the diversity of species, or number of any native species of plant, reduce the numbers of any unique, rare, threatened or endangered species of plants or reduce the acreage of any agricultural crop since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 4.c. No. This project will not introduce new species of plants since the project does not involve any landscaping. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 5.a. No. The project will not cause a change in the diversity of species, or numbers of any species of animals since the project does not involve any land alteration. No impacts are anticipated since R:\STAFFRPT~78PA95.PC 9/2~/95 sn 2~3 all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 5.b.c. d.c. No. The project will not cause a reduction in numbers of any unique, rare, threatened, or endangered species of animals, introduction of new wildlife species into the area, a barrier to the migration or movement of animals or deterioration to existing fish or wildlife habitat since the project does not involve any land alteration. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Noise 6.a. No. The project will not increase the existing noise levels since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 6 .b .c. No. The project will not expose people to severe noise or vibrations since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Light and Glare No. The project will not cause an increase in light and glare since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Land Use 8.a. No. The project will not cause an alteration of the present land use of the area since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 8.b. No. The proposed project will not cause alteration to the future planned land use of this area, when ultimately developed, as described in the draft General Plan which designates the site as Low Medium Density Residential since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. R:\STAFFRFI~7$PAgI.PC 9125195 sn 24 Natural Resources 9.a.b. No. The project will not result in an increase in the rate of use of any natural resources and depletion of any nonrenewable natural resources when the site is ultimately developed since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Risk of Upset lO.a.b. No. The project will not result in a risk of explosion and/or, the release of hazardous substances, when the site is ultimately developed since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. 10.c. No. The project will not result in any interference with an emergency response plan when the site is ultimately developed since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Population I1. No. This project will not make alterations to the location, distribution, density, or growth rate of the human population of this area since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation. measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Homing 12. No. The project will not affect existing housing and create a demand for new housing since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by'the Environmental Impact Report prepared for the Margarita Village Specific Plan. Transportation/Circulation 13.a.f. No. The project will not generate dally trips, increase traff|c hazards to motor vehicles, bicyclists or pedestrians since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. R:XSTAFFRPT\73PA95.PC 9/25195 sn 25 13.b.c.d. e. No. The project will not create additional demand on parking, cause a substantial impact on existing transportation systems, alterations to present patterns of circulation or movement of people and/or goods and alteration to waterbone, rail or air traffic since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Public Services 14.a.b.c. d.e.f. No. The project will not have a substantial impact on fire protection, police protection, schools, parks and other governmental services since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Enerlev 15.a.b. No. The project will not result in substantial use of fuel or energy since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Utilities 16.a.b.c. d.e.f.g. No. The project will not result in a need for new systems or substantial alterations to any of the following: power or natural gas, communication systems, water systems, sanitary sewer systems, storm water drainage systems, solid waste disposal systems and will not result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Human Health 17.a. No. The project will not create potential health hazards when the site is ultimately developed since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. R:~.~TAFFRPTN78PA95.PC 9/25/95 m 26 17.b. No. The project will not expose people to potential health hazards, including the exposure of sensitive receptors such as hospitals and schools to toxic pollutant emissions since the project does not involve any construction. No impacts are anticipated since all the .impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Aesthetics 18.a.b.c. No. The project will not result in the obstruction of any scenic vista or view open to the public, the creation of an aesthetically offensive site open to public view, or in a detrimental visual impact on the surrounding area since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita Village Specific Plan. Recreation 19. No. The project will not result in an impact upon the quality or quantity of existing recreational resources or opportunities since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared 'for the Margarita Village Specific Plan. Cultural Resources 20.a.b.c. d. No. The project will not result in alteration or destruction of any paleontologic, prehistoric, archeological or historic site, adverse physical or aesthetic effects to a prehistoric or historic building, structure or object, any potential to cause a physical change which would affect unique ethnic cultural values, or restrictions to existing religious or sacred uses within the potential impact area since the project does not involve any construction. No impacts are anticipated since all the impacts from the construction of this site will be mitigated through the conditions of approval for Tract 23100 and 23101 and the mitigation measures proposed by the Environmental Impact Report prepared for the Margarita'Village Specific Plan. R:\STAFFRPT\78PA95.1W3 9/25/95 sn 27 IV. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to either: degrade the quality of the environment, substantially reduce the habitat of a fish, wildlife or bird species, cause a fish, wildlife or bird population to drop below self sustaining levels, threaten to eliminate a plant, bird or animal species, or eliminate important examples of the major periods of California history or prehiswry? Yes Maybe No X Does the project have the potential to achieve short ten, to the disadvantage of long term, environmental goals? (A short term impact on the environment is one which occurs in a relatively brief, definitive period of time while long term impacts will endure well into the future.) X Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) X Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X R:\STAFFRPT~7gPA95.PC 9/25/95 sn ~2~ ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because the Mitigation Measures described on the attached sheets and in the Conditions of Approval that have been added to the project will mitigate any potentially significant impacts to a level of insignificance, and a NEGATIVE DECLARATION will be prepared. I .find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Prepared by: Signature Saied Naaseh. Associate Planner Name and Title August 23. 1995 Date R:\STAFFR.PT~75PA95.PC 9125195 ~n 29 ATTACHMENT NO. 4 CITY COUNCIL STAFF REPORT FOR THE MEMORANDUM OF UNDERSTANDING SEPTEMBER 12, 1995 R:\STAFFRPT~78PA9~.PC 9/25/95 an 30 ATTACHMENT NO. 5 CONSTRUCTION SCHEDULE R:\STAFFRPT~78PA9S.PC 9125195 CCL CONSTRUCTION, S~bc~ 21,199~ Anthony I Elmo Chief Building Official Ciz~ of Tem. e~n- Bui]din~ Dept- 43174 Busincsm Park Drive Temecula, California 92.590 ~ Mr. Elmo: Productio~ Slab Pour gannot slan until th~ T~-Is Court is poured fm~ Framing Inspection is oomplCad on th~ Pool Equipme Building on or abou~ Octolaf 9. rrsming ~nsp.sotions for pudu~ion uniU cannot sma tm'dl a Ceni~caxe of Occupancy is isnzed for the Recreational site on or about December 10, 1995. Pl~sse contact me if these dates meet with your approval or if you need any further information. My phone nmnber is C714) 5534214 ext. Sinn~ly, CCL ConsU, uction, In~. Charles W, Kluger Director o f 2010 MAIN STREET, SUrf'E: ~4~). IRVINE. CA 92714 714 55~-321.4 FAX: 714 253-7728 I,J~, # 703642 B2/1111995 B4:33 714-253-7728 CCL CO~'I'RU~II3N P~ B3 CC~~IklC,. COII~"RUCTION SCHEDULE · ~rATtJ~ CHARIX)IINAY 14LLI NAI ~A I, iAf ~A NA ~A ~A ~A ~A N/A ~A ~A ~A ~A ~A ~A N/A ~A ~A ~A ~A 16,.,Oct.-.P5 18-0,ct-g5 16-Oct-H, .17-.O~-e6 I&.4:)cI-GS 23-Oct-aS 2E-Od-~. 21'-0ct...94 27-Oct-ge 21-Ocl-eS 27-Oct-e5 3t,,Od..66 Ol.-Hgv-e6 22-Sep46 22-SeXeS 11-Od-H t2-0d-~ 18-Od-~ 31-ocl,e5 3~-0~e5 31-.0d-05 31-0c,46 -"1-0d.4~ 31~ 02-Nw.H IO-NOV-~6 15-NOV-e5 IS.Nov-e6 20-NOrmS 2044ov-~ 21-P/v46 Z2-Nov-e6 22-Nov-aS ZT-NOv-86 27-Nov-e5 28-hkN-t5 2S-Nov-M '.3Q-Nov-Q5 WEEKiu:A!~ TOTAL TO DAT!: CODE 82/11/1995 84:33 714-253-7728 CCL G]'.IS'T'B. ICTZGH PA~ B4 pfIDJECT IUFER~NI'IENDENT.' C~L COI, G'TI~CrKN¢, CONSTRUCT'ION IICHED ULE · rrATU8 CHARDONNAY HIL.L.~ Itac,rmtondlkMiB~'Mtil&lBiddmlL,~ OPJglNAL SCHEDULE DA~rIJ ACTUAL ] Compkml t shut I PI~-VIOU~Y CX:2MPI.ETfD pFEVIOU~Y COM~ PREVIOUSLY COM:'LETED PREVIOU~Y N/A N/A IBEVlI~33DAl'Zl ATTACHMENT NO. 6 PROPOSED AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 R:%STAtz~=~gq~78PA95.PC 9/2~/95 sn 32 ATTACHMENT NO. 7 EXHIBITS R:XSTAFFILPT~78PA95.PC 9/25/95 sn 33 CITY OF TEMECULA . \ / li .R'F~ CASE NO. - PA95-0078 DEVELOPMENT AGREEMENT FOR TRACTS 23100 and 23101 EXHIBIT- A VICINITY MAP PLANNING COMMISSION DATE - OCTOBER 2, 1995 R:\STAFFRPT\TgPA95.PC 9/25/95 sn ITEM 30 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ron Bradley, City Manager November'l 4, 1995 Renaming of Temecula Library PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION: That the City Council authorize staff to request that the County Board of Supervisors rename the Temecula Library the "Temecula-Murrieta Library." DISCUSSION: During the October 27, 1995 Library Task Force Committee meeting, Councilmember Walsh from the Murrieta City Council expressed his concerns in his limited ability to raise funds for the Temecula Library. He stated that it was increasingly difficult to gain support for the library from Murrieta residents due to the library being named the "Temecula Library." Based on extensive discussions, the Committee unanimously agreed that the library should be renamed as the "Temecula-Murrieta Library," particularly since approximately 35% of the patronage is from the City of Murrieta. During the discussions, County Library Administrator Greg McDonald added that the name of "Temecula Library" was applied more for identification purposes, and that no formal i~roceedings had been conducted in the naming of the library. He also stated that in order for the library to 'be renamed, the Committee should address a letter tO the Chairman of the County Board of Supervisors requesting the name change. The Committee agreed that the letter should be jointly signed by Mayor Stone of the City of Temecula and Councilmember Walsh of the City of Murrieta. Mr. McDonald will ensure that the letter is added to the earliest Board of Supervisors Meeting Agenda possible. FISCAL IMPACT: None. Attachment: Minutes of the Temecula-Murrieta Library Task Force Committee Meeting of Friday October 27, 1995 MINUTES OF TEMECULA-MURRIETA LIBRARY TASK FORCE COMMITTEE MEETING OF FRIDAY OCTOBER 27, 1995 ATTENDEES: Jeff Stone Kevin Walsh Ron Roberrs Barbara Tooker Mary Jane McLarney Greg McDonald Marginia Kelly Ron Stump Grace Mellman Allie Kuhns · The meeting commenced at 9:03 a.m. in the Temecula City Hall Main Conference Room. · A presentation was made by Ms. Barbara Steffey to Grace Mellman for Friends of the Library. Over $1,600 was raised during a recent fashion show at the Silver Spoon, and the proceeds have been donated to the Friends of the Library to apply towards the library. · Allie Kuhns reviewed the library research conducted to date. Areas discussed included the accumulation of property values for those parcels located in the Temecula and Murrieta spheres of influence; property values for those parcels located in areas which could reasonably be served by the Temecula-Murrieta Library; County Free Library Budget to Actual Expenditures; and the five options available for the library. · Mayor Stone provided an update from the League of Cities Conference. Specifically, he mentioned the City of Davis setting up a Services Benefit District, which imposed a special assessment that was taken to' the voters in the District and approved by 83 % vote. Mayor Stone suggested that the Committee to educate the population and encourage citizen participation in library issues. · Councilmember Walsh reminded the Committee that at the initial meeting, the consensus had been to refer to the library as the "Temecula-Murrieta Library." He explained that the stigma of the library being named the "Temecula Library" has posed a roadblock to his fund raising efforts. The committee unanimously agreed that the library should be renamed the "Temecula-Murrieta Library." In order to make the formal change, a letter must be prepared for the Board of Supervisors, requesting that the change be made. Greg McDonald added that the present name was assigned for identification purposes only, and that no formal selection had taken place to name the library when it opened; consequently, he sees no reason why the name change would be a problem. As far as signage and other identifications are concerned, the Committee suggested a gradual change so the expenses associated with the change can be spread out. · Ron Stump suggested that with respect to the options available, that the Committee consider the option of contracting services from the County. This can be implemented by July 1996 if the Committee decides to take this route by January 1996. This option will also allow the two cities to work together, but will also leave the City of Murrieta the option of opening its own library and making the break easier if this is the case. Ron also provided an update of the services offered at the library. Current patronage is approximately 29,000 per month. Although layoffs have occurred, the only affected area is the reference librarian service. This loss of personnel is mitigated. though. through "self-help" programs which instruct patrons on how to use library facilities effectively. Library KIOSK's will also enhance citizens' ability to access library resources. Ron suggested that the foundation for a second library facility in the City of Murrieta be laid at this point. Councilmember Walsh added that there are currently plans for a "Murrieta Library." to be located in Murrieta's Old Town. Drawings are available at Murrieta City Hall. · Grace Mellman suggested as pan of the "self-help" priDgram that flyers be available at the reference desk to assist patrons in using library facilities. Ron Stump responded that there are several tools currently available. · During the discussion portion of the meeting, the general consensus was to focus the research on: 1) Contracting Services 2) Joint Powers Agreement 3) Independent Library District Allie Kuhns suggested that if the Committee is seriously looking at option 2 or. 3 above, then since it takes approximately one year to implement these options, the Committee might consider option 1 as a temporary measure to take the library through FY1996-97, until one of the other options can be implemented. · Mayor Stone offered to provide information he received from the League of Cities Conference concertorig San Marco ballot issues. · The next meeting is scheduled for Friday December 8, 1995 at 9:00 a.m. in the Temecula City Hall Conference Room. · The meeting adjourned at 10:08 a.m. ITEM 3 1 APPROVAI~ CITY ATTORNEY DIR. OF FINAN E ' CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Financ November 14, 1995 Community Services Funding Ad Hoc Subcommittee RECOMMENDATION: That the City Council appoint two Council members to serve on an ad hoc subcommittee to review two (2) applications for the FY 1995-96 Community Services Funding program. DISCUSSION: On July 3, 1995 the Council approved the appointment of two ad hoc subcommittee members to review the funding requests for the Community Services Funding Program 1995-96. Those committee members were Councilmember Birdsall and Mayor Pro Tem Lindemans. The review and recommendations were brought to Council on September 12, 1995. At that time the committee awarded $92,500 to 17 community service organizations. However, since that time the City has received two (2) more applications for funding. Staff is requesting that the City Council select two members of the Council to participate in a one-meeting review of these applications. The committee will be dissolved upon completion of the review process.