Loading...
HomeMy WebLinkAbout041498 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694- 6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE APRIL 14, 1998 - 7:00 PM ':::Clos'e'd' '"' n of' City .......... : ....... ' ............ PM SSi ' ' 5:30 ., Se o the Council: ' :" · · · 1. Personnel evaluation for the position of City Manager ·pursuant to the. provisions o.f Government :·Code Section::·54957. '... '. 2. Conference·wi:th real Property negotiator' pursuant to Government Code: Section 54956.8 co,:cerning:~he acquisiti0n.of ·real ·property located' at' 2::798·5 Diaz'Road. 'The negotiation parties are the. .Red'e'velopment Agency of the City of memecuia and Downs Commercial Fueling·. Under negotiation.'are' the Price and terms of payment of tihe:.realproperty interests proposed to be 3. Conference. With realProperty.negotiator pursuant·to Government :Code Section 54956.8 concerning the.acquisitionof:tea!:prOperty'i'ocated~iat 27660 Jef.fer'son Avenue. The negotiating parties are·the: Redevelop'rhent.'Agenc"y of:'~he iC:ity'of Temecula and' Temecul. a Valley Inn. Under negotiation are the:price and ·terms· of. payment of .the real property :.interest:s :proposed t'o 'be 4. Conference·with·real·property negotiator pursuant to. Government Code Sectio.n 54956.8 concerning the acquisition' of' real property located· ·near· Ynez Road and' extension of Overland Road (A. PN '92.1.-6~80-01'0-3.'and 9·21-090'-054~0). The negotiating parties are the.:City of Temecula and E'li'.:Lilly .and:Company, iU'nder negotiation are. the price and terms of payment of · the real property ·:interests p~0p'osed to. b'e iacqui'red .... 5,·· Conference with· :teal ·Property negotiator pursuant to the. Government ·Code section 54956.8 concerning the' acquisition.'::of real: property located near Ynez Road and extension of Overland Road (APN..9..21-33'0::~0.24-4, 9·21-'330:025-5,..921.-3'30-026-6.,' and ·921-330-02·7-7. The negotiating ·parties arethe.~CitY of. Temecula and Ik Hoon Chang and Soon Hee Chang, :husband 'and: wife;· Si.njo Ch'oi~endOak':Hee' Choi, husband and wife; Nark Hoon Chang and.'Me:.Kyung Chang; husb:and.and wife..Un'der:.negotiation ::are the price and terms of payment of the real · property interests ·proposed to.be acquired. ' .... R:\Agenda\041498 1 Continued - 5:30 PM - Closed Session of the City Council pursuant to Government Code Sections: 6. Conference with real property negotiator pursuant to the Government Code Section 54956.8 concerning the acquisition of real property located near Ynez Road and extension of Overland Road (APN 921-720-014). The negotiating parties are the City of Temecula and Advanced Cardiovascular Systems, Inc. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 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:O0 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. 98-05 Resolution: No. 98-28 CALL TO ORDER: Mayor Ron Roberts presiding Prelude Music: Margaret Bird Invocation: Rabbi Germaine, Congregation B'Nai Chaim of Murrieta Flag Salute: Councilmember Lindemans ROLL CALL: Comerchero, Ford, Lindemans, Stone, Roberts PRESENTATIONS/ PROCLAMATIONS Eagle Scout Certificate of Achievement for Brock Turley-Trejo Presentation of the Agency Showcase Award by the California Parks and Recreation Society Certificate of Appreciation for Eric Verkouteren Certificate of Appreciation for Fireman Brad Casady Certificate of Appreciation for Fireman Darren Hoopengardner Certificate of Appreciation for Engineer Debbie Parker PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. R:\Agenda\041498 2 For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 3 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approval of Minutes RECOMMENDATION: 2.1 Approve the minutes of March 31, 1998. Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A R:\Agenda\041498 4 6 R:\Agenda\041498 City Treasureds Report as of February 28, 1998 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of February 28, 1998. Accept Public Improvements in Parcel Map No. 24085-1 (Located northwesterly of the Intersection of Diaz Road and Zevo Drive (Avenida de Ventas) RECOMMENDATION: 5.1 Accept the public improvements; 5.2 Authorize initiation of the one-year warranty, and reduction of the Faithful Performance Securities to the 10% warranty amount in Parcel Map No. 24085-1; 5.3 Direct the City Clerk to so advise the developer and surety. Right of Entry and Temporary Construction Agreement for Golden Corral Restaurant Project (PA96-0317) with Klaer Brittain General Contractor 6.1 Approve the Right of Entry/Temporary Construction Agreement between the City of Temecula and Klaer Brittain General Contractor for the Golden Corral Restaurant Project (PA96-0317) near the intersection of Overland Drive and Jefferson Avenue; 6.2 Authorize the Mayor to execute this Agreement. Addendum to a Previously Certified Environmental Impact Report and Reimbursement Agreement - City of Temecula and the Spanos Corporation 7.1 Adopt the Addendum to a Previously Certified Environmental Impact Report (EIR) and make findings that a Subsequent EIR or Supplemental EIR are not required; 7.2 Approve the Reimbursement Agreement between the City of Temecula and the Spanos Corporation in the amount of $567,600 for the Margarita Road widening project between Solana Way and Overland Drive, Project No. PW97-07; 7.3 Authorize the Mayor to execute the Agreement. Completion and Acceptance of the Winchester Road at I-15, Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21 RECOMMENDATION: 8.1 Approve Amendment No. 1 to the Contract between the City of Temecula and Riverside Construction Company to construct Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21; 4 8.2 Authorize the Mayor to execute Amendment No. 1 to the Contract on behalf of the City in substantially the form attached to the Agenda Report; 8.3 Accept the Winchester Road at I'15, Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21, as complete; 8.4 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one-year (1) Maintenance Bond in the amount of 10% of the contract; 8.5 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. Amendment No. 1 to Construction Cooperative Agreement No. 8-1002 for I-15 Rancho California Road Interchange Improvements with the State of California, Department of Transportation RECOMMENDATION: 9.1 Approve Amendment No.1 to the Construction Cooperative Agreement No. 8-1002 for I-15 Rancho California Interchange Improvements with the State of California, Department of Transportation. 10 Agent Designation For Disaster Recovery Public Assistance RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, TO AUTHORIZE THE CITY MANAGER, ASSISTANT TO THE CITY MANAGER, THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER, AND THE DEPUTY DIRECTOR OF PUBLIC WORKS TO SIGN, ON BEHALF OF THE CITY, THE FEDERAL FINANCIAL ASSISTANCE APPLICATION AND ANY ANCILLARY APPLICATION DOCUMENTS 11 Amendment No. 2 to Electrical Agreement for Maintenance of Signal and Lighting Systems on State Highways RECOMMENDATION: 11.1 Approve Amendment No. 2 to the Electrical Agreement for Maintenance of Signal and Lighting Systems on State Highways with the State Department of Transportation. R:\Agenda\041498 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY AND THE WINCHESTER HILLS FINANCING AUTHORITY R:\Agenda\041498 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 98-01 Resolution: No. CSD 98-05 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Comerchero, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" before the Board of Directors gets to that item. individual speakers. form must be filed with the City Clerk There is a five (5) minute time limit for Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 31, 1998. 2 Acceptance of Agreement and Bonds for Landscaped Medians within Paseo Del Sol - Newland Associates. Inc. IDe Portola Road. Campanula Way. and Meadows Parkway) RECOMMENDATION: 2.1 Accept the agreement and surety bonds provided by the developer to improve certain landscaped median islands within Paseo Del Sol - Newland Associates, Inc. R:\Agenda\041498 7 3 Award of Contract for Community Recreation Center Cooling System - Project No. PW97-22CSD RECOMMENDATION: 3.1 Award a construction contract to 1st Mechanical, Inc. in the amount of $145,800.00 and authorize the President to execute the contract; 3.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $14,580.00 which is equal to 10% of the contract amount; 3.3 Authorize the transfer of $45,103.00 from the Margarita Community Park Project to the Capital Projects Fund and appropriate $45,103.00 into the CRC Gymnasium Cooling System Project Fund, Account No. 210-190-152-5804. DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGER'S REPORT - Bradley BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: April 28, 1998, scheduled to follow the City Council Consent Calendar, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\041498 8 TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: ROLL CALL: PUBLIC COMMENT: Chairperson Karel Lindemans presiding Next in Order: Ordinance: No. RDA 98-01 Resolution: No. RDA 98-07 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, Lindemans A total of 15 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 28, 1998. AGENCY BUSINESS 2 EDC Quarterly Report (Oral report.) REDEVELOPMENT DIRECTOR'S REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS R:\Agenda\041498 9 ADJOURNMENT Next regular meeting: April 28, 1998, scheduled to follow the Community Services District Meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\041498 10 WINCHESTER HILLS .FINANCING AUTHORITY Next in Order: Ordinance: No. WHFA 98-01 Resolution: No. WHFA 98-07 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: AUTHORITY MEMBERS: Ford, Lindemans, Roberts, Stone, Comerchero PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Westside Improvement Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item ngt listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 31, 1998 PUBLIC HEARING Any person may submit written comments to the Winchester Hills Financing Authority before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of 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. R:\Agenda\041498 11 2 Formation of Community Facilities District No. 98-1 (Winchester Hills) RECOMMENDATION: 2.1 Conduct concurrent public hearings on the formation of the Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) (the "District") and the levy of special taxes therein, and the issuance of bonded indebtedness of the Authority for the District; open the public hearings; accept any written protests and take any oral testimony; and close the public hearings. 2.2 Adopt a resolution entitled: RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY OF FORMATION OF WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 IWINCHESTER HILLS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT 2.3 Adopt a resolution entitled: RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT 2.4 Adopt a resolution entitled: RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY CALLING SPECIAL ELECTION R:\Agenda\041498 12 2.5 Adopt a resolution entitled: 2.6 RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN Introduce and read by title only an ordinance entitled: ORDINANCE NO. WHFA 98- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN THE WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) EXECUTIVE DIRECTOR'S REPORT AUTHORITY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: April 28, 1998, scheduled to follow the Redevelopment Agency meeting, City Council Chambers, 43200 Business Park Drive, Temecula, California R:\Agenda\041498 13 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 12 Old Town Local Review Board Appointment RECOMMENDATION: 12.1 Appoint one applicant to the Old Town Local Review Board to fill an unexpired term. 13 French Valley Fire Station No. 83 RECOMMENDATION: 13.1 Authorize the sharing of operating costs with Riverside County for the French Valley Fire Station No. 83. 14 Development Impact Fee (DIF) Amendment Ordinance RECOMMENDATION: 14.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.06.020 OF THE TEMECULA MUNICIPAL CODE REGARDING TIME OF PAYMENT OF DEVELOPMENT IMPACT FEES FOR MOBILE HOME PARKS AND ADDING SECTION 15.06.050 A.3. TO THE TEMECULA MUNICIPAL CODE PERTAINING TO DEVELOPMENT IMPACT FEE REDUCTIONS FOR PROJECTS PROVIDING DEMONSTRABLE FINANCIAL BENEFIT TO THE CITY 14.2 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 5., AUTOMATIC ADJUSTMENTS IN AMOUNT OF FEES FOR DEVELOPMENT, OF RESOLUTION NO. 97-94 WHICH ESTABLISHED AND IMPOSED A PUBLIC FACILITIES DEVELOPMENT IMPACT FEE 15 El Nino Update (Oral Presentation by Director of Public Works Joe Kicak.) R:\Agenda\041498 14 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Joint City Council/Planning Commission meeting: April 21, 1998, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Next regular meeting: April 28, 1998, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\041498 15 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 31, 1998 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved and seconded to adjourn to Closed Session, pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at the west side of Second Street and Front Street (APN 922-46-022, APN 922-07-024). The negotiating parties are the City of Temecula/Redevelopment Agency of the City of Temecula and Cleveland Investment Company, 'remecula Investment Company, and William E. Fortner and Margaret Ann Forther. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 2. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City and/or the Agency. The following case will be discussed: Pratt vs. City of Temecula. 3. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at 28545 Front Street (APN 922-035-011 ). The negotiating parties are the Redevelopment Agency of the City of Temecula and Ladd Penfold and Barcena and Company. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. 4. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of real property located at approximately .90 acres westerly of Front Street and Santiago extension (Lots 10 and 11, Block 32 Town of Temecula). The negotiating parties are the City of Temecula and Margarita Canyon LLC. Under negotiation are the price and terms of payment of the real property interests proposed to be acquired. The Temecula City Council reconvened at 7:07 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula, to consider regularly scheduled City Council business. Mayor Roberts presiding. Minutes\033198 1 Temecula City Council ROLL CALL PRESENT: Councilmembers: and Roberts. Comerchero, Ford, ABSENT: Councilmember: None. PRELUDE MUSIC The prelude and intermission music was provided by Eve Craig. 033198 Lindemans, Stone, INVOCATION The invocation was given by Pastor Bill Rench, Calvary Baptist Church of Temecula. PLEDGE OF ALLEGIANCE The audience was led in the Flag salute by Councilman Comerchero. PRESENTATIONS/PROCLAMATIONS Agency Showcase Award presented by California Parks and Recreation Society Presentation postponed to the April 14, 1998, City Council meeting. Certificate of Appreciation for John R. Harrison Read into the record. Mr. Harrison was unable to attend the meeting. Certificate of Appreciation of Robert Majeski Presented by Mayor Pro Tem Ford and accepted with much appreciation by Mr. Majeski. National Public Health Week Read into the record. No one was in attendance to accept the proclamation. PUBLIC COMMENTS A. Ms. Pam Barret, 39897 Milkmaid Lane, Murrieta, commented on the success of the afghan fundraiser for the Chaparral High School Baseball and noted that those afghans ordered by the City Council have arrived. On behalf of Murrieta Councilmember Chuck Washington, Ms. Barret presented an afghan to Mayor Roberts. Temecula City Council 033198 B. Mr. John Green, 31070 Avenida Buena Suerte, Temecula, apprised the City Council of a grievance he has against the City's Police Department; commented on what he observed as misuse of the Police Department's power; and complained about some of the Police Officers' conduct which he had personally observed. CITY COUNCIL REPORTS A. Having attended a recent California League of Cities meeting, Councilman Stone commented on his opposition to the passage of AB 224 (State Engineers' Bill - which would require the City to use a Caltrans' Engineer for any public projects); addressed the impacts this passage would have on the City as well as local engineering firms; and requested that a letter of opposition be forwarded to the State legislature. B. In response to a letter he had received from a City resident with regard to the resident's level of understanding of closed sessions, Councilman Comerchero advised that closed sessions are a legal means to discuss issues of a sensitive nature; that the City Attorney is present at all closed sessions; that all final action would be taken in open session; and that if a resident wishes to further address this issue, to contact the City Councilmembers and/or City staff. C. Commenting on his recent trip to Washington, D.C., Councilman Comerchero noted that he and Councilman Ford had met with several elected officials in an effort to lobby for transportation funding for the City. D. Echoing Councilman Comerchero's comments with regard to the trip to Washington, D.C., Councilman Ford commented on the pertinent input he had received relative to proceeding with Murrieta Creek, flood control issues, and traffic issues. Viewing the trip as successful, Mr. Ford encouraged continued correspondence with the elected officials. E. Councilman Ford requested that the discussion of the proposed El Sobrante landfill expansion and potential funds, generated by this expansion, which may be available for multi-species habitat conservation, be agendized for the April 14, 1998, City Council meeting. G. City Attorney Thorson advised that final action was taken with respect to the real estate matters to the extent that negotiations were successfully concluded and that purchase and sale agreements will be forwarded to the City Council for review and approval in Open Session. CONSENT CALENDAR 1. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Temecula City Council 2. 033198 Minutes 2.1 Approve the minutes of March 14, 1998. 2.2 Approve the minutes of March 17, 1998. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 98-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Records Destruction Approval 4.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. Award of Contract for Remote Access Server 5.1 Award a contract for a Compaq ProLiant 850R 6/200H Server with Citrix WinFrame Enterprise 1.7 Remote Access to Inacom Information Systems, San Diego, California, in the amount of $14,481.02. Sister City Association Student Trip to Voorburg 6.1 Approve an expenditure of funds in the amount of $1,900 to provide the 19 students traveling to Voorburg, Netherlands, a check in the amount of $100 for each student. Contract Plan Checking Services 7.1 Approve an Agreement for Plan Check Services with J. A. S. Pacific Services for the Building and Safety Department. Release Bond for Traffic Signalization Mitigation Fees in Parcel Map No. 19850-1 and accept Substitute Bond for Parcel 3 (West of Diaz Road and North of Rancho California Road) 8.1 Authorize release of bond for Traffic Signal Mitigation Fees in Parcel Map No. 19580-1; Temecula City Council 8.2 10. 033198 Accept a Traffic Signal Mitigation bond and Traffic Signalization Mitigation Agreement for the remaining parcel as submitted by the owner; 8.3 Direct the City Clerk to notify the developers and sureties. Reimbursement Agreement - City of Temecula and the Pechanga Development Corporation 9.1 Approve the Reimbursement Agreement between the City of Temecula and the Pechanga Development Corporation in the amount of $77,220.00 for the Pala Road Widening Project between Via Eduardo and Pechanga Road; 9.2 Authorize the Mayor to execute this Agreement. All-Way Stop - Margarita Road at Pio Pico Road 10.1 Adopt a resolution entitled: RESOLUTION NO. 98-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN "ALL-WAY STOP" AT THE INTERSECTION OF MARGARITA ROAD AND PIO PICO ROAD (Pulled and separately discussed.} 11, Old Town Streetscape Improvement Project 11.1 Adopt a resolution entitled: RESOLUTION NO. 98-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE STREETSCAPE IMPROVEMENTS FOR OLD TOWN TEMECULA AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS FOR THE IMPROVEMENTS {Pulled and separately discussed.) MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1 through 9 (Item Nos. 10 and 11 were pulled). The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. Temecula City Council 10. 033198 All-Way Stop - Margarita Road at Pio Pico Road 10.1 Adopt a resolution entitled: RESOLUTION NO. 98-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN "ALL-WAY STOP" AT THE INTERSECTION OF MARGARITA ROAD AND PIO PICO ROAD Public Works Director Kicak presented the staff report (as per agenda material). Ms. Susan Thornton (a crossing guard at Sparkman Elementary), 30395 Cupeno Lane, relayed her and several parents' concerns with regard to the children's safety at this particular location. She, therefore, encouraged the City Council to approve this All-Way Stop. MOTION: Councilman Lindemans moved to adopt Resolution No. 98-26. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 11. Old Town Streetscape Improvement Project 11.1 Adopt a resolution entitled: RESOLUTION NO. 98-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE PLANS AND SPECIFICATIONS FOR THE STREETSCAPE IMPROVEMENTS FOR OLD TOWN TEMECULA AND AUTHORIZING THE SOLICITATION OF CONSTRUCTION BIDS FOR THE IMPROVEMENTS Public Works Director Kicak presented the staff report (of record). In response to Councilman Lindemans, Housing and Redevelopment Manager Meyer advised that because shuttle bus turnouts would reduce the number of on-street parking spaces, no turnouts are being proposed. Mr. Nell Cleveland, 28465 Front Street, spoke in support of this project. Although he is in support of the project, Councilman Comerchero relayed his concern with the construction completion date of November 15, 1998, and commented on the impact this project would have on the Old Town merchants' Holiday Season business in the event the construction were not completed on time. If the construction were not completed on time, IV]r. Comerchero questioned whether the City Council may suspend the project to ensure the normal flow of traffic would not be disrupted. Temecula Cit'v Council 033198 In response to Councilman Comerchero, Public Works Director Kicak advised that a majority of the work should be completed by November 15, 1998, and that if any work were not completed by this date, it would be items such as landscaping, furniture, etc., advising that the City Council may opt to postpone the completion of this work until after the Holiday Season. Concurring with Councilman Comerchero's concern, Mayor Pro Tem Ford noted that a portion of this work, such as the work by Rancho Water, will be completed at night. Mr. Ford requested that the promotion of the Old Town Summer Nights Program as well as the promotion of the Holiday Season be agendized for a future Council meeting. Commenting on the success of last year's Old Town Holiday promotions, Mayor Roberts concurred with Mayor Pro Tem Ford's comment to address this matter in the near future to ensure adequate promotion for this year. Addressing the impact this project will have on the Old Town merchants, Councilman Lindemarts as well commented on the additional support needed by the merchants during this time. MOTION: Councilman Lindemans moved to adopt Resolution No. 98-27. The motion was seconded by Mayor Pro Tem Ford and voice vote reflected unanimous approval with the exception of Councilman Stone who abstained. At 7:42 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Winchester Hills Financing Authority. After a brief recess, the City Council resumed with regularly scheduled City Council business at 8:08 P.M. COUNCIL BUSINESS 12. Public Facility Deposits for Non-Residential Development 12.1 Review the information provided concerning the Public Facility Deposits which have been collected for non-residential development since 1991 and provide direction to staff to resolve. Clarifying the attachments of record, Senior Management Analyst Kuhns presented the staff report (as per agenda material) and noted the available options to the Council: determining the amount still due based on the adopted fees and collecting that amount (Attachment C); applying a phased discount to the adopted fees based on the years the deposits were collected -- giving greater discounts collected to those in the earliest years (Attachment D); Temecula City Council 033198 applying additional consideration for economic benefits derived from the development such as property tax, sales tax, franchise fees, and number of of employees of each company (Schedule submitted at the Council meeting). In response to Councilmember Stone, City Attorney Thorson stated that the signed agreements with the developers who paid the $10,000 deposits are enforceable; that the previously mentioned options are viable; and that the City Council would have the discretion to make discounts based on those options. With regard to collecting from those developers who are no longer in business, Mr. Thorson noted that it would depend on the reason as to why the developer is no longer in business, stating that the signed agreements have been recorded and run with the land. Mr. Lon Brusegard, 23766 Via Madrid, Murrieta, President of Southwest Riverside Manufactures Council, urged the Council to accept the public facility deposits at $10,000 per developer; to waive the balance of the fee; and to impose the standard Development Impact Fees (DIF) for future improvements. Mr. Brusegard noted that those businesses that apply for a building permit and paid fees prior to the effective date of an Ordinance should not be affected by the new developmental impact fees and that these fees should not be retroactively collected. In an attempt to create an equity among the various developers, Councilman Lindemans relayed his difficulty in making such a decision. Responding to Mr. Brusegards' support of lower fees, Councilmember Stone clarified the use of the Development Impact Fees -- to build roads, bridges, and to mitigate the City's traffic problems. Being of the opinion that the reduction of Development Impact Fees will slow down the City's desired accomplishments, Mr. Bill Dendy, 41975 Winchester Road, recommended that the City retain the deposit monies and that the City negotiate a percentage of the amount due with each developer. On behalf of Wescon Properties, Marty Smith, 41790 Winchester Road, Business Real Estate, requested that the Council grandfather in the development impact fees for those developers who committed to build in the City. Concurring with Councilman Lindemans' comments to establish a sense of fairness, Councilman Comerchero stated that the City does have an obligation to those businesses that pioneered in the City. With regard to the Schedule submitted at this meeting (phased and based on 36% of Fee Proposed in Study with Adjustments for Economic Impacts), Councilman Comerchero noted that this schedule takes into account many available aspects such as sales tax generated, property tax generated, and number of jobs generated. Noting that the schedule submitted at this meeting had been completed by staff just prior to the commencement of the Closed Session, City Manager Bradley further clarified the schedule, Temecula City Council 033198 noting that it takes into account basically the same type of information utilized to consider subsidies in the Redevelopment project with the addition of a step down methodology in order to reduce the amount due. Relaying his objection to the phased-in discount, Councilman Stone relayed his support of a matrix which would provide credits to businesses for the economic benefit they have provided to the City but as well charge them to offset the impacts they have created in the community. Mr. Stone suggested the formation of a matrix encompassing the following categories with each category representing a 15% discount with a total discount of 60%: minimum number of jobs minimum sales tax generation minimum square footage minimum property taxes 40 employees $50,000 a year 20,000 square feet 10,000 square feet Councilman Stone stated that, as per the schedule submitted this evening, the amount to collect ($359,000) would not be sufficient to ensure the necessary infrastructure at build out ((1,763,345 as per General Plan). Concurring with Councilman Stone's recommendation to devise a new matrix, Councilman Lindemans recommended that the City return the amount due to those 38 businesses and that a new matrix be formed, similar to Councilman Stone's suggestion, for those remaining 34 businesses which have an amount due the City. Mr. Lindemans noted that by doing so, the City would collect more than what staff has recommended ($359,000) but not as much as $1,763,345. Because Councilman Stone's ratios are higher than those recommended by staff, City Manager Bradley clarified that the City would actually collect more money as per Councilman Stone's recommended matrix. Councilman Comerchero relayed his objection to penalizing a business for employing less than 40 employees (as per Councilman Stone's matrix) and stated that any business, no matter what size, should be proportionately rewarded. Mr. Comerchero reiterated that the schedule submitted this evening fairly takes into account all those factors. Supporting the return of $137,000 to those 38 businesses and collecting $873,000 from the remaining 34 developers, Councilman Lindemans recommended that a new matrix be devised for those business with a balance due. Reiterating the original intent of development impact fees, Councilman Ford stated that these fees, as per the General Plan, are to be utilized for the beautification of medians and for landscaping, not for the construction of roads. Temecula Cib/Council 033198 In response to Councilman Ford, City Attorney Thorson advised that if the City were to use development impact fees for projects other than those reflected in the General Plan, it would require an adjustment to the General Plan and Capital Improvement Plan prior to utilizing these funds. With regard to the schedule submitted this evening, Mayor Roberts advised that he had requested the creation of such a schedule at the Mayor's meeting held earlier that day. City Manager Bradley clarified Councilman Lindemans suggestion to impose the schedule based on Adopted Fees with additional phased discounts applied by year (70% to 10%); to devise a matrix for those developers with a remaining balance and to negotiate with those businesses on an individual basis. Senior Management Analyst Kuhns noted that the schedule submitted this evening takes into account those businesses with less than 40 employees and that property credits were given to each business. In an effort to assure sufficient available funds, as required by the General Plan, to accomplish the needed roadway improvements, Councilman Stone suggested to utilize Attachment D (based on Adopted Fees with Additional Phased Discounts applied by year -- collecting $739,000); to prorate each figure up to collect $1 million; and to devise a matrix, such as he previously suggested, and, thereby collecting approximately $800,000, which would reflect a midway of the desired 91.7 million. In an effort to strike a balance of fairness between the citizens and the pioneer businesses, Councilman Comerchero made the following motion: MOTION: Councilman Comerchero moved to adopt the revised schedule (as submitted this evening). Mayor Roberts seconded the motion. Voice vote reflected denial of the motion as follows: AYES: Councilmembers Comerchero and Roberts. NOES: Councilmembers Ford, Linderoans, and Stone. ABSENT: None. MOTION: Councilman Lindemans moved to adopt Attachment D(based on Adopted Fees with Additional Phased Discounts applied by Year) and to proportionately discount each of the 34 businesses based on a matrix pertaining to economic benefit, as recommended by Councilman Stone. (This motion was ultimately rephrased; see below.) Councilman Comerchero relayed his support of the motion as long as the newly devised matrix will not limit the smaller businesses. City Manager Bradley recommended that staff explore several scenarios to determine the actual 10 Temecula City Council 033198 impact; create a subcommittee to devise a matrix; and to forward subcommittee recommendations to the Council for review and final approval. It was the consensus of the Council that Councilmembers Comerchero and Stone serve on this subcommittee. Councilman Lindemans restated his motion as follows: MOTION: Councilman Linderoans moved to approve Attachment D(based on Adopted Fees with Additional Phased Discounts applied by Year); to form a subcommittee comprised of Councilmembers Comerchero and Stone; and to devise a matrix encompassing those economic factors as mention by Councilman Stone but at a lower level. Councilman Comerchero seconded the motion. Voice vote reflected unanimous approval of the motion with the exception of Councilman Ford who voted no. 13. Reject all Bids for the Installation of an Interim Traffic Signal on Pala Road at Rainbow Canyon Road. Project No. PW97-27 13.1 Reject all bids for the installation of a traffic signal at the intersection of Pala Road and Rainbow Canyon Road, Project No. PW97-27; 13.2 Deny a request for installation of a traffic signal or "All-Way Stop" at the intersection of Pala Road and Muirfield Road. Public Works Director Kicak reviewed the staff report (as per agenda material), noting that as per Caltrans criteria, the traffic warrant study for a traffic signal on Pala Road at Muirfield Road indicated that no signal would be warranted at this particular location. With respect to the signal on Pala Road at Rainbow Canyon Road, Mr. Kicak advised that this signal would only be in place for approximately eight months prior to it being removed due to upcoming roadway improvements. Ms. Marilyn Givens, 45526 Tournament Lane, reiterated her desire for a traffic signal to ensure a safe ingress and egress into her development. Public Works Director Kicak briefly elaborated on the determination of the calculations of a traffic warrant study. Reiterating Ms. Givens' comments, Ms. Stacy Ketter, 45352 Tournament Lane, requested the installation of a signal in order to provide a safe egress and ingress for this particular community. MOTION: Councilman Stone moved to install a traffic signal at Muirfield Road. This motion died for the lack of a second. 11 Temecula Citv Council 033198 For Councilman Stone, City Attorney Thorson advised that if the City Council were to install a signal at a location where the traffic warrant study did not warrant for a signal, the City must then ensure that no other safety issues are created as a result of this installation. MOTION: Councilman Lindemans moved to approve the Construction Plan and Specifications for the installation of a traffic signal on Pala Road at Rainbow. Canyon Road; to award a construction contract for installation of a traffic signal at this intersection to Transtech in the amount of $60,000; to authorize the Mayor to execute the contract; and to authorize the City Manager to approve change orders not to exceed the contingency amount of $6,000.00 which is equal to 10% of the contract amount. Mayor Roberts seconded the motion and voice vote reflected unanimous approval. At 9:51 P.M., Mayor Roberts called a short recess and reconvened the meeting at 9:58 P.M. 14. Golf Course Properties - Temecula Special Tax 14.1 Establish the amount of the Temecula Parks/Lighting Special Tax applied to golf course properties within the City of Temecula. By way of overheads, Community Services Director presented the staff report (as per agenda material). In an effort to obtain equity and because golf courses do provide open space, Councilman Lindemans recommended that golf course property be rated at one-half Equivalent Dwelling Unit (EDU) per acre. Concurring with the comment that golf course properties do provide open space, Councilman Stone noted that these properties still function as a commercial entity and, therefore, concurred with the recommendation to reduce the EDUs per acre to 2.0 versus 6.0. Echoing Councilman Stone's comments, Councilman Comerchero recommended that the EDU rate only apply to the portion of property used as a commercial venture and suggested that a golf course land use be created. In order to review the potential impact of the 2.0 EDUs per acre, Mr. Larry Markham, 41 701 Winchester Road, on behalf of Temecula Creek Inn, requested that this Item as well as Agenda Item No. 15 be continued. Mayor Roberts relayed his concurrence with those comments made by Councilmembers Comerchero and Stone. MOTION: Councilman Lindemans moved that golf course properties be rated at one-half EDU per acre. This motion died for the lack of a second. MOTION: Councilman Comerchero moved to continue with the current tax rate of 2 EDUs per acre for golf course properties; to form a new land use category titled "Golf Courses;" and to 12 Temecula City Council 033198 apply the EDU rate only to the portion of the golf course property which is utilized as the commercial entity. The motion was seconded by Councilman Stone and voice vote reflected unanimous approval. 15. Appeal of 1997-98 Temecula Parks/Street Lighting Tax: Temecula Creek Inn Golf Course 15.1 Adopt a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL BY REGENCY PROPERTIES OF FISCAL YEAR 1997-98 PARK/STREET LIGHTING TAX LEVIED AGAINST THE TEMECULA CREEK IN In light of Mr. Markham's earlier request, Community Services Director Nelson spoke in support of a continuance. MOTION: Councilman Stone moved to continue Agenda Item No. 15 to the April 28, 1998, City Council meeting. The motion was seconded by Councilman Lindemans and voice vote reflected unanimous approval. 16. El Nino Update Advising that the City has sustained no major damage during the El Nino season, Public Works Director Kicak, in response to Mayor Pro Tern Ford, noted that a meeting would be scheduled to discuss the proposed permit for the long-term annual maintenance for Murrieta Creek. DEPARTMENTAL REPORTS None. CITY MANAGER'S REPORT None. CITY ATTORNEY'S REPORT None. 13 ITEM 3 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $1,312,128.49. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 14th day of April, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC Acting City Clerk [SEAL] ReMs 98- 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 98- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 14th day of April, 1998 by the following roll call vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC Acting City Clerk 98- 2 CITY OF TEMECULA LIST OF DEMANDS 03/26/98 TOTAL CHECK RUN: 04/02/98 TOTAL CHECK RUN: 04/14/98 TOTAL CHECK RUN: 04/02/98 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 04/14/98 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 191 192 193 194 195 210 280 300 32O 330 34O 380 390 GENERAL FUND RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D TCSD SERVICE LEVEL R CAPITAL IMPROVEMENT PROJ. FUND REDEVELOPMENT AGENCY-ClP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITI ES RDA - DEBT SERVICE TCSD - DEBT SERVICE PAYROLL: 001 GENERAL 165 RDA-LOW/MOD 190 TCSD 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 TOTAL BY FUND: ?GE. E .2 TS, F NANCE E. BRADLEY, CITY MANAGER $ 730,253.34 198,381.06 233,507.31 149,986.78 $ 1,312,128.49 190,976.63 8,662.28 54,862.84 267.68 105.39 2,164.00 677.23 0.00 243,696.90 494,238.07 6,607.39 13,216.27 1,163.45 7,888.73 0.00 137,614.85 $ 1,162,141.71 100,052.39 4,075.10 30,007.57 69.13 179.03 2,252.89 980.24 4,717.42 629.91 2,709.34 799.93 3,513.83 149,986.78 1,312,128.49 HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. R:~VES TONR~ACC TPA YV. OB3VA($ f. WB2 VOUCHRE2 03/;?6/98 11:26 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LCYd/MO0 SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND REDEVELOPMENT AGENCY - tip 300 INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES 340 FACILITIES 390 TCSD DEBT SERVICE AMOUNT 55,370.53 1,812.07 13,350.77 222.80 822.33 38,609.31 470,156.47 6,166.15 5,123.71 467.92 536.43 137,614.85 TOTAL 730,253.34 VOUCHRE2 03/26/98 VOUCHER/ CHECK NUMBER 48511 48511 48512 980323 48515 48516 48517 48517 48518 48518 48518 48519 48519 48519 48520 48521 48522 48522 48523 48524 48525 48526 48527 48528 48528 48528 48528 48529 48530 48531 48532 11:26 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS CHECK VENDOR DATE NUMBER 03/19/98 03/19/98 03/25/98 03/23/98 03/26/98 03/26/98 03/26/98 000101 03/26/98 000101 03/26/98 000195 03/26/98 000195 03/26/98 000195 03/26/98 000622 03/26/98 000622 03/26/98 000622 03/26/98 001950 03/26/98 003180 03/26/98 002093 03/26/98 002093 03/26/98 002145 VENDOR NAME CALIFORNIA DIETETIC ASS CALIFORNIA DIETETIC ASS RICHARD G. GABRIEL AND 002265 FIRST TRUST OF CALIFORN 001587 A P W A AIR VIEWS APPLE ONE~ INC. APPLE ONE, INC. ITEM DESCRIPTION REFUND:ROOM RENTAL/SEC DEPOSIT REFUND:RCX~M RENTAL/SEC DEPOSIT FIRST ST RIGHT OF WAY ACQU[STN TCSD COP DEBT SERVICE PAYMENT WKSNP:TRNCH CUT 0RD.4/23 PARKS AERIAL PHOTOS-WINCHESTER/YNEZ TEMP HELP W/E 1/31 BOLT TEMP HELP W/E 1/31 WILLIAMS ASCOM HASLER MAILING SY MONTHLY POSTAGE METER RENTAL ASCOM HASLER FLRILING SY METER RESET CHARGE ASCON HASLER MAILING SY BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER SALES TAX CiTY HALL ELECTRICAL SERVICES ELECTRICAL SERVICES'PARKS CITY HALL ELECTRICAL SERVICES BECHTEL MAINTENANCE SER ADD~L CHARGE-CANOPY CLEANING BERGK~N, JANELLE BERRYFLRN AND HENIGAR BERRYMAN AND HENIGAR BlOCON - SAN DIEGO 03/26/98 000901 C P R S 03/26/98 001159 CALIFORNIA DEPT OF JUST 03/26/98 002803 03/26/98 000131 03/26/98 000135 03/26/98 000135 03/26/98 000135 03/26/98 000135 03/26/98 002147 03/26/98 002945 03/26/98 003189 03/26/98 001320 CANTY ENGINEERING GROUP CARL WARREN & CO., INC. CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CENTRAL CITIES SIGN SER CC~4PLIMENTS, COMPLAINTS CONSOLIDATED ELECTRICAL CRAFTON HILLS COLLEGE CRC)WE-PELLETIER, dULIE TCSD INSTRUCTOR EARNINGS FEB PROF SRVCS- PAVEMENT MGMT CREDIT:AMOUNT PAID ON CK~47946 BIOCOM/SD NWSLTR AD-CITY~S I/2 AWARDS BANQUET:4/25 ADKINSSON FINGERPRINT CARD PROCESSING JAN ENG SRVCS FOR CFD88-12 AZCRAFT SERVICES INC 08/15/97 MISC. SIGNS & SUPPLIES - PW SALES TAX MISC. SIGNS & SUPPLIES - PW SALES TAX FACE PAINTER-SPRING CRAFT 4/18 MISC ELECTRICAL SUPPLIES FIRE PREV CLASS:4/27-5/1K.C. CPRS CF:3/12-14/98:LONG BEACH ACCOUNT NUMBER 190-2900 190-183-4990 280-199-807-5700 390-1040 001-163-999-5261 001-1280 001-140-999-5118 280-199-999-5362 330-199-999-5239 330-199-999-5239 330-199-999-5239 340-199-701-5212 190-180-999-5212 340-199-701-5212 340-199-701-5250 190-183-999-5330 210-165-669-5802 210-165-669-5802 280-199-999-5270 190-180-999-5260 190-180-999o5250 001-1280 300-199-999-5205 001-164-601-5244 001-164-601-5244 001-164-601-5244 001-164-601-5244 190-183-999-5320 190-180-999-5212 001-171-999-5261 190-180-999-5258 ITEM AMOUNT 100.00 75. O0 467,000. O0 137,614.85 50.00 614.87 154.80 380.55 177.00 25.50 15.69 175.00 185.00 56.70 1.00 444.80 3,824.55 824.55- 250.00 30.00 588. O0 840.00 326.00 1,144.62 96.16 1,034.76 86.93 100.00 14.65 32.50 137.88 PAGE I CHECK AMOUNT 175.00 467,000.00 137,614.85 50.00 614.87 535.35 218.19 416.70 1.00 444.80 3,000.00 250.00 30.00 588.00 840.00 326.00 2,362.47 100.00 14.65 32.50 137.88 VOUCHRE2 03/26/98 VOUCHER/ CHECK NUMBER 48533 48534 48535 48536 48536 48537 48537 48537 48537 48537 48537 48537 48537 48537 48538 48539 48540 4854O 48541 48542 48543 48543 48543 48543 48543 48543 48543 48544 11:26 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS CHECK VENDOR VENDOR ITEM ACCOUNT DATE NUMBER NAME DESCRIPTION NUMBER 03/26/98 002182 D K S ASSOCIATES 03/26/98 002990 DAVID TURCH & ASSOCIATE ENGINEERING VENTURES, ! 03/26/98 002128 JUL PRF SRVCS-I-15 CORR. STUDY 210-165-633-5802 RETAIN PUBLIC ADVOCACY FIRM 001-110-999-5248 JAN PRF SRVCS-WINCH.SIDEWALK 210-165-695-5802 ITEM AMOUNT 1,149.76 4,000.00 1,226.85 03/26/98 002517 ERNIE B'S LUNCH FOR CPR/1ST AID TRAINING 001-150-999-5260 136.45 03/26/98 002517 ERNIE B~S SALES TAX 001-150-999-5260 10.58 03/26/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280-199-999-5230 6.60 03/26/98 000165 FEOERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-161-999-5230 18.45 03/26/98 000165 FEOERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-161-999-5230 8.15 03/26/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-110-999-5230 6.25 03/26/98 000165 FEOERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 24.05 03/26/98 000165 FEOERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-164-604-5230 10.00 03/26/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-120-999-5230 6.25 03/26/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 15.85 03/26/98 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 190-180-999-5230 10.45 03/26/98 003188 FIRE SAFETY TRUST FIRE PREV.TRAINING:4/Z7-5/1K.C 001-171-999-5261 70.00 03/26/98 FIREWORKS AMERICA PYROTECHNICS SEN:4/3 K.C, H.W. 001-171-999-5261 70.00 001103 FREEDOH MATERIALS GRAFFITI REMOVAL & MISC. SUPP. 001-164-601-5218 75.43 001103 FREEDOM MATERIALS GRAFFITI REMOVAL & MISC. SUPP. 001-164-601-5218 45.26 03/26/98 03/26/98 03/26/98 FURLONG, PATRICK REFUND:GYMNASTICS 190-183-4982 46.00 000172 G A S B 1 YR SUBSCRIPTION-G.A.S.B. 001-140-999-5228 140.00 03/26/98 03/26/98 000184 G T E CALIFORNIA - PAYM 909-197-5072-MAR-GENERAL USAGE 320'199-999-5208 4,713.33 03/26/98 000184 G T E CALIFORNIA - PAYM 909-676-0783-MAR-GENERAL USAGE 320-199-999'5208 64.98 03/26/98 000164 G T E CALIFORNIA - PAYM 909-676-6243-MAR-PALA COMM PRK 320-199-999-5208 31.79 03/26/98 000184 G T E CALIFORNIA - PAYN 909-694-4354-MAR-PALA COMM PRK 320-199-999-5208 34.46 03/26/98 000184 G T E CALIFORNIA - PAYM 909-695-3564-MAR-CITY ALARM 320-199-999-5208 61.44 03/26/98 000184 G T E CALIFORNIA - PAYM 909-699-?945-MAR-CRC F. ALARM 320-199-999-5208 61.68 03/26/98 000184 G T E CALIFORNIA - PAYM 909-699-8632-MAR-GENERAL USAGE 320-199-999-5208 32.08 03/26/98 000481 GEOTECHNICAL & ENVIRONM MAR PROF SRVCS-MAINT FACILITY 210-190-144-5804 1,850.00 48545 03/26/98 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-120-999-5220 66.42 48545 03/26/98 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-120-999-5277 23.88 48545 03/26/98 00017'7' GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-120-999-5277 7.08 48545 03/26/98 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-120-999-5277 4.25 48545 03/26/98 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-120-999-5277 17.46 48545 03/26/98 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-120-999-527/ 7.17 48545 03/26/98 0001~7 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-120-999-5277 7.17 48545 03/26/98 000177 GLENNIES OFFICE PROOUCT MISC. OFFICE SUPPLIES 001-120-999-5277' 6.44 48545 03/26/98 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-120-999-5277 2.92 48545 03/26/98 000177 GLENNIES OFFICE PRODUCT SALES TAX 001-120-999-5277 5.92 PAGE 2 CHECK ANOUNT 1,149.76 4,000.00 1,226.85 147.03 106.05 70.00 70.00 120.69 46.00 140.00 4,999.76 1,850.00 148.71 VOUCHRE2 CITY OF TEMECULA 03/26/98 11:26 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 48546 03/26/98 002659 GOVERNING SUBSCRIPTION:GOVERNING 001-100-999-5228 15.00 15.00 48547 03/26/98 001609 GREATER ALARM CUMPANY, ALARM SERVICES FOR CABOOSE 001'110'999'5223 ~5.00 48547 03/26/98 001609 GREATER ALARM CC~4PANY, APR-dUN ALARM SRVCS-SlCATE PARK 190-180-999-5250 105.00 180.00 48548 03/26/98 001517 HEALTH & HUMAN RESOURCE EMPLOYEE ASSISTANCE PRGM 001-150-999-5250 369.20 369.20 48549 03/26/98 003190 HEMET/TEM. EMPLOYER ADV EMPLOYMENT TAX UPDATE x 2 001-140-999-5261 30.00 30.00 48550 03/26/98 001013 HINDERLITER deLLAMAS AS PROPERTY TAX CONSULTING SERVS. 001-140-999-5248 2,400.00 2,400.00 48551 03/26/98 002472 HOT SPRINGS PHOTO PHOTO SLIDES-CA TRAVEL MKT SHW 280-199-999-5270 169.71 169.71 48552 48552 48552 48552 48552 48552 48552 48552 48552 48552 48552 48552 03/26/98 03/26/98 03/26/98 03/26/98 03/26 f98 03/26 f98 03/26 f98 03/26 ~98 03/26 f98 O3/26 f98 03/26 f98 03/26/98 48553 03/26/98 48553 03/26/98 48553 03/26/98 48553 03/26/98 48553 03/26/98 48553 03/26/98 48553 03/26/98 48553 03/26/98 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS & REPAIR 001-170-999-5214 82.23 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS & REPAIR 001-170-999-5214 368.51 002098 HOUSE OF MOTORCYCLES CREDIT:ITEMS RETURNED 001-170-999-5214 37.37- 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS & REPAIR 001-170-999-5214 12.50 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS & REPAIR 001-170-9~X~-5214 18.46 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS & REPAIR 001-170-999-5214 19.87 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS & REPAIR 001-170-999-5214 305.02 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS & REPAIR 001-170-999-5214 359.01 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS & REPAIR 001-170-999-5214 41.46 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS & REPAIR 001-170-999-5214 7.78 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS & REPAIR 001-170-999-5214 3.86 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS & REPAIR 001-170-999-5214 8.53 003138 INDUSTRIAL ASPHALT A.C. FOR CITYWIDE REPAIRS 001-164-601-5218 163.78 003138 INDUSTRIAL ASPHALT A.C. FOR CITYWIDE REPAIRS 001-164-601-5218 83.51 003138 INDUSTRIAL ASPHALT A.C. FOR CITYWIDE REPAIRS 001-164-601-5218 111.25 003138 INDUSTRIAL ASPHALT A.C. FOR CITYWIDE REPAIRS 001-164-601-5218 83.51 003138 INDUSTRIAL ASPHALT A.C. FOR CITYWIDE REPAIRS 001-164-601-5218 164.32 003138 INDUSTRIAL ASPHALT A.C. FOR CITYWIDE REPAIRS 001-164-601-5218 84.05 003138 INDUSTRIAL ASPHALT A.C FOR CITYWIDE REPAIRS 001-164-601-5218 56.84 003138 INDUSTRIAL ASPHALT A.C. FOR CITYWIDE REPAIRS 001-164-601-5218 83.24 1,189.86 830.50 48554 03/26/98 003187 INTERNAL REVENUE SERVIC IRS CK SENT TO US IN ERROR 001-1990 50.08 50.08 48555 03/26/98 48555 03/26/98 48555 03/26/98 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 2/22 ORTEGA 001-150-999-5118 104.00 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 3/8 MILES 001-163-999-5118 72.80 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 3/8 MILES 001-164-604-5118 218.40 395.20 48556 03/26/98 000206 KINKO'S, INC. STATIONERY PAPER/MISC SUPPLIES 001-110-999-5220 57.7"/ 48556 03/26/98 000206 KINKO'S, INC. STATIONERY PAPER/NISC SUPPLIES 330-199-999-5220 249.T3 307.50 48557 03/26/98 001534 LA MASTERS OF FINE TRAV AIR:LEGIS. MTG 3/20 A. KUHNS 001-110-999-5258 378.00 378.00 48558 03/26/98 003028 LOS ANGELES TIMES NEWSPAPER SUBSCRIPTION 280-199-999-5228 69.36 69.36 48559 03/26/98 000394 MAINTENANCE SUPERINTEND CERT:B.BAKER;P.MCCOY;J.SMITH 48560 03/26/98 002693 MATROS, ANDREA TCSD INSTRUCTOR EARNINGS 001-164-601-5261 105.00 190-183-999-5330 48.00 105.00 VOUCHRE2 03/26/98 VOUCHER/ CHECK NUMBER 48560 48560 48561 48562 48562 48562 48562 48562 48562 48563 48564 48564 48565 48565 48565 48565 48566 48567 48567 48568 48568 48569 48570 48571 48571 48571 48572 4857'5 48574 48575 48575 48576 48576 48576 11:26 CHECK DATE 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 03/26/98 VENDOR NUMBER 002693 002693 001384 001384 001384 00138/, 00138~ 00138~ 000228 000228 001584 001584 001584 001584 002139 002105 002105 001383 001383 002406 002331 000254 000254 000254 003155 002110 002880 002012 002012 000262 000262 000262 VENDOR NAME NATROS, ANDREA MATROS, ANDREA MCKENNA, LENA MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS MISKAM, NANCY MOBIL CREDIT FINANCE CO MOBIL CREDIT FINANCE CO NEWPORT PRINTING SYSTEM NEWPORT PRINTING SYSTEM NEWPORT PRINTING SYSTEM NEWPORT PRINTING SYSTEM NORTH COUNTY TIMES - AT OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. PACIFIC BUSINESS INTERI PEP BOYS INC PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRICE CHOPPER, INC PRIME EQUIPMENT PRO-CRAFT SASH & SUPPLY R D 0 EQUIPMENT CO. R D 0 EQUIPMENT CO. RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS REFUND: CREATIVE BEGINNINGS BUSINESS CARDS - J.BALLANCE SALES TAX BUSINESS CARDS:R.GUERRIERO SALES TAX QTY 5000 WINDOW ENVELOPES SALES TAX REFUND: COMPUTER KIDS FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES MANUAL CASH RECEIPTS FREIGHT SALES TAX CREDIT FOR INVOICE 112168 RECRUITMENT AD:EXEC.DIRECTOR VEHICLE MAINT & REPAIR - PW VEHICLE MAINT & REPAIR - Pg MAR PROF CONSULTING SERVICES CONSULTING SVCS-COUNCIL WKSHPS FILE CABINET MISC. MAINTENANCE SUPPLIES AO:TEM.CALENDAR-OLD TO~N PUBLIC NOTICE:PA97-0327 PUBLIC NOTICE:PA97-0341 WRISTBANDS FOR AQUATIC PROGRAM EQUIPMENT RENTAL FOR P.g. DEPT RES.IMPROVE.PROG:GULLET/FLORES BACKHOE MAINT SVC FOR PW BACKHOE MAINT SVC FOR PW VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS PAGE 4 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 190-183-999-5330 336.00 190-183-999-5330 33.60 190-183-4982 30.00 001-150-999-5222 102.50 001-150-999-5222 7.94 001-161-999-5222 102.50 001-161-999-5222 7.94 001-140-999-5222 251.80 001-140-999-5222 19.51 190-183-4982 70.00 001-164-601o5263 183.19 001-170-999-5262 100.21 001-140-999-5222 268.85 001-140-999-5222 6.41 001-140-999-5222 20.84 001-140-999-5222 269.76- 001-150-999-5254 56.91 001-164-601-5214 543.34 001-164-601-5214 528.27 001-150-999-5248 700.00 001-100-999-5248 703.29 001-161-999-5601 299.63 001-164-601-5218 16.68 280-199-999-5270 400.00 001-161-999-5256 16.75 001-161-999-5256 18.25 190-183-999-5310 420.00 001-164-601-5238 52.99 165-199-813-5804 700.00 417.60 30.00 492.19 70.00 283.40 26.34 56.91 1,071.61 1,403.29 299.63 16.68 435.00 420.00 52.99 700.00 001-164-601-5214 68.87 001-164-601-5214 476.50 545.37 193-180-999-5240 809.37 190-180-999-5240 170.63 191-180-~-5240 9.96 989.96 VOUCHRE2 03/26/98 11:26 VOUCHER/ CHECK CHECK NUMBER DATE 48577 03/26/98 48577 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48578 03/26/98 48580 03/26/98 48581 03/26/98 48582 03/26/98 48583 03/26/98 48584 03/26/98 48585 03/26/98 48585 03/26/98 48585 03/26/98 48585 03/26/98 48586 03/26/98 48586 03/26/98 48586 03/26/98 48586 03/26/98 VENDOR NUMBER 001500 001500 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 001365 001592 000519 000537 000537 000537 000537 001212 001212 001212 001212 VENDOR NAME REGIONAL TRAINING CENTE REGIONAL TRAINING CENTE RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, WATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, WATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, WATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, HATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, HATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDSON, STELLA RIVERSIDE CO. ENVIRONME RIVERSIDE CO. INFORMATI SANCHEZ, DIANE SOUTH COUNTY PEST CONTR SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF GAS COt4P SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS COMP SOUTHERN CALIF GAS CONP CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION SUPERVISORS ACADEMY D. LANIER SUPERVISOR ACADEMY B.WEDEKING FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES FEBRUARY 98 LEGAL SERVICES REFUND: GENEOLOGY CLASS POOL/SPA PERMIT RENEHAL 1998 FEB RADIO RENTAL - CODE ENFORC REFUND:SWIMMING LESSONS PEST CONTROL SERVICES - CRC VARIOUS ELECT METERS 2-07-626-6063 RANCHO VISTA SPR 2-02-351-6800 VARIOUS METERS 60-77-832-9440-01-000-4 HWY 79 021 725 0775 SR CENTER 091 024 9300 CRC 095 167 7907 PRKVW FIRE 101 525 0950 TCC PAGE 5 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 001-150-999-5261 400.00 190-180-999-5261 400.00 001-130-999-5246 6,760.51 001-130-999-5246 1,405.00 001-130-999-5246 3,401.75 190-180-999-5246 759.50 001-130-999-5246 2,399.00 001-1280 2,154.68 001-130-999-5246 238.00 001-1280 378.00 001-130-999-5246 1,343.00 001-2640 38.00 001-2641 559.00 300-199-999-5246 125.25 001-1280 35.25 300-199-999-5246 1,629.75 300-199-999-5246 66.25 001-130-999-5246 4,029.08 001-130-999-5246 2~.00 300-199-999-5246 1,093.82 300-199-999-5246 23.25 300-199-999-5246 1,207.65 300-199-999-5246 105.50 300-199-999-5246 879.68 001-2640 6,562.85 001-1280 5,370.00 300-199-999-5246 709.00 280-199-999-5246 1,388.25 165-199-999-5246 32.50 280-199-999-5246 492.00 190-183-4982 35.00 190°182-999-5250 420.00 001-162-999-5238 361.55 190-183-4975 30.00 190-182-999-5250 42.00 190-180-999-5240 5,131.20 193-180-999-5240 12.96 191-180-999-5240 42.83 191-180-999-5319 170.01 190-181-999-5240 131.07 190-182-999-5240 2,311.45 001-171-999-5240 218.89 190-18~-999-5240 59.63 800.00 43,209.52 35.00 420.00 361.55 30.00 42.00 5,357.00 VOUCHRE2 03/26/98 11:26 VOUCHER/ CHECK NUMBER 48586 48587 48588 48588 48588 CHECK VENDOR VENDOR DATE NUMBER NAME 03/26/98 001212 SOUTHERN CALIF GAS COMP 03/26/98 SZYMANSKI, HELEN 03/26/98 000168 TEMECULA FLO~/ER CORRAL 03/26/98 000168 TEMECULA FLOt, JER CORRAL 03/26/98 000168 TEMECULA FLOUER CORRAL 48589 03/26/98 000314 TEMECULA VALLEY MUSEUM 48590 03/26/98 002769 TODD'S FENCING 48591 03/26/98 002111 TOGO~S 48592 03/26/98 000321 UBNOSKE, DEBBIE 48593 03/26/98 48593 03/26/98 48593 03/26/98 000326 UNITOG RENTAL SERVICE, 000326 UNITOG RENTAL SERVICE, 000326 UNITOG RENTAL SERVICE, 48594 03/26/98 002566 VALLEY MICRO COMPUTERS 48594 03/26/98 002566 VALLEY MICRO COMPUTERS 48595 03/26/98 001342 48595 03/26/98 001342 48595 03/26/98 001342 48595 03/26/98 001342 48596 03/26/98 48597 03/26/98 WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, 003191 WEDEKING, BRUCE 003187 INTERNAL REVENUE SERVIC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 133 040 7373 CITY HALL REFUND: MY FAIR LADY SUNSHINE FUND FLOWERS:EMPLOYEE RECOGNITION FLOWERS:DAD/DAUGHTER DATE NITE DRAW REQUEST - MUSEUM RES.IMPROVE.PROG:GULLET&FLORES REFRESHMENTS:WORKSHOP:3/14/98 PLANNERS CF:3/5-7/98:LONG BEAC UNZFORM CLEANING & RENTAL - PW UNIFORM RENTAL SVCS FOR TCSD UNIFORM RENTAL SVCS FOR CRC INTERNET ACCESS:J.COMERCHERO SETUP MAINTENANCE SUPPLIES-TCC MAINTENANCE SUPPLIES-SR. CTR. CITY HALL-MAINTENANCE SUPPLIES MAINTENANCE SUPPLIES - CRC CERT.POOL OPER.TRAINING:3/2/98 PROCESSING FEE FOR 941 COPY ACCOUNT NUMBER 340-199-701-5240 190-183-4986 001-2170 001-150o999-5265 190-184-999-5301 210-190-808-5804 165-199-813-5804 001-100-999-5260 001-161-999-5258 001-164-601-5243 190-180-999-5243 190-180-999-5243 320-199-999-5221 320-199-999-5221 190-184-999-5212 190-181-999-5212 340-199-701-5212 190-182-999-5212 190-180-999-5261 001-140-999-5250 ITEM AMOUNT 137.90 27.00 223.04 32.33 53.88 31,382.70 1,079.57 101.42 63.45 230.64 83.39 40.80 99.00 24.95 490.20 174.56 165.83 107.18 108.90 23.00 PAGE 6 CHECK AMOUNT 2,858.94 27.00 309.25 31,382.70 1,079.57 101.42 63.45 354.83 123.95 937.77 108.90 23.00 TOTAL CHECKS 730,253.34 VOUCHRE2 04/02/98 10:52 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 13 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEHENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 113,385.62 6,850.21 36,224.08 44.88 105.39 1,341.67 677,23 12~777,99 10~392,36 441.24 8,092.56 695.53 7,352.30 TOTAL 198,381.06 VOUCNRE2 04/02/98 VOUCHER/ CHECK NUMBER 48598 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 961503 992554 992554 992554 992554 992554 992554 992554 992554 992554 992554 992554 992554 992554 992554 992554 992554 992554 48603 48603 48603 48603 48603 48603 10:52 CNECK DATE 03/27/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 VENDOR NUMBER 000674 000283 000283 000283 000283 O00283 O00283 000283 000283 000283 000283 000283 000283 0OO283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000116 000116 000116 000116 000116 000116 VENDOR NAME CALIFORNIA CONTRACT CIT INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) 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 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION CF:SAFETY COMMISSIONERS:4/4/98 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 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 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 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP ACCOUNT NUMBER 001-164-602-5258 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 280-2070 340-2070 001-2070 165-2070 190~2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2310 165-2310 190-2310 193-2310 280-2310 300-2310 ITEM AMOUNT 270.00 14,546.55 626.09 3,571.96 8.84 22.97 328.69 136.78 712.69 83.25 562.66 111.41 382.41 3,767.80 158.07 1,052.71 2.38 6.14 79.04 36.46 176.21 24.12 120.24 27.50 122.86 29.60 3.48 49.81 .63 5.26 3,705.84 222.98 810.99 1.55 3.77 65.79 23.96 228.84 21.15 127.42 23.38 75.66 553.16 12.90 73.12 1.72 14.64 4.30 PAGE 1 CHECK AMOUNT 270.00 26,667.83 5,400.11 VOUCHRE2 04/02/98 VOUCHER/ CHECK NUMBER 48603 48604 48605 48606 48607 48608 48609 48610 48611 48612 48613 48614 48614 48614 48614 48614 48614 48615 48615 48616 48616 48617 48618 48618 48619 48620 48620 48620 48620 48620 48620 48620 48620 10:52 CHECK DATE 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 VENDOR NUMBER 000116 002410 002038 000101 003162 003137 002998 000413 002534 001555 000462 000140 000140 000140 000140 000140 000140 002533 002533 003189 003189 002106 001716 001716 001380 001380 001380 001380 001380 001380 001380 001380 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM NAME DESCRIPTION A V P VISION PLANS 000116 AVP A WOMAN'S TOUCH BUILDIN JANITORIAL SERVICE-CITY PARK ACTION POOL & SPA SUPPL CRC POOL SUPPLIES APPLE ONE~ INC. CPR/1ST AID TRAINING:A.CRAMER B H E TECHNICAL STAFFIN TEMP HELP W/E 3/13 HAWKINS BARKERS FOOD MACNINERY CRC-DISHWASHER REPAIR BRUNSWICK CAL OAKS BOWL TCSD INSTRUCTOR EARNINGS CALIFORNIA DEPT OF FISH 1601 PERMIT:STORM DRAIN STSCPE CATERERS CAFE, THE REFRESHMENTS:iN HOUSE MEETINGS CHRISTOPHERSON FIRE PRO FIRE SUPPRESSION SYSTEM:TCC CLUB, THE TCSD INSTRUCTOR EARNINGS COLONIAL LIFE & ACCIDEN 000140 COLONIAL LIFE & ACCIDEN 000140 COLONIAL LIFE & ACCIDEN 000140 COLONIAL LIFE & ACCIDEN 000140 COLONIAL LIFE & ACCIDEN 000140 COLONIAL LIFE & ACCIDEN 000140 1500 A&S 600 A&S 600 A&S 800 A&S 800 A&S CANCER COUNTRY FRAMING COUNTRY FRAMING FRAMING:HINTERGARDT MEMORABILI BALES TAX CRAFTON HILLS COLLEGE CRAFTON HILLS COLLEGE REG FEE:WINDOR,H. 6/19 (3A) REG FEE:WINDOR,H 7/10-24 (3B) DA FAMILY SUPPORT 002106 SUPPORT DAN'S ROOFING DAN'S ROOFING RES.IMPROVE.PROG:K.BISZANTZ CITY HALL ROOF REPAIRS DEL RIO, DONNA REFUND: LEARN TO BOWL ES E S ES E S ES E S ES ES EMPLOYMENT SERVIC PLAN SVCS:W/E 3/13/98:DONAHOE EMPLOYMENT SERVIC ACCT SVCS:W/E 3/13/98:J.DIAZ EMPLOYMENT SERVIC ACCT ASST:W/E 3/13/98:J.YONKER EMPLOYMENT SERVIC PLAN SVCS:W/E 3/13/98:DEGANGE EMPLOYMENT SERVIC OFFICE AIDE:W/E 1/16/98:MCLEAN EMPLOYMENT SERVIC OFFICE AIDE:W/E 1/30/98:MCLEAN EMPLOYMENT SERVIC OFFICE AIDE:W/E 2/13/98:MCLEAN EMPLOYMENT SERVlC OFFICE AIDE:W/E 2/27/98:MCLEAN ACCOUNT NUMBER 340-2310 190-180-999-5250 190-180-999-5212 001-150-999-5261 001-163-999-5118 190-182-999o5212 190-183-999o5330 280-199-824-5804 001-161~999-5260 190-184-999-5250 190-183-999-5330 001-2330 001-2330 190-2330 001-2330 190-2330 001-2330 001-100-999-5265 001-100-999-5265 001-171-999-5261 001-171-999-5261 190-2140 165-199-813-5804 340-199-701-5212 190-183-4982 001-161-999-5118 001-140-999-5118 001-140-999-5118 001-161~999-5118 280-199-999-5118 280-199-999-5118 280-199-999-5118 280-199-999-5118 ITEM AMOUNT 21.50 1,933.00 51.18 58.05 1,081.50 170.77 201.60 662.00 40.00 79.01 140.40 22.00 56.00 39.75 66.50 47.75 107.02 255.65 19.80 40.50 32.50 82.50 850.00 175.00 42.00 2,949.21 1,752.89 1o169.60 2°779.20 897.18 1,069.23 1,122.16 982.72 PAGE 2 CHECK AMOUNT 681.34 1,933.00 51.18 58.05 1,081.50 170.77 201.60 662.00 40.00 79.01 140.40 339.02 275.45 73.00 82.50 1,025.00 42.00 12,722.19 VOUCHRE2 04/02/98 VOUCHER/ CHECK NUMBER 48621 48622 48623 48623 48624 48624 48625 48625 48626 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 48627 484527 48627 48627 48627 48627 48627 48627 48627 10:52 CHECK DATE 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 VENDOR NUMBER 002390 002128 000164 000164 000165 000165 003188 003188 000166 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 002002 002002 002002 002002 002002 002002 VENDOR NAME EASTERN MUNICIPAL WATER ENGINEERING VENTURES, I ESGIL CORPORATION ESGIL CORPORATION FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FIRE SAFETY TRUST FIRE SAFETY TRUST FIRST AMERICAN TITLE 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. 00 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 ]NS. CO FORTIS BENEFITS INS. CO CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SEWER PLAN CK-MARG COMM PRK ADDITIONAL AUTOCAD SERVICES FEB PLAN CHECK:TEM.DUCK POND JAN 98 PLAN CHECK SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES TUITION FEE:WINDOR,H 6/19 (3A) TUITION FEE:WINDOR,H 7/10 (3B) LOT BOOK REPORTS:FACADE IMPROV 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 O02OO2 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD 002002 LTD O02OO2 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD 002002 STD ACCOUNT NUMBER 210-190-119-5802 001-163-999-5250 210o190-143-5804 210-190-152-5804 001-162-999-5230 001-110-999-5230 001-171-999-5261 001-171-999-5261 280-199-813-5804 001-2360 165-2360 190-2360 191-2360 192-2360 193-2360 194-2360 280-2360 300-2360 320-2360 330-2360 340-2360 001-2380 165-2380 190-2380 191-2380 192-2380 193-2380 194-2380 280-2380 300-2380 320-2380 330-2380 340-2380 001-2500 165-2500 190-2500 191-2500 192-2500 193-2500 194-2500 280-2500 300-2500 320-2500 330-2500 340-2500 ITEM AMOUNT 500.00 360.00 112.32 261.45 63.50 9.15 70.00 70.00 150.00 675.00 16.83 143.10 .45 1.35 14.85 8.10 23.67 4.50 18.00 9.00 21.15 1,279.42 47.72 263.43 .90 2.22 27.46 13.01 56.98 8.71 44.71 8.91 32.01 1,374.54 51.27 282.99 .97 2.40 29.51 13.96 61.23 9.35 48.03 9.57 34.39 PAGE 3 CHECK AMOUNT 500.00 360.00 3~.77 72.65 140.00 150.00 4,639.69 VOUCHRE2 04/02/98 VOUCHER/ CHECK NUMBER 48629 48630 48630 48630 48630 48631 48632 48633 48633 48633 48633 48633 48634 48634 48635 48636 48637 48638 48638 48639 48640 48640 48640 48640 48641 48642 48643 48644 48645 48646 48646 48647 10:52 CHECK DATE 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 04/02/98 VENDOR NUMBER 001103 000184 000184 000184 000184 002545 000192 000192 000192 000192 000192 002174 002174 001697 002372 003190 002472 002472 000796 000194 000194 000194 000194 000199 001186 001894 000820 001667 001667 002023 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS - VENDOR NAME ITEM DESCRIPTION FREEDOM MATERIALS GRAFFITI REMOVAL & MISC. SUPP. G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM 909 676-3526:FIRE ALARM 909 693-0956:GENERAL USAGE 909 694-4356:HINTERGARDT PARK 909 694-8927:GENERAL USAGE GAMBLE, MARK S. TCSD INSTRUCTOR EARNINGS GETTLER, RISA REFUND: HAWAIIAN TAHITIAN DANC GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE 3-100PK OF 3 1/2 DISETTE CAT 5 UTP PATCH CABLE DBBL SHIELED IEEE CABLE FREIGHT SALES TAX GROUP 1 PRODUCTIONS GROUP 1 PRODUCTIONS STATE OF THE CITY VIDEO PRODUC 30 VIDEO OF STATE OF THE CITY HALL, NANCY LEE TCSD INSTRUCTOR EARNINGS HARMON, JUDY TCSD INSTRUCTOR EARNINGS HEMET/TEM. EMPLOYER ADV EMPYMNT TX CF:PATTISON/SMITH B HOT SPRINGS PHOTO HOT SPRINGS PHOTO SLIDE DUPLICATES FOR INVENTORY CREDIT: BILLING ERROR ICBO MEMBERSHIP:CITRUS BELT CHAPTER I C M A RETIREMENT TRUS 000194 DEF COMP I C M A RETIREMENT TRUS 000194 DEF COMP I C M A RETIREMENT TRUS 000194 DEF COMP I C M A RETIREMENT TRUS 000194 DEF COMP INTERNAL REVENUE SERVIC 000199 IRS GARN IRWIN, JOHN TCSD INSTRUCTOR EARNINGS JOHNSON FENCE COMPANY HOCKEY RINK HAND RAILING K R W & ASSOCIATES ENGINEERING CONSULTING SERVS KEENAN, RETHA REFUND: FAMILY ALBUM KELLY TEMPORARY SERVICE TEMP HELP W/E 3/15 MILES KELLY TEMPORARY SERVICE TEMP HELP W/E 3/15 MILES KING, WENDE TCSD INSTRUCTOR EARNINGS ACCOUNT NUMBER 001-164-601-5218 320-199~999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 190-183-999-5330 190-183-4982 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 001-100-999-5250 001-100-999-5250 190-183-999-5330 190-183-999-5330 001-140-999-5261 280-199-999-5270 280-199-999-5270 001-162-999-5226 001-2080 165-2080 190-2080 280-2080 001-2140 190-183-999-5330 190-180-999-5212 001-163-999-5248 190-183-4982 001-163-999-5118 001-164-604-5118 190-183-999-5330 ITEM AMOUNT 75.43 93.33 32.20 34.10 28.69 180.00 21.67 104.85 139.00 27.98 13.47 21.69 2,700.00 105.00 102.40 430.40 24.00 202.30 1.08- 25.00 1,747.51 18.75 227.45 36.97 297.04 264.00 3,970.00 1,575.00 10.00 91.00 273.00 259.83 PAGE 4 CHECK AMOUNT 75.43 188.32 180.00 21.67 306.99 2,805.00 102.40 430.40 24.00 201.22 25.00 2,030.68 297.04 264.00 3,970.00 1,575.00 10.00 364.00 259.83 VOUCHRE2 04/02/98 VOUCHER/ CHECK NUMBER 48648 48649 48650 48651 48652 48653 48654 48655 48655 48656 48657 48658 48658 48658 48658 48658 48658 48658 48658 48659 48659 48659 48659 4866O 48661 48662 48663 48664 48664 48664 48664 48665 48666 10:52 CHECK VENDOR VENDOR DATE NUMBER NAME 04/02/98 KLIHN, DONNA 04/02/98 002~9 KUHNS, ALLIE 04/02/98 000209 L & M FERTILIZER, INC. 04/02/98 002893 LARA, WOE 04/02/98 002700 LIBERTY PAINT & BODY 04/02/98 003028 LOS ANGELES TIMES 04/02/98 MADDEN, CLARENCE 04/02/98 000220 MAURICE PRINTERS, INC. 04/02/98 000220 MAURICE PRINTERS, INC. 04/02/98 000843 MCDANIEL ENGINEERING CO 04/02/98 MCNAMEE, SANDRA 04/02/98 003076 MET LIFE INSURANCE COMP 04/02/98 003076 MET LIFE INSURANCE COMP 04/02/98 003076 MET LIFE INSURANCE COMP 04/02/98 003076 MET LIFE INSURANCE COMP 04/02/98 003076 MET LIFE INSURANCE COMP 04/02/98 003076 MET LIFE INSURANCE COMP 04/02/98 003076 MET LIFE iNSURANCE COMP 04/02/98 003076 MET LIFE INSURANCE CC~tP 04/02/98 001384 MINUTEMAN PRESS 04/02/98 001384 MINUTEMAN PRESS 04/02/98 001384 MINUTEMAN PRESS 04/02/98 00138/, MINUTEMAN PRESS 04/02/98 000883 MONTELEONE EXCAVATING 04/02/98 000718 NATIONAL RECREATION &PA 04/02/98 002100 OBJECT RADIANCE, INC. 04/02/98 OBLACHINSKI, BETH 04/02/98 002105 OLD TOWN TIRE & SERVICE 04/02/98 002105 OLD TOWN TIRE & SERVICE 04/02/98 002105 OLD TOWN TIRE & SERVICE 04/02/98 002105 OLD TOWN TIRE & SERVICE 04/02/98 002668 OMEGA LAKE SERVICES 04/02/98 002652 OSCAR'S CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND: VENDOR APPLICATION REIMB:WASHGTN TRiP N/COUNCIL MISC LANDSCAPE & MAINT SUPPLIE TCSD INSTRUCTOR GMC TRUCK BACK DOOR REPAIR SUB:3/23/98-4/20/98:M.MCLARNEY REFUND: SWIM LESSON FASTRACK BROCHURE/BOOK/1 FOLD SALES TAX FEB PROF SERV:RANCHO CAL/I-15 REFUND: TWO DAY ART CAMP 003076 DENTALML 003076 DENTALML 003076 DENTALML 003076 DENTALML 003076 DENTALML 003076 OENTALML 003076 DENTALML COBRA/APR/FLAMMER & PARKS BUSINESS CARD MAGNETS SALES TAX BUS CARDS-CINDY KEIRSEY SALES TAX REMOVE SILT FOR J.S.CHANNEL MEMBERSHIP RENEWAL:PARKER,H. TCSD INSTRUCTOR EARNINGS REFUND: T~/O DAY ART CAMP CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT PARK MAINTENANCE-DUCK POND REFRESHMNTS:CLOSED SESSION MTG ACCOUNT NUMBER 190-183-4992 001-100-999-5260 190-180-999-5212 190-183-999-5330 340-199-701-5214 280-199-999-5228 190-183-4975 280-199-999-5270 280-199-999-5270 210-165-601-5801 190-183-4982 001-2340 165-2340 190-2340 193-2340 280-2340 300-2340 340-2340 001-1180 001-150-999-5254 001-150-999-5254 001-162-999-5222 001-162-999-5222 001-164-601-5401 190-180-999-5226 190-183-999-5330 190-183-4982 190-180-999-5214 190-180-999-5214 190-180-999-5214 190-180-999-5214 190-180-999-5212 001-100-999-5260 ITEM AMOUNT 30.00 778.84 22.50 244.40 235.80 16.56 30.00 297.00 23.02 1,300.00 33.00 2,573.24 136.91 348.59 20.87 126.05 19.56 78.23 56.54 270.00 20.92 38.25 2.96 9,530.00 215.00 650.72 39.00 23.45 221.80 1,084.30 42.76 800.00 88.92 PAGE 5 CHECK AMOUNT 30.00 778.84 22.50 244.40 235.80 16.56 30.00 320.02 1,300.00 33.00 3,359.99 332.13 9,530.00 215.00 650.72 39.00 1,372.31 800.00 VOUCHRE2 CITY OF TEMECULA 04/02/98 10:52 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 48666 04/02/98 002652 OSCAR'S SALES TAX 001-100-999-5260 48666 04/02/98 002652 OSCAR'S REFRESHMENTS:PEACS COMMITTEE 001-150-999-5260 48666 04/02/98 002652 OSCAR'S SALES TAX 001-150-999-5260 48666 04/02/98 002652 OSCAR'S CREDIT:OVRCHRGE FOR BOTTLE WTR 001-150-999-5260 5.70 126.67 9.80 2.16- 228.93 48667 04/02/98 001383 P M W ASSOCIATES, INC. RDA CONSULTING SERVICES 48667 04/02/98 001383 P M W ASSOCIATES, INC. RDA CONSULTING SERVICES 165-199-999-5248 280-199-999-5248 2,999.88 1,004.88 4,004.76 48668 04/02/98 003021 PACIFIC BELL MOBILE SER ERICSSON CF388 PCS TELEPHONE 320-199-999-5242 48668 04/02/98 003021 PACIFIC BELL MOBILE SER REPLACEMENT CHIP FOR PHONE 320-199-999-5242 48668 04/02/98 003021 PACIFIC BELL MOBILE SER SALES TAX 320-199-999-5242 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 001-162-999-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 190-180-999-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 280-199-999-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 001-100-999-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGN MAR 8 001-1990 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGN MAR 8 001-110-999-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 001-150-999-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 001-140-999-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 001-163-999-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 001-164-601-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 001-164-604-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 001-161-999-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 001-1990 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 320-199-999-5208 48668 04/02/98 003021 PACIFIC BELL MOBILE SER CELL PHONE SERV:THROUGH MAR 8 001-120-999-5208 149.00 100.00 19.30 219.31 444.58 114.11 95.27 75.31 52.61 98.8G 61.29 265.13 104.12 112.00 .90 117.59 156.24 52.34 2,237.94 48669 04/02/98 000733 PARTY PZAZZ SERVS FOR TEEN KARAOKE CONTEST 190-183-999-5320 96.01 96.01 48670 04/02/98 001585 PAUL GARDNER CORPORATIO TRAFFIC SIGNAL-PHASE II 210-165-640-5804 48670 04/02/98 001585 PAUL GARDNER CORPORATIO TRAFFIC SIGNAL-PHASE II RETENT 210-2035 545.00 54.50- 490.50 48671 04/02/98 001880 PELf GUARD PRODUCTS FOX 40 WHISTLE, COLOR - WHITE 190-183-999-5310 48671 04/02/98 001880 PELf GUARD PRODUCTS GUARD RESCUE T-SHIRT, SIZE XL 190-183-999-5310 48671 04/02/98 001880 PELf GUARD PRODUCTS GUARD RESCUE TANK TOP~ SIZE XL 190-183-999-5310 48671 04/02/98 001880 PELI GUARD PRODUCTS FREIGHT 190-183-999-5310 48671 04/02/98 001880 PELf GUARD PRODUCTS SALES TAX 190-183-999-5310 84.00 245.00 175.00 9.00 39.06 552.06 48672 04/02/98 002331 PEP BOYS INC MISC. MAINTENANCE SUPPLIES 001-164-601-5218 4.28 4.28 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 MLT PERS 001-2130 322.43 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2130 10.27 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 19,193.06 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 790.85 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2130 3.67 48673 04/02/98 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 190-2390 4,006.55 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 13.15 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 32.40 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 401.40 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 195.23 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2130 1.10 VOUCHRE2 04/02/98 VOUCHER/ CHECK NUMBER 10:52 CHECK DATE VENDOR NUMBER VENDOR NAME CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 48673 04/02/98 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 48673 04/02/98 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 48673 04/02/98 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS-PRE 48673 04/02/98 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 48673 04/02/98 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 48673 04/02/98 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 48673 04/02/98 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 48673 04/02/98 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 CIGNA 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 48674 04/02/98 000245 PERS (HEALTH 1NSUR. PRE 000245 HELTHNET 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 48674 04/02/98 000245 PERS (HEALTH 1NSUR. PRE 000245 PC 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS DED 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS-ADM 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 AETNA SO 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 BLSHIELD 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET ACCOUNT NUMBER 280-2390 300-2390 320-2390 330-2390 340-2390 001-2130 001-2390 165-2390 190-2390 191-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2090 165-2090 280-2090 001-2090 190-2090 280-2090 001-2090 300-2090 001-2090 190-2090 191-2090 192-2090 193-2090 194-2090 280-2090 330-2090 340-2090 001-2090 190-2090 001~2090 190-2090 193-2090 194-2090 001-2090 001-2090 280-2090 001-2090 001-2090 165-2090 280-2090 190-2090 001-2090 ITEM AMOUNT 911.68 131.88 650.10 129.58 472.38 238.31 65.11 1.75 14.78 .05 .14 1.54 .84 2.43 .46 1.86 .93 2.18 161.59 212.83 70.93 718.03 360.90 1.58 844.50 39.46 5,175.70 1,410.10 15.56 31.05 310.50 46.54 2.50 155.25 791.97 2,082.75 148.83 3,758.23 674.45 19.00 104.45 16.00 2,382.68 320.00 1,074.18 103.28 102.29 34.09 54.07 371.50 PAGE 7 CHECK AMOUNT 27,596.11 VOUCHRE2 CiTY OF TEMECULA 04/02/98 10:52 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 48674 04/02/98 000245 PERS (HEALTH INSUR. PRE 000245 PERS REV 190-2090 340-2090 001-2090 001-2090 190-2090 193-2090 001-2090 001-2090 88.65 15.35 30.64 162.59 35.80 1.88 177.32 1,074.18- 21,032.84 48675 04/02/98 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 49.85 49.85 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5220 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5223 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5261 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5265 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5222 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-162-999-5260 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5218 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-1990 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5260 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-170-999-5222 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-171-999-5261 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5214 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5258 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-182-999-5301 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5305 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5380 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 280-1990 48676 04/02/98 000249 PETTY CASH PETTY CASH REIMBURSEMENT 320-199-999-5221 32.T5 50.39 21.00 96.31 60.00 43.62 8.08 44.30 14.50 21.51 16.97 15.00 9.34 20.00 15.00 92.40 9.60 20.04 43.56 12.69 32.87 7.04 54.59 25.31 766.85 48678 04/02/98 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE: PA98-0064 48678 04/02/98 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE: PA98-0029 001-161-999-5256 001-161-999-5256 19.00 17.75 36.75 48679 04/02/98 000255 PRO LOCK & KEY 48679 04/02/98 000255 PRO LOCK & KEY 48679 04/02/98 000255 PRO LOCK & KEY 48679 04/02/98 000255 PRO LOCK & KEY 48679 04/02/98 000255 PRO LOCK & KEY 48679 04/02/98 000255 PRO LOCK & KEY OLYMPUS LOCKS (HEAVY DUTY) ELBOW CATCHES FOR CABINETS LABOR FOR INSTALLATION OF LOCK SERVICE CALL CHARGE FOR LOCKS SALES TAX LOCKSMITH SERVICES - CRC 001-140-999-5242 001-140-999-5242 001-140-999-5242 001-140-999-5242 001-140-999-5242 190-182-999-5212 195.00 29.85 60.00 25.00 17.43 10.77 338.05 48680 04/02/98 000947 48680 04/02/98 000947 48680 04/02/98 000947 48680 04/02/98 000947 RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C RANCHO BELL BLUEPRINT C BLUEPRINT:CRC IMPRVMNTS A/C BLUEPRINTS AND MISC SUPPLIES BLUEPRINT:MARGARITA COMM PRK BLUEPRINT:TRAFFIC SIGNAL @ MAR 210-190-152-5802 001-161-999-5224 210-190-119-5804 210-165-674-5804 244.82 39.30 115.40 45.34 444.86 VOUCHRE2 CITY OF TEMECULA 04/02/98 10:52 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 48681 04/02/98 002072 RANCHO CALIF WATER DIST WTR METER @ MARGARITA COMM PRK 210-190-119-5804 6,986.00 6,986.00 48682 04/02/98 000262 RANCHO CALIFORNIA WATER 01-99-02003-0 FLOATING METER 001-164-601-5250 113.02 48682 04/02/98 000262 RANCHO CALIFORNIA WATER 01-99-02003-0 FLOATING METER 001-1990 235.20 48682 04/02/98 000262 RANCHO CALIFORNIA WATER 02-79-10100-1 DIAZ ROAD 190-180-999-5240 56.36 404.58 48683 04/02/98 003173 RECREATION SUPPLY CONPA SINGLE VELCRO STRAP:BACKBOARD 190-183-999-5310 89.82 48683 04/02/98 003173 RECREATION SUPPLY COMPA FISHING DIVE RINGS 190-183-999-5310 41.70 48683 04/02/98 003173 RECREATION SUPPLY COMPA FREIGHT 190-183-999-5310 7.59 139.11 48684 04/02/98 002226 RUSSO, MARY ANNE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 700.00 700.00 48685 04/02/98 SCHLOSS, DARYN REFUND: LEARN TO BONL 190-183-4982 42.00 42.00 48686 04/02/98 000434 SIERRA COMPUTER SYSTEMS SIERRA PERMITS SYSTEM UPGRADE 320-199-999-5248 4,537.22 4,537.22 48687 04/02/98 000645 SMART & FINAL, INC. 48687 04/02/98 000645 SMART & FINAL, INC. CLASS & SPECIAL EVENTS SUPPLIE 190-183-999-5320 49.36 TINY TOTS AND SPECIAL EVENTS 190-183-999-5320 100.22 149.58 48688 04/02/98 000519 SOUTH COUNTY PEST CONTR PEST CNTRL SERVS:MAINT FAC 340-199-702-5250 40.00 40.00 48689 04/02/98 000537 SOUTHERN CALIF EDISON 2-02-351-4946 6TH STREET 190-180-999-5240 722.04 48689 04/02/98 000537 SOUTHERN CALIF EDISON 2-00-397-5042 CITY HALL 340-199-701-5240 3,902.31 48689 04/02/98 000537 SOUTHERN CALIF EDISON 2-02-502-8077 VARIOUS METERS 340-199-702-5240 503.79 48689 04/02/98 000537 SOUTHERN CALIF EDISON 66-7-/-795-8063-01 6TH ST 001-164-603-5240 261.60 5,389.74 48690 04/02/98 ST. CLAIR, KEVIN REFUND: CPR/FIRST-AID CLASS 190-183-4982 51.00 51.00 48691 04/02/98 SWIDER, NICOLE REFUND: AQUATIC PROGRAMS 190-183-4982 75.00 75.00 48692 04/02/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 001-2125 543.25 48692 04/02/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 165-2125 2.46 48692 04/02/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 190-2125 82.00 48692 04/02/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 191-2125 1.03 48692 04/02/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 192-2125 2.05 48692 04/02/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 193-2125 14.35 48692 04/02/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 194-2125 3.07 48692 04/02/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 280-2125 7.79 48692 04/02/98 001547 TEAMSTERS LOCAL 911 001547 UN DUES 320-2125 20.50 676.50 48693 04/02/98 002686 TECH MARKETING GRAPHICS GRAPHIC DESIGN:4TH OF JULY LOG 190-180-999-5254 150.00 150.00 48694 04/02/98 000314 TEMECULA VALLEY MUSEUM DRAW REQUEST CHAPEL & ATTORNEY 210-190-808-5804 2,722.16 2,722.16 48695 04/02/98 003140 TEMECULA VALLEY TAEKWON TCSD INSTRUCTOR EARNINGS 190-183-999-5530 249.60 249.60 48696 04/02/98 000919 TEMECULA VALLEY UNIFIED JULY 97 FUEL EXPENSE 190-180-999-5263 598.30 48696 04/02/98 000919 TEMECULA VALLEY UNIFIED JULY 97 FUEL EXPENSE 001-162-999-5263 119.64 48696 04/02/98 000919 TEMECULA VALLEY UNIFIED JULY 97 FUEL EXPENSE 001-164-604-5263 75.45 48696 04/02/98 000919 TEMEGULA VALLEY UNIFIED JULY 97 FUEL EXPENSE 001-163-999-5263 150.91 48696 04/02/98 000919 TEMECULA VALLEY UNIFIED JULY 97 FUEL EXPENSE 001-165-999-5263 75.45 VOUCHRE2 04/02/98 10:52 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 10 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 4~596 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 4~596 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48696 04/02/98 000919 48697 04/02/98 000642 48697 04/02/98 000642 48697 04/02/98 000642 48697 04/02/98 000642 48697 04/02/98 000642 48697 04/02/98 000642 48698 04/02/98 TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA VALLEY UNIFIED TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TEMECULA, CITY OF - FLE TEMEKA ADVERTISING JULY 97 FUEL EXPENSE AUGUST 97 FUEL EXPENSE AUGUST 97 FUEL EXPENSE AUGUST 97 FUEL EXPENSE AUGUST 97 FUEL EXPENSE AUGUST 97 FUEL EXPENSE AUGUST 97 FUEL EXPENSE SEPTEMBER 97 FUEL EXPENSE SEPTEMBER 97 FUEL EXPENSE SEPTEMBER 97 FUEL EXPENSE SEPTEMBER 97 FUEL EXPENSE SEPTEMBER 97 FUEL EXPENSE SEPTEMBER 97 FUEL EXPENSE SEPTEMBER 97 FUEL EXPENSE OCTOBER 97 FUEL EXPENSE OCTOBER 97 FUEL EXPENSE OCTOBER 97 FUEL EXPENSE OCTOBER 97 FUEL EXPENSE OCTOBER 97 FUEL EXPENSE OCTOBER 97 FUEL EXPENSE NOVEMBER 97 FUEL EXPENSE NOVEMBER 97 FUEL EXPENSE NOVEMBER 97 FUEL EXPENSE NOVEMBER 97 FUEL EXPENSE NOVEMBER 97 FUEL EXPENSE NOVEMBER 97 FUEL EXPENSE EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX EMPLOYEE CONTRIBUTION TO FLEX 001-164-601-5263 190-180-999-5263 001-162-999-5263 001-164-604-5263 001-163-999-5263 001-165-999-5263 001-164-601-5263 190-180-999-5263 001-162-999-5263 001-164-604-5263 001-163-999-5263 001-165-999-5263 001-164-601-5263 001-164-601-5263 190-180-999-5263 001-162-999-5263 001-164-604-5263 001-163-999-5263 001-165-999-5263 001-164-601-5263 190-180-999-5263 001-162-999-5263 001-164-604-5263 001-163-999-5263 001-165-999-5263 001-164-601-5263 001-1020 165-1020 190-1020 280-1020 300-1020 320-1020 384.12 464.75 196.52 89.60 179.18 89.60 456.13 538.22 170.70 98.18 196.38 98.18 .02 499.82 593.63 172.54 95.18 190.36 95.18 484.56 522.76 151.69 89.71 179.41 89.71 456.70 3,996.50 296.25 480.00 208.75 9.50 350.00 REFUND: K-RAT FEES 001-2300 765.00 7,602.58 5,341.00 765.00 48699 04/02/98 002111 TOGO'S 48699 04/02/98 002111 TOGO'S REFRESHMENTS:COUNCIL WORKSHOP 001-100-999-5260 SALES TAX 001-100-999-5260 116.70 .62 117.32 48700 04/02/98 002107 48700 04/02/98 002107 48700 04/02/98 002107 48700 04/02/98 002107 48700 04/02/98 002107 48700 04/02/98 002107 48700 04/02/98 002107 48700 04/02/98 002107 48700 04/02/98 002107 48700 04/02/98 002107 48700 04/02/98 002107 48700 04/02/98 002107 TRANS-GENERAL LIFE INS. 002107 VL ADVAN 001-2510 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 001-2510 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 165-2510 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 190-2510 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 280-2510 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 340-2510 TRANS-GENERAL LIFE INS. 002107 VL REVER 001-2510 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 001-2510 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 165-2510 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 190-2510 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 280-2510 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 340-2510 218.75 1~.10 4.40 39.85 4.40 4.00 218.75- 163.90 5.50 39.85 5.50 4.00 437.50 VOUCHRE2 04/02/98 10:52 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 11 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 48701 04/02/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 001-2080 4,666.01 48701 04/02/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 165-2080 155.00 48701 04/02/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 190-2080 1~572.96 48701 04/02/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 192-2080 .75 48701 04/02/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 193-2080 24.32 48701 04/02/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 194-2080 90.83 48701 04/02/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 280-2080 321.66 48701 04/02/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 300-2080 85.00 48701 04/02/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 320-2080 666.66 48701 04/02/98 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 340-2080 154.83 7,738.02 48702 04/02/98 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 001-2160 444.10 48702 04/02/98 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 165-2160 133.00 48702 04/02/98 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 190-2160 747.34 48702 04/02/98 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 280-2160 36.37 48702 04/02/98 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 340-2160 78.92 1,439.73 48703 04/02/98 000325 UNITED WAY 000325 48703 04/02/98 000325 UNITED WAY 000325 48703 04/02/98 000325 UNITED WAY 000325 48703 04/02/98 000325 UNITED WAY 000325 48703 04/02/98 000325 UNITED WAY 000325 48703 04/02/98 000325 UNITED WAY 000325 48703 04/02/98 000325 UNITED WAY 000325 UW 001-2120 UY 165-2120 UY 190-2120 UW 192-2120 UW 193-2120 UW 194-2120 UW 340-2120 152.00 1.00 34.80 .15 .75 4.00 .30 193.00 48704 04/02/98 VALLEY GROUP, THE 10 ANN SEM:MAYOR ROBERTS:4/21 001-100-999-5258 125.00 125.00 48705 04/02/98 001437 VIRACK, MARYANN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 120.00 120.00 48706 04/02/98 001890 VORTEX DOORS CITY HALL DOOR CLOSER 340-199-701-5212 198.00 198.00 48707 04/02/98 003114 WASKA, CAROLYN TCSD INSTRUCTOR EARNING 190-183-999-5330 175.20 175.20 48708 04/02/98 001881 WATER SAFETY PRODUCTSt UNIFORMS FOR AQUATICS 48708 04/02/98 001881 WATER SAFETY PRODUCTS, UNIFORMS FOR AQUATICS 48708 04/02/98 001881 WATER SAFETY PRODUCTS, UNIFORMS FOR AQUATICS 48708 04/02/98 001881 WATER SAFETY PRODUCTS, UNIFORMS FOR AQUATICS 48708 04/02/98 001881 WATER SAFETY PRODUCTS~ FREIGHT 190-183-999-5310 190-183-999-5310 190-183-999-5310 190-183-999-5310 190-183-999-5310 440.00 200.00 137.50 21.60 18.37 817.47 48709 04/02/98 001342 WAXIE SANITARY SUPPLY, MAINTENANCE SUPPLIES - PARKS 48709 04/02/98 001342 WAXIE SANITARY SUPPLY~ MAINTENANCE SUPPLIES - TCC 190-180-999-5212 190-184-999-5212 122.40 142.82 265.22 48710 04/02/98 000867 WESTIN HOTEL HTL:THORNHILL:NAT~L APA:4/4-8 001-161-999-5258 893.98 893.98 48711 04/02/98 002109 WHITE CAP MISC. MAINT. SUPPLIES FOR PW 001-164-601-5218 48711 04/02/98 002109 WHITE CAP MISC. MAINT. SUPPLIES FOR PW 001-164-601-5218 48711 04/02/98 002109 WHITE CAP MISC. MAINT. SUPPLIES FOR PW 001-164-601-5218 72.58 62.12 14.97 149.67 48712 04/02/98 002092 WINTER GRAPHICS SOUTH DESIGN SIGNAGE OF GRAMMA AUDRE 280-199-999-5250 431.00 431.00 48713 04/02/98 000345 XEROX CORPORATION BILLI COPIER LEASE AGRMNT:9HN-568831 330-199-999-5217 220.00 220.00 VOUCHRE2 04/02/98 10:52 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 48714 04/02/98 003172 ZOGGS, INC. 48714 04/02/98 003172 ZOGGS, INC. 48715 04/02/98 003189 CRAFTON HILLS COLLEGE 48716 04/02/98 003188 FIRE SAFETY TRUST CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM ACCOUNT DESCRIPTION NUMBER UNIFORMS FOR AQUATICS FREIGHT 190-183-999-5310 190-183-999-5310 REG FEE:ALBANESE,P 6/19 (3A) 001-171-999-5261 TUITION FEE:ALBANESE 6/19 (3A) 001-171-999-5261 ITEM AMOUNT 370.00 5.28 40.50 70.00 PAGE 12 CHECK AMOUNT 375.28 40.50 70.00 TOTAL CHECKS 198,381.06 VOUCHRE2 04/02/98 11:58 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 190 COMMUNITY SERVICES DISTRICT 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP TOTAL AMOUNT 22,220.48 5,287.99 192,309.60 13,689.24 233,507.31 VOUCHRE2 04/02/98 VOUCHER/ CHECK NUMBER 48719 48720 48720 48721 48722 48723 48724 48725 48725 48725 48726 48727 48727 48728 11:58 CHECK DATE 04/14/98 04/14/98 04/14/98 04/14/98 04/14/98 04/14/98 04/14/98 04/14/98 04/14/98 04/14/98 04/14/98 04/14/98 04/14/98 04/14/98 VENDOR NUMBER 002541 003104 003104 002128 000164 002499 000843 002980 002980 002980 000230 002181 002181 002576 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NAME BECKER, WALTER KARL ELEVEN WESTERN BUILDERS ELEVEN WESTERN BUILDERS ENGINEERING VENTURES, I ESGIL CORPORATION L D KING, INC. MCDANIEL ENGINEERING CO MOO CRAFT, INC MOD CRAFT, INC MOD CRAFT, INC ITEM DESCRIPTION REPAIRS TO PAUBA RD, SOUTH COMPLETION PICKETS @ FRONT ST COMPLETE RAILING @ FRONT ST FEB PRF SRVCS-WINCH SIDEWALK FEB PLAN CHECK SERVICES FEB PRF SRVCS-WINCH/I-15 BRIDG FEB PROF SERV:PALA RD BRIDGE MAR PRGSS:ADA PRK IMPRVMTS PRJ MAR PRGSS:ADA PRK IMPRVMTS PRJ MAR PRGSS:ADA PRK RETENTION MUNI FINANCIAL SERVICES APR-JUN ASSESS.SVCS-CITYWIDE RIVERSIDE CONSTRUCTION MAR PRGSS:RANCHO CAL/I-15 RIVERSIDE CONSTRUCTION MAR PRGSS:RANCHO CAL/I-15 RETE URBAN DESIGN STUDIO SOUTHSIDE SPECIFIC PLAN DESIGN ACCOUNT NUMBER 001-164-601-5402 280-199-804-5804 280-199-804-5804 210-165-695-5802 001-162-999-5248 280-199-602-5801 210-165-631-5802 210-190-137-5804 210-190-148-5804 210-2035 190-180-999-5370 210-165-601-5804 210-2035 001-161-999-5248 ITEM AMOUNT 7,800.00 2,706.00 4,510.00 7,415.10 8,700.48 6,473.24 13,951.27 29,270.85 117,450.22 14,672.11- 5,287.99 43~215.86 4,321.59- 5,720.00 PAGE 1 CHECK AMOUNT 7,800.00 7,216.00 7,415.10 8,700.48 6,473.24 13,951.27 132,048.96 5,287.99 38,894.27 5,720.00 TOTAL CHECKS 233,507.31 ITEM 4 CITY ATTORNEY DIRECTOR OF FI~Nj~NCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance April 14, 1998 City Treasurer's Report as of February 28, 1998 PREPARED BY: Tim McDermott, Assistant Finance Director William Pattison, Senior Accountant ~ RECOMMENDATION: as of February 28, 1998. That the City Council receive and file the City Treasurer's Report DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of February 28, 1998. An additional schedule is now being provided which details fund balance/equity for each separate fund. This schedule reflects the various reserves and designations of fund balance for each fund. FISCAL IMPACT: None ATTACHMENTS: 1. City Treasurer's Report as of February 28, 1998. 2. Schedule of Assets, Liabilities, and Fund Equity as of February 28, 1998. 3. Fund Equity Detail by Fund as of February 28, 1998. City of Temecula City Treasurer's Report As of February 28, 1998 Cash Activity for the Month of January Cash and Investments as of February 1, 1998 Cash Receipts Cash Disbursements Cash and Investments as of February 28, 1998 59,267,961 3,235,310 (3,744,709) 58,758,562 Cash and Investments Portfolio: Type oflnve~ment Institution Yield Contractual/ Maturity Market Date (2) Value Petty Cash General Checking Sweep Account (Money Market Account) Benefit Demand Deposits Local Agency Investment Fund Checking Accounts (Sherwood/Pujol Apartments) Deferred Compensation Fund Deferred Compensation Fund Defined Contribution Fund Trust Accounts- CFD 88-12 (Money Market Account) Trust Accounts-TCSD COPs (Money Market Account) Reserve Account-TCSD COPs (Guaranteed Investment Contract) Trust Accounts-RDA Bonds (Money Market Account) Reserve Account-RDA Bonds (Guaranteed Investment Contract) City Hall Union Bank Union Bank (Highmark U.S. Treasury) Union Bank State Treasurer Home Savings of America ICMA PEBSCO PEBSCO First Tru~(Fir~ Am. Go~) First Trust (First Am. Treasury) Bayerische Landesbank First Trust (First Am. Treasury) Bayerische Landesbank 4.690 % 5.720 % 1,500 (39,972) 73,000 3,303 39,719,459 11,118 410,556 711,089 83,477 5.250 % 6,732,759 4.990 % 17,998 6.870 % 502,690 4.990 % 9,082,665 7.400 % 1,448,920 (1)-This amount is net of outstanding checks. (2)-All investments are liquid and currently available. (3)-At February 28, 1998 total market value for the Local Agency Investment Fund (LAIF) was $30,270,027,481. The City's proportionate share of that value is $39,966,367. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. Par/Book Balance 1,500 (39,972) (1) 73,000 3,303 (1) 39,719,459 (3) 11,118 410,556 711,089 83,477 6,732,759 17,998 502,690 9,082,665 1,448,920 58,758,562 City of Temecula Schedule of Assets, Liabilities, and Fund Balances As of February 28, 1998 Community Services Redevelopment City (1) District Agency Total Assets: Cash and investments $ 40,891,522 $ 2,864,878 $ 15,002,162 $ 58,758,562 Receivables 4,001,413 135,032 1,143,788 5,280,233 Due from other funds 1,837,423 80,298 2,949,660 4,867,381 Land held for resale 2,103,053 2,103,053 Prepaid assets 180,923 180,923 Deposits 256,789 256,789 Fixed assets-net 1,017,980 1,017,980 Total assets $ 48,186,050 $ 3,080,208 $ 21,198,663 $ 72,464,921 Liabilities and fund equity: Liabilities: Dueto other funds $ 987,208 $ 930,513 $ 2,949,660 $ 4,867,381 Other liabilities 10,496,150 185,968 646,858 11,328,976 Total liabilities 11,483,358 1,116,481 3,596,518 16,196,357 Fund equity: Contributed capital 1,281,781 1,281,781 Retained earnings 813,254 813,254 Fund balances: Reserved (2) 8,232,467 985,108 7,714,354 16,931,929 Designated (3) 19,351,889 1,004,015 9,887,791 30,243,695 Undesignated 7,023,301 (25,396) 6,997,905 Total fund equity 36,702,692 1,963,727 17,602,145 56,268,564 Total liabilities and fund equity $ 48,186,050 $ 3,080,208 $ 21,198,663 $ 72,464,921 (1) Includes General Fund, CIP Fund, Gas Tax Fund, other special revenue funds, and deferred comp agency funds. (2) Includes amounts reserved for encumbrances, land held for resale, long-term notes receivable, Iow/mod housing, and debt service. (3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing appropriations. ~0 ~o o~o o ~ co 0 CO ,r- I,~ 0 O) oo~ ~ o o~ ~ ~ 0 0 §o 0 0 0 O~ C~ 0 0 0 o 0~ o~ ,~f ~ 0 CO I%) ~ z a a ~D f- LU ITEM 5 APPROVAL CITY ATTORNEY DIRECTOROF FI NAN C E"_./',,,~2~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council  )--~Joseph Kicak, Director of Public Works/City Engineer April 14, 1998 Accept Public Improvements in Parcel Map No. 24085-1 (Located Northwesterly of the Intersection of Diaz Road and Zevo Drive (Avenida de Ventas)) PREPARED BY: '~/~y Ronald J. Parks, Deputy Director of Public Works Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT the public improvements, AUTHORIZE initiation of the one-year warranty, and reduction of the Faithful Performance Securities to the ten-percent warranty amount in Parcel Map No. 24085-1, and DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On November 12, 1996, the City Council approved Parcel Map No. 24085-1 and entered into subdivision agreements with: Westside City I, LLC for the improvement of streets, and subdivision monumentation. Accompanying the subdivision agreements was Instrument of Credit issued by Scripps Bank as follows: In the amount of $289,000 ($193,000 for Faithful Performance, and $96,500 for Labor and Materials.) A cash bond in the amount of $2,000 was posted for the installation of subdivision monumentation. On January 13, 1998, the City Council authorized reduction in the Faithful Performance security amount to the maximum extent for partial reductions under the Subdivision Improvement Agreement (fifty-percent) (50%) as follows: In the amount of $96,500 for Faithful Performance. Therefore there remained the following security amount for completion of the improvements: In the amount of $96,500 for Faithful Performance r:\agd rpt\98\0414\240851.acc The Labor and Materials security amount improvements, the subsequent six-month authorizes release of this security. remains in place until City Council accepts the lien period has elapsed, and the City Council Staff has inspected and verified the public improvements. The Rancho California Water District had previously accepted their water and sewer items of work. Public Works Staff therefore recommends acceptance of the public improvements, reduction in Faithful Performance security amounts to the ten-percent warranty level, and initiation of the one-year warranty period. The Faithful Performance security will be reduced by the current action by the following amount: In the amount of $77,200 for Faithful Performance The amount retained for Faithful Performance Warranty purposes is $19,300. The subdivision monumentation security will be recommended for release following office and field confirmation that the work has been satisfactorily completed. The public streets within this development, portions of Diaz Road and Zevo Drive will be recommended for acceptance into the City Maintained-Street System at the next City Council Meeting. FISCAL IMPACT: None ATTACHMENTS: Location Map. 2 r:\agdrpt\98\0414\240851 .acc x,. \ Parcel Map No. ~408~-1 Lne. atinn Map NOT!=: MAPS NnT TO SCALF ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE..~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: PREPARED BY: City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer April 14, 1998 Right of Entry and Temporary Construction Agreement for Golden Corral Restaurant Project (PA96-0317) with Klaer Brittain General Contractor ~.. ~ Ronald J. Parks, Deputy Director of Public Works Steven W. Beswick, Project Engineer RECOMMENDATION: That the City Council approve the Right of Entry/Temporary Construction Agreement between the City of Temecula and Klaer Brittain General Contractor for the Golden Corral Restaurant Project (PA96-0317) near the intersection of Overland Drive and Jefferson Avenue, and authorize the Mayor to execute this Agreement. BACKGROUND: City staff has reviewed and approved the improvement plans for the Golden Corral Restaurant Project (PA96-0317) and the contractor has requested to use a portion of the City's property located on Jefferson Avenue and described within the attached agreement. The City has prepared an Agreement that describes the terms, conditions and responsibilities of the contractor under which the City's property will be used and maintained. The City provides an inspector to assure construction is being performed in accordance with the approved plans and specifications. When the construction is completed, the contractor will return all of the existing facilities to their original condition. The agreement has been approved as to form by the City Attorney. FISCAL IMPACT: No fiscal impact is anticipated from approving the Agreement ATTACHMENT: Right of Entry and Temporary Agreement r:\agdrpt\98\0414\Brittain.agr EXEMPT RECORDING REQUESTED BY City of Temeeula PER GOV'T CODE 6103 AND WHEN RECORDED MAIL TO City of T~m¢cula - City Clerk P O Box 9033, 43200 Business Park Dr. Tem¢cula, CA 92589-9033 RIGHT OF ENTRY AND TEMPORARY CONSTRUCTION AGREEMENT CITY OF TEMECULA Herein referred to as "City", and Klaer Brittain General Contractor Herein referred to as "Contractor". The right is hereby granted Contractor to enter upon and use the land of the City of Temecula, State of California, described as: A 25-foot width located on the southeasterly property line of Parcel 1 of Parcel Map 23830 as per map thereof on file in Book 157, Pages 100 and 101 of Parcel Maps, Records of Riverside County for all purposes necessary to facilitate and accomplish the construction of Golden Corral Restaurant PA96-0317 ~ It is understood that the Contractor may enter upon City's property where appropriate or designated for the purpose of 1) Getting equipment to and from the adjacent construction site, and 2) Using the property for temporary storage as necessary. The contractor agrees not to damage City's property in the process of performing such activities. The right to enter upon and use City's land includes the right to perform necessary grading work to join with the proposed adjacent improvements. The contractor shall remove, relocate, and replace as necessary any existing fencing disturbed by construction of the adjacent property next to the City's property. City agrees that Contractor, its agents, employees or subcontractors shall have the right to enter upon City's land for the purpose of performing the items mentioned in section 2. All existing facilities shall be left in as good condition as it is found and shall thereafter be the responsibility of City to maintain and repair. At the termination of the period of use of City's and Contractor, but before its relinquishment to City, debris generated by Contractor's use, will be removed and the surface will be graded and left in a neat condition. Contractor shall 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 the Contractor'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 City's own negligence or wrongful conduct. R :\C IP~PRO J ECTS~%V95 ~u~,v95-11\TEMPCON.AGR 10. 11. 12. 13. Contractor shall procure and maintain for the duration of this agreement liability insurance in policy amount of not less than One Million Dollars ($1,000,000) as approved by the Director of Public Works which insures the City, its officers and employees as additional insured. City hereby warrants that he is the owner of the property described above and that he has the right to grant Contractor permission to enter upon and use the land. This agreement is the result of negotiations between the parties hereto. This agreement is intended by the parties as a final expression of their understanding with respect to the matters herein and is a complete and exclusive statement of the terms and conditions thereof. This agreement shall not be changed, modified, or amended except upon the written consent of the parties hereto. This agreement supersedes any and all other prior agreements or understanding, oral or written, in connection therewith. City, his assigns and successors in interest, shall be bound by all the terms and conditions contained in this agreement, and all the parties thereto shall be joinfly and severally liable thereunder. The City reserves the right to give the contractor a two week written notice to terminate & remove equipment. R:\CIP~PRO$ ECT$~PW95~m~V95-11 \TEMPCON.AGR IN WITNESS THEREOF, these presents have executed this instrument this day of , 1998 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } SS CITY OF TEMECULA ) Print Name and Title On , before me the undersigned, a Notary Public in and for the State of California, personally appear~i personafly 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 acknowledged 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 behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ACCEPTANCE CERTIFICATE The City Council, City of Temecula hereby approves the right of entry and use of real property as set forth above. CITY OF TEMECULA ATTEST: By: Ron Roberts, Mayor BY: Susan W. Jones, CMC Acting City Clerk APPROVED AS TO FORM: BY: Peter M. Thorson, City Attorney R:\CIP\PROJ ECTS!PW95\PW95-11 ~TEMPCON .AGR ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE' CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager  Joseph Kicak, Director of Public Works/City Engineer April 14, 1998 Addendum to a Previously Certified Environmental Impact Report and Reimbursement Agreement City of Temecula and The Spanos Corporation PREPARED BY: '~-~ Ronald RECOMMENDATION: J. Parks, Deputy Director of Public Works That the City Council: 1. Adopt the Addendum to a Previously Certified Environmental Impact Report and make Findings that a Subsequent EIR or Supplemental EIR are not required; and 2. Approve the Reimbursement Agreement between the City of Temecula and The Spanos Corporation in the amount of $567,600 for the Margarita Road Widening Project between Solana Way and Overland Drive, Project No. PW97-07, and authorize the Mayor to execute the Agreement. BACKGROUND: Item number 8 of the Environment Checklist included as Attachment 1 to this Staff Report describes the project. The Addendum has also been included in the Attachment 1 and contains a recommendation for adopting the Addendum. On January 6, 1997, the Planning Commission approved Planning Application No. PA96-0270 allowing The Spanos Corporation to construct a 312 unit apartment project on the eastern side of Margarita Road between Overland Drive and Solana Way. As a condition of approval of that project the Developer was conditioned to improve the eastern side of Margarita Road along the project frontage. In addition, as a part of the Development Agreement with Forest City for construction of the Mall Project the City has agreed to fully improve Margarita Road from Winchester Road to Solana Way. The Spanos Corporation was informed of this City commitment and realized the scheduling problems that could arise from having a City contractor and their contractor trying to improve the same stretch of road at the same time. They agreed to take the lead by contracting for all the improvements for Margarita Road fronting on their project and to enter into a Reimbursement Agreement with the City to be reimbursed for the City portion of the work. This would be a benefit to the City in that the Developer would provide project management duties and be able to bid the project as a private contract as long as Prevailing Wage contractors were used. r:\agdrpt\98\0414\spanos.agr/amt ! The Spanos Corporation provided the improvement plans and engineering cost estimates used to establish the limits of the Reimbursement Agreement. It is estimated that The Spanos Corporation will be spending $660,500 to improve the eastern half of Margarita Road as shown in Exhibit A of the agreement. The City will reimburse them for the western half of Margarita Road which is estimated in Exhibit B as $422,500 plus $42,250 as a contingency fund. In addition, The Spanos Corporation has agreed to construct approximately 500 feet of the eastern half of Margarita Road south of Solana Way to complete the widening of Margarita Road. This is needed to complete the intersection of Solana Way and Margarita Road to accommodate a fully operational traffic signal at that location. The cost estimate for this work is shown in Exhibit C as $93,500 with $9,350 as a 10% contingency. A portion of the work in the amount of approximately $46,600.00 will be reimbursed to the City by Rancho California Water District for water line relocations. The City is responsible for providing the necessary right-of-way to construct 'these improvements and the land acquisition is being handled through the City Attorney's office. The Spanos Corporation is ready to begin construction as soon as the right-of-way is secured and this agreement is approved. FISCAL IMPACT: This Capital Improvement Project is being funded by Development Impact Fees. Adequate funds are available in the FY1997-98 Capital Improvement Budget Account No. 210-165-681-5804. ATTACHMENTS: 1. Environmental Checklist 2. Reimbursement Agreement r:\agdrpt\98\0414\spanos.agr/amt 2 ATTACHMENT I r:\agdrpt\98\O414\spanos, ag r/amt CITY OF TEMECULA Environmental Checklist Project Title: Environmental Assessment No. EA-047 (Addendum to Temecula Regional Center Environmental Impact Report No. 340) Lead Agency Name and Address: City of Temecula, 43200 Business Park Drive, Temecula, CA 92590 Contact Person and Phone Number: Matthew Fagan, Associate Planner (909) 694-6400 Project Location: West side of Margarita Road (north of Solana Way and south of Overland Drive), east side of Margarita Road (north of Via la Vida and south of Solana Way) and the proposed Overland Drive extension (east of Ynez Road and west of Margarita Road) Project Sponsor's Name and Address: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 General Plan Designation: CC (Community Commercial), BP (Business Park) and 0 (Professional Office) Zoning: SP (Specific Plan - Temecula Regional Center) and BP (Business Park) Description of Project: The acquisition of right-of-way for the south side of Overland Drive and the west side of Margarita Road (north of Solana Way and south of proposed Overland Drive) and the design and construction full-width roadway improvements to the west side of Margarita Road (north of Solana Way and south of Overland Drive), the east side of Margarita Road (north of Via la Vida and south of Solana Way) and the proposed Overland Drive extension (east of Ynez Road and west of Margarita Road). An Environmental Impact Report for the Temecula Regional Center Specific Plan was certified in July, 1993. A previous Addendum to the EIR was adopted in October, 1994 and incorporated technical analysis (in the Areas of traffic/circulation and dramage/flooding) into the Final EIR and integrated additional/revised mitigation measures into the Mitigation Monitoring Program. A Development Agreement was approved on the site in December, 1996 and a Development Plan was approved on the site in July, 1997. Staff conducted an Initial Environmental Study for both of these projects, using the information contained in the previously Certified EIR and Addendum as a baseline for project impact analysis. Based upon Staff's analysis of both of those projects, it was determined that they were consistent with the information contained in the previously Certified EIR and Addendum and that no further environmental analysis was required. The City Council adopted fmdings supporting these conclusions when approving both of the above referenced projects. Conditions of Approval for the Temecula Regional Center Specific Plan (SP 263) and Mitigation Measures contained in the Temecula Regional Center Specific Plan Environmental Impact Report (EIR R:\CEQA\47EA.95 4/2/98 mf i 10. 340) call for projects developing m the Temecula Regional Center Specific Plan area to be responsible for the design and construction of full-width roadway improvements to project perimeter roads, including Margarita and Overland Drive. The EIR did not specifically address the environmental impacts from the acquisition of the right-of-way for these road or the physical construction of the roads. This Addendum, which consists of the Initial Environmental Study and the Explanation of Checklist Judgements, will clarify the intent of the EIR and apply the appropriate mitigation measures contained in the adopted Mitigation Monitoring Program to the current component of the project. Pursuant to Section 15164 of the CEQA Guidelines, the City, acting as the lead agency, shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section calling for the preparation of a subsequent EIR have occurred. Section 15162 of the CEQA Guidelines states that no additional EIR is required unless additional impacts not previously considered, or substantial increases in the severity of impacts, may result from: substantial changes in the circumstances under which the project is undertaken, or new information that could not have been known at the time the EIR was prepared. It is staWs determination that these conditions have not occurred and that an Addendum is appropriate because only minor technical changes or additions to the previously certified EIR and Addendum are necessary. As stated above, the Temecula Regional Center Specific Plan Environmental Impact Report (EIR 340) call for projects developing in the Temecula Regional Center Specific Plan area be responsible for the design and construction of full- width roadway improvements perimeter roads, including Margarita Road and Overland Drive. The EIR does not specifically address the environmental impacts from the acquisition of the fight-of-way for these road or the physical construction of the roads. This Initial Environmental Study (IES) is tiered from the EIR for the Regional Center Specific Plan (EIRNo. 340) certified in 1993 and the EIR Addendum adopted in 1994. Additional information was utilized from the following sources: the IES and Traffic Analysis prepared for Planning Application No. PA98-0118 (Development Plan) and Conditions of Approval for Specific Plan No. 263 (Temecula Regional Center Specific Plan). Only those impacts in excess of the previously certified EIR and Addendum will be addressed in this IES. Surrounding Land Uses and Setting: Multi-family residential to the south, vacant and multi-family residential (under construction) to the east, Palm Plaza (Commercial Center) and ACS (manufacturing and office) to the west and vacant (proposed regional mall) to the north. Other public agencies whose approval is required: None. R:\CEQA\4TEA.9g 4/2/98 mf 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The enviromental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Land Use and Planning [ ] Hazards [ ] Population and Housing [ ] Noise [ ] Geologic Problems [ ] Public Services [ ] Water [ ] Utilities and Service Systems [ ] Air Quality [ ] Aesthetics [ ] Transportation/Circulation [ ] Cultural Resources [ ] Biological Resources [ ] Recreation [ ] Energy and Mineral Resources [ ] Mandatory Findings of Significance IX] None DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant on the environment, that none of the conditions described in Public Resources Code Section 21166 and CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred; however, minor additions are required to the previously Certified EIRNo. 340 (certified July, 1993) and the EIR Addendum (adopted October, 1994) to more clearly identify and address the specific impacts from this project and an Addendum be prepared pursuant to Section 15164 of the CEQA Guidelines. Staff recommends the City Council Make a Determination of Consistency With a Project for Which an Environmental Impact Report (EIR) was Previously Certified and Findings that a Subsequent EIR is not required and Adopt the Addendum. Signature Printed Name Date R:\CEQA\47EA.98 4/2/98 mf 3 ISSUES AND SUPPORTING INFORMATION SOURCES 1. LAND USE AND PLANNING. Would the proposal: a. Conflict with general plan desi~ation or zoning? b. Conflict with applicable environmental plans or policies adopted by al~ncies with jurisdiction over the project? c. Be incompatible with existing land use in the vicinity? d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts f~om incompatible land uses? e. Disrupt or divide the physical arrangement of an established community (including low-income or minority community)? 2. POPU-I~TION AND HOUSING. Would be proposal: a. Cumulatively exceed official regional or local population projects? b. Induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infraslructure)? c. Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS, Would the proposal r~sult in or expose people to potential impacts involving? a. Fault rapture? b. Seismic ground shaking? ¢. Seismic grounci failure, including liqu~action? d. Seiche, tsunami, or volcanic hazard? e. Landslides or mudflows? £ Erosion, ¢lianges in topography or unstable soil conditions fi:om excavation, grading or fill? g. Subsidence of the land? b. Expansive soils? i. Unique geologic or physical £¢at~res7 Potentially Significant [] [] [] [] [] [] [1 [1 [1 [] [1 [] [] [1 [] [] [] Potentiany [] [] [] [] [] [] [] [] [] [] [] [] [] [1 [] [] [] $i~t, nificant [] [] [] [] [] [] [] [] [] [] [1 [] [] [1 [] [] [] No Pq R:\CEQA\47EA.9g 3/31/98 mf 4 ISSUES AND SUPPORTING INFORMATION SOURCES 4. WATER. Would the proposal result in: a. Changes in absorption rates, drainage patterns, or the rate and mount of surface runoff? b. Exposure of people or property to water related hazards such as flooding? c. Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? d. Changes in the amount of surface water in any water body? e. Changes in currents, or the course or direction of water movements? f. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g. Altered direction or rate of flow of groundwater? h. Impacts to groundwater quality? i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? 5. AIR QUAIATY. Would the prol~nal: a. Violate any air quality standard or contribute to an existing or projected air quality violation? b. Expose sensitive receptors to pollutants? c. Alter air movement, moisture or temperature, or cause any change in climate? d. Create objectionable odors? 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a. Increase vehicle trips or traffic congestion? Potentially [] [] [] [] [] [] [] [] [] [] [] [] [] [] Pote~Jtially Signifi~mt Unless Mitigation Incorporated [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] No R:\CEQA\47EA.9g 3/31/9g mf 5 ISSUES AND SUPPORTING INFORMATION SOURCES b. Hazards to safety from design features (e.g. sharp cutwes or dangerous intersection or incompatible uses)? c. Inadequate emergency access or access to nearby uses? d. Insufficient parking capacity on-site or off-site? e. Hazards or barriers for pedestrians or bicyclists? f. Conflicts with adopted policies supporting alternative transportation (e.g. bus ramouts, bicycle racks)? g. Rail, waterborne or air traffic impacts? 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds)7 b. Locally designated species (e.g. heritage trees)? c. Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? d. Wetland habitat (e.g. marsh, ripman and vernal pool)? e. Wildlife dispersal or migration coredors? 8. ENERGY ~ MINERAL RESOIJRCE$. Would the proposal: a. Conflict with adopted energy conservation plans? b. Use non-renewal resources in a wasteful and inefficient manner7 c. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 9. HIZ~RD$. Would the proposal involve: a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiation)? Potentially [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Potentially Significaat Unless Mitigation [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] No R:\CEQA\47EA. gg 3/31/9g mf 6 ISSUES AND SUPPORTING INFORMATION SOURCES 10. 11. 12. b. Possible interference with an emergency response plan or emergency evacuation plan? c. The creation of any health hazard or potential health hazard? d. Exposure of people to existing sources of potential health hazards? e. Increase fire hazard in areas with flammable brush, grass, or trees? NOISE. Would the p~oposal result in: a. Increase in existing noise levels? b. Exposure of people to severe noise levels? PUBLIC SERVICES. Would the p~oposal have an effect upon, or mull in a need for new or altered government services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Maintenance of public facilities, including roads? e. Other governmental services? UTILITIES AND SERVICE SYSTEMS. Would the pl~posal result in a need for new systems or supplies, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Local or regional water treatment or distribution facilities? d. Sewer or septic taxiks? e. Storm water drainage? f. Solid waste disposal? Potentially Significaat [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] Potentially Significant Unl~ Mitigation Incorporated [] [1 [] [] [] [] [] [] [] [] [] [] [] [] [1 [] [l [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] No R:\CEQA\47EA.9g 3/31/98 mf 7 ISSUES AND SUPPORTING INFORMATION SOURCES Potentially Potentially Significant Unle~.s Mitigation ln~a-~ted No g. Local or regional water supplies? [ ] 13. AESTHETICS. Would the proposal: a. Affect a scenic vista or scenic highway? [ ] b. Have a demonstrable negative aesthetic effect? [ ] c. Create light or glare? [ ] 14. CULTURAL RESOURCES. Would the proposal: a. Disturb paleontological resources? [ ] b. Disturb archaeological resources? [ ] c. Affect historical resources? [ ] d. Have the potential to cause a physical change which would affect unique ethnic cultural values? [ ] e. Restrict existing religious or sacred uses within the potential impact area? [ ] 15. RECREATION. Would the proposal: a. Increase the demand for neighborhood or regional parks or other recreational facilities? [ ] b. Affect existing recreational opportunities? [ ] 16.MANDATORY FINBINGS OF SIGNIFICANCE. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below serf-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? [ ] b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? [ ] c. Does the project have impacts that area individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a [] [] [] [1 [] [] [1 [] [] [1 [] [] [] [] [1 [] [1 [] [] [] [] [] [] [] [] [] R:\CEQA\47EA.98 3/31/98 mf 8 project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? [] [] [] [~ 17. EARLII~R ANALYSES. Earlier analyses used: This Imtial Environmental Study (IES) is tiered from the EIR for the Regional Center Specific Plan (EIR No. 340) certified in 1993 and the EIR Addendum adopted in 1994. Additional information was utilized from the following sources: the IES and Traffic Analysis prepared for Planning Application No. PA98-0118 (Development Plan) and Conditions of Approval for Specific Plan No. 263 (Temecula Regional Center Specific Plan). R:\CEQA\47EA. g8 3/31/98 rot' 9 EXPLANATION OF CHECKLIST JUDGEMENTS The following checklist judgements list the level of impact anticipated from the proposed project. These judgements are made against the baseline of the adopted Specific Plan with its required mitigation. The checklist judgements address the question of whether the proposed project would result in additional impacts, not previously addressed in the 1993 EIR and the 1994 EIR Addendum. 1. Land Use Planning The analysis contained in the IES determined that the proposed project will not result in additional impacts which would conflict with general plan designation or zoning, conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project, be incompatible with existing land use in the vicinity, affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses or disrupt or divide the physical arrangement of an established community (including low-income or minority community) not previously addressed in the 1993 EIR and the 1994 EIR Addendum. 2. Population and Housing The 1993 EIR did not identify any significant population and housing impacts. The analysis contained in the IES determined that the proposed project will not result in additional impacts which would: cumulatively exceed official regional or local population projects, induce substantial growth in an area either directly or indirectly (e.g. through project in an undeveloped area or extension of major infrastructure), or displace existing housing, especially affordable housing. 3. Geologic Problems The 1993 EIR indicated that based upon the mitigation measures proposed for the project, the level of impacts related to Geologic Problems (Soils, Ground Rupture, Ground Surface Cracking, Liquefaction, Seismically Induced Flooding, Topography, Groundwater, Slope Stability and Wind Erosion) have been reduced to an insignificant level (Pages V-17, V-24 and V-25). The analysis contained in the IES determined that the project would not result in or expose people to potential impacts involving the following: fault rupture, seismic ground shaking, seismic ground failure, including liquefaction, seiche, tsunami, or volcanic hazard, landslides or mudflows, erosion, changes in topography or unstable soil conditions from excavation, grading or fill, subsidence of the land, expansive soils or unique geologic or physical features. 4. Water The 1993 EIR indicated that based upon the mitigation measures proposed for the project, the level of impacts related to Water (Water Quality and Flooding) have been reduced to an insignificant level (Pages V-30, and V-58). The 1994 EIR Addendum further elaborated upon the impacts from the project and additional/revised Mitigation Measures required. The analysis contained in the IES determined that the proposed project will not result in additional impacts which would: changes in absorption rates, drainage patterns, or the rate and mount of surface runoff, exposure of people or R:\CEQA~47EA.98 3f31/98 mf 10 property to water related hazards such as flooding, discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity), changes in the amount of surface water in any water body, changes in currents, or the course or direction of water movements, change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability, altered direction or rate of flow of groundwater, impacts to groundwater quality or substantial reduction in the amount of groundwater otherwise available for public water supplies. 5. Air Quality The 1993 EIR identified Air Quality as impacted in an unavoidable significant adverse way by the certification of the EIR and the adoption of the Specific Plan. Although impacts to air quality will occur during the grading and construction phase of the project, the major impact to air quality will come from vehicle exhaust after build out of the project. Mitigation measures have been added to the project to lessen the impacts to the air quality. While measures provide feasible mitigations for the increased traffic, the impact to air quality will still be significant. The total number of vehicle trips generated from the project and surrounding projects cannot be reduced sufficiently to enable the impact to be considered insignificant. The City Council addressed these unavoidable impacts in the Findings of Overriding Consideration associated with the certification of the EIR. The analysis contained in the IES determined that the proposed project will not result in additional impacts which would: violate any air quality standard or contribute to an existing or projected air quality violation, expose sensitive receptors to pollutants, alter air movement, moisture or temperature, or cause any change in climate or create objectionable odors. 6. Transportation/Circulation The 1993 EIR indicated that based upon the mitigation measures proposed for the project, the level of impacts related to Circulation and Traffic have been reduced to an insignificant level (Page V-117). This project impacts beth on and off-site roadways. The size of the project generates sufficient traffic to require the project to comply with the State Congestion Management Program. The circulation pattern connects with proposed roadways that run through the City of Murdeta and the County of Riverside. The Traffic Study included in the technical appendix of the EIK details the impacts to the circulation system of all three jurisdictions. The analysis contains mitigation measures and timing requirements for the completion of the improvements. These mitigations have been included in the Mitigation Monitoring Program and the Conditions of Approval for the project. Cumulative unavoidable significant impacts were identified from the development of Specific Plan No. 255 and Specific Plan No. 1 concurrently with Specific Plan No. 263. The impacts will be lessened by adherence to the Conditions of Approval and mitigation measures. The City Council addressed this unavoidable impact in the Findings of Overriding Consideration associated with the certification of the EIR. The 1994 EIR Addendum further elaborated upon the impacts from the project and additional/revised Mitigation Measures required. The analysis contained in the IES determined that the proposed project will not result in additional impacts which would: an increase vehicle trips or traffic congestion, hazards to safety from design features (e.g. sharp curves or dangerous intersection or incompatible uses), inadequate emergency access or access to nearby uses, insufficient parking capacity on-site or off-site, hazards or barriers for pedestrians or bicyclists, conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks) or rail, waterborne or air traffic impacts. 7. Biological Resources The 1993 EIR indicated that based upon the mitigation measures proposed for the project, the level of impacts related to Wildlife/Vegetation have been reduced to an insignificant level (Page V-83). Although the site is not habitat for any rare or endangered species, the loss of the habitat will add to the cumulative loss of wildlife habitat in the area. This cumulative loss is considered significant even though the individual project impact is not considered significant. The City Council addressed this unavoidable cumulative impact in the Findings of Overriding Consideration associated with the certification of the EIR. The analysis contained in the IES determined that the proposed project will not result in additional impacts which would: endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals and birds), locally designated species (e.g. heritage trees), locally designated natural communities (e.g. oak forest, coastal habitat, etc.), wetland habitat (e.g. marsh, riparian and vernal pool) or wildlife dispersal or migration corridors. 8. Energy and Mineral Resources The 1993 EIR indicated that based upon the mitigation measures proposed for the project, the level of impacts related to Energy and lVfmeral Resources have been reduced to an insignificant level (Page V-85). The analysis contained in the IES determined that the proposed project will not result in additional impacts which would: conflict with adopted energy conservation plans, use non-renewal resources in a wasteful and inefficient manner or result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State. 9. H~a~s The 1993 EIR indicated that based upon the mitigation measures proposed for the project, the level of impacts related to Hazards (Toxic Substances, Page V-62 and Disaster Preparation, Page V-151) have been reduced to an insignificant level (Page V-85). The analysis contained in the IES determined that the proposed project will not result in additional impacts which would: a risk of accidental explosion or release ofbaTardous substances (including, but not limited to: oil, pesticides, chemical or radiation), possible interference with an emergency response plan or emergency evacuation plan, the creation of any health hazard or potential health hazard, exposure of people to existing sources of potential health hazards or an increase to fire hazard in areas with flammable brush, grass, or trees. 10. Noise The 1993 EIR identified Noise as a significant adverse impact. Noise impacts will occur during grading and construction of the project, although the major impact to noise will be from the cumulative effect of increased traffic on the roadways from this project and additional development in the area. Impacts during construction will be lessened by controlling the time construction activities are allowed to take place. Even after implementation of feasible mitigation measures, the 3~:xc~^wmA.98 :m~/~s ~ 12 cumulative noise impact cannot be mitigated to a level of insignificance. The City Council addressed this unavoidable cumulative impact in the Findings of Overriding Consideration associated with the certification of the ElK The analysis contained in the IES determined that the proposed project will not result in additional impacts which would result in: an increase in existing noise levels or exposure of people to severe noise levels. 11. Public Services The 1993 EIR indicated that based upon the mitigation measures proposed for the project, the level of impacts related to Public Services (Fire Service, Page V-125; Police Protection - Page V-126; Schools, Page V-130 and Libraries, Page V -145) have been reduced to an insignificant level. Cumulative unavoidable significant impacts were identified from the development of Specific Plan No. 255 and Specific Plan No. 1 concurrently with Specific Plan No. 263, in the areas of Public Services (Fire Protection Services, Police Protection Services, Schools, and Libraries). The City Council addressed this unavoidable cumulative impact in the Findings of Overriding Consideration associated with the certification of the EIR. The analysis contained in the IES determined that the proposed project will not result in additional impacts to: fire protection, police protection, schools, maintenance of public facilities, including roads or other governmental services. 12. Utilities and Service Systems The 1993 EIR indicated that based upon the mitigation measures proposed for the project, the level of impacts related to Utilities and Service Systems (Water and Sewer, Page V-122; Utilities, Page V-137; and Solid Waste, Page V-143) have been reduced to an insignificant level. Cumulative unavoidable significant impacts were identified from the development of Specific Plan No. 255 and Specific Plan No. 1 concurrently with Specific Plan No. 263, in the areas of Public Services (Water and Sewer and Utilities). The City Council addressed this unavoidable cumulative impact in the Findings of Overriding Consideration associated with the certification of the EIR. The analysis contained in the IES determined that the proposed project will not result in additional impacts to the following: power or natural gas, communications systems, local or regional water treatment or distribution facilities, sewer or septic tanks, storm water drainage, solid waste disposal or local or regional water supplies. 13. Aesthetics The 1993 EIR indicated that based upon the mitigation measures proposed for the project, the level of impacts related to Aesthetics (Scenic Highways, Page V-88 and Light and Glare, Page V-149) have been reduced to an insignificant level. The analysis contained in the IES determined that the proposed project will not result in additional impacts which would: affect a scenic vista or scenic highway, have a demonstrable negative aesthetic effect or create light or glare. 14. Cultural Resources The 1993 EIR indicated no cultural resources are anticipated to occur on the site (EIR No. 340, Appendix D, Technical Appendices). Adherence to the paleontologists mitigation program and the R:X~EQA\4TEA.98 3/31/9Z mf 13 conditions of approval will reduce the potential impact to a level of non-significance (Cultural and Sdentific Resources, Page V-92). Cumulative unavoidable significant impacts were identified from the development of Specific Plan No. 255 and Specific Plan No. 1 concurrently with Specific Plan No. 263, in the areas of Public Services (Water and Sewer and Utilities). The City Council addressed this unavoidable cumulative impact in the Findings of Overriding Consideration associated with the certification of the EIK The analysis contained in the IES determined that the proposed project will not result in additional impacts which would: disturb paleontological resources, disturb archaeological resources, affect historical resources, have the potential to cause a physical change which would affect unique ethnic cultural values or restrict existing religious or sacred uses within the potential impact area. IS. Recreation The 1993 EIR indicated that based upon the mitigation measures proposed for the project, the level of impacts related to Recreation (Open Space and Conversation, Page V-69 and Parks and Recreation, Page V-132) have been reduced toan insignificant level. The analysis contained in the IES detemfined that the proposed project will not result in additional impacts which would: increase the demand for neighborhood or regional parks or other recreational facilities or affect existing recreational opportunities. R:~'~EQA~47EA.9~ 3/3i/9g mf 14 ATTACHMENT 2 r:\agdrpt\98\0414\spanos.agr/amt CITY OF TEMECULA OO~ PARKI,AND / LANDSCAPE IMPROVEMENT AGREEMENT DATE OF AGI~I~.h-WIENT: NAME OF SUBDIVIDER: NAME OF SUBDIVISION: NEWLAND ASSOCIATES, INC. (Referred to as "SUBDIVIDER") PASE0 DEL SOL (Referred to as "SUBDIVIDER") TRACTNO.: 24184, 24185-1 and 24185-2 TENTATIVE MAP RF. SOLUTION OF APPROVAL NO.: Specific Plan No. 219 (Referred to as "Resolution of Approval") PARKLAND IMPROVEMENT PLANS NO.: DePortola Road Median Islands (Referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS: $ 75,274.90 COMPLETION DATE: 6 / 1 / 98 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: The American Insurance C.~mpany NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: Tt,e American Insurance Company NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: File: R:\B\CONTRACTS\LNDSCAPE.AGR 1 This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the fitling, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the f'ding, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement File: R:\B\CONTRACTS\LNDSCAPE.AGR 2 by Paztdan~mping Improvement Security required by the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on f'fie in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial fights upon SUBDIVIDER, including the fight to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDMSION. As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform File: R:\I~'~CO NTRACTS\LNDSCAPE.AGR 3 its obligations under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Parkland/I. amdscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, 1IqEREFORE, in consideration of the approval and recordation by the City Council of the f'mal map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows; 1. SUBDIVIDER'S Obligations to Construct Parkland/Landscape Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement Work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: c. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. d. Except for easements or other interests in real property to be dedicated to the homeowners association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements File: R:'~B\CO NTRACTS\LNDSCAPE.AGR 4' and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance File: R:\B'~CO NTRACTS\LN DSCAPE.AGR 5 of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/landscape Improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50 % of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on f'de with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be fried with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon f'fling of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10 % File: R:\B\CONTRACTS\LNDSCAPI[.AGR 6 of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a f'mal inspection by the Director of Community Services, or the Director of Community File: R:\B\CO NTRACTS\LNDSC APE.AG R 7 Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community Services shall certify the completion of the Parkland/Landscape Improvements to the Board of Directors. h. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be f'mally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. certification. 6. Release of Securities. SUBDIVIDER shall bear all costs of inspection and Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; File: R:\B\CO NTRACTS\LNDSCAPE.AGR 8 provided, however, that no such release shall be for an amount less that 25 % of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50 % of the total Landscape/Parkland Improvement Security given for faithful performance until expiration of the maintenance period and f'mal completion and acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims fred during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and File: R:\B~C 0 NTRACTS\LNDSCAPE.AGR 9 improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacment or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER"S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDF. R. a. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely complete construction of the File: R:[B\CO NTRACTS\LN DSC APE.AG R 10 Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure any defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER's failure to perform any other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER Fil~: R:\B'~CONTRACTS\LNDSCAPE.AGR 1 1 authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDF_.R and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the fidhag by CITY of a notice of violation against all the lots in the SUBDMSION, or to rescind the approval or otherwise revert the SUBDMSION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to File: R:\B\CO NTRACTS\LNDSCAPE.AG R 12 a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after expiration of the maintenance period and f'mal acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after City acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulf'fil any of the requirements of this Agreement or the Parkland/l_atndscape Improvement Plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. I1. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. File: R:~B\CONTRACTS\LNDSCAPE,AGR 13 12. Injury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall File: R:\B~CONTRACTS\LNDSCAPE.AGR 1 '~' act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shah not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and Agreement to hold hamless shah extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement PIans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the File: R:\B\CONTRACTS\LNDSCAPE.AGR 1 .~ construction. paragraph. 18. particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or The improvement security shall not be required to cover the provision of this Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. 20. Time of the Essence. Time is of the essence of this Agreement. Time for Completion of Work Extensions. SUBDIVIDER shall complete File: R:~B\CONTRACTS\LNDSCAPE,AGR 16 construction of the improvements required by this Agreement no later than · In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the Director of Community Services. 21. No Vestirlg of Rights. Performance by SUBDMDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be File: R:'~B\CONTRACTS\LNDSCAPE.AGR 17 in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is flied with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Notice to SUBDIVIDER: 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. only Captions. and shah not def'me, explain, modify, limit, exemplify, construction or meaning of any provisions of this Agreement. 25. l.itigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. The captions of this Agreement are for convenience and reference or aid in the interpretation, File: R:\B\CONTRACTS\LNDSCAPE.AGR 18 26. into the terms of this agreement. 27. l~.ntire Agreement. The recitals to this agreement are hereby incorporated Incorporation of Recitals. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. ¢ile: R:\8\CO NTRACTS\LNDSC APE.AGR ] 9 IN WITNESS ~OF, this Agreement is executed by CITY, by and through its Mayor. NEWLAND~SOCIATES, IN~ Name: ~'~ ~. ~a~-s Title: P~mo~r & c.o.o. Title: .~x~m~ CITY OF TEMECULA By: Mayor (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: By: City Clerk RECOMMENDED FOR APPROVAL: By: Name: City Engineer By: Name: Director of Community Services APPROVED AS TO FORM: By: Peter Thorson City Attorney F~e: R:~B~C O NTFL~CT S~LN D $C APE.AG R 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On March 25, 1998 before me, Dolores A. VMle, Not, sty P.hli~. , Date Name and T, tle o[ Officer (e.g., 'Jane Doe, Notary Public") personally appeared LaDonna K. Mortsees and Derek C. Thomas , Name(s) of Signer(s) ~personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Js/are 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/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. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Paseo del Sol Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Derek C. Thomas Signer's Name: Signer's Name: LaDonna K. Monsees © Individual [] Corporate Officer Title(s): ~ Partner--~ Limited ~ General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited ~ General ~ Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: Newland Associates Inc. a. Cali¢orni~t corporation Signer Is Representing: Newland Associates, Inc. © 1995 National Notary Association · 8236 Remmet Ave., RO. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ~X~'IBIT A (Attach the basis for the estimate of the cost of improvements.) File: R:\B\CONTRACTS\LNOSCAPE.AGR 2 ! ,Paseo Del Sol Estimated Landscape Costs Tract 24t 84, 24185-1,2 JANUARY 28,1gg8 DE PORTOLA ROAD MEDIAN ISLANDS Landscape Items Planting Landscape Green Fine/Finish Grade & Prep Auto I~igation Ground Cover (FLAT) Shrubs Trees IS" Coal ....... ~antiLy 'U~it 19,076 SF 19,tT/6 SF 494 EA '3394 EA 91 EA Unit Cost Total Cost $0.15 $2,861.40 51.30 $28,614.00 S10.:25 $5,063.50 Subtotal $36,538.90 $9.00 S30,546.00 Subtotal $30,546.00 $90.00 $8,t9.0.00 Subtotal $8,190.00 Subtotal Landscape items Project Grand Total $75,274.90 $75,274.90 CITY OF BOND NO. PREMIUM: 111 4164 0356 $903.00 P.~P-K~/L.M'qDSCAPE FAITHI=UL pEILFORM. ANCE BOND ~~S, the City of Temecula, State of C~lifornia, and Newland Associates, Inc. (hereinafter designated as "Principal") have entered into an Ag'reement whereby Principal agnes to install and complete cert~i- parkland Improvements, which said Agreement, dated 19__, and identified as Project Tract 24184, 24185-1 & -2 DePortola Road Median Islands ~ is hereby referred to and made a pan hereof; and WI-IwREAS, Principal is required under the terms of the Agramerit to furniah a bond for the Faithful Performance of the Ag-reement; THE AMERICAN NOW, 'I'I--r'~FFORE, we the Principal and II~SUl~I~CE C01~Al~ aS surety, a~ held and frorely bound unto the City. of Temecula, C~llt'omia, in the penal sum of $ 75,274.90 lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and adroinistmtors, jointly and sex, emily. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, hii or its hei2~, executors, adrnini~trators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants. conditions. and provisions in the Agreemen~ and any alteratio~ thereof made as the,-~in provided, on his or their part, to be kept and performed at the time and in the m~nner therein specified. and in all respects according to his or their true intent and me:ming, and shall indemnify. mud save harmless the City. of Temecula, its officers. agents, and employees, as therein stipulated: otherwise, this obligation shall be mud remain in full force and effect. As a pan of the obligation secured hereby and in addition to the face amount therefor, there shall be included costs and reasonable expenses and fees, including reasonable amorney's fees, incurred by Cim/in successfully enforcing such obligation, all to be taxed costs and included in any judgement rendered. The surety hereby stipulates and ag'rees that no change, extension of time, alteration or addition to the terms of the Ag'r~ment or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additiom to the terms of the Ag'reement or the work or to the specif'lcations. /// /// /// /// /// /// /// /// /// /// /// /// REIMBURSEMENT AGREEMENT MARGARITA ROAD WIDENING PROJECT BETWEEN SOLANA WAY & OVERLAND DRIVE BETWEEN CITY OF TEMECULA AND THE SPANOS CORPORATION THIS AGREEMENT is made and entered into as of April 14, 1998, between the City of Temecula, a municipal corporation, hereinafter referred to as the "CITY" and THE SPANOS CORPORATION, a California Corporation, hereinafter referred to as "DEVELOPER". In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: SECTION I. Recitals. This Agreement is made with respect to the following facts and purposes, which each of the parties hereto agree are true and correct: On January 6, 1997, the Planning Commission of the City of Temecula approved the Planning Application No. PA96-0270 allowing Developer to construct a 312- unit apartment complex with recreation amenities on 18.7 acres on the eastern side of Margarita Road between Overland Drive and Solana Way ("Development"); Condition 60.a of the Conditions of Approval of PA 96-0270 provides that prior to issuance of building permits the Developer is required to install certain roadway improvements on the eastern side of Margarita Road between Overland Drive and Solana Way adjacent to the Development as specified in Exhibit A; ¢. Developer is ready to begin construction of the Development; City is ready to construct certain improvements to the western side of Margarita Road between Overland Drive and Solana Way as described on Exhibit B; The construction of all the improvements to Margarita Road described in Exhibits A and B (The "Improvements") will need to be constructed simultaneously in order to meet the requirements of the Developer and the City and undertaking the construction of the Improvements in one coordinated effort as described in this Agreement will alleviate conflicts between different contractors working in the same area, duplication of efforts by contractors, and substantial cost savings for both City and Developer and, therefore, it is uneconomical and impractical for the City to bid the work separately from the Developer; and The parties now desire to set forth the terms of the City's reimbursement of the costs of a portion of the roadway improvements to Margarita Road between Overland Drive and Solana Way. 1 R:\agmts~spano!98.agr SECTION II. Construction of Improvements. Developer shall construct and install all of the improvements described in Exhibits A, B and C in accordance with plans and specifications approved by the Director of Public Works (the "Director") and subject to the terms of this Agreement. SECTION III. Allocation of Costs of Improvements. CITY shall reimburse THE DEVELOPER for one hundred percent (100%) of the costs (hereinafter referred to as "REIMBURSEMENT"), the relocation of utilities, curb, gutter, sidewalk, street lights, median construction, and street widening of the west side of Margarita Road between Solana Way and Overland Drive within the PROJECT as described on Exhibit B and for the extension of storm drainage facilities, relocation of utilities, sidewalk, curb, gutter, street lights and street widening for the east side of Margarita Road between Via La Veta and Solana Way as described on Exhibit C. CITY shall maintain as a contingency an amount equal to ten percent (10%) of the total estimated costs of the improvements to account for unforeseen change orders. Prior to the approval of any change orders associated with the construction of these facilities, DEVELOPER shall obtain approval from CITY before authorizing CONTRACTOR to proceed. DEVELOPER shall make payment to CONTRACTOR for work performed. In the event a change orders is submitted based on unforeseen conditions at a location on the job site, the party who has responsibility for that portion of the Improvements shall be responsible for paying the additional costs of the change order. Actual costs shall be identified and billed to CITY for payment on the following basis: Monthly billings shall be submitted to CITY showing the actual quantities work completed times the unit price for the items of work. Ninety percent (90%) of the REIMBURSEMENT shall be due and payable to DEVELOPER THIRTY (30) days after CITY receives the invoice and verifies the completed quantities. The remaining ten percent (10%) REIMBURSEMENT to DEVELOPER by CITY shall be due and payable within thirty (30) days after the entire PROJECT is accepted as complete by CITY. The Developer's administrative and preconstruction costs incurred in managing the Project, reviewing and approving the plans, preparing specifications and bid documents, soliciting bids, negotiating contracts, and administrating the work is difficult to accurately determine. Therefore, the City agrees to reimburse the Developer for his overhead an amount equal to 5% of each monthly draw. SECTION IV. City Obligations. In order to implement the construction of the Improvements pursuant to this Agreement, City shall: Obtain possession all of necessary rights of way necessary for the construction of the improvements on the western half of Margarita Road; b. Design the improvements for the western half of Margarita Road; Integrate the Developer's design of the improvements for the eastern half of Margarita Road into a comprehensive set of plans and specifications for the entire project using the terms and requirements of the City's standard public works plans, specifications and contracts terms; Obtain all necessary permits for the Improvements from the applicable public agencies; 2 R:\agrnts~panos98 .agr Pay to the Developer the sum specified in Section III. in accordance with the agreed upon schedule. Designate a representative of the City to regularly meet with the representatives of Developer and Developer's contractor to coordinate construction activities and monitor progress of construction. Section V. Developer Obligations. Improvements, Developer shall: In order to coordinate the construction of the Provide City with its completed plans and specifications for the construction of the Improvements on the eastern side of Margarita Road; Construct and install the Improvement in accordance with the plans and specifications approved by the Director of Public Works; Obtain the bids of not less than three qualified bidders, as approved by the Director of Public Works in advance of bidding, and award the construction contract to the lowest bidder; d. Supervise and manage the construction of the improvements; Require the contractor provide the proper insurance as required by the City and to pay prevailing wages for the work in accordance with Labor Code Section 1770 et seq.; Designate a representative of the Developer to regularly meet with the representatives of the City and Developer's contractor to coordinate construction activities and monitor progress of construction; and go Allow representatives of the City, if needed, to review and copy all books, records, reports and correspondence to or from contractors, subcontractors and other persons relating to the construction and installation of the Improvements. SECTION Vl. Inspection. CITY shall provide and pay for inspection of all REIMBURSEMENT Improvements within the PROJECT. DEVELOPER shall pay the required inspection fees and CITY will provide inspection for improvements to Margarita Road and Solana Way as conditioned for their development and that are not reimbursable. SECTION VII. Notices. Any payments or 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 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: CITY: City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92590 Attn: Ronald J. Parks, Deputy Director of Public Works 3 R:\agmts~panos9B.egr DEVELOPER: THE SPANOS CORPORATION 5029 La Mart Dr., Suite A2 Riverside, CA 92507 Attn: Jack Sorenson, Project Manager 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. SECTION VIII: Applicable Law. The City and Developer 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. SECTION IX: Litigation. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event litigation is filed by one or more of the parties to this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney fees and litigation expenses as determined by the Court. SECTION X: Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties relating to apportionment and reimbursement of the costs of the Improvements. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, relating to the reimbursement for the costs of the Improvements 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. SECTION XI: Indemnification. Each party shall defend, indemnify, protect and hold harmless the other party, 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 indemnified party, 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 other party'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 indemnified party's own negligence or wrongful conduct. SECTION Xll. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Developer and City each warrants and represents that he or she has the authority to execute this Agreement on behalf of the Developer or City, as applicable, and has the authority to bind Developer or City, as applicable, to the performance of its obligations hereunder. SECTION Xlll. Exhibits. The following exhibits are attached to this Agreement and each is incorporated into this Agreement as though set forth in full: Exhibit A. Roadway Improvements to Eastern Portion of Margarita Road to be constructed by Developer Pursuant to Condition 60.a of Planning Application No. PA96- 0270. Exhibit B. Roadway Improvements to Western Portion of Margarita Road to be constructed by the Developer and reimbursed by City. Exhibit C. Roadway Improvements to the East side of Margarita Road Between Via La Vida and Solana Way to be constructed by the Developer and reimbursed by City. 4 R:\agmt$~spanos98 .agr IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Ron Roberts, Mayor Susan W. Jones, CMC, Acting City Clerk Approved As to Form: Peter M. Thorson, City Attorney DEVELOPER THE SPANOS CORPORATION By: Name: Title: By: Name: Title: R:\agrnts~panos98 .egr EXHIBIT A FOR ESTIMATE ONLY NO BONDING REQUIRED CITY OF TEMECULA ENGINEERING DEPARTMENT CONSTRUCTION SECURITY WORKSHEET PARCEL MAP OR TRACT MAP Solana Ridge Apartments (PA96-0270) Margarita Road Improvements (Spanos) DATE 01/27/98 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY (100% of Estimated Construction Cost (50% of Estimated Construction Costs) Streets/Drainage $660,500.00 Flood Control Water Sewer Total $660,500.00 Maintenance Retention (10%) $66,050.00 $306,500.00 DESIGN ENGINEERS OPINION OF CONSTRUCTION SECURITY The construction items and their quantities as shown on the attached worksheet are accurate for the construction of the improvements required or implied to fulfill the Conditions of Approval for this project. The mathematical extensions, using the City of Temecula's Unit Costs, are accurate for determining Bond Amounts and Fe~e.~ I,.~'[~ No. 46804. -¥.j r~ Name typed or printed ROE, Expiration Date ~¥~d~.~/ ~.~,~,,~.~' Civil Engih':..:..; ~-~ Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide copy of F.C.D. letter stating cost estimate. *** PLEASE READ INSTRUCTIONS BELOW *** 1. Quantities to be taken from improvement plans. Unit costs to be as provided on "City of Temecula Improvements Requirement Worksheet". 2. Show Bond Amounts to the nearest $500.00 (Rounded up). 3. For construction items not covered by "City of Temecula Improvement Requirement Worksheet", Design Engineer is t provide his opinion of construction cost and use that cost. If City of Temecula Unit Costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used. EXHIBIT A CITY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Solana Ridge Apartments (PA96-0270) Margarita Road Improvements (Spanos) DATE: Page 2 of 4 01/27/98 QUANTITY UNIT 9700 C.Y. 1878 C.Y. 1494 Ton 160 S.F. 633 S.F. 7640 S.F. 1269 L.F. 1568 L.F. 440 S.F. 5 Ea. 21365 S.F. 320 Gal I L.S. L.F. L.F. 51 L.F. L.F. 90 L.F. L.F. L.F. L.F. I Ea. I Ea. I Ea. C.Y. L.S. 20 Ea 4 Ea 3 Ea 340 L.F. 1 Ea 2 Ea 190 L.F. 1 L.S. STREET IMPROVEMENTS ITEM Roadway Excavation Base Material (Crushed Aggregate Base) A.C. Pavement ("Thickness) A.C. Berm (8") P.C.C. Cross Gutter and Aprons P.C.C. Sidewalk P.C.C. Curb & Gutter (Type A-6) P.C.C. 6" Curb P.C.C. Bus Access Ramps Remove Existing A.C. Pavement Fog Seal Relocate G.T.E. 18" R.C.P. 21" R.C.P. 24" R.C.P. 27" R.C.P. 30" R.C.P. 33" R.C.P. 36" R.C.P. Catch Basins (Use) Adjust Manhole lid Manholes Junction Structures Rip Rap (Grouted) Landscaping and Irrigation Trees Street Lights Signs Relocation Chain Link fence Curb outlet - Std 301 Curb outlet - Std 302 CATV ducts Traffic signal UNIT COST $5.00 $20.00 $40.00 $2.75 $6.00 $2.25 $9.00 $6.50 $10.00 $300.00 $1.00 $5.00 $200,000.00 $67.00 $71.00 $76.OO $80.00 $85.00 $90.00 $95.00 $400.00 $1,000.00 $4,000.00 $2,000.00 $75.50 Lump Sum $85.00 $1,500.00 $250.OO $2.00 $2,000.00 $1,000.00 $5.00 $100,000.00 Subtotal: 20% Contingency: TOTAL: AMOUNT $48,500.00 $37,560.00 $59,760.00 $440.00 $3,798.00 $17,190.00 $11,421.00 $10,192.00 $4,400.00 $1,500.00 $21,365.00 $1,60o.00 $20O,OOO.0O $o.oo $0.00 $3,876.00 $o.oo $7,650.00 $0.00 $o.oo $o.oo $1,000.00 $4,000.00 $2,O0O.OO $0.00 $0.00 $1,700.00 $6,000.00 $750.00 $680.00 $2,000.00 $2,000.00 $950.00 $100,000.00 $550,332.00 $110,066.40 $660,398.40 EXHIBIT A Page 3 of 4 CITY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Solana Ridge Apartments (PA96-0270) Margarita Road Improvements (Spanos) DATE: 01/27/98 WATER IMPROVEMENTS QUANTITY UNIT ITEM L.F. 4" Watedine L.F. 6" Waterline L.F. 8" Waterline L.F. 10" Waterline L.F. 12" Waterline L.F. 4" Gatevalve L.F. 8" Gatevalve L.F. 10" Gatevalve L.F. 12" Gatevalve Ea. Fire Hydrants (6") Ea. Fire Hydrants (4") Ea. 4" Misc. Fittings Ea. 6" Misc. Fittings Ea. 8" Misc. Fittings Ea. 10" Misc. Fittings Ea. 12" Misc. Fittings Ea. Blowoffs Ea. Service Connections Ea. 1" Air Vac./Rel. Ea. Remove End Cap Ea. Install End Cap UNIT COST ,1;8.00 ,1;10.00 $15.00 ,1;20.00 $28.00 $600.00 $800.00 $1,000.00 $1,200.00 $3,000.00 $2,000.00 $120.00 $150.00 $190.00 ,1;210.00 $240.00 $1,000.00 $250.00 $900.00 $200.00 $200.00 AMOUNT ,1;o.oo ,1;o.oo $o.oo ,1;o.oo ,1;o.oo $o.oo ,1;o.oo ,1;o.oo $o.oo ,1;o.oo $o.oo $o.oo ,I;0.00 $o.oo ,1;o.oo $0.00 $o.oo $0.00 ,1;o.oo $0.00 ,1;o.oo Subtotal: 20% Contingency: TOTAL: $0.00 $0.00 ,1;0.00 PROJECT: EXHIBIT A CITY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET Solana Ridge Apartments (PA96-0270) Margarita Road Improvements (Spanos) DATE: Page 4 of 4 01/27/98 QUANTITY SEWER IMPROVEMENTS UNIT ITEM L.F. 4" V.C.P L.F. 6" V.C.P. L.F. 8" V.C.P L.F. 10" V.C.P. L.F. 12" V.C.P. Ea. Standard Manholes Ea. Drop Manholes Ea. Cleanouts Ea. Sewer "Y"'s Ea. Chimneys Ea. Adjust Manhole to grade L.F. Concrete Encasement Ea. Remove Temporary End Plug UNIT COST $10.00 $12.00 $15.00 $19.00 $24.00 $3,000.00 $4,000.00 $500.00 $25.00 $300.00 $300.00 $20.00 $100.00 AMOUNT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal: 20% Contingency: TOTAL: $0.00 $0.00 $0.00 FOR ESTIMATE ONLY NO BONDING REQUIRED EXHIBIT B CITY OF TEMECULA ENGINEERING DEPARTMENT CONSTRUCTION SECURITY WORKSHEET PARCEL MAP OR TRACT MAP IMPROVEMENTS Streets/Drainage Flood Control Water Sewer Total Maintenance Retention (10%) Solana Ridge Apartments (PA96-0270) Margarita Road Improvements (City) DATE 01/27/98 FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY (100% of Estimated Construction Cost (50% of Estimated Construction Costs) $379,500.00 $43,000.00 $422,500.00 $42,250.00 $186,500.00 $21,500.00 DESIGN ENGINEERS OPINION OF CONSTRUCTION SECURITY The construction items and their quantities as shown on the attached worksheet are accurate for the construction of the improvements required or implied to fulfill the Conditions of Approval for this project. The mathematical extensions, using the City of Temecula's Unit Costs, are accurate for determining Bond Amounts and .~..,neJ~ .... . /.~,.,:- / -~ ~.,,~ ' Name typed or pdnted RCE # Expiration Date civ, Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide copy of F.C.D. letter stating cost estimate. *** PLEASE READ INSTRUCTIONS BELOW *** 1. Quantities to be taken from improvement plans. Unit costs to be as provided on "City of Temecula Improvements Requirement Worksheet". 2. Show Bond Amounts to the nearest $500.00 (Rounded up). 3. For construction items not covered by "City of Temecula Improvement Requirement Worksheet", Design Engineer is t provide his opinion of construction cost and use that cost. If City of Temecula Unit Costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used. EXHIBIT B CITY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Solana Ridg. Apartments (PA96-0270) Margarita Road Improvements (City) DATE: Page 2 of 4 01/27/98 QUANTITY UNIT 12,000 C.Y. 1,928 C.Y. 1,320 Ton 310 S.F. S.F. 7,195 S.F. 1,308 L.F. 1,091 L.F. S.F. 1 Ea. 25,O6O S.F. 328 Gal L.S. L.F. L.F. L.F. L.F. L.F. L.F. L.F. L.F. Ea. Ea. Ea. C.Y. L.S. 20 Ea 4 Ea 2 Ea 1,340 L.F. 1,540 L.F. 7 Ea STREET IMPROVEMENTS ITEM Roadway Excavation Base Material (Crushed Aggregate Base) A.C. Pavement ("Thickness) A.C. Berm (8") P.C.C. Cross Gutter and Aprons P.C.C. Sidewalk P.C.C. Curb & Gutter (Type A-6) P.C.C. 6" Curb P.C.C. Bus Access Ramps Remove Existing A.C. Pavement Fog Seal Relocate G.T.E. 18" R.C.P 21" R.C.P 24" R.C.P 27" R.C.P 30" R.C.P 33" R.C.P 36" R.C.P Catch Basins (Use) Adjust Manhole lid Manholes Junction Structures Rip Rap (Grouted) Landscaping and Irrigation Trees Street Lights Signs Relocation Chain Link fence Relocate SCE line Relocate SCE Power Poles UNIT COST $5.00 $20.00 $40.00 $2.75 ~.00 $2.25 $9.00 $6.50 $10.00 $300.00 $1.00 $5.00 $200,000.00 $67.00 $71.00 $76.00 $8O.OO $85.00 $90.00 $95.0O $400.00 $1,000.00 $4,000.00 $2,000.00 $75.50 Lump Sum $85.00 $1,500.00 $250.00 $2.00 $50.00 $2,000.00 AMOUNT $60,000.00 $38,560.00 $52,800.00 $852.50 ~0.00 $16,188.75 $11,772.0O $7,091.50 $0.00 $300.00 $25,060.00 $1,640.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,700.00 $6,000.00 $500.00 $2,680.00 $77,000.00 $14,000.00 Subtotal: 20% Contingency: TOTAL: $316,144.75 $63,228.95 $379,373.7O EXHIBIT B CITY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Solana Ridge Apartments (PA96-0270) Margarita Road Improvements (City) WATER IMPROVEMENTS QUANTITY 5 1,072 2 UNIT ITEM L.F. 4" Watedine L.F. 6" Watedine L.F. 8" Watedine L.F. 10" Waterline L.F. 12" Waterline L.F. 4" Gatevalve L.F. 8" Gatevalve L.F. 10" Gatevalve L.F. 12" Gatevalve Ea. Fire Hydrants (6") Ea. Fire Hydrants (4") Ea. 4" Misc. Fittings Ea. 6" Misc. Fittings Ea. 8" Misc. Fittings Ea. 10" Misc. Fittings Ea. 12" Misc. Fittings Ea. Blowoffs Ea. Service Connections Ea. 1" Air Vac./Rel. Ea. Remove End Cap Ea. Relocate fire hydrant/appurtenances L.F. Relocate water line Ea Relocate fire hydrant DATE: UNIT COST $8.00 $10.00 $15.00 $20.00 $28.00 $600.00 $800.00 $1,000.00 $1,200.00 $3,000.00 $2,000.00 $120.00 $150.00 $190.00 $210.00 $240.00 $1,000.00 $250.00 $900.00 $200.00 $1,000.00 $25.00 $2,000.00 Page 3 of 4 01127/98 AMOUNT $0.00 $0.00 $0.00 $6.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,000.00 $26,800.00 $4,000.00 Subtotal: 20% Contingency: TOTAL: $35,800.00 $7,160.00 $42,960.00 EXHIBIT B CiTY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET PROJECT: Solana Ridge Apartments (PA96-0270) Margarita Road Improvements (City) DATE: Page 4 of 4 01/27/98 QUANTITY SEWERIMPROVEMENTS UNIT ITEM L.F. 4" V.C.P L.F. 6" V.C.P. L.F. 8" V.C.P L.F. 10" V.C.P. L.F. 12" V.C.P. Ea. Standard Manholes Ea. Drop Manholes Ea. Cleanouts Ea. Sewer "Y"'s Ea. Chimneys Ea. Adjust Manhole to grade L.F. Concrete Encasement Ea. Remove Temporary End Plug UNIT COST $10.00 $12.00 $15.00 $19.00 $24.00 $3,000.00 $4,000.00 $500.00 $25.00 $300.00 $300.00 $20.00 $100.00 AMOUNT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal: 20% Contingency: TOTAL: $0.00 $0.00 $0.00 EXHIBIT C CITY OF TEMECULA ENGINEERING DEPARTMENT CONSTRUCTION SECURITY WORKSHEET PARCEL MAP OR TRACT MAP Margarita Road Improvements - South (City) FOR ESTIMATE ONLY NO BONDING REQUIRED DATE 01/27/98 IMPROVEMENTS Streets/Drainage Flood Control Water Sewer Total Maintenance Retention (10%) FAITHFUL PERFORMANCE SECURITY (100% of Estimated Construction Costs) $89,5OO.OO $4,000.00 $93,500.00 $9,350.00 MATERIAL & LABOR SECURITY (50% of Estimated Construction Costs) $45,000.00 $2,000.00 DESIGN ENGINEERS OPINION OF CONSTRUCTION SECURITY The construction items and their quantities as shown on the attached worksheet are accurate for the construction of the improvements required or implied to fulfill the Conditions of Approval for this project. The mathematical extensions, using the City of Temecula's Unit Costs, are accurate for determining Bond Amounts and Fees. RCE # Expiration Date Name typed or printed Flood Control Construction Cost Estimate to be provided by Flood Control District. stating cost estimate. *** PLEASE READ INSTRUCTIONS BELOW *** 1. Quantifies to be taken from improvement plans. Unit costs to be as provided on "City of Temecula Improvements Requirement Worksheet". 2. Show Bond Amounts to the nearest $500.00 (Rounded up). 3. For construction items not covered by "City of Temecula Improvement Requirement Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If City of Temecula Unit Costs are determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used. PROJECT: EXHIBIT C CITY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET Margarita Road Improvements - South (City) Page 2 of 4 DATE: 01/27/98 REET IMPROVEMENTS QUANTITY UNIT 2,500 C.Y. 408 C.Y. 351 Ton 130 S.F. 1,028 S.F. 2,930 S.F. 360 L.F. 677 L.F. 2 Ea. 4,030 S.F. 300 S.F. 133 Gal 30 Ton 1 L.S. 38 L.F. L.F. L.F. L.F. 1 Ea 57 L.F. 1 Ea Ea. Ea. Ea. C.Y. L.S. Ea Ea 5 Ea 600 L.F. 1 Ea Ea Ea L.F. L.S. ITEM Roadway Excavation Base Material (Crushed Aggregate Base) A.C. Pavement ("Thickness) A.C. Berm (8") P.C.C. Cross Gutter and Aprons P.C.C. Sidewalk P.C.C. Curb & Gutter (Type A-6) Sawcut Access Ramps Remove Existing A.C. Pavement Remove Existing P.C.C. Pavement Fog Seal A.C. Overlay Slurry cap 18" R.C.P. 24" R.C.P. 27" R.C.P. 30" R.C.P. Relocate 78" Inlet 78" C.S.P. incl saddle Catch Basins & Local Depression Adjust Manhole lid Manholes Junction Structures Rip Rap (Grouted) Landscaping and Irrigation Trees Street Ughts Signs Relocafion Chain Link fence Remove wall Curb outlet - Std 301 Curb outlet - Std 302 CATV ducts Traffic signal UNIT COST AMOUNT $5.00 $12,500.00 $20.00 $8,160.00 $40.00 $14,040.00 $2.75 $357.50 $6.00 $6,168.00 $2.25 $6,592.50 $9.00 $3,240.00 $1.00 $677.00 $300.00 $600.00 $1.00 $4,030.00 $1.00 $300.00 $5.00 $665.00 $40.00 $1,200.00 $200.00 $200.00 $67.00 $2,546.00 $76.00 $0.00 $80.00 $0.00 $85.00 $0.00 $500.00 $500.00 $84.00 $4,788.00 $5,ooo.oo $5,ooo.oo $1,000.00 $0.00 $4,000.00 $o.oo $2,000.00 $0.00 $75.50 $0.00 Lump Sum $0.00 $85.00 $0.00 $1,500.00 $0.00 $250.00 $1,250.00 $2.00 $1,200.00 $500.00 $500.00 $2,000.00 $0.00 $1,000.00 $0.00 $5.00 $0.00 $60,000.00 $0.00 Subtotal: $74,514.00 20% Contingency: $14,902.80 TOTAL: $89,416.80 PROJECT: EXHIBIT C CITY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET Margarita Road Improvements - South (City) DATE: Page 3 of 4 01/27198 QUANTTrY UNIT L.F. L.F. L.F. LF. L.F. L.F. L.F. L.F. L.F. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. 1 Ea. 1 Ea WATER IMPROVEMENTS ITEM 4" Waterline 6" Watedine 8" Waterline 10" Waredine 12" Waredine 4" Gatevalve 8" Gatevalve 10" Gatevalve 12" Gatevalve Fire Hydrants (6") Fire Hydrants (4") 4" Misc. Fittings 6" Misc. Fittings 8" Misc. Fittings 10" Misc. Fittings 12" Misc. Fittings Relocate fire hydrant & appurtanaces 1" Air Vac./Rel. Remove End Cap Relocate fire hydrant/appurtenances Relocate fire hydrant UNIT COST $8.oo $10.00 $15.00 $20.00 $28.00 $600.00 $8oo.oo $1,000.00 $1,200.00 $3,000.00 $2,000.00 $120.00 $150.0O $190.00 $210.00 $240.00 $250.00 $9O0.00 $200.00 $1,000.00 $2,000.00 Subtotal: 20% Contingency: TOTAL: AMOUNT $0.00 $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $1 ,ooo.oo $2,ooo.oo $3,000.00 $600.00 $3,600.00 PROJECT: EXHIBIT C CITY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET Margarita Road Improvements - South (City) Page 4 of 4 DATE: 01/27/98 QUANTITY SEWER IMPROVEMENTS UNIT ITEM L.F. 4" V.C.P L.F. 6" V.C.P. L.F. 8" V.C.P L.F. 10" V.C.P. L.F. 12" V.C.P. Ea. Standard Manholes Ea. Drop Manholes Ea. Cleanouts Ea. Sewer "Y"'s Ea. Chimneys Ea. Adjust Manhole to grade L.F. Concrete Encasement Ea. Remove Temporary End Plug UNIT COST AMOUNT $10.00 $0.00 $12.00 $0.00 $15.00 $0.00 $19.00 $0.00 $24.00 $0.00 $3,000.00 $0.00 $4,000.00 $0.00 $500.00 $0.00 $25.00 $0.00 $300.00 $0.00 $300.00 $0.00 $20.00 $0.00 $100.00 $0.00 Subtotal: $0.00 20% Contingency: $0.00 TOTAL: $0.00 ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Joseph Kicak, Director of Public Works\City Engineer April 14, 1998 Completion and Acceptance of the Winchester Road at 1-15, Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21 PREPARED BY: :;.,~..~ Ronald J. Parks, Deputy Director of Public Works ;'" Steven W. Beswick, Project Engineer RECOMMENDATION: That the City Council: Approve Amendment No. 1 to the Contract between the City of Temecula and Riverside Construction Company to construct Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21; and Authorize the Mayor to execute Amendment No. 1 to the Contract on behalf of the City in substantially the form attached to the Agenda Report; and 3. Accept the Winchester Road at 1-15, Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21, 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 December 19, 1995, the City Council awarded a contract for Winchester Road at I-15, Bridge Widening and Northbound Ramp Improvements, Project No. PW94-21 to Riverside Construction Company for $2,871,542.15. This project provided for the following: widening of the Winchester Road Bridge from four (4) to seven (7) lanes, a new northbound loop entrance ramp, a new northbound exit ramp with an auxiliary lane, relocation of existing utilities, and landscape/irrigation improvements. The contractor has completed all of the work in accordance with the approved plans and specifications to the satisfaction of the City Engineer except for the plant establishment work and has requested that the City release the remaining retention to warranty retention per the contract. R:\agdrpt\98\O414\pw94-21 .ACC The contract between the City and Riverside Construction Company originally stated that the contractor agreed to complete the work for the subject project in a period not to exceed 600 working days, however, the final 250 working days consisted only of plant establishment. The City will comply with the contractor's request to reduce the number of working days by 250 if the contractor agrees to the conditions of Amendment No. 1. The conditions of Amendment No. I consist of providing assurance that the remaining items of work including plant establishment, as-built plans, and damage repair occurring during the plant establishment period will be completed even though the Notice of Completion is recorded. The remaining amount of retention to date is $162,237.60. In accordance with the contract specifications, we are required to withhold $11,000.00 for plant establishment and $36,547.00 for warranty retention. The City will release a retention amount of $114,690.60 being held for this project on or about (35) days after the Notice of Completion has been recorded. Amendment No. 1 has been reviewed and approved as to form by the City Attorney. FISCAL IMPACT: This is a Capital Improvement Project and was funded through the Redevelopment Agency Capital Improvement Projects Fund. The base bid amount of $2,871,542.15 plus Contract Change Orders No. 1 through 16 in the amount of $251,456.77 will increase the total project cost to $3,122,998.92. This will leave a balance of $35,697.45 in the project's contingency. ATTACHMENTS: 1. Amendment No. 1 2. Notice of Completion 3. Maintenance Bond 4. Contractor's Affidavit 2 R:\agdrpt\98\O414\pw94-21 .ACC FIRST AMENDMENT TO CONTRACT BETWEEN CITY OF TEMECULA AND RIVERSIDE CONSTRUCTION COMPANY FOR WINCHESTER ROAD AT INTERSTATE 15 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS PROJECT NO. PW94-21 THIS FIRST AMENDMENT is made and entered into as of April 14, 1998 by and between the City of Temecula, a municipal corporation ("City") and Riverside Construction Company, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment No. 1 is made with respect to the following facts and purposes: On December 19, 1995 the City and Contractor entered into that certain contract entitled "City of Temecula, Public Works Department Contract for Construction of Project No. PW94-21, W'mehester Road at Interslate Route 15, Bridge Widening and Northbound Ramp Improvements." ("Contract") B. The parties now desire to amend the Contract as set forth as follows: "The construction portion of the project is now complete and the plant establishment portion of the project as per the Contract Documents consisting of 250 working days will run concurrently with the one year Warranty Period." Except for the changes specifically set forth herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written. CONSULTANT CITY OF TEMECULA Riverside Construction Company P.O. Box 1146 111 No. Main Street (909) 682-8308 Riverside, CA 92502-1146 BY: BY: Ron Roberts, Mayor ATTEST: NAME: C.T. Harmon Jr., TITLE: President BY: Susan W. Jones, CMC, Acting City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney R: bzip~proje~ns ¥w94 Xpw94-21 ~a g~n~nh'ivco~st .amd/aj p RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 43200 Business Perk Drive Temecula, CA 92590 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is P.O. Box 9033, Temecula, California 92589- 9033, 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to Riverside Construction Company, to perform the following work of improvement: Winchester Road/I-15 Bridge Widening and Northbound Ramp Improvements Project No. PW94-21 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 April 14, 1998. That upon said contract the SAFECO Insurance Company of America 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 NO. PW 94-21. 6. The street address of said property is: Winchester Road/Interstate 15 Dated at Temecula, California, this w day of , 1998. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss Susan W. Jones, CMC, Acting City Clerk I, Susan W. Jones CMC, Acting 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 ,1998. Susan W. Jones, CMC, Acting City Clerk r: \cip\p rojects\pw94\pw94-21 \complem.no~/ajp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW94-21 WINCHESTER ROAD A T INTERSTATE ROUTE 15 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS This is to certify that RIVERSIDE CONSTRUCTION COMPANY , (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW94-21 WINCHi=~i~J~ ROAD AT INTERSTATE ROUTE 15 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS situated in the City of Temecula, State of California, more particularly described as follows: WINCHESTER ROAD AT INTERSTATE ROUTE 15 BRIDGE WIDENING AND NORTHBOUND RAMP IMPROVEMENTS The CONTRACTOR declares that i~ 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 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: 2-23-98 CONTRACTOR GFORGF J. OL[V0, VT£F Print Name and Title PRFgTRFNT RELEASE R-1 SAFECO' SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE; SAFECO PLAZA MAINTENANCE BOND Bond 5845525A KNOW ALL BY THESE PI~SENTS, That we, Riverside Construction Company as Principal, and SAFECO INSURANCE COMPANY OF AMERICA a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of California , as Surety, are held and firmly bound unto City of Temecula as Obligee, in the penal sum of Two Hundred Eighty Seven Thousand Two Hundred Fifty Four and 00/100 ......... .......................................................... ($ 287,254.00 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City of Temecula dated 12/19/1998 for Project No. PW94-21Winchester Road at Interstate Route 15 Bridge Widening and Northbound Ramp Improvements WHEREAS, said Contract has been completed, and was approved on day of ~F~"l~II.~t/qt~ , /~fa9 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of one year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed and sealed this 23rd day of February , 1998 Rive rsi/~.n t ru ctio~ny 5 e-'c,~- r~rc7 v't~E (Seal) (Sea!) (Seal) SAFECO INSURANCE COMPANY OF AMERICA By ~'~anl~y ~:. ~'~ Attorney-in-Fact S-0843/SAEF 3/97 ® Registered trademark of SAFECO Corporation.  POWER OF ATTORNEY i:Eco® KNOW ALL BY THESE PRESENTS: No. SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 10081 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington co~oration, does each here~ appoint ~x*~x****~"**""~**~xx"~xx~*x~x~STANLEY C. LYNN; JAMES A. SCHALLER; NANETTE MARlELLA-MYERS; JANE KEPNER; Costa Mesa, California**~**xx~xx~"x~x~x*x*~*x~*xx**x~*x"*x~*x**x"*~"x~**~"~***~ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 29 day of September , 19 97 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA~ "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment. executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R. A~ Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-9741EP 1193 (~ Registered trademark of SAFECO Corporation. ITEM 9 APPROVAL CItY ATTORNEY DIRECTOR OF FINANCE~_ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Director of Public Works/City Engineer April 14, 1998 Amendment No. 1 to Construction Cooperative Agreement No. 8-1002 for 1-15 Rancho California Road Interchange Improvements with the State of California, Department of Transportation PREPARED BY: .~ Ronald J. Parks, Deputy Director of Public Works ;; · Steven W. Beswick, Project Engineer RECOMMENDATION: That the City Council approve Amendment No. 1 to the Construction Cooperative Agreement No. 8-1002 for 1-15 Rancho California Road Interchange Improvements with the State of California, Department of Transportation. BACKGROUND: On October 22, 1996, the City Council adopted Resolution No. 96- 125 approving Construction Cooperative Agreement No. 8-1002 for 1-15 Rancho California Road Interchange Improvements between the City and State. Construction Cooperative Agreement No. 8-1002 defines responsibilities of the City and State and what was mutually agreed by both the City and State. Amendment No. 1 revises Section I, Article 8 of the original Construction Cooperative Agreement and requires the State to pay for independent assurance testing, specialty testing, and off-site source inspection/testing at no cost to City. Amendment No. 1 was written to correct an error in the original Construction Cooperative Agreement No. 8-1002. The agreement has been approved as to form by the City Attorney. FISCAL IMPACT: No fiscal impact is anticipated from approving Amendment No. 1 ATTACHMENT: Amendment No. 1 r:\agdrpt\98\0414\115ranch.amd 08-Riv-15-4.4/5.1 Rancho California Road 08303 - 341100 District Agreement No. 8-1002, A/1 AMENDMENT TO AGREEMENT This AMENDMENT TO AGREEMENT, entered into on , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF TEMECULA, a body politic and a municipal corporation of the State of California, referred to herein as CITY. (1) (2) RECITALS The parties hereto entered into an Agreement (Document No. 013635), on October 22, 1996, said Agreement defining the terms and conditions of a project to construct Northbound Loop at 1-15 on Rancho California Road, referred to herein as "PROJECT". It has been determined that STATE, not CITY, will perform certain tasks specified in the original Agreement. IT IS THEREFORE MUTUALLY AGREED: (1) That Section I, Article 8 of the original Agreement is amended in its entirety to read: (8) Material testing and quality control shall conform to the State Construction Manual and the State Material Testing Manual, and be performed, at CITY expense by a certified material tester acceptable to STATE. Independent assurance testing, specialty testing, and off-site source inspection and testing shall be performed by STATE, at no cost to CITY except as noted herein. CITY shall reimburse STATE for any additional travel expenses incurred by STATE for off- site inspection and testing performed by STATE which is more than 300 airline miles from both Sacramento and Los Angeles. Approval of the type of asphalt and concrete plants shall be by STATE, at STATE expense. (2) (3) The other terms and conditions of said Agreement (Document No. 013635) shall remain in full force and effect. This Amendment to Agreement is hereby deemed to be a part of Document No. 013635. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation CITY OF TEMECULA By: Mayor By: $. LISIEWICZ District Director APPROVED AS TO FORM AND PROCEDURE: Attest: City Clerk Attorney, Department of Transportation APPROVED AS TO FORM: CERTIFIED AS TO FUNDS: By: City Attorney District Budget Manager CERTIFIED AS TO PROCEDURE: Accounting Administrator ITEM 10 APPROVAL ~ CITY ATTORNEY DIRECTOR OF FINANCE/ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer April 14, 1998 Agent Designation For Disaster Recovery Public Assistance PREPARED BY: Ronald J. Parks, Deputy Director of Public Works RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 98-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, TO AUTHORIZE THE CITY MANAGER, THE ASSISTANT TO THE CITY MANAGER, THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER AND THE DEPUTY DIRECTOR OF PUBLIC WORKS TO SIGN, ON BEHALF OF THE CITY, THE FEDERAL FINANCIAL ASSISTANCE APPLICATION AND ANY ANCILLARY APPLICATION DOCUMENTS. BACKGROUND: The City is in the process of applying for assistance from FEMA to recover the cost of the damages incurred due to the floods of this winter. The application would have to be signed by an agent designated by the City Council. This resolution will designate the City Manager, the Assistant to the City Manager, the Director of Public Works Director/City Engineer and the Deputy Director of Public Works as agents by title. This would negate adopting ensuing resolutions upon personnel changes and would expedite obtaining signatures upon completion of the applications. FISCAL IMPACT: None ATTACHMENTS: Resolution No. 98- r:\agdrpt\98\0414\agntdesg.res RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, TO AUTHORIZE THE CITY MANAGER, THE ASSISTANT TO THE CITY MANAGER, THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER AND THE DEPUTY DIRECTOR OF PUBLIC WORKS TO SIGN, ON BEHALF OF THE CITY, THE FEDERAL FINANCIAL ASSISTANCE APPLICATION AND ANY ANCILLARY APPLICATION DOCUMENTS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the City has designated its agent(s); WHEREAS, the City desires to apply for Disaster Recovery Public Assistance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the City of Temecula authorizes the City Manager, the Assistant to the City Manager, the Director of Public Works/City Engineer and the Deputy Director of Public Works to sign, on behalf of the City, the Federal Financial Assistance Application and any ancillary application documents. 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 day of April, 1998. Ron Roberts, Mayor ATTEST: Susan W. Jones, CMC, Acting City Clerk r:\agdrpt\98\0414\agntdesg,re$ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- 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 April, 1998, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC Acting City Clerk State of California P.A. No. OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE IT RESOLVED BY THE THAT City Council OFTHE City of Temecula (Governing Body) fName of Applicant) City Manag. er, Ass~:.: ;. ~o,. the CityCMana'ger:~i' OR (Title of Authorized Agent) Director of Public Works/City Engineer , OR (Title of Authorized Agent) Deputy Director of Public Works (Title of Aulhorized Agent) is hereby authorized to execute for and in behalf of the City of Temecula , a public entity established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the Natural Disaster Assistance Act. THAT the City of Temecula , a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Passed and approved this 14th day of April ,19~8 Ron Roberts, Mayor (Name and Title) (Name and Title) (Name and Title) I, Susan W. Jones, CMC (Name} City of Temecula resolutionpassedandapprovedbythe 14th da~of April Date: CERTIFICATION , duly appointed and Acting City Clerk (Title) , do hereby certify that the above is a true and correct cop), of a City Council ((Jovcrning body) ,1998 ofthe City of Temecula (Name of Applicant} of on the Acting City Clerk (t)flicial Posilion) (Signature) OE,~ Forr~l 1~0 (101~7J DA[J form ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer April 14, 1998 Amendment No. 2 to Electrical Agreement for Maintenance of Signal and Lighting Systems on State Highways PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council approve Amendment No. 2 to the Electrical Agreement for Maintenance of Signal and Lighting Systems on State Highways with the State Department of Transportation. BACKGROUND: On October 22, 1991, an agreement for maintenance and energy costs for traffic signals on State Highways 15 and 79 was executed between the City and the State. This agreement spelled out the distribution of costs for the maintenance and the energy for each of the signalized intersections. Amendment No. 2 modified the distributed to 100% for the maintenance to be paid for by the State and 100% of the energy cost to be paid for by the City for all traffic signals that were built by the City within State right-of-way, unless the signal is completely within State right-of-way. Currently the City has two traffic signals which are completely within State right-of-way. At this time the State is paying 100% of the maintenance and energy costs for the two ramp signals at 1-15 Freeway and Winchester Road (Route 79N). The State will pay 100% of the maintenance and energy costs for two proposed 1-15 Freeway traffic signals once the Route 79S street widening'project is completed. Amendment No. 2 is adding two new traffic signals to the agreement. The two intersections are Winchester Road (Route 79N) at Roripaugh Road and Route 79S at Front Street. This brings the total to 13 signalized intersections in which the maintenance and energy cost are shared both by the State and City. Each time the City installs a new traffic signal within the State right-of-way an amendment will be required to be executed between both parties for the maintenance and energy costs. The energy costs include traffic signal lights, safety lights, and illuminated street name signs. r:\agdrpt\98\O414\tsarnendn2.cop/seh FISCAL IMPACT: A monthly electrical power charge from Southern California Edison will be billed to the City for each additional traffic signal for an estimated amount of $165/month per intersection and adequate funds are available in Account Number 191-180-999-5319. ATTACHMENT: Amendment No. 2 r:\agdrpt\98\O414\tsamendn2.cop/seh AMENDMENT NO. 2 CITY OF TEMECULA MARCH 23, 1998 AMENDMENT TO ELECTRICAL AGREEMENT FOR MAINTENANCE OF SIGNAL AND LIGHTING SYSTEMS ON STATE HIGHWAYS entered into by and between the City of Temecula, hereinafter referred to as "the CITY", and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "the STATE". WITNESSETH: WHEREAS, an Agreement for electrical maintenance and power costs of State Highways 15 and 79 was executed between the CITY and the STATE on October 22, 1991, and WHEREAS, said Agreement by its terms provides that it may be modified or amended at any time upon mutual consent of the parties; and WHEREAS, the parties hereto now desire that said Agreement be amended, THEREFORE, it is understood and agreed that said Agreement is hereby amended in accordance with the attached Exhibit "A", dated March 23, 1998, which shall replace like Exhibit "A" in said Agreement, and shall cancel and supersede such like page, becoming part of said Agreement for all purposes. In all other respects, said Agreement shall remain in full force and effect. AMENDMENT NO. 2 This Amendment shall become effective this March 23, 1998. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By BEN RAMIREZ District Division Chief Office of Maintenance CITY OF TEMECULA By Mayor Attest: City Clerk EXHIBIT "A" Effective October 1, 1991 Revised March 23, 1998 ROUTE 15 15 79 79 79 79 79 79S 79S 79S 79S 79S 79S P.M. 4.900 4.910 R2.500 R3.290 R3.400 R3.600 R3.980 16.000 17.376 19.000 19.340 19.600 19.800 CITY OF TEMECULA ELECTRICAL FACILITIES MAINTAINED BY THE STATE Distribution of Costs Operation and Maintenance - 100% STATE Electrical Energy - 100% CITY SAFETY LOCATION E# SIGNAL LIGHTS ILLUM SIGNS RANCHO CALIFORNIA RD, 0542 170 S/B RAMPS RANCHO CALIFORNIA RD, 0543 170 N/B RAMPS YNEZ ROAD 0342 170 MARGARITA MEADOWS 0327 170 MARGARITA ROAD 0345 170 RORIPAUGH ROAD 0775 170 NICOLAS ROAD 0697 170 BUTTERFIELD STAGE RD 0346 170 MARGARITA ROAD 0727 170 PALA ROAD 0014 170 LA PAZ STREET BEDFORD COURT FRONT STREET 0004 170 0754 170 0833 170 3-250W HPS 3-250W HPS 4-200W HPS 4-200W HPS 4-200W HPS 4-200W HPS 2-200W HPS 4-200W HPS 4-200W HPS 3-200W HPS 4-200W HPS 3-200W HPS 3-200W HPS 3-055W SNA 4-055W SNA 2-150W SND 2-110W SNB 1-150W SND 2-110W SNB 2-150W SND 2-110W SNB 2-150W SND 1-055W SNA 2-110W SNB 4-110W SNB TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MARCH 31, 1998 An adjourned regular meeting of the Temecula Community Services District was called to order at 7:42 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Jeffrey E. Stone presiding. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Ford, Linderoans, Roberts, and Stone, ABSENT: O DIRECTORS: None. Also present were General Manager Bradley, City Attorney Thorson, and Acting City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of March 14, 1998. 1.2 Approve the minutes of March 17, 1998. MOTION: Director Ford moved to approve Consent Calendar Item No. 1. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. DEPARTMENTAL REPORT None. DIRECTOR OF COMMUNITY SERVICES REPORT Because the California Parks and Recreation Society representative was unable to attend this evening's meeting, Community Services Director Nelson noted that the Agency Showcase Award would be presented to the City Council at the April 14, 1998, meeting. GENERAL MANAGER'S REPORT None. minutes. CSD\033198 1 Temecula Community Services District March 31, 1998 BOARD OF DIRECTORS' REPORTS None, ADJOURNMENT At 7:43 P.M., President Stone formally adjourned the meeting to Tuesday, April 14, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC Acting City Clerk/District Secretary minutes.CSD\033198 2 ITEM 2 A PP RO V~F~,. CITY ATTORNEY CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: April 14, 1998 SUBJECT: Acceptance of Agreement and Bonds for Landscaped Medians within Paseo Del Sol - Newland Associates, Inc. (De Portola Road, Campanula Way and Meadows Parkway) PREPARED BY: ~ ~fBeryl Yasinosky, Development Services Analyst RECOMMENDATION: That the Board of Directors: Accept the agreement and surety bonds provided by the developer to improve certain landscaped median islands within Paseo Del Sol - Newland Associates, Inc. BACKGROUND: In accordance with the Paseo Del Sol Specific Plan, the developer is proposing to construct and dedicate certain landscaped median islands to the TCSD for maintenance purposes. To insure that the landscaping within the island medians is constructed to City standards, the developer is required to post security based upon the approved landscape/irrigation plans and the certified construction cost estimates for the improvements. As a result, Newland Associates, Inc. has entered into an agreement with the City and has provided surety bonds, issued by American Insurance Company, as follows: Meadows Parkway. Campanula Way: 1. Faithful Performance Bond No. 111 4164 0349 the amount of t~38,121.25. 2. Labor and Materials Bond No. 111 4164 0349 in the amount of $19,060.63. De Portola Road: 1. Faithful Performance Bond No. 111 4164 0356 in the amount of $75,274.90. 2. Labor and Materials Bond No. 111 4164 0356 in the amount of $37,637.45. Upon completion and acceptance of the improvements by the Board of Directors, staff will recommend the appropriate release or reduction of the bonds. R:\yasinobk\mdianbnd. pd s 4/14/98 FISCAL IMPACT: borne by the developer. ATTACHMENTS: None. The cost of construction for the landscaped medians will be Agreement/Bonds. R:\yasinobk\mdianbnd. pd s 4/14/98 CITY OF TEMECL~A C© PARKI~AND / I~ANDSCAPE IMPROVEMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDIVIDER: NEWLAND ASSOCIATES, INC. (Referred to as "SUBDIVIDER") NAME OF SUBDIVISION: PASE0 DEL SOL (Referred to as "SUBDIVIDER") TRACTNO.: 24182, 24183, 24184, 24185 TENTATIVB MAP RBSOLUTION OF APPROVAL NO.: Specific Plan No. 219 (Referred to as "Resolution of Approval") Meadows, Campanula (Market Corridor) PARKLAND IMPROVEMENT PLANS NO.: Median Islands (Referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS: $ 38,121.25 COMPLETION DATE: 6/1/98 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: The American Insurance Company NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: The American Insurance Company NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: File: R:~B\CONTRACT S'd. ND SC APE.AG R 1 This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the f'fiing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on fide in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement File: R:~B\CO NTRACTS~,LND SC APE.AG R 2 by Parkland/Landscaping Improvement Security required by the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the f'mal map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform File: R:\B\CONTRACTS~NDSCAPE.AGR :3 its obligations under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDMSION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, 114h'REFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows; 1. SUBDIVID~R'S Obligations to Construct Parkland/l ~ndscape Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement Work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: c. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. d. Except for easements or other interests in real property to be dedicated to the homeowners association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements Fife: R:\[~\CONTRACTS\LNDSCAPE.AGR 4 and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Parkland/l_andsc~pe Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate fights-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or The dedication to, and acceptance by, the CITY of appropriate fights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance File: R:\B[CO NTRACT S\LNDSCAPE.AGR 5 of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50 % of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10 % of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on f'fle with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be fried with the City Clerk and, upon f'ding, shall be deemed to have been made a pan of and incorporated into this Agreement. Upon f'fiing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10 % File: R:\B\CONTRACTS\LNDSCAPE.AGR 6 bo accordance Resolution of the original estimated cost if the improvement, ~vhich are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faitlfful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. The SUBDIVIDER shall construct the Parkland Improvements in with the CITY Standards in effect at the time of adoption of the of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection and Maintenance Period. a. SUBDIVIDER shah obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community File: R:\B\CO NTRACT S~LN D$C APE.AGR 7 Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community Services shall certify the completion of the Parkland/Landscape Improvements to the Board of Directors. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. certification. 6. Release of Securities. SUBDIVIDER shall bear all costs of inspection and Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; File: R:~B\CO NTRACT S'~N D:SC APE.AGR 8 provided, however, that no such release shall be for an amount less that 25 % of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Landscape/Parkland Improvement Security given for faithful performance until expiration of the maintenance period and f'mal completion and acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guamtee or warranty of work shall be released until the expiration of the warranty period and until any claims fried during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until f'mal acceptance of all work and File: R:\B\C 0 NT RAC'I'S\I..NDSC APE. AGR 9 improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDEIt shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacment or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER"S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SLIBDIVIDg. R. a. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SLIBDIVIDER'S failure to timely complete construction of the File: R:\B\CONTRACTS\LNDSCAP£.AGR ] 0 Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure any defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER's failure to perform any other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/I~ndscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER File: R:\B\CONTRACTS\I_NDSCAPE.AGR '~ I authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the f'ding by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDMSION to acreage. is in addition to and not in lieu The remedy provided by this Subsection C of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to File: R:~B'~CONTRACTS~NDSCAPE.AGR ] 2 a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after City acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. File: R:~B~CONTRACTS~LNDSCAPE.AGR l 3 12. I~ury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. hereby assumed by SUBDIVIDF_,R. 13. Other Agreements. All such risks shall be the responsibility of and are Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the apportionment of costs of water and sewer mains, or other improvemenU, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SLIBDIVIDF. R'S Obligation to Warn Public During Construction. Until final acceptance of the Parkland Improvements, SLIBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall File: R:~,B\CONTRACTS\LNDSCAPE.AGR 14 act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the File: R:I,B/CONTRACTS'd. NDSCAPE.AGR ] 5 construction. paragraph. 18. particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/l_andscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or The improvement security shall not be required to cover the provision of this Sale or Disposition of SLmDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the l~.ssence. Time is of the essence of this Agreement. 20. Time for Completion of Work l~.xtensions. SUBDIVIDER shall complete File: R:\B\CONTRACTS\LNDSCAPE.AGR 16 construction of the improvements required by this Agreement no later than . In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SLIBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and f'mal judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the Director of Community Services. 21. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S fights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be File: R:\B\CONTRACTS~_ND$CAPE.AGR 17 in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered ~n person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Notice to SUBDIVIDF_R: 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not def'me, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. l.itigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. File: R:\B\CONTRACTS'd. NDSCAPE.AGR 18 26. Incorporation of Recitals. into the terms of this agreement. 27. l~.ntire Agreement. The recitals to this agreement are hereby incorporated This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. Fi~e: R:~B\CONTRACTS\LNDSCAPE.AGR ], 9 IN WITNESS ~OF, this Agreement is executed by CITY, by and through its Mayor. NEWLAND ASSOCIATES, INC Name: ~ ~-,, . Title: .,.: ......... ,,. CITY OF TEMECULA By: Mayor (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: By: City Clerk RECOMMENDh-'T) FOR APPROVAL: By: Name: City Engineer By: Name: Director of Community Services APPROVED AS TO FORM: By: Peter Thorson City Attorney F;le: Rfi, B~C ONTRACTS'~LNDSC APE.AGR 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On March 25, 1998 before me, Dolores A. Valle., Nof. ary P.hlle , Date Name and Thle of Officer (e.g., 'Jane Doe, Notary Public") personally appeared LaDonna K. Mortsees and Derek C. Thomm~ , Name(s) of Signer(s) ~personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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/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. $ignalure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Paseo del Sol Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Derek C. Thomas Signer's Name: Signer's Name: LaDonna K. Monsees [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited ~l General [] Attorney-in-Fact [] Trustee ~ Guardian or Conservator [] Other: Top of thumD here [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator ' ' ' '" [] Other: 'To~', tL~ Signer Is Representing: Newland Associates Inc. a C~llforvia corporatinn Signer Is Representing: Newland Associates, Inc. A (qnliFnr~in enrpnrntinn 995 National Notary Association · 8236 Reinmet Ave., P.O. Eiox 71 ~4 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toil-Free 1-800-876-6827 g:Xl-lmlT A (Attach the basis for the estimate of the cost of improvements.) File: R:~B\CO NTRACTS~NDSCAPE .AG R 21 Paseo Del Sol . Estimated Landscape Costs Tract 24182,24183,24184~24185 JANUARY 28,1998 MEADOWS, CAMPANULA (MARKET CORRIDOR) MEDIAN ISLANDS Landscape Items Planting Landscape Green ~ino/Fiaish Gradc&. ?red . .Aura [rrigaden Ground Cover (FLAT) Shrubs 5Oal. Tree~ 24" Rex Quundty Unit UnitC~st 6,820 SF 50.15 6,820 SF Sl.50 I77 F..A $10.2~ Subtotal EA S9.00 Subtotal 5'200.0o Subtotal Subtotal .Landscape Items Project Grand Total' Tom[ Cost $10,230:00 $1,814.25 $13s067.25 $18,054.(~0 $'t 8,554.0o $7,000.00 $7,000.00 $38,121.25 $38,121.25 CITY OF ~CI/LA BOND NO. PREMIUM: 111 4164 0349 $457.00 P;A:~iLAND/I_,h. NDSCA.PE FAITtll=UL PERFORCE BOND WI4W~S, the City of Temecula, State of Cnllfornia, and Newland Associates, Inc. (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to instail and complete cer*~in parkland Improvements, which said Agreement, dated 19__, and identified as Project TRACT 24182. 24183, 24184, 24185 Meadows, Campanula (Market Corridor) Median Islands , is hereby referred to and made a part hereof; and WI47:REAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; THE AMERICAN NOW, TH'~-REFORE, we the Principal and INSURANCE COMPANY as surety, are held and fu--nzly bound unto the City of Temecula, California, in the penal sum of $ 38,121.25 lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, joinfly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perfrom the covenants, conditions. and provisions in the Agreement and any alteration thereof made as therein provided, on Ms or their part, to be kept and performed at the time and in the mnnner therein specified, and in all respects according to his or their true intent and rne.'m~ng, and shall indemnify. and save harmless the City of Temecula, its officers. agents, and employees, as therein stipulated: otherwise, this obligation shah be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City. in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agxv. ement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to tl'ie specifications. /// /// /// /// /// /// /// /// /// /// /// /// IN WITNESS WItEREOF, this instrument has been duly executed by the Principal and Surety above named, on ~CH 24 ,19 98. (Seal) (Seal) THE AMERICAN INSURANCE COMPANY PRIlXrC~PAL NEWLAND ASSOCIATES, INC. By: DEBRA J. NIE~'R~ (Name) ATTORNEY-IN-FACT (Title) (Name) ~i~N ',' 3,2..:. '.:. (Title) ! ~ K. ~NSEE~ (Title) A~PPROV]=3~ AS TO FOiL.M: Peter Thorson City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA county of SAN DIEGO On March 25, 1998 before me, Dolores A. Valle. Notary Pnhlie , Date Name anti 'l~tle of Officer (e.g.. "Jane Doe, Notary Public") personally appeared LaDonna K. Monsees and Derek C. Thomas , Name(s) of Signer(s) ~3ersonally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that .he/she/they executed the same in hie/her/their authorized capacity(ies), and that by h'~/ber/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. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Paseo del So! Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Derek C. Thomas Signer's Name: Signer's Name: LaDonna K. Monsees [] Individual [] Corporate Officer Title(s): [] Partner--~ Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator ' 'a~ [] Other: Top of thumb here [] Individual [] Corporate Officer Title(s): [] Partner--~ Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: Newland Associates Inc. a C~l;¢or~i~ co&'porntian Signer Is Representing: Newland Associates, Inc. A CaliFornia cnrpnrnt. inn © ~995 National No[ary Association · 8236 Remmet Ave., P.O. Box 7184 · Canega Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 State of California ) County of San Diego ) On March 24. 1998 before me, Tara Bacon. Notary Public, personally appeared Debra J. Niemeyer, 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(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. POWEit OF d3'toan~¥ THE AMP. RICAN INSURANCE COMPANY KNOW ALL M~N BY THF~E PRESENTS: ~mt THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Je~y on February 20, 1846, and redomeati~aled to the State of Nebraska on June 1, 1990, and having its !~ineipal office in the County of Marin, State of California, has made, constituted and al:q~ointed, and do~s by Ihase presents make, constitute and appoint J A C K G. L U P T E N, DALE C. EARSHAW, DEBRA J. NIEMEYER, TARA BACON, CAROLY]:~ M. KERL, jointly or severally SAN DIEGO CA ~ ~, !'~_ t~mn~ Or Otll~" Wl"Jtten obligations in the nature thereof ~ umy ~ o¥ I~ ~ ~ !~l~t}ql~ antl contu'm~p_~ all t~at the said Attomey(s)-in-Fa~ my do in tbe premises. This ~ of aRm-t~.y is ~aated pursuant to ~ VH,,~tinns 45 and 46 of By-laws of THE AMERICAN INSURANC~ COMPANY now in full force and " At~e Va. App~'-' _ - a~i An~torlty ot itmMmt Sr./.naa~ A ttomeys4~F~et ml Age~ t~ ~et~ ~ Proe~ ~tl Maire Apin~mwm. ~ f~ ~nu~m ooft~be~~~ of DJr~ctora, the PTuldent, any Vite*Psuident or any other person authorized by the Board of AJtormTsdn-Fatt to ..........~ tqu#Jent or na~ VJee-PJuidnt my, from time to time, uppoinl Resident Assistant Secretaries and Coqoration. ,~mnem mm m for ann oa m of the Corporation and ABems to ateept iepl prouss and ,,,0],~ spinrices for and on behalf of the -'" ',,;J, ~rs~-'"7~.? """'='"'" =~ '" ~ s,~ ~ m~ be .,,ok,d as at~ tim [~ m ~ of ot,mor~ or o~, --~ ],~o. o,-po,,~.ed ~o i~N~uP°I~ ~rM~A~.ed_an_..d;_?l.,~ u_n_,d~. ~and~b.y .~.e aut. bo.ri. ty o.f the. f.oH. owi.'_n.~.Rem. lut~.on ad .o~d. b? the ~oard of Direrors of THE AMERICAN ~ a m~-~an$ omy ~ ~ n~l{I on the .~ 1 $1 any O! JUly, !YM, nn~l $atd R~ORItion !~l !~OI ~ &lllendL"d Of ft'i:~]: "RESOLVED, that the si~mtute of any Vice-President, Aaisrant Se~'eta~, and Resident Aasislant ,~eretar,/of this Corporation. and the seal of th~s Cor0oration may be af£med or printed on any ~ of attorney, on any revocation of any power of attorney, or on any ce~ficate relating thereto, by facsimile, and any power of attorney, any revocation of any gower of attorney, or c~'tifiaate benrin~ such faesimfie siSnature or faatimUe seal shall be valid and binding u0on the Corporation:' STATE OF CAt.IFORNIA COUNTY OF MARIN IN WITNESS WHEREOF, THE AMERICAN II~S~RANCE COMPANY has c. ansed these presents to be s~ned by its Vi~e-President, and i~s corporate seal to 2 I st dayof November .1997 By Oathb 21st daYof November 97 M, A, Mallonee .19 . before me pertonally came to me known, who. being by me duly sworn, did delluse and aay: that he ia Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporatio~ described in and which executed the above ins~rnn~m; that he knows the seal of~id Corgoration; that the seal affixed to the said instrument is such corporate · ml; that it was so affl~_~_ by o~de~ of the Board of Dir~tora of said Corporation and that he s~ned his name thereto by like order. IN WITNESS WHEREOI.. I have hereunto m my hand and affbted my official ~, the day and year heron first above written. STATE OF CALIFORNIA COUNTY OF MARIN u. 1. ~ undm~ilned, Resident Assts~nt Secretary of TH~ AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO I-IEI~EBY CERTIFY the fore~oin[ and attached POWER OF A'f'rORNEY reamins in full force and has not been revoked; and furthermore that Article VII. Section~ 45 and 46 of the ~,/-iaws of the Corporation, and the l~.esolution of tbe Board of Dir~tors; ~t forth in the Power of Attome,/, are now in force. Si~ned and ~ at the County of Marin. Dated the ~.~.:~.~.~ ,, 24TH dayof MARCH .19 98 . 360712-TA.2.94 CITY OF TElvFI~_CUI.A BOND NO. 111 4164 0349 PREbIIUM INCLUDED IN PERFORMANCE BOND PA_RKT~-~NPD/LAaN-DSC.kPE LABOR .~NT) MATERIAJ. S BOND Tv'I4~P~_KS? the City. of Tem~cula. St~£e of CMifornia. and Newland Associates, Inc. , (hereinafter designated as "Principal") have entered into an Agreement whereby Princioal agees to insr2.ll and complete certain Parkland Improvements. which said A_*reement. ' Tract 24182,241~3,24184,24185 dated , 19 , and identified as Project is hereby referred to and made a part hereof; and Meadows, Campanula (Market Corridor) Median Island,s WI4t::RF_,kS, under the terms of said Agreement, Principal is required before entering upon the performance of the work. to f'fie a good and sufficient payment bond with the City of Temecuia, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California: and THE AMERICAN NOW, TI-IEREFOtLE. we the principal and INSURANCE COMPANY as Surety, are held and fmTtly bound unto the City of Temecula, Cntifomia. and all contractors. subcontractors, laborers. materialmen, and other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of S 19,060.6,31awful money of the United States, for materials furnished or labor thereon of a. nv 'kind. or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a par~ of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees. including reasonable attorney's fees, incurred by City. in successfully enforcing such obligation. all to be taxed ~ costs and included in any judgement rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to f'fie claims under Title 15 (commencing with Section 3082) of Part 4[ of Division 3 of the Civil Code, so as to ~ve a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety. hereby stipulates and agrees that no change, extension of time, alteration o~ addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the A~eement or to the work or to the specificat. ions. I1W WITiN'ESS ~OF, this instrument h~ been duly executed by the Principal and Surety above named, on MARCH 24 , 19 9.8.. (Seal) (Seal) S~TY THE AMERICAN INSURANCE COMPANY I~iRINCI~L NEWLAND ASSOCIATES, INC. ~ame) ATTORNY-IN-FACT (Title) ~ame) (Title) (Title) APPROV~_.D AS TO FORM: Peter Thorson City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN DIEGO On March 25, 1998 before me, Dolores A. Vnlle, Nnt. nry P.hlie , Date Name and T~tle of Officer (e.g., 'Jane Doe, Notary Public") personally appeared LaDonna K. Monsees and Derek C. Thom~,~ , Name(s) of Signer(a) ]~r, 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 acknowledged to me that he/she/they executed the same in hls/her/their authorized capacity(ies), and that by his/her/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. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Paseo del Sol Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Derek C. Thomas Signer's Name: Signer's Name: LaDonna K. Monsees [] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here [] Individual [] Corporate Officer Title(s): [] Partner-- [] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: Newland Associates Inc. a C~H¢orn~R corporation Signer Is Representing: Newland Associates, Inc. © 1995 National Nolary Association · 8236 Remmel Ave., PO, Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 State of California ) County of San Diego ) On March 24, 1998 before me, Tara Bacon. Notary Public, personally appeared Debra J. Niemeyer, 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(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. srma~Ew TIlE AMERICAN INSURANC~ COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a C?rp?ratio. n i.n~.tporate.d u.n~_the law.s.o.f t.he S~tate of N .e~.. J~.y on F~ruar~ 20, 1846, and ~. ~.ti~atcd to lhe State of Nebraska on June 1, 2990, and ~vmg zts principal office m_me t~__unty ot m~rtn, ~tate of Ca~iforni~hasmade~nstimt~dandapp~mted~andd~sbythese~..sentsmake~c~nstim~andappmnt JACK G. LUI~IEN, DALE ¢. HARSHAW, DEBRA J. NIEMEYER, TARA BACON, CAROLYN M. KEEL, Jointly or severally ~ SAN DIEGO CA ~tsm~and !awfu!Atmmey(s).in.Fa~t, w/th full power and authority he~by confenwal In its mine, ~and stead, to e~e~e, seal, acknowledge and d~liver ~ny and all bonds, undm'mklng, m:ognizan~s or oth~ Mitten obligations in the nature tl~tmf This powe~ of attorn~ b signed and sealed under and by the authority of t~ foUowing ResMu~on adopted by the Board of l~-e~tors of THE AMERICAN INSURANC~ COMPANY at a meeting duly ~Mled and held on the 31 st day of July, 1984, aml said R~sointion bm not bean amended or re~ea~ed: STA~ OF CALXFORNIA COUNTY OF MARIN 'RESOLVED, fi~ the signature of any Vic~-Pre~Wmt, Assistant S~mtary, and R~Mmt A~istant S~retary of this Corporation. and the s~l of this C. or~x~ation may be all'trod or printed on any ~ of attom~, on any revoltion of any ~ of attorney, or on any certificate r~ating thereto, by fa~mile, and any power of attorney, any revocation of any poxvet of attorney, or cefilf~ate b~ring sm~ fro:simile ~gnature or facsimile seal ~ be valid and bInding upon the Corporation:' IN WITNESS WH~RF..OF, THE AMERICAN INSURANC~ COMPANY ha~ ~ur~t these W~sants to be ~ by its Vior-President, and its ~rporate seal to 21st dayof November ,197~ . O,,~, 21Stdayof November 97 M, A. Mallonee · 19 , b~fore n~ gm'sonally came , m ~ ~, w~, ~ by me duly swo~, ~ d~d ~y: ~t he is Vi~P~ ~a ~RICAN INSU~ COMPAq, the Co~oration ~ ~ ~ w~ ~t~ the a~ve ~t: ~ ~ kn~s the ~ of ~ ~,~: ~ ~ ~ ~ to the ~d imt~ment is ~ co,rate ~; ~ it ~ ~ ~ by ~ of ~ ~d of ~ of ~ ~oo ~ ~ ~ ~ nmm~ ~O ~ tike order. STATE OF CALIFORNIA COUNTY OF MARIN 1, the undersigned, R~s~dem A~lsmnt Secretary of THE AMERICAN INSURANCE COMPANY, a !~BRASKA Cor~mtion, ~ I4~R.~BY CERTIFY that th~ foregoing and attached POWER OF ATTORNEY remains in full force mM hn~ not been remked; and furthmnore that Article VII, Scions 45 and 46 of the By-laws of the ~tlon, and the Resolution of the ikmrd of D~m:tors: set forth in the Pom~ of Attome% are now in force. Slpmt and m~s~d at the County of lYfarin. Datedthe 24TH dayof MARCH .19 98 360712-TA.2.94 IN W1WNESS WI-n=REOF, this instrument has been duly executed by the Principal and Surety above named, on MARCH 2z~ , 19 9_.~8. (Seal) (Seal) SUI~T¥ THE AMERICAN INSURANCE COMPANY PRINCI1DAL NEWLAND ASSOCIATES, INC. By: (Name) ATTORNEY-IN-FACT (Title) (Name) (Title) (Name) (Title) APPROVED AS TO FORIVI: Peter Thorson Ci~ Attomey CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA State of county of SAN DIEGO On March 25, 1998 before me, Dolores A. Valle, Nnf. nry P,,hHc , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared LaDonna K. Monsees and Derek C. Themss , Name(s) of Signer(s) ~Y, personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4e/are subscribed to the within instrument and acknowledged to me that ITelshe/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 behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ot Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Paseo del Sol Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Derek C. Thomas Signer's Name: Signer's Name: LaDonna K. Monsees [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: Newland Associates Inc. a Cal~¢or~n corporntion Signer Is Representing: Newland Associates, Inc. A CnliFnrnin r'n~pnrnt.~nn 995 National Notary Association · 8236 Reinmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. NO. 5907 Reorder: Call Toll-Free 1-800-876-6827 State of California ) County of San Diego ) On March 24. 1998 before me, Tara Bacon. Notary Public, personally appeared Debra J. Niemeyer, 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(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. srro~ THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE P~St That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 184~, and redomasticated to the State of Nebraska on June 1., 1990,.and ~vin8 its principal office in the County of Marin, State of Californ~ has made, constituted and appointed, and does by these presents make, constitute ann appoint J A C K G · L U P T E N ~ DALE C. EARSHAW, DEBRA J. NTEMEYER, TARA BACON, CAROLYN M. KERL, jointly or severally SAN DIEGO CA itslrne and lawfu!Attorney(s)-in.Faet, with full power and authority hereby conferred in iu name, plato and stead, to execute, seal, acknowledge and deriver any and all _b.,~,.nd,~ undertaking, rmogztizances or oth~ written obligatiom in the nature thereof and to bind the ~tion tlm, eby m fully and to the same extent as if such bond~ were s/gned by the President, setled with the ~m-porate se~ o'f the C. orpmadon and dub/attested by its Se~resar% hereby rmifyin~ and confirming all that the said Attomey(s)-in-Fa~t may do in the premises. Th~ ~ of attorney is gmntod pursuant to Article VH, ~ 45 and 46 of By-laws of TH~ AMERICAN INSURANCE COMPANY now in full force and ' Affl~ VIL Xpp~ ~ ' - ' ~d A~bori~y of it~std~t ~44~s, Al~o~F~t s~d A4r~s to secep~ L~l Proc~s ud Mske APPeS~. SM'tlon 4S. App_-' ' it. 33Je Cbnifinan o! list Bowd o! Diremots, the Preddant, shy VJee. PnMdent or Boy otlMr pe"son anthorized by the Board of Dimmots, the Cbalfutnn of the Board of Dtrue~ors, fine Pnsldem or any VJce-PfuMant ma~, from time to time, appoint Resident Assbrant Secretaries and Affv.-~_ '- Fm to mlJmmtt and m for and oa bchaif of b Corporation and Apmu to ~ ~ m zad ~ ~x~u's~ for and on behelf o! the Co,porutM. Sf~on 46. AM The antbor#y of anch Reddent mr,~er~arles, Attol~83~in*Fm and Afants shell be as pres~thed in the instrunem evidencing ~jdrtppo~l.' ~_l..4~yMgppohsi_! tandM~an1b~p~med~h~bymybes~.~z~kedntanytimeb~theB~rd~t~Mmc~rs~rbyanyper~nemp~wered~ mab tach a~p~' - t." T!~ po~ of attorney is signed and sealed under and by the authority of the foliowing Resolution adopted by the Board of Directors of ~T~AMERICA-N INSURANCE COMPANY nt a meeting duly called and held on the 31st day of July, 1984, and said Resointlon has not been amended or repeaJ : 'RESOLVED, that the signature of any Vice-President, A~istam Seeretary, and Residem Assistant Saemta~ of this Corporation, and the setl of this Corporation may be affixed or printed on any po~er of attomR, on any revomtion of any power of attorney, or on any c~'tificate relating thereto, hy facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation;' IN WITNF. SS WI-i~RF=OF, THE AMERICAN INSURANCE COMPANY has r. ausad these presenu to be signed by its Vice-Presidcot, and its corporate se~ to hehe~e~oafFmed,h~, 2 I st dayof November .1997 . * STATE OF CALIFORNIA COUNTY OF MARIN By On,~, 21st dayof November 97 M, A. Mallonee .19 . hefore me person&fly came . to me known, who, b~ing by me duly sworn. did deg~se and say: that he i~ Vice-President of THE AMERICAN INSURANCE COMPANY, the Corporation dm:ribed in and which execmed the above instrument; thai he knows the seaJ of said Co~oration; that the seaJ affixed to the mid instrumen~ is such corporate ami; that it was so affized by order of the Board of Directors of said Corporation and that he signed Im name thereto by tike order. IN WITNESS WHEREOF, I have he~unto set my hand and aff'uted my offi~iaJ s~ad, ~e day and year het~n first above written. STATE OF CALIFORNIA COUNTY OF MARIN 1, theundemigned, Resident Assistant SeeremryofTHE AMERICAN INSURANCECOMPANY, a NEBRASKA Corporation, DO !-fEREBY CERTIFY ~at the foregoing and atta~ed POWER OF ATTORNEY remains in full form and hn~ not been revoked; and fu~he~more that Article VII, Sections 45 tad 46 of the By-hws of the Corporation, an~ the Resolution of the Board of Directors: set forth in the Po~r of Attorney, are now in force. SlgnedmuiseaJedattheCou,~tyof[V[arin. Datedthe 24TH dayof MARCH .19 98 360712-TA.2.94 CITY OF ~CU'LA BOND .NO. PREM!~.. INCLLrDED IN PERFORMANCE BOND PA-KKLAND/I_~N'DSC.kPE LABOR .aHN-D MATERIAJ~ BONI) WH~R. EAS, the City of Temecula. State of California. and Newland Associates, Inc. , (hereinafter designated as "Principal") have entered into an Agreement whereby o Principal a_.~rees to install and complete ce,v. ain Park/and Improvements, which said Agreement, dated , 19 , and identified as Project is hereby referred to and made a pan hereof; and WHERE&S, under the terms of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temecula, to secure the claims to which reference is made in Title i5 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of CMifomia: and THE AMERICAN NOW, TI4t:R.EFORE. we the principal and nqSURA~C~. cr)m,A~w as Surety, are held and f'mnly bound unto the City of Temecula, California. and all contractors. subcontractors, laborers. mater/almen, and other persons employed in the performance of the aforesaid Agreement and referred to in Tide 15 of the Civil Code, Ln the penal sum of $ 37,637.4,5tawf-~l money of the United States, for materials furnished or labor thereon of any -kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees. incurred by City. in successfully enforcing such obligation, all to be taxed as Tract 24184, 24~85-1 & -2 DePortola Road Median Islands costs and included in any judgement rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to fLle claims under Title 15 (commencing with Section .3082) of Part 4: of Division 3 of the Civil Code, so as to g'ive a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain i.n full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WI-~REOF, this instrument has been duly executed by the Principal amd Surety above named, on MARCH 24 , 19 ,98. (Seal) (Seal) SU~'EY THE AMERICAN INSURANCE COMPANY PP, I~C~ NEWLAND ASSOCIATES, INC. By: DEBRA J. NIEM~~' (Name) ATTORNEY-IN-FACT (Title) (Title) (.T~Qe) APPRO%r~'D AS TO FORM: Peter Thorson City Attorney 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA State of County of SAN DIEGO On March 25, 1998 before me, Dolores A. Vslle., Nnt.~ry P.hllc , Date Name and T~tle of Officer (e.g., 'Jane Doe, Notary Public") personally appeared La. Donna K. Moosees and ]')ere]( C. Thomas , Name(s) of Signer(s) ~3ersonally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)qe/are 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 hi.s/her/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. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Paseo del Sol Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Derek C. Thomas Signer's Name: Signer's Name: LaDonna K. Monsees [] Individual [] Corporate Officer Title(s): [] Partner--[] Limited ~ General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here [] Individual E3 Corporate Officer Title(s): [] Partner--I-1 Limited [] General [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of thumb here Signer Is Representing: Newland Associates Inc. a C~l;¢or~a corporation Signer Is Representing: Newland Associates, Inc. A ¢,~lifnrni~ corpnr~tinn 995 National Notary Association · 8236 Remmet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 State of California ) County of San Diego ) On March 24. 1998 before me, Tara Bacon. Notary Public, personally appeared Debra J. Niemeyer, personally known to me to be the person whose name is subscribed to the within instnnuent and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the emity upon behalf of which the person acted, executed the instrumem. WITNESS my hand and official seal. ~-'m~' TIIE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE P~.,SENT8, That THE AMERICAN INSURANCE COMPANY,, Corporario? l.n~,,tl~..rale,d u.nder the law.s.o.f l.ht S~t?_tle o~ N~w J·n~y on February 20, 1846, and redo,,,,'~'uEed to lhe State of Nebraska on June 1, 1990, and havin8 its pnn~pa~ omce In m· tzounty ot Mann, ~ta · o California, hns made, constilu~.d and appe_L~__~_~ and do~s by the~e presents make, consfim~ and appoim JACK G · LU? I EN, DALE C. I'IARSHAW, DEllRA J. NIEMEYER, TARA BACON, CAROLYN M. KERL~ jointly or severally SAN DIEGO CA ' its ~ and !awfulARomey(sl-ln.Fm, with frill Wm~r and arithodry hereby confen'~d in its name, place and mend, to e~t~ute, ,~al, acknowledse and d·liver any and all bond& ,_n~l-~t~k!ng, rwo~i-nnc~ ~ other written obUsntions in the nntur~ thereof T!~ ~ of ~"s~ is ~amt~d punu~nt mAni~ VH, S~ions 45 nnd d~ of ~y-laws of Ti.l~ AMERICAN INSURANCE COMPANY now in full force and 'RESOLVED, flint the si~nnture of any Vic~-Presidant. Auisumt .qe~.tary, and Resident Assistant ~ of this Corporation, and the ~ of this Corporation may he af£ued or printed on any po~er of attorney, on any revo~alion of any power of aR, o..rne.y., or 9a any .cerfi. fi .cat. e ' . . upon the Croporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY }ms cnu~d these pres-,nts to be si~ed by its Vice-President, and its corpornte seal to bebereontoaffi,.~dthis 21 st dayof November ,1997 ... STATE OF CAtJI~RNIA COUNTYOFMARIN M. A. Hallonee W ~ ~, w~, ~l by me duly sworn. ~ ~ ~d ~y: ~l he ~ V~d~ of ~E ~ERICAN INSU~N~ COMPAq, the Co~oration ~ ~ ~d w~ m~t~ the a~e ~t; ~t ~ kn~ the ~ of ~d ~~; t~ t~ ~ af~ to the ~d imt~ment is ~ch co.rate ~; ~t it ~ ~ ~ by ~ of ~ ~ of ~m of ~d ~r~on ~ t~ ~ ~ ~ ~e ~emo ~ ~ke order. IN W!~ ~OE 1 ~ ~to ~ ~ ~ ~d a~ my offi~ ~, ~ ~ ~ ~ ~ ~t ~e ~tt~, ~ .~,~~ A. KRIEGER RC~ ;L"~:d~' CaklFGRNIA ~OF~Z !~!A } u. ~ OF ~ I. ~ ~~, R~I ~t ~of~ ~ fo~o~ ~ ~ ~ OF A~Y ~ in f~ form ~ hu nm ~ ~k~; ~ ~h~me that ~icle VII, ~ons 45 ~d ~ o f the ~ of~e C~~ e.~ ~ R~Iu~ of~ ~ of ~o~; ~ fo~ in t~ ~ of A~o~, ~e now in for~. ~ ~ ~ at ~C~nty of~. D~ 360712.TA.2.~d ITEM 3 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY I DIRECTOR OF FINANCE GENERAL MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT General Manager/Board of Directors ~. hawn D. Nelson, Director of Community Services April 14, 1998 Award of Contract for Community Recreation Center Cooling System - Project No. PW97-22CSD PREPARED BY: Steve Charette, Assistant Engineer - Capital Projects RECOMMENDATION: That the Board of Directors: Award a construction contract to 1st Mechanical, Inc. in the amount of $145,800.00 and authorize the President to execute the contract. Authorize the General Manager to approve change orders not to exceed the contingency amount of $14,580.00 which is equal to 10% of the contract amount. Authorize the transfer of $45,103.00 from the Margarita Community Park Project to the Capital Projects Fund and appropriate $45,103.00 into the CRC Gymnasium Cooling System Project Fund, Account No. 210-190-152-5804. BACKGROUND: On February 10, 1998, the Board of Directors authorized the Department of Public Works to solicit public bids for construction. Since the opening of the Temecula Community Recreation Center gymnasium (CRC) in March of 1994, the facility has operated without an air-conditioning system during the warm summer months. This project will provide for the installation of an air-conditioning and temperature control system for the CRC Gymnasium. Four (4) bids for the project were publicly opened on March 26, 1998 and the results are as follows: 1. 1st Mechanical, Inc ................................... $145,800.00 2. Fineline Builders, Inc .................................... $154,948.00 3. Paul D. Wilson, Inc ..................................... $171,000.00 4. Air-Ex Air Conditioning .................................. $176,000.00 r:\agdrpt\98\0414~pw97-22awd Staff has contacted the State Contractors License Board and confirmed that the license is current and in good standing. We have also contacted several references regarding the quality, timeliness and accuracy of previous work. We have received favorable comments from agencies for work of similar scope. The Construction schedule is for 25 working days. There is an approximate nine-week delivery period for the air-conditioning units. Actual installation work at the gymnasium is expected to begin by mid June of 1998 and to be completed by the end of July, 1998. A copy of the bid summary is available for review on the City Engineers's office. FISCAL IMPACT: The CRC Cooling System Project will be funded primarily by Developer Impact Fees- Public Facilities. The total project amount is $160,380.00 which includes the contract amount of $145,800.00 plus the 10% contingency of $14,580.00. Funds in the amount of $115,277.00 have been budgeted for the construction of the project. An additional $45,103.00 needs to be transferred from the Margarita Community Park Project to the Capital Projects Fund and appropriated to Account No.210-190-152-5804. Sufficient cost savings from the Margarita Community Park Project is available to cover the requested budget transfer. ATTACHMENTS: Construction Contract r:\agdrpt\98\0414\pw97-22awd TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW97-22CSD COMMUNITY RECREATION CENTER GYMNASIUM COOLING SYSTEM THIS CONTRACT, made and entered into the 14th day of April, 1999, by and between the Temecula Community Services District of the City of Temecula, a municipal corporation, hereinafter referred to as "DISTRICT", and 1st Mechanical, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That the District 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. PW97- 22CSD, COMMUNITY RECREATION CENTER GYMNASIUM COOLING SYSTEM, 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. PW97-22CSD, COMMUNITY RECREATION CENTER GYMNASIUM COOLING SYSTEM. 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. PW97- 22CSD, COMMUNITY RECREATION CENTER GYMNASIUM COOLING SYSTEM. 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~PROJ ECTS\PVV97\PW97-22\CONTRACT.DOC o Where the Contract Documents 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. PW97-22CSD COMMUNITY RECREATION CENTER GYMNASIUM COOLING SYSTEM 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 the DISTRICT. DISTRICT 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 DISTRICT or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The DISTRICT agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED FORTY-FIVE THOUSAND EIGHT HUNDRED DOLLARS and NO CENTS ($145,800.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed TWENTY-FIVE (25) working days, commencing with delivery of a Notice to Proceed by the DISTRICT. Construction shall not commence until bonds and insurance are approved by the DISTRICT. CHANGE ORDERS. All change orders shall be approved by the Board of Directors, except that the General Manager is hereby authorized by the Board of Directors to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the Board of Directors. 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\PROJ ECTS'~VV97 \PW97-22\CONTRACT.D O C 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 DISTRICT, 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 DISTRICT 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 General 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 thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contracts Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the DISTRICT 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 DISTRICT 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 CONTRACT CA-3 R:\CIP~PROJ ECTS\P~V97 \PVV97 -22\C ONTRACT.DOC negligence of, the CONTRACTOR including delays caused by DISTRICT. CONTRACTOR is required to promptly notify DISTRICT of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to the DISTRICT, 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 DISTRICT 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 Board of Directors 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 DISTRICT, 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 the DISTRICT, 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 DISTRICT. The CONTRACTOR shall indemnify and be responsible for reimbursing the DISTRICT for any and all costs incurred by the DISTRICT as a result of Stop Notices filed against the project. The DISTRICT shall deduct such costs from Progress Payments or final payments due to the DISTRICT. 13. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to DISTRICT's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONTRACT CA-4 R:\ClP\PROJ ECTS\PIN97 \PW97 -22\CONTRACT.D OC 14. 15. 16. 17. 18. 19. 20. 21. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any District 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 its employ has been employed by the DISTRICT 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 General Manager, its 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 DISTRICT 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 the DISTRICT. 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 DISTRICT. INSPECTION. The work shall be subject to inspection and testing by DISTRICT and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the Temecula Community Services District of the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. CONTRACT CA-5 R:\CIP\PRO J I~CTStPW97 ~PW97-22\CON TRACT.D OC 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the DISTRICT addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 43200 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 1st Mechanical, Inc. 10457 Roselie Street, Suite K San Diego, CA 92121 (619) 550-1100 By: John D. Williams, President DATED: CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT APPROVED'AS TO FORM: By: Jeffrey E. Stone, President Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, Acting City Clerk CONTRACT CA-6 R:',CIP\PROJ ECTS\PW97 ~PW97-22~C ONTRACT.DOC REDEVELOPMENT AGENCY ITEM 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MARCH 31, 1998 An adjourned regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:43 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Lindemans presiding. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Ford, Roberts, Stone, and Lindemans. ABSENT: 0 AGENCY MEMBER: None. Also present were Executive Director Bradley, City Attorney Thorson, and Acting City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 1.2 Approve the minutes of March 14, 1998. Approve the minutes of March 17, 1998. MOTION: Agency Member Ford moved to approve Consent Calendar Item No.1. The motion was seconded by Agency Member Stone and voice vote reflected unanimous approval. Awarding a Contract to Steve Krabbe to Paint the Second Phase of the Mural at the Old Town Transportation Center 2.1 Award the contract for 921,250 to Steve Krabbe to Paint the Second Phase of the Mural at the Old Town Transportation Center; 2.2 Authorize Executive Director and Agency Counsel to Execute the contract. As per staff's request, the following motion was offered: minutes,RDA\033198 1 Temecula Redevelopment A(~encv March 31, 1998 MOTION: Agency Member Ford moved to continue Consent Calendar Item No. 2 off calendar. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval with the exception of Agency Member Stone who abstained. DEPARTMENTAL REPORT Redevelopment Director McLarney presented the Departmental Report (as per written material of record), advising that Old Town Western Days will be April 17, 18, and 19, 1998, and that Frontier Days will be held in conjunction with the Rodeo on May 22, 23, and 24, 1998. REDEVELOPMENT DIRECTOR'S REPORT None. EXECUTIVE DIRECTOR'S REPORT None. AGENCY MEMBERS' REPORTS None. ADJOURNMENT At 7:47 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, April 14, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Karel F. Lindemans, Chairman ATTEST: Susan W. Jones, CMC Acting City Clerk/District Secretary minutes. RDA\033198 2 ITEM 2 Oral Presentation WINCHESTER HILLS FINANCING AUTHORITY ITEM 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA WINCHESTER HILLS FINANCING AUTHORITY MARCH 31, 1998 An adjourned regular meeting of the City of Temecula Winchester Hills Financing Authority was called to order at 7:48 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairman Comerchero presiding. PRESENT: 5 AUTHORITY MEMBERS: Ford, Lindemans, Roberts, Stone, and Comerchero. ABSENT: 0 AUTHORITY MEMBER: None. Also present were Executive Director Bradley, City Attorney Thorson, and Acting City Clerk Jones. PUBLIC COMMENTS None. CONSENT CALENDAR 1. Minutes 1.1 Approve the minutes of March 17, 1998 MOTION: Authority Member Stone moved to approve Consent Calendar item No. 1. The motion was seconded by Authority Member Lindemans and voice vote reflected unanimous approval. DEPARTMENTAL REPORT None. EXECUTIVE DIRECTOR'S REPORT Executive Director noted that staff is expeditiously moving forward with this project. AUTHORITY MEMBERS' REPORTS None. Minutes.WHFA\033198 Temecula Winchester Hills Financin<~ Authoritv 033198 ADJOURNMENT At 7:49 P.M., the Temecula Winchester Hills Financing Authority meeting was formally adjourned to Tuesday, April 14, 1998, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeff Comerchero, Chairman Susan W. Jones, CMC Acting City Clerk/Authority Secretary Minutes. WH FA\033198 2 ITEM 2 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: WINCHESTER HILLS FINANCING AUTHORITY AGENDA REPORT Authority Board of Directors Ronald E. Bradley, Executive Director April 14, 1998 Formation of Community Facilities District No. 98-1 (Winchester Hills) RECOMMENDATION: That the Board of Directors conduct concurrent public hearings on (I) the formation of the Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) (the "District") and the levy of special taxes therein, and (ii) the issuance of bonded indebtedness of the Authority for the District. The Board of Directors should: (a) open the public hearings, (b) accept any written protests and take any oral testimony, c) close the public hearings, (d) adopt the resolutions described as 1, 2 and 3 below, (e) hold the election called pursuant to the resolution listed as 3 below, (f) adopt a resolution declaring the results of the election, and (f) have the first reading of the ordinance described below. The Resolutions proposed for adoption and the ordinance proposed for a first reading are as follows: 1. Adopt a resolution entitled: RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY OF FORMATION OF WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 {WINCHESTER HILLS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PREMMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT R: INOR TONL IA GENDA SI CFDA GNDA I WNCHS TRI S TAFFRPT. WPD 4/3/98 2. Adopt a resolution entitled: ., RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT Adopt a resolution entitled: RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY CALLING SPECIAL ELECTION Adopt a resolution entitled: RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN Have the first reading of an ordinance entitled: ORDINANCE NO. WHFA 98- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY: EVYING SPECIAL TAXES WITHIN THE WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) BACKGROUND: The Authority was created pursuant to a joint exercise of powers agreement between the City and the Redevelopment Agency to assist in the refinancing of public improvements or bonds in connection with fixed special assessment liens in the Winchester Hills area of the City. On February 24, 1998, the Authority adopted two resolutions of intention relative to a proposed community facilities district (the "District"). The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District, and provided that the public hearings called pursuant to the resolutions of intention would be held on April 14, 1998. The Secretary of the Authority has published notice of the hearings in accordance with applicable law. R: iNOR TONL ~4 GENDA Si CFDA GNDA ~ WNCHS TRi S T,4 FFRPT. WPD 4/I/9 8 The Board of Directors will hold the public hearings concurrently. At the hearings, the testimony of all interested persons or taxpayers for or against the establishment of the District, the extent of the District, the assessment liens to be refinanced by the District and the issuance of bonds for the District must be heard. Any person interested is authorized to file a protest in writing. As the land proposed to be included in the District is all owned by Winchester Hills I LLC, a California limited liability company controlled by Stephen Bieri, and there are no known registered voters residing in the proposed District, only Winchester Hills I LLC has legal standing to formally protest the formation or any particular aspects of the District. A report has been filed by the Director of Public Works of the City with the Authority Secretary, as required by the resolutions of intention, indicating the proposed boundaries of the District, the facilities to be financed by the District and the estimated costs thereof. The land to be included in the District will only include land owned by Winchester Hills I LLC which is expected to be conveyed to Lennar Homes of California, Inc. prior to the issuance of bonds by the Authority for the District. Following the closing of the public hearings, Mr. Bieri has requested that the Authority take the actions necessary to officially form the District, to authorize the levy of special taxes in the District and to authorize the incurrence of bonded indebtedness by the District. Staff recommends that the Authority adopt resolutions of formation and of necessity to incur bonded indebtedness, and calling a special election of the landowner in the District. A ballot for the election has already been delivered to the eligible landowner voter, and is expected to have been returned to the City Clerk, acting as Secretary of the Authority, prior to April 14th. By law, the landowner is given one vote for each acre of land or portion thereof that it owns within the boundaries of the District. As stated above, the only eligible voter is Winchester Hills I LLC, as the owner of all of the land within the boundaries of the District, as such boundaries are indicated on the boundary map for the District on file with the Authority Secretary. The City Clerk, as Secretary to the Authority, will be requested to canvass the election immediately after adoption of the resolution calling the election. If two thirds or more of the votes cast are in favor of the District, the Authority is then requested to adopt a resolution declaring the results of the election and providing for the recording of a notice of special tax lien with the County Recorder. The notice provides all future property owners with knowledge of the existence of the Authority's special taxing powers. The Authority is then requested to have the first reading of an ordinance levying special taxes. The ordinance permits special taxes to be levied only on property located in the District. It is expected that special taxes will be levied to pay debt service on bonds proposed to be issued for the District. Staff expects that a resolution authorizing the issuance of the bonds and approving the related legal documents will be presented to the Authority on or about May 26th. Attachments: Resolutions (4) Ordinance Notice of Special Tax Lien R:INOR TONL L4 GENDA SI CFDA GNDA i WNCHS TRi$ T,4FFRPT. WPD 4/3/98 RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTItORITY OF FORMATION OF WINCHESTER HILLS FINANCING AU'I~ORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT AND PRELIMINARII,Y ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO ~ QUALIFIED ELECTORS OF THE DISTRICT WHEREAS, on February 24, 1998, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Winchester Hills 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" (the "Resolution of Intention"), stating its intention to form the Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) (the "District"), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and stating the assessment liens to be refinanced, the estimated maximum cost of the refinancing, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on bonds proposed to be issued with respect to the District, is on file with the Secretary and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, on this date, this Board of Directors held a public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the facilities to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Board of Directors on said matters before it, including a report by the Director of Public Works of the City of Temecula (the "Report") as to the liens to be refinanced through the District and the costs thereof, a copy of which is on file with the Secretary, and this Board of Directors at the conclusion of said hearing is fully advised in the premises; and WHEREAS, written protests with respect to the formation of the District, the furnishing of specified types of facilities and the rate and method of apportionment of the special taxes have not been filed with the Secretary by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (~h) or more of the area of land within the District and not exempt from the special tax; and WI-IEREAS, the special tax proposed to be levied in the District to pay for the proposed facilities to be provided therein, as revised and set forth in Exhibit A hereto, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and WI-IEREAS, at the conclusion of the public hearing, it was determined that the Rate and Method of Apportionment be revised to be as reflected in Exhibit A hereto, copies of which revised Exhibit A have been provided to the sole landowner in the District. NOW, TItEREFORE, BE IT RESOLVED by the Board of Directors of the Winchester Hills Financing Authority as follows: Section 1. The foregoing recitals are true and correct. Section 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act. Section 3. All prior proceedings taken by this Board of Directors in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act. On April 14, 1998, this Board of Directors adopted Local Goals and Policies for Community Facilities Districts, and this Board of Directors hereby finds and determines that the District is in conformity with said goals and policies. Section 4. The community facilities district designated "Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills)" is hereby established pursuant to the Act. Section 5. The boundaries of the District, as set forth in the Map of the District heretofore recorded in the Riverside County Recorder's Office in Book 42 at Page 90 of Maps of Assessment and Community Facilities Districts, are hereby approved, and said map is incorporated herein by this reference and said boundaries shall be the boundaries of the District. Section 6. The assessment liens proposed to be refinanced by the District and pursuant to the Act are described on Exhibit A to the Resolution of Intention and by this reference incorporated herein (the "Liens"). Section 7. Except to the extent that funds are otherwise available to the District to pay for the principal and interest as it becomes due on bonds of the District issued to refinance the Liens, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the probable maximum amount such owner will have to pay, are described in Exhibit A attached hereto and by this reference incorporated herein. Section 8. The Finance Director of the City of Temecula, 43200 Business Park Drive, P.O. Box 9033, Temecula, California 92589-9033, telephone number (909) 694-6430 is the officer which will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the Authority ceases. Section 10. In accordance with Section 53325.7 of the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at $16,000,000 and said appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Act. Section 11. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Board of Directors. Section 12. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Winchester Hills Financing Authority at a regular meeting held on the 14th day of April, 1998. ATTEST: Jeff Comerchero, Chairperson Susan W. Jones, CMC Acting City Clerk Authority Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan W. Jones, Secretary of the Winchester Hills Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WHFA 98- was duly adopted at a regular meeting of the Board of Directors of the Winchester Hills Financing Authority on the 14th day of April, 1998, by the following roll call vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, CMC Acting Authority Secretary/City Clerk EXHIBIT A WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) RATE AND METHOD OF APPORTIONMENT A Special Tax shall be levied and collected in Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) ("CFD No. 98-1 ") each Fiscal Year, in an amount determined by the Finance Director of the City of Temecula or her designee through the application of the procedures described below. All of the real property in CFD No. 98-1, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms used herein shall have the following meanings: "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 98-1: the costs of computing the Special Taxes and of preparing the annual Special Tax collection schedules (whether by the Finance Director or designee thereof or both); the costs of collecting the Special Taxes (whether by the Authority, City, or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent for any Bonds: the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under any Fiscal Agent Agreement; the costs of the Authority, City or designee in complying with the disclosure requirements of applicable federal and state securities laws and of the Act, including public inquiries regarding the Special Taxes, the costs associated with the release of funds from any escrow account; the costs of the Authority, City or designee related to an appeal of the Special Tax and an allocable share of the salaries of the City staff directly relating to the foregoing. Administrative Expenses shall also include amounts advanced by the City for any administrative purposes of CFD No. 98-1 including the costs of prepayment of annual Special Taxes; recordings related to the prepayment, discharge or satisfaction of Special Taxes; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes. CFD No. 98-1 Page 1 April 1, 1998 "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Authority" means the Winchester Hills Financing Authority. "City" means the City of Temecula, California. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of CFD No. 98-1. "Condominium" means a unit meeting the statutory definition of a condominium contained in California Civil Code, Section 1351. "County" means the County of Riverside, California. "Exempt Property" means all property located within the boundaries of CFD No. 98-1 which is exempt from the Special Tax pursuant Section F below. "Final Non-Residential Subdivision" means Non-Residential Property (i) for which a condominium plan has been approved by the City or a final map, parcel map or lot line adjustment has been recorded and (ii) for which building permits have or may be issued by the City for such Condominiums or lots located therein. "Final Residential Subdivision" means Residential Property (i) for which a condominium plan has been approved by the City or a final map, parcel map or lot line adjustment has been recorded and (ii) for which building permits have or may be issued by the City for such Condominiums or lots located therein. "Fiscal Year" means the period starting on each July 1 and ending on the following June 30. "Gross Acreage" means the acreage allocable to each Assessor's Parcel as set forth in Section D below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Sections C and D, that can be levied by the Authority in any Fiscal Year on any Assessor's Parcel. CFD No. 98-1 Page 2 April 1, 1998 "Non-Residential Property" shall mean up to 120.60 Gross Acres of property designated as such on the applicable Specific Plan or if no Specific Plan is approved, the land use plan map of the City of Temecula's General Plan, all as of February 1 of the Fiscal Year preceding the Fiscal Year in which the Special Tax is being levied. Property designated for non-residential development in excess of 120.60 Gross Acres shall be classified as Residential Property. "Parcel Acreage" means that acreage shown on the Assessor's Parcel Map for each Assessor's Parcel. In the event that the Assessor's Parcel Map shows no acreage, the Parcel Acreage for any Assessor's Parcel shall be that shown on the applicable condominium plan, final map or parcel map. For Condominiums located in a Final Non- Residential Subdivision, Parcel Acreage shall be determined by allocating the acreage of the underlying lot on which the Condominiums are or are to be constructed in proportion to the building square footage for each such Condominium unit. For Condominiums located in a Final Residential Subdivision, Parcel Acreage shall be determined by allocating the acreage of the underlying lot on which the Condominiums are or are to be constructed equally to each such Condominium unit. "Public Property" means property within the boundaries of CFD No. 98-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right- of-way has been granted to the federal government, the State of California, the City of Temecula or any local government or other public agency. "Residential Property" shall mean all property designated as such on the applicable Specific Plan or if no Specific Plan has been approved, the land use plan map of the City of Temecula's General Plan, all as of February 1 of the Fiscal Year preceding the Fiscal Year in which the Special Tax is being levied. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Non-Residential, Residential and Public Property that is Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount determined by the Finance Director or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) debt service for the calendar year which commences in such Fiscal Year on any bonds or other indebtedness of CFD No. 98-1, (3) any amount required to replenish any reserve fund established in connection with bonds issued by or for CFD No. 98-1, and (4) the costs of remarketing, credit enhancement and liquidity facility fees (including such fees for instruments that serve as the basis of a reserve fund in lieu of cash related to any such indebtedness). CFD No. 98-1 Page 3 April 1, 1998 Be Ce De "Taxable Property" means all property located within the boundaries of CFD No. 98-1 which is not exempt from the Special Tax pursuant Section F below and to which Gross Acres have been allocated pursuant to Section D below. "Taxable Public Property" means all Public Property located within the boundaries of CFD No. 98-1 which is not exempt from the Special Tax pursuant Section F below. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Taxable Property shall be classified as Non-Residential Property, Residential Property, or Taxable Public Property and shall be subject to the Special Tax in accordance with the Rate and Method of Apportionment described in Sections C and D below. MAXIMUM SPECIAL TAX RATES The Maximum Special Tax for any Fiscal Year for each Assessor's Parcel of Non- Residential and Residential Property shall be $1,960 and $3,212 per Gross Acre, respectively. ALLOCATION OF GROSS ACREAGE 1. Prior to Recordation of a Final Non-Residential or Residential Subdivision Gross Acreage for each Assessor's Parcel of Taxable Property for which neither a Final Non-Residential or Residential Subdivision has been recorded shall be all of the acreage within the boundaries of the Assessor's Parcel. 2. Final Non-Residential Subdivision Gross Acreage for a Final Non-Residential Subdivision shall be equal to the total acreage of the subdivision less the acreage for any backbone streets, parks, school sites, and open space exempted pursuant to Section F and located within such subdivision. Within a Final Non-Residential Subdivision, Gross Acreage shall be allocated to each Assessor's Parcel of Taxable Property for which a building permit(s) has or may be issued in proportion to the ratio of the Parcel Acreage of such Assessor's Parcel to the sum of the Parcel Acreage of all Assessor's Parcels of Taxable Property. 3. Final Residential Subdivision Gross Acreage for a Final Residential Subdivision shall be equal to the total acreage of the subdivision less the acreage for any backbone streets, parks, school CFD No. 98-1 Page 4 April 1, 1998 sites, and open space exempted pursuant to Section F and located within such subdivision. Within a Final Residential Subdivision, Gross Acreage shall be allocated equally to each Assessor's Parcel of Taxable Property for which a building permit(s) has or may be issued. In the event that a Final Residential Subdivision includes both single family detached units and Condominium units Gross Acreage shall first be allocated between the single family detached units and the Condominium units based on the percentage of total Parcel Acreage for such subdivision attributable to single family detached units and Condominium units. The resulting Gross Acreage in such subdivision for single family detached units shall then be allocated equally to each such unit. The resulting Gross Acreage for Condominium units shall also be allocated equally to each such unit. 4. Streets Not Located Within a Final Non-Residential or Residential Subdivision If any public (i.e., owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of-way has been granted to the federal government, the State of California, the City of Temecula or any local government or other public agency) or private street, other than the backbone streets exempted pursuant to Section F, is adjacent to but not located within a Final Non-Residential or Residential Subdivision, then such street acreage shall be included in the calculation of Gross Acreage. The amount of street acreage allocable to a Final Non-Residential or Residential Subdivision in such instance shall be determined by measuring from the exterior boundary of the subdivision to the center line of the street. If, however, Exempt Property is located on the opposite side of a street running adjacent to a Final Non-Residential or Residential Subdivision, then the street acreage allocable to such subdivision shall include the full right-of-way for the street. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 1998-1999 and for each following Fiscal Year, the Finance Director or designee shall determine the amount of Special Taxes to be collected in CFD No. 98-1. The Finance Director shall levy the Special Tax as follows until the amount of the levy equals the Special Tax Requirement. First: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property, exclusive of Taxable Public Property, located within a Final Non-Residential or Residential Subdivision which was recorded with the County of Riverside Recorder's Office as of the January 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax is being levied, up to 100% of the applicable Maximum Special Tax; CFD No. 98-1 Page 5 April 1, 1998 FJ Second: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property which is not located within a Final Non-Residential or Residential Subdivision, exclusive of Taxable Public Property, up to 100% of the applicable Maximum Special Tax, and Third: If additional monies are needed after the preceding two steps have been completed, then the Special Tax on all Taxable Public Property shall be levied up to 100% of the Maximum Special Tax for Residential Property. Notwithstanding the steps above, under no circumstances will the Special Taxes levied against any Assessor's Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any other Assessor's Parcel or Parcels within CFD No. 98-1 by more than ten (10) percent, pursuant to California Government Code Section 53321(d), as in effect on the date of formation of CFD No. 98-1. EXEMPTIONS The following shall be exempt from the Special Tax: All public (i.e., owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of-way has been granted to the federal government, the State of California, the City of Temecula or any local government or other public agency) and private streets. For purposes of Section D, up to 50.30 acres of backbone streets shall be excluded from the calculation of Gross Acreage. 25.00 acres of land to be dedicated to or acquired by the City for purposes of parks 10.00 acres of land to be dedicated to or acquired by the Temecula Valley Unified School District for purposes of a school site 47.90 acres of land to be dedicated to the City for open space If the total number of park, school site, and open space acres exceeds 82.90, then the acres exceeding such total shall be taxed as set forth in Section E. The above park, school site, and open space acres shall be exempted on a first in time basis. G. TERM The Maximum Special Tax will not be levied after fiscal year 2027-2028. CFD No. 98-1 Page 6 April 1, 1998 H. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 98-1 may collect Special Taxes at a different time or in a different manner as determined by the Finance Director of the City, if necessary to meet its financial obligations. K:\CLIENTS2\LENNAR\WINCHSTR\RMA\WINHILL6. WPD CFD No. 98-1 Page 7 April 1, 1998 Attachment 1 Prepayment of the Maximum Special Tax The Maximum Special Tax may only be prepaid for an Assessor's Parcel which (i) is located in a Final Non-Residential or Residential Subdivision or (ii) is Taxable Public Property. The Maximum Special Tax applicable to such Assessor's Parcel may be prepaid and the obligation of the Assessor's Parcel to pay the Maximum Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessofs Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Special Tax shall provide the City Finance Director with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City Finance Director or designee shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 60 days prior to any redemption date for bonds to be redeemed with the proceeds of such prepaid Maximum Special Tax. The Prepayment Amount shall be calculated as summarized below. Total: Redemption Amount plus plus plus less equals Redemption Premium Defeasance Administrative Fees and Expenses Reserve Fund Credit Prepayment Amount The Prepayment Amount shall be calculated as follows: Compute the Maximum Special Tax applicable to the Assessor's Parcel intending to prepay. Divide the Maximum Special Tax computed pursuant to paragraph 1 by the aggregate Maximum Special Taxes for CFD No. 98-1, exclusive of Maximum Special Taxes for Assessor's Parcels which have prepaid the Maximum Special Tax. If less than 50.30 acres of backbone streets, 25.00 acres of parks, 10.00 acres school site, and 47.90 acres of open space has been categorized as Exempt Property and excluded from the calculation of Gross Acreage, then the calculation of aggregate Maximum Special Taxes for CFD No. 98-1 shall be exclusive of the acreage equal to the difference of such amounts and the actual acres categorized as Exempt Property and excluded from the calculation of Gross Acreage; any such adjustment shall be made to the amount of Residential Property used in the calculation of the aggregate Maximum Special Taxes. Multiply the quotient computed pursuant to paragraph 2 by any outstanding bonds issued for CFD No. 98-1 (the "Redemption Amount"). Multiply the Redemption Amount by the applicable redemption premium, if any for any bonds to be redeemed with such prepayment (the "Redemption Premium"). If the reserve requirement will be reduced following the prepayment of the Maximum Special Tax and the redemption of bonds and the reserve funds required by the bond indenture are at or above 95% of the reserve requirement, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the bonds to be redeemed pursuant to the prepayment. If reserve funds are between 95% and 100% of the reserve requirement, the reserve fund credit shall be reduced in proportion to the amount of the deficiency (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve funds are below 95% of the reserve requirement. Compute the amount needed to pay interest on the Redemption Amount to be redeemed until the earliest redemption date. Compute the Special Tax paid with respect to the Assessor's Parcel during the current Fiscal Year and confirm that no Special Tax delinquencies apply to such Assessor's Parcel. The Assessor's Parcel shall receive a credit for any Special Taxes paid which have not yet been utilized to pay the Special Tax Requirement, but no credit shall be given for Special Taxes paid that have already been used to pay the Special Tax Requirement. Compute the amount CFD No. 98-1 will actually receive from the reinvestment of the Redemption Amount plus the Redemption Premium less the Reserve Fund Credit until the redemption date for any bonds that CFD No. 98-1 expects to redeem with the prepayment. Take the amount computed pursuant to paragraph 6 and subtract the amounts computed pursuant to paragraphs 7 and 8 (the "Defeasance "). 10. The administrative fees and expenses of CFD No. 98-1 are as calculated by the City Finance Director and include, but are not limited to, the costs of computation of the prepayment, the costs of removing any Special Taxes from the roll, the costs of redeeming bonds, and the costs of recording any notices to evidence the prepayment and the redemption of bonds (the "Administrative Fees andExpenses"). 11. The Maximum Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 9, and 10, less the amount computed pursuant to paragraph 5 (the "Prepayment Amount'D. The Prepayment Amount shall be applied pursuant to the Fiscal Agent Agreement. Notwithstanding the foregoing, no prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied in CFD No. 98-1 after the proposed prepayment is at least one hundred ten percent (110%) of the adjusted annual debt service of bonds issued for CFD No. 98-1, taking into account the amount of bonds to remain outstanding after such prepayment, as determined by the City Finance Director or designee. With respect to any Assessor's Parcel that is prepaid, the City shall cause a suitable notice to be recorded in compliance with the Act following receipt of such prepayment of Maximum Special Tax, to indicate the prepayment of the Maximum Special Tax and the release of the special tax lien (for the Maximum Special Tax) on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Maximum Special Tax shall cease. The Maximum Special Tax may also be prepaid in part. The amount of any partial prepayment shall be computed by multiplying the Prepayment Amount computed above by the percent of the Maximum Special Tax to be prepaid. K:\CLIENTS2~LENNARXWINCHSTR~RMA~REPAY3.WPD RESOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF TI-IE WINCHESTER HILLS FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) AND SUBMITTING PROPOSITION TO THE QUALIFIED EI.ECTORS OF THE DISTRICT WHEREAS, on February 24, 1998, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Winchester Hills 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" (the "Resolution of Intention") stating its intention to form the Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) (the "District"), pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); and WHEREAS, on February 24, 1998, this Board of Directors also adopted a resolution entitled "A Resolution of Board of Directors of the Winchester Hills Financing Authority of Intention to Incur Bonded Indebtedness of the Proposed Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing the costs of certain facilities specified in the Resolution of Intention; and WHEREAS, on this date, this Board of Directors held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the District, the refinancing of assessment liens by the District and the rate and method of apportionment of the special tax to be levied within the District to pay the costs of the principal and interest on the proposed indebtedness and the administrative costs of the City of Temecula (the "City") relative to the District; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the refinancing of assessment liens (the "Liens") and the levy of the special tax on property within the District were heard and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Winchester Hills Financing Authority of Formation of Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District" (the "Resolution of Formation"); and Wi~.REAS, on this date, this Board of Directors held the public hearing relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness; and W!tEREAS, no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk. NOW, Tm~g:gORE, BE IT RESOLVED by the Board of Directors of the Winchester Hills Financing Authority as follows: Section 1. The foregoing recitals are true and correct. Section 2. This Board of Directors deems it necessary to incur bonded indebtedness in the maximum aggregate principal amount of $16,000,000 within the boundaries of the District. Section 3. The indebtedness is incurred for the purpose of refinancing the Liens, as provided in the Resolution of Intention and the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to retinanee the Liens and the costs of the Authority and the City in establishing and administering the District. Section 4. The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The tax is to be apportioned in accordance with the formula set forth in Exhibit A to the Resolution of Formation. Section 5. The maximum amount of bonded indebtedness to be incurred is $16,000,000 and the maximum term of the bonds to be issued shall in no event exceed forty (40) years. Section 6. The bonds shall bear interest at rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable semiannually or in such other manner as this Board of Directors or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by this Board of Directors or its designee at the time or times of sale of said bonds. Section 7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353.5 of the Act. The time, place and conditions of said election shall be as specified by separate resolution of this Board of Directors. Section 8. This Resolution shall take effect upon its adoption. R:hVORTONLIAGENDAS1ClrDAGNDAIWNCHSTRIR£SODETE. WPD PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Winchester Hills Financing Authority at a regular meeting held on the 14th day of April, 1998. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC/Acting City Clerk Authority Secretary [SEAL] R:~310RTONLIAG£NDAS~CFDAGNDAlWNCH,$TR~R£$OD~V'I'~. WPD STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Secretary of the Winchester Hills Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WHFA 98- was duly adopted at a regular meeting of the Board of Directors of the Winchester Hills Financing Authority on the 14th day of April, 1998, by the following roll call vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, CMC Acting Authority Secretary/City Clerk R:I~VORTO~'I-,IA~FAVDA~CFDA(71~DA[IrOICttfi'IR~RF,,gOD~VTE. WPD RESOLUTION NO. WHFA 98- A ~LUTION OF THE BOARD OF DIRECTORS OF THE WINCHESTER HILLS FINANCING AUTHORITY CALLING SPECIAL ELECTION WHEREAS, on this date, this Board of Directors adopted a resolution entified "A Resolution of the Board of Directors of the Winchester Hills Financing Authority of Formation of Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District" (the "Resolution of Formation'), ordering the formation of Winchester Hills Financing Authority Community l~acilities District No. 98-1 (Winchester Hills) (the "District"), authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District; WHEREAS, on this date, this Board of Directors also adopted a resolution entitled "A Resolution the Board of Directors of the Winchester Hills Financing Authority Determining the Necessity to Incur Bonded Indebtedness Within The Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills)" (the "Resolution to Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $16,000,000 upon the security of said special tax to be levied within the District; and WHEREAS, pursuant to the provisions of said resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the District as required by Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"). NOW, THEREFORE, BE IT ~LVED by the Board of Directors of the Winchester Hills Financing Authority as follows: Section 1. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. Section 2. As authorized by Section 53353.5 of the Act, the three propositions described in paragraph 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A and by this reference incorporated herein. Said form of ballot is hereby approved. Resos.\whfa 98- I Section 3. This Board of Directors hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public heatings heretofore conducted and concluded by this Board of Directors for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Board of Directors finds that for purposes of these proceedings the qualified electors are the landowners within the District and that the vote shall be by said landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the District as of the close of said public hearings. Section 4. This Board of Directors hereby calls a special election to consider the measures described in paragraph 2 above, which election shall be held in the Temecula City Council Chambers immediately following adoption of this Resolution. The Secretary is hereby designated as the official to conduct said election. It is hereby acknowledged that the Secretary has on file the Resolution of Formation, a certified map of the boundaries of the District, and a sufficient description to allow the Secretary to determine the boundaries of the District. The voted ballots shall be returned to the Secretary no later than immediately following the adoption of this Resolution; and when all of the qualified voters have voted the election shall be closed. Section 5. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to Section 4000 of the California Elections Code. This Board of Directors hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section 4000 are applicable to this special election. Section 6. This Board of Directors acknowledges that the Secretary has caused to be delivered to each of the qualified electors of the District a ballot in the form set forth in Exhibit A hereto. Each ballot indicates the number of votes to be voted by the respective landowner to which it pertains. Each ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. Resos.\whfa 98- 2 Section 7. The Secretary shall accept the ballots of the qualified electors in the Temecula City Council Chambers upon and prior to the adoption of this Resolution, whether said ballots be personally delivered or received by mail. The Secretary shall have available ballots which may be marked at said location on the election day by said qualified electors. Section 8. This Board of Directors hereby further finds that the provision of Section 53326 of the Act requiting a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified electors of the District. There is on file with the Secretary a written petition executed by all of the qualified electors of the District requesting a shortening of the time for said special election to expedite the process of formation of the District and waiving any requirement for analysis and arguments in connection with the election. Accordingly, this Board of Directors finds and determines that said qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. This Board of Directors also finds and determines that the Secretary has concurred in the shortened time for the election. Section 9. The Secretary is hereby directed to publish in a newspaper of general circulation circulating within the District a copy of this resolution and a copy of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this Resolution. Section 10. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Winchester Hills Financing Authority at a regular meeting held on the 14th day of April, 1998. ATTEST: Jeff Comerchero, Chairperson Susan W. Jones, CMC Acting Authority Secretary/City Clerk [SEAL] ResosAwhfa 98- 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Secretary of the Winchester Hills Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. WHFA 98-.~ was duly adopted at a regular meeting of the Board of Directors of the Winchester Hills Financing Authority on the 14th day of April, 1998, by the following roll call vote: BOARDMEMBERS: NOES: BOARDMEMBERS: BOARDMEMBERS: Susan W. Jones, CMC Acting Authority Secretary/City Clerk Resos.\whta 98- 4 EXHIBIT A WINCHESTER HILLS FINANCIAL AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) OFFICIAL BALLOT SPECIAL TAX ELECTION (April 14, 1998) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the Secretary of the Winchester Hills Financing Authority no later than immediately after adoption of the resolution of the Board of Directors calling said election on April 14, 1998, either by mail or in person. The Secretary's office is located at 43200 Business Park Drive, Temecula, California 92589-9033. To vote, mark a cross (X) on the voting line after the word "YES~ or after the word ~NO*. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Secretary of the Winchester Hills Financing Authority and obtain another. BALLOT MEASURE: Shall the W'mchester Hills Financing Authority incur an indebtedness and issue bonds in the maximum aggregate principal amount of $16,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the Winchester Hills Financing Authority Community Facilities District No 98-1 (Winchester Hills) (the "District"), the proceeds of which will be used to retinanee certain assessment Hens described in the proceedings to form the District; shall a special tax payable solely from lands within the District be levied aramally upon lands within the District to pay for the principal and interest upon such bonds and the costs of the City of Temecula and the Authority in administering the District, and shall the annual appropriations limit of the District be established in the amount of $16,000,0007. Yes~ No: By execution in the space provided below, you also (a) certify that you are the fee title owner (or the duly authorized representative of the fee title owner) of the Riverside County Assessors Parcels indicated below, and (b) indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permined by Section 53326(a) and 53327(b) of the California Government Code. Number of Votes: 549 County Assessor's Parcels Owned by Property Owner: 910 100 007 910 240 001 911 180 015 910 100 008 910 261 001 911 180 023 910 110 013 910 261 002 911 180 028 910 110 015 911 060 009 911 630 001 910 110020 911 180002 911 630002 910 110 021 911 180 003 911 630 003 910 110 027 911 180 004 911 640 001 910 110076 911 180008 911 640003 910 120 008 911 180 009 WINCHESTER HILLS I LLC, a California limited liability company By: Stephen A. Bieri, Managing Member RE,SOLUTION NO. WHFA 98- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WINCHF~TER I:!H~LS FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN W/IERF_,AS, in proceedings heretofore conducted by this Board of Directors pursuant to Chapter 2.5 of Part 1 of Division 2 of Tifie 5, commencing with Section 53311, of the California Government Code (the "Act"), this Board of Directors on this date adopted a resolution entitled "A Resolution of the Board of Directors of the Winchester Hills Financing Authority Calling Special Election", calling for a special election of the qualified electors within the Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) (the "District"); and WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, said special election was held on this date, and the Secretary has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit A; and WHEREAS, this Board of Directors has reviewed said canvass and hereby approves it. NOW, THEREFORE, BE IT I~F. qOLVEr~ by the Board of Directors of the Winchester Hills Financing Authority as follows: Section 1. The issues presented at said special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $16,000,000, the levy of a special tax within the District to be levied in accordance with the rate and method of apportionment heretofore approved by this Board of Directors by its resolution adopted this date entitled "A Resolution of the Board of Directors of the Winchester Hills Financing Authority of Formation of Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills), Authorizing Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District", and the approval of an annual appropriations limit of not to exceed $16,000,000 pursuant to said resolution. Section 2. Pursuant to said Canvass on file with the Secretary, the issues presented at said special election were approved by the qualified electors of the District by more than two-thirds of the votes cast at said special election. Reso~.whfa\98- I Section 3. Pursuant to said voter approval, the District is hereby declared to be fully formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided in these proceedings and in the Act. Section 4. It is hereby found that all prior proceedings and actions taken by this Board of Directors with respect to the District were valid and in conformity with the Act. Section 5. The Secretary is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Riverside a notice of special tax lien in the form required by the Act, said recording to occur no later than fifteen days following adoption by the Board of Directors of this Resolution. Section 6. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Winchester Hills Financing Authority at a regular meeting held on the 14th day of April, 1998. Jeff Comerchero, Chairperson ATrEST: Susan W. Jones, CMC Acting Authority Secretary/City Clerk [SEAL] Re~o~.wh~\98- 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) S$ I, Susan W. Jones, Secretary of the Winchester Hills Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No, WHFA 98- was duly adopted at a regular meeting of the Board of Directors of the Winchester Hills Financing Authority on the 14th day of April, 1998, by the following roll call vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, CMC Acting Authority Secretary/City Clerk Reaos.whfa\98- 3 EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION WINCHESTER HILLS FINANCING AUTHORITY Community Facilities District No. 98-1 OVlNCHF~TER HILLS) I hereby certify that on April 14, 1998, I canvassed the returns of the election held on April 14, 1998, in the Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Votes Landowner Cast Votes YES NO Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) Special Tax Election, April 14, 1998. 549 RdLLOTMEASURE: Shall the Winchester Hills Financing Authority incur an indeb~.xltw. ss and issue bonds in the maximum aggregate principal amount of $16,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the Winchester Hills Financing Authority Community Facilities District No. 98-1 (W'uw. be~r Hi!l~) (the "Districff), the proceeds of which will be used to retinanee eertain assessment liens described in the proceedings to form the District; shall a special tax payable solely from lands within Ibe District be levied annually upon lands within the District to pay for the principal and interest upon such bonds and fi~e costs of the City of Temecula and the Authority in administering the District, and shall lhe annml appropriations limit of the District be established in the amount of $16,000,0007 IN wrrNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 14th day of April, 1998. Susan W. Jones, CMC Acting Authority Secretary/City Clerk Winchester Hills Financing Authority Resos.whfa\98- 4 ORDINANCE NO. WItFA 98- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE WINCHESTER HH2~ FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN THE WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) WHEREAS, on February 24, 1998, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Winchester Hills 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" (the "Resolution of Intention") stating its intention to establish the Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) (the "District") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"), to refinance certain assessment liens (the ~Liens"); ~, notice was published as required by the Act relative to the intention of this Board of Directors to form the District and to provide for the refinancing of the Liens; WHEREAS, this Board of Directors has held a noticed public hearing as required by Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to refinance the Liens; WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of said special taxes were heard, a community facilities district report was presented and considered by this Board of Directors and a full and fair heating was held; WHEREAS, subsequent to said heating, this Board of Directors adopted resolutions entitled "A Resolution of the Board of Directors of the Winchester Hills Financing Authority of Formation of Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills), Authorizing the Levy of a Special Tax Within the District and Preliminarily Establishing an Appropriations Limit for the District" (the "Resolution of Formation"), "A Resolution the Board of Directors of the Winchester Hills Financing Authority Determining the Necessity to Incur Bonded Indebtedness Within the Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills)" and "A Resolution the Board of Directors of the Winchester Hills Financing Authority Calling Special Election", which resolutions established the District, authorized the levy of a special tax with the District, and called an election within the District on the proposition of incurring indebtedness, levying a special tax, and establishing an appropriations limit within the District, respectively; and Ords.\98- 1 WHEREAS, an election was held within the District in which the eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Winchester Hills Financing Authority as follows: Section 1. By the passage of this Ordinance this Board of Directors hereby authorizes and levies special taxes within the District pursuant to California Government Code Sections 53328 and 53340, at the rates and in accordance with the method of apportionment set forth in Exhibit A to the Resolution of Formation (the "Rate and Method of Apportionment"). The special taxes are hereby levied commencing in fiscal year 1998-99 and in each fiscal year thereafter until payment in full of any bonds of the Authority issued for the District (the "Bonds"), and payment of all costs administering the District. Section 2. The Finance Director of the City of Temecula is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Rate and Method of Apportionment. Section 3. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method of Apportionment. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Rate and Method of Apportionment. Section 4. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method of Apportionment, and in the Resolution of Formation including, but not limited to, the payment of principal and interest on the Bonds, the replenishment of the rese~e fund for the Bonds, the payment of the costs of the Authority and the City of Temecula in administering the District and the costs of collecting and administering the special tax. Section 5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The City Finance Director is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District in each fiscal year until the Bonds are paid in full and provision has been made for payment of all of the administrative costs of the District. Notwithstanding the foregoing, the Finance Director of the City may collect one or more installments of the special taxes by means of direct billing by the Authority of the property owners within the District, if, in the judgment of the Finance Director, such means of collection will Ords.\98- 2 reduce the administrative burden on the Authority in administering the District or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the property owners. Whether the special taxes are levied in the manner provided in the first or the second preceding paragraph, the special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem laxes. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. Section 6. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected. Section 7. The Chairperson shall sign this Ordinance and the Secretary shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the City of Temecula. PASSED, APPROVE1) AND ADOPTED, by the Board of Directors of the Winchester Hills Financing Authority at a regular meeting held on the 28th day of April, 1998. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC Acting Authority Secretary/City Clerk [SEAL] Ord~.\98- 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 98- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of April 1998, 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 28th day of April 1998, by the following roll call vote: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, CMC Acting City Clerk Ord~.\98- 4 RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: Secretary Winchester Hills Financing Authority 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF SPECIAL TAX LIEN WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, Section 53311, et. seq., of the California Government Code (the "Act"), the undersigned Secretary of the Winchester Hills Financing Authority (the "Authority"), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the Board of Directors of the Authority, County of Riverside, State of California. The special tax secured by fixis lien is authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds of which are being used to refinance the assessment liens described on Exhibit B attached hereto and hereby made a part hereof, and otherwise to pay the costs of administering the below-mentioned community facilities district. The special lax is authorized to be levied within the Winchester Hills Financing Authority Community Facilities District No. 98-1 (W'mche,~r Hills), which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and canceled in accordance with hw or until ~e special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the California Government Code. The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit A attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special lax may he prepaid and permamntly satisfied and the lien of the special tax canceled are as set forth in said Exhibit A. Notice is fur~er given that upon the recording of this notice in the office of the County Recorder of the County of Riverside, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the W'u-rlw~r Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills), in accordance with Section 3115.5 of the California Streets and Highways Code. The name(s) of the owner(s) and the assessor's tax parcel number(s) of the real property included within this community facilities district and not exempt from the special tax are as set forth in Exhibit C attached hereto and hereby made a part hereof. Reference is made to the first amended boundary map of the community facilities district recorded at Book 42 of Maps of Assessment and Community Facilities Districts at Page 90, in ~ office of the County Recorder for the County of Riverside, State of California, which map is the boundary map of the community facilities district. For further information concerning the current and estimated future tax liability of owners or purchasers of real property or interesl~ therein subject ~o ~is special tax lien, interested persons should contact abe F'mance Direclor of the City of Temecula, 43200 Business Park Drive, Temecula, California 92589-9033, telephone number (909) 694~433. Dated: April 14, 1998. Susan W. Iones, CMC Acting Authority Secretary/City Clerk EXHIBIT A WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) RATE AND METHOD OF APPORTIONMENT A Special Tax shall be levied and collected in Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) CCFD No. 98-1") each Fiscal Year, in an amount determined by the Finance Director of the City of Temecula or her designee through the application of the procedures described below. All of the real property in CFD No. 98-1, unless exempted by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms used herein shall have the following meanings: "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part l, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 98-1: the costs of computing the Special Taxes and of preparing the annual Special Tax collection schedules (whether by the Finance Director or designee thereof or both); the costs of collecting the Special Taxes (whether by the Authority, City, or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent for any Bonds; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under any Fiscal Agent Agreement; the costs of the Authority, City or designee in complying with the disclosure requirements of applicable federal and state securities laws and of the Act, including public inquiries regarding the Special Taxes, the costs associated with the release of funds from any escrow account; the costs of the Authority, City or designee related to an appeal of the Special Tax and an allocable share of the salaries of the City staff directly relating to the foregoing. Administrative Expenses shall also include amounts advanced by the City for any administrative purposes of CFD No. 98-1 including the costs of prepayment of annual Special Taxes; recordings related to the prepayment, discharge or satisfaction of Special Taxes; and the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes. CFD No. 98-1 Page 1 April 1, 1998 "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Authority" means the Winchester Hills Financing Authority. "City" means the City of Temecula, California. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of CFD No. 98-1. "Condominium" means a unit meeting the statutory definition of a condominium contained in California Civil Code, Section 1351. "County" means the County of Riverside, California. "Exempt Property" means all property located within the boundaries of CFD No. 98-1 which is exempt from the Special Tax pursuant Section F below. "Final Non-Residential Subdivision" means Non-Residential Property (i) for which a condominium plan has been approved by the City or a final map, parcel map or lot line adjustment has been recorded and (ii) for which building permits have or may be issued by the City for such Condominiums or lots located therein. "Final Residential Subdivision" means Residential Property (i) for which a condominium plan has been approved by the City or a final map, parcel map or lot line adjustment has been recorded and (ii) for which building permits have or may be issued by the City for such Condominiums or lots located therein. "Fiscal Year" means the period starting on each July 1 and ending on the following June 30. "Gross Acreage" means the acreage allocable to each Assessor's Parcel as set forth in Section D below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Sections C and D, that can be levied by the Authority in any Fiscal Year on any Assessor's Parcel. CFD No. 98-1 Page 2 April 1, 1998 "Non-Residential Property" shall mean up to 120.60 Gross Acres of property designated as such on the applicable Specific Plan or if no Specific Plan is approved, the land use plan map of the City of Temecula's General Plan, all as of February 1 of the Fiscal Year preceding the Fiscal Year in which the Special Tax is being levied. Property designated for non-residential development in excess of 120.60 Gross Acres shall be classified as Residential Property. "Parcel Acreage" means that acreage shown on the Assessor's Parcel Map for each Assessor's Parcel. In the event that the Assessor's Parcel Map shows no acreage, the Parcel Acreage for any Assessor's Parcel shall be that shown on the applicable condominium plan, final map or parcel map. For Condominiums located in a Final Non- Residential Subdivision, Parcel Acreage shall be determined by allocating the acreage of the underlying lot on which the Condominiums are or are to be constructed in proportion to the building square footage for each such Condominium unit. For Condominiums located in a Final Residential Subdivision, Parcel Acreage shall be determined by allocating the acreage of the underlying lot on which the Condominiums are or are to be constructed equally to each such Condominium unit. "Public Property" means property within the boundaries of CFD No. 98-1 owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right- of-way has been granted to the federal government, the State of California, the City of Temecula or any local government or other public agency. "Residential Property" shall mean all property designated as such on the applicable Specific Plan or if no Specific Plan has been approved, the land use plan map of the City of Temecula's General Plan, all as of February 1 of the Fiscal Year preceding the Fiscal Year in which the Special Tax is being levied. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Non-Residential, Residential and Public Property that is Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount determined by the Finance Director or designee as required in any Fiscal Year to pay: (1) the Administrative Expenses, (2) debt service for the calendar year which commences in such Fiscal Year on any bonds or other indebtedness of CFD No. 98-1, (3) any amount required to replenish any reserve fund established in connection with bonds issued by or for CFD No. 98-1, and (4) the costs of remarketing, credit enhancement and liquidity facility fees (including such fees for instruments that serve as the basis of a reserve fund in lieu of cash related to any such indebtedness). CFD No. 98-1 Page 3 April 1, 1998 Be Do "Taxable Property" means all property located within the boundaries of CFD No. 98-1 which is not exempt from the Special Tax pursuant Section F below and to which Gross Acres have been allocated pursuant to Section D below. "Taxable Public Property" means all Public Property located within the boundaries of CFD No. 98-1 which is not exempt from the Special Tax pursuant Section F below. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Taxable Property shall be classified as Non-Residential Property, Residential Property, or Taxable Public Property and shall be subject to the Special Tax in accordance with the Rate and Method of Apportionment described in Sections C and D below. MAXIMUM SPECIAL TAX RATES The Maximum Special Tax for any Fiscal Year for each Assessor's Parcel of Non- Residential and Residential Property shall be $1,960 and $3,212 per Gross Acre, respectively. ALLOCATION OF GROSS ACREAGE 1. Prior to Recordation of a Final Non-Residential or Residential Subdivision Gross Acreage for each Assessor's Parcel of Taxable Property for which neither a Final Non-Residential or Residential Subdivision has been recorded shall be all of the acreage within the boundaries of the Assessor's Parcel. 2. Final Non-Residential Subdivision Gross Acreage for a Final Non-Residential Subdivision shall be equal to the total acreage of the subdivision less the acreage for any backbone streets, parks, school sites, and open space exempted pursuant to Section F and located within such subdivision. Within a Final Non-Residential Subdivision, Gross Acreage shall be allocated to each Assessor's Parcel of Taxable Property for which a building permit(s) has or may be issued in proportion to the ratio of the Parcel Acreage of such Assessor's Parcel to the sum of the Parcel Acreage of all Assessor's Parcels of Taxable Property. 3. Final Residential Subdivision Gross Acreage for a Final Residential Subdivision shall be equal to the total acreage of the subdivision less the acreage for any backbone streets, parks, school CFD No. 98-1 Page 4 April 1, 1998 sites, and open space exempted pursuant to Section F and located within such subdivision. Within a Final Residential Subdivision, Gross Acreage shall be allocated equally to each Assessor's Parcel of Taxable Property for which a building permit(s) has or may be issued. In the event that a Final Residential Subdivision includes both single family detached units and Condominium units Gross Acreage shall first be allocated between the single family detached units and the Condominium units based on the percentage of total Parcel Acreage for such subdivision attributable to single family detached units and Condominium units. The resulting Gross Acreage in such subdivision for single family detached units shall then be allocated equally to each such unit. The resulting Gross Acreage for Condominium units shall also be allocated equally to each such unit. 4. Streets Not Located Within a Final Non-Residential or Residential Subdivision If any public (i.e., owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of-way has been granted to the federal government, the State of California, the City of Temecula or any local government or other public agency) or private street, other than the backbone streets exempted pursuant to Section F, is adjacent to but not located within a Final Non-Residential or Residential Subdivision, then such street acreage shall be included in the calculation of Gross Acreage. The amount of street acreage allocable to a Final Non-Residential or Residential Subdivision in such instance shall be determined by measuring from the exterior boundary of the subdivision to the center line of the street. If, however, Exempt Property is located on the opposite side of a street running adjacent to a Final Non-Residential or Residential Subdivision, then the street acreage allocable to such subdivision shall include the full right-of-way for the street. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 1998-1999 and for each following Fiscal Year, the Finance Director or designee shall determine the amount of Special Taxes to be collected in CFD No. 98-1. The Finance Director shall levy the Special Tax as follows until the amount of the levy equals the Special Tax Requirement. First: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property, exclusive of Taxable Public Property, located within a Final Non-Residential or Residential Subdivision which was recorded with the County of Riverside Recorder's Office as of the January 1 of the Fiscal Year preceding the Fiscal Year for which the Special Tax is being levied, up to 100% of the applicable Maximum Special Tax; CFD No. 98-1 Page 5 April 1, 1998 Fo Second: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property which is not located within a Final Non-Residential or Residential Subdivision, exclusive of Taxable Public Property, up to 100% of the applicable Maximum Special Tax, and Third: If additional monies are needed after the preceding two steps have been completed, then the Special Tax on all Taxable Public Property shall be levied up to 100% of the Maximum Special Tax for Residential Property. Notwithstanding the steps above, under no circumstances will the Special Taxes levied against any Assessor's Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any other Assessor's Parcel or Parcels within CFD No. 98-1 by more than ten (10) percent, pursuant to California Government Code Section 53321(d), as in effect on the date of formation of CFD No. 98-1. EXEMPTIONS The following shall be exempt from the Special Tax: All public (i.e., owned by, irrevocably offered or dedicated to, or for which an easement for purposes of public right-of-way has been granted to the federal government, the State of California, the City of Temecula or any local government or other public agency) and private streets. For purposes of Section D, up to 50.30 acres of backbone streets shall be excluded from the calculation of Gross Acreage. 25.00 acres of land to be dedicated to or acquired by the City for purposes of parks 10.00 acres of land to be dedicated to or acquired by the Temecula Valley Unified School District for purposes of a school site 47.90 acres of land to be dedicated to the City for open space If the total number of park, school site, and open space acres exceeds 82.90, then the acres exceeding such total shall be taxed as set forth in Section E. The above park, school site, and open space acres shall be exempted on a first in time basis. G. TERM The Maximum Special Tax will not be levied after fiscal year 2027-2028. CFD No. 98-1 Page 6 April 1, 1998 H. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 98-1 may collect Special Taxes at a different time or in a different manner as determined by the Finance Director of the City, if necessary to meet its financial obligations. K:\CLIENTS2\LENNAR\WINCHSTR\RMA\WINHILL6.WPD CFD No. 98-1 Page 7 April 1, 1998 Attachment 1 Prepayment of the Maximum Special Tax The Maximum Special Tax may only be prepaid for an Assessor's Parcel which (i) is located in a Final Non-Residential or Residential Subdivision or (ii) is Taxable Public Property. The Maximum Special Tax applicable to such Assessor's Parcel may be prepaid and the obligation of the Assessor's Parcel to pay the Maximum Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Special Tax shall provide the City Finance Director with written notice of intent to prepay. Within 30 days of receipt of such written notice, the City Finance Director or designee shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 60 days prior to any redemption date for bonds to be redeemed with the proceeds of such prepaid Maximum Special Tax. The Prepayment Amount shall be calculated as summarized below. Total: Redemption Amount plus plus plus less equals Redemption Premium Defeasance Administrative Fees and Expenses Reserve Fund Credit Prepayment Amount The Prepayment Amount shall be calculated as follows: Compute the Maximum Special Tax applicable to the Assessor's Parcel intending to prepay. Divide the Maximum Special Tax computed pursuant to paragraph 1 by the aggregate Maximum Special Taxes for CFD No. 98-1, exclusive of Maximum Special Taxes for Assessor's Parcels which have prepaid the Maximum Special Tax. If less than 50.30 acres of backbone streets, 25.00 acres of parks, 10.00 acres school site, and 47.90 acres of open space has been categorized as Exempt Property and excluded from the calculation of Gross Acreage, then the calculation of aggregate Maximum Special Taxes for CFD No. 98-1 shall be exclusive of the acreage equal to the difference of such amounts and the actual acres categorized as Exempt Property and excluded from the calculation of Gross Acreage; any such adjustment shall be made to the amount of Residential Property used in the calculation of the aggregate Maximum Special Taxes. Multiply the quotient computed pursuant to paragraph 2 by any outstanding bonds issued for CFD No. 98-1 (the "Redemption Amount"). Multiply the Redemption Amount by the applicable redemption premium, if any for any bonds to be redeemed with such prepayment (the "Redemption Premium"). If the reserve requirement will be reduced following the prepayment of the Maximum Special Tax and the redemption of bonds and the reserve funds required by the bond indenture are at or above 95% of the reserve requirement, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the bonds to be redeemed pursuant to the prepayment. If reserve funds are between 95% and 100% of the reserve requirement, the reserve fund credit shall be reduced in proportion to the amount of the deficiency (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve funds are below 95% of the reserve requirement. Compute the amount needed to pay interest on the Redemption Amount to be redeemed until the earliest redemption date. Compute the Special Tax paid with respect to the Assessor's Parcel during the current Fiscal Year and confirm that no Special Tax delinquencies apply to such Assessor's Parcel. The Assessor's Parcel shall receive a credit for any Special Taxes paid which have not yet been utilized to pay the Special Tax Requirement, but no credit shall be given for Special Taxes paid that have already been used to pay the Special Tax Requirement. Compute the amount CFD No. 98-1 will actually receive from the reinvestment of the Redemption Amount plus the Redemption Premium less the Reserve Fund Credit until the redemption date for any bonds that CFD No. 98-1 expects to redeem with the prepayment. Take the amount computed pursuant to paragraph 6 and subtract the amounts computed pursuant to paragraphs 7 and 8 (the "Defeasance"). 10. The administrative fees and expenses of CFD No. 98-1 are as calculated by the City Finance Director and include, but are not limited to, the costs of computation of the prepayment, the costs of removing any Special Taxes from the roll, the costs of redeeming bonds, and the costs of recording any notices to evidence the prepayment and the redemption of bonds (the "Administrative Fees andExpenses"). 11. The Maximum Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 9, and 10, less the amount computed pursuant to paragraph 5 (the "Prepayment Amount"). The Prepayment Amount shall be applied pursuant to the Fiscal Agent Agreement. Notwithstanding the foregoing, no prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied in CFD No. 98-1 atter the proposed prepayment is at least one hundred ten percent (110%) of the adjusted annual debt service of bonds issued for CFD No. 98-1, taking into account the amount of bonds to remain outstanding after such prepayment, as determined by the City Finance Director or designee. With respect to any Assessor's Parcel that is prepaid, the City shall cause a suitable notice to be recorded in compliance with the Act following receipt of such prepayment of Maximum Special Tax, to indicate the prepayment of the Maximum Special Tax and the release of the special tax lien (for the Maximum Special Tax) on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Maximum Special Tax shall cease. The Maximum Special Tax may also be prepaid in part. The amount of any partial prepayment shall be computed by multiplying the Prepayment Amount computed above by the percent of the Maximum Special Tax to be prepaid. K:\CLIENTS2XLENNAR\W1NCHSTRXRMALPREPAY3.WPD i~HIBIT B ¥VINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) DESCRIPTION OF LIENS TO BE REFINANCED BY THE DISTRICT Special assessment liens levied on property in the District by the County of Riverside acting through its Assessment District 161 and through its Assessment District 156. EXHIBIT C WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTR~Cr NO. 98-1 (WINCHESTER HILLS) ASSESSOR°S PARCEL NUMBERS AND OWNER OF LAND WITHIN WINCHESTER HILLS FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 98-1 (WINCHESTER HILLS) Assessor's Parcel Nos. Name of Property Owner 910 100 007 910 100 008 910 110 013 910 110 015 910 110 020 910 110 021 910 110 027 910 110 076 910 120 008 910 240 001 910 261 001 910 261 002 911 060 009 911 180 002 911 180 003 911 180 004 911 180 008 911 180 009 911 180 015 911 180 023 911 180 028 911 630 001 911 630 002 911 630 003 911 640 001 911 640 003 Winchester Hills I LLC c/o The Stephen A. Bieri Company, Inc. 417 Carmel Street, Suite 200 San Marcos, CA 92069-4368 C-5 ITEM 12 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Susan W. Jones/Acting City Clerk April 14, 1998 Old Town Local Review Board Appointment RECOMMENDATION: an unexpired term. Appoint one applicant to the Old Town Local Review Board to fill BACKGROUND: Due to the resignation of Robert Gorham, an application was submitted to fill this unexpired term through May 15, 1999. The submitted application was forwarded to the subcommittee comprised of Mayor Pro Tern Ford and Councilman Lindemans for review and recommendation. Both Mayor Pro Tem Ford and Councilman Linderoans recommend the appointment of Paul F. Nielsen. ATTACHMENT: Copy of Application for Appointment R:IAGENDA.RPTIl. RB. APP 1 4/6/.98 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO THE OLD TOWN LOCAL REVIEW BOARD ! r r! 'N49 '~ 0 199o · Qualification Requirement:: Resident within the Old Town Redevelopment Sub Area 2. t'/C--~ L"~"-/-~.j..l. · of the City of Temecula O d Town Area o Owne Ope~r~or of a u ...... Business HOME PHONE: t~ 0 ~' g ~ ~- 0~:~ 0 OCCUPATION: EMPLOYER NAME: EDUCATIONALBACKGROUND/DEGREES: ~ A El-,~c-~.~,~.~ ' g~/~ LIST ANY RIVERSIDE COUNTY OR OTIIER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional pnper if necessary): 'T ~ ' I understand that any or allinformation on this form may be verified. I/consent to the reXl/mse of this : ' l info--ation for PU~ ~°~ion PiTSeS. PLEASE NOTE: A!/pi~,'ntlons will be]kept on f'de for considerntlon of future vacnncies. Return to: CRy C!erk's Office, 4320OBusiness Pnrk Drive (909) 694=~Z.~. OR Mnll to: P.O. Box 9033. Tomoculn. Cz. 92589-9033 r:\eommis~app form.lo~ ITEM 13 APPROVAL C~TY ATTORNEY D~RECTOR OF F~NAN~E C~TY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mike Brown, Fire Chief Genie Roberts, Director of Finance April 14, 1998 French Valley Fire Station No. 83 RECOMMENDATION: That the City Council authorize the sharing of operating costs with Riverside County for the French Valley Fire Station No. 83. BACKGROUND: A need currently exists to provide a higher level of Fire Services to the northern portion of the City of Temecula and the adjoining unincorporated County area. The general boundaries would include Roripaugh Road on the south, Kjersti Road on the north, Washington Street on the east and the City of Murrieta on the west. During 1997 the City of Temecula's Fire Department responded to 500 + calls within this area. Areas of the City which are within these boundaries include Roripaugh Hills, Winchester Creek and the northern portion of Meadowview. County areas include Silverhawk, Murrieta Hot Springs and French Valley Airport. The area is predominately residential with a light mix of commercial and business occupancies. The area in question is currently serviced by Fire Station No. 73, located on Enterprise Circle South at Winchester Road. Response time by Engine 73, to the intersection of Roripaugh Road and Winchester Road under ideal traffic conditions, is in excess of five minutes from the time the engine leaves the station. Response times beyond this intersection are obviously greater. These response times conflict with the Fire Department's UFire Protection Master Plan" which states that an urban fire station must be within three miles or five to six minutes of the area served. The Fire Department believes that improved response times and service levels can be obtained by staffing the currently existing fire station (83) at the French Valley Airport. It is anticipated that the currently existing call volume (500+), plus additional responses into the City of Temecula as the second or third due in engine, or as a move up and cover engine into the City, would mean a first year response load of 900 responses. The County Fire Department has proposed a partnership where the City of Temecula and Riverside County would jointly fund the staffing and operating costs of this fire station. The staffing level would be equivalent to current City levels (i.e., 3.0) to ensure and equal the level of service with other areas of the City, rather than the County standard of 2.0. The shared funding is believed to be an equitable split based on the area to be served and the projected R:lNORTONLb4GENDASiRRE#83. AGN 4,/7/98 service demand. (See the attached Exhibit A for cost figures.) The County Fire Department further proposes that staffing for this facility begins on July 1, 1998. FISCAL IMPACT: The City estimated cost of $445,412 will be included in the Fire Department 1998-99 operating budget. Attachments: French Valley Fire Station 83 Cost Estimates Service Levels for Fire Defense Planning R:iNORTONLb4GEND, A$1RR£#83..~GN County Cost Share City Cost Share French Valley Fire Station No. 83 Fiscal Year 1997-98 Three-Person Staffing Service Delivery I Captain Cost 2 Engineers $242,687 $242,524 6 Firefighter Ils $405,612 Total $890,823 $445,412 $445,412 Service Delivery Support Services Accounting Administration Automotive Communications Data Processing Dispatch Emergency Services Fire Prevention Hazardous Materials Team Personnel Public Affairs Training Volunteer Support ($113,691 ) Operating Services Facility Maintenance Fire Engine Fire Engine Equipment Fire Engine Maintenance First Aid Supplies Office Supplies/Equipment Radio Maintenance Telephone Training Utilities Vehicle Maintenance Capital Equipment ($107,491) ($13,529) SERVICE LEVELS FIRE DEFENSE PLANNING The "Fire Protection Master Plan" adopts the four (4) County General Plan Land Use categories. Consequently, Service Level capability is aligned with these same categories in identifying service required. Each of the Land Use categories require that criterion be fulfilled to validate ability to provide a required level of service. Enumerated below are the individual Service Level (categories) with appropriate qualifying criterion. Category I - Heavy Urban (Red) Fire Station within 1% miles or 3 minutes of area served. Category II - Urban (Orange) Fire Station within 3 miles or 5-6 minutes of area served. Category III - Rural (Lavender) Fire Station within 5 miles or 10 minutes of area served. Category IV - Outlying (Black Line) Fire Station within 8 miles or 15-16 minutes of area served. ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE,.~,.. CITY MANAGER ~-~,' CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager April 14, 1998 Development Impact Fee (DIF) Amendment Ordinance PREPARED BY: Mary Jane Mc Larney, Redevelopment Director Genie Roberts, Director of Finance RECOMMENDATION: 1. That the City Council read by title only and introduce an Ordinance entitled: ORDINANCE NO. 98- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 15.06.020 OF THE TEMECULA MUNICIPAL CODE REGARDING TIME OF PAYMENT OF DEVELOPMENT IMPACT FEES FOR MOBILE HOME PARKS AND ADDING SECTION 15.06.050 A.3. TO THE TEMECULA MUNICIPAL CODE PERTAINING TO DEVELOPMENT IMPACT FEE REDUCTIONS FOR PROJECTS PROVIDING DEMONSTRABLE FINANCIAL BENEFIT TO THE CITY That the City Council review and approve a resolution entitled: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 5., AUTOMATIC ADJUSTMENTS IN AMOUNT OF FEES FOR DEVELOPMENT, OF RESOLUTION 97-94 WHICH ESTABLISHED AND IMPOSED A PUBLIC FACILITIES DEVELOPMENT IMPACT FEE R:INORTONL IAGENDASIDIFSTAFF. AGN 1 4/7/98 DISCUSSION: On August 26, 1997, the City Council adopted a Development Impact Fee Ordinance setting impact fees for residential, commercial and industrial development. Since then the City Council has identified a policy change and staff has also identified two areas to improve the efficiency of the DIF ordinance and resolution. The City Council has requested staff to revise the ordinance to allow adjustments to development impact fees for commercial and industrial users based upon the financial and economic benefit of the use to the City. The attached amendment is consistent with the efforts of the City to attract businesses with jobs and tax base. Planning Department staff is requesting a change of Section 15.060.020 to clarify that the DIF for mobile homes be paid prior to the first mobile home being located on the property. The current DIF ordinance requires mobile homes in a park to pay development impact fees, however, because no City permits or certificates of occupancy are required for mobile home units the time for payment of the DIF by a mobile home park needed to be clarified. This amendment would require the DIF to be paid prior to the space being used. Finally, staff is requesting a change of Section 5 of the resolution to require that the cost of living adjustment to the fee commence on July 1, 1998, instead of January 1, 1998, to coincide with the annual adjustment of non-residential Development Impact Fees approved by Council. Staff is also recommending that this adjustment be handled administratively at a staff level without requiring Council approval. FISCAL IMPACT: The fiscal impact will be determined on a case by case basis. It is expected that any decreased DIF would be offset by the positive economic impact of the development. Attachments: Ordinance No. 98- Resolution No. 98- R:INOR TONL ~A GENDA $1DIFS TAFF. A GN 2 4/7/98 ORDINANCE NO. AN ORDINANCE OF ~ CITY COUNCIL OF ~ CITY OF TEMECI. R,A AMENDING SECTION 15.06.020 OF THE TEMECULA MUNICIPAL CODE REGARDING TIME OF PAYMENT OF DEVELOPMENT IMPACT FEES FOR MOBII,E HOME PARKS AND ADDING, SECTION 15.06.050 A.3. TO ~ TEMECULA MUNICIPAL CODE PERTAINING TO DEVELOPMENT IMPACT F~ REDUCTIONS FOR PROJECTS PROVIDING DEMONSTRABIJ~ FINANCIAL BENEFIT TO ~ CITY The City Council of the City of Temecula DOES m~EBY ORDAIN as follows: Section 1. declares that: The City Council of the City of Temecula hereby finds, determines and A. The City has enacted Chapter 15.06 of the Temecula Municipal Code providing for development impact fees to mitigate the impacts of that development on the City's public facilities. B. Chapter 15.06 recognizes that certain developments will meet its obligations to mitigate the impacts on public facilities by constructing certain regional facilities or by contributing to construction of the facilities through other public financing mechanisms and provides a procedure for reducing development impact fees under these circumstances. C. The addition of Section 15.06.050 A.3. to Chapter 15.06 further recognizes the fact that certain development will have a significant financial and economic benefit upon the City. Such benefits directiy increase the City's available tax revenues and enable the City to pay for the public facilities required to meet the demands of development within the City and to provide other City services. Therefore, in recognition of such financial and economic benefits to the City, the development impact fees on certain developments can be reduced without an adverse impact on the City's ability to generate revenues sufficient to address the need for public facilities generated by new development within the City. 1) Section 15.06.020 is being modified only to clarify the time at which development in-q~act fees for mobile home parks will be paid. No other changes are being made to Section 15.06.020. g~tion 2. read as follows: Section 15.06.020 of the Temecula Municipal Code is hereby amended to R: INOR TONL 1.4 GENDA $1DIF$ TA FF.A GN 3 4/7/~8 "15.06.07.0 Residential l~blic Facilities Development Irrtpaet Fee Required. ~A. Except as provided in Sections 15.06.040 and 15.06.050, a developer shall pay a public facilities development impact fee for each building which is part of a residential development, in an amount established by resolution of the City Council, upon final inspection for that building, or the date the certificate of occupancy is issued for that building, whichever occurs first, or in the ease of mobile home parks, the fee for all potential units within the entire park shall be paid prior to the first mobile home being placed within the park; provided, however, that if a residential development contains more than one dwelling, the Director of Community Development may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first, or in the case of a mobile home park when the unit is placed within the park; on a pro rata basis when a certain percentage of the dwellings have received their final inspection or certificate of occupancy, whichever occurs first; or on a lump-sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first. If the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the Director of Community Development may require the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time specified above. The contract shall be recorded with the Riverside County Recorder and shall constitute a lien for the payment of the fee. "B. For purposes of this Section, Urinal inspection~ or "certificate of occupancy, shall be defined as that term is defined in Government Code Section 66007, as amended." Section 3. to read as follows: Section 15.06.050 A.3. is hereby added to the Temecula Municipal Code "3. Any developer of non residential property whose development is subject to the public facilities development impact fee required by this Chapter may apply to the Director for a full or partial reduction of that fee based upon significant financial and economic benefit to the City of the proposed development. In determining the significant financial and economic benefit to the City of the proposed development, the Council shall consider the following factors: Jobs created by the development; average annual salary of jobs created; multiplier effect of jobs created; tax revenue to the City or the City's redevelopment agency generated by the development; effect of the development upon the economic development of the City; and infrastructure needs generated by the development. The Council shall in its sole discretion determine, by resolution of the Council, whether to grant a reduction in development impact fees based upon the significant financial and economic benefit to the City of the development and the Council's decision shall be final and conclusive. The application for such a reduction in fees shall be filed with the Director of Community Development no later than July 1, 1998 or ninety (90) days following issuance of a building permit for the development, whichever is later. The application shall be on a form approved by the Director of Community Development and shall contain such information as required by the Director. The Director shall R: INOR TONI. IA GENDA S~DIFS T~4FF. R ON 4 4/7/88 schedule the application to be heard by the City Council at a public hearing within forty five (4:5) calendar days of filing. Sections 1:5.06.0:50 B. and C. shall not apply to applications for fee reductions under this subsection. If the development impact fees have been paid prior to Council action reducing the fees, the Council may order a refund in accordance with its action." Section 4. 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 5. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in the manner required by law. PASSED, APPROVED, AND ADOFrED, by the City Council of the City of Temecula this 14th day of April, 1998. ATTEST: Ron Roberts, Mayor Susan W. Jones, CMC Acting City Clerk [s~] R: INOR TO NL IA OENDA SIDIF$ TAFF. A ON 6 4/7/98 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 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 April, 1998, by the following vote: COUNCILlVlEMBERS: NOF~: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC Acting City Clerk R: {NOR TONL ~A GENDA ${DIF$ TA FF.A GN 6 4/7/~ 8 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TE31ECULA AMF~NDING SECTION 5, AUTOMATIC ADJUSTMENTS IN AMOUNT OF FEES FOR DEVELOPMENT, OF RESOLUTION NO. 97-94 WIIICH ESTABLISHF.,D AND IMPOSED A PUBLIC FACILITIES DEV~JOPMENT IMPACT FEE NOW, T!tl~FJzOR!~, BE IT R~OLVED by the City Council of the City of Temecula as follows: Section 1. declare as follows: The City Council of the City of Temecula does hereby find, determine and A. On May 27, 1997, the City Council adopted Ordinance No. 97-09 establishing Chapter 15.06 of the Temecula Municipal Code, Public Facilities Development Impact Fee, which was modified by Ordinance No. 97-14 on August 26, 1997. B. On May 12, 1997 the City Council adopted Resolution No. 97-45 which established the Development Impact fees and on August 12, 1997 the City Council restated and modified Resolution No. 97-45, by Resolution No. 97-94. C. The Council desires to modify Section 5 of Resolution No. 97-94, Automatic Adjustments in Amount of Fees for Development, so as to clarify the date when such adjustments will begin and simplify the procedures for making the adjustments. The modifications to Section 5 of Resolution No. 97-94 do not increase the development impact fees approved therein. Section 2. Section 5 of Resolution No. 97-94 is hereby amended to rea__d as follows: "Section 5. Automatic A~n.qtments in Amonnt of Fees for Development. Commencing on July 1, 1998, the fees as established and imposed by this Resolution, including the designated increases on "Exhibit B" shall be adjusted as of July 1 of each year based upon the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index (the "BCV) for the Los Angeles Metropolitan Area (BCI) for the twelve month period prior to May 1 of the year in which the change will be effective. The Director of Finance shall compute the percentage difference between the BCI on May 1 of the year in which the change will be effective and the BCI for the previous May 1. (As an example, effective July 1, 1998 the Development Impact Fees will be adjusted by the percentage difference in the BCI between May 1, 1997 and May 1, 1998.) The Director of Finance shall then adjust by such percentage the fees established and imposed by this Resolution. The adjusted amounts shall be rounded to the nearest dollar. These amounts shall constitute the fees authorized by Chapter 15.06 of the Temecula Municipal Code and established and imposed by this Resolution as of July 1 of the year in which an adjustment is made. Should the BCI be revised or discontinued, the Director of Finance shall use the revised index or a comparable index for determining fluctuations in the cost of development. The determination of the Director of Finance pursuant to this Section shall be set forth in a memorandum to the City Manger and shall describe the changes in fees and the method used to calculate the change in fees. ~ Section 3. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have adopted this Resolution, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. PASSED, APPROVI;I~ AND ADOPTED by the City Council of the City of Temecula this 14th day of April, 1998. Ron Roberts, Mayor ATFEST: Susan Jones, CMC Acting City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 98- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 14th day of April, 1998, by the following vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCIL~ERS: Susan Jones, CMC Acting City Clerk Approved as to Form: Peter M. Thorson City Attorney ITEM 15 Oral Presentation