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HomeMy WebLinkAbout052896 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 COMMUNITY RECREATION CENTER 30875 RANCHO VISTA ROAD MAY 28, 1996 - 7:00 PM 5:30"PM -@Closed Session of the City@:CounclilTemecula Redevelopment Agency pursuant to GovernmentCodeSections:@@ concerning 1. 54956.8. CONFERENCE:WITH REAL PROPERTY NEGOTIATOR, negotiation of price and terms of payment for real@@propeirty:@. @a. 28496 Pujol Street (APN 933-064 006), negotiating parties@'are Temecula Redevelopment Agency ('A enc 'I and @Great Western Bank. 9 y b. 28497 @and@@28485.@Puiol Street (APN@@922 .054-016 @and:020),@ negotiating parties are@ 'Agency' and Federal'.Deposit lnsurance'Corporation t'FDIC") C.:28599 and@28565@Pujol Street (APN 922-054-018 and 019). negotiating] arties are p .Agency' and@ FDIC. d. 28747 Puiol@@Street I@(APN 922-062-020)@and:'approximately@@@seven acres @at the@ southwest corner@ of @ Pujol and First South@ (APN 922-260-015, @024 and @02 negatiatina"Darties are @City and Temecula Redevelopment Agenc @and:R.A.@@@and @C.E. @:Normandin.@ e.@ Approxi@iBtel@@,l 0.53 acres at@north east corner of Pujol:@and @@First@ Street (APN 922 061,02@l@) negotiating@partie@@are:@City and FDIC: as receiver for Gibraltar Savincis. FA f.A proxiniately':@1.5acres@:at@the@Southeast cornerof Puiol 6nd@First@Streets@IAPN'922-100- p @003); negotiating parties are Citv and Temecula Town Association. g. A pibximately .1 9 acres at the north east corner@ of First Street and Front Street (APN 922- p 072-012).@negotiating parties are City@@and@Mason, Marshburn..,. ac h. Approximately 4.48. . tes @at @th'e:east side @of Front south @of Santiago Road (APN 922-091 - 003),i negotiating parties are City and Matthews et@ al. i. Approximfitel*@'1:.7:'acr6sorithe'siDuth'sideof,First@Street,':east@of@PuiolStreet(APN 922-100- 017)@andapproximately@1.4acres@at@southwestcornerFrontandFirst@(APN.922-100-018); negotiating parties are,City and Richard and Marilyn Gabriel, Approximately 1-2 'acres located southerly of@@Rancho California Road and Westerly@@@of Rancho @Hightands Drive@(APN '944-330-002-1 and 010-8);@negotiating parties are City and KIFKLA Rancho Realty' and' Bedford Proi)erties. 2. @54956.9(al,@'@Pendinq@lifi@atibn,@Peatt v.@ City@@of Temec@. R:\Agerida\062896 At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 1 0:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. Next in Or@r Ordinance: No. 96-13 Resolution: No. 96-66 CALL TO ORDER: Mayor Karel Lindemans presiding Prelude Music: Tracy Milner Invocation: Monty Sharp, Director of Student Venture, Lamb's Fellowship Flag Salute: Councilmember Roberts ROLL CALL: Birdsall, Ford, Roberts, Stone, Lindemans PRESENTATIONS/ Proclamation - "Arts Appreciation Week" PROCLAMATIONS PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or are listed on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item = listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a 'Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPOM 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 (1 0) minutes will be devoted to these reports. R:@ands\052898 2 CONSENT CALENDAR NOTICE TO THE PUUM 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. 1Standard Ordinance Adol2tion Procedure RECOMMENDATION: 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2Approval of Minutes RECOMMENDATION: 2.1Approve the minutes of May 14, 1996. 3Resolution Approvina List of Deman@ RECOMMENDATION: 3.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4City Council Policy Practice and Procedure Workshoo RECOMMENDATION: 4.1Conduct a City Council Policy Practice and Procedure Workshop. R:\Agenda\062896 3 5Award of Contract for City Hall Modifications and Tenant Improvements Project No. PW95- 2-2 RECOMMENDATION: 5.1Award a contract for City Hall Modifications and Tenant Improvements Project No. PW95-22 to Tovey/Shultz Construction, Inc. in the amount of $1,255,000.00 and authorize the Mayor execute the contract. 5.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $125,500.00 which is equal to 10% of the contract amount. 5.3Appropriate $1,380,500.00 from Development Impact Fees to Capital Projects Account No. 210-199-650-5804. 6"No Parkina' Zones on Rustic Glen Drive RECOMMENDATION: 6.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHIN( A "NO PARKING" ZONE ON RUSTIC GLEN DRIVE EAST OF MARGARITA ROAD AS SHOWN ON EXHIBIT'B' 7All-Way "Stop" - Maraarita Road at Rustic Glen Drive RECOMMENDATION: 7.1Adopt a resolution entitled: RESOLUTION NO. 96- ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING ATEMPORARY "STOP" CONTROL ON MARGARITA ROAD AT RUSTIC GLEN DRIVE R:@erida\052896 4 8Accept a Permanent Easement for Public Street, S1012e and Drainage Purposes at the MWp Fee Parcel and Calle Girasol/Calle Chapos for the Walcott Corridor Project PW94-10 RECOMMENDATION: 8.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING A PERMANENT EASEMENT FOR PUBLIC STREET, SLOPE AND DRAINAGE PURPOSES AT THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FEE PARCEL AND CALLE GIRASOL/CALLE CHAPOS FOR THE WALCOTT CORRIDOR 9Award of Professional Services Contract to Trans-Pacific Consultants for the Desicin of the FY95-96 Pavement Management Proiect No. PW95-28 RECOMMENDATION: 9.1Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Trans-Pacific Consultants (TPC) to provide Engineering Services for the design of the FY95-96 Pavement Management Project - Project No. PW95-28 for an amount not to exceed $44,270.00. 10Acceptance of Public Streets into the City-Maintained Street System (Within Tract No. 20882-1) (Located northeasterly of the intersection of Margarita Road at Moraga Road) RECOMMENDATION: 10.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 20882-1) R:\Agenda\062896 5 1 1Completion and Acceptance of the Construction of the Barrier Rail on Front Street at Empire Creek, Project No. PW95-17 RECOMMENDATION: 11.1Accept the construction of the Barrier Rail on Front Street at Empire Creek Project No. PW95-17, as complete; 11.2Direct 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; 1 1.3Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 12Award of Construction Contract for Maintenance Project No. 95-96-31 - Banner Pole replacements Reglacement. Located at Front Street and Calle Cortez RECOMMENDATION: 12.1Award a contract for Maintenance Project No. 95-96-31 - Banner Pole replacements located at Front Street and Calle Cortez to Lekos Electric Inc. for $1 3,000.00 and authorize the Mayor to execute the contract. 12.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,300.00 which is equal to 10% of the contract amount. 13Purchase of lmaaing Software RECOMMENDATION: 1 3.1Approve the expenditure of $29,905.43 for the purchase of LaserFiche software to complete phase one of the city-wide imaging program. SECOND READING OF ORDINANCES 14Second Readina of Ordinance No. 96-10 RECOMMENDATION: 14.1Adopt an ordinance entitled: ORDINANCE NO. 96-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0027, AMENDING THE TEXT WITHIN SPECIFIC PLAN NO. 199 TO ALLOW HOUSING SIZES TO A MAXIMUM OF 3,200 SQUARE FEET ON PROPERTY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MEADOWS PARKWAY, SOUTH OF LA SERENA WAY, WEST OF BUTTERFIELD STAGE ROAD AND KNOWN AS PLANNING AREAS 6, 10, 11 AND 12 OF SPECIFIC PLAN NO. 199 (MARGARITA VILLAGE) R:\Agenda\062896 6 1 5Second Readina of Ordinance No. 96-11 RECOMMENDATION: 15.1Adopt an ordinance entitled: ORDINANCE NO. 96-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28 OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON RANCHO CALIFORNIA ROAD BETWEEN DIAZ ROAD AND MORAGA ROAD 16Second Readina of Ordinance No. 96-12 RECOMMENDATION: 16.1Adopt an ordinance entitled: ORDINANCE NO. 96-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON MARGARITA ROAD BETWEEN SOLANA WAY AND RANCHO CALIFORNIA ROAD RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING, TEMECULA REDEVELOPMENT MEETING. OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING R:\Agenda\062BS6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance:No. CSD 96-01 Resolution: No. CSD 9 CALL TO ORDER: President Ron Roberts ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts PUBLIC COMMENT: A total of 1 5 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 @ listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a 'Request to Speak" form must be filed with the City Clerk before the Board of Directors gets to that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors, should present a completed pink 'Request to Speak' to the City Clerk. When you are called to speak, please come forward and state your name and address for the rec@ CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1Approve the minutes of May 14, 1996. 2Community Services Recreation Brochure RECOMMENDATION: 2.1Approve purchase order of $1 5,618 from Graphics Unlimited to print one (1) issue of the Community Services Brochure. R:@enda\052896 8 DEPARTMENTAL REPORT GENERAL MANAGERS REPORT - Bradley DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: June 11, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:\Agerida\062896 9 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance:No. RDA 96-01 Resolution:No. RDA 96-1 3 CALL TO ORDER: Chairperson Patricia H. Birdsall presiding ROLL CALL: AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall PUBLIC COMMENT: A total of 1 5 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 = 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 May 28, 1996. AGENCY BUSINESS 2Funding for Year Two of the Old Town Mainstreet Association RECOMMENDATION: 2.1Authorize the payment of $60,000 to fund Year Two of the Main Street Program. 2.2Provide direction to the Executive Director regarding the level of interaction between the Agency and the Old Town Mainstreet Association's Board of Directors. R:\Agenda\062896 10 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: Rancho Vista Road, Temecula, California. June 11, 1996, 7:00 PM, Community Recreation Center, 30875 R:@erida\062896 I 1 OLD TOWN WESTSI NITY FACILITIES DISTRICT FINANCING AUTHORITY Next in Order: Ordinance No. FA 96-02 Resolution No. FA 96-08 CALL TO ORDER: President Patricia H. Birdsall ROLL CALL: Ford, Lindemans, Roberts, Stone, Birdsall PUBLIC COMMENTS A total of 1 5 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item @ listed on the Agenda a pink "Request To Speak' form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address, CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 14, 1996. AUTHORITY BUSINESS 2Financinas for Old Town Area Public Improvements and the Western Bypass Corridor RECOMMENDATION: 2.1Adopt a resolution entitled: RESOLUTION NO. FA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 1 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN R:@endeNO62896 1 2 2.2Adopt a resolution entitled: RESOLUTION NO. FA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWNFWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 1, APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND OTHER RELATED DOCUMENTS AND ACTIONS ADJOURNMENT Next regular meeting: June 11, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:@enda\052896 1 3 RECONVENE TEMECULA CITY COUNCIL 1 7Purchase of Computers for Temecula Police Department RECOMMENDATION: 17.1Authorize the Temecula Police Department to purchase eight computers and monitors from Jaguar Computer Systems for a total price of $1 5,499. DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next meeting: June 5, 1996, CIP Workshop, 5:30 PM, Temecula City Hall, 431 74 Business Park Drive, Temecula, California. Next regular meeting: June 11, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:%Age@ID62896 14 PROCLAMATIONS AND PRESENTATIONS e Cify of Temecula PROCLAMATION @EREAS, the purpose of the Temecula @ Counca is to s@ulate the growth of visual and performing arts wi@ the community; and V*THEREAS, the Arts Council is further dedicated to fhe promotion and facilitation of education relative to the aaii; and REAS, a, @er goJ is to "" in@dual @s" and aA organizations and to create a network for coo@afiou and o@g of resources; and NMEREAS, the Temecula @ Council desires to encourage construction of facilities to house and enhance performing "U; NMEREAS, the Ar" Councd wM sponsor the S" Annual @ Festival This year beginning June 2, 1996, featuring arts displays including a chddren's Art-in-the- Park, an art show, @ers, dancers and in enibd performances, and a fident showcase. NOW, THEREFORE, 1, Karel F. Lindemans, on behalf Df the CitT Council of the City of Temecula, hereby proclaim the weel of June 2nd, 1996, to be fl@x4 @ @edtl IN SS REOF, I have hereunto set my hand and caused the S@ of the City of Temecula to be affixed this 28th day of May,, 1996. @l F. Linaemans, Mayor June S. Greek, CMC City Clerk I ITEIN4 1 7 ITEI\4 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MAY 14, 1996 A regular meeting of the Temecula City Council was called to order at 7:05 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Karel F.Lindemans presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. EXECUTIVE SESSIQN A meeting of the City of Temecula City Council was called to order at 5:30 PM. It was duly moved and seconded to adjourn to Executive Session pursuant to Government Code Sections: 1. 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, real property located at 28535 Pujol Street (APN 922-054-004) and 28545 Pujol Street (APN 922-054-005), Temecula. The negotiating parties are: Temecula Redevelopment Agency and Elizabeth Otto. Under negotiation will be the price and terms of payment for the real property. 2.54956.9(a), existing litigation, Pratt/Hoxsey v. City of Temecula et al. 3.54956.9(a), existing litigation, Strachota Insurance Aciency v. City of Temecula et al. 4.54956.9(a), existing litigation, Lockeed/Martin v. City of Temecula, et al. The motion was unanimously carried. PRELUDE MUSIC The prelude and intermission music was provided by Rachael Wunsch. INVOCATION The invocation was given by Pastor Troy Shedeed, New Covenant Fellowship Center. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Ford. Minutes\5\14\96 -1- 05/22/96 City Councel Minutes May 14, 199a PRESENTATIONS/ PROCLAMATIONS Mayor Lindemans proclaimed May 16, 1996 to be, "California Bike Commute Day." Mayor Lindemans proclaimed May 1 5, 1996 to be, "Transit Appreciation Day." Mayor Lindemans proclaimed June 1, 1996 as "Stand for Children Day." PUBLIC COMMENTS Barbara Pearson, 30150 Via Monterey, addressed the City Council regarding T.O.T.A.L.'s recent law suit and requested that Mr. Pratt and Mr. Hoxsey direct their efforts towards a more positive cause. Ed Dool, 41920 Sixth Street, requested that T.O.T.A.L. immediately cease and desist all further actions regarding the current litigation that has been filed. He asked that the merchants be given an opportunity to make their businesses successful. COUNCIL REPORTS Councilmember Birdsall announced that the Public Safety Expo has been postponed until the Fall, due to the early fire season. Councilmember Stone reported on the Citizen's for a Safer Temecula meeting and requested recommendations on new litigation regarding registration of sex offenders be placed on the agenda for discussion in four weeks. Councilmember Stone requested staff research an "anti-vandalism" ordinance. He also thanked Patricia Novotney of the Temecula Valley School District for her letter opposing AB 3053. Councilmember Roberts thanked all volunteers and participants of this year's Balloon and Wine Festival and presented the City with a check for $5,000 as repayment for seed money loaned to the festival in 1 991 . Councilmember Roberts reported that he and Councilmember Ford attended Riverside County Children's and Youth Summit in Palm Desert this past week. He requested that a joint meeting between the City Council and the Temecula Valley Unified School District Board be set up to discuss planning a Temecula Youth Summit. CONSENT CALENDAR City Clerk June Greek informed the City Council she received a request to speak on Item No. 20.Mayor Lindemans removed Item No. 20 from the Consent Calendar for discussion. Minutes\5\1 4\96 -2- 05/22/96 City Council Monutes May 14, 19U Councilmember Roberts requested the removal of Item No. 1 8 from the Consent Calendar. Councilmember Stone spoke on Item No. 6 stating that Moreland and Associates have agreed to waive their 4% increase in fees for the years two and three.. Councilmember Stone requested the removal of Item No. 7 and 21 and registered an abstention on Items No. 12 and 16. He asked a question on Item No. 14, stating he is in favor of staff recommendation but requested that the installation of the signal be expedited. Public Work Director Joe Kicak stated that the 5 months for installation was due to ordering requirements of the controller box and poles. Mayor Lindemans stated he would abstain on Item No. 23. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve Consent Calendar Items 1-6, 8-17, 19, 20-26, with Councilmember Stone abstaining on Items 12 and 16 and Mayor Lindemans abstaining on Item No. 23. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1.Standard Ordinance Adoption Procedure 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2.Approval of Minutes 2.1Approve the minutes of April 23, 1996. 3.Resolution Approvina List of Demands 3.1Adopt a resolution entitled: RESOLUTION NO. 96-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Minutes\S\l 4\96 -3- 05/22/96 City Council Minutes May 14. 199a 4.City Treasurer's Report 4.1Receive and file the City Treasurer's Report as of March 31, 1996. 5.Records Destruction Approval 5.1Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. 6.Acceptance of Proposal for Audit Services for the Fiscal Years Ended June 30, 1 996, 1997 and 1998 6.1Accept the proposal from Moreland & Associates, Certified Public Accountants, to provide audit services for the fiscal years ended June 30, 1 996, 1 997, and 1998. Councilmember Stone requested that the record show, the firm of Moreland and Associates have agreed to waive the 4% increase for year 2 and 3 as spelled out in the contract. 8.Funding for the Temecula Library 8.1Appropriate funds in the amount of $2,500 from General Fund Reserves to the City Council Department Budget for expenditure to fund the payroll augment for the Temecula Library through June 30, 1 996. 9.Approve Improvement Funding Agreement for Cost Participation in the Installation of a Traffic Sianal at the Intersection of Winchester and Roripaugh Roads 9.1Approve Improvement Funding Agreement participating in a portion of the cost of installation and construction of Traffic Signal Improvements at the intersection of Winchester Road and Roripaugh Road; 9.2Appropriate approximately $83,000 from the unappropriated balance of the Signal Mitigation Impact Fees account. 9.3Authorize the Mayor to execute agreement with Temecula Valley Unified School District and the County of Riverside; 9.4Direct the City Clerk to so notify the County of Riverside and the Temecula Valley Unified School District. Minutes\5\1 4\96 -4- 05/22/96 City Council Minutes May 14, 1996 10.Summary Vacation of Existina Restricted Access Alona the Northerly Side of Solana Way West of Motor Car Parkway on Parcel 5 of the Parcel Map No. 23 54 10.1Adopt a resolution entitled: RESOLUTION NO. 96- 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING A THIRTY (30) FOOT WIDE PORTION OF AN EXISTING RESTRICTED ACCESS ALONG THE NORTHERLY SIDE OF SOLANA WAY AND WESTERLY ADJACENT TO MOTOR CAR PARKWAY ON PARCEL 5 OF PARCEL MAP 23354 11.Accept the Grant of Easement for Public Street and Utility Purposes at the Intersection of Nicolas Road and Calle Girasol for the Walcott Corridor Proiect PW94-10 11.1Adopt a resolution entitled: RESOLUTION NO. 96-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING THE GRANT OF EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES AT THE INTERSECTION OF NICOLAS ROAD AND CALLE GIRASOL FOR THE WALCOTT CORRIDOR 12."No Parkina" Zones on Puiol Street South of First Street 12.1Adopt a resolution entitled: RESOLUTION NO. 96-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONES ON PUJOL STREET SOUTH OF FIRST STREET, AS SHOWN ON EXHIBIT "A" The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone Minutes\5\14\96 -5- 05/22/96 City Council Minutes May 14, 1996 13.ApiQrove Professional Services Agreement for City Wide Traffic Control Device Inventory and Appropriation of Funds 13.1Approve the Professional Services Agreement with Darnell anc Associates, Inc. to provide traffic engineering services for the implementation of a City Wide Traffic Control Device Inventory for an amount not to exceed $40,000 and authorize the Mayor to execute the agreement. 1 3.2Appropriate $40,000 from the unreserved General Fund to the Traffic Division Consulting Services Account No. 100-164-602-5248. 14.Award of Contract for the Construction of an Interim Traffic Sianal at the Intersection of State Route 79 (S). and La Paz Street - Pro.ject No. PW95-13 14.1Approve the construction plans and specifications for Project No. PW95-13, Interim Traffic Signal at the intersection of State Route 79(S), and La Paz Street; 14.2Award a contract for the construction of an interim Traffic Signal at the intersection of State Route 79(S) and La Paz Street, Project No. PW95-13 to DBX, Inc., in the amount of $84,036 and authorize the Mayor to execute the contract. 14.3Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,403.60 which is equal to 10% of the contract amount. 1 5.Substitute Subdivision Iml2rovement Acireement and Public Improvement Bonds in Tract No. 24136-1 (Located northeasterly of intersection of Margarita Road at Pio Pico Road) 1 5.1 Accept the Substitute Subdivision Improvement Agreements and Faithful Performance and Labor and Material Bonds for Street, Water, and Sewer Improvements, Subdivision Monumer-n-tion Bond, Traffic Signal Mitigation Agreement and Bond, and Fire Protection Mitigation Agreement in Tract No. 24136-1; 1 5.2 Direct the City Clerk to so advise the Developer and Sureties. Minutes\5\14\96 -6- 05/22/96 Coty Council Minutes May 14, 1996 16.Aareement Reaardina Prol2osed Stream or Lake Alteration between California Department of Fish and Game and the City of Temecula - Western Bygass Corridor Brodae over Murrieta Creek 16.1Approve the Agreement regarding proposed stream or lake alteration (Notification No. 5-441-95) between the California Department of Fish and Game and the City of Temecula, and direct the Director of Public Works to sign the Agreement. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone 17.Release Warranty Security and authorize Quitclaim of Remainina Parcel in Parcel Mal2 No. 22629 (Located Northeasterly of Pauba Road at Margarita Road) 17.1Authorize the release of the Faithful Performance Warranty Security for street and drainage improvements in Parcel Map No. 22629; 1 7.2Authorize Quitclaim of Parcel 2 and Lot "D"; 1 7.3Authorize the Mayor to execute the deed and direct the City Clerk to have the deed recorded, and so notify the Developer. 19.Completion and Acceptance of the Construction of FY95-96 Slurry Seal Project. Project No. PW95-18 19.1Accept the construction of FY95-96 Slurry Seal Project, Project No. PW95-1 8; 19.2File Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 19.3Release the Materials and Labor Bond seven (7) months after filing of the Notice of Completion if no liens have been filed. Minutes\5\14\96 -7- 05/22196 City Council Minutes May 14, 1996 22.Opposition to AB 3053 22.1Adopt a resolution entitled: RESOLUTION NO. 96-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OPPOSING AB 3053. WHICH WOULD BAR THE CITY FROM GENERATING NEW DEVELOPMENT REVENUES 23.Invitation from the City of Voorbura 23.1Authorize the Mayor to attend ceremonies in Voorburg on behalf of the City of Temecula. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Lindemans 24.Emeraency Purchase of Two File Servers 24.1 Approve emergency purchase of two (2) file servers. SECOND READING OF ORDINANCES 25.Second Readina of Ordinance No. 96-08 25.1Adopt an ordinance entitled: ORDINANCE NO. 96-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION NO. 2.40.030 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO TERM LIMITS FOR CITY COMMISSIONERS Minutes\5\1 4\96 -8- 05122/96 City Council Minutes May 14, 1996 26.Second Readina of Ordinance No. 96-09 26.1Adopt an ordinance entitled: ORDINANCE NO. 96-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO MONTHLY COMPENSATION FOR CITY COMMISSIONERS 7.Purchase of Coml2uters for Temecula Police Denartment Councilmember Stone objected to staff's recommendation and presented a bid from a local computer company with a lower price. He asked that the City spend money locally. City Manager Bradley explained that buying off an existing contract would only increase the number of computers purchased from this company. He stated that if this proposal is rejected, the City will have to go through the normal bid process which will delay this action for approximately two to three months. Councilmember Stone suggested that the new specs include updated computers with more capabilities. Captain Pete Labahn of the Temecula Police Department stated that these computers will only be used for word processing and the basic computers will serve the Police Department's needs. He explained that those doing speciality work have the updated computers. Allie Kuhns, Senior Manager Analyst, stated that one of the main purposes for these computers is to enable the Police Department to all function in the Windows environment so that the Sheriff's Department will be compatible with City Hall. It was moved by Councilmember Stone, seconded by Councilmember Roberts to reject staff recommendation and direct staff to readvertise the bids. Councilmember Roberts expressed concern over receiving a bid from another company after the bid price is listed on the agenda. He stated he would support the motion only if this is a 'one-time exception" and this will not be done on a regular basis. The motion carried as follows: AYES: 3 COUNCILMEMBERS: Ford, Roberts, Stone NOES: 2 COUNCILMEMBERS: Birdsall, Lindemans ABSENT: 0 COUNCILMEMBERS: None Minutes\SN14\96 -9- 05/22196 City Council Minutes May 14, 199@ 18.Award of Contract for FY95-96 Citywide P.C.C. Repairs Proiect No. PW96-06 Councilmember Roberts expressed concern over the differential between the engineer's estimate and the low bid. He asked whether Chino Construction would be able to accomplish the job for this price. Public Works Director Joe Kicak stated he spoke with the contractor who expressed confidence that this could be accomplished. It was moved by Councilmember Roberts, seconded by Councilmember Stone to approve staff recommendation as follows: 1 8.1Award a contract for FY 95-96 Citywide P.C.C. Repairs, Project No. PW96-06 to Chino Construction in the amount of $36,066.50 and authorize the Mayor to execute the contract. 18.2Authorize the City Manager to approve change orders not to exceed the contingency amount of $3,606.65 which is equal. To 10% of the contract amount. The motion was unanimously carried. 20.All-Way "Stoo" Controls in Starlight Ridcie Public Works Director Joe Kicak presented the staff report. Ken Bruckman, 42244 Cosmic Drive, thanked the City Council and staff for their efforts in installing stop signs in Starlight Ridge. He also apologized to staff for any unkind things he had said, stating his only concern was for the safety of the children in the neighborhood. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation as follows: 20.1Adopt a resolution entitled: RESOLUTION NO. 96-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "STOP" CONTROLS (COSMIC DRIVE AT SANTA CECILIA DRIVE, SANTA CECILIA DRIVE AT AGENA STREET, AGENA STREET AT COSMIC DRIVE) The motion was unanimously carried. Minutes\5\14\96 -10- 05/22/96 C'tv Council Minutes May 14, 1996 21.Adiustment of Certain Costs Related to Weed Abatement Councilmember Stone stated he feels this is making it easier for property owners not to abate their property. He said he would support staff recommendation with further direction to refer to staff the development of an abatement ordinance which would require imposition of fines for non-compliance with a City official notice to abate hazardous weeds. It was moved by Councilmember Stone, seconded by Councilmember Birdsall to approve staff recommendation with further direction to refer to staff development of an abatement ordinance which would call for the imposition of fines for non-compliance with an official Notice to Abate Hazardous Weeds. 21.1Authorize staff to adjust the annually established per parcel administrative costs related to the abatement of hazardous vegetation from vacant parcels within the City boundaries, when: Written request is made to the Building Official; Two or more abated parcels are contiguous; 1)Up to three (3) contiguous parcels: One (1) administrative fee to be charged. 2)Four (4) or more contiguous parcels: One (1) administrative fee to be charged per four (4) parcels. The Contiguous parcels are under the same ownership. The motion was unanimously carried. RECESS Mayor Lindemans called a recess at 7:55 PM. The meeting was reconvened following the scheduled Community Services District meeting, Redevelopment Agency meeting and the Old Town Westside Community Facilities District Financing Authority meeting at 8:18 PM. PUBLIC HEARINGS 27Planning Apl2lication No. PA96-0027 (Specific Plan No. 199-Zonina Amendment 'Chardonnay Hills" Community Development Director Gary Thornhill presented the staff report. He stated that he received a letter on May 10, 1996, from the Chardonnay Hills Homeowner's Association requesting that Construction and Recreation Park Bond No. #SUR095375 be increased on this project, to assure the improvements are built. Minutes\5\14\96 -1 1- 05/22/96 City Council Minutes May 14, 1996 City Attorney Thorson stated the bond posted is not a City of Temecula bond and therefore it would be difficult to impose this condition on the project. Mayor Lindemans opened the public hearing at 8:24 PM. Brad Bassi, 32233 Chemin Laurent, stated he is in favor of staff recommendation and it is not his desire to hold up the project based on the bond. He explained the reason for this request is to make sure the park is built. He also thanked City staff and the applicant for their efforts in working with the residents of Chardonnay Hills. Steve Walton, the applicant, stated he is enthusiastic about this project and committed to the community. He said homeowners deserve to have a complete project and he is working toward this goal. Councilmember Stone asked when the improvements would be completed. Mr. Walton answered it is tied to the number of homes sold and although he cannot guarantee a specific time frame, he is hopeful it will happen in a years time. Mayor Lindemans closed the public hearing at 8:30 PM. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation as follows: 27.1Adopt a resolution entitled: RESOLUTION NO. 96-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0027 (SPECIFIC PLAN NO. 199 - ZONING AMENDMENT) INCREASING THE RANGE OF HOUSING SIZES TO 3,200 SQUARE FEET ON PROPERTY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MEADOWS PARKWAY, SOUTH OF LA SERENA WAY, WEST OF BUTTERFIELD STAGE ROAD AND KNOWN AS PLANNING AREAS 6, 10, 11 AND 12 OF SPECIFIC PLAN NO. 199 (MARGARITA VILLAGE) Minutes\5\1 4\96 -12- 05122/96 C'tv Council Minutes May 14, 1996 27.2Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0027, AMENDING THE TEXT WITHIN SPECIFIC PLAN NO. 199 TO ALLOW HOUSING SIZES TO A MAXIMUM OF 3,200 SQUARE FEET ON PROPERTY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MEADOWS PARKWAY, SOUTH OF LA SERENA WAY, WEST OF BUTTERFIELD STAGE ROAD AND KNOWN AS PLANNING AREAS 6, 10, 11, AND 12 OF SPECIFIC PLAN NO. 199 (MARGARITA VILLAGE) The motion was unanimously carried. 28Annexation Guidelines for the City of Temecula City Attorney Thorson announced that Councilmember Roberts, Councilmember Ford and Mayor Lindemans have interests in property or business in the potential annexation areas. He explained, because of the general nature of the Annexation Guidelines, all members of the Council could participate. However on the priority map, lots would need to be drawn to determine which Councilmember would vote to complete the quorum. City Clerk June Greek presented lots to be drawn and Councilmember Roberts was selected the voting lot to make up the necessary quorum. Community Development Director Gary Thornhill presented the staff report. Mayor Lindemans opened the public hearing at 8:44 PM. Kenneth Ray, 31647 Pio Pico Road, spoke in favor of the guidelines but asked that school mitigation be included in the process. Mayor Lindemans closed the public hearing at 8:50 PM. Councilmember Ford stated that since the City does not have a school mitigation agreement, this was not placed into the guidelines. Minutes\5\1 4\96 -13- 05122/96 C'tv Council Minutes May 14, 1996 It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation regarding guidelines as follows: 28.1Adopt a resolution entitled: RESOLUTION NO. 96-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 95-0125 ADOPTING ANNEXATION GUIDELINES FOR THE CITY OF TEMECULA The motion was unanimously carried. Councilmember Stone asked for a brief recess to discuss a potential conflict of interest with City Attorney Peter Thorson. RECESS Mayor Lindemans called a recess at 8:55 PM. The meeting was reconvened at 9:02 PM. City Attorney Thorson recommended continuing the consideration of the Priority Map for a period of 30 days to get an opinion from the FPPC on this issue. Council consensus was obtained to continue the public hearing regarding consideration of the Priority Map for a period of 30 days. COUNCIL BUSINESS 29Ordinance Reaarding Prima Facie Speed Limits on Rancho California Road between Diaz Road and Moracia Road Public Works Director Joe Kicak presented the staff report. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation as follows: 29.1Introduce and read by title only an ordinance entitled: ORDINANCE NO. 96-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28 OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON RANCHO CALIFORNIA ROAD BETWEEN DIAZ ROAD AND MORAGA ROAD The motion was unanimously carried. Minutes\S\l 4\96 -14- 05/22/96 City Counc*l Minutes May 14, 1995. 30Ordinance Regardina Prima Facie Speed Limits on Maraarita Road between Solana and Rancho California Road Public Works Director Joe Kicak presented the staff report. It was moved by Councilmember Roberts, seconded by Councilmember Stone to approve staff recommendation as follows: 30.1Introduce and read by title only an ordinance entitled: ORDINANCE NO. 96-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON MARGARITA ROAD BETWEEN SOLANA WAY AND RANCHO CALIFORNIA ROAD The motion was unanimously carried. 31School Mitigation Fees Community Development Director Gary Thornhill presented the staff report. It was moved by Councilmember Ford, seconded by Councilmember Birdsall to direct staff to set-up a meeting between the City Council and the Temecula Valley Unified School District, to address school mitigation fees on June 18, 1996, 6:00 PM, at a place to be determined. The motion was unanimously carried. It was moved by Councilmember Birdsall, seconded by Councilmember Stone to declare a subsequent need to discuss scheduling of a Youth Summit meeting with the School District. The motion was unanimously carried. Council consensus was obtained to direct staff to work on setting up a date with the Temecula Valley Unified School District to hold a Youth Summit meeting. Minutes\5\14\96 -15- 05/22/96 City Council Minutes May 14, 1996 32Acceptance of Easement for Future Trail (Pechanga Creek) Community Services Director Shawn Nelson presented the staff report. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation as follows: 32.1Direct staff to record the Irrevocable Offer to Dedicate easement documents across the southerly portion of lots 32-34; 38-48; and lot 53 within Tract No. 1 9872-0 for purposes of securing a future recreational trail along Pechanga Creek. The motion was unanimously carried. CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS City Attorney Thorson reported that there was no report from closed session. ADJOURNMENT It was moved by Councilmember Stone, seconded by Councilmember Roberts to adjourn to a meeting to be held on May 28, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Karel F. Lindemans, Mayor ATTEST: June S. Greek, City Clerk Minutes\5\1 4\96 -16- 05/22/96 ITEI\4 3 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIIL OF THE CITY OF CULA ALLOWING CERTAIN CLABB AND DEMANDS AS SET FORTU IN EXHEBIT 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 $1,153,983.78. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 28th day of May, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, CMC, City Clerk [SEAL] Resoa 106 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) going I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the fore ' Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of May, 1996 by the following roU call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, CMC, City Clerk Resos 106 2 CITY OF TEMECULA LIST OF DEMANDS 05/09196 TOTALCHECKRUN: $280,267.16 05/16/96 TOTALCHECKRUN: 155,030.32 05/28/96 TOTALCHECKRUN: 583,701.87 05/16/96 TOTAL PAYROLL RUN: 134,984.43 TOTAL LIST OF DEMANDS FOR 05/28196 COUNCIL MEETING: $ 1,153,983.78 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL $ 109,307.56 100 GAS TAX 102,623.37 165 RDA-LOW/MOD 10,135.89 190 COMMUNITY SERVICES DISTRICT 47,846.92 191 TCSD SERVICE LEVEL A 432.40 192 TCSD SERVICE LEVEL B 239.03 193 TCSD SERVICE LEVEL C 21,162.11 194 TCSD SERVICE LEVEL D 206.50 210 CAPITAL IMPROVEMENT PROJ (CIP) 406,207.15 280 RDA-CIP 275,903.55 300 INSURANCE 4,296.59 310 VEHICLES FUND 14,743.20 320 INFORMATIONS SYSTEMS 17,823.40 330 SUPPORT SERVICES 4,253.98 340 FACILITIES 2,105.84 Ago TCSD-DEBT SERVICE 1,711.86 1,018,999.35 P,AYROLL: 001 GENERAL $82,188.40 100 GAS TAX 16,141.76 165 RDA-LOW/MOD 458.21 190 TCSD 22,922.48 191 TCSD SERVICE LEVEL A 662.29 192 TCSD SERVICE LEVEL B 697.14 193 TCSD SERVICE LEVEL C 2,387.59 194 TCSD SERVICE LEVEL D 399.26 280 RDA-CIP 2,410.48 300 INSURANCE 591.09 320 INFORMATION SYSTEMS 3,093.14 330 SUPPORT SERVICES 747.34 340 FACILITIES 2,285.25 134,9a4.43 TOTAL BY FUND: $ 1,153,983.78 PREPARED BY THER I,- @@ Y, , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. GENIE ROBERTS, DIRECTOR OF FINANC 1. e- HEREBY CERTIFYTHATTHE FOLLOWING IS TRUE AND CORRECT. RONA@ D E. PIRAD@ Y, CITY MANAGT@ V(XJCHRE2 CITY OF TEMECULA pi, 7 05/09/96 11:05 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 11,078.51 100 GAS TAX FUND 4,595.39 165 RDA DEV- LOW/MOD SET ASIDE 407.62 190 COMMUNITY SERVICES DISTRICT 7,738.67 191 TCSD SERVICE LEVEL A 71.70 192 TCSD SERVICE LEVEL B 8.46 193 TCSD SERVICE LEVEL C 157.16 194 TCSD SERVICE LEVEL D 20.60 210 CAPITAL IMPROVEMENT PROJ FUND 237,755.46 280 REDEVELOPMENT AGENCY - CIP 11,546.03 300 INSURANCE FUND 550.06 320 INFORMATION SYSTEMS 2,012.66 330 SUPPORT SERVICES 3,747.40 340 FACILITIES 577.44 TOTAL 280,267.16 VOUc4RE2 CITY OF TEMECULA PAGE r ')6 11:05 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29026 05/03/96 000308 TEMECULA TOWN ASSOCIATI SPONSORSHIP:96 TRACTOR RACE 280-199-999-5264 10,000.00 10,000.00 29029 05/03/96 002197 CLOVIS PAVING & SEALING PRGSS PMT #1/PW95-06 210-165-655-5804 263,114.75 29029 05/03/96 002197 CLOVIS PAVING & SEALING RET:PRGSS PMT #1/PW95-06 210-2035 26,311.47- 236,803.28 29030 05/07/96 002176 RANCHO CALIF BUS PARK A PLAN REVIEW FOR NEW CITY HALL 210-199-650-5804 150.00 150.00 29034 05/09/96 000680 A M S - T M S POSTAGE 001-100-999-5230 .78 29034 05/09/96 000680 A M S - T M S POSTAGE 001-110-999-5230 12.47 29034 05/09/96 000680 A M S - T M S POSTAGE 001-120-999-5230 9.97 29034 05/09/96 000680 A M S - T M S POSTAGE 001-140-999-5230 140.26 29034 05/09/96 000680 A M S - T M S POSTAGE 001-150-999-5230 10.53 29034 05/09/96 000680 A M S - T M S POSTAGE 001-161-501-5230 18.64 29034 05/09/96 000680 A M S - T M S POSTAGE 001-161-502-5230 18.63 29034 05/09/96 000680 A M S - T M S POSTAGE 001-162-999-5230 4.63 29034 05/09/96 000680 A M S - T M S POSTAGE 100-164-604-5230 7.50 29034 05/09/96 000680 A M S - T M S POSTAGE 190-180-999-5230 11.98 235.39 29035 05/09/96 001104 A R M A INTERNATIONAL ANNUAL DUES/DI MEGLIO/SARGENT 001-120-999-5226 260.00 260.00 29036 05/09/96 002038 ACTION POOL & SPA SUPPL TES POOL MAINT SRVCS 190-180-999-5212 520.78 520.78 05/09/96 000102 AMERICAN FENCE CO. OF C MOVE & RENT FENCE/ROTARY PARK 190-180-999-5238 496.00 496.00 29038 05/09/96 ANDERSON, VENITA REFUND TCSD CLASS 190-183-4982 44.00 44.00 29039 05/09/96 001323 ARROWHEAD WATER, INC. BOTTLED WATER SRVCS CITY HALL 340-199-999-5240 202.81 202.81 29040 05/09/96 002056 AUTO PARK CAR STEREO & MAINT. ON POLICE MOTORCYCLE 001-170-999-5214 47.50 47.50 29041 05/09/96 BOOS, VIRGINIA REFUND DEPOSIT MINUS 1 HR RENT 190-2900 85.00 85.00 29042 05/09/96 002099 BUTTERFIELD ENTERPRISES RESTROOM RENTAL-MAY 280-199-999-5212 826.00 826.00 29043 05/09/96 001178 C M S BUSINESS FORMS, I BUSINESS LICENSE APPLICATIONS 001-140-999-5222 299.60 29043 05/09/96 001178 C M S BUSINESS FORMS, I FREIGHT 001-140-999-5222 11.43 29043 05/09/96 001178 C M S BUSINESS FORMS, I TAX 001-140-999-5222 23.22 334.25 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 001-2370 3,134.65 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 100-2370 1,285.19 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 165-2370 22.64 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 190-2370 1,400.82 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 191-2370 71.70 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 192-2370 8.46 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 193-2370 157.16 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 194-2370 20.60 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 280-2370 76.75 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 300-2370 8.12 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 320-2370 32.55 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 330-2370 9.40 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 340-2370 262.31 VOUCHRE2 CITY OF TEMECULA PAr-z-, 2 05/09/96 11:05 VOUCHER/CHECK REGISTER FOR ALL PERIODS VDUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29044 05/09/96 000128 CAL-SURANCE ASSOCIATES, WORKERS COMP APRIL 96 PAYMENT 001-1182 50.05 6,540.40 29045 05/09/96 000126 CALIFORNIA LANDSCAPE MA LDSC IMPROV BAHIA VISTA PARK 190-180-999-5415 40.00 29045 05/09/96 000126 CALIFORNIA LANDSCAPE MA LDSC IMPROV/CALLE ARAGON PARK 190-180-999-5415 40.00 80.00 29046 05/09/96 001590 CALIFORNIA REDEVELOPMEN CF:MEYER/INTRO TO REDEV;5/2-3 280-199-999-5261 148.75 148.75 29047 05/09/96 CAPELLE, CHERYL REFUND TCSD CLASS 190-183-4982 20.00 20.00 29048 05/09/96 000131 CARL WARREN & CO., INC. JOHN R. MITTLEMAN 8/19/93 300-199-999-5205 541.94 541.94 29049 05/09/96 001195 CENTRAL SECURITY SERVIC MAY CRC FIRE/SEC ALARM SRVCS 190-182-999-5250 50.00 29049 05/09/96 001195 CENTRAL SECURITY SERVIC MAY SEN CTR FIRE/SEC ALARM SRV 190-181-999-5250 45.00 95.00 29050 05/09/96 CHAMBER OF COMMERCE REFUND DEPOSIT 190-2900 100.00 100.00 29051 05/09/96 002319 CHIEF SPECIAL AGENTS AS 5 COPIES OF LAW ENFORSMT DIR 001-170-999-5220 10.00 10.00 29052 05/09/96 CISNEROS, CHERYL REFUND TCSD CLASS 190-183-4982 30.00 30.00 29053 05/09/96 COMERCHERO, JEFF REIMB:CF-COMM SRVCS/4/10-12 190-180-999-5258 395.75 39r 75 29054 05/09/96 002147 COMPLIMENTS, COMPLAINTS COSTUME RENTAL 190-183-999-5320 40.00 29054 05/09/96 002147 COMPLIMENTS, COMPLAINTS TAX 190-183-999-5320 3.10 43.10 29055 05/09/96 COOK, GRETCHEN REFUND TCSD CLASS 190-183-4982 75.00 75.00 29056 05/09/96 001873 CROBARGER, RICHARD TCSD INSTRUCTOR EARNINGS 190-183-999-5330 20.00 20.00 29057 05/09/96 002321 DI MEGLIO, KATHY CASH ADVANCE/CONF 6/6-7 001-120-999-5261 100.00 100.00 29058 05/09/96 001669 DUNN EDWARDS CORPORATIO RECYCLED GRAFFITI PAINT 100-164-601-5218 407.08 407.08 29059 05/09/96 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 3/29 MAGNERA 001-162-999-5250 464.00 464.00 29060 05/09/96 002196 EXCEL PHOTO LAB SLIDE COPIES 280-199-999-5250 13.31 13.31 29061 05/09/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0198/MJM/APR 001-110-999-5228 27.00 27.00 29062 05/09/96 000643 FORTNER HARDWARE, INC. TCSD MAINTENANCE SUPPLIES 190-180-999-5212 73.00 29062 05/09/96 000643 FORTNER HARDWARE, INC. MISC. MAINTENANCE SUPPLIES 100-164-601-5218 129.55 29062 05/09/96 000643 FORTNER HARDWARE, INC. MISC. ST. MAINTENANCE SUPPLIES 100-164-601-5218 31.88 234.43 29063 05/09/96 001103 FREEDOM MATERIALS CONSTRUCTION MATERIALS - PARKS 190-180-999-5212 27.50 29063 05/09/96 001103 FREEDOM MATERIALS GRAFFITI REMOVAL SUPPLIES 100-164-601-5218 226.28 253.78 2906,4 05/09/96 000184 G T E CALIFORNIA - PAYM 909-693-0956/GENERAL USAGEJAPR 320-199-999-5208 26.56 29064 05/09/96 000184 G T E CALIFORNIA - PAYM 909-694-8927/GENERAL USAGE/APR 320-199-999-5208 25.94 29064 05/09/96 000184 G T E CALIFORNIA - PAYM 909-699-0128/GENERAL USAGE/APR 320-199-999-5208 1,032.70 1,08-, zo 29065 05/09/96 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-110-999-5220 69.93 V@@-HRE2 CITY OF TEMECULA PAGE 3 96 11:05 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29065 05/09/96 00017'7 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-110-999-5220 20.57 90.50 29066 05/09/96 002252 GUARD SYSTEMS, INC SEC SRVCS W/E 4/21 SPORTS PARK 210-190-137-5801 293.75 293.75 29067 05/09/96 HALY, DEBBIE REFUND TCSD CLASS 190-183-4982 20.00 20.00 29068 05/09/96 001158 HOLIDAY INN HOTEL:DI MEGLIO;6/6 INFO MGMT 001-120-999-5261 101.46 101.46 29069 05/09/96 001429 INACOM INFORMATION SYST MISC COMPUTER SUPPLIES 320-199-999-5221 66.12 29069 05/09/96 001429 INACOM INFORMATION SYST BACK UP SERVER PARTS 320-1970 222.00 29069 05/09/96 001429 INACOM INFORMATION SYST FREIGHT 320-1970 2.91 29069 05/09/96 001429 INACOM INFORMATION SYST TAX 320-1970 17.21 29069 05/09/96 001429 INACOM INFORMATION SYST BACK UP SERVER PARTS 320-1970 476.00 29069 05/09/96 001429 INACOM INFORMATION SYST FREIGHT 320-1970 3.27 29069 05/09/96 001429 INACOM INFORMATION SYST TAX 320-1970 36.89 824.40 29070 05/09/96 002320 INFORMATION MANAGEMENT CF:DIMEGLIO/INFO MGMT/6/6-7 001-120-999-5261 350.00 350.00 29071 05/09/96 002317 INNOVATION GROUP WEST CF:HOGAN/TRANSF. GOV'T 5/19-21 001-161-501-5258 325.00 325.00 20072 05/09/96 000695 INSTITUTE OF TRANSPORTA PUB:RES ST DESIGN/TRAFFIC CTRL 100-164-604-5228 5.50 5.50 3 05/09/96 002268 INSUPCO SIGNAL STAT LIGHT BAR 001-162-999-5214 182.32 182.32 29074 05/09/96 001667 KELLY TEMPORARY SERVICE TEMP HELP-EVANS P/E 04/21 001-163-999-5118 84.86 29074 05/09/96 001667 KELLY TEMPORARY SERVICE TEMP HELP-EVANS P/E 04/21 100-164-604-5118 164.74 249.60 29075 05/09/96 000206 KINKO'S OF RIVERSIDE, I REPRO SRVCS PARK/REC MSTR PLAN 190-180-999-5222 241.44 241.44 29076 05/09/96 001123 KNOX INDUSTRIAL SUPPLIE SMALL TOOL &EQUIP. MAINTENANCE 100-164-601-5242 186.15 29076 05/09/96 001123 KNOX INDUSTRIAL SUPPLIE TAX 100-164-601-5242 14.43 200.58 29077 05/09/96 000209 L & M FERTILIZER, INC. PARTS, EQUIP AND REPAIRS 190-180-999-5242 15.24 29077 05/09/96 000209 L & M FERTILIZER, INC. MISC. MAINTENANCE SUPPLIES 100-164-601-5218 66.54 29077 05/09/96 000209 L & M FERTILIZER, INC. MISC. MAINTENANCE SUPPLIES 100-164-601-5218 51.11 132.89 29078 05/09/96 001982 L WILLIAMS LANDSCAPE, I VIA LOBO-WEEDING,SPRAYING 100-164-601-5401 934.25 29078 05/09/96 001982 L WILLIAMS LANDSCAPE, I EMERG. TREE REMOVAL&STUMP GRD 100-164-601-5402 250.00 1,184.25 29079 05/09/96 001534 LA MASTERS OF FINE TRAV AIR:CODE ENF MGMT/ELMO-5/18-20 001-162-999-5258 154.00 154.00 29080 05/09/96 000380 LAIDLAW TRANSIT, INC. BUS TRANSPORT.SAN DIEGO ZOO 190-183-999-5340 406.53 406.53 29081 05/09/96 LEDESMA, MASCIMINO REFUND-SECURITY DEPOSIT 190-2900 90.00 90.00 29082 05/09/96 002295 LEWIS & LEWIS ENTERPRIS PLANIMETER FOR CIP DIVISION 001-165-999-5610 850.00 29082 05/09/96 002295 LEWIS & LEWIS ENTERPRIS TAX 001-165-999-5610 61.63 911.63 290,83 05/09/96 000688 LO-FAT CYCLES TUNE UP FOR POLICE BICYCLE 001-170-999-5326 3.15 3 05/09/96 000688 LO-FAT CYCLES TAX 001-170-999-5326 .24 3 05/09/96 000688 LO-FAT CYCLES TUNE UP FOR POLICE BICYCLE 001-170-999-5326 10.30 VOUCHRE2 CITY OF TEMECULA PA-", 4 05/09/96 11:05 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29083 05/09/96 000688 LO-FAT CYCLES TAX 001-170-999-5326 .80 14.49 29084 05/09/96 002229 LUCE PRESS CLIPPINGS, I JAN-CLIPPING SERVICES 280-199-999-5250 142.08 29084 05/09/96 002229 LUCE PRESS CLIPPINGS, I FEB-CLIPPING SERVICES 280-199-999-5250 169.01 29084 05/09/96 002229 LUCE PRESS CLIPPINGS, I APR-CLIPPING SERVICES 280-199-999-5250 130.13 441.22 29085 05/09/96 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 4/21 SYNDER 190-180-999-5118 574.00 574.00 29086 05/09/96 000217 MARGARITA OFFICIALS ASS ADULT SOFTBALL OFFICIALS 190-183-999-5380 554.40 554.40 29087 05/09/96 001256 MARRIOTT HOTEL HOGAN/MAY 19-21 CONF 001-161-501-5258 138.88 138.88 29088 05/09/96 000220 MAURICE PRINTERS, INC. CITY EMPLOYMENT APPS. 001-150-999-5222 107.75 107.75 29089 05/09/96 MEADOWS, HELEN REFUND TCSD CLASS 190-183-4986 23.00 23.00 29090 05/09/96 001384 MINUTEMAN PRESS QTY 500 BUSINESS CARDS 100-164-604-5222 102.50 29090 05/09/96 001384 MINUTEMAN PRESS TAX 100-164-604-5222 7.94 110.44 29091 05/09/96 002294 NATIONAL TICKET COMPANY MISC. RECREATION SUPPLIES 190-182-999-5301 288.00 29091 05/09/96 002294 NATIONAL TICKET COMPANY FREIGHT 190-182-999-5301 10.00 200.00 29092 05/09/96 NEIDERT, LINDA REFUND TCSD CLASS 190-183-4975 20.00 10 29093 05/09/96 NEW COVENANT REFUND DEPOSIT 190-2900 85.00 85.00 29094 05/09/96 001150 O'BRIEN, CARY SECURITY FENCING/28534 PUJOL 165-199-812-5804 384.98 384.98 29095 05/09/96 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE & REPAIR 001-165-999-5214 563.42 563.42 29096 05/09/96 001243 PALMQUIST, MARY CLASS INST/BRIDGE CLASS 190-183-999-5330 316.80 316.80 29097 05/09/96 000580 PHOTO WORKS FILM, SLIDES, PICTURES 190-180-999-5301 42.53 29097 05/09/96 000580 PHOTO WORKS SLIDE AND PRINT COPIES 001-100-999-5250 33.34 75.87 29098 05/09/96 PRINCE, JANETTE REFUND DEPOSIT 190-2900 100.00 100.00 29099 05/09/96 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES 190-180-999-5212 209.22 29099 05/09/96 000255 PRO LOCK & KEY CRC COMPUTER STALLS-MATERIALS 190-182-999-5212 472.00 29099 05/09/96 000255 PRO LOCK & KEY INSTALL 8 LOCKS FOR COMPUTER 190-182-999-5212 160.00 29099 05/09/96 000255 PRO LOCK & KEY SERVICE CALL 190-182-999-5212 25.00 29099 05/09/96 000255 PRO LOCK & KEY TAX 190-182-999-5212 36.58 902.80 29100 05/09/96 PUGH, PAMELA REFUND TCSD CLASS 190-183-4980 37.00 37.00 29104 05/09/96 001955 R W R PASCOE ENGINEERIN EMERGENCY GENERATOR DESIGN 210-190-139-5804 109.25 109.25 29105 05/09/96 RAMIREZ, GENEVIEVE REFUND TCSD TRIP CANCELLED 190-183-4986 23.00 23.00 29106 05/09/96 000260 RAN-TEC RUBBER STAMP MF NAME BADGE/SMITH 001-140-999-5220 4.84 VOJ@E2 CITY OF TEMECULA PAGE 5 c '6 11:05 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29107 05/09/96 000947 RANCHO BELL BLUEPRINT C FURNITURE PLANS/NEW CITY HALL 210-199-650-5804 24.18 24.18 29108 05/09/96 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-CITY HALL 340-199-999-5212 112.32 112.32 29109 05/09/96 002291 RED DEVIL EQUIPMENT COM STREET STENCIL PAINT MIXER 100-164-601-5242 176.02 176.02 29110 05/09/96 000526 REGENTS OF UNIVERSITY 0 CF:MELLO-ROOS FINANCE/FAUL 5/9 001-163-999-5261 215.00 215.00 29111 05/09/96 000266 RIGHTWAY PORT. TOILETS-4/26 THRU 05/23 100-164-601-5238 57.39 57.39 29112 05/09/96 002322 RIVERSIDE CO CITATION COUNTY CITATION PAID AT CITY 001-2260 5.00 29112 05/09/96 002322 RIVERSIDE CO CITATION COUNTY CITATION PAID AT CITY 001-170-4055 5.00 10.00 29113 05/09/96 000268 RIVERSIDE CO. HABITAT MAR 96 K-RAT PAYMENT 001-2300 1,000.00 1,000.00 29114 05/09/96 ROMANS, PAT REFUND TCSD TRIP CANCELLED 190-183-4986 23.00 23.00 29115 05/09/96 RORIPAUGH, CARRIE REFUND TCSD CLASS 190-183-4975 25.00 25.00 29116 05/09/96 002323 SECRETARY OF STATE, WATSON&COOK RDA SBL 280-199-999-5250 20.00 ?c"16 05/09/96 002323 SECRETARY OF STATE, TEM AUTO DEALER ASSOC SBL 280-1530 20.00 40.00 1 05/09/96 SICA, ROSE REFUND TCSD TRIP CANCELLED 190-183-4986 23.00 23.00 29118 05/09/96 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVICES - CRC 190-182-999-5250 42.00 42.00 29119 05/09/96 000375 SOUTHERN CALIF TELEPHON 909-205-7877/E.O.C./APRIL 320-199-999-5208 70.51 29119 05/09/96 000375 SOUTHERN CALIF TELEPHON 909-205-7826/GR/APR 001-140-999-5208 85.13 155.64 29120 05/09/96 002318 SPECIALIZED TRAINING SE COOK/VIOLENT OFFENDER WKSH 001-170-999-5261 175.00 175.00 29121 05/09/96 STANCIL, KAREN REFUND TCSD CLASS 190-183-4982 70.00 70.00 29122 05/09/96 STARKS, JEAN REFUND FOR GOLF CLASS 190-183-4980 20.00 20.00 29123 05/09/96 000574 SUPERTONER TONER FOR HP LASER JET PRINTER 001-170-999-5220 110.00 29123 05/09/96 000574 SUPERTONER TAX 001-170-999-5220 8.53 118.53 29124 05/09/96 000919 TEMECULA VALLEY UNIFIED TEAM GRANT FUND PAYMENT 001-110-999-5250 1,520.00 1,520.00, 29125 05/09/96 TEMECULA YOUTH BASKETBA REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 29126 05/09/96 001022 THOMPSON PUBLISHING GRO SUB:EMP GUIDE /MANDATED HEALTH 001-150-999-5228 249.00 249.00 29127 05/09/96 002016 TSUTSUMIDA & ASSOCIATES APR-DESIGN SRVCS-NEW CITY HALL 210-199-650-5804 375.00 375.00 29128 05/09/96 000524 VAN TECH ENGINEERING, I MAINTENANCE CREW SUPPLIES 100-164-601-5243 456.00 29128 05/09/96 000524 VAN TECH ENGINEERING, I TAX 100-164-601-5243 35.34 491.34 05/09/96 WAIT, ROSE REFUND TCSD 190-183-4986 23.00 23.00 VOIJCHRE2 CITY OF TEMECULA 6 05/09/96 11:05 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29130 05/09/96 WILCOX, ELAINE REFUND TCSD CLASS 190-183-4982 29.00 29.00 29131 05/09/96 001874 WILLIAMS, KAREN CLASS INST/WIGGLE WORM 190-183-999-5330 116.00 116.00 29132 05/09/96 000345 XEROX CORPORATION BILLI MAY LEASE PMT FOR COPIER 5100 330-199-999-5239 3,738.00 3,738.00 TOTAL CHECKS 280,267.16 VOUP'QE2 CITY OF TEMECULA PAGE 10 D., 16:43 VOtJCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 58,373.42 100 GAS TAX FUND 13,484.92 165 RDA DEV- LOW/MOD SET ASIDE 135.85 190 COMMUNITY SERVICES DISTRICT 33,379.77 191 TCSD SERVICE LEVEL A 360.70 192 TCSD SERVICE LEVEL B 230.57 193 TCSD SERVICE LEVEL C 3,449.95 194 TCSD SERVICE LEVEL D 185.90 210 CAPITAL IMPROVEMENT PROJ FUND 6,122.36 280 REDEVELOPMENT AGENCY - CIP 12,820.42 300 INSURANCE FUND 2,441.98 310 VEHICLES FUND 14,743.20 320 INFORMATION SYSTEMS 7,266.30 330 SUPPORT SERVICES 506.58 340 FACILITIES 1,528.40 TOTAL 155,030.32 VOUCHRE2 CITY OF TEMECULA PAf-- 1 05/16/96 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29133 05/10/96 002339 FEDERAL EMERGENCY MGMT FEMA STUDY/FLOOD MAP REVISION 001-163-4155 225.00 225.00 29134 05/15/96 002061 RIVERSIDE CITY & COUNTY AUGMENT LIBRARY PR FUNDS/JUN96 001-100-999-5285 2,500.00 2,500.00 629375 05/16/96 000283 FIRSTAX (IRS) 000283 FEDERAL 001-2070 12,551.36 629375 05/16/96 000283 FIRSTAX (IRS) 000283 FEDERAL 100-2070 2,775.27 629375 05/16/96 000283 FIRSTAX (IRS) 000283 FEDERAL 165-2070 29.55 629375 05/16/96 000283 FIRSTAX (IRS) 000283 FEDERAL 190-2070 2,903.57 629375 05116/96 000283 FIRSTAX (IRS) 000283 FEDERAL 191-2070 100.71 629375 05/16/96 000283 FIRSTAX (IRS) 000283 FEDERAL 192-2070 a4.43 629375 05116/96 000283 FIRSTAX (IRS) 000283 FEDERAL 193-2070 424.79 629375 05/16/96 000283 FIRSTAX (IRS) 000283 FEDERAL 194-2070 74.72 629375 05/16/96 000283 FIRSTAX (IRS) 000283 FEDERAL 280-2070 146.80 629375 05/16/96 000283 FIRSTAX (IRS) 000283 FEDERAL 300-2070 128.52 629375 05/16/96 000283 FIRSTAX (IRS) 000283 FEDERAL 320-2070 652.21 629375 05/16/96 000283 FIRSTAX (IRS) 000283 FEDERAL 330-2070 114.17 629375 05/16/96 000283 FIRSTAX (IRS) 000283 FEDERAL 340-2070 175.11 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 001-2070 3,034.65 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 100-2070 597.04 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 165-2070 14.62 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 190-2070 871.24 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 191-2070 23.06 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 192-2070 23.48 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 193-2070 86.52 629375 05/16196 000283 FIRSTAX (IRS) 000283 MEDICARE 194-2070 14.56 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 280-2070 78.66 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 300-2070 22.44 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 320-2070 118.72 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 330-2070 25.00 629375 05/16/96 000283 FIRSTAX (IRS) 000283 MEDICARE 340-2070 71.39 25,142.59 658468 05/16/96 000444 FIRSTAX (EDD) 000444 SDI 001-2070 53.89 658468 05/16/96 000444 FIRSTAX (EDD) 000444 SDI 100-2070 13.89 658468 05/16/96 000444 FIRSTAX (EDD) 000444 SDI 190-2070 71.65 658468 05/16/96 000444 FIRSTAX (EDD) 000444 SDI 193-2070 4.68 658468 05/16/96 000444 FIRSTAX (EDD) 000444 SDI 280-2070 10.65 658468 05/16/96 000444 FIRSTAX (EDD) 000444 SDI 320-2070 16.00 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 001-2070 3,402.19 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 100-2070 695.13 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 165-2070 8.91 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 190-2070 644.08 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 191-2070 20.42 658468 05/16196 000444 FIRSTAX (EDD) 000444 STATE 192-2070 10.68 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 193-2070 101.65 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 194-2070 16.22 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 280-2070 30.41 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 300-2070 38.17 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 320-2070 193.13 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 330-2070 21.76 658468 05/16/96 000444 FIRSTAX (EDD) 000444 STATE 340-2070 23.37 5,--, Voll'@2 CITY OF TEMECULA PAGE 2 of 5 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29136 05/16/96 000724 A & R CUSTOM SCREEN PRI VOLLEYBALL & BASKETBALL AWARDS 190-183-999-5380 249.38 249.38 29137 05/16/96 001515 A S A P TRUCK TRACTOR & EROSION REPAIR/LA SERENA PARK 190-180-999-5212 950.00 950.00 29138 05/16/96 000102 AMERICAN FENCE CO. OF C MISC. HARDWARE SUPPLIES 190-180-999-5212 30.56 30.56 29139 05/16/96 001947 AMERIGAS PROPANE FUEL FOR CITY VEHICLES 001-162-999-5263 331.24 331.24 29140 05/16/96 000702 CADDY GRAPHICS 2 LOGOS FOR NEW SKATE PARK 190-180-999-5301 375.00 29140 05/16/96 000702 CADDY GRAPHICS OFFICIAL BADGE-4TH JULY PARADE 190-180-999-5301 20.00 395.00 29141 05/16/96 000638 CALIFORNIA DEPT OF CONS 1ST OTR SMI FEES COLLECTED 196 001-2280 539.78 29141 05/16/96 000638 CALIFORNIA DEPT OF CONS 1ST QTR SMI FEES COLLECTED 196 001-2290 2,509.67 29141 05/16/96 000638 CALIFORNIA DEPT OF CONS CITY'S 5% OF SMI FEES COLLECTD 001-162-4229 152.47- 2,896.98 29142 05/16/96 CAREY, NANCY REFUND:DISNEY ANIMATION 190-183-4982 50.00 50.00 29143 05/16/96 000135 CENTRAL CITIES SIGN SER RESHEETING OF STOP SIGNS 100-164-601-5244 707.52 29143 05/16/96 000135 CENTRAL CITIES SIGN SER TAX 100-164-601-5244 54.83 29143 05/16/96 000135 CENTRAL CITIES SIGN SER MISC. HARDWARE 100-164-601-5244 14.55 21"13 05/16/96 000135 CENTRAL CITIES SIGN SER MISC. HARDWARE 100-164-601-5244 187.80 05/16/96 000135 CENTRAL CITIES SIGN SER MISC. DIRECTIONAL SIGNS 100-164-601-5244 58.35 05/16/96 000135 CENTRAL CITIES SIGN SER MISC. DIRECTIONAL SIGNS 100-164-601-5244 522.16 29143 05/16/96 000135 CENTRAL CITIES SIGN SER SIGNS-STOP AHEAD 100-164-601-5244 58.19 1,603.40 29144 05/16/96 CHERRINGTON, PAMELA REFUND:ROOM RENTAL & DEPOSIT 190-183-4990 230.00 230.00 29145 05/16/96 CLIDENCE, BONNIE REFUND:HORSEMANSHIP 190-183-4982 200.00 200.00 29146 05/16/96 001275 COMPUSERVE, INC. APR-COMPUTER INFO SRVCS 320-199-999-5228 10.00 10.00 29147 05/16/96 002036 CONSOLIDATED REPROGRAPH NEW CITY HALL REPROGRAPHIC 210-199-650-5804 1,874.16 29147 05/16/96 002036 CONSOLIDATED REPROGRAPH NEW CITY HALL REPROGRAPHIC 210-199-650-5804 798.76 29147 05/16/96 002036 CONSOLIDATED REPROGRAPH NEW CITY HALL REPROGRAPHIC SVC 210-199-650-5804 407.26 3,080.18 29148 05/16/96 002106 DA FAMILY SUPPORT 002106 SUPPORT 190-2140 100.00 100.00 29149 05/16/96 001393 DATA TICKET, INC. MAR 96 PARKING CITS BILLING 001-140-999-5250 52.75 29149 05/16/96 001393 DATA TICKET, INC. MAR 96 PARKING CITS BILLING 001-170-999-5250 52.75 105.50 29150 05/16/96 000155 DAVLIN AUDIO/VISUAL CONSULT-CITY HALL 210-199-650-5804 400.00 29150 05/16/96 000155 DAVLIN RECORDINGS OF PC MEETINGS 001-161-501-5250 150.00 29150 05/16/96 000155 DAVLIN TAPING OF COUNCIL MEETINGS 001-100-999-5250 800.00 1,350.00 29151 05/16/96 000523 EASTERN MUNICIPAL WATER SERVICE FEES/MAINT FACILITY 210-190-144-5802 95.00 29151 05/16/96 000523 EASTERN MUNICIPAL WATER APR SRVCS-39656 DIEGO DR LDSC 193-180-999-5240 350.56 445.56 29152 05/16/96 002148 EXPRESS TEL APR-LONG DISTANCE PHONE SRVCS 320-199-999-5208 1,390.51 1,390.51 05/16/96 000478 FAST SIGNS DANGER HIGH VOLTAGE - SIGN 190-180-999-5244 46.33 05/16/96 000478 FAST SIGNS SIGN FOR CARS IN PARADE 190-183-999-5370 554.44 VOUCHRE2 CITY OF TEMECULA PACP 3 05/16/96 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29153 05/16/96 000478 FAST SIGNS CREDIT:INCORRECTLY INVOICED 190-183-999-5370 304.44- 296.33 29154 05/16/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-165-999-5230 15.00 29154 05/16/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 31.45 29154 05/16/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 190-180-999-5230 19.75 29154 05/16/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 330-199-999-5277 6.50 29154 05/16/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280-199-804-5802 47.00 29154 05/16/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 330-199-999-5277 22.10 141.80 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0040/PB/APR 001-100-999-5258 586.94 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0198/MJM/APR 001-110-999-5226 35.00 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0198/MJM/APR 001-110-999-5258 303.53 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0198/MJM/APR 001-110-999-5228 1.14 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0206/GR/APR 001-140-999-5260 15.57 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0123/GT/APR 001-161-501-5260 9.59 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0123/GT/APR 001-161-502-5260 9.58 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0123/GT/APR 001-161-501-5258 6.54 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0123/GT/APR 001-161-502-5258 6.54 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0131/APR/AE 001-162-999-5260 8.79 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0131/APR/AE 001-162-999-5258 8.96 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0057/APR/SN 190-180-999-5258 449.84 29155 05/16/96 001002 FIRST INTERSTATE BANK C 5473-6664-0391-0057/APR/SN 190-180-999-5260 13.50 1,4 29156 05/16/96 000184 G T E CALIFORNIA PAYM 909-676-3526/APR/FIRE ALARM 320-199-999-5208 80.15 29156 05/16/96 000184 G T E CALIFORNIA PAYM 909-694-6400/APR/GENERAL USAGE 320-199-999-5208 1,657.93 29156 05/16/96 000184 G T E CALIFORNIA PAYM 909-695-3539-APR/GENERAL USAGE 320-199-999-5208 35.28 29156 05/16/96 000184 G T E CALIFORNIA PAYM 909-699-1370/APR/GENERAL USAGE 320-199-999-5208 99.91 29156 05/16/96 000184 G T E CALIFORNIA PAYM 909-699-2309/APR/GENERAL USAGE 320-199-999-5208 25.91 1,899.18 29157 05/16/96 001355 G T E CALIFORNIA, INC. APR ACCESS CRC OPEN LINE 320-199-999-5208 350.00 29157 05/16/96 001355 G T E CALIFORNIA, INC. APR ACCESS RVSD CO OPEN LINE 320-199-999-5208 305.00 655.00 29158 05/16/96 GARZA, JOHN OR ANGELINA REFUND:CREATIVE BEGINNINGS 190-183-4982 30.00 30.00 29159 05/16/96 GEICO INSURANCE-SUBROGE COVER PHYSICAL VEHICLE DAMAGE 300-199-999-5207 2,140.56 2,140.56 29160 05/16/96 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-162-999-5220 80.64 29160 05/16/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FOR FINANCE 001-140-999-5220 32.98 29160 05/16/96 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 190-180-999-5220 13.47 29160 05/16/96 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 190-180-999-5220 10.30 29160 05/16/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FOR FINANCE 001-140-999-5220 26.94 29160 05/16/96 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 190-180-999-5220 53.34 29160 05/16/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FOR FINANCE 001-140-999-5220 32.11 249.78 29161 05/16/96 002341 GRANTSMANSHIP CENTER, T GRANTMNSHP CONF:BRODOWSKI:5/20 001-171-999-5261 595.00 595.00 29162 05/16/96 GREENWOOD, JERRY REFUND- JR. LIFEGUARD CLASS 190-183-4975 40.00 40.00 29163 05/16/96 002252 GUARD SYSTEMS, INC SEC SRVCS W/E 4/28-SPORTS PARK 210-190-137-5801 293.75 29-7 79 29164 05/16/96 001575 HAAKER EQUIPMENT COMPAN WARRANTY FOR EMERGENCY PUMPER 001-171-999-5214 750.00 7- Voll"QE2 CITY OF TEMECULA PAGE 4 0 6 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29165 05/16/96 000378 HAFELI, THOMAS REIMB:CF-SIERRA-5/1-3/HAFELI 320-199-999-5258 340.74 340.74 29166 05/16/96 HALE, THOMAS OR PATRICI REFUND:BEGINNING TAEKWONDO 190-183-4982 25.00 25.00 29167 05/16/96 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES FOR PARKS 190-180-999-5212 853.49 29167 05/16/96 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES FOR TCSD 190-180-999-5212 762.48 1,615.97 29168 05/16/96 HARRIS, PEGGIE OR RICHA REFUND:DISNEY ANIMATION 190-183-4982 65.00 65.00 29169 05/16/96 00;)338 HENRY & TENNER LEGAL FEES-TEM VLLY AUTO LOAN 280-1530 8,660.39 8,660.39 29170 05/16/96 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,326.67 29170 05/16/96 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 100-2080 242.31 29170 05/16/96 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 190-2080 436.85 2,005.83 29171 05/16/96 001429 INACOM INFORMATION SYST MISC. SERVER PARTS 320-1970 166.00 29171 05/16/96 001429 INACOM INFORMATION SYST FREIGHT 320-1970 12.87 178.87 29172 05/16/96 001407 INTER VALLEY POOL SUPPL POOL SANITIZING CHEMICALS 190-182-999-5212 241.36 241.36 2,P'73 05/16/96 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 154.91 05/16/96 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 100-2140 154.90 309.81 29174 05/16/96 001465 J D AUDIO VISUAL PORTABLE P.A. SOUND SYSTEM 190-180-999-5610 799.00 29174 05/16/96 001465 J D AUDIO VISUAL FREIGHT 190-180-999-5610 25.00 29174 05/16/96 001465 J D AUDIO VISUAL TAX 190-180-999-5610 63.86 887.86 29175 05/16/96 JOHNSON, DEBBIE REFUND:GYMNASTICS 190-183-4982 45.00 45.00 29176 05/16/96 KARLS, RUTH REFUND:TRIP CANCELLATION 190-183-4986 46.00 46.00 29177 05/16/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 4/29 EVANS 001-163-999-5118 113.15 29177 05/16/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 4/29 EVANS 100-164-604-5118 219.65 332.80 29178 05/16/96 001123 KNOX INDUSTRIAL SUPPLIE SMALL TOOLS/EQUIP-PW MAINT 100-164-601-5242 107.46 29178 05/16/96 001123 KNOX INDUSTRIAL SUPPLIE TAX 100-164-601-5242 8.33 115.79 29179 05/16/96 000945 L P S COMPUTER SERVICE HP TONER CARTRIDGES 320-199-999-5221 414.00 29179 05/16/96 000945 L P S COMPUTER SERVICE HP TONER CARTRIDGES 320-199-999-5221 440.00 29179 05/16/96 000945 L P S COMPUTER SERVICE TAX 320-199-999-5221 66.19 920.19 29180 05/16/96 LEE, MICHAEL REFUND:NATURE/ENGLISH CLASS 190-183-4982 15.00 15.00 29181 05/16/96 001513 LIBERTY AUTO CENTER VEHICLE REPAIRS/MAINT 190-180-999-5214 146.60 146.60 29182 05/16/96 000214 LUNCH & STUFF CATERING CITY COUNCIL MEETING 5/14 001-100-999-5260 80.00 80.00 29183 05/16/96 000394 MAINTENANCE SUPERINTEND MEMBERSHIP: KICAK, JOSEPH 100-164-601-5226 30.00 29183 05/16/96 000394 MAINTENANCE SUPERINTEND MEMBERSHIP: SURON, BRAD 100-164-604-5226 10.00 40.00 05/16/96 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 3/10-17 SNYDER 100-164-601-5118 234.38 VOUCHRE2 CITY OF TEMECULA PAR-I 5 05/16/96 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29184 05/16/96 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 3/10-17 SNYDER/L 100-164-601-5118 466.50 29184 05/16/96 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 4/28 SNYDER 190-180-999-5118 574.00 1,274.88 29185 05/16/96 001384 MINUTEMAN PRESS 500 2-PT CORRENTION NOTICE/B&S 001-162-999-5222 60.92 29185 05/16/96 001384 MINUTEMAN PRESS TAX 001-162-999-5222 4.72 29185 05/16/96 001384 MINUTEMAN PRESS 1000 ENVELOPES:TEM POLICE DEPT 001-170-999-5222 62.55 29185 05/16/96 001384 MINUTEMAN PRESS TAX 001-170-999-5222 4.85 133.04 29186 05/16/96 001892 MOBILE MODULAR MAY LEASE-INTERIM FIRE STATION 001-171-999-5470 905.00 29186 05/16/96 001892 MOBILE MODULAR TAX 001-171-999-5470 70.14 29186 05/16/96 001892 MOBILE MODULAR MAY LEASE INTERIM FIRE STATION 001-171-999-5470 685.00 29186 05/16/96 001892 MOBILE MODULAR TAX 001-171-999-5470 53.09 1,713.23 29187 05/16/96 000883 MONTELEONE EXCAVATING PAUBA ROAD DESILTING POND 100-164-601-5401 995.00 995.00 29188 05/16/96 001394 NATIONAL SANITARY SUPPL CRC BUILDING MAINT SUPPLIES 190-180-999-5212 582.13 582.13 29189 05/16/96 000235 0 C B REPROGRAPHICS, IN CREEK RESTORATION BLUEPRINTS 210-190-138-5802 67.76 67.76 29190 05/16/96 002292 OASIS VENDING HOT BEVERAGE SUPPLIES/SERVICES 340-199-999-5250 311.11 311.11 29191 05/16/96 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINT & REPAIRS/LAND D 001-163-999-5214 482.88 29191 05/16/96 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINT & REPAIRS/93019 001-163-999-5214 89.95 5, 29192 05/16/96 002344 OSVOLD, HEIDA REIMB:SIERRA CF 5/1-3 OSVOLD 001-162-999-5258 728.99 29192 05/16/96 002344 OSVOLD, HEIDA REIMB:SIERRA CF 5/1-3 OSVOLD 001-161-502-5258 69.46 29192 05/16/96 002344 OSVOLD, HEIDA REIMB:SIERRA CF 5/1-3 OSVOLD 001-161-501-5258 69.46 867.91 29193 05/16/96 OWIDER, ART REFUND- TRIP 190-183-4986 23.00 29193 05/16/96 OWIDER, ART REFUND- TRIP 190-183-4986 23.00 46.00 29194 05/16/96 001561 PAGENET MAY 96 PAGER SERVICES 190-180-999-5250 75.00 29194 05/16/96 001561 PAGENET MAY 96 PAGER SERVICES 001-162-999-5238 37.50 29194 05/16/96 001561 PAGENET MAY 96 PAGER SERVICES 001-170-999-5242 70.00 29194 05/16/96 001561 PAGENET MAY 96 PAGER SERVICES 001-163-999-5250 15.00 29194 05/16/96 001561 PAGENET MAY 96 PAGER SERVICES 100-164-601-5238 15.00 29194 05/16/96 001561 PAGENET MAY 96 PAGER SERVICES 001-165-999-5238 7.50 29194 05/16/96 001561 PAGENET MAY 96 PAGER SERVICES 100-164-604-5208 7.50 29194 05/16/96 001561 PAGENET MAY 96 PAGER SERVICES 001-100-999-5250 15.00 29194 05/16/96 001561 PAGENET MAY 96 PAGER SERVICES 320-199-999-5238 18.95 29194 05/16/96 001561 PAGENET MAY 96 PAGER SERVICES 001-120-999-5250 6.53 29194 05/16/96 001561 PAGENET MAY 96 PAGER SERVICES 001-120-999-5250 .97 268.95 29195 05/16196 000472 PARADISE CHEVROLET, INC CHEVY LUMINA FOR PLANNING DEPT 310-1910 14,743.20 14,743.20 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 001-2130 191.62 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 100-2130 65.18 29196 05/16/96 000246 PERS (EMPLOYEESF RETIRE 000246 PERS RET 001-2390 14,479.39 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 100-2390 2,642.71 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 82.54 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 2,755.22 VOLtr"QE2 CITY OF TEMECULA PAGE 6 0! 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 95.63 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 111.05 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 326.06 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 75.17 29196 05/16/96 000246 PERS (EMPLOYEES# RETIRE 000246 PERS RET 280-2390 226.21 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 106.83 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 282.54 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 119.24 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 365.72 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 61.41 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 100-2390 11.15 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 .23 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 12.56 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 .46 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 .93 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 1.40 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 .23 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 .78 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 300-2390 .46 29196 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 .93 29106 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390 .93 05/16/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 2.09 22,018.67 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-502-5260 22.82 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-502-5260 25.18 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 280-199-999-5212 4.79 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 24.00 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5220 22.95 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 100-164-601-5218 2.13 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-140-999-5260 4.69 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5340 4.00 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5320 54.92 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5340 3.62 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-182-999-5212 9.64 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 31.63 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 7.00 29197 05/16/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 31.34 29197 05/16/96 000?49 PETTY CASH PETTY CASH REIMBURSEMENT 190-180-999-5260 23.98 272.69 29198 05/16/96 PHILLIPS, SUSAN REFUND- STORYTIME ADVENTURE 190-183-4982 20.00 20.00 29199 05/16/96 000580 PHOTO WORKS FILM & PHOTO DEVELOPING 190-180-999-5301 76.24 76.24 29200 05/16/96 000254 PRESS-ENTERPRISE COMPAN RECRUITMENT ADS/MAINT & RECREA 001-150-999-5254 444.40 444.40 29201 05/16/96 001938 PRICE, JOAN F. MINUTE CLERK/PUBLIC TRAFFIC 100-164-602-5250 100.00 29201 05/16/96 001938 PRICE, JOAN F. RDA COMMITTEE MEETING MINUTES 280-199-999-5250 100.00 29201 05/16/96 001938 PRICE, JOAN F. MINUTE CLERK FOR PLAN COMM MTG 001-161-501-5250 50.00 29201 05/16/96 001938 PRICE, JOAN F. MINUTE CLERK FOR PLAN COMM MTG 001-161-501-5250 50.00 05/16/96 001938 PRICE, JOAN F. COMM SERVS MTG/MINUTE CLERK 190-180-999-5250 50.00 350.00 VOUCHRE2 CITY OF TEMECULA 7 05/16/96 16:43 VOLJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29202 05/16/96 002110 PRIME EQUIPMENT SCISSOR LIFT RENTAL-PARKS 190-180-999-5238 104.59 104.59 29203 05/16/96 000255 PRO LOCK & KEY SENIOR CENTER KITCHEN LOCKS 190-181-999-5212 85.57 29203 05/16/96 000255 PRO LOCK & KEY LABOR 190-181-999-5212 135.00 29203 05/16/96 000255 PRO LOCK & KEY TAX 190-181-999-5212 6.63 227.20 29204 05116/96 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS AND MISC SUPPLIES 210-165-647-5804 28.05 28.05 29205 05/16/96 002176 RANCHO CALIF BUS PARK A ARCHITECT APPR/MAINT FACILITY 210-190-144-5802 150.00 150.00 29206 05/16/96 000262 RANCHO CALIFORNIA WATER VARIOUS WTR METER FOR LCSP 100-164-601-5240 25.18 29206 05/16/96 000262 RANCHO CALIFORNIA WATER VARIOUS WTR METER FOR LCSP 190-180-999-5240 2,326.96 29206 05/16/96 000262 RANCHO CALIFORNIA WATER VARIOUS WTR METER FOR LCSP 190-181-999-5240 103.57 29206 05/16/96 000262 RANCHO CALIFORNIA WATER VARIOUS WTR METER FOR LCSP 190-182-999-5240 2,015.19 29206 05/16/96 000262 RANCHO CALIFORNIA WATER VARIOUS WTR METER FOR LCSP 191-180-999-5240 120.42 29206 05/16/96 000262 RANCHO CALIFORNIA WATER VARIOUS WTR METER FOR LCSP 193-180-999-5240 2,110.39 29206 05/16/96 000262 RANCHO CALIFORNIA WATER VARIOUS WTR METER FOR LCSP 340-199-999-5240 341.30 7,043.01 29207 05/16/96 000907 RANCHO CAR WASH VEHICLE DETAILING & MAINT/CM 001-110-999-5214 9.00 29207 05/16/96 000907 RANCHO CAR WASH VEHICLE DETAILING & MAINT/CM 001-110-999-5263 10.00 29207 05/16/96 000907 RANCHO CAR WASH VEHICLE DETAILING & MAINT/TCSD 190-180-999-5214 12.00 29207 05/16/96 000907 RANCHO CAR WASH VEHICLE DETAILING & MAINT/B&S 001-162-999-5214 28.00 29207 05/16/96 000907 RANCHO CAR WASH VEHICLE DETAILING & MAINT/LAND 001-163-999-5214 16.00 29208 05/16/96 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES - PARKS 190-180-999-5212 46.55 46.55 29209 05/16/96 RANCHO MUSIC ASSOC., TH REFUND- SECURITY DEPOSIT 190-183-4990 100.00 100.00 29210 05/16/96 001084 RANCHO PAVING REPAIR DR APPROACH 4th & FRONT 100-164-601-5402 900.00 900.00 29211 05/16/96 001046 REXON, FREEDMAN, KLEPET APR 96 PROF LEGAL SERVS 001-130-999-5247 35.00 35.00 29212 05/16/96 RICCI, PAM REFUND- SINGING & STAGE PERFOR 190-183-4982 36.00 36.00 29213 05/16/96 000418 RIVERSIDE CO. CLERK & R APERTURE CARDS DUPLICATES 001-163-999-5220 5.00 5.00 29214 05/16/96 000271 ROBERT BEIN, WM FROST & JAN 96 PLAN CHECK SERVICES 001-162-999-5248 204.11 29214 05/16/96 000271 ROBERT BEIN, WM FROST & FEB 96 PLAN CHECK SERVICES 001-162-999-5248 145.13 29214 05/16/96 000271 ROBERT BEIN, WM FROST & MAR 96 ENGINEER SERVS-WALCOTT 210-165-637-5802 850.00 1,199.24 29215 05/16/96 000958 ROBERT CARAN PRODUCTION FIREWORKS/4TH OF JULY 1996 190-183-999-5370 9,000.00 9,000.00 29216 05/16/96 ROUSSEAU, ELBERT REFUND- TRIP 190-183-4986 23.00 29216 05/16/96 ROUSSEAU, ELBERT REFUND- TRIP 190-183-4986 23.00 46.00 29217 05/16/96 SALTZMAN, CHRISTINE REFUND: EXTRA POINTS @ THE CRC 190-183-4980 30.00 30.00 29218 05/16/96 SIMS, TAMBLA REFUND-STORYTIME ADVENTURE 190-183-4982 20.00 20.00 29219 05/16/96 000645 SMART & FINAL, INC. RECREATION CLASS SUPPLIES 190-180-999-5301 56.90 VOI"@2 CITY OF TEMECULA PAGE 8 01 5 16:43 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29220 05/16/96 SMITH, RUTH REFUND- TRIP 190-183-4986 23.00 29220 05/16/96 SMITH, RUTH REFUND- TRIP 190-183-4986 23.00 46.00 29221 05/16/96 000374 SOUTHERN CALIF EDISON ELECT SERV @ TEM DUCK POND 210-190-143-5804 392.62 392.62 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4769 JS 001-100-999-5208 71.34 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4204 KL 001-100-999-5208 63.00 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4763 PB 001-100-999-5208 50.92 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4758 RR 001-100-999-5208 117.17 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 205-4070 MJM 001-110-999-5208 147.58 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4770 RB 001-110-999-5208 49.40 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4757 JG 001-120-999-5208 53.18 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-5153 GY 001-150-999-5208 148.26 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 203-9994 RR 100-164-601-5208 52.04 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4764 8B-PW BLAZER 100-164-601-5208 117.02 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4760 JH 100-164-603-5208 153.14 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4765 PW MAINT CREW 100-164-601-5208 62.02 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 205-8688 PW EOC 100-164-604-5208 121.36 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4754 KH 190-180-999-5208 58.65 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-3800 MW 190-180-999-5208 85.38 2c"'? 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-3800 MW 190-180-999-5208 85.86 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-3800 MW 190-180-999-5208 109.49 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4752 SN 190-180-999-5208 63.03 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 212-0934 SR VAN 190-180-999-5208 50.03 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 205-7877 EOC 320-199-999-5208 45.35 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 202-4756 KRTM EOC 320-199-999-5208 43.13 29222 05/16/96 000375 SOUTHERN CALIF TELEPHON 909 519-2136 TH 320-199-999-5208 38.35 1,785.70 29223 05/16/96 SPARKS, JEAN REFUND:GOLF CLASS 190-183-4980 20.00 20.00 29224 05/16/96 000291 SPEE DEE OIL CHANGE & T CITY VEHICLE MAINT. & REPAIRS 001-162-999-5214 30.70 29224 05/16/96 000291 SPEE DEE OIL CHANGE & T CITY VEHICLE MAINT. & REPAIRS 001-110-999-5214 22.49 53.19 29225 05/16/96 001576 STEWARD COMPANY, THE DRILL BLOCKS 330-199-999-5242 17.95 29225 05/16/96 001576 STEWARD COMPANY, THE DRILL EASE 330-199-999-5242 1.59 29225 05/16/96 001576 STEWARD COMPANY, THE IMPERIAL DRILL BIT 330-199-999-5242 44.00 29225 05116/96 001576 STEWARD COMPANY, THE FREIGHT 330-199-999-5242 4.50 29225 05/16/96 001576 STEWARD COMPANY, THE TAX 330-199-999-5242 4.92 72.96 29226 05/16/96 001497 T R W,INC.-INFORMATION CREDIT REPTS FOR RDA LOANS 280-199-999-5250 50.00 50.00 29227 05/16196 000305 TARGET STORE CRC CLASS SUPPLIES 190-182-999-5301 26.10 26.10 29228 05/16/96 TEMECULA VALLEY NATIONA REFUND - KEY DEPOSIT 190-2900 80.00 29228 05/16/96 TEMECULA VALLEY NATIONA REFUND- SECURITY DEPOSIT 190-2900 100.00 29228 05/16/96 TEMECULA VALLEY NATIONA REFUND - KEY DEPOSIT 190-2900 40.00 220.00 29229 05/16/96 000306 TEMECULA VALLEY PIPE & MISC HARDWARE & MAINT SUPPLIES 190-180-999-5212 760.41 29279 05/16/96 000306 TEMECULA VALLEY PIPE & MISC HARDWARE & MAINT SUPPLIES 190-180-999-5212 144.11 904.52 1 05/16/96 000919 TEMECULA VALLEY UNIFIED COMM SERVS FUND-CHILD CARE PRG 001-100-999-5267 4,000.00 4,000.00 VOUCHRE2 CITY OF TEMECULA PAr' 9 05/16/96 16:43 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29231 05/16/96 002337 TENNER, ERIN K. LEGAL FEES-TEM VLLY AUTO LOAN 280-1530 3,339.61 3,339.61 29232 05/16/96 000320 TOWNE CENTER STATIONERS MISC OFFICE SUPPLIES 001-165-999-5220 247.98 29232 05/16/96 000320 TOWNE CENTER STATIONERS MISC. OFFICE SUPPLIES 001-163-999-5220 202.86 29232 05/16/96 000320 TOWNE CENTER STATIONERS MISC OFFICE SUPPLIES 100-164-604-5220 202.66 653.50 29233 05/16/96 001179 TREBOR COMPANY INC., TH NIGHT-TIME SLEEVES To 50 CONES 100-164-601-5218 100.00 100.00 29234 05/16/96 002016 TSUTSUMIDA & ASSOCIATES PRGSS PMT CITY HALL DESIGN SER 210-199-650-5804 765.00 765.00 29235 05/16/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 001-2080 2,992.45 29235 05/16/96 001065 U S C M /PESSCO (DEF. C 001065 DEF COMP 100-2080 176.85 29235 05/16/96 001065 U S C M /PESSCO (DEF. C 001065 DEF COMP 190-2080 758.35 29235 05/16/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 194-2080 5.00 29235 05/16/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 280-2080 25.00 29235 05/16/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 300-2080 5.00 29235 05/16/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 320-2080 312.50 29235 05/16/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 340-2080 74.82 4,349.97 29236 05/16/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 001-2160 505.32 29236 05/16/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 100-2160 130.24 29236 05/16/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 190-2160 671.72 29236 05/16/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 193-2160 43.90 29236 05/16/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 280-2160 99.82 29236 05/16/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 320-2160 150.00 1,601.00 29237 05/16/96 000325 UNITED WAY OF THE INLAN 000325 uw 001-2120 67.25 29237 05/16/96 000325 UNITED WAY OF THE INLAN 000325 uw 100-2120 10.95 29237 05/16/96 000325 UNITED WAY OF THE INLAN 000325 uw 190-2120 15.00 29237 05/16/96 000325 UNITED WAY OF THE INLAN 000325 uw 280-2120 .30 93.50 29238 05/16/96 000326 UNITOG RENTAL SERVICE, UNIFORMS MAINT FOR PW 100-164-601-5243 328.86 29238 05/16/96 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL @ CITY HALL 340-199-999-5250 82.19 29238 05/16/96 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL @ C.R.C. 190-182-999-5250 80.95 29238 05/16/96 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL @ SR CENTER 190-181-999-5250 51.31 543.31 29239 05/16/96 001342 WAXIE SANITARY SUPPLY, BLDG MAINT SUPPLIES-SR CENTER 190-180-999-5212 132.89 29239 05/16/96 001342 WAXIE SANITARY SUPPLY, BUILDING MAINT. SUPPLIES-CRC 190-182-999-5212 137.81 270.70 29240 05/16/96 000339 WEST PUBLISHING COMPANY PUBLICATIONS FOR CITY HALL 001-120-999-5228 69.42 69.42 29241 05/16/96 002109 WHITE CAP MAINT CREW SUPPLIES 100-164-601-5218 99.93 29241 05/16/96 002109 WHITE CAP TAX 100-164-601-5218 7.74 107.67 29242 05/16/96 000345 XEROX CORPORATION BILLI FUSER WES FOR THE 5100 330-199-999-5220 115.00 29242 05/16/96 000345 XEROX CORPORATION BILLI TAX 330-199-999-5220 8.92 29242 05/16/96 000345 XEROX CORPORATION BILLI 5021 LEASE COPIER @ THE CRC 190-182-999-5239 117.84 241.76 29243 05/16/96 000347 ZEE SERVICE COMPANY, IN MEDICAL SUPPLIES FOR CITY HALL 340-199-999-5250 45.20 29243 05/16/96 000347 ZEE SERVICE COMPANY, IN MEDICAL SUPPLIES FOR CITY HALL 340-199-999-5250 36.10 29244 05/16/96 ZIMMERMAN, BARBARA REFUND- HORSEMANSHIP 190-183-4982 100.00 100.00 TOTAL CHECKS 155,030.32 VoLir@,E2 CITY OF TEMECULA PAGE 4 ol 5 08:50 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 39,855.63 100 GAS TAX FUND 84,543.06 165 RDA DEV- LOW/MOD SET ASIDE 9,592.42 190 COMMUNITY SERVICES DISTRICT 6,728.48 193 TCSD SERVICE LEVEL C 17,555.00 210 CAPITAL IMPROVEMENT PROJ FUND 162,329.33 280 REDEVELOPMENT AGENCY - CIP 251,537.10 300 INSURANCE FUND 1,304.55 320 INFORMATION SYSTEMS 8,544.44 390 TCSD DEST SERVICE 1,711.86 TOTAL 583,701.87 VOUCHRE2 CITY OF TEMECULA PAr-' 1 05/17/96 08:50 VOUCHER/CHECK REGISTER FOR ALL PERIODS @IOUCHER/ .,HECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29247 05/28/96 001916 ALBERT A. WEBB ASSOCIAT PROF SERVICE:6TH ST. PARKING 280-199-804-5802 3,682.50 3,682.50 29248 05/28/96 001538 ALBERT GROVER & ASSOCIA APR PROF SRVCS-PW95-16 210-165-640-5802 16,000.00 29248 05/28/96 001538 ALBERT GROVER & ASSOCIA APR SIGNAL DESIGN SRVC-PW96-03 210-165-647-5802 1,500.00 17,500.00 29249 05/28/96 001281 ALHAMBRA GROUP DESIGN SERVICES-MARGARITA PARK 210-190-119-5802 2,575.00 2,575.00 29250 05/28/96 000102 AMERICAN FENCE CO. OF C FENCE REPAIR/INSTALLATION 210-190-141-5804 7,838.00 7,838.00 29251 05/28/96 000123 BURKE WILLIAMS & SORENS APPROVED BY CLAIM ADJUSTER 300-199-999-5246 1,459.55 29251 05/28/96 000123 BURKE WILLIAMS & SORENS W/H 1HR @ 155 PER ADJUSTER 300-199-999-5246 155.00- 1,304.55 29252 05/28/96 000126 CALIFORNIA LANDSCAPE MA IRRIGATION IMPROV FOR THE POND 210-190-143-5804 7,112.00 7,112.00 29253 05/28/96 000135 CENTRAL CITIES SIGN SER RESHEETING -STOP SIGNS 100-164-601-5244 945.71 29253 05/28/96 000135 CENTRAL CITIES SIGN SER TAX 100-164-601-5244 90.87 29253 05/28/96 000135 CENTRAL CITIES SIGN SER RESHEETING - STOP SIGNS 100-164-601-5244 226.78 1,263.36 29254 05/28/96 001014 COUNTRY SIGNS & DESIGNS CONCRETE SIGN/BUTTER STAGE PRK 190-180-999-5244 3,180.98 29254 05/28/96 001014 COUNTRY SIGNS & DESIGNS CONCRETE SIGN/TEM DUCK POND 210-190-143-5802 3,180.99 6,361.97 29255 05/28/96 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 4/26 MAGNERA 001-162-999-5250 1,721.56 1,7 29256 05/28/96 000164 ESGIL CORPORATION JAN PROFESSIONAL SRVCS/PLAN CK 001-162-999-5248 3,157.92 29256 05/28/96 000164 ESGIL CORPORATION MARCH PROF. SRVCS-PLAN CHECK 001-162-999-5248 3,619.62 29256 05/28/96 000164 ESGIL CORPORATION REVIEW PLANS - NEW CITY HALL 210-199-650-5804 1,174.42 7,951.96 29257 05/28/96 001056 EXCEL LANDSCAPE LNDSC. IMPRV.-CITY SLOPES 193-180-999-5212 3,000.00 29257 05/28/96 001056 EXCEL LANDSCAPE LNDSC. IMPRV.-CITY SLOPES 193-180-999-5212 300.00 29257 05/28/96 001056 EXCEL LANDSCAPE LNDSC. IMPRV. - CITY SLOPES 193-180-999-5212 1,500.00 29257 05/28/96 001056 EXCEL LANDSCAPE LNDSC. IMPROV. - CITY SLOPES 193-180-999-5212 1,500.00 29257 05/28/96 001056 EXCEL LANDSCAPE LNDS. IMPROV. - CITY SLOPES 193-180-999-5212 300.00 29257 05/28/96 001056 EXCEL LANDSCAPE LNDSC. IMPROV. - CITY SLOPES 193-180-999-5212 180.00 29257 05/28/96 001056 EXCEL LANDSCAPE LNDSC. IMPROV. - CITY SLOPES 193-180-999-5212 225.00 29257 05/28/96 001056 EXCEL LANDSCAPE LNDSC. IMPROV. - CITY SLOPES 193-180-999-5212 120.00 29257 05/28/96 001056 EXCEL LANDSCAPE LNDSC. IMPROV. - CITY SLOPES 193-180-999-5212 1,500.00 29257 05/28/96 001056 EXCEL LANDSCAPE CITY SLOPE ENHANCEMENTS 193-180-999-5212 50.00 29257 05/28/96 001056 EXCEL LANDSCAPE CITY SLOPE ENHANCEMENTS 193-180-999-5212 20.00 29257 05/28/96 001056 EXCEL LANDSCAPE CITY SLOPE ENHANCEMENTS 193-180-999-5212 150.00 29257 05/28/96 001056 EXCEL LANDSCAPE CITY SLOPE ENHANCEMENTS 193-180-999-5212 120.00 29257 05/28/96 001056 EXCEL LANDSCAPE CITY SLOPE ENHANCEMENTS 193-180-999-5212 400.00 29257 05/28/96 001056 EXCEL LANDSCAPE CITY SLOPE ENHANCEMENTS 193-180-999-5212 100.00 29257 05/28/96 001056 EXCEL LANDSCAPE CITY SLOPE ENHANCEMENTS 193-180-999-5212 400.00 29257 05/28/96 001056 EXCEL LANDSCAPE CITY SLOPE ENHACEMENTS 193-180-999-5212 160.00 29257 05/28/96 001056 EXCEL LANDSCAPE CITY SLOPE ENHANCEMENTS 193-180-999-5212 120.00 29257 05/28/96 001056 EXCEL LANDSCAPE CITY SLOPE ENHANCEMENT 193-180-999-5212 175.00 10,320.00 29258 05/28/96 002159 FIRST AMERICAN TITLE IN POLICY OF TITLE INSURANCE/PARK 190-180-999-5250 1,072.50 1,072.50 29259 05/28/96 002340 FIRST TRUST CALIFORNIA TCSD SEMI ANNUAL ADMIN FEE 390-199-999-5227 1,711.86 1,7 vour-@ CITY OF TEMECULA PAGE 2 05 08:50 VC)UCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29260 05/28/96 001989 FOX NETWORK SYSTEMS, IN AUTO SWITCH/CPU CARDS/MotiSE 320-1970 1,675.00 29260 05/28/96 001989 FOX NETWORK SYSTEMS, IN TAX 320-1970 129.82 1,804.82 29261 05/28/96 002129 GREAT WEST CONTRACTORS, PRGSS PMT #4-FIRESTATION #84 210-190-626-5804 116,242.93 29261 05/28/96 002129 GREAT WEST CONTRACTORS, C.O. #1-FIRE STATION 210-190-626-5804 10,582.91 29261 05/28/96 002129 GREAT WEST CONTRACTORS, RET:PRGSS PMT #4-FIRE STATION 210-2035 12,682.59- 114,143.25 29262 05/28/96 000520 H D L COREN & CONE, INC SALES TAX CALC. SRVCS CFD-8812 001-1280 2,500.00 2,500.00 29263 05/28/96 001429 INACOM INFORMATION SYST BACK UP SERVER PARTS 320-1970 1,690.00 29263 05/28/96 001429 INACOM INFORMATION SYST FREIGHT 320-1970 67.15 29263 05/28/96 001429 INACOM INFORMATION SYST TAX 320-1970 130.98 29263 05/28/96 001429 INACOM INFORMATION SYST BACKORDERED PARTS FOR CRC SRVR 320-1970 1,556.00 29263 05/28/96 001429 INACOM INFORMATION SYST TAX 320-1970 120.59 29263 05/28/96 001429 INACOM INFORMATION SYST BACK ORDER-PARTS FOR CITY SRVR 320-1970 1,276.00 29263 05128/96 001429 INACOM INFORMATION SYST TAX 320-1970 98.90 4,939.62 29264 05/28/96 002062 JOHN EGAN & ASSOCIATES, C 0 #1-WESTERN BY-PASS 210-1279 4,685.00 4,685.00 29265 05/28/96 001894 JOHNSON FENCE COMPANY PALA PARK CAPITAL IMPROVEMENTS 210-190-120-5804 3,120.00 3,120.00 @05/28/96 001192 K L M ENGINEERING REMOVE DESILTING POND-JEDEDIAH 100-164-601-5401 7,365.00 2. 05/28/96 001192 K L M ENGINEERING REMOVE SILT-VIA LOBO CHANNEL 100-164-601-5401 6,884.00 14,249.00 29267 05/28/96 002187 LAKE ELSINORE ANIMAL FR APRIL-ANIMAL CONTROL SERVICES 001-172-999-5255 3,236.68 3,236.68 29268 05/28/96 001658 LIENHARD CONSULTING GRO COMPUTER TRAINING ON-SITE 320-199-999-5261 1,800.00 1,800.00 29269 05/28/96 000217 MARGARITA OFFICIALS ASS ADULT SOFTBALL OFFICIALS 190-183-999-5380 1,920.60 29269 05/28/96 000217 MARGARITA OFFICIALS ASS ADULT SOFTBALL OFFICIALS 190-183-999-5380 554.40 2,475.00 29270 05/28/96 000973 MIRACLE RECREATION EQUI 151 ALUMINUM PLAYER BENCH 210-190-141-5804 836.00 29270 05/28/96 000973 MIRACLE RECREATION EQUI FREIGHT 210-190-141-5804 99.88 29270 05/28/96 000973 MIRACLE RECREATION EQUI TAX 210-190-141-5804 64.79 1,000.67 29271 05/28/96 000883 MONTELEONE EXCAVATING SANTIAGO RD - REMOVE DESILTING 100-164-601-5401 8,500.00 29271 05/28/96 000883 MONTELEONE EXCAVATING CITY WIDE SHOULDER GRADING 100-164-601-5402 5,500.00 29271 05/28/96 000883 MONTELEONE EXCAVATING VALLEJO CHANNEL REPAIRS 100-164-601-5401 1,800.00 15,800.00 29272 05/28/96 002035 MORTON INTERNATIONAL TRAFFIC MARKING PAINT/STREETS 100-164-601-5218 6,792.50 29272 05/28/96 002035 MORTON INTERNATIONAL TAX 100-164-601-5218 526.42 7,318.92 29273 05/28/96 001339 MORTON INTERNATIONAL, I TRAFFIC MARKING PAINT & MISC. 100-164-601-5218 1,100.00 29273 05/28/96 001339 MORTON INTERNATIONAL, I TAX 100-164-601-5218 85.25 1,185.25 29274 05/28/96 001007 N P G CORP. ASPHALT REPAIRS/WINCHESTER RD 100-164-601-5402 3,295.00 3,295.00 29275 05/28/96 001713 NORRIS-REPKE, INC. MAR 96 ENG SERVS-LST ST BRIDGE 280-199-807-5802 19,796.28 29?75 05/28/96 001713 NORRIS-REPKE, INC. MAR ENG SERVS-LST ST BRIDGE 280-199-807-5802 630.00 20,426.28 2@ 05/28/96 001383 P M W ASSOCIATES, INC. APR 96 PROF RDA CONSULT SERVS 280-199-999-5248 4,605.42 VOUCHRE2 CITY OF TEMECULA p, 3 05/17/96 08:50 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 29276 05/28/96 001383 P M W ASSOCIATES, INC. APR 96 PROF RDA CONSULT SERVS 165-199-999-5248 4,605.42 9,210.84 29277 05/28/96 002073 RESOURCE GROUP, THE COMMUNITY SRVCS CENSUS 165-199-999-5250 4,987.00 4,987.00 29278 05/28/96 000406 RIVERSIDE CO. SHERIFFIS SCAIR PRGM FOR JAN/MAR 96 001-170-999-5288 4,717.04 29278 05/28/96 000406 RIVERSIDE CO. SHERIFFIS SCAIR PRGM FOR JAN/MAR 96 001-170-999-5262 157.82 29278 05/28/96 000406 RIVERSIDE CO. SHERIFFIS OVRCHGE FACILITIES INV 11497 001-170-999-5234 2,301.53- 29278 05/28/96 000406 RIVERSIDE CO. SHERIFF'S FEB 96 BOOKING FEES 001-170-999-5273 11,260.80 13,834.13 29279 05/28/96 000357 RIVERSIDE CO. TRANSPORT 3rd & 4th OTR SIGNAL SERVS CHG 100-164-602-5405 37,464.00 37,464.00 29280 05/28/96 002181 RIVERSIDE CONSTRUCTION APR PRGSS PMT/WINCH & I-15 280-199-602-5804 246,601.00 29280 05/28/96 002181 RIVERSIDE CONSTRUCTION APR PRGSS PMT-WINCH/I-15 CO#2 280-199-602-5804 980.00 29280 05/28/96 002181 RIVERSIDE CONSTRUCTION RETENTION W/H FOR INV 960405 280-2035 24,758.10- 222,822.90 29281 05/28/96 002237 RIVERSIDE LANDSCAPE & I LDSCPE IMPROVEMNT WINCH CREEK 193-180-999-5212 1,250.00 29281 05/28/96 002237 RIVERSIDE LANDSCAPE & I LDSCPE IMPROVEMNT WINCH CREEK 193-180-999-5212 725.00 29281 05/28/96 002237 RIVERSIDE LANDSCAPE & I LDSCPE IMPROVEMNT WINCH CREEK 193-180-999-5212 725.00 29281 05/28/96 002237 RIVERSIDE LANDSCAPE & I LDSCPE IMPROVEMNT WINCH CREEK 193-180-999-5212 625.00 29281 05/28/96 002237 RIVERSIDE LANDSCAPE & I LDSCPE IMPROVEMNT WINCH CREEK 193-180-999-5212 870.00 29281 05/28/96 002237 RIVERSIDE LANDSCAPE & I LDSCPE IMPROVEMNT WINCH CREEK 193-180-999-5212 770.00 29281 05/28/96 002237 RIVERSIDE LANDSCAPE & I LDSCPE IMPROVEMNT WINCH CREEK 193-180-999-5212 820.00 29281 05/28/96 002237 RIVERSIDE LANDSCAPE & I LDSCPE IMPROVEMNT WINCH CREEK 193-180-999-5212 725.00 29281 05/28/96 002237 RIVERSIDE LANDSCAPE & I LDSCPE IMPROVEMENT WINCH CREEK 193-180-999-5212 725.00 7,235.00 29282 05/28/96 002112 ROBERT J LUNG & ASSOC., CITY OF TEM AERIAL PHOTOIS 100-164-603-5248 3,650.00 29282 05/28/96 002112 ROBERT J LUNG & ASSOC., FEDERAL EXPRESS SERV 100-164-603-5248 34.65 29282 05/28/96 002112 ROBERT J LUNG & ASSOC., TAX 100-164-603-5248 282.88 3,967.53 29283 05/28/96 000978 TRAUMA INTERVENTION PRO 3RD QTR USER AGENCY FEES 001-171-999-5274 1,312.50 1,312.50 29284 05/28/96 000332 VANDORPE CHOU ASSOCIATI JAN 96 PLAN CHECK SERVS 001-162-999-5248 11,114.59 29284 05/28/96 000332 VANDORPE CHOU ASSOCIATI JAN 96 PLAN CHECK SERVS 001-162-999-5248 8,854.17- 29284 05/28/96 000332 VANDORPE CHOU ASSOCIATI PLAN CK TR#27827-3/24132-1/241 001-162-999-5248 2,988.19 29284 05/28/96 000332 VANDORPE CHOU ASSOCIATI MAR PLAN CHECK SERVICES 001-162-999-5248 2,285.88 29284 05/28/96 000332 VANDORPE CHOU ASSOCIATI PLAN CK SERVS-TR 21067/24132-F 001-162-999-5248 2,938.73 10,473.22 TOTAL CHECKS 583,701.87 0 ITEM 4 APPROVAL CITYATTORNEY DIROR OF Fi@ CITYMANAGER_ CITY OF TEMECULA AGENDA REPORT TO:City Council FROM:Ronald E. Bradley, City Manager DATE:May 28, 1996 SUBJECT:City Council Policy Practice and Procedure Workshop PREPARED BY: Grant M. Yates, Human Resources Administrator RECOMMENDATION: That City Council conduct a City Council Policy Practice and Procedure Workshop. BACKGROUND: The City Council has expressed interest in conducting a workshop to discuss policies and procedures relating to City operations. This workshop will focus on such procedural issues as: how items are to be placed on the council agenda, the timing of the agenda and related notices, City Council rules, expectations, and staff assignments. This workshop is scheduled for June 29, 1996, from 9 a.m. to 1 p.m., at City Hall. The workshop will be facilitated by Paul Whisenand, Ph.D., of PMW Associates. Dr. Whisenand has conducted similar workshops for all of the other City departments, which has resulted in the identification and improvement of departmental operating procedures. Dr. Whisenand has also conducted strategy session workshops for many City Councils throughout California and several other western states. FISCAL IMPACT: The cost of this workshop will be approximately $1,500. Adequate funds are available to pay for this workshop in the City Council budget. R:@A@R7WAFF34.MIS 5115196 EIA 5 APPROVAL CITY ATTORN FINANCE DIRE CITY MANAGI CITY OF TEMECULA AGENDA REPORT TO: City CouncillCily Manage, FROM: Shawn D. Nelson, Director of Community Services DATE: May 28, 1996 SUBJECT:Award of Contract for City Hall Modifications and Tenant Improvements Project No. PW95-22 PREPARED BY: Don Spagnoio, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: 1 .Award a contract for City Hall Modifications and Tenant Improvements Project No. PW95-22 to Tovey/Shultz Construction, Inc. in the amount of $1,255,000.00 and authorize the Mayor execute the contract. 2.Authorize the City Manager to approve change orders not to exceed the contingency amount of $125,500.00 which is equal to 10% of the contract amount. 3.Appropriate $1,380,500.00 from Development Impact Fees to Capital Projects Account No. 210-199-650-5804. BACKGROUND: On March 26, 1996 the City Council approved the plans and specifications for City Hall Modifications and Tenant Improvements, Project No. PW95-22, and authorized the Department of Public Works to solicit public bids for construction. The bids were publicity opened on May 8, 1996. This project includes demolition of the existing interior partition walls of a vacant two (2) story office building and constructing new interior partition walls, relocation and revisions to lighting, HVAC and electrical systems, Council Chambers with audio/video equipment, exterior glass canopy, and parking lot sealing and re-striping. r. \agd rpt\96\05 2ONpw95- 2 2. awd/ajp Nine (9) bids were received for the project and the results are as follows: Base Bid 1. The Gorham Company, Inc $1,189,000.00 2. Tovey/Shultz Construction, Inc $1,255,000.00 3. Biltmore Construction Corporation $1,260,000.00 4. General Consolidated Constructors, Inc $1,289,000.00 5. Gibralter Construction $1,293,000.00 6. Young Contractors $1,390,000.00 7. Sheldon Stevens Construction Co $1,391,533.99 8. J. Murray Construction, Inc $1,430,000.00 9. Martin J. Jaska, Inc $1,440,000.00 After the bids were opened, the Gorham Company, Inc., was granted a request to withdraw their bid due to a clerical error. A review was then made of the next low bidder, Tovey/Shultz Construction, Inc. which was found to be complete. Tovey/Shultz Construction, Inc. has not performed any work for the City, but has performed well on other projects based on comments from references of previous work. Work is expected to begin in June, 1996 and be completed by the end of August, 1996. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: This is a Capital Improvement Project and will be funded by Development Impact Fees. Funds are available for the construction contract of $1,255,000.00 and the contingency of $125,000.00 for a total of $1,380,500.00 which will be appropriated to Account No. 210-199- 650-5804. Attachme=: Contract -2- r. \ag d rpt\96\05 28@pw95-2 2. awd tajp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW95-22 CITY HALL MODIFICATIONS AND TENANT IMPROVEMENTS THIS CONTRACT, made and entered into the 28th day of May, 1996, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Tovey/Shultz Construction, Inc., hereinafter referred to as 'CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS, The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW95-22 CITY HALL MODIFICATIONS AND TENANT IMPROVEMENTS, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW95-22 CITY HALL MODIFICATIONS AND TENANT IMPROVEMENTS. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General, Specifications, Special Provisions, and Technical Specifications for Project No. PW95-22 City Hall Modifications and Tenant Improvements. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions. Where the Contract Document describe portions of the work in general terms, but not r:\cip\Wojects\pw96-22\contract/sip in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW95-22 CITY HALL MODIFICATIONS AND TENANT IMPROVEMENTS All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: One million two hundred fifty-five thousand DOLLARS and No CENTS ($1,255,000.00), the total amount of the base bid. CONTRACTOR agrees to complete the work on or before September 10, 1996, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized bv the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. PAYMENTS, LUMP SUM BID SCHEDULE: A.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. r:kcip\projects\pwgb-22\contracV&ip UNIT PRICE BID SCHEDULE: B.Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30) days after submission of a payment request to the City, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C.Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D.Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. WARRANTY RETENTIQN. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMO@ RETENTION PERIOD RETENTION PERCENTAGE $25,000 - $75,000 180 days 3% $75,000 - $500,000 180 days $2,250 + 2% of amount in excess of $75,000 Over $500,000 One Year $10,750 + 1 % of amount in excess of $500,000 LIQUIDATED DAMAGES: EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. r:\cip\projects\pw96-22\corvtract/sip WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per them wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 11.TIME OF THE ESSENCE. Time is of the essence in this contract. 12.INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 13.GRATUITIES.. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any grail@ities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14.CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 15.CONTRACTOR'S AFFIDAVIT, After the completion of the work contemplated by this r:\Cip\projects\pwOB-22\contractisip Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16.NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 17.BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 18.INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 19.DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 20.GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 21.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 1 01 - 336, as amended. 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 CITY addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the r:\cip\projects\pwgS-22\contr"Vaip date first above written. DATED: CONTRACTOR Tovey/Shultz Construction, Inc. 1325 Pico, Suite 101A Corona, CA 91720 Phone:(909) 279-9040 By: Print or type NAME Print or type TITLE DATED: CITY OF TEMECULA By: Karel F. Lindemans, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk r:\cip%projects\pw96-22keontrect/ajp ITEN4 6 APPROVAL CITY ATTORP FINANCE DIRI CITY MANAG CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM:0*4vJoseph Kicak, Director of Public Works/City Engineer DATE: May 28, 1996 SUBJECT:"No Parking" Zones on Rustic Glen Drive PREPARED BY: Ali Moghadam, Assistant Engineer RECOMMENDATION: The Public/Traffic Safety Commission recommends that the City Council adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON RUSTIC GLEN DRIVE EAST OF MARGARITA ROAD AS SHOWN ON EXHIBIT "B" BACKGROUND: Plans and specifications have been prepared for installation of a traffic signal at the intersection of Margarita Road and Rustic Glen Drive. This project has been advertised for construction and bids will be opened on May 30, 1996. To facilitate the traffic signal installation and the new lane configuration, parking should be restricted on Rustic Glen Drive between.Margarita Road and Oak Cliff Drive. The proposed parking restriction will allow an additional lane on Rustic Glen Drive which will be striped as a right-turn lane. Staff is also recommending a 20 foot parking restriction on the south side of Rustic Glen Drive. Exhibit 'B" shows the specific restrictions and proposed lane utilization. Rustic Glen Drive is a residential collector street and the only access from the Winchester Creek Development to Margarita Road. FISCAL IMPACT: Funds are available in the Department of Public Works Striping/Stenciling Account No. 100- 164-601-5410. ATTACHMENTSO 1.Resolution No. 96- 2.Exhibit 'A' - Location Map 3.Exhibit 'B" - Proposed Parking Restriction and Striping -1- r.\agdrpt\96\0528\noprknia.mar/ajp RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIIL OF THE CITY OF TEMEECULA ESTABLISHING A "NO PARKING" ZONE ON RUSTIC GLEN DRIVE EAST OF MARGARITA ROAD AS SHOWN ON EXHIBIT uB" The City Council of the City of Temecula does resolve, determine and order as follows: Section 1. Pursuant to Section 10.12.100, of the Temecula Municipal Code, 'No Parking' zones are hereby established in the City of Temecula on Rustic Glen Drive east of Margarita Road as shown on Exhibit 'B'. Section 2. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of May, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, City Clerk -3- r- \ag d rpt\96\ 05 2 @oprknis. @/ajp [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of May, 1996 by the following roll call vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: ABSENT: 0 COUNC]ILMEMBERS: June S. Greek, City Clerk A- r: \agdrpt\96\0528\noprkrus. mar/ajp TIC DRIVE SITE LOCATION MAP EXHEBIT "A" MARGARITA ROAD RED 20' 90, Driveway 20' ill RED C@ Driveway Driveway OAK CLIFF DRIVE PROPOSED PARKING RESTRICTION TO FACI]LITATE SIGNALIZATION E IT " B ITETA 7 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM:@Joseph Kicak, Director of Public Works/City Engineer DATE: May 28, 1996 SUBJECT:All-Way "Stop" - Margarita Road at Rustic Glen Drive PREPARED BY: Ali Moghadam, Assistant EngineerOtO RECOMMENDATION: The Public/Traffic Safety Commission recommends that the City Council adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A TEMPORARY "STOP" CONTROL ON MARGARITA ROAD AT RUSTIC GLEN DRIVE BACKGROUND: During the January 25, 1996 meeting of the Public/Traffic Safety Commission, the Commission recommended to the City Council that they support the detour of Winchester Road traffic to Margarita Road. The Public/Traffic Safety Commission and the City Council required that a traffic signal be installed at the intersection of Margarita Road and Rustic Glen Drive to accommodate the additional traffic on Margarita Road due to the detour. Construction on Winchester Road is scheduled to begin on June 10, 1996. To avoid delays, the City staff has ordered the traffic signal equipment and bids will be opened on May 30, 1996. The specifications for this project allow 30 working days for installation of the traffic signal. However, there will be a period of time that the detour plan will be in effect without the traffic signal. A temporary all-way 'Stop' installation on Margarita Road at Rustic Glen Drive should be considered between the beginning of the detour and the traffic signal turn-on. FISCAL IMPACT: 2- Oversized Stop Signs @ $150 ea $300 2 - Oversized Stop Ahead Signs @ $1 50 300 4 - Legends @ $15 60 2 Temporary Flashers @ $165 ea. 330 TOTAL $990 r:\agd rpt\96\0528\rustic. stp/ajp ATTACHMENTS8 1.Resolution No. 96-- 2.Exhibit "A" - Location Map -2- r:\agdrpt\96\0528@tic.mpiajp RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A TEMPORARY "STOP CONTROL ON MARGARITA ROAD AT RUSTIC GLEN DRIVE The City Council of the City of Temecula does resolve, determine and order as follows: Section 1. Pursuant to Section 10.12.100, of the Temecula Municipal Code, the following temporary 'STOP' controls are hereby established in the City of Temecula. A.Northbound Margarita Road at Rustic Glen Drive B.Southbound Margarita Road at Rustic Glen Drive Section 2. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of May, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, City Clerk -3- r: \agd rpt\ 96\0528\rustic. stp/ajp [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 28th day of May, 1996 by the following rofl call vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: June S. Greek, City Clerk 4- r. \agd rpt\96\0528\rumtic. gtp/ajp Al( TIC DRRV SITE LOCATION MAP E.@IBIT "A" .ITEIN4 8 I APPROVAL CITY Al EY FINANC CITY Md CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM:06@oseph Kicak, Director of Public Works/City Engineer DATE: May 28, 1996 SUBJECT:Accept a Permanent Easement for Public Street, Slope and Drainage Purposes across the MWD Fee Parcel at Calle Girasol/Calle Chapos for the Walcott Corridor Project PW94-10 PREPARED BY: Don Spagnolo, Principal Engineer Scott Harvey, Associate Engineer RECOMMENDATION: City Council adopt a resolution entitled: RESOLUTION NO. 96@ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING A PERMANENT EASEMENT FOR PUBLIC STREET, SLOPE AND DRAINAGE PURPOSES ACROSS THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FEE PARCEL AT CALLE GIRASOL/CALLE CHAPOS FOR THE WALCOTT CORRIDOR BACKGROUND: During the design of the proposed street improvements it was determined that the Metropolitan Water District (MWD) owns a strip of land approximately 70' wide which crosses perpendicular to the road improvements. In order to construct the improvement the City must obtain two permanent easements across MWD's fee parcel. MWD fee parcel crosses the Walcott Corridor Project where the street names change from Calle Girasol to Calle Chapos. This crossing will require one easement for public street and the other easement for a slope and drainage purposes. The City and our consultant have been working with MWD to provide the necessary easement documents which were prepared is accordance with MWD procedures for Council approval. Once approved, they will be recorded by the City with a copy being transferred back to MWD by the County Recorder. FISCAL IMPACTO None. Attachmentse Resolution No. 96- with Appendix 'A", inclusive. 1 r:\agd rpt\9 6\0528\mwd.eas RIESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING A PERMANENT EASEMENT FOR PUBLIC STREET, SLOPE AND DRAINAGE PURPOSES ACROSS THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FEE PARCEL AT CALLE GIRASOL/CALLE CHAPOS FOR THE WALCOTT CORRIDOR TIHE CITY COUNCIIL OF THE CrrY OF TEMECULA DOES RESOLVE, D INE AND ORDER AS FOLLOWS: , the Grantor to convey a permanent easement for public street purposes over and across that portion of the property designated as Parcel A, described on Exhibit 'A,' and shown on Exhibit 'B' attached. WHEREAS, the Grantor to convey a permanent easement for slope and drainage purposes over and across that portion c@ the property designated as Parcel B, described on Exhibit 'A,' and shown on Exhibit 'B' attached. WHEREAS, the City shall construct all of the necessary street improvements upon the Easement in accordance with City standards and The Metropolitan Water District of Southern California conditions stated in the permanent easement deed. NOW, THEREFORE,BE IT RESOLVED, that the City Council of the City of Temecula hereby accept.--@rmanent easement for public street, slope and drainage purposes across The Metropolitan ',-,ater District of Southern California fee parcel at Calle Girasol/Calle Chapos for the Walcott Corridor as described in Appendix "A" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 28th day of May, 1996. Karel F. Lindemans, Mayor ATTOT: June S. Greek, City Clerk [SEAL] 2 r:Nagdrpt\9 6\05 28\m wd.eas STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ss CrrY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, Califomia, do hereby certify that Resolution No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of May, 1996, by the following vote: AM: 0 COUNC]IL ERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCELMEMBERS: ABSTAIN: 0 COUNCELMEMBERS: 3 r:\agdrpt\96\0528\mwd.eas CERTMCATE OF ACCEPRANCE (Government Code Section 27281) TIHS IS TO CERTIFY that the interest in real property convey by the attached Permanent Easement, dated May 15, 1996 from The Metropolitan Water District of Southern California a Grantor, to the City of Temecula, is hereby accepted by order of the City Council of the City of Temecula on May 28, 1996, and the Grantee consents to recordation thereof by its duly authorized officer. Date 1996 CITY OF TEMEECULA BY: Karel F. Lindemans, Mayor 4 r:\agd rpt\9 6\0528\mwd.eas APPENDIX "A" r:\agdrpt\9 6\05 28\mwd.eas Recorded at the Request of THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA When Recorded Mail to THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Post Office Box 54153 Los Angeles, California 90054 DO ARY MMSFER TAX $ None (Exempt--Section 11922, California Revenue and Taxation code) PE EASEMENT DEED San Diego Pipelines 3, 4, and 5 MWD Parcel No. SDA142-3-1 (Portion) APNs 914-470-014 and 914-480-009 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public corporation, hereinafter referred to as Grantor, hereby grants to the CITY OF TEMECULA, a nnmicipal corporation, hereinafter referred to as Grantee, pe=anent easements for the purposes hereinafter stated over and across real property of Grantor located in the City of Temecula, County of Riverside, state of California, hereinafter referred to as Property. Said Property is described on Exhibit mAx and shown on Exhibit -B,w attached hereto and incorporated herein by reference. The easements conveyed herein are for the following purposes over and across the following designated portions of the property: .a.A permanent easement for public street purposes over and across that portion of the property designated as Parcel A, described on @bit "A,n and shown on @ ibit 'B' attached. b.A permanent easement for slope and drainage purposes over and across that portion of the property designated as Parcel B, described on Exhibit "A,* and shown on Exhibit mB" attached. This easement deed is granted subject to the following terms and conditions: 2'Cl OS92- E@ ETE 'AI(I kUM Jo H-Lgizl wclBO:Eo 9G, S;l ekljw oOS9L ESE EL2, LUOJI -- MSO:2 966L 'St Aew Aepsaupami Permanent Easement -2- Parcel No SDA142-3-1 1. It is subject to Grantor's paramount right to use the Property for the purposes for which it was acquired. 2. Grantee shall submit, in advance, all plans for installation and construction or reconstruction of Grantee's facilities to Grantor for review and written approval. 3. Grantee shall not change the existing grade or otherwise modify the topography of Property affected by this easement without prior written consent of Grantor. 4. Any street improvements within the easement area constructed by Grantee shall be so constructed as not to interfere with Grantor's access to adjoining property. Streets constructed within the easement area shall conform with the applicable public street standards and be incorporated into the city public street system, provided that: (a) the construction of such street and utilities therein shall conform to final plans approved in writing by Grantor, which show the location, character, dimensions, and details of the work to be perfo=ed; and (b) after initial construction is completed, any future changes to the street or changes to or installation of any utilities therein shall require the prior written approval of Grantor, which approval shall not be unreasonably withheld. 5. Grantor's access over and across this easement shall be reasonably maintained by Grantee during the term of this' easement. 6. Grantor purchased the Property in fee for its existing facility and/or future appurtenances. Any additional costs incurred for construction, reconstruction, maintenance and use of the existing and/or future facilities and appurtenances on Property and/or Grantor's adjacent property attributable to the presence of Grantee improvements shall be-borne by Grantee. 7. Grantor shall not be required to contribute any part of the costs of street improvements on the Property, and, furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall reimburse Grantor for any assessment therefor levied upon it. B. Grantee assumes all risk of loss to itself, which in any manner may arise out of the use of the easement. Further, Grantee shall indemnify and defend Grantor and its directors, officers, and @ loyees against any liability and expenses, including the reasonable expense of legal representation whether by special counsel or by Grantor's staff attorneys, resulting from injury to or death of any person, or damage to any property, C'd OS9L ESE ET2 'AIC AUM Jo HIDID WdGO:Eo %, ST kkA4 IE a58d -- jOS9L ESE ELZ, wo. L 'SL AeW Aepsaupam! Permanent Easement -3- WM Parcel No SDA142-3-1 including property of Grantor, or damage to any. other interest of Grantor, including but not limited to suit alleging noncompliance with any statute or regulation which in any manner may arise out of the granting of this easement, or use by Grantee of the easement or any adjoining land used with the easement. 9. The Property is to be used only for the purposes herein specified, and in the event that said Property is not so used, or the uses for which this easement is granted shall permanently cease, Grantee shall immediately initiate formal statutory highway abandonment procedures as provided by law for County or City highways 'and streets. Dated:THE METROPOLITAN'WATER DISTRICT OF SOUTHERN CALIFORNIA John R.'Wodraska General Manager BY Gary der Chief @dineer By Wally--M. Lieu A-ssi'stant Chief Engineer Authorized by MWD Administrative Code Section 8240 AR/PM-15/wtemD401 @Z ESE ETZ 'AIG AUM JO Hi9Id WDOT:EO 96. qT AUW 1059L ESE ELZ, woji -- wdsO:Z 966L 'SL AeW ikepsaupam@ STATE OF CALIFOR.LNIA COU"LN-ry OF LC)-S Ss Oq_ CM" 15-i 1 c? before me, the undersized, a Notary Public in and for sgd State, personally appeared personally known to me (or proved to me on the basis of sa@ctory eadencc) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shel@ executed the same in histher/their authorized ca@tyCies), an# that by his/her/their %ignature(s) on the instrument the person(s), or the entity upoa behalf of which the person(s) acted, executed the instrum s my official seal. two Signaturez_ OS9L ESE ETZ 'AIG kUM -40 Hi9Id WdTT:Eo 96, ST AUw 15 abud -- OS9L ESE iLZi wojj -- WDSO:Z 966L IS t Aw Ap@.-P-M EXHIBIT "A* R/W Parcel No. 143-3-1-(PTNS) City of Temecula JAN Revised January 11, 1996 February 27. 1995 JN 400617-K30 Page I of 2 D I cl,. LEGAL DESCRIPTION CALLE GIRASOL SLOPE, DRAINAGE AND RIGHT-OF-WAY EASEMENTS OVER MWD FEE PROPERTY Those certain parcels of land situated in the City of Temecula, County of Riverside, State Of California, being those portions of Section 20, Township 7 South, Range 2 West, San Bernardino Meridian, included within The Metropolitan Water District of Southern California fee property, 70 feet wide (MWD Fee Property) as conveyed in a grant deed recorded April 24, 1968 as ' Instrument No. 37774 of Official Records in the Office of the County Recorder of said Riverside County, described as follows: PARCEL A (Calle Girasol Right-of-Way Easement) BEGINNING at the most westerly northwest corner of Lot NAN of Parcel Map No. 7555 as shown on a map filed In Book 27, Pages 16 and 17 of Parcel Maps in said Office of the Riverside County Recorder, being a point in the easterly line of said MWD Fee Property; thence along said easterly line South 12"321020 West 16.82 feet to a point on a non-tangent curve concave northerly and having a radius of 333.00 feet. a radial line of said curve from said point bears North 17*351280 West; thence along said curve westerly 76.52 feet through a central angle of 13"091590 to the westerly line of said MWO Fee Property; thence non-tangent from said curve, along said westerly line North 12"321020 East 69.81 feet to the non-tangent intersection with a curve concentric with and 66.00 feet northerly from last said curve, said concentric curve being concave northerly and having a radius of 267.00 feet, a radial line of said curve from .said point bears North 8047155m West; thence along said concentric curve easterly 81.18 feet through a.central angle of 17*251104 to said easterly line of said MWD Fee Property; thence non-tangent from said curve. along said easterly line South 120321021, West 62.98feet to the POINT OF BEGINNING. CONTAINING: 0.119 Acres, more or less. OS9Z ESE ET2 'AI(I kljM JO Hi-9ja wdEI:Co 96, SI AtjW tUS9L ISE ELZ, wojj -- wd5o: AepsaupaMl EXHIBIT "A" Calle Girasol R/W Parcel No. 143-3-1 (PTHS) Slope, Drainage and Right-of-Way Easements . City of Temecula Over MWD Fee Property REVIEWED BY RIGHT OF WAY Revised January 11, 1996 BRANCH February 27, 1995 JN 400617-M30 JAN 1 7 1996 Page 2 of 2 itil -;AEi'ROPOLITAN WATEP@ DIS1 ERN UUFORNIA PARCEL d Drainaae BEGINNING at the most westerly northwest corner of Lot OAn of Parcel Map No. 7555 as shown on a map filed in Book 27, Pages 16 and 17 of Parcel Maps in said Office of the Riverside County Recorder. being a point in the easterly line of said MWD Fee Property; thence along said easterly line South 1211321020 West 16.82 feet to a point on a non-tangent curve concave northerly and having a radius of 333.00 feet, a radial line of said curve from said point bears North 1711351280 West, said point being the TRUE POINT OF BEGINNING. thence along said curve westerly 76.52 feet through a central angle of 13009159, to the westerly line of said NWO Fee Property; thence non-tangent from said curve, along said westerly line South 12"32102m West 29.91 feet; thence North 87'451560 East 72.39 feet to said easterly line of said MWD Fee Property; thence along said easterly line North 12"321020 East 41.96 feet to the TRUE POINT OF BEGINNING. CONTAINING; 0.055 Acres, more or less. SUBJECT TO all covenants, rights, rights-of-way and easements of record. EXHIBIT-OBN attached and by this reference made a part hereof. Lawrence L. Bacon, L.S. 3527 Robert Bein, William Frost & Associates 30 - 27555 Ynez Road, Suite 400 Temecula, CA 92591 099Z ESE ET2 'AIC kum jo Higja @T:Eo 96, ST AUW 19 a6ed -- OS9L ESE ELZ, wojj -- wdSO:Z 966L 'SL AeW Ap@..p-M, EXHIBIT B PTNS. SEC, 20,T. 7 S., R. 2 W., s.a.m. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIE)E. STATE OF CALIFORNIA. @tS OF BEARINGS- BEARINGS SHOWN HEREON ARE ON TfiE WESTERLY LINE OF THE MWD FEE TY @3ZOZ'E PER PMB 1/44-4Cx P-U NO. 75.93 SC-4@ I- 80' P-IAB. 26197--98 P.M.B. I/ 44-46 -50' PCL. 4 PCL. 23 REC. OF RIV. CO@ REC. OF RIV. CO.. CA: TABLE OF' COURSES C-SI2-32,@-W Ir,.-82, (D-&-4-300@- R-@00' L=76.52' 32-0@ 6a sr 7@70- R=26700' L-8118' @@32-02-W 62-98- 2*32,ozw 2.s..gr 7-45'56-,E 72.M' q"2'32 O= 4@' cr. P.M.B. I/ 44- NO. 7555 PCL 14 P.M.B. 27116-17 REC. OF RIV PCL. I REC. OF RIV. CO, CA. ik" --:7 LEGEND PERMANENT EASEMENT TOTAL AREA 0.174 ACRES 150, L.S..>z27 CT Exp. 6 - 30,- 9i VICINFTY MAP srm KT-S. .CALLE CHAPOS WY. THE THIS EXHIBIT IS TO BE OF SOUTHEM ATTACHED TO THE LEGAL DESCREMON 41, SAN DIEGO PIPEUNLR NO. 4 a 5 M. W. D. ROBERT BEIN. WILUAM FROST TO a AS@IATES 27555 YNEZ RD. SURM 400 THE CITY OF TEMECULA TEMECULA. CA. 9259t-4679 PERMANENT EASEMENT (909) 676-8042 [PftEPARM BY- DI-3 CHECKM 13y: LLB 142-34 (PTNS) REVISES MI-96 J.K 40OS17-M30 9'Cl OS9Z CSE C12 'AI(I kUM Jo H-Lgjd wci2T:EDO 96, qT AkjW 19 abed 10991 ESE ELZ, -JA -- u)dSO:Z 966L 'SL AeW Aepsaupam EIN4 9 T APPROVAL CITY ATTORNEY FINANCE DIRECTO$'- CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM:od@ oseph Kicak, Director of Public Works\City Engineer DATE: May 28, 1996 SUBJECT:Award of Professional Services Contract to Trans-Pacific Consultants for the Design of the FY95-96 Pavement Management Project Project No. PW95-28 PREPARED BY:Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Trans-Pacific Consultants (TPC) to provide Engineering Services for the design of the FY95-96 Pavement Management Project - Project No. PW95-28 for an amount not to exceed $44,270.00. BACKGROUND: A request for proposal (RFP No. 42) for Professional Engineering Services was developed for the preparation of plans, specifications and cost estimates for the FY95-96 Pavement Management Project. TPC was the highest ranking firm, among those responding to the RFP, to provide these professional services. The major items identified in the scope of work provided by the consultant consists of verifying existing conditions, surveying to establish horizontal control points for the aerial photography, utility coordination, and the preparation of improvement plans, specifications and cost estimates. The consultant has provided core testing options services in their proposal. These tests will provide existing street thickness to help determine the design parameters for each repair. The proposed project consists of the rehabilitation of approximately 4.7 miles of City maintained streets (See Appendix 1) by the following methods: overlay, structural overlay, overlay with stress relief membrane, or removal and replacement. These streets include portions of La Serena Way, Pauba Road, Rancho Vista Road, and Solana Way. The proposed schedule is for TPC to begin work in June, 1996 and have the plans and specifications ready for the solicitation of construction bids by September, 1996. Design of the FY96-97 Pavement Management Project will begin in the fall of this year with construction scheduled for the spring of 1997. -I- pwO4\agdrpt\96\0528\pw95-28.agr FISCAL IMPACT: The total cost for professional design services for the FY95-96 Pavement Management Project is $44,270.00 which will be funded by Measure A. Adequate funds are available in account number 210-165-655-5802. ATTACHMENTSO 1.Appendix 1 2. Agreement -2- pwO4\agdrpt\96\0528\pw95-2g.agr APPENDIX ltilt FY95/96 PAVEMENT MANAGEMENT SYSTEM LOCATION MAP N.T.S @CE V CITY OF TEMEECULA AGREEMENT FOR CONSULTANT SERVICES FOR THE DESIGN OF THE FY95/96 PAVEMENT MANAGEMIENT SYSTEM PROJECT NO. PW95-28 THIS AGREEMENT , is made and effective as of MAY 28, 1996, between the City of Temecula, a municipal corporation ("City") and TRANS-PACIFIC CONSULTANTS, INC. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on NUY 28, 1996, and shall remain and continue in effect until tasks described herein are completed, but in no event later than NUY 28, 1997, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCF,. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4.PAYWNT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed F'ORTY-FOUR THOUSAND TWO RED AND SEVENTY DOLLARS ($44,270.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. -1- r:\cip\projecL-@Inw95-28\tpc.agr/wl 051396 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5.SUSPENSION OR TERMINATION OF-AGREEMENT WITHOUT CAITSF,. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6.DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7.OWNERSHIP OF DOCUMENT-S. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall -2- r:kcip\projccts\pw95-28\tpc.agr/sch 051396 be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to th-- design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or dama-e to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REQIAR S. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or dama-es to t7 property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a.Minimlim Scol2e of Insurance. Coverage shall be at least as broad as: (1)Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2)Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3)Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. -3- r:\cip\proj@\pw95-28\tpc.agr/sch 051396 (4)Errors and omissions liability insurance appropriate to the consultant's profession. b.Minimum Limits of Insuranct. Consultant shall maintain limits no less than: (1)General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general ag-regate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3)Employer's I-iability: $1,000,000 per accident for bodily injury or disease. (4)Errors and omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1)The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2)For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. -4- r:\cip\projwu\pw9S-28\tpc.iLgr/@ 051396 (3)Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverace C, provided to the City, its officers, officials, employees or volunteers. (4)The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5)Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Accel2tability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vlll, unless otherwise acceptable to the City. f.Verification of Coveraze. Consultant shall furnish the City with original endorsements effectingcoverage required by this clause. The endorsements are to be signed by a person authorized bythat insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10.WDFPF-NDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. 1,FGAT, RF-SPONSTRIJ,@-S. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall -5- r:\cip\pro@\pw95-28\tpc.agriwh 051396 at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12.RF@T,FASLE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court-order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City:City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention:City Manager To Consultant:Trans-Pacific Consultants, Inc. 27447 Enterprise Circle West Temecula, CA 92590 Attention:Greg Aguilar 14. ASSIG The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent -6- r-\cip\projects\pw95-28@.agy/sch 051396 of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Greg Aguilar shall perform the services described in this Agreement. Greg Aguilar may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Greg Aguilar from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17.ENTYRE AGREF@WNT. This Agreement contains the entire understanding betweenthe parties relating to the obligations of the parties described in this Agreement. AU prioror contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Acreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECLTTE THIS AGRE@NT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. -7- r:\cip\projrcts\pw9S-28\tpc.agr/wh 051396 IN S WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMEECULA By Karel Lindemans, Mayor Attest: June S. Greek, City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT Trans-Pacific Consultants, Inc. By By:Won S. Yoo, President -8- r:\cip\projecta\pw95-28\tpc.agr/wh 051396 EXHTBrr A TASKS TO'RF PF-RFORMED -9- r:\cip\projccta\pw95-28\tpc.agr/@ 051396 CITY OF TEMECULA 1996 PMS PROJECT May 1, 1996 LIMITS OF WORK: 1.)Rancho Vista Road between Ynez Road and Mira Loma Drive 2.)Solana Way between Skywood Drive and Del Rey Road 3.)La Serena Way between Calle Pina Colada and Meadows Parkway 4.) Pauba Road between Margarita Road and Showalter Road REVISED ENGINEERING SCOPE: A.Engineer will: 1.Obtain construction plans for e)dsting street improvements, and existing utilities. It will not be assumed that utility records are accurate. 2.Perform a site review to field-verify e)dsting improvements, and utilities. 3.Prepare 40-scale plan only digital topographic mapping from sidewalk to sidewalk. Locate horizontally to 0.5 feet+ critical facilities for which information was unavailable during the collection or research data. 4.Notify, in writing, e)dsting utilities (shown below) of the proposed improvements to obtain e3dsting records and solve possible conflicts. Submit improvement plans to affected public utilities for review and then revise plans to reflect utility input. Provide coordination of utility relocation on the improvement plans. A.General Telephone B.Southern California Gas Company C.Inland Valley Cablevision D.Rancho California Water District E.Eastern Municipal Water District F.Southern California Edison G. Metropolitan Water District 1 5.Deleted. 6.Prepare street improvement plans showing existing and proposed improvements including pavement, curb and gutter, storm drains, signing and striping on City of Temecula standard title block sheets. It is anticipated that the plans will incorporate several road sections per sheet showing the different road improvement treatments and several details. 7.Prepare bid schedule and engineer's estimate for the construction of the proposed improvements. 8.Prepare bid specification package including: bidders' instruction, bid sheets, general specifications, special provisions and tecitnical specifications using the City's boiler plate contract documents. 9.Provide one field survey datum or bench mark which was used in the design for use during construction. 10.Include reimbursable costs in this proposal. 11.Be available to answer questions during bid and issue addenda during bidding process. OP7YONS. 1.Perfonn dynamic load tests to determine structural ititegtity of road section atid detenniiie the R Value for each roadway. 2.Obtaiii core samples to deterrnitie structural inte,,,-tity of road section aild detennitie the R Value for each roadway. B.City will provide: 1.Plan check services at no cost to Engineer. 2.Construction, administration and inspection. 3. Copies of available as-built improvement plans. 2 C.The following are not included in the request for proposal, but can be provided if the City deems necessary: 1.Preparation of plans for streets which have no "as-built" plans available. 2.Responsibilities and sale, of PSE to bidding contractors. 3.Preparation of summary of bids. 4. Review of bids. 3 Geotechnical & EnvironmentaL Engineers, Ir May 8, 1996 Mr. Scott Harvey City of Temecula Public Works Department 43174 Business Park Drive .Lemecula, California 92590 SL-BJECT:PROPOSAL FOR GEOTECFN-TCAL, !--,FRV'l@ES InvestigaL,on of Structural Secti,@,.,, Pavement Mana-ement SysLeri Road Reh@illitation Project City of Temecula. California Proposal No. 96-042 (revised@, Dear Mr. Harvey: As requested, we are pleased to provide this proposal to ;.nv--sti-aie the -existing structural section for the Base Bid and Alternatives I through Q. in the (-- i@ty o-lo Tenecuia. -Dur investigation would obtain core samples and determine thickness of existin-rase and asphalt courses. The areas to t, be cored are depicted on Figure 1, which was [irovided by Lhe Ci'Lv oil Temecula. Based on this information and our meet:ina, v o Li, Mr. Don Spa!znolo (also with the Citv of Temecula) and Greg Aguilar of Trans--X@acific Consultants on May 8, 1996, we propose the following scope of services: SCOPE OF W-ORK 0Excavation of representative cores o: -'.!e exi@.t;ln,, -pavement section, at least 4 cores each per lane, between intersections on e--IsLn- 2-tarie roads. On 4-lane roads an additional two cores would be extracted (6 cores on 4-lane roads). De-,endina on existing conditions, one core per inte.--.e,--t-;--n would zlso be extracted. 0Preparation of a report presertirg our fir,,din(,--.. ESTIMATE-N COSTS PER ROADWAY 0 Coring of Pavement $750.00 0 Report Preparation $250.00 TOTAL COST reach roadway) $i..001).OO 27463 Ent@risc Circle Wcst - Tcniccula - CA 92590 - TEL ( 909 ) 676 - 8337 - FAX ( 909 ) 676 - 4583 Mr. Scott Harvey City of Temecula Public Works Department May 8, 1996 Page 2 Our estimated costs for the total project based on the scope of work outlined will be $4,000.00, charcyed on a not-to-exceed basis. v The cost breakdown shown above is based on expected work schedules. Any chance in plans, t, or limited access with equipment, could dictate additional work. If a modification in the scope of work is recommended, a contract Change Order will be prepared for your approval prior to accr-uin- costs beyond the scope of work presented in this proposal. This Proposal, our Standard of Provisions (two pages) and the attached 1993 Fee Schedule represent the contract between you, the Client, and GEOTECIMCAL & ENVIRONNIENTAL ENG@ERS, INC., the Consultant. If the contract meets with your approval, please indicate your acceptance by signing both copies and returning one copy of the executed contract for our files. Please understand that our price for the above-mentioned work will be honored for a period of 90 days. After 90 days, we reserve the right to revise our price. We appreciate this opportunity to propose on this project, and we look forward to workin- closely with your project team. Sincerely, GEOTECBNICAL & ENVIRONMENTAL ENGINEERS, INC. Jo Project Manager JPF:ran Accepted this day of 1996 AUTHORIZED SIGNATURE TITLE PHONE GEOTECHNICAL& ENVTRO AL ENG@RS, INC. Proposai 96-042 (revised) EXHIBIT B PAYMENT SCHFDITT-F, - 1 0- r:Ncip\pro@\pw95-28\tpc.agr/sch 051396 )6-002 CITY OF TEMECULA PMS FOR 1996 TASK CLASSIFICATION HOURS RATE BUDGET A-1 Senior Engineer 4.0 $90 $360.00 Associate Engineer 8.0 $80 $640.00 Subtotal for Task A- 1 12.0 $1,000.00 A-2 Senior Engineer 4.0 $90 $360.00 Associate Engineer 8.0 $80 $640.00 Subtotal for Task A-2 12.0 $1,000.00 A-3 & Senior Surveyor 4.0 $90 $360.00 A-9 Associate Surveyor 16.0 $75 $1,200.00 Survey / Two -Man Crew 24.0 $135 APS for Aerial Mapping LS @4,370.00 Subtotal for Tasks A- 3 and A- 9 44.0 $9,170.00 A-4 Senior Engineer 16.0 $90 $1,440.00 Associate Engineer 24.0 $80 $1,920.00 Subtotal for Task A-4 40.0 $3,360.00 A-5 Deleted -6 Senior Engineer 20.0 $90 $1,800.00 Associate Engineer 200.0 $80 $16,000.00 Subtotal for Task A-6 220.0 $17,800.00 A-7 Associate Engineer 16.0 $80 $1,280.00 A-8 Senior Engineer 32.0 $90 $2,880.00 Secretary 24.0 $35 $840.00 Subtotal for Task A-8 56.0 $3,720.00 A-10 Reimbursables $1,500.00 A-11 Senior Engineer 16.0 $90 $1,440.00 Totals 416.0 $40,270.00 OPTIONS: 1 Dynamic Testing 2Core Sampling A:\GVA\TF-96002 DISK\BUDGET.WK1\05.01.96 CITY OF TEMEECULA AGRIE FOR CONSULTANT SERVICES FOR THE DESIGN OF THE FY95/96 PAVEMIENT MANAGEMEENT SYSTEM PROJECT NO. PW95-28 THIS AGREEMENT, is made and effective as of MAY 28, 1996, between the City of Temecula, a municipal corporation ("City") and TRANS-PACIFIC CONSULTANTS, INC. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on @Y 28, 1996, and shall remain and continue in effect until tasks described herein are completed, but in no event later than MAY 28, 1997, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCF,. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4.PAYWNT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed FORTY-FOUR THOUSAND TWO HUNDRED AND SEVENTY DOLLARS ($44,270.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. -I- r.\cip\projects\pw95-28\tpc.agr/geh 051396 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be subn-dtted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. S.SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAXJSF@. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6.DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7.OWNERSHIEP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall -2- T:\cip\projectg\pw95-28\tpc.agrlsch 051396 be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. @F-MNMCATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wron-ful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REOIIM S. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a.Minimum Scope of Insurance. Coverage shall be at least as broad as: (1)Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2)Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3)Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. -3- r:\cip\projccu\pw95-28\tpc.agr/@ 051396 (4)Errors and omissions liability insurance appropriate to the consultant's profession. b.Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1)General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3)Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4)Errors and omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1)The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2)For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. -4- r:\cip@projects\pw95-28\tpc.agr/@ 051396 (3)Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4)The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5)Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Accel2tability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VH, unless otherwise acceptable to the City. f.Verification of Coverage. Consultant shall furnish the City with original endorsements effectingcoverage required by this clause. The endorsements are to be sicned by a person authorized bythat insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10.WDFPFNDF@NT CONTRACMR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or acents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LF.GAT, RF-SPONSTBTIrM.S. 'ne Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. ne Consultant shall -5- r.\cip\projmU\pw95-28\tpc.agr/sch 051396 at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12.RF@TLFASF, OF TNFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court-order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the ri-ht AD by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii)delivery by a reputable document delivery service, such as but not limited to, Federal Express, thatprovides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City:City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention:City Mana-er C) To Consultant:Trans-Pacific Consultants, Inc. 27447 Enterprise Circle West Temecula, CA 92590 Attention:Greg Aguilar 14. ASSIG The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent -6- r:\cip\projecta\pw95-28\tpc.agr/sch 051396 of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Greg Aguflar shall perfor7n the services described in this Agreement. Greg A@ may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Greg Aguilar from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of th@'s Agreement, Consultant's sole compensation shall be @ayment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSF-S. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVFRNTNC,, LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17.F@NTTRE AGRERMF-NT. This Agreement contains the entire understanding betweenthe parties relating to the obligations of the parties described in this Agreement. All prioror contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECLTTE THIS AGREF.M[F.NT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. -7- r:\cip\projects\pw95-28\tpc.agr/sch 051396 IN WITNESS F, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMIECULA By Karel Lindemans, Mayor Attest: June S. Greek, City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT Trans-Pacific Consultants, Inc. By By: Won S. Yoo, President -8- r:kcip\projwm\pw95-28\tpc.agr/och 051396 EXHMIT A TASKS TO BF, PFRFORMF-D 7v -9- r:\cip\proj@\pw95-28\tpc.agr/sch 051396 CITY OF TEMECULA 1996 PMS PROJECT May 1, 1996 LIMITS OF WORK: 1.)Rancho Vista Road between Ynez Road and Mira Loma Drive 2.)Solana Way between Skywood Drive and De] Rev Road 3.)La Serena Way between Calle Pina Colada and Meadows Parkwav 4.) Pauba Road between Margarita Road and Showalter Road REVISED ENGINEERING SCOPE: A.Engineer will: 1.Obtain construction plans for existing street improvements, and existing utilities. It will not be assumed that utility records are accurate. 2.Perform a site review to field-verify existing improvements, and utilities. 3.Prepare 40-scale plan only digital topographic mapping from sidewalk to sidewalk. Locate horizontally to 0.5 feet+ critical facilities for which information was unavailable during the collection or research data. 4.Notify, in writing, existing utilities (shown below) of the proposed improvements to obtain existing records and solve possible conflicts. Submit improvement plans to affected public utilities for review and then revise plans to reflect utility input. Provide coordination of utility relocation on the improvement plans. A.General Telephone B.Southern California Gas Company C.Inland Valley Cablevision D.Rancho California Water District E.Eastern Municipal Water District F.Southern California Edison G. Metropolitan Water District 1 5.Deleted. 6.Prepare street improvement plans showing e)dsting and proposed improvements including pavement, curb and gutter, storm drains, signing and striping on City of Temecula standard title block sheets. It is anticipated that the plans will incorporate several road sections per sheet showing the different road improvement treatments and several details. 7.Prepare bid schedule and engineer's estimate for the construction of the proposed improvements. 8.Prepare bid specification package including: bidders' instruction, bid sheets, general specifications, special provisions and technical specifications using the City's boiler plate contract documents. 9.Provide one field survey datum or bench mark which was used in the design for use during construction. 10.Include reimbursable costs in this proposal. 11.Be available to answer questions during bid and issue addenda during bidding process. OPTIONS.- 1.Perfonn dynamic load tests to determine stnictitral integrity of road section and determine the R Value for each roadway. 2.Obtain core samples to determine structural integrity of road section and determine the R Value for each roadway. B.City will provide: 1.Plan check services at no cost to Engineer. 2.Construction, administration and inspection. 3. Copies of available as-built improvement plans. 2 The following are not included in the request for proposal, but can be provided if the City deems necessary: 1.Preparation of plans for streets which have no "as-built" plans available. 2.Responsibilities and sale of PSE to bidding contractors. 3.Preparation of summary of bids. 4. Review of bids. 3 Geotechnical & Environmental Engineers, I-r May 8, 1996 Mr. Scott Harvey City of Temecula Public Works Department 43174 Business Park Drive .Lemecula, California 92590 SL-BJECT:PROPOSAL FOR GEOTECFN-ICAL, @E@RV-ICES Investigation of Structural Secli,-,ii Pavement Manacement SvsLeri Road Rehat)llitation Project City of Temecula, California Proposal No. 96-042 (revised), Dear Mr. Harvey: As requested, we are pleased to provide this proposal to ;Invest] gaie the -existing structural section for the Base Bid and Alternatives I throuch '.2 ;.n tht City o-lo Terecuia. -Oi-,r investigation would tn C7 obtain core samples and determine thickness of exiskin- base and asphalt courses. The areas to be cored are depicted on Figure 1, which was Tirovided by 'the Ci'Lv oil Temecula. Based on this information and our meetinl- wi-th Y,oLi, Mr. Don Spa-nolo (also with the City of Temecula) and Greg Aguilar of Trans--7'ac,,Lfic Consultaiits on Mav 8, 1996, we propose the followin- scope of services:, SCOPE OF WORK 0Excavation of representative cores of i-'i!e exi@.-t;Ln- pavement section, at least 4 cores each per lane, between intersections on e--Isti-ria, 2-tarie roads. On 4-lan-- roads an additional two cores would be extracted (6 cores on 4-lane roads). De-pendiiic, on existinc, conditions, one core per inte@--le,@-,-,'--n wouild 2-Iso be extracted. 0Preparation of a report preserttrg our fir.-din@,,. tD ESTIN4ATE-n-COSTS PER ROADWAY 0 Coring of Pavement $750.00 0 Report Preparation $250.00 TOTAL COST teach roadway) $1@000.00 27463 Enterprise Circle West - Tcniccula - CA 92590 - TEL ( 909) 676 - 8337 - FAX ( 909 ) 676 - 4583 Mr. Scott Harvey City of Temecula Public Works Department May 8, 1996 Pac,e 2 Our estimated costs for the total project based on the scope of work outlined will be S4,000.00, char-ed on a not-to-exceed basis. t> The cost breakdown shown above is based on expected work schedules. Any chance in plans, or limited access with equipment, could dictate additional work. If a modification in the scope of work is recommended, a contract Change Order will be prepared for your approval prior to accruing costs beyond the scope of work presented in this proposal. This Proposal, our Standard of Provisions (two 12aaes) and the attached 1993 Fee Schedule represent the contract between you, the Client, and GEOTECHNICAL & ENVIRO@NTAL ENG@ERS, INC., the Consultant. If the contract meets with your approval, please indicate your acceptance by signing both copies and retumin- one copy of the executed contract for our files. Please understand that our price for the above-mentioned work will be honored for a period of 90 days. After 90 days, we reserve the right to revise our price. We appreciate this opportunity to propose on this project, and we look forward to workin- closely with your project team. Sincerely, GEOTECBNICAL & ENVIRONMT-NTAL ENGINEERS, INC. Jo Fr Project Manaoer JPF:ran Accepted this day of 1996 AUTHORIZED SIGNATURE TITLE PHONE GEOTECBMCAL& ENVIRO AL ENG@RS, INC. Proposai 96-042 (revi@) EXHIBIT B PAYMENT SCHEDULE -10- r:\cip\projects\pw95-28\tpc.agr/sch 051396 -002 CITY OF TEMECULA PMS FOR 1996 -ASK CLASSIFICATION HOURS RATE BUDGET A-1 Senior Engineer 4.0 $90 $360.00 Associate Engineer 8.0 $80 $640.00 Subtotal for Task A- 1 12.0 $1,000.00 A-2 Senior Engineer 4.0 $90 $360.00 Associate Engineer 8.0 $80 $640.00 Subtotal for Task A-2 12.0 $1,000.00 A-3 & Senior Surveyor 4.0 $90 $360.00 A-9 Associate Surveyor 16.0 $75 $1,200.00 Survey / Two - Man Crew 24.0 $135 $3,240.00 APS for Aerial Mapping LS @4,370.00 Subtotal for Tasks A-3 and A-9 44.0 $9,170.00 A-4 Senior Engineer 16.0 $90 $1,440.00 Associate Engineer 24.0 $80 $1,920.00 Subtotal for Task A-4 40.0 $3,360.00 A-5 Deleted -6 Senior Engineer 20.0 $90 $1,800.00 Associate Engineer 200.0 $80 $16,000.00 Subtotal for Task A-6 220.0 $17,800.00 A-7 Associate Engineer 16.0 $80 $1,280.00 A-8 Senior Engineer 32.0 $90 $2,880.00 Secretary 24.0 $35 $840.00 Subtotal for Task A-8 56.0 $3,720.00 A-10 Reimbursables $1,500.00 A-11 Senior Engineer 16.0 $90 $1,440.00 Totals 416.0 $40,270.00 OPTIONS: 1 Dynamic Testing 2Core Sampling A:\GVA\TE96002 DISK\BUDGET.WK1\05.01.96 ITEIA 1 0 t APPROVAL CITY ATTORN FINANCE DIRE CITY MANAGI it CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: May 28, 1996 SUBJECT:Acceptance of Public Streets into the City-Maintained Street System (Within Tract No. 20882-1).(Northeasterly of the intersection of Margarita Road at Moraga Road) PREPARED BY:Steven W. Cresswell, Principal Engineer Albert K. Crisp, Permit Engineer. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 96-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACT NO. 20882-1) BACKGROUND: The Riverside County Board of Supervisors approved Tract Map No. 20882-1 on October 20, 1987,and entered into subdivision agreements for street, waterand sewer improvements, and subdivision monumentation. On January 8, 1991, the City Council accepted the improvements, reduced the Faithful Performance bonds to the 1 0 % warranty amount, and initiated the warranty period. The City Council released the Labor and Material bonds and Faithful Performance warranty bonds on February 23, 1993. Riverside County released the Subdivision Monumentation bond on November 16, 1989. This project was constructed by Costain Homes Inc. The public streets now being accepted by this action are Corte Carrizo, Corte San Luis, and a portion of Avenida Sonoma. Margarita Road was a County Maintained-Road prior to City Incorporation on December 1, 1989, and became a City Maintained-Street by succession. r:\agdrpt\96\0528\tr2O882l.mss AKC/330 FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. Attachments: Resolution No. 96- with Exhibits "A-B", inclusive. r:\agdrpt\96\0528\tr2O8821.mss AKC/330 RESOLUTION NO. 96- A RESOLUTTON OF THE CITY COUNCEL OF THE CrrY OF TEMEECULA, CALIFORNIA, ACCEffWG CERTAIN STREETS INTO THE CrrY- STREET SYSTEM (WITHIN TRACT NO. 20882-1) THE CrrY COUNC]IL OF THE CrrY OF ULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The County of Riverside accepted an offer of dedication of certain lots for street and public utility purposes made by Costain Homes Inc., a Delaware Corporation, with the recordation of Tract Map No. 20882-1;, and AS, The City Council accepted the public improvements within Tract No. 20882-1 as complete on January 8, 1991; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby accepts into the City Maintained-Street System those streets or portions of streets offered to and accepted by the County of Riverside described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOV=, by the City Council of the City of Temecula at a regular meeting held on the 28th day of May, 1996. Karel F. Lindemans, Mayor ATMT: June S. Greek, City Clerk [SEAL] r:\agdrpt\96\0528\tr2O882l.mes AKC/330 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ss CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, Califomia, do hereby r-ertify that Resolution No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 28th day of May, 1996, by the following vote: AYES: 0 COUNC]ILMEMBERS: NOES: 0 COUNC]IL ERS: ABSENT: 0 COUNCIELMEMBERS: ABSTAIN: 0 COUNC]ILMEMBERS: r:\agdrpt\96\0528\tr2OS82l.mss AKC/330 EXHEBIT "A" TO RESOLUTION NO. 96- Accepting the public streets offered to and accepted by the County of Riverside as indicated on Tract Map No. 20882- 1, and accepting subject public streets into the City Maintained-Street System as described below: Those lots described as Lots "A" through 'D' inclusive, as shown on Tract Map No. 20882-1, filed 22 October 1987, in Book 175, Pgs 14-18 lncl., further described as follows: Lot "A"**Portion of Margarita Road Lot nB"Portion of Avenida Solano Lot "C"Corte San Luis Lot "D"Corte Carrizo * * Margarita Road was part of the County Maintained-Road System, prior to City Incorporation and became part of the City Maintained-Street System by succession on December 1, 1989. EXHIBIT 'B' TO RESOLUTION NO. 96- SUBJECT ACCEPTANCE- PUBLIC STREETS INTO THE CITY MAINTAINED-STREE7 SYSTEM AS INDICATED BELOW: T, C@@, Project sit @AC7'lVg ZC)66 Pi oA N4,4 to 73 ZS' .<E,4RtVY,eO.40 PEe Tk4Cr IV9 3@Z@ hf 6.6ZI67-80.) END STREETS OR POR'NONS OF STREETS NO E: MAPQ IVNT Tn cl-ALF, TO BP ACCEPTED INTO CMf i,fAINTAINED-STRF-ET SYSTEM ITEN4 11 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: May 28, 1996 SUBJECT:Completion and Acceptance of the Construction of the Barrier Rail on Front St. at Empire Creek, Project No. PW95-17 PREPARED BY:Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council accept the Construction of the Barrier Rail on Front St. at Empire Creek, Project No. PW95-17, as complete and direct the City Clerk to: 1.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 2.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 February 13, 1996, a contract was awarded for the Construction of the Barrier Rail on Front St. at Empire Creek, Project No. PW95-17, to JKZ Constructors, Inc. for $6,575.00. This project provided a metal barrier rail or guard rail on each side of Front Street at Empire Creek. The barrier rail will re-direct vehicles who deviate from the roadway in a direction away from the channel. The barrier rail has been constructed of wooden posts and steel rail similar to those used in the center divider of Interstate 1 5. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. pwO4/r:\agdrpt\96\0528\pw95-17.acc FISCAL IMPACT: The contract amount for this project was $6,575.00. No changes to the contract were required during the construction of this project. This project is a Capital Improvement Project and is being reimbursed 88.53% ($5,820) by HBRR federal funds. Attachme t: Notice of Completion Maintenance Bond Contractor's Affidavit pwO4/r:\agdrpt\96\0528\pw95-17.acc RECORDING REQUESTED BY AND RETURN TOO CITY CLERK CITY OF TEMECULA P.O. Box 9033 43174 Business Park Drive Temecula, CA 92590-9033 SPACE ABOVE THIS UNE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1 .The City of Temecula is the owner of the property hereinafter described. 2.The full address of the City of Temecula is 43174 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to JKZ Constructors, Inc. to perform the following work of improvement: Barrier Rail on Front Street at Empire Creek 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 May 28, 1996. That upon said contract the TIG Premier Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW 95-17. 6.The street address of said property is: Front Street at Empire Creek. Dated at Temecula, California, this _ day of , 1996. JUNE S. GREEK, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this - day of 1996. JUNE S. GREEK, City Clerk Forms/CEP-001 Rev. 12-5-91 pwO4\pw95-17\complatn.not 051 696 BOND NO. TPI 36786757-001224 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PRO.IECTNO. PW95-17 BARRIER R41L ON FROlvr ST. A T EMPIRE GREEK KNOW ALL MEN BY THESE PRESENTS THAT: JKZ Constructors, Inc. P.O. Box 13247 Crestline- CA Q9125 NAME AND ADDR@ OF CONTRA CTOR- a Corporation hereinafter called Principal, and (fill in whether a Corpora Partnership or indadduaij TIG Premier Insurance CompanX NAME ND ADDRESS OF SURETY hereinafter called SURETY, are hold and firmly bound unto CITY OF TEMECULA, hereinaftercalladOWNER,inthopenalsumot Six Hundred Fiftv Seven and 50/100's DOLLARS and 00/100 CENTS($ 657.50 in lawful money of the United States, said sum being not less than tan percent (1 %) Of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the @ d2y of m . 19@. a copy of which is hereto attached and made a part hereof for t-he construction of PROJECT NO- PW95-17 BAIIFIIER RAIL ON FRONT ST. AT EMPIRE CREEK. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned totluarantee for the Period of ont after approval of the final estimate an said job, by the OWNER, agall)St all defects in workmanship and materials which may become operant during said period; and WHEREAS, the said Contract has been completed, and was approved on April 12th 19 96 NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH, that if within six (6) months from the date of approval of the said Contract, the work done under the terms of said Contract shall disclo" poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. L"lNnNANCE BMD WI r:kciplproieozslpvvS5-17Vbiddoel 12104/85 soh Signed and sealed this 15th day of May (Seal) SURETY BY: TIGPremier Insurance CoMany By: (Name) Mark N. Gladding, Attorney7 Fact (Title) APPROVED AS TO FORM: City Attorney MAINTENANCE BOND 19 96. PRINCIPAL By:@ Constructors, Inc. ? 4,1- 0 r- (Title) By, (Name) (Title) M-2 r:k-iplorojectripws@l@ddoci 12)04195 mob STATE OF CALIFORNIA COUN@ OF RIVERSIDE Ss. On MAY Is before me, JULIA B. LUCIO, NOTARY PUBLIC PERSONALLY APPEARED MARK N. GLADDING personally known to me (of; fyr.&41@14 t@ @@ 014 ti4e igaris ef to be the personal whose name@ is/ar-e subscribed to the within instrument and acknowl- edged to me that he/ executed the same in his/ authorized capacity(@), and that by his@ signatures) on the instrument the persor4&), or the entity upon behalf of which the personal acted, executed ary 1-@bffc - Colitorr(a the instrument. MERSIDE CouNTY SA c - ;:x@res JUL Z@, 1998 WITNESS mv hand and official seal. Signature Tizis areafor Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER F-@ INDIVIDUAL El CORPORATE OFFICER T@E(S) PARTNER(S) LIMITED 7 GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR Er4TITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CE BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER -i HAN NAMED ABOVE ID-OSI @v. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT TIG Premier Insurance Company Aominittrative office: Battle CreeK. GPA GENERAL POVVER OF ATTORNEY Power Of- Attorney valid only if numbered In red: Know All Man by These Presents, That TIG Premier Insurance Company, a corldoration duly organizec and existing under the laws of the State of California, and naving its administrative office in Battle Creek, Calhoun County, Michigan, does by these presents make, constitute and appoint Kennerh A. Coate & Mark N. Gladding of R i and State of California its true and lawful Attorneyls)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver (S.B.A. GUARANTEE AGrr@Ni)-@ , IMM PENALTY $1,000,000.00 OTHER CONTRACT BONDS- MAXIMUM PENALTY $175,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $25,000.00 'THIS POWER OF ATTORNEY-SHALL TERMINATE AND BE OF NO FURT and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and b authority of Section 35 of the bylaws, as amended, and duly adopted by the Board of Directors of the @IG Premier Insurance Company. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power arirj authority to appoint any or more suitable persons as Attorneyls)- in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact Attorney-in-Fact may be given full power and authority for and in the name of and on behalf o@ the Company, to execute, acknowledge and deliver, any and all bonds, recogniza-ices, contracts, agreement of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notic:s and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company rs if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, TIG Premier Insurance Company has caused these presents to be signed by its VICE PRESIDENT af f ixed this TH day and its corporate seal to be hereto A.D., 19 95 EMIER INSURAKE COMPANY in the year 1995 I a notary public, personally JOAN H. DILLARD personally known executed the within instrument as VICE PRESIDENT therein named and acknowledged to me that th t4A,,iCy 1. RAYMOND ml N-.- "a Q C. u Notary Public 1, the undersigned Secretary of TIG Premier Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect Andi dohereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimileunder and by the authority of Section 30 of the bylaws, as amended, and duly ado ted by the Board ofDirectors of the TIG Premier Insurance Company and that said Section 30 of said @ylaws has not beenamended or repealed as of the date hereof; 'Kesolvea', that tne signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this CorporatiorL' GIVEN under my hand and the seal of said Company, this day of 19 96 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO. 1 36786757-001224 secle toy State of Michigan County of Calhoun a SS-- On this 6TH day of before me appeared to me to be the person who on behalf of the corporation CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW95-17 BARRIER RAIL ON FRONT ST. A T EMPIRE CREEK This is to certify that @lz , -@ C- . , (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. PW95-17 BARRIERRAIL ON FRONT ST. AT EMPIRE CREEK situated in the City of Temecula, State of California, more particularly described as follows: INSERT TITLE OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereb disputes the following amounts: Description Dollar Amount to Dispute 7 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. CONT Dated: By: Print Name and Title RELEASE R-1 r:@cip\projects\pw95-17\biddocl 12104195 seh Signed and sealed this day of 19 (Seal) SURETY PRINCIPAL By: By: (Name) (Name) (Title) (Title) By: APPROVED AS TO FORM: (Name) City Attorney (Title) MAINTENANCE BOND M-2 r:\Cip\projects\pw95-17\biddocl 12/04/95 seh ITEIA 12 APPROVI CITY ATTI FINANCE I CITY MAN ik-' CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: oseph Kicak, Director of Public Works/City Engineer DATE: May 28, 1996 SUBJECT:Award of Construction Contract for Maintenance Project No. 95-96-31 Banner Poles Replacement, Located at Front Street and Calle Cortez PREPARED BY: bl@Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council: 1 .Award a contract for Maintenance Project No. 95-96-31 - Banner Pole replacements located at Front Street and Calle Cortez to Lekos Electric Inc. for $13,000.00 and authorize the Mayor to execute the contract. 2.Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,300.00 which is equal to 10% of the contract amount. BACKGROUND: In January, 1995, due to severe winter weather storms, the existing banner poles were damaged enough to warrant concern for high liability to the City of Temecula. In investigating the damage it was determined that of the two (2) existing banner poles, one (1) needed complete replacement, the second needed extensive modifications with no assurance that similar failure would not recur in the future. It was determined that total replacement is the best alternative. In March, 1996, in conformance with the City's current purchasing procedures, staff requested and received informal bids from three (3) contractors for the following scope of work: 1 .Install two (2) banner poles with hardware including foundations 2.Removal of existing foundation The bids received were as follows: Base Bid 1. Lekos Electric, Inc $13,000.00 2. DBX, Inc No Quote Received 3. Paul Gardner Corp No Quote Received -1- r\agdrpt\96\0528\banpoles. awd/ajp Lekos Electric, Inc. Has performed work in the past for the City of Temecula Public Works Department and we have found their work to be satisfactory. The Engineer's estimate for the project was $1 5,000.00 FISCAL IMPACT: The project is being funded from the Public Works Street Maintenance Account No. 100-164- 601-5402 and the City of Temecula's Notice of Interest, FEMA 1044/1046-DR-CA application. The total project is $14,300.00 which includes the contract amount of $13,000.00 plus 10% contingency amount of $1,300.00. Attachm@: Contract -2- r\ag d rpt\96\05 2 B\b anpoler. awd/ajp CITY OF TEMECULA AGREEMENT THIS AGREEMENT, made this = day of May, 1996, by and between the City of Temecula ("City") a municipal corporation, duly orga@zed and existing under and by virtue of the laws of the State of California, and Lekos, Electric, Inc. hereinafter called "Contractor'. In consideration of their mutual promises contained herein, the parties agree as follows: 1. The Contractor, in consideration of the promises of the City hereinafter set forth, hereby agrees to @sh all tools, equipment, labor and materials necessary to perform and complete in a worlananlike manner, all of the work required for the construction of the improvements described in Work Order No.95-96-31 attached hereto. The work shall be per-formed according to the City of Temecula's Procedures For Informal Bidding For Public Work Orders of $25-000 or Less, Fiscal Year 1994-95. Where the Work Order or the Informal Bidding Procedures describe portions of the work in general terms, but not in complete detail, the latest version of the City of Temecula- Del2a ic Works Standards Drawinoc, for Public Work,.; ronstruction ("Standard Drawings"), and Rt2nciard S12ecificatiorLs for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern Cafifomia Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") shall control. Copies of the Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, Califo@a 90034 (213) 202-7775 In case of any conflict between the Standard Drawings and the Standard Specifications, the Standard Drawings shall control. Where the Work Order, the Informal Bidding Procedures, the Standard Drawings, or the Standard Specifications only describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. 2. The City, in consideration of the performance of this Contract, agrees to pay the Contractor and the Contractor agrees to accept in full satisfaction for the work done hereunder the sum of Thirteen Thousand Dollars ($13,000.00) , in accordance with the bid of the Contractor which sum shall be paid to the Contractor within the time and in the manner set forth in the Informal Bidding Procedures, final payment to be made within @-five (35) days after filing Notice of Completion of said work and improvement with the Riverside County Recorder. 3.Pursuant to the provisions of Section 1773 of the Labor code of the State of California, the City Councilhas obtained the general prevailing rate of per them wages and the general rate for holiday and overtimework in this locality for each craft, classification, or @ of workman needed to execute this Contract from the Director of the Department of Industrial Relations. These rates are on file in the office of the City Clerk. Copies may be obtained at cost at the City Clerk's office in 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 comply with the provisions Section 1773.8, 1775, 1776, 1777.15, 1777.6, and 1813 of the labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, I r: @int\96workor\lekog. ag r/ajp ("Informal Bidding Procedures"). paid less than the stipulated prevailing rates for any work done under this Contract, by him or bv any subcontractor under him, in violation of the provisions of the Contract. 4.Contractor, by executing the Contract, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. " 5 . All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site, shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend City, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Principal, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. 6. Contractor and subcontractors shall obtain all necessary licenses, including but not limited to City business license. IN WITNESS V;HEREOF, the City has caused its corporate name and seal to be hereunto subscribed and affixed by the [Mayor/City Manager] and attested to by the City Clerk, both thereinto duly authorized, and the Contractor has hereunto subscribed this Contract the day, month and year hereinabove written. CITY OF TEMECULA CONTRACTOR LEKOS ELECTRIC, INC. 1370 Pioneer Way El Cajon, California 92020 By: By: Karel F. Lindemans, Mayor Name: Title: ATTEST: June S. Greek, City Clerk (Date) APPROVED AS TO FORM: Peter M. Thorson, Cit7y Attorney 2 r: \mnint\96workor\lckog. ag r/ajp PROJECT NO. 95-96-31 CITY OF TEMEECULA CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE This is to certify that , (hereinafter the "undersigned") declares to the City of Temecula, under oath, that it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any of the undersigned's agents, employees, or subcontractors used or in contribution to the execution of its contract with the City of Temecula with regard to the building, erection, construction or repair of that certain work improvement known as: , situated in the Community of The undersigned declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice of any unpaid sums owning to the undersigned. Further, for valuable consideration, the receipt of which is hereby acknowledged, the undersigned does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and in favor of the undersigned and the City of Temecula or which relate in any way to work performed by the undersigned with regard to the above referenced construction project. Further, the undersigned expressly acknowledges its awareness of and waives the benefits of 1542 of the Civil Code of the State of California which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially effected settlement with the debtor". This release is intended to be a full and general release of any and all claims which the undersigned now has or may, in the future, have against the City of Temecula and/or its agents and employees with regard to any matter arising from the construction or the above referenced project or the contract between the City and the Contractor with respect thereto whether such claims are now known or unknown or are suspected or unsuspected. By: (Name) (Title) 3 r: \nmint\96workor\lckoo.agr/ajp ITEIN4 13 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: City Clerk DATE: May 28, 1996 SUBJECT:Purchase of Imaging Software APPROVAL CITY ATTORNEY FINANCE OFFI CITY MANAGER RECOMMENDATION: That the City Council approve the expenditure of $29,905.43. for the purchase of LaserFiche software to complete phase one of the city-wide imaging program. DISCUSSION: The City Council approved an allocation in the 1995-96 budget to implement a City-wide imaging system which will provide a cost-efficient, highly effective document preservation, storage, and retrieval system. The recommended expenditure will support the purchase, installation and technical support for software to complete phase one of the City-wide document imaging program. The selection of LaserFiche Document Imaging Software was based on comparisons of features needed, compatibility with existing equipment and the Windows software recently installed throughout City Hall, as well as the reputation of the manufacturer, their experience with municipalities, and support services capability. Both the Network Administrator and City Clerk attended demonstrations of a number of software programs, met with representatives and did interviews of other Southern California cities who have purchased and currently are using this product. LaserFiche is also the only software that has been specifically designed to run on the Novell network, which the City of Temecula utilizes and the software is proprietary. Based upon these factors, staff is recommending that we purchase the following: Purchase Price One twenty-five user LaserFiche NLM/Windows $18,490.00 Document Imaging software for Novell network; Includes OCR engine and drivers for Ricoh scanners Annual priority telephone support and software updates. $ 5,390.00 Three-day on-site training @ $1,500 per day. $ 4,500.00 TOTAL $29,905.43: Agenda Report Purchase of Imaging Software May 28, 1996 Page 2. The price includes taxes, ground shipping, 30 days of telephone support and free updates. The training will be provided at the Temecula City Hall. FISCAL IMPACT: The cost of this was approved in the 1995-96 Annual budget and is currently available in the Internal Services Funds - Information Systems. JSG/rp ITEI\4 14 z ORDINANCE NO. 96-10 AN ORDINANCE OF THE CrrY COUNCH, OF THE CrrY OF CULA APPROVING PLANNING "PLICATION NO. PA96-0027, AMENDING TBE TEXT SPECMC PLAN NO. 199 TO ALLOW HOUSING SIZES TO A MAX OF 3,200 SQUARE FEET ON PROPERTY LOCATED NORTH OF RANCHO C RNIA ROAD, EAST OF MEADOWS PARKWAY, SOUTH OF LA SERENA WAY, WEST OF B LD STAGE ROAD AND KNOWN AS PLANNING AREAS 6, 10, 11, AND 12 OF SPECIFIC PLAN NO. 199 (MARGARITA VILLAGE) THE CITY COUNCIL OF THE CITY OF STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings, A.The City Council in approving the proposed Zoning Amendment - Specific Plan No. 199, makesthe following findings, to wit: (1) Planning Application No. PA96-0027 (Specific Plan No. 199 - Zoning Amendment), as proposed, is compatible with the health, safety and welfare of the community. 2. Planning Application No. PA96-0027 (Specific Plan No. 199 - Zoning Amendment) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with Specific Plan No. 199 - Margarita Village. 3. The project is compafible with surrounding land uses. The project consists of an expansion to the maximum square footage of single-family residences in an area that is comprised of a variety of sizes of single-family residences. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 199. 5. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 202. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Ords\96-10 Section 2. Environmental Compliance- Environmental impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. It is Staff's opinion that due to the limited scope of the proposed Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not know@--@ at the time of the EIR was certified and comple,t- becomes available. None of these situations havl- )ccurred; therefore, no further environmental analysis is required. Section 3. Conditions, That the City of Temecula City Council hereby approves Planning Application No. PA96-0027 (Specific Plan No. 199 - Zoning Amendment) increasing the maximum allowable square footage of houses to 3,200 square feet on property located north of Rancho California Road, east of Meadows Parkway, south of La Serena Way, and west of Butterfield Stage Road and known as Planning Areas 6, 10, 1 1, and 12 of Specific Plan No. 199 (Margarita Village). Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Wi@r '5 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinu.,.;e, together with the nwnes of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 5. PASSED, APPROVED, AND ADOPTED this 28th day of May, 1996. Karel F. Lindemans, Mayor AT=T: June S. Greek, CMC, C-.,L-y Clerk [SEAL] Ords\96-10 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) 1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 96-10 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of May, 1996, 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 May, by the following roU call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, CMC, City Clerk Ords\96-10 3 ITEN4 15 .f 4 ,f ORDINANCE 96-11 AN ORDINANCE OF THE CITY COUNC]IL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28 OF THE MUNICI]PAL CODE REGARDING THE PREUA FACIE SPEED LMT ON RANCHO CALIFORNIA ROAD BETWEEN DIAZ ROAD AND MORAGA ROAD THE CITY COUNCIL OF THE CITY OF TEMEECULA DOES HEREBY ORDAIN AS FOLLOWS: AS, The City of Temecula finds and determines that from time to time it is necessary to add or modify existing prima facie speed limits within the City for certain streets, or parts of streets. SECTION 1. Section 10.28.010(d) of the Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits only on the following streets: "Name of Street and Declared P ' Portion Affected Facie S12eed Limit, Rancho California Road between 35 Diaz Road and Moraga Road Except as specifically set forth in this Section 1, all other provisions of Section 10.28.010(d) shall remain in full force and effect. SECTION 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. The City Clerk shall ce@ to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION S. This Ordinance shall be in full force and effect thirty (30) days after its Ords\96-11 -I- passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED APPROVED AND ADO this 28th day of May, 1996. Karel F. Lindemans, Mayor A=T: June S. Greek, CMC, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, do hereby ce@ that the foregoing Ordinance No. 96-11 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of May, 1996, and that thereafter, said Ordinance was d-ily adopted and passed at a regular meeting of the City Council on the 28th day of May, 1996, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: June S. Greek, CMC, City Clerk Ords\96-11 ITEIN4 16 ORDINANCE 96-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE CULA MUNICI]PAL CODE REGARDING THE PR@ FACIE SPEED LD41T ON MARGARITA ROAD BETWEEN SOLANA WAY AND RANCHO CALIFORNIA ROAD THE CrrY COUNCIL OF THE CrrY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: WHEREAS, The City of Temecula finds and determines that from time to time it is necessary to add or modify existing prima facie speed limits within the City for certain streets, or parts of streets. WHEREAS, the City conducts traffic and engineering surveys on its roadways in order to determine the appropriate speed limit; WHEREAS, the traffic and engineering survey on the segment of roadway designated in this Ordinance indicates that the speed limit should remain the same and, therefore, the intent of the Council is to reaffirm the speed limit given the new traffic and engineering study. SECTION 1. Section 10.28.010(d) of the Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits only on the following streets: "Name of Street and Declared P ' Portion Affected Facie S@ Limit, Miles ier Hour Margarita Road between 45 Solana Way and Rancho California Road Except as specifically set forth in this Section 1, all other provisions of Section 10.28.010(d) shall remain in full force and effect. SECTION 2. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 3. The City Clerk shall ce@ to the adoption of this Ordinance and shall cause the same to be posted as required by law. Ords/96-12 -I- SECTION 4. Effecfive Date. This Ordinance shall be in full force and effect @ (30) days after its passage. The City Clerk shall ce@ to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION S. This Ordinance shall be in full force and effect @y (30) days after its passage; and within fifteen (15) days after its passage, together with the .@-.ames of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED APPROVED AND ADO this 28th day of May, 1996. Karel F. Lindemans, Mayor A=T: June S. Greek, CMC, City Clerk [SEAL] Ord&/96-12 -2- STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, do hereby ce@ that the foregoing Ordinance No. 96-12 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of May, 1996, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of May, 1996, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: June S. Greek, CMC, City Clerk Ord&/96-12 -3- TEN4ECULA COIMIMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD MAY 14, 1996 A regular meeting of the Temecula Community Services District was called to order at 8:08 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. President Ron Roberts presiding. ROLL CALL PRESENT: 5 DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts ABSENT: 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, General Counsel Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Lindemans, seconded by Director Stone to approve Consent Calendar Items 1-4. The motion was unanimously carried. 1 Minutes 1.1Approve the minutes of April 23, 1996. AYES: 5 DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None 2Release of bonds for Nicolas Road LandscaQinci - Coscan Homes California, Inc. (Located at Nicolas Road near North General Kearny Road) 2.1Authorize the City Clerk to release the Parkland/Landscape Faithful Performance bond for the construction of Nicolas Road Landscaping - Coscan Homes California, Inc. r:\minutes.esd\051 496 3Award of Contract for Construction of North/South Restroom Facility (Project No. PW96-07CSD) 3.1Approve the plans and specifications for the construction of the North/South Restroom Facility, Project PW96-07CSD. 3.2Award a construction contract in the amount of $26,572.00 to Mahr Construction, and authorize tne President to execute the contract. 3.3Authorize the general Mana,7er to approve change orders not to exceed the contingency of $2,657.20 which is equal to 10% of the contract amount. 3.4Transfer $29,229.20 from Pala Community Park Project, account n,,Imber 210-190-120-5804 to the Rancho California Sports Restroom Renovation Project account number 210-190-146-5804. 4Desian Services Contract - Americans with Disabilities Act Park Improvement Proiect 4.1Award contract of $10,450 to The Alhambra Group for the preparation of the schematic design drawings, construction documents, and project administration for the Americans with Disabilities Act (ADA) Park Improvement Project. DISTRICT BUSINESS 5TCSD Proposed Rates and Charges for FY 1 996-97 Community Services Director Shawn Nelson presented the staff report. It was moved by Director Lindemans, seconded by Director Stone to approve staff recommendation as follows: 5.1Adopt a resolution entitled: RESOLUTION NO. CSD 96-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ON THE FILING OF A REPORT ON THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 1996-97 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH The motion was unanimously carried. r:\mi nutes. csd\051 49 6 -2- GENERAL MANAGER'S REPOR None given. DIRECTOR OF COMMUNITY SERVICES REPORT None given. BOARD OF DIRECTORS REPORTS Director Birdsall requested that trash pick-ups begin at 7:00 AM instead of 6:00 AM. ADJOURNMENT It was moved by Director Stone, seconded by Director Lindemans to adjourn at 8:1 5 P.M. to a meeting on May 28, 1996, 7:00 P.M., Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Ron Roberts, President ATTEST: June S. Greek, CMC, City Clerk/ District Secretary r:\minutes.csd\051496 -3- ITEI\4 2 APPROVAL CITY ATTORNEY DIR. OF FINANCE, CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:Board of Directors FROM:Ronald E. Bradley, General Manager DATE:May 28, 1996 SUBJECT:Community Services Recreation Brochure PREPARED BY: Julie Crowe-Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors: Approve purchase order of $1 5,61 8 from Graphics Unlimited to print one (1) issue of the Community Services Brochure. DISCUSSION: A Request For Proposal (RFP) was released by the City to solicit proposals for the development and professional production of the Community Services Recreation Brochure. The Summer/Fall issue will be distributed city-wide on June 5, 1996. The brochure will include 28 pages with a glossy, full color, seventy-weight outer cover and glossy seventy-weight interior pages. Services provided will include design, camera ready art work, typesetting layout, final printing and delivery to the U.S. Post Office for bulk direct mail delivery. The proposals for one (1) issue, including sales tax, were submitted as follows: 1. Graphics Unlimited $15,618 2. Gerard Computer Graphics $21,304 3. Reprints, Inc. $25,614 It is staff's recommendation to award production of the recreation brochure to Graphics Unlimited as the lowest, most qualified bidder. FISCAL IMPACT: Cost to produce one (1) issue of the Recreation Brochure will not exceed $1 5,61 8. Unencumbered funds exist in account #1 90-180-999-5222. DEPARTMENTAL REPORT A CITY ATTORNE FINANCE DIRE( CITY MANAGE CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: May 28, 1996 SUBJECT: Departmental Report PREPARED BY:@ Gail L. Zigler, Administrative Secretary Construction of the Parkview Fire Station began on January 3, 1996. Great West Contractors is the general contractor for the project. The building is currently under construction and on schedule. The Rancho California Creek Restoration Project bid opening is scheduled for April 1 1, 1 996. Award of Contract will go to City Council on April 23, 1996. A pre-construction meeting was held on Tuesday, May 21, 1996 and construction will start in June, 1996. The City of Temecula and Union for a River Greenbelt Environment (URGE) have received a $50,000 grant toward this project from the California Department of Water Resources and will receive a second $50,000 grant upon completion of the construction. The Rancho California Sports Park Improvement Project is in the 90 day maintenance period. A Grand Opening Ceremony is scheduled for Thursday, June 27, 1996, 10:00 A.M. Staff plans to open the park for free skate after the ceremony. The park will be open for business that afternoon on a paid use basis. On December 19, 1995, the City Council awarded the construction contract to Mahr Construction for the Sam Hicks Monument Park Improvement Project. The restroom snack bar is currently under construction and on schedule. The Temecula Duck Pond Master Plan was approved by the Board of Directors on April 9, 1 996. As part of the overall Master Plan, the fencing at the park site was removed and replaced. The park is currently closed for turf renovations. Aerators and fountains are on order and should be installed during the week of May 27, 1996. Staff anticipates the park will re-open by June 1, 1996. The construction documents for the City of Temecula Maintenance Yard Project are in final plan check. Staff anticipates the project will go out to bid by May 31, 1996. It is anticipated that this project will be completed in the winter, 1 997. IL'\A\AGENDAS\DEFM30 N&Y 20.1996 Construction documents are also being prepared for Margarita Community Park. The first phase of the Master Plan includes parking, lighting, tot lots, picnic facilities, landscaping, irrigation, and pedestrian walkways. The bid will also include additive alternates for a roller hockey rink, tennis courts, and improvements to the adjacent school district baseball fields. Staff will bring forward a recommendation for a joint use agreement between the school district and the City for improvements to and maintenance of the fields. The City has opened escrow on the Winchester Creek Park Property. The first project design committee meeting for Winchester Creek Park is scheduled for Tuesday, May 28, 1996. Committee members include representatives from the City Council, Community Services Commiss@lon, staff and homeowners from the Winchester Hills housing tract. On February 27, 1996, the Board of Directors approved the Acquisition Agreement for the Temecula Town Association's Community Center and Rotary Park site. The City anticipates opening escrow on this property in July, 1996. Staff is looking at various recreation and human services programs, which will be implemented when the City takes possession of this facility in September, 1996. Rotary Park is in the final maintenance period and a dedication ceremony is scheduled for June, 1996. R.'A@D@30 Aby 20. 1996 REDEVELOPMENT AGENCY ITEM 1 7 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MEETING HELD MAY 14, 1996 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:1 5 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT: 5 AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, General Counsel Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR. It was moved by Agency Member Roberts, seconded by Agency Member Lindemans to approve Consent Calendar Items land 2. The motion was unanimously carried. 1 Minutes 1.1Approve the minutes of April 23, 1996. 2Amendment to Lease Aareement with Donna L. Reeves Trust 2.1Approve as to form an amendment to the Lease Agreement with Donna L. Reeves Trust and authorize the Executive Director and Agency Attorney to execute the amendment. AGENCY BUSINESS 3Purchase Aareement for 28535 and 28545 Puiol Street Agency Member Stone announced a conflict of interest and stepped down from the dias. Senior Planner John Meyer presented the staff report. Minutes.rda\051 496 -1- It was moved by Agenc,,, member Lindemans, seconded by Agency Member Roberts to approve staff recommendation as follows: 3.1Adopt a resolution entitled: RESOLUTION NO. RDA 96-12 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED 'REVISED AGREEMENT FOR ACQUISITION OF CERTAIN REAL PROPERTIES LOCATED AT 28535 AND 28545 PUJOL STREET IN THE CITY OF TEMECULA" The motion was unanimously carried with Agency Member Stone abstaining. EXECUTIVE DIRECTOR REPORT None given. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT It was moved by Agency Member Lindemans, seconded by Agency Member Ford to adjourn at 8:18 PM to a meeting on May 28, 1996, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Agency Secretary Minutes.rdakO5l496 -2- ITEI\4 2 AP CITY ATTORNE' FINANCE OFFIC CITY MANAGEF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO:Redevelopment Agency Board Members/Executive Director FROM:Mary Jane Mclarney DATE:May 28, 1995 SUBJECT:Funding For Year Two of the Old Town Mainstreet Association Prepared By: John Meyer, Senior Planner RECOMMENDATION:Staff recommends the Redevelopment Agency do the following: 1Authorize the Payment of $60,000 to fund Year Two of the Main Street Program. 2.Provide Direction to the Executive Director regarding the level of interaction between the Agency and the Old Town Mainstreet Association's Board Of Directors. BACKGROUND: In February 1 995, the City entered into a Cooperative Agreement with the Old Town Temecula MainstreetAssociation. TheagreementprovidesforpartialfundingfortheMainstreetProgram for at least five years. During Year Two the funding is for $60,000. The agreement requires the Association to provide a detailed Annual Report on how the Agency's funding support for the Program was spent. Attached is the Association's Annual Report. Staff has reviewed the Report and is satisfied the Association has been carrying out the Main Street Program. The Association has recently revised its Bylaws to include a City representative on its Board of Directors. Staff is seeking policy direction from the Redevelopment Agency Board. In an effort to provide the Association a certain level of autonomy, staff recommends the City decline this Board position. Instead staff recommends a City Staff Representative sit on the Board as an ex-officio, non-voting member. This will allow City participation in the Board's discussion but no voting capacity. FISCAL IMPACT Sixty thousand dollars ($60,000) has been appropriated for the Old Town Mainstreet Association in the CIP\Economic Development Budget for FY 95-96 (Account Number 280- 199-999-5264). Attachment:Annual Report R:%STAFFRP'nFACADE.CC 5/20/96 ATTACHMENT NO. 1 ANNUAL REPORT R:\STAFFRMPACADE.CC 5/201% 2 ADr4Ll 8, 1996 TO:Ron Bradley, Citv Manaaer -7-@CM:Jane-- Rock, E,-,ec,,it-'--,.7e SUB.-EC@-:OTR."MA -KNNUAL REPORT, 31/9-- - 2/'96 ,MAIN STREET PROGRAY., Y-7AR ONE C-4 V4 @4 am pleased to submit this --enor-- of the a -- ---es of --he Old Town Temecula Mainst--eet Xssoc,-a-@-'-on for vear one of the Ma4-n S,ti-2er- nr--cj--am. The --ecor7: is ou7-',.' -he @L our ineci accc)--a2-ng of --.'ae Main SL--ree@ -@RC-@N7-a'"iCN S -@ C R Y -7--om !--Q'7 unz@ 99@ @-ie OTTM.A ex-@'szed as a merchan7-'s association with an all volunteer board of directors, no 'said staff and no ne=anenr- office. The Old '."own Temecula Mercaanr-s Assoc4-ation changed its name ---- :he Old Town Temecula MainsT:reet Assoc4-at@-on, adopted the Main Street strategy -for L'- h e implementation of the Sr)eci-@i-c Plan for Old Town, signed a lease -or office space and hired me as --he Execut4-ve Direc--cr effective February ',3, 1995. The merctan7-'s assoc4ar-@on board of directors became th; Mains-"--eet Associak--4-on board of directors and the name on the ex4-sting bank account --he merchant's association was changed to Mai-ns-@reet. OFFICE SET-UP: Theoffice was set uD with some furniture donated -rom city surplus.The organization purchased a commuter and !eased a copier andmostace me@er. The two commuter prinmers, @Lax machine, desk, file cabinets, adding machine and other smaller office machines are mv nersonal DroDerty on loan to the organization. RECORDS: Verv few nast records, minutes or procedures were zrovided to the office. Those -Beat were retrieved have been filed in the office. FINANCIAL:Pas-" financial information received for the organizationwas a commuter accounting of %the checks written June 1994 to Februarv 1995. No cancelled checks, reconciliations or financial reoor--s were available initially. It took anDroxi-ma@-ely -nonzhs -"o locate records @@cr !994 so --hat @-he .hired bv =.'le Ma--nszreet organization could .@i-le non-profit O@ IROWN , S T ASSOCIATION (909) 699-1148 28690 FRON-- S=EET - SU= 370 CA 92590 - T (909) 699-8138 - F Page 2 - CTTMA Annual ReDc)rt tax retur@'S. Records for Mav and -ane of 1994 still have not been located. Bob Leach of Talcotk@- ComDany acts as the organizat4-on's CP.k. He -receives a copy of the associations's check register eac.a month and the following month submits formal reports +-O the organization. After establishing a budget for 1995 with the info=at4-cn available, approximately $12,000 in past unsaid bills from the Merchant's kssociation were found. In addition, a -former contract -2mr)lo,,iee -s ar- present oreDar4-ng to sue --he oraan--@at4-on @-cr nonnavmentof $7,000 in fees -Prom 1993. All overdue bills excecr- the S@/,OOOhave been paid. A copy of these ex-Denses -'-s attached .@or -,7CUrinformation. At--ached is a copy of -"he !--Q-05 exvenses and ùcouv of --he Projected 1996 budae@. BUSINESS PLAN: A Mission Statement, Goals and Obec--ives and a Business Plan have been established bv --he organization this year. The associations by-',-aws have been reviewed bv --he board of ,4 4 ana amendments have :Deen made. Conies c-- --.Iiese documents have been -.,aa@7ed -c the membership an accurate -ie-@ers 4 S- for 4 '4e-@c.-.anzls -@ssociaz--cn, a meMbE -- 7:-'cn same -:ne zca-@ z and objectives of the Mainstreet Associar-,-on was crear-ea ana a Ar)prox4mateiv 50 members have memnershiio drive was conduc--ed. been added %--.his @ast vear, 2 have not renewed. COMMITTEES:Standing committees were established with regular meet-ngs are oden --o all members. Thev consis-- of Promotions (Evenzs), Adver--4-s--.ng, Finance and Economic Restrucmur4-nq. SDecial committees for -he larger, revenue nroduc4-ng events such as Rod Run, Western @,avs, Bluegrass Festival and Christmas are held on an as needed basis. i4EE'@"INGS: Board of directors meet'-nas are held the first Thursday each month at 3:30 a.m. in ---.e OTTMA conference room. General t 4 ::us@ness mee Lnas are held on --ne second Thursdav of each month at 7:00 p.m. ".'he business meetings have been very poorly attended and have of -"@en become a -@oram for complaints. The board has considered drovvina the business @rom these meet4-nas, mail-ng per-@,'-nen@ assoc7 at4-on '-nf orma- - :)n monthly, and going --o a quarterly mixer or social setting for @.ae association. NEWSLETTER: A bimonthly newsletter including information on meetings,membership information and events was set up and issued with '"heassistance of interns. STAFF:Currentiv the OTTMA staff consists of the director and a one day a week volunteer. Interns -from Mt-San Jac4-nto College are used whenever available. Page 3 - O'@"TMA Annual Renor-- PROMOTIONS EVENTS: The business plan for the OT-@ OUti 4 nes four major, @Lundraising events -Der -vear that are handled from %--he office with committee assistance. Thev '-ncl-ude Rod Run, Western Davs, a Bluegrass Festival and a Chr@s=as festival. Recently the board of directors determined --hat -@hese events were too time consuming -for -.he director to manaae with v---,,anteer committees. The revenue oroduced bv these events w4--L-- sumr)or-- the organization as --he c----v-'s -funding is decreased. ----aues-- for mroncsal qas been sen-- to market and event planners @roduction of --hese events. Run 1996, cha4 --or, assisted Rod -red bv -@ne OT-@ direc bv a was deemed a huae success. The Dolice estimated that the event attracted approximately @--@-,OOO pecole -@o Old Town, nearl-v three times last vear's attendance. Media coveraae mr4-or to +-,he event was ex--ens-ve and marv media visitors to -L-.'ie event are c--nr- nu4-na to nubi4-si-i ar-zic-as on Temecula after the event. Sr-onscrs of --he event -,were a-,--- @--@ased and @A7i----.-.cu7- exceor-,. on asked -cnar-t4-c4--Da7-e again nex-z 7ea--. sur@7ev on -Rod -Run has been sen-- aL- old -own '-us,4-,iess and crcoer@@,7 owners determine i e 2concin@@c i-.nnac@ @f --.'le @-"7en--. While the event was a markez-'-na and oublic relations success for -.emecula and Old Town, -..te even-- C--S-@ the OT--@ a great deal more SS4 -or services and assistance. W4---tcuz an admi- -Lon charae '"o offset was less --han half of last -@hese expenses, '-he OT-@l's yearls. The business plan also oUrl4nes four minor non-revenue aenerat4ng events that merchant committees wi-1-1- organize as store promotions .for Easter, Four--h of U-ul-,7, So --cna Summer Sale Davs and Halloween. The one on-going event in Old Town is the Saturday morning --er,----f@-ed Farmers Mar.rer-. The mar.-:et recently celebrated i- s t4 -Lrsz anniversary in its cur--en-- loca -on. Over this @as@ year the market has grown from a few farmers to over 25, --From a handful of visitors to hundreds of reaular customers each week. The weeklv profit of the market is over SZ-50.00. During the summer the OTTMA, w4-@t -he cooperation of the Vintners Association held four "Su=er N4-ahk--sll events. Business owners were urged to stay open until 9:00 -o.m. on Fr4-day night, restaurants were asked to add outdoor ar4-'-l-ed entrees for the night and LI-he wineries provided wine tas--4-nas. The Temecula Vallev Acoustic music society provided several venues for live entertainment. The event gave manv people a chance --o visit Old Town for the first rn W 4 time. he event gre in number of visitors with each night. page 4 - OTTMA Annual Reoort The business plan fur--her outlines tnat the OTTMA will assist as much as Dossible with the Ar@@s Festival, the Film Festival, Balloon and wine' Festival, @he TTA's Tractor Race, the Pumpkin Run and the Greek Festival. ADVERTISING: The Advertising Committee meets each month to review proposals for advertising --hat have been submitted bv various media representatives. old Town business owners have found that bv advertising cooperatively - grouping advertising under one banner or heading, runnina at the same time - @@heN7 --@--ceived more at@enzicn and return on their advertising dollars. The commit--.ae selects -.hose proposals that fit within the basic budget requirements for Old Town businesses that address the determined "tar.-e+-, mar,rle-r-11. At this time the target market for Old Town is first, the local market, second, the San Diego market, and @-hen the Oranae County market followed b,,,, Los Angeles area and Riverside-San Bernardino Countv. -Results@7ear -@--cm '@-anner -oaae adver--4@s4-na in -@'.-Le San Di---ac Union Tribune,--he Olde Town San Dieao -@azez=a, -L..'Ie Ca-i-'----ornian, -z.-ie Ranc.,io @News and --'.-Le -2ress 7@nr-pr@r se wer2 ]DV --ne advertisers and were r2icor--ea @o -iave -een ;,er-7 To effec--4-velv reach -he local market, the OT-@ worked with Californian newsdaoer to proauc-z a special quarzer"y Old Town section of the pacer. The sec@---:on includes adi-@-or4-al on events, people, his@oi-7 and businesses @n Old Town ana is supported by advertising by Old Town businesses. This sect-Lon is distributed in the full run of the -oar)er on a Sunday e-t,,er,7 --hree months. An overrun of 3500 was also Drovided for mailing and handouts in old Town and at the Chamber of Commerce Visitor Centers. The billboard on the 1-15 -freeway was cancelled due -"o lack of funds. The advertising commit-tee has researched better locations, nearer the San Dieao market, for a future billboard if the funds become available. Unfortunately the billboard, nrovided @-or in --he snecific plan for Old Town was in year four this year, wnile the rest of the program is just doing into year two. A BID was to be in place in year four to cover costs for the billboard. The Old Town MaDs have been uvdated and reuri-nted twice -.his past year. These mans are distributed to the Chamber of Commerce, the wineries, the merchants and many other businesses that request them. PUBLIC RELATIONS/MARKETING: The OTTMA joins @-i'le ---DC, the Vinr-nerrs Association and the Chamber of Commerce as a member of the city's marketing committee. The OTTMA reaul-ar-ly submits press r-@ases -@c Cooper and Vochelli, the c4-L--yls PR agency. Page 5 - OTTMA Annual Report The OTTMA is a member of the Chamber of Commerce's tourism marketing committee and attends regularly scheduled meetings. We are also members of the San Dieuc Convention and Visitor Bureau and include Old Town information in all San Diego publications and receive leads on groups arriving in San Diego who might be interested in Temecula as an add-on to their trip. The OTTMA is also a member of the Inland EmDire Tourism Council with the City and Chamber. This will provide regional exposure for Old Town. The OTTMA office includes a visitor's center offering information on Temecula, Old Town and all events in the area. DESIGN As director of the OTTMA I attend the City's Old Town Improvement Task Force each month to provide input from the association to city staff representatives and to relay information, timelines and ideas to the OTTMA membership on the implementation of the specific plan. I also attend regular meetings of the Old Town Local Review Board to keep up to date on new projects in the area. I regularly answer questions concerning the specific plan to prospective business owners. Questions concerning the facade improvement program and the non-conforming sign removal program are frequently asked. I provided assistance to Building and Saftey and the Planning staff in the additions of trash barrels and converted restrooms to Old Town. ECONOMIC RESTRUCTURING This year saw the creation of the BRAG (Business Recruitment Assistance Group) for Old Town as provided for in the specific plan. This group consists of OTTMA members, the EDC, the Chamber of Commerce, the real estate community, the city planning department, building and safety department and the City Manager's office. In the first few meetings the group has completed an inventory of Old Town businesses, targeted those businesses that should be added to the business/service mix, inventoried available land and is working on approximate costs to convert or build. An Old Town business recruitment packet is being designed to include information on Old Town and Temecula, loan packages available and small business assistance guides. OLD TOWN TEMECULA MAINSTREET ASSOCIATION PROPOSED BUDGET 1996 INCOME Contract $ 60,000 Billboard/Advertising 7,500 Brochures/Direct Mail/BRAG 15,000 Dues 8,000 vestment Income 800 zvents and Activities 67,500 Farmers Market 10,400 Rod Run 106,880 Post Cards 5,600 Miscellaneous 500 Total 282,180 EXPENSES Advertising 17,500 Bank Charges 300 Contingency 5,000 Dues and Subscriptions 1,000 Education 1,000 Equipment 1,350 Employee Benefits 2,400 Event Expenses 60,000 Equipment Rental 5,000 Farmers Market 10,000 Insurance - General 15,000 Insurance - Workmans Comp 500 Legal and Accounting 1,800 Photography 500 Postcards 2,700 Postaue 2,500 Promotional Materials 15)1000 Rent 6,850 Repairs and Maintenance 420 Rod Run 75,000 Sign 300 Supplies - Office 2,500 Supplies - Operational 2,500 Taxes - Other 10 Taxes - Payroll 4,200 Telephone 1,800 Utilities 850 Travel 1,200 Wages 45,000 Total $282,180 OLD TOWN TEMECULA MAINSTREET ASSOCIATION A @PARATIVE INCOME STATEMENT CURRENT PERIOD = 12 MONTHS & YTD PERIM = 12 MONTHS FOR THE PERIOD ENDING DECEMBER 31, 1995 BUDGET ACTUAL CHANGE YTD BUDGET YTD ACTUAL CHANGE AMOUNT AMOUNT % AMOUNT % AMOUNT AMOUNT AMOUNT FROM DECEMBER TO DECEMBER INCOME @r,ants 74,499.96 0.0 84,432.12 41.4 9,932.16 13.3 74,499.96 0.0 84,432.12 41.4 9,932.16 13.3 4emt)ership Dues 5,000.04 0.0 5,525.00 2.7 524.96 10.5 5,000.04 0.0 5,525.00 2.7 524.96 10.5 investment Income 0.00 0.0 784.93 0.4 784.93 100.0 0.00 0.0 784.93 0.4 784.93 100.0 @-vents @@ Act4vitie 0.00 0.0 3,670.-70 1.3 3,670.ZO 100.0 a.co 0.0 ---,670.-70 1.3 3,670.-70 100.0 Farmers Market 6,000.00 0.0 5,-05.66 2.6 -694.34 -11.6 6,300.00 0.0 5,305.66 2.6 -694.34 -11.6 Rod Run 34,999.96 0.0 103,616.00 50.8 18,616.04 21.9 84,999.96 0.0 103,616.00 50.8 18,616.04 21.9 Post Carcis 5,600.04 0.0 0.00 0.0 -5,600.04 -99.9 5,600.04 0.0 0.30 0.0 - 5, 600. J4, -99.9 unclassified 0.00 0.0 830.22 0.4 830.22 100.0 0.00 0.0 930.22 0.4 830.22 100.0 ------------ ----- ----------- ----- ----------- ------ ------------ ----- ------------ ----- ------------ ------ 70TAL INCCME 176,100.00 0.0 204,164.23 100.0 28,064.23 15.9 176,100.00 0.0 204,164.23 100.0 28,064.2.3 15.9 OPERATING EXPENSES Acivert i s i ng 3,960.00 0.0 33,785.--l 16.3 29,325.21 t-53.2 3,960.00 0.0 33,725.21 16.-z ---9,?,25.Zl 1@,3.2 3anK :harges o.co 0.0 -@7. --6 3.1. 287.--6 100.0 0.00 3.0 7-87.--6 0.1 287.26 100.0 @-ales --ommissions 0.00 0.0 60.00 J.0 60.00 100.0 0.00 0.0 60.CO 0.0 60.CD 100.0 7 '99.96 O.C 276.93 0.1 -5,223.03 -95.0 onr@nqency 5,499.96 0.0 276.93 0.1 -5,223.03 -95.3 5,@ -di in 999.96 0.0 220.05 0.1 -f-79.91 -78.0 999.96 0.0 ';-20.@15 -i-79.91 -78.0 Du, uoscriotio 0.00 0.0 556.00 0.3 556.00 100.0 0.00 0.0 556.00 0.7- 556.00 100.0 7-cuinment 6,000.CO 0.0 2,544.-2 1.2 ----,455.68 -57.6 5,000.00 0.0 2,@744.32 1.2 .3,455.68 -57.6 @-MOLoyee 3enefits 2,160.00 0.0 1,440.00 0.7 -720.00 -33.3 2,160.00 0.0 1,440.00 0.7 -720.00 - 33..3 Event Expense 4,299.96 0.0 6,436.64 3.2 2,136.68 49.7 4,Z99.96 0.0 6,!@36.64 3.2 2,136.68 49.7 Equipment Renta( 0.00 0.0 1,130.64 0.6 1,130.64 100-0 0.00 0.0 1,130.64 0.6 1,130.64 100.0 carmers Market @-XD 12,000.00 0.0 10,506.61 5.1 -1,493.@79 -12.4 12,000.00 0.0 10,506.61 5.1 -1,493.39 -12.4 Insurance-Genera(, 8,7-00.04 0.0 11,352.25 5.3 3,552.21 42.3 8,7@00.04 0.0 11,357.--5 4-.3 3,552.21 42.3 Insurance-Workmans 0.00 0.0 210.38 0.1 210.38 100.0 0.00 0.0 210.38 0.1 210.38 100.0 LegaL & Accounting 1,640.04 0.0 1,525.00 0.7 -115.04 -7.0 1,640.04 0.0 1,525.00 0.7 -115.04 -7.0 Photograony 500.04 0.0 637.00 0.3 136.96 27.4 500.04 0.0 637.00 0.3 136.96 27.4 Postcards 2,700.00 0.0 0.00 0.0 -2,700.00 -99.9 2,700.00 0.0 0.00 0.0 -2,700.00 -99.9 Postage & Stamos 2,499.96 0.0 1,860.00 0.9 -639.96 -25.6 2,499.96 0.0 1,360.00 0.9 -639.96 -25.6 8,080.00 4.0 9,600.00 0.0 3,080.00 4.0 -1,520.00 -15.8 ,Zent 9,600.00 0.0 -1,520.00 -15.3 Repairs & Maintena 0.00 0.0 74.68 0.0 74.68 100.0 0.00 0.0 74.68 0.0 74.68 100.0 Rw Run Expense 56,000.04 0.0 51,819.19 25.4 -4,180.85 -7.5 56,000.04 0.0 51,319.19 25.4 .4,180.85 -7.5 Sign 0.00 0.0 377.14 0.2 3T7.14 100.0 0.00 0.0 3T7.14 0.2 377.14 100.0 SUC)pLies-Office 5,000.04 0.0 4,310.35 2.4 -189.69 -3.8 5,000.04 0.0 4,310.35 2.4 -189.69 -3.8 SUDpLies-ODerating 2,499.96 0.0 2,362.15 1.2 -137.31 -5.5 2,499.96 0.0 2,362.15 1.2 -137.81 -5.5 Taxes-Other, 0.00 0.0 10.00 0.0 10.00 100.0 0.00 0.0 10.00 0.0 10.00 100.0 Taxes-PayroLL 4,200.00 0.0 3,400.64 1.7 -799.36 -19.0 4,200.00 0.0 3,400.64 1.7 - f-W.36 -19.0 TeLe.phone 1,200.00 0.0 1,826.18 0.9 626.18 52.2 1,200.00 0.0 1,826.18 0.9 626.18 52.2 Liti I i t i es 840.00 0.0 847.93 0.4 7.93 0.9 840.00 0.0 847.93 0.4 7.93 0.9 Travet 1,200.00 0.0 477.74 0.2 -722.26 -60.2 1,200.00 0.0 477.74 0.2 -722.26 -60.2 Wages-GeneraL 45,000.00 0.0 39,375.00 19.3 -5,625.00 -12.5 45,000.00 0.0 39,375.00 19.3 -5,625.00 -12.5 ------------ ----- ----------- ----- ----------- ------ ------------ ----- ------------ ----- ------------ ------ TOTAL OPERATING EX 176,100.00 0.0 186,789.29 91.5 10,689.29 6.1 176,100.00 0.0 186,789.@@9 91.5 10,689.29 6.1 PREPARED WITHOUT INDEPENDENT AUDIT VERIFICATION BY TALCOTT CO. (909-676-3971) OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY @ ITEI\4 1 MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY HELD MAY 14, 1996 A regular meeting of the Old Town Westside Community Facilities District Financing Authority was called to order at 8:18 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT:5 BOARD MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT:0 BOARD MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and Authority Secretary June S. Greek. PUBLIC COMMENTA None given. CONSENT CALENDAR It was moved by Board Member Lindemans, seconded by Board Member Ford to approve Consent Calendar Items No. 1 and 2 with Board Member Stone abstaining on Item No.2. 1 . Minutes 1.1 Approve the minutes of April 23, 1996. The motion carried as follows: AYES: 5 BOARD MEMBERS: Ford, Lindemans, Roberts, Stone NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None 2Second Reading of Ordinance No, FA 96-01 2.1Adopt an ordinance entitled: ORDINANCE NO. FA 69-01 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE OLD TOWNFWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN THE OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) Minutes.fa -I- The motion carried as follows: AYES: 4 BOARD MEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAIN: 1 BOARD MEMBERS: Stone ADJOURNMENT It was moved by Board Member Lindemans, seconded by Board Member Ford to adjourn at 8:18 PM to a meeting on May 28, 1996, Community Recreation Center, 3087E r--@ancho Vista Road, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Authority Secretary r:\minutes.fa@032696 -2- ITEI\4 2 APPR CITY ATT( FINANCE E CITY MAN CITY OF TEMECULA AGENDA REPORT TO: Authority Board of Directors FROM: Ronald E. Bradley, Executive Director DATE: May 28, 1996 SUBJECT:Financings for Old Town Area Public Improvements and the Western Bypass Corridor RECOMMENDATION:That the Board of Directors adopt the resolutions described below: 1Adopt a resolution entitled: RESOLUTION NO. FA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN[WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 1 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN 2.Adopt a resolution entitled: RESOLUTION NO. FA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWNFWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 1, APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND OTHER RELATED DOCUMENTS AND ACTIONS BACKGROUND: On April 23, 1996, the Authority adopted a resolution forming its Community Facilities District No. 1 (Old Town Area Public Improvements) (the "CFD"). Temecula Entertainment Valley, Inc. has requested that the Authority undertake proceedings to annex certain parcels to the CFD in which it holds an option to purchase. Staff recommends the adoption of a resolution of intention by the Authority to commence the necessary procedures to annex the property to the CFD, by adopting the Resolution listed as 1 above. ATTACHMENTS:Resolution (2) Fiscal Agent Agreement R:\age@.rpt\oid town RESOLUTION NO. FA 96- A RESOLUTION OF " --IE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSI]DE COMMUNITY FACI]LIT'IES DISTRICT FINANCING AUTHORITY OF ON T(" k:\@ TERRITORY TO CO FAC]ILMES DISTRICT NO. 1 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN WHEREAS, this Board of Directors of the Old Town/Westside Community'Pacilities District Financing Authority (the 'Authority') has conducted proceedings to establish Lhe Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the 'District") pursuant to the Mello- Roos Community Facilities Act of 1982, as amended (the 'Act"); and WHEREAS, under the Act, this Board of Directors is the legislative body for the District and is empowered with the authority to annex territory to the District, and now desires to undertake proceedings to annex territory to the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Old Town[Westside Community Facilities District Financing Authority as follows: 1. This Board of Directors hereby @l-- .--s and determines that public convenience and necessity require that territory be added to the District. 2. The name of the existing District is 'Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements).' 3. The territory included in the existing District is as shown on the third amended boundary map thereof recorded on May 2, 1996 in Book 41 of Maps of Assessment and Community Facilities Districts at Page 30, in the office of the County Recorder, County of Riverside, State of California, to which map reference is hereby made. The territory now proposed to be annexed to the District is as shown on the map of the proposed boundaries of Annexation No. 1 to the District, on file with the Secretary, the boundaries of which territory are hereby preliminarily approved and to A,@,ich map reference is hereby made for further particulars. The Secretary is hereby direct,. - to record, or cause to be recorded, said map of the proposed boundaries of Annexation No. 1 to the District, showing the territory to be annexed to the District, in the office of the County Recorder of the County of Riverside within fifteen days of the date of adoption of this Resolution. 4. The types of public facilities to be financed by the District and pursuant to the Act consist of those facilities (the 'Facilities') described in Exhibit A to Resolution No. 95-02 of the Authority, adopted on September 12, 1995. It is presently intended that the Facilities will be shared, without preference or priority, by the existing territory in the District and the territory proposed to be annexed to the District. Resos FA 108 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities, the principal and interest as it becomes due on bonds of the District issued to finance the Facilities and/or the costs of the Authority, the District and the City of Temecula to administer the District and such bonds, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt property and/or interests in the existing territory in the District and the territory proposed to be annexed to the District, will be levied annually within the District and such territory to be annexed to the district, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors may direct, 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 and the interests therein within the District, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate the probable maximum amount such owner will have to pay, are described in Exhibit A attached to Resolution No. FA 96-04 of the Authority entitled "A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Formation of Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Are Public Improvements), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submittin- Levy of the Special Tax and Establishment of the Appropriations Limit to the Qualified Electors of the District, "adopted on April 23, 1996, which Exhibit is by this reference incorporated herein. 6. Tuesday, July 9, 1996, at 7:00 p.m., in the re-ular meeting place of this Board of Directors in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where is Board of Directors, as legislative body for the District will conduct a public hearing on the annexation of territory to the District and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the District and the levy of said special tax therein. 7. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form attached hereto as Exhibit A. PASSED, APPROVED, AND ADOPTED, by the Board of Directors of the Old Town/Westside Comn, -,-iity Facilities District Financing Authority at a regular meeting held on the 28th day of May, 1996. Patricia H. Birdsall, Chairperson A=T: June S. Greek, CMC, City Clerk/ Secretary STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. FA96-_ was duly adopted at a regular meeting of the board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 28th day of May, 1996, by the following roll call vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT:BOARD MEMBERS: June S. Greek, CMC, City Clerk, Authority Secretary R@ FA 108 EXHMIT A NOTICE OF HEARING Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) Annexation No. 1 Notice is hereby given by the Board of Directors (the 'Board') of the Old Town/Westside Community Facilities District Financing Authority (the 'Authority') with respect to its Old/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) (the 'District') that on May 28, 1996, the Board, as the legislative body for the District, adopted a resolution entitled "A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention to Annex Territory to Community Facilities District No. 1 and to Authorize the Levy of Special Taxes Therein' (the "Resolution of Intention"). Reference, is hereby made to the Resolution of Intention, on file with the Secretary of the Authority, for further particulars. The following is a summary of the provisions of the Resolution of Intention. Pursuant to the Resolution of Intention, the Board determined that the public convenience and necessity require that certain territory, as more particularly described in the Resolution of Intention, be annexed to the existing District, all as provided in the Mello-Roos Community Facilities Act of 1982, as amended (the 'ACT'). The Resolution of Intention provided that the special taxes heretofore authorized to be levied in the District for financing the public facilities provided through the District shall be levied in the territory proposed to be annexed, subject to public hearing and landowner election proceedings as specified in the Act. Notice is further given that Tuesday, July 9, 1996, at the hour of 7: 00 o'clock p.m., in the regular meeting place of the Board, in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, are the time and place when and where the Board, as the legislative body for the District, will conduct a public hearing on the annexation to the District of the territory described in the Resolution of Intention and finally consider and determine whether the public convenience and necessity require the annexation of said territory to the District and the levy of special taxes therein. Notice is further given that at the hearing, the testimony of all interested persons for and against the annexation of said territory to the District or the levying of special taxes within the territory proposed to be annexed to the District will be heard. Date as of June 1996. By: June S. Greek, City Clerk, CMC, Secretary Resos FA 108 RESOLUTION NO. FA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE CO TY FACILITIES DISTRICT FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 1, APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMIENTT AND OTHER RELATED DOCUMENTS AND ACTIONS WHEREAS, this Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the "Authority") has conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to form the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the "District"), to authorize the levy of special taxes upon the land within the District, and to issue bonds secured by said special taxes the proceeds of which are to be used to finance certain facilities (the "Facilities"), all as described in the Resolutions entitled, "A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Formation of Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements), 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' and 'A Resolution of the Board of Directors of the Old Town/Westside C@!;7,munity Facilities District Financing Authority Determining the Necessity to Incur Bonded Indebtedness Within the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) and Submitting Proposition to the Qualified Electors of the District," each as adopted by the Board of Directors of the Authority on April 23, 1996; and WHEREAS, pursuant to said resolutions, an election was held within the District on April 23, 1996 and the qualified electors approved the propositions of the incurrence of the bonded debt and the levy of the special tax by more than two-thirds of the votes cast at said special election, and on July 9, 1996 an election was held with respect to territory annexed to the District and the annexation was approved by the qualified electors in that election by more than two-thirds of the votes cast at that special election; and AS, there have been subn-dtted to this Board of Directors a fiscal agent agreement (the "Fiscal Agent Agreement") providing for the issuance of bonds of the Authority for the District and the use of the proceeds of those bonds to finance the Facilities and this Board of Directors, with the aid of its staff, has reviewed said document and found it to be in proper order; and R:IRESOS.falOO2 05121196 AS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of said bonds and the levy of said special taxes as contemplated by this Resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Act; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1.Issuance of Bonds. Pursuant to the Act, this Resolution and the Fiscal Agent Agreement, special tax bonds of the Authority for the District designated as "Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements ) 1996 Special Tax Bonds" (the "Bonds") in an aggregate principal amount not to exceed $27,500,000 are hereby authorized to be issued. The Bonds shall be executed in the form set forth in and otherwise as provided in the Fiscal Agent Agreement. The Bonds are not general obligations of the Authority, but are limited obligations of the Authority for the District, payable solely from the sources provided therefore in the Fiscal Agent Agreement. The Board of Directors recognizes that the issuance of the Bonds will not be in accordance with certain provisions of its @ Goals and Policies for Community Facilities Districts adopted on September 12, 1995, including Section V thereof. However, this Board of Directors hereby finds and determines that the issuance of the Bonds should proceed for the following public policy reasons: (a) the District and the Bonds will provide financing for public infrastructure needed for development in the Old Town and Westside areas of the City of Temecula, including the construction of the first phase of the Western Bypass, and sewer, drainage, street and other improvements in these areas, (b) the District and the Bonds will provide financing for infrastructure necessary for development of cultural facilities and other economic development in the City of Temecula, and (c) said construction and development will allow for expansion of job opportunities and sales tax revenues in the City of Temecula as a consequence of the development of the Old Town and Westside areas of the City of Temecula made possible by the construction of the public capital improvements to be financed by the District. 2. Approval of Fiscal Agent Agreement. The Fiscal Agent Agreement, in the form on file with the Secretary, is hereby approved. The Executive Director of the Authority is hereby authorized to execute and deliver the Fiscal Agent Agreement in said form, together with such additions thereto or changes therein as are approved by the Executive Director upon consultation with Bond Counsel and general counsel to the Authority including such additions or changes as are necessary or advisable in accordance with Section 5 hereof, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Fiscal Agent Agreement by the Authority. The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms of the Bonds shall be as provided in the Fiscal Agent Agreement as finally executed. R:IRESOS.falOO2 05121196 3. Foreclosure Actions. The Authority hereby covenants, for the benefit of the Bondowners, to commence and diligently pursue to completion any foreclosure action regarding delinquent installments of any amount levied @ a special tax for the payment of interest or principal of the Bonds, said foreclosure action to De commenced and pursued as more completely set forth in the Fiscal Agent Agreement. 4. Further Authorization. All actions heretofore taken by the officers and agents of the . -;thority with respect to the establishment of the District and the sale and issuance of the Bont-@ are hereby approved, confirmed and ratified, and the proper officers of the Authority are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents whic, they, or ar.-,, of them, may deem necessaryoradvisableinordertoconsummatethelawfulissuanceandde @eryoflhebondsin ,, -cordance with this Resolution, and any certificate, agreement, and other document described in the documents herein approved. 5. Effective Upon Adoption. This Resolution shall take effect from and after its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority at a recular meetino, held on the 28th day of May, 1996. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC Secretary, City Clerk R:IRESOS.falOO2 05121196 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. FA 96-- was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 28th day of May, by the following roll call vote: AYES: BOARD MEMBERS: NAYS: BOARD MEMBERS; ABSENT: BOARD MEMBERS: ABSTAIN-ED: BOARD MEMBERS: June S. Greek, CMC Authority Secretary/City Clerk R.-IRESOS-falOO2 05121196 30043-01 JHHW:PJT:cra 08/28/95 j i 877 04 / 03/96 O-;/ 19/96 FISCAL AGENT AGREEMENT by and between OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY and FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION as Fiscal Agent Dated as of August 1, 1996 Relating to: Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) 1996 Special Tax Bonds TABLE OF CONTENTS ARTICLE I STATUTORY AUTHORITY AND DEFINITIONS Section 1.01. Authoritv for this Agreement 2 Section 1.02. Agreement for Benefit of Bondowners 2 Section 1.03. Definitions ARTICLE 11 THEBONDS Section 2.01. Principal Amount 9 Section 2.02. Terms of Bonds 9 Section 2.03. Redemption 10 Section 2.04. Form of Bonds 12 Section 2.05. Execution of Bonds 12 Section 2.06. Transfer of Bonds 12 Section 2.07. Exchange of Bonds 12 Section 2.08. Bond Register 13 Section 2.09. Temporarv Bonds 13 Section 2.10. Bonds M@filated, Lost, Destroved or Stolen 13 Section 2.11. Limited Obligation 13 Section 2.12. No Acceleration 14 ARTICLE III ISSUANCE OF BONDS Section 3.01. Issuance and Delivery of Bonds 15 Section 3.02. Application of Proceeds of Sale of Bonds 15 Section 3.03. Improvement Fund 15 Section 3.04. Special Tax Fund 16 Section 3.05. Administrative Expense Fund 17 Section 3.06. Costs of Issuance Fund 17 Section 3.07. Validity of Bonds 18 ARTICLE fV SPECIAL TAX REVENUES; BOND FUND AND RESERVE FUND Section 4.01. Pledge of Special Tax Revenues 19 Section 4.02. Bond Fund 19 Section 4.03. Reserve Fund 21 ARTICLE V OTHER COVENANTS OF THE AUTHORITY Section 5.01. Punctual Payment 23 Section 5.02. Limited Obligation 23 Section 5.03. Extension of Time for Pavment 23 Section 5.04. Against Encumbrances 23 Section 5.05. Books and Records 23 Section 5.06. Protection of Security and Rights of Owners 23 Section 5.07. Compliance with Law, Completion of Project 23 Section 5.08. Private Activity Bond Limitation 23 Section 5.09. Federal Guarantee Prohibition 24 Section 5.10. Collection of Special Tax Revenues 24 Section 5.1 1. Further Assurances 25 Section 5.12. No Arbitrage 25 Section 5.13. Maintenance of Tax-Exemption 25 Secfior 7.14. Covenant to Fore@-,",)se 25 , :7 Secfioi-, -.15. No Additional Bonds - Section 5.16. Public Access to Project 2-@ Section 5.17. Continuing Disclosure 25 ARTICLE VI INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS; LIABILITY OF THE CITY Section 6.01. Deposit and Investment of Moneys in Funds 2 /' Section 6.02. Rebate of Excess Investment Earnings to the United States 28 Secfi on 6.03. Limited Obligation 28 Section 6.04. Liability of Authority 28 Section 6.05. Employment of Agents by Authority 29 ARTICLE VII THE FISCAL AGENT Section 7.01. Appointment of Fiscal Agent 30 Section 7.02. Liability of Fiscal Agent 30 Section 7.03. Information 31 Section 7.04. Notice to Fiscal Agent 31 Section 7.05. Compensation, Indemnification 32 ARTICLE VIII MODIFICATION OR AMENDMENT Or THIS AGREEMENT Section 8.01. Amendments Permitted 33 Section 8.02. Owners' Meetings 33 Section 8.03. Procedure for Amendment with Written Consent of Owners 33 Section 8.04. Disqualified Bonds 34 Section 8.05. Effect of Supplemental Agreement 34 Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments 34 Section 8.07. Amendatory Endorsement of Bonds 35 ARTICLE IX MISCELLANEOUS Section 9.01. Benefits of Agreement Limited to Parties 36 Section 9.02. Successor is Deemed Included in Al] References to Predecessor 36 Section 9.03. Discharge of Agreement 36 Section 9.04. Execution of Documents and Proof of Ownership by Owners 37 Section 9.05. Waiver of Personal Liabi'iitv 37 Section 9.06. Notices to and Demands on ;kuthoritv and Fiscal Agent 37 Section 9.07. Partial Invalidity 38 Section 9.08. Unclaimed Moneys 38 Section 9.09. Applicable Law 38 Section 9.10. Conflict with Act 38 Section 9.11. Conclusive Evidence of Regularity 38 Section 9.12. Payment on Business Day 38 Section 9.13. Counterparts 38 EXHIBIT A - FORM OF BOND FISCAL AGENT AGREEMENT THIS FISCAL AGENT AGREEMENT (the "Agreement") is made and entered into as of August 1, 1996, by and between the Old Town/Westside Community Facilities District Financing Authority, a joint exercise of powers entity duly organized and existin- under the laws of the State of California (the "Authority") for and on behalf of the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) (the "District"), and First Trust of California, National Association, a national banking association, duly organized and existing under the laws of the United States of America with a corporate trust office located in Los Angeles, California, as fiscal agent (the "Fiscal Agent"). WITNESSETH: WHEREAS, the Board of Directors of the Authority has formed the District under the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Section 53311 et seq. of the California Government Code) (the "Act") and Resolution No. 96-02 of the Board of Directors of the Authority adopted on April 23, 1996; WHEREAS, the Board of Directors of the Authorit , as the legislative body with respect to the District, is authorized under the Act to levy special taxes to pay for the costs of facilities to be financed by the District and to authorize the issuance of bonds secured by said special taxes under the Act; WHEREAS, under the provisions of the Act, on May 28, 1996, the Board of Directors of the Authority adopted its Resolution No. (the "Resolution"), which resolution, among other matters, authorized the issuance of the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) 1996 Special Tax Bonds (the "Bonds") in the aggregate principal amount of not to exceed $27,500,000 upon the security of the unpaid special taxes and provided that said issuance would be in accordance with the Act and this Agreement, and authorized the execution hereof, WHEREAS, it is in the public interest and for the benefit of the Authority, the District, the persons responsible for the payment of special taxes and the owners of the Bonds that the Authority enter into this Agreement to provide for the issuance of the Bonds, the disbursement of proceeds of the Bonds, the disposition of the special taxes securing the Bonds and the administration and payment of the Bonds; and WHEREAS, the Authority has determined that all things necessary to cause the Bonds, when authenticated by the Authority for the District and issued as in the Act, the Resolution and this Agreement provided, to be legal, valid and binding and special obligations of the Authority for the District in accordance with their terms, and all things necessary to cause the creation, authorization, execution and delivery of this Agreement and the creation, authorization, execution and issuance of the Bonds, subject to the terms hereof, have in all respects been duly authorized. NOW, THEREFORE, in consideration of the covenants and provisions herein set forth and for other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: ARTICLE I STATUTORY ALTRHORITY AND DEFINMONS Section 1.01. Authority for this Agreement. This Agreement is entered into pursuant to the provisions of the Act and the Resolution. Section 1.02. Agreement for Benefit of Bondowners. The provisions, covenants and agreements herein set forth to be performed by or on behalf of the Authority shall be for the equal benefit, protection and security of the Owners. All of the Bonds, without regard to the time or times of their issuance or maturity, shall be of equal rank without preference, prioritv or distinction of any of the Bonds over any other thereof, except as expressly provided in or permitted by this Agreement. The Fiscal Agent may become the owner of any of the Bonds in its own or any other capacity with the same rights it would have if it were not Fiscal Agent. Section 1.03. Definitions. Urdess the context otherwise requires, the terms defined in this Section 1.03 shall, for all purposes of this Agreement, of anv Supplemental Agreement, and of any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to "Articles", "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the words "herein", "hereof", "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Sections 53311 et seq. of the California Government Code. "Administrative Exi2enses" means any or all of the following: the fees and expenses of the Fiscal Agent (including any fees or expenses of its counsel), the expenses of the '@ uthority in carrying out its duties hereunder (including, but not limited to, the levying and cc,' -tion of the Special Taxes) including the fees and expenses of its counsel, an anocable share of the salaries of City or Authority staff directly related thereto and a proportionate amount of City and Authority general administrative overhead related thereto, and all other costs and expenses of the Authority, the City or the Fiscal Agent incurred in connection with the discharge o t eir respective duties hereunder and, in the case of the Authority or the City, in any way related to the administration of the District. " ' Administrative Expense Fund" means the fund by that name established by Section 3.05(A) hereof. "Agreement" means this Fiscal Agent Agreement, as it may be amended or supplemented from time to time by any Supplemental Agre.?ment adopted pursuant to the provisions hereof. "Annual Debt Service" means, for each Bond Year, the sum of (i) the interest due on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled, and (ii) the princi.,-@@' amount of the Outstanding Bonds due in such Bond Year. "Auditor" means the auditor/tax collector of the County of Riverside. ".Authority" means the Old Town/Westside Community Facilities District Financing Authority, and any successor thereto. 2 "Authorized Officer" means the Authority's Executive Director, the Authority's Treasurer, the Authority's Secretary, the Director of Public Works of the City or any other officer or employee authorized by the Board of Directors of the Authority or by an Authorized Officer to undertake the action referenced in this Agreement as required to be undertaken by an Authorized Officer. "Bond Counsel" means any attorney or firm of attorneys acceptable to the Authoritv and nationally recognized for expertise in rendering opinions as to the legality and tax-exempt status of securities issued by public entities. "Bond Fund" means the fund by that name established by Section 4.02(A) hereof "Bond Register" means the books for the registration and transfer of Bonds maintained by the Fiscal Agent under Section 2.08 hereof. "Bond Year" means the one-year period beginning on September lst in each year and ending on the day prior to September lst in the following year except that the first Bond Year shall begin on the Closing Date and end on August 31, 1996. "Bonds" means the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) 1996 Special Tax Bonds at any time Outstanding under this Agreement or any Supplemental Agreement. "Business Day" means any day other than (i) a Saturday or a Sunday or (ii) a day on which banking institutions in the state in which the Fiscal Agent has its corporate trust office are authorized or obligated by law or executive order to be closed. "Capitalized Interest Account" means the account by that name established by Section 4.02(A) hereof. "C " means the City of Temecula, California. @t "Closing Date" means the date upon which there is a physical delivery of the Bonds in exchange for the amount representing the purchase price of the Bonds by the Original Purchaser. "Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. "Continuing Disclosure Agreement" means that certain Continuing Disclosure Agreement by and between the Authority and the Fiscal Agent, as Fiscal Agent and Dissemination Agent, dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Cost of Issuance" means items of expense payable or reimbursable directly or indirectly by the Authority and related to the authorization, sale and issuance of the Bonds, which items of expense shall include, but not be limited to, printing costs, costs of reproducing and binding documents, closing costs, filing and recording fees, initial fees and charges of the Fiscal Agent including its first annual administration fee, fees and expenses of Fiscal Agent's counsel, expenses incurred by the Authority or the City in connection with the issuance of the Bonds and the establishment of the District, special tax consultant fees and expenses, preliminary 3 engineering fees and expenses, Bond (underwriter's) discount, legal fees and charges, including bond counsel, financial consultants' fees, charges for execution, transportation and safekeeping of the Bonds and other costs, charges and fees in connection with the foregoing. "Cost of Issuance Fund" means the fund by that name established by Section 3.06(A) hereof. "Debt Service" means the scheduled amount of interest and amortization of principal payable on the Bonds during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. "District" means the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements), formed pursuant to the Act and the Resolution of Formation. "Fair Market Value" means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm's length transaction (determined a- .3f the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of section 1273 of the Code) and, otherwise, the term "Fair Market Value" means the acquisition price in a bona fide arm's length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supplv contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a United States Treasury Security--State and Local Government Series that is acquired in accordance with applicable regulations of the L iited States Bureau of Public Debt, or (iv) the investment is the Local Agency Investment Fund of the State of California but only if at all times during which the investment is held its yield is reasonably expected to be equal to or greater than the yield on a reasonably comparable direct obligation of the United States. The Fiscal Agent shall have no duty in connection with the determination of Fair Market Value other than to follow the investment directions of the Authority in an Officer's Certificate. "Federal Securities" means any of the following which are non-callable and which at time of investment are legal investments under the laws of the State of California for funds hvid by the Fiscal Agent, as shall be certified by the Authority to the Fiscal Agent: (i) direct general obligations of the United States of America (including obligations issued or held in book entry form on the books of the United States Department of t'ne Treasury) and obligations, the payment of principal of and interest on which are directly or indirectly guaranteed by the United States of America, including, without limitation, such of the foregoing which are commonly referred to as "stripped" obligations and coupons; or (ii) any of the following obligations of the following agencies of the United States of America: (a) direct obligations of the Export-Import Bank, (b) certificates of beneficial ownership issued by the Farmers Home Administration, (c) participation certificates issued by the General Services Administration, (d) mortgage-backed bonds or pass-through obligations issued and guarant- @-d by the Government National Mortgage Association, (e) project notes issued b@ -Lhe United States Department of Housing and Urban Development, and (f) public housing notes and bonds guaranteed by the United States of America. 4 "Fiscal Agent" means the Fiscal Agent appointed by the Authority and acting as an independent fiscal agent with the duties and powers herein provided, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in Section 7.01. "Fiscal Year" means the twelve-month period extending from July 1 in a calendar year to June 30 of the succeeding year, both dates inclusive. "Improvement Fund" means the fund by that name created by and held by the Fiscal Agent pursuant to Section 3.03(A) hereof. "Independent Financial Consultant" means any consultant or firm of such consultants appointed by the Authority or the Treasurer, and who, or each of whom: (i) is judged by the Treasurer to have experience in matters relating to the issuance and/or administration of bonds under the Act; (ii) is in fact independent and not under the domination of the Authoritv; (iii) does not have any substantial interest, direct or indirect, with or in the Authority, or any owner of real property in the District, or any real property in the District; and (iv) is not connected with the Authority as an officer or employee of the Authority, but who may be regularly retained to make reports to the Authority. "Information Services" means Financial Information, Inc.'s "Daily Called Bond Service", 30 Montgomery Street, 10th Floor, Jersey City, New Jersey 07302, Attention: Editor; Kenny Information Services' "Called Bond Service", 65 Broadway, 16th Floor, New York, New York 10006; Moody's Investors Service "Municipal and Government", 99 Church Street, New York, New York 10007, Attention: Municipal News Reports; Standard & Poor's Corporation "Called Bond Record", 25 Broadway, 3rd Floor, New York, New York 10004; and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such services providing information with respect to called bonds as the Authority may designate in an Officer's Certificate delivered to the Fiscal Agent. "Interest Payment Dates" means March I and September 1 of each year, commencing September 1, 1996. "Officer's Certificate" means a written certificate of the Authority signed by an Authorized Officer of the Authority. "Ordinance" means any ordinance of the Authority levying the Special Taxes. "Original Purchaser" means the first purchaser of the Bonds from the Authority. "Outstanding", when used as of any particular time with reference to Bonds, means (subject to the provisions of Section 8.04) all Bonds except: (i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the Fiscal Agent for cancellation; (ii) Bonds paid or deemed to have been paid within the meaning of Section 9.03; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the Authority pursuant to this Agreement or any Supplemental Agreement. "Owner" or "Bondowner" means any person who shall be the registered owner of any Outstanding Bond. "Participating Underwriter" shall have the meaning ascribed thereto in the Continuing Disclosure Agreement. 5 "Permitted Investments" means the following, but only to the extent that the same are acquired at Fair Market Value: (i)Federal Securities; (ii)obligations of states or of any political subdivisions thereof, provided that the paymentof principal thereof and interest thereon is fully secured by obligations described in(i) above; (iii)any of the following obligations of federal agencies not guaranteed bv the United States of America: (a) debentures issued by the Federal Housing Administration; (b) participation certificates or senior debt obligations of the Federal Home Loan Mortgage Corporation or Farm Credit Banks (consisting of Federal Land Banks, Federal Intermediate Credit Banks, or Banks for Cooperatives); (c) bonds or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act, bonds of any federal home loan bank established under said act and stocks, bonds, debentures, participations or other obligations of or issued by the Federal National Mortgage Association, the Student Loan Marketing Association, the Government National Mortgage Association and the Federal Home Loan Mortgage Corporation; and bonds, notes or other obligations issued or assumed by the International Bank for Reconstruction and Development, with a member bank or banks of the Federal Reserve System; (iv) interest-bearing demand or time deposits (including certificates of deposit) in federal or State chartered savings and loan associations or in federal or State banks (including the Fiscal Agent or its affiliates), provided that: (a) in the case of a savings and loan association, such demand or time deposits shall be fully insured by the Federal Deposit Insurance Corporation, or the unsecured obligations of such savings and loan association shall be rated in a Rating Category (as defined in the Fiscal Agent Agreement), and (b) in the case of a bank, such demand or time deposits shall be fullv insured by the Federal Deposit Insurance Corporation, or the unsecured obligations of such bank (or the unsecured obligations of the parent bank holding company of which such bank is the lead bank) shall be rated in a Rating Category; (v) written repurchase agreements with any bank, savings institution or trust company (other than the Fiscal Agent) which is insured by the Federal Deposit Insurance Corporation, or with any broker-dealer with retail customers which falls under Securities Investors Protection Corporation protection, provided that such repurchase agreements are fully secured by Federal Securities or obligations of any agency of instrumentality of the United States of America and provided further that (a) such collateral is held by the Fiscal Agent or any agent acting solely for the Fiscal Agent during the term of such repurchase agreement, (b) such collateral is not subject to liens or claims of third parties, (c) such collateral has a market value (determined at least once every 14 days) at least equal to the amount invested in the repurchase agreement, (d) the Fiscal Agent has a perfected first security interest in the collateral, (e) the agreement shall be for a term not longer than 270 days and (f) the failure to maintain such collateral at the level required in (c) above will require tne Fiscal Agent to liquidate the collateral; (vi) taxable money market fund portfolios restricted to obligations with average maturities of one year or less issued or guaranteed as to payment of principal and interest by the full faith and credit of the United States of America and repurchase agreements collateralized by such obligations (such funds may include funds for which the Fiscal Agent, its affiliates or subsidiaries provide investment advisory or other management services); 6 (vii) commercial paper having original maturities of not more than 365 days and rated in a Rating Category; (viii) bankers acceptances rated in a Rating Category, endorsed and guaranteed by banks described in clause (v) of this definition; (ix) obligations the interest on which is excluded from gross income for purposes of federal income taxation under Section 103 of the Code and which are rated in a Rating Category; (x) the Local Agency Investment Fund of the State of California ("LAIF"), created pursuant to section 16429.1 of the California Government Code, to the extent the Fiscal Agent is authorized to register such investment in its name, provided that the Fiscal Agent may restrict investments in the LAIF ff required to keep monies available for the purposes of this Agreement; and (xi) guaranteed investment contracts, the provider of which (or a guarantor of its obligations thereunder) is rated "A" or better by Standard & Poor's Ratings Group or Moody's Investors Service, or whose obligations are fully secured by collateral consistin- of Federal Securities held by the Fiscal Agent or a third party collateral agent; provided that the Fiscal Agent shall be required to withdraw all funds under any such contracts upon a downgrade of the rating of the provider (or guarantor) below "A", unless full collateral is provided and the collateral is the subject of an unqualified legal opinion to the effect that the Fiscal Agent has a first perfected security interest in such collateral (even in the event of a bankruptcy). ",Principal Office" means the corporate trust office of the Fiscal Agent at 550 South Hope Street, 5th Floor, Los Angeles, California 90071, Attention: Corporate Trust Division; provided, however, for the purpose of maintenance of the Registration Books and surrender of Bonds for payment, transfer or exchange such term means the office at which the Fiscal Agent conducts its corporate agency business, or such other or additional offices as may be designated by the Fiscal Agent. "Proceeds" when used with reference to the Bonds, means the face amount of the Bonds, plus accrued interest and premium, if any, less original issue discount and less proceeds from the sale of the Bonds deposited in the Reserve Fund. "P@ect" means the facilities more particularly described in Exhibit A to the Resolution of Intention. "Rate and Method of Apportionment" means the Rate and Method of Apportionment of the Special Taxes for the District as set forth in Exhibit A to the Resolution of Formation, as it may be amended from time to time. "Rating Cate@" means one of the two highest rating categories then in effect under the rating systems of Moody's Investors Service or Standard and Poor's Ratings Group, a division of McGraw-Hill, without regard to plus or minus sign or numerical or other qualifying designation. "Record Date" means the fifteenth day of the month next preceding the month of the applicable Interest Payment Date. 7 "Registration Books" means the records maintained by the Fiscal Agent pursuant to t,ection 2.08 for the registration and transfer of ownership of the Bonds. "Rezulations" means temporary and permanent regulations promulgated under the Code. "Reserve Fund" means the fund by that name established pursuant to Section 4.03(A) hereof. "Reserve,.Requirement" means, as of any date of calculation, an amount equal to the lessor of (i) maximum annual debt service, (ii) one hundred twenty-five percent (125'7c,) of ..;"."erage Annual Debt Service, or (iii) ten percent (10%) of the initial principal amount of the Bonds issued hereunder. The Reserve Requirement as of the Closing Date is $ "Resolution" means Resolution No. . authorizing the issuance of the BorLl-,, adopted by the Board c r- @irectors of the Authority of the Authority on May 28, 1996. "Resolution of Formation" means Resol- Dn No. 96-02, adopted by the Board of Directors of the Authority on April 23, 1996. "Resolution of Intention" means Resolution No. 95-02, adopted by the Board of Directors of the Authority on September 12,1995. "Securities Depc ' means The Depository Trust Company, 711 Stewart Avenue, Garden City, New YoiK 11530, Fax-(516) 227-4171 or 4190; Midwest Securities Trust Company, Capital Structures-Call Notification, 440 South LaSalle Street, Chicago, Illinois 60605, Fax-(312) 663-2343; Philadelphia Depository Trust Company, Reorganization Division, 1900 Market Street, Pi-' @@idelphia, Pennsylvania 19103, Attention: Bond Department, Fax-(215) 496-5058; and, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other securities depositories as the Authority may designate in an Officer's Certificate delivered to the Fiscal Agent. "Special Tax Fund" means the fund bv that name established by Section 3.04(A) hereof. "S,Decial Tax PreT)avments Account" means 'he account by that name within the Bond Fund established by Section 4.02 A) hereof. "ST)ecial Tax Revenues" means the proceeds of the Special Taxes received by the Authori y, including any scheduled payments and any prepayments thereof, interest and penalties thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes to the amount of said lien, but shall not include interest and penalties on foreclosure of the lien of Special Taxes in excess of the rate of interest payable on the Bonds. "Sr)ecial 7axes" means the special taxes levied within the District pursuant to the Act, the Ordinance and this Agreement. "Supplemental Agreement" means an agreement the execution of which is authorized by a resolution which has been duly adopted by the Authority under the Act and which agreement is amendatory of or supplemental to this Agreement, but only if and to the extent that such agreement is specifically authorized hereunder. "Treasurer" means the Finance Director of the City, acting as Treasurer of the Authority. 8 ARTICLE 11 THE BONDS Section 2.01. Principal Amount, Designation. Bonds in the aggregate principal amount of Million Thousand Dollars ($ -) are hereby authorized to be issued by the Authority for the District under and subject to the terms of the Resolution and this Agreement, the Act and other applicable laws of the State of California. The Bonds shall be designated the "Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) 1996 Special Tax Bonds". Section 2.02. Terms of Bonds. The Bonds shall be issued in fully registered form without coupons in denominations of $100,000 or any integral multiple of $5,000 in excess thereof, except that one Bond of each maturity may be in a denomination less than $100,000, if necessary, in connection with a partial redemption of the Bonds pursuant to Section 2.03 hereof. Notwithstanding the foregoing, Bonds may be exchanged in denominations of $5,000 or any integral multiple thereof following the delivery of written notice by the Treasurer to the Fiscal Agent stating that the Bonds have received an investment grade rating from any nationally recognized rating agency. The Bonds shall be dated 1, 1996, shall be in the original principal amount of $ shall mature on September 1, . and shall bear interest (calculated on the basis of a 360-day year of twelve 30-day months) at the rate of % per annum. Interest on the Bonds shall be payable on each Interest Payment Date to the person whose name appears on the registration books maintained by the Fiscal Agent as the Owner thereof as of the Record Date immediately preceding each such Interest Payment Date, such interest to be paid by check of the Fiscal Agent mailed by first class mail, postage prepaid, on each Interest Payment Date to the Owner at the address of such Owner as it appears on the registration books maintained by the Fiscal Agent as of the preceding Record Date; provided, however, that at the written request of the Owner of at least $1,000,000 in aggregate principal amount of Outstanding Bonds filed with the Fiscal Agent prior to any Record Date, interest on such Bonds shall be paid to such Owner on each succeeding Interest Payment Date by wire transfer of immediately available funds to an account in the United States designated in such written request (any such written request shall remain in effect until rescinded in writing by such Owner). Principal of and premium (if any) on any Bond shall be paid by check upon presentation and surrender thereof, at maturity or the prior redemption thereof, at the Principal Office of the Fiscal Agent. The principal of and interest and premium (if any) on the Bonds shall be payable in lawful money of the United States of America. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof, unless (a) it is authenticated after a Record Date and on or before the following Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; or(b) it is authenticated on or before August 15, 1996, in which event it shall bear interest from 1, 1996; provided, however, that if, as of the date of authentication of any Bond, interest thereon is in default, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. "CUSIP" identification numbers shall be imprinted on the Bonds, but such numbers shall not constitute a part of the contract evidenced by the Bonds, and any error or omission with respect thereto shall not constitute cause for refusal of any purchaser to accept delivery of and 9 pav for the Bonds. In addition, failure on the part of the Authority or the Fiscal Agent to use such CUSIP numbers in any notice to Owners shall not constitute any violation of the Authority's contract with such Owners and shall not impair the effectiveness of any such notice. All Bonds paid by the Fiscal Agent pursuant to this Article shall be canceled bv the Fiscal Agent. The Fiscal Agent shall destroy the canceled Bonds and, upon written request of the Authority, issue a certificate of destruction thereof to the Authority. Section 2.03. Redemption. (A) Redemption Dates. (i) The Bonds are subject to redemption prior to their stated maturities on any Interest Payment Date on or after September 1, . as a whole or in part, upon payment from any source of funds available for that purpose, including, but not limited to, prepayments of Special Taxes (and transfers from the Reserve Fund to the Bond Fund under Section 4.03(F) in connection therewith), at a redemption price (expressed as a percentage of the principal amount of Bonds to be redeemed) as set forth below, together with accrued interest thereon to the date fixed for redemption: Redeml2tion Dates Redemi2tion Prices September 1, or March 1, _ 102.0% September 1, or March 1, _ 101.0 September 1, and any Interest 100.0 Payment Date thereafter (ii) The Bonds are subject to mandatory sinking payment redemption in part on September 1, _, and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Redemption Date (Sel2tember 1) Sinking Payment [to come] The amounts in the foregoing table shall be reduct-.". in such manner as necessary, in order to maintain as much as practicable substantially level debt service, as a result of any prior partial redemption of the Bonds pursuant to Section 2.03(A)(i) above or Section 2.03(A)(iii) below. In such event and upon written request of the Fiscal Agent, the Authority shall furnish the Fiscal Agent with a revised sinking payment schedule. (iii) The Bonds are subject to mandatory redemption in part, on any Interest Payment Date, from amounts transferred from the Improvement Fund to the Bond Fund pursuant to Section 3.03(D)(i) at a redemption price equal to the principal amount 10 thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium. (B) Notice to Fiscal Agent. The Authority shall give the Fiscal Agent written notice of its intention to redeem Bonds pursuant to subsection (A)(i) above not less than sixty (60) davs prior to the applicable redemption date. (C) Priority of Redemption. Whenever provision is made in this Agreement for the redemption of less than all of the Bonds, the Fiscal Agent shall select the Bonds to be redeemed from among the Bonds, in any manner which the Fiscal Agent in its sole discretion shall deem appropriate and fair. For purposes of such selection, all Bonds shall be deemed to be comprised of separate $5,000 portions and such portions shall be treated as separate Bonds which may be separately redeemed. (D) Purchase of Bonds in lieu of Redemption. In lieu of redemption under Section 2.03(A) above, moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding Bonds, upon the filing with the Fiscal Agent of an Officer's Certificate requesting such purchase prior to the selection of Bonds for redemption, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer's Certificate may provide, but in no event may Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase. (E) Redemption Procedure by Fiscal Aggnt. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least thirty (30) da)7s but not more than sixty (60) days prior to the date fixed for redemption, to the Securities Depositories and to one or more Information Services, and to the respective registered Owners of any Bonds designated for redemption, at their addresses appearing on the Bond registration books in the Principal Office of the Fiscal Agent; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such Bonds. Such notice shall state the redemption date and the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption, shall designate the CUSIP numbers and Bond numbers of the Bonds to be redeemed bv giving the individual CUSIP number and Bond number of each Bond to be redeemed or sh@ll state that all Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that au of the Bonds of one or more maturities have been called for redemption, shall state as to any Bond called in part the principal amount thereof to be redeemed, and shall require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such Bonds will not accrue from and after the redemption date. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, of the Bonds being redeemed with the proceeds of such check or other transfer. Upon surrender of Bonds redeemed in part only, the Authority shall execute and the Fiscal Agent shall authenticate and deliver to the registered Owner, at the expense of the Authority, a new Bond or Bonds, of the same series and maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. (F) Effect of Redeml2tion. From and after the date fixed for redemption, if funds available for the payment of the principal of, and interest and any premium on, the Bonds so 11 called for redemption shall have been deposited in the Bond Fund, such Bonds so called shall cease to be entitled to any benefit under this Agreement other than the right to receive payment of the redemption price, and no interest shall accrue thereon on or after the redemption date specified in such notice. Section 2.04. Form of Bonds. The Bonc, the form of Fiscal Agent's certificate of authentication and the form of assignment, to ap@ -ar thereon, shall be substantially in the forms, respectively, set forth in Exhibit A attaches hereto and by this reference incorporated herein, with necessary or appropriate variations --)missions and insertions, as permitted or required by this Agreement, the Resolution and the @ct. Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of the Authority by the facsimile signatures of its Chairman and Secretary who are in office on the date of adoption of this Agreement or at any time thereafter, and the seal of the Authority shall be impressed, imprinted or reproduced by facsimile signature thereon. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bonds to the owner, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Bonds to the owner. @y Bond may be signed and attested on behalf of the Authority by such persons as at the actual date of the execution of such Bond shall be the proper officers of the Authority although at the nonunal date of such Bond any such person shall not have been such officer of the Authority. Onlv such Bonds as shall bear thereon a certificate of authentication in substantially the form set forth in Exhibit A executed manually and dated by the Fiscal ACent, shall be valid or obligatory for any purpose or entitled to the benefits of this Agreement, and such certificate of authentication of the Fiscal Agent shall be conclusive evidence that the Bonds registered hereunder have been duly authenticated, registered and delivered hereunder and are entitled to the benefits of this Agreement. Section 2.06. Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of Section 2.08 by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a duly written instrument of transfer in a form approved by the Fiscal Agent. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such transfer shall be paid by the Authority. The Fiscal Agent shall collect from the Owner requesting such transfer any tax or other governmental charge required to be paid with respect to such transfer. Whenever any Bond or Bonds shall be surrendered for transfer, the Authority shall execute anct the Fiscal Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. No transfers of Bonds shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption or (ii) with respect to a Bond after such Bond has been selected for redemption. Section 2.07. Exchange of Bonds. Bonds may be exchanged at the Principal Office of the Fiscal Agent for a like aggregate principal amount of Bonds of authorized denominations and of the same maturity. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such exchange shall be paid by the Authority. The Fiscal Agent shall collect from the Owner requesting such exchange any tax or other governmental charge required to be paid with respect to such exchange. 12 No exchanges of Bonds shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption or (ii) with respect to a Bond after such Bond has been selected for redemption. Section 2.08. Bond Register. The Fiscal Agent will keep or cause to be kept, at its Principal Office sufficient books for the registration and transfer of the Bonds which books shall show the series number, date, amount, rate of interest and last known owner of each Bond and shall at all times be open to inspection by the Authority during regular business hours upon reasonable notice; and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or ti transferred, on said books, the ownership of the Bonds as hereinbefore provided. The Authority and the Fiscal Agent will treat the Owner of any Bond whose name appears on the Bond register as the absolute Owner of such Bond for any and all purposes, and the Authority and the Fiscal Agent shall not be affected by any notice to the contrarv. The Authority and the Fiscal Agent may rely on the address of the Bondowner as it appears in the Bond register for any and all purposes. Section 2.09. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such authorized denominations as may be determined by the Authority, and may contain such reference to any of the provisions of this Agreement as may be appropriate. Every temporary Bond shall be executed by the Authority upon the same conditions and in substantially the same manner as the definitive Bonds. If the Authority issues temporary Bonds it will execute and furnish definitive Bonds without delay and thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange for the definitive Bonds at the Principal Office of the Fiscal Agent or at such other location as the Fiscal Agent shall designate, and the Fiscal Agent shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary bonds shall be entitled to the same benefits under to this Agreement as definitive Bonds authenticated and delivered hereunder. Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated, the Authority, at the expense of the Owner of said Bond, shall execute, and the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so surrendered to the Fiscal Agent shall be canceled by it and destroyed by the Fiscal Agent. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Fiscal Agent and, if such evidence be satisfactory to it and indemnity for the Authority and the Fiscal Agent satisfactory to the Fiscal Agent shall be given, the Authority, at the expense of the Owner, shall execute, and the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in lieu of and in substitution for the Bond so lost, destroyed or stolen. The Authority may require payment of a sum not exceeding the actual cost of preparing each new Bond delivered under this Section and of the expenses which may be incurred by the Authority and the Fiscal Agent for the preparation, execution, authentication and delivery. Any Bond delivered under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the Authority whether or not the Bond so alleged to be lost, destroyed or stolen is at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Agreement with all other Bonds issued pursuant to this Agreement. Section 2.11. Limited Obligation. All obligations of the Authority under this Agreement and the Bonds shall be special obligations of the Authority, payable solely from the Special Tax 13 Revenues and the funds pledged therefore hereunder. Neither the faith and credit nor the taxing power of the Authority (except to the limited extent set forth herein) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Section 2.12. No Acceleration. The principal of the Bonds shall not be sub ' ject to acceleration hereunder. Nothing in this Section shall in any way prohibit the prepayment or redemption of Bonds under Section 2.03 hereof, or the defeasance of the Bonds and discharge of this Agreement under Section 9.03 hereof. 14 ARTICLE III ISSUANCE OF BONDS Section 3.01. Issuance and Delivery of Bonds. At any time after the execution of this Agreement, the Authority may issue the Bonds for the District in the aggregate principal amount set forth in Section 2.01 and deliver the Bonds to the Original Purchaser. The Authorized Officers of the Authority are hereby authorized and directed to deliver any and an documents and instruments necessary to cause the issuance of the Bonds in accordance with the provisions of the Act, the Resolution and this Agreement, to authorize the payment of Costs of Issuance and costs of the Project by the Fiscal Agent from the proceeds of the Bonds and to do and cause to be done any and all acts and things necessary or convenient for delivery of the Bonds to the Original Purchaser. Section 3.02. Application of Proceeds of Sale of Bonds. The proceeds of the purchase of the Bonds by the Original Purchaser shall be paid to the Fiscal Agent, who shall forthwith set aside, pay over and deposit such proceeds on the Closing Date as follows (for record keeping purposes, the Fiscal Agent may establish such accounts as may be necessary to reflect such (A) Deposit in the Bond Fund $ (being an amount equal to the accrued interest on the Bonds paid on the Closing Date by the Original Purchaser). (an amount equal to the initial Reserve transfer of proceeds): (B) Deposit in the Reserve Fund $ Requirement). (C)Deposit in the Costs of Issuance Fund an amount equal to $ (D)Deposit in the Improvement Fund an amount equal to $ (E)Deposit in the Capitalized Interest Account an amount equal to $ (F)Transfer to the Treasurer for deposit by the Treasurer in the Administrative Expense Fund an amount equal to $ Section 3.03. Improvement Fund. (A) Establishment of Improvement Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the Community Facilities District No. I (Old Town Area Public Improvements) 1996 Special Tax Bonds, Improvement Fund, to the credit of which deposits shall be made as required by clause (D) of Section 3.02, Section 3.03(C), Section 3.06(B), Section 4.02(C) and Section 4.03(C) or (G). Moneys in the Improvement Fund shall be held by the Fiscal Agent for the benefit of the Authority, shall be disbursed, except as otherwise provided in subsection (D) of this Section, for the payment or reimbursement of costs of the Project or Costs of Issuance. (B)Procedure for Disbursement. Disbursements from the Improvement Fund shall be made by theFiscal Agent upon receipt of an Officer's Certificate which shall: (i) set forth the amount required to be disbursed, the purpose for which the disbursement is to be made, that the disbursement is a proper expenditure from the 15 Improvement Fund and the person to which the disbursement is to be paid along with such person's address; and (ii) certify that no portion of the amount then being requested to be disbursed was set forth in any Officer's Certificate previously filed requesting disbursement. (C) Investment. Moneys in the Improvement Fund shall be invested in accordance with Section 6.01. Interest earnings and profits from the investment of amounts in the Improvement Fund shall be retained by the Fiscal A -,zent in the Improvement Fund, to be used for the purposes of such fund. (D) Closing of Fund. Upon the filing of an Officer's Certificate stating that all costs of the Project have been paid or are i'L.)t required to I-e paid from the Improvement Fund, or that construction of the Project effectively has been abandoned, the Fiscal Agent shall transfer the amount, if any, remaining in the Improvement Fund to the Bond Fund for application to (i) if the amount to be so transferred is equal to or in cess of $25,000, the redemption of the Bonds pursuant to Section 2.03(A)(iii) on the nexi Interest Pa@7ment Date for which notice of redemption can timely be given under Section 2.03(E), or (ii) if the amount to be so transferred is less than $25,000, the payment of scheduled debt service on the Bonds in accordance with Section 4.02. Following such transfer, the Improvement Fund shall be closed. Sectio.,@ 3.04. Special Tax Fund. (A) Establishment of S12ecial Tax Fund. There is hereb,., established as a separate fund to be held by the Treasurer, the Community - -41ities District 'o. 1 (Old Town Area Public Improvements) 1996 Special Tax Bonds, Specia., -,:ix Fund, to the credit of which the Authority shall deposit, immediately upon receipt, all Special Tax Revenues received by the Authority and any amounts required by Section 3.05 (B) to be deposited therein. Moneys in the Special Tax Fund shall be held in trust by the Authority for the benefit of the Authority and the Owners of the Bonds, shall be disbursed as provided below and, pending and disbursement, shall be subject to a hen in favor of the Owners of the Bonds. (B)Disbursements. (i) Proceeds of General Levies. From tim,- to time as needed to pay the obligations of the District, but no later than five (5) Business Days before each Interest Payment Date, the Treasurer shall withdraw from the Special Tax Fund and (except as provided in clause 3.04(B)(ii) below) transfer (a) to the Reserve Fund an amount, taking into account amounts then on dep;-sit in the Reserve Fund, such that the amount in the Reserve Fund equals the Reserve equirement, and (b) to the Bond Fund an amount, taking into account any amounts then on deposit in the Bond Fund and anv expected transfers from the Capitalized Interest Account, and the Reserve Fund to the @ond Fund pursuant to Sections 4.02(B)(ii), and 4.03(C)(ii) and (G), @uch that the amount in the Bond Fund equals the principal, premium, if any, and interest due on the Bonds on the next two Interest Payment Dates with respect to Special Tax Revenues received during the period from Septerrber I through the last day of February in any Fiscal Year, and on the next Interest Payment Date with respect to Special Tax Revenues received during the period from March 1 through August 31 in any year; provided that no such transfer shall exceed the amount then available to be transferred from the Special Tax Fund. All other amounts then in the Special Tax Fund shall, immediately following the foregoing transfers, be deposited by the Treasurer in the Administrative Expense Fund. (ii) Prepavments of Special Taxes. Notwithslanding the foregoing, as soon as possible after the receipt by the Authority of any --,)ecial Tax Revenues constituting 16 prepayments of Special Taxes, but no later than ten (10) Business Days after such receipt, the Treasurer shall withdraw such amounts from the Special Tax Fund and transfer such amounts to the Fiscal Agent for deposit by the Fiscal Agent to the Special Tax Prepayments Account of the Bond Fund for use in redeeming Bonds on the next date for which notice of redemption can timely be given under Section 2.03(A)(i) pursuant to Section 2.03(E). (C) Investment. Moneys in the Special Tax Fund shall be invested in accordance with Section 6.01. Interest earnings and profits resulting from such investment and deposit shall be retained in the Special Tax Fund to be used for the purposes thereof. Section 3.05. Administrative Expense Fund. (A) Establishment of Administrative Expense Fund. There is hereby established as a separate fund to be held by the Treasurer, the Community Facilities District No. I (Old Town Area Public Improvements) 1996 Special Tax Bonds, Administrative Expense Fund, to the credit of which deposits shall be made as required by Sections 3.02(F) and 3.04(B). Moneys in the Administrative Expense Fund shall be held in trust by the Treasurer for the benefit @f the Authority, and shall be disbursed as provided below. (B) Disbursement. Amounts in the Administrative Expense Fund shall be withdrawn by the Treasurer and paid to the Authority or its order upon receipt by the Treasurer of an Officer's Certificate stating the amount to be withdraw, that such amount is to be used to pay an Administrative Expense, and the nature of such Administrative Expense. Annually, on the last day of each Fiscal Year, commencing with the Fiscal Year ending June 30, 1997, the Treasurer shall withdraw any amounts then remaining in the Administrative Expense Fund that have not been allocated to pay Administrative Expenses incurred but not yet paid, and which are not otherwise encumbered and transfer such amounts to the Special Tax Fund. (C) Investment' Moneys in the Administrative Expense Fund shall be invested in accordance with Section 6.01. Interest earnings and profits resulting from said investment shall be retained by the Treasurer in the Administrative Expense Fund to be used for the purposes of such fund. Section 3.06. Costs of Issuance Fund. (A) Establishment of Costs of Issuance Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the Community Facilities District No. 1 (Old Town Area Public Improvements) 1996 Special Tax Bonds, Costs of Issuance Fund, to the credit of which a deposit shall be made as required by clause (C) of Section 3.02. Moneys in the Costs of Issuance Fund shall be held in trust by the Fiscal Agent and shall be disbursed as provided in subsection (B) of this Section for the payment or reimbursement of Costs of Issuance. (B) Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed from time to time to pay Costs of Issuance, as set forth in a requisition containing respective amounts to be paid to the designated payees, signed by the Treasurer and delivered to the Fiscal Agent concurrently with the delivery of the Bonds. The Fiscal Agent shall pay all Costs of Issuance upon receipt of an invoice from any such payee which requests payment in an amount which is less than or equal to the amount set forth with respect to such payee in such requisition, or upon receipt of an Officer's Certificate requesting payment of a Cost of Issuance not listed on the initial requisition delivered to the Fiscal Agent on the Closing Date. The Fiscal Agent shall maintain the Cost of Issuance Fund for a period of 180 days from the date of delivery of the 17 Bonds and then shall transfer any moneys remaining therein, including any investment earnings thereon, to the Improvement Fund. (C) Investment. Moneys in the Cost of Issuance Fund shall be invested in accordance with Section 6.01. Interest earnings and profits resulting from said investment shall be retained by the Fiscal Agent in the Cost of Issuance Fund to be used for the purposes of such fund. Section 3.07. Validitv of Bonds. The validity of the authorization and issuance of the Bonds sh,@il not be dependent upon the completion of the acquisition of the Project or upon the performance by any person of his obligation wi,.., respect to the Project. 18 ARTICLE IV SPECIAL TAX REVENUES; BOND FUND AND RESERVE FUND Section 4.01. Pledge of Special Tax Revenues. The Bonds shall be secured bv a first pledge (which pledge shall be effected in the manner and to the extent herein provided) of all of the Special Tax Revenues and all moneys deposited in the Bond Fund (including the Capitalized Interest Account and the Special Tax Prepayments Account therein), the Reserve Fund and, until disbursed as provided herein, in the Special Tax Fund. The Special Tax Revenues and all moneys deposited into said funds (except as otherwise provided herein) are hereby dedicated to the payment of the principal of, and interest and any premium on, the Bonds as provided herein and in the Act until all of the Bonds have been paid and retired or until moneys or Federal Securities have been set aside irrevocably for that purpose in accordance with Section 9.03. Amounts in the Administrative Expense Fund, the Costs of Issuance Fund and the Improvement Fund are not pledged to the repayment of the Bonds. The facilities financed with the proceeds of the Bonds are not in any way pledged to pay the debt service on the Bonds. Any proceeds of condemnation or destruction of any facilities financed with the proceeds of the Bonds are not pledged to pay the debt service on the Bonds and are free and clear of any hen or obligation imposed hereunder. Section 4.02. Bond Fund. (A) Establishment of Bond Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the Community Facilities District No. I (Old Town Area Public Improvements) 1996 Special Tax Bonds, Bond Fund to the credit of which deposits shall be made as required by clause (A) of Section 3.02, Section 3.03 (D), Section 3.04(B)(i), Section 4.03 and any other amounts required to be deposited therein by this Agreement or the Act, and within said fund a Special Tax Prepayments Account to the credit of which deposits shall be made as required by Section 3.04(B)(ii). There is also hereby established as a separate account to be held by the Fiscal Agent, the Capitalized Interest Account, to the credit of which deposits shall be made as required by clause (E) of Section 3.02. Moneys in the Bond Fund and the accounts therein shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a lien in favor of the Owners of the Bonds. (B)Disbursements. (i) Bond Fund Disbursements. On each Interest Payment Date, and following any transfers required pursuant to Section 4.02(B)(ii) and 4.02(B)(iii) below and Sections 3.03(D), 3.04(B)(i) and (ii), and 4.03(C), (E), (F) and (G) in connection with such Interest Payment Date, the Fiscal Agent shall withdraw from the Bond Fund and pay to the Owners of the Bonds the principal of, and interest and any premium, then due and payable on the Bonds, including any amounts due on the Bonds by reason of the sinking payments set forth in Sections 2.03(A)(ii) or a redemption of the Bonds required by Sections 2.03(A)(i) or (iii). Notwithstanding the foregoing, amounts in the Bond Fund as a result of a transfer pursuant to Section 3.03(D)(ii) shall be used to pay the principal of and interest on the Bonds prior to the use of any other amounts in the Bond Fund for such purpose. 19 In the event that amounts in the Bond Fund are insufficient for the purpose set forth in the preceding paragraph, the Fiscal Agent shall withdraw from the Reserve Fund to the extent of any funds therein amounts to cover the amount of such Bond Fund ii-@ @ -efficiency. Amounts so withdrawn from the Reserve Fund shall be deposited in the Bond Fund. If, after the foregoing transfers, the-e are insufficient funds in the Bond Fund to make the payments provided for in the first sentence of the first paragraph of this Section 4.02(B)(i), the Fiscal Agent sh,. apply the available funds first to the payment of interest on the Bonc'.@-, then to the p,,- -ment of principal due on the Bonds C)@',-Ier than by reason of sinking payments, and then to payment of principal due on the - inds bv reason of sinking payments. Any sinking payment not made as scheduled shall be added to the sinking payment to be made on the next sinking payment date. (ii) Cal2italized Interest Account Disbursements. On or before each Interest Payment Date, the Fiscal Agent shall withdraw from the Capitalized Interest Account and transfer to the Bond Fund, the following amounts: Date Amount August 31, 1996 $ February 28, 1997 $ August 31, 1997 $ February 28, 1998 All remaining amounts on deposit in the Capitalized Interest Account (iii) Special Tax Prepayments Account. Moneys in the Special Tax Prepayments Account shall be transferred by the Treasurer to the Bond Fund as provided in Section 3.04(B)(ii) hereof, to @e used for the redemption of Bonds on the next date for which notice of redemption . lbonds can timely be given under Section 2.03(A)(i), and notice to the Fiscal Agent can timely be given under Section 2.03(B), and shall be used to redeem Bonds on the redemption date selected in accordance with Section 2.03. (C) Investment. Mone,,s in the Bond Fund, the Capitalized Interest Account and the Special Tax Prepayments Acc -nt shall be invested in accordance with Section 6.01. Interest earnings and profits resultil,.7om investment of amounts in the Bond Fund and the Special Tax Prepayments Account s'...@ be retained in the Bond Fund and the Special Tax Prepayments - Account, respectively, to beused for the purposes of such fund and account, as applicable. Interest earnings and profitsresulting from investment of amounts in the Capitalized Interest Account shall be transferred on each Interest Paymen: .-)ate, or on any other date at the written request of the Treasurer, to the Improvement Fund. (D)State Reportft. If at any time the Fiscal Agent fails to pay principal and interest due on anyscheduled payment date for the Bonds, or if funds are withdrawn from the Reserve Fund to payprincipal and/or interest on the Bonds, the Fiscal Agent shall notify the Authority and the Treasurer in writing of such failure or withdrawal, and the Treasurer shall notify the California Debt Advisory Commission of such failure or withdrawal within 10 days of the failure to make such payment or the date of such withdrawal. 20 Section 4.03. Reserve Fund. (A) Establishment of Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the Community Facilities District No. I (Old Town Area Public Improvements) 1996 Special Tax Bonds, Reserve Fund to the credit of which a deposit shall be made as required by clause (B) of Section 3.02, which deposit is equal to the initial Reserve Requirement, and deposits shall be made as provided in Section 3.04(B). Moneys in the Reserve Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds as a reserve for the payment of principal of, and interest and any premium on, the Bonds and shall be subject to a lien in favor of the Owners of the Bonds. (B) Use of Reserve Fund. Except as otherwise provided in this Section, all amounts deposited in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solelv for the purpose of making transfers to the Bond Fund in the event of any deficiency at any time in the Bond Fund of the amount then required for payment of the principal of, and interest and any premium on, the Bonds or, in accordance with the provisions of this Section, for the purpose of redeeming Bonds from the Bond Fund. (C) Transfer of Excess of Reserve Requirement. Whenever, on or before any Interest Pavment Date, or on any other date at the request of the Treasurer, the amount in the Reserve Fund exceeds the Reserve Requirement, the Fiscal Agent shall provide written notice to the Treasurer of the amount of the excess and shall transfer an amount equal to the excess from the Reserve Fund to (i) so long as the Improvement Fund has not theretofore been closed pursuant to Section 3.03(D), to the Improvement Fund, or (ii) if the Improvement Fund has been closed, to the Bond Fund to be used for the pavment of interest on the Bonds on the next Interest Payment Date in accordance with Section 4.02. (D) Transfer for Rebate Puri2oses. Amounts in the Reserve Fund shall be withdrawn, at the written request of the Treasurer, for purposes of making payment to the federal government to comply with Section 6.02. (E) Transfer When Balance Exceeds Outstanding Bonds. Whenever the balance in the Reserve Fund exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, the Fiscal Agent shall transfer the amount in the Reserve Fund to the Bond Fund to be applied, on the next succeeding Interest Pavment Date to the payment and redemption, in accordance with Section 4.02 or 2.03, as applicable, of all of the Outstanding Bonds. In the event that the amount so transferred from the Reserve Fund to the Bond Fund exceeds the amount required to pay and redeem the Outstanding Bonds, the balance in the Reserve Fund shall be transferred to the Authority to be used for any lawful purpose of the Authority. Notwithstanding the foregoing, no amounts shall be transferred from the Reserve Fund pursuant to this Section 4.03(E) until after (i) the calculation, pursuant to Section 6.02, of any amounts due to the federal government following payment of the Bonds and withdrawal of any such amount under Section 4.03(D) for purposes of making such payment to the federal government, and (ii) payment of any fees and expenses due to the Fiscal Agent. (F) Transfer Upon S12ecial Tax Prepayment. Whenever Special Taxes are prepaid and Bonds are to be redeemed with the proceeds of such prepayment pursuant to Section 2.03(A)(i) and 4.02(B)(iii), a proportionate amount in the Reserve Fund (determined on the basis of the principal of Bonds to be redeemed and the then outstanding principal of the Bonds) shall be transferred on the Business Day prior to the redemption date by the Fiscal Agent to the Bond Fund to be applied to the redemption of the Bonds pursuant to Section 2.03(A)(i). 21 (G) Investment. Moneys in the Reserve Fund shall be invested in accordance with Section 6.01. On or before each Interest Payment Date, interest earnings and profits resulting fromsaid investment shall be transferred by the Fiscal Agent to (i) so long as the Improvement I Fundhas not theretofor- @een closed pursuant to Section 3.03(D), to the Improvement Fund, or (ii)if the Improvement -,,-and has been closed, the Bond Fund, to be used by the Fiscal Agent for the purposes of such fund, but any such transfer shall be made only to the extent that following such transfer the amount on deposit in the Reserve Fund equals the then Reserve Requirement. 22 ARTICLE V OTHER COVENANTS OF THE AUTHORM Section 5.01. Punctual Payment. The Authority will punctually pay or cause to be paid the principal of and interest and any premium on, the Bonds when and as due in strict conformity with the terms of this Agreement and any Supplemental Agreement, and it will faithfully observe and perform all of the conditions, covenants and requirements of this Agreement and all Supplemental Agreements and of the Bonds. Section 5.02. Limited Obligation. The Bonds are limited obligations of the Authoritv on behalf of the District and are payable solely from and secured solely by the Special Tax Revenues and the amounts in the Bond Fund, the Reserve Fund and the Special Tax Fund created hereunder. Section 5.03. Extension of Time for Payment. In order to prevent any accumulation of claims for interest after maturity, the Authority shall not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the Bonds and shall not, directly or indirectly, be a party to the approval of any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the Authority, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Agreement, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest which shall not have been so extended or funded. Section 5.04. Against Encumbrances. The Authority will not encumber, pledge or place any charge or lien upon any of the Special Tax Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien herein created for the benefit of the Bonds, except as permitted by this Agreement. Section 5.05. Books and Records. The Authority will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the Authority, in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Administrative Expense Fund and the Special Tax Fund and to the Special Tax Revenues. Such books of record and accounts shall at all times during business hours be subject to the inspection of the Fiscal Agent and the Owners of not less than ten percent (10%) of the principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing. Section 5.06. Protection of Security and Rights of Owners. The Authority will preserve and protect the security of the Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all persons. From and after the delivery of any of the Bonds by the Authority, the Bonds shall be incontestable by the Authority. Section 5.07. Compliance with Law, Completion of Project. The Authority will comply with all applicable provisions of the Act and law in completing the financing of the Project. Section 5.08. Private Activity Bond Limitation. The Authority shall assure that the proceeds of the Bonds are not so used as to cause the Authority Bonds to satisfy the private business tests of section 141(b) of the Code or the private loan financing test of section 141(c) of the Code. 23 Section 5.09. Federal Guarantee Prohibition. The Authority shall not take any action or permit or suffer any action to be taken if the result of the same would be to cause any of the Authority Bonds to be "federally guaranteed" within the meaning of section 149(b) of the Code. Section 5.10. Collection of Special Tax Revenues. The Authority shall comply with all requirements of the Act so as to assure the timely collectioi-. of Special Tax Revenues, includin,@- without limitation, the enforcement of delinquent Special Taxes. On or about julv 1 of each year, the Fiscal Agent shall provide the Treasurer with a notice stating the amount then on deposit in the Bond Fund. The receipt of such notice by the Treasurer shall in no way affect the obligations of the Treasurer under the following three paragraphs. Upon receipt of such notice, the Treasurer shall communicate with the Auditor to ascertain the relevant parcels on which the Specil@- Taxes are to be levied, taking into account any parcel splits during the preceding and then current year. In computing the amount of Special Taxes to be levied, the Treasurer shall take into account funds available in the Bond Fund, the Special Tax Fund and the Capitalized Interest Account to make the payment of debt service on the Bonds due on the Interest Payment Dates occurring ,i the next calendar vear, along with any transfers of investment earnings pursuant to Sections 4.03(C) and 3.03(C) to the Bond Fund expected to occur on such Interest Payment Date. The Treasurer shall effect the levy of the Special Taxes from time to time during each Fiscal Year in accordance with the Ordinance Levying Taxes. Specifically, the Treasurer shall compute the amount of Special Taxes to be so levied each Fiscal Year before the final date on which the Auditor will accept the transmission of the Special Tax amounts for the parcels within the District for inclusion on the next secured or unsecured, as applicable, real property tax roll. Upon the completion of the computation of the amounts of t!-ie levy, the Treasurer shall prepare or cause to be prepared, and shall transmit to the Auditor, such data as the Auditor requires to include the levy of the Special Taxes on the next real property tax roll. The Special Taxes so levied shall be payable and be collected in the same manner and at the same time and in the same installment as the taxes on property levied on the tax roll are payable, and have the same priority, become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the taxes levied on the tax roll. In the event that the Treasurer determines to levy all or a portion of the Special Taxes by means of direct billing of the property owners within the District the Treasurer shall, not less than forty-five (45) days prior to each Interest Payment Date, send bills to the owners of interests in the real property located within the District subject to the levy of the Special Taxes for Special Taxes in an aggregate amount necessary to meet the financial obligations of the District due on the next Interest Payment Date, said bills to specify that the amounts so levied shall be due and payable not less than thirty (30) days prior to such Interest Payment Date and shall be delinquent if not paid @ ilen due. In any event, the Authority shall fix and levy the amount of Special Taxes within the District required for the timely payment of principal of and interest on anv )utstanding Bonds of the Authority becoming due and payable, including any necessary replenishment or expenditure of the Reserve Fund for the Bonds and an amount estimated to be sufficient to pay the Administrative Expenses, and shall take into account any prepa,,-,-nents of Special Taxes theretofore received by the Authority. The Special Taxes so levied shall not exceed the maximum amounts as provided in the Rate and Method of Apportionment. The Treasurer is hereby authorized to employ consultants to assist in computing the levy of the Special Taxes hereunder and any reconciliation of amounts levied to amounts received. The fees and expenses of such consultants and the costs and expenses of the Treasurer 24 (including a charge for City staff time) in conducting its duties hereunder shall be an Administrative Expense hereunder. Section 5.11. Further Assurances. The Authority will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Agreemeni, and for the better assuring and confirming unto the Owners of the rights and benefits provided in this Agreement. Section 5.12. No Arbitrage. The Authority shall not take, or permit or suffer to be taken by the Fiscal Agent or otherwise, any action with respect to the proceeds of the Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Bonds would have caused the Bonds to be "arbitrage bonds" within the meaning of section 148 of the Code. Section 5.13. Maintenance of Tax-Exemption. The Authority shall take all actions necessary to assure the exclusion of interest on the Bonds from the gross income of the owners of the Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of the Bonds. Section 5.14. Covenant to Foreclose. The Authority shall use its best efforts to determine, on or about July lst of each year, whether or not all Special Taxes levied in the prior fiscal year have been received by the Authority; and, consequently, whether any delinquencies in payment of Special Taxes exist. Pursuant to Section 53356.1 of the Act, the Authority hereby covenants with and for the benefit of the owners of the Bonds that it will order, and cause to be commenced within 150 days following the date of notice to the Authority of a delinquency (or knowledge of a delinquency by reason of the determination pursuant to the preceding paragraph), and thereafter diligently prosecute, an action in the superior court to foreclose the lien of any Special Tax or installment thereof not paid when due. The Treasurer shall notify the City Attorney, as general counsel to the Authority, of any such delinquency of which it is aware, and the City Attorney shall commence, or cause to be commenced, such proceedings. Section 5.15. No Additional Bonds. The Authority shall not issue any additional bonds secured by a pledge of the Special Taxes or any amounts in any funds or amounts established hereunder. Section 5.16. Public Access to Project. The Authority shall provide or cause to be provided access to members of the general public to all portions of the Project financed with the proceeds of the Bonds that constitute physical facilities. Said access shall not grant priority to any one person over that of another person, and shall be subject to any applicable Authority ordinance, rule or regulation. Section 5.17. Continuing Disclosure. (a) The Authority hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement. Notwithstanding any other provision of this Indenture, failure of the Authority to comply with the Continuing Disclosure Agreement shall not be considered a default by the Authority on the Bonds or of any other provision of this Agreement; however, at the request of any Participating Underwriter or the holders of at least 25% aggregate principal amount of Outstanding Bonds to, and in either case receipt of satisfactory indemnity by, the Fiscal Agent, the Fiscal Agent shall, or in any event the Participating Underwriter or any Bondholder may, take such actions as may be necessary and appropriate to compel performance by the 25 Authority of its obligations under the Continuing Disclosure Agreement, including seeking mandate or specific performance by court order. (b) Not later than October 30 of each vear, commencing October 30, 1996 and unti. -he October 30 following the final maturity of the Bonds, the Treasurer shall supply the following information to the California Debt Advisory Commission: (a) the principal amount of Bonds outstanding, (b) the balance in the Reserve Fund, (c) the balance in the Capitalized Interest Account, (d) tl-- number of parcels in the District which are delinquent with respect to their special tax payments, the amount that each parcel is delinquent, the length of time that each has been delinquent and when foreclosure was commenced for each delinquent parcel, (e) the balance in the Improvement Fund, and (f) the assessed value of all parcels in the District subject to the levy of the Special Taxes as shown on the most recent equalized roll. The Authoritv shall in no event be liable to any Bondowner or any other person or entity in connection wiih anv error in any such infon-nation. (c) Until the final maturity of the Bonds, the Treasurer shall notify CDAC by mail, postage prepaid, to the extent required by CDAC, within 10 days of (i) any failure to pay principal and interest due on the Bonds on any scheduled payment date, or (ii) any withdrawal of -unds from the Re-prve Fund to pay principal or interest on the Bonds. (d) The provisions of Section 5.17(b) and (c) shall be amended to reflect any applicable change in Section 53359.5(b) or (c) of the Act, without any action by the Authority or the Fiscal Agent. 26 ARTICLEVI INVESTMENTS; DISPOSMON OF INVES PROCEEDS; LIABIL@ OF THE CIT'Y Section 6.01. Deposit and Investment of Moneys in Funds. Moneys in any fund or account created or established by this Agreement and held by the Fiscal Agent shall be invested by the Fiscal Agent in Permitted Investments, as directed pursuant to an Officer's Certificate filed with the Fiscal Agent at least two (2) Business Days in advance of the making of such investments. The Officer's Certificate shall contain a certification to the Fiscal Agent that the investments being directed are Permitted Investments as required hereunder. In the absence of any such Officer's Certificate, the Fiscal Agent shall invest any such moneys in Permitted Investments described in clause (vi) of the definition thereof or in Federal Securities which by their terms mature prior to the date on which such moneys are required to be paid out hereunder. Moneys in any fund or account created or established by this Agreement and held bv the Treasurer shall be invested by the Treasurer in any lawful investments that the Authority may make or in any Permitted Investment, which in any event by their terms mature prior to the date on which such moneys are required to be paid out hereunder. Obligations purchased as an investment of moneys in any fund shall be deemed to be part of such fund or account, subject, however, to the requirements of this Agreement for transfer of interest earnings and profits resulting from investment of amounts in funds and accounts. Whenever in this Agreement any moneys are required to be transferred by the Authority to the Fiscal Agent, such transfer may be accomplished by transferring a like amount of Pern-titted Investments. The Fiscal Agent or the Treasurer may act as principal or agent in the acquisition or disposition of any investment. The Fiscal Agent or its affiliates may act as sponsor, agent manager or depository with regard to any Permitted Investment. Neither the Fiscal Agent nor the Treasurer shall incur any liability for losses arising from any investments made pursuant to this Section. Except as otherwise provided in the next sentence, the Authority shall direct or make investments hereunder such that all investments of amounts deposited in any fund or account created by or pursuant to this Agreement, or otherwise containing gross proceeds of the Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that valuation is required by this Agreement or the Code) at Fair Market Value. The Authority shall direct or make investments hereunder such that investments in funds or accounts (or portions thereof) that are subject to a yield restriction under applicable provisions of the Code and (unless valuation is undertaken at least annually) investments in the Reserve Fund shall be valued at their present value (within the meaning of section 148 of the Code). Investments in any and all funds and accounts may be commingled in a separate fund or funds for purposes of making, holding and disposing of investments, notwithstanding provisions herein for transfer to or holding in or to the credit of particular funds or accounts of amounts received or held by the Fiscal Agent or the Treasurer hereunder, provided that the Fiscal Agent or the Treasurer, as applicable, shall at all times account for such investments strictly in accordance with the funds and accounts to which they are credited and otherwise as provided in this Agreement. The Fiscal Agent shall sell at the highest price reasonably obtainable, or present for redemption, any investment security whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such investment security is credited and neither the Fiscal Agent nor the Treasurer shall be liable 27 or responsible for any loss resulting from the acquisition or disposition of such investment security in accordance herewith. The Authoritv acknowledges that regulations of the Comptroller of the Currencv grant the Authority the right to receive brokerage confirmations of security transactions to be effected bv the Fiscal Agent hereunder as they o,-r--ur. The Authority specifically waives the right to receive such notification to the extent permitted by applicable law and agrees that it will instead receive monthly cash transactions statements which include detail for the investment transactions effected by the Fiscal Agent hereunder; provided, however, that the Authoritv retains its rights to receive brokerage confirmation on any investment transaction requested by the Authority. Section 6.02. Rebate of Excess Investment Earnings to the United States. The Authority shall take any and all actions necessary to assure compliance with section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicab.-- to the Bonds. The Authority shall direct the Fiscal Agent to withdraw such amounts from the Reserve Fund pursuant to Section 4.03(D) as necessary to make any required rebate payments, and pay such amounts to the federal government as required by the Code and the Regulations. In the event of any shortfall in amounts available to make such payments under Section 4.03(D), the Treasurer shall make such payment from any amounts available in the Administrative Expense Fund or from any other available funds of the Authority. Any fees or expenses incurred by the Authority under or pursuant to this Section 6.02 shall be Adnu'nistrative Expense In order to provide for the administration of this Section 6.02, the Treasurer may provide for the employment of independent attorneys @, accountants and consultants compensated on such reasonable basis as the Treasurer may deem appropriate and in addition, and without limitation of the provisions of Sections 7.01 and 7.02, the Treasurer may rely conclusively upon and be fully protected from all liability in relying upon the opinions, determinations, calculations and advice of such agents, attorneys and consultants employed hereunder. Section 6.03. Limited Obligation. The Authority's obligations hereunder are limited obligations of the Authority on behalf of the District and are payable solely from and secured solelv by the Special Tax Revenues and the amounts in the Special Tax Fund, the Bond Fund (including the Capitalized Interest Account therein) and the Reserve Fund created hereunder. Section 6.04. Liability of Authority. The Authority shall not incur any responsibility in respect of the Bonds or this Agreement other than in connection with the duties or obligations explicitly herein or in the Bonds assigned to or imposed upon it. The Authority shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The Authoritv shall not be bound to ascertain or inquire as to the performance or observance of any oi the terms, conditions covenants or agreements of the Fiscal Agent herein or of any of the documents executed by the Fiscal Agent in connection with the Bonds, or as to the existence of a default or event of default thereunder. In the absence of bad faith, the Authority, including the Treasurer, may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Authority and conforming to the requirements of this Agreement. The Authority, including -,'ne Treasurer, shall not be liable for any error of judgment made in good faith unless it shall be proved that it was negligent in ascertaining the pertinent facts. 28 No provision of this Agreement shall require the Authority to expend or risk its own general funds or otherwise incur any financial liability (other than with respect to the Special Tax Revenues) in the performance of any of its obligations hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The Authority may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper partv or proper parties. The Authority may consult with counsel, who may be the Authority Attorney, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. The Authority shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto satisfactory established, if disputed. Whenever in the administration of its duties under this Agreement the Authority shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the Authority, be deemed to be conclusively proved and established by a certificate of the Fiscal Agent or other appropriate agent or consultant, and such certificate shall be full warrant to the Authority for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the Authority may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 6.05. Employment of Agents by Authority. In order to perform its duties and obligations hereunder, the Authority and/or the Treasurer may employ such persons or entities as it deems necessary or advisable. The Authority shall not be liable for any of the acts or omissions of such persons or entities employed by it in good faith hereunder, and shall be entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations, determinations and directions of such persons or entities. 29 ARTICLE VI[[ THE FISCAL AGENT Section 7.01. Appointment of Fiscal Agent. First Trust of California, National Association, at its corporate trust office in Los Angeles, California is hereby appointed Fiscal Agent and paying agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent. Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under the following paragraph of this Section, shall be the successor to such Fiscal Agent without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. The Authority may remove the Fiscal Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least Fifty Million Dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or exan-tining authority above referred to, then for the purposes of this Section 7.01, combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Fiscal Agent may at any time resign by giving written notice to the Authority and by giving to the Owners notice by mail of such resignation. Upon receiving notice of such resignation, the Authority shall promptly appoint a successor Fiscal Agent bN@ an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective only upon acceptance of appointment by the successor Fiscal Agent. If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of this Section within forty-five (45) days after the Fiscal Agent shall have given to the Authority written notice or after a vacancy in the office of the Fiscal Agent shall have occurred by reason of its inability to act, the Fiscal Agent or any Bondowner may apply to any court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may thereupon, after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent. Neither the Authority nor the Treasurer shall act as Fiscal Agent hereunder. Section 7.02. Liability of Fiscal Agent. The recitals of facts, covenants and agreements herein and in the Bonds contained shall be taken as statements, covenants and agreements of the Authority, and the Fiscal Agent assumes no responsibility for the correctness of the same, or makes any representations as to the validity or sufficiency of this Agreement or of the Bonds, or shall incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed upon it. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The Fiscal Agent assumes no responsibility or liability for any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds. 30 In the absence of bad faith, the Fiscal Agent mav conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Fiscal Agent and conforming to the requirements of this Agreement; but in the case of anv such certificates or opinions by which any provision hereof are specifically required to be furnished to the Fiscal Agent, the Fiscal Agent shall be under a dutv to examine the same to determine whether or not they conform to the requirements of this Agreement. Except as provided above in this paragraph, Fiscal Agent shall be protected and shall incur no liability in acting or proceeding, or in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement, upon any resolution, order, notice, request, requisition, Officer's Certificate, consent or waiver, certificate, statement, affidavit, or other paper or document which it shall in good faith reasonably believe to be genuine and to have been adopted or signed by the proper person or to have been prepared and furnished pursuant to any provision of this Agreement, and the Fiscal Agent shall not be under any duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Fiscal Agent shall not be liable for any error of judgment made in good faith by a responsible officer unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request or direction of any of the Owners pursuant to this Agreement unless such Owners shall have offered to the Fiscal Agent reasonable security or indemnity against the costs, expenses and liabilities which n-dght be incurred by it in compliance with such request or direction. The Fiscal Agent may become the owner of the Bonds with the same rights it would have if it were not the Fiscal Agent. Section 7.03. Information. The Fiscal Agent shall provide to the Authority such information relating to the Bonds and the funds and accounts maintained by the Fiscal Agent hereunder as the Authority shall reasonably request, including but not limited to quarterly statements reporting funds held and transactions by the Fiscal Agent. The Fiscal Agent will keep, or cause to be kept, proper books o record and accounts, separate from all other records and accounts of the Fiscal Agent, in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Bond Fund, the Escrow Fund, the Improvement Fund, the Reserve Fund and the Costs of Issuance Fund. Such books of record and accounts shall upon reasonable prior notice at au times during business hours be subject to the inspection of the Authority and the Owners of not less than ten percent (10%) of the principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing. Section 7.04. Notice to Fiscal Agent. The Fiscal Agent may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, requisition, Officer's Certificate, consent, order, certificate, report, warrant, Bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper 31 parties. The Fiscal Agent may consult with counsel, who may be counsel to the Authority, with regard to legal questions, and the opinion or advice of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. The Fiscal Agent shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto satisfactorily established, if disputed. Whenever in the administration of its duties under this Agreement the Fiscal Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be here. -@l specificab v prescribed) may, in the absence of willful misconduct on the part of the Fiscal Agent, be deemed to be conclusively proved and established by a certificate of the Authority, and such certificate shall be full warrant to the Fiscal Agent for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof ' but in its discretion the Fiscal Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 7.05. Compensation, Indemnification. The Authority shall pay to the Fiscal A,zent from time to time reasonable compensation for all services rendered as Fiscal ACent un@er this Agreement, and also all reasonable expenses, charges, counsel fees and other disbursements, including those of their attorneys, agents and employees, incurred in and about the performance of their powers and duties under this Agreement, but the Fiscal Agent shall not have a lien therefor on any funds at any time held by it under this Agreement. The Authority further agrees, to the extent permitted by applicable law, to indemnify and save the Fiscal Agent, its officers, employees, directors and agents harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or willful misconduct. The obligation of the Authority under this Section shall survive resignation or removal of the Fiscal Agent under this Agreement and payment of the Bonds and discharge of this Agr,ement, but any monetary obligation of the Authority arising under this Section shall be limit,,- solely to amounts on deposit in the Adn-dnistrative Expe,-ise Fund. 32 ARTICLEVUI MODIFICATION OR AMENDMENT OF TIUS AGREEMENT Section 8.01. Amendments Permitted. This Agreement and the rights and obligations of the Authority and of the Owners of the Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote at a meeting of Owners, or with the written consent without a meeting, of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 8.04. No such modification or amendment shall (i) extend the maturity of any Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the Authoritv to pay the principal of, and the interest and any premium on, any Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation by the Authority of any pledge or lien upon the Special Taxes superior to or on a parity with the pledge and lien created for the benefit of the Bonds (except as otherwise permitted by the Act, the laws of the State of California or this Agreement), or reduce the percentage of Bonds required for the amendment hereof. Any such amendment may not modify any of the rights or obligations of the Fiscal Agent without its written consent. This Agreement and the rights and obligations of the Authority and of the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the extent permitted by law and only for any one or more of the following purposes: (a) to add to the covenants and agreements of the Authority in this Agreement contained, other covenants and agreements thereafter to be observed, or to limit or surrender any right or power herein reserved to or conferred upon the Authority; (b) to make modifications not adversely affecting any outstanding series of Bonds of the Authority in any material respect; (c) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Agreement, or in regard to questions arising under this Agreement, as the Authority may deem necessary or desirable and not inconsistent with this Agreement, and which shall not adversely affect the rights of the Owners of the Bonds; and (d) to make such additions, deletions or modifications as may be necessary or desirable to assure the exclusion from gross income, for purposes of federal income taxation, of interest on the Bonds. Section 8.02. Owners' Meetings. The Authority may at any time call a meeting of the Owners. In such event the Authority is authorized to fix the time and place of said meeting and to provide for the giving of notice thereof, and to fix and adopt rules and regulations for the conduct of said meeting. Section 8.03. Procedure for Amendment with Written Consent of Owners. The Authority and the Fiscal Agent may at any time adopt a Supplemental Agreement amending the provisions of the Bonds or of this Agreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.01, to take effect when and as provided in this Section. A copy of such Supplemental Agreement, together with a request to Owners for their consent thereto, shall be mailed by first class mail, by the Fiscal Agent to each Owner of Bonds 33 Outstanding, but failure to mail copies of such Supplemental Agreement and request shall not affect the validity of the Supplemental Agreement when assented to as in this Section provided. Such Supplemental Agreement shall not become effective unless there shall be filed with the Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only ff accompanied by proof of owners,, ip of the Bonds for which such consent is given, which proof shall be such as is permitted by Section 9.04. Any such consent shall be binding upon the Owner of the Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section provided for has been mailed. After the Owners of the rc uired percentage )I' Bonds shall have filed their consents to the Supplemental Agreement, the Authority shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental Agreement, stating in substance that the Supplemental Agreement has been consented to by the Owners of the required percentage of Bonds and will 'r)e effective as provided in this Section (but failure to mail copies of said nclice shall not affect the validity of the Supplemental Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record, consisting of the papers required by this Section 8.03 to be filed with the Fiscal Agent, shall be proof of the r,-.itters therein stated until the contrary is proved. The Supplemental Agreement shall become effective upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the Authority and the Owners of all Bonds at the expiration of sixty (60) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such -sixty-day period. Section 8.04. Disqualified Bonds. Bonds owned or held for the account of the Authority, excepting an-,. pension or retirement func. shall not be deemed Outstanding for the p,--rpose of any vote, consent or other action or any calculation of Outstanding Bonds pron!ded for in this Article VIII, and shall not be entitled to vote upon, consent to, or take any @ liler action provided for in this Article VIII. Upon written request, the Authority shall specify to the Fiscal Agent those Bonds disqualified pursuant to this Section 8.04. Section 8.05. Effect of Supplemental Agreement. From and after the time any Supplemental Agreement becomes effective pursuant to this Article VIII, this Agreement shall be deemed to be modified and amended in accordance therewith, the respective rights, duties and obligations under this Agreement of the Authority and all Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such Supplemental Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and all purposes. Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments. The Authority may determine that Bonds issued and delivered after the effective date of any action taken as provided in this Article VIII shall bear a notation, by endorsement or otherwise, in form approved by the Authority, as to such action. In that case, upon demand of the Owner of any Bond Outstanding at such effective date and presentation of his Bond for that purpose at the Principal Office of the Fiscal Agent or at such other office as the Authority may select and designate for that purpose, a suitable notation shall be made on such Bond. The Authority may 34 determine that new Bonds, so modified as in the opinion of the Authoritv is necessary to conform to such Owners'action, shall be prepared, executed and delivered. fn that case, upon demand of the Owner of any Bonds then Outstanding, such new Bonds shall be exchanged at the Principal Office of the Fiscal Agent without cost to any Owner, for Bonds then Outstanding, upon surrender of such Bonds. Section 8.07. Amendatory Endorsement of Bonds. The provisions of this Article VIII shall not prevent any Owner from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. 35 ARTICLE IX NUSCELLANEOUS Section 9.01. Benefits of Agreement Limited to Parties. Nothing in this Agreement, expressed or implied, is intended to give to any person other than the Authority, the Fiscal Agent and the Owners, any right, remedy, claim under or by reason of this Agreement. Anv covenants, stipulations, promises or agreements in this Agreement contained by and on behalf of the Authority shall be for the sole and exclusive benefit of the Owners and the Fiscal Agent. Section 9.02. Successor is Deemed Included in All References to Predecessor. Whenever in this Agreement or any Supplemental Agreement either the Authority or the Fiscal Agent is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Agreement contained by or on behalf of the Authoritv or the Fiscal Agent shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 9.03. Discharge of Agreement. The Authoritv shall have the option to pay and discharge the entire indebtedness on all or any portion of the Bonds Outstanding in any one or more of the following ways: (a) bv well and truly paying or causing to be paid the principal of, and interest and any premium on, such Bonds Outstanding, as and when the same become due and payable; (b) by depositing with the Fiscal Agent, in trust, at or before maturity, money which, together with the amounts then on deposit in the funds and accounts provided for in Sections 4.02 and 4.03 is fullv sufficient to pay such Bonds Outstanding, including all principal, interest and redemption premiums; or (c) by irrevocably depositing with the Fiscal Agent, in trust, cash and Federal Securities in such amount as the Authority shall determine as confirmed by Bond Counsel or an independent certified public accountant will, together with the interest to accrue thereon and moneys then on deposit in the fund and accounts provided for in Sections 4.02 and 4.03, be fully sufficient to pay and discharge the indebtedness on such Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates. If 'he Authority shall have taken any of the actions specified in (A), (B) or (C) above, and if such Bonds are to be redeemed prior to the maturity thereof notice of such redemption shall have been given as in this Agreement provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such notice, then, at the election of the Authority, and notwithstanding that any Bonds shall not have been surrendered for payment, the pledge of the Special Taxes and other funds provided for in this Agreement and an other obligations of the Authority under this Agreement with respect to such Bonds Outstanding shall cease and terminate. Notice of such election shall be filed with the Fiscal Agent. Notwithstanding the foregoing, the obligations of the Authority to pay or cause to be paid to the Owners of the Bonds not so surrendered and paid all sums due thereon, to pay all amounts owing to the Fiscal Agent pursuant to Section 7.05, and otherwise to assure that no action is taken or failed to be taken if such action or failure adversely affects the exclusion of interest on the Bonds from gross income for federal income tax purposes, shall continue in any event. 36 Upon compliance by the Authority with the foregoing with respect to all Bonds Outstanding, any ftmds held by the Fiscal Agent after payment of all fees and expenses of the Fiscal Agent, which are not required for the purposes of the preceding paragraph, shall be paid over to the Authority and any Special Taxes thereafter received by the Authoritv shall not be remitted to the Fiscal Agent but shall be retained by the Authority to be used fo@ any purpose permitted under the Act. Section 9.04. Execution of Documents and Proof of Ownership by Owners. Anv request, declaration or other instrument which this Agreement may require or permit to be executed by Owners may be in one or more instruments of similar tenor, and shall be executed bv Owners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Except as otherwise herein expressly provided, the ownership of registered Bonds and the amount, maturity, number and date of holding the same shall be proved by the registry books. Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the Authority or the Fiscal Agent in good faith and in accordance therewith. Section 9.05. Waiver of Personal Liability. No Boardmember, officer, agent or employee of the Authority shall be individually or personally liable for the payment of the principal of, or interest or any premium on, the Bonds; but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law. Section 9.06. Notices to and Demands on Authority and Fiscal Agent. Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the Fiscal Agent to or on the Authority may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the Authority with the Fiscal Agent) as follows: Old Town/Westside Community Facilities District Financing Authority c/o City of Temecula 43174 Business Park Drive Temecula, California 92590 Attention:Finance Director Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the Authority to or on the Fiscal Agent may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the Fiscal Agent with the Authority) as follows: 37 First Trust of California, National Association 550 South Hope Street, Suite 500 Los Angeles, California 90071 Attn: Corporate Trust Division Section 9.07. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Agreement shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Agreement. The Authority hereby declares that it would have adopted this Agreement and each and every other Section, paragraph, sentence, clause or phrase hereof and auttkorized the issue of the Bonds pursuant thereto irrespective of the fact that any one or more -;ections, paragraphs, sentences, clauses, or phrases of this Agreement may be held illegal, invalid or unenforceable. Section 9.08. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any moneys held by the Fiscal Agent in trust for the payment and discharge of the principal of, and the interest and any premium on, the Bonds which remains unclaimed for two (2) years after the date when the payments of such principal, interest and premium have become payable, if such moneys was held by the Fiscal Agent at such date, shall be repaid bv the Fiscal Agent to the Authority as its absolute property free from any trust, and the Fisc@l Agent shall thereupon be released and discharged with respect thereto and the Bond Owners shall look only to the Authority for the payment of the principal of, and interest and any premium,-)n, such Bonds. Section 9.09. Applicable Law. This Agreement shall be governed by and enforced in accordance with the laws of the State of California applicable to contracts made and performed in the State of California. Section 9.10. Conflict with Act. In the event of a conflict between any provision of this Agreement with any provision of the Act as in effect on the Closing Date, the provision of the Act shall prevail over the conflicting provision of this Agreement. Section 9.11. Conclusive Evidence of Regularity. Bonds issued pursuant to this Agreement shall constitute con@l--.- --ive evidence of the regularity of all proceedings under the Act relative to their issuance and th@ evy of the Special Taxes. Section 9.12. Payment on Business Day. In any case where the date of the maturitv of interest or of principal (and premium, if any) of the Bonds or the date fixed for redemption of any Bonds or the date any action is to be taken pursuant to this Agreement is other than a Business Day, the payment of interest or principal (and premium, if any) or the action need not be made on such date but may be made on the next succeeding day which is a Business Day with the same force and effect as if made on the date required and no interest shall accrue for the period after such date. Section 9.13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. 38 IN WITNESS WHEREOF, the Authority has caused this Agreement to be executed in its name and the Fiscal Agent has caused this Agreement to be executed in its name, all as of August 1, 1996. OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY, for and on behalf of OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) By: Executive Director FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Signatory ATTEST: By: Authorized Signatory 30043-0 I:j 1 877 39 EMEBrr A FORM OF BOND No. $ UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF RIVERSIDE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) 1996 SPECIAL TAX BOND EST RATE MATURM DATE BOND DATE CUSI[P REGISTERED OWNER. PRINCIPAL AMOUNT: DOLLARS The Old Town/Westside Community Facilities District Financing Authority (the "Authority") for and on behalf of the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the "District"), for value received, hereby promises to pay solely from the Special Tax (as hereinafter defined) to be collected in the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner named above, or registered assigns, on the maturity date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, and to pay interest on such principal amount from 1, 1996, or from the most recent interest payment date to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing September 1, 1996, at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered owner hereof in lawful money of the United States of America upon presentation and surrender of this Bond at the principal corporate trust office of First Trust of California, National Association (the "Fiscal Agent"). Interest on this Bo,@d shall be paid by check of the Fiscal Agent mailed on each interest payment date to the registered owner hereof as of the close of business on the 15th day of the month preceding the month in which the interest payment date occurs (the "Record Date") at such registered owner's address as it appears on the registration books maintained by the Fiscal Agent, or upon written request filed with the Fiscal Agent prior to any Record Date by a registered owner of at least $1,000,000 in aggregate principal amount of Bonds, by wire transfer in immediately available funds to an account in the United States designated by such registered owner in such written request. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $ approved by the qualified electors of the District on April 23, 1996 pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311, et seq., of the California Government Code (the "Mello-Roos Act") for the purpose of financing public facilities (the "Project"), and is one of the series of Bonds designated "Old Town/Westside Community Exhibit A Page 1 Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) 1996 Special Tax Bonds" (the "Bonds"). The creation of the Bonds and the terms and conditions thereof are provided for by a resolution adopted by the Board of Directors of the Authority of the Old Town/Westside Community Facilities District Financing Authority on May 28, 1996 (the "Resolution"), and the Fiscal Agent Agreement, dated as of August 1, 1996, between the Authority and the Fiscal Agent (the "Agreement") and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. The Resolution is adopted under and this Bond is issued under, and both are to be construed in accordance with, the laws of the State of California. Pursuant to the Mello-Roos Act, the Agreement and the Resolution, the principal of and interest on this Bond are payable solely from the annual special tax authorized under the Mello- Roos Act to be collected within the District (the "Special Tax") and certain funds held under the Agreement. Interest on this Bond shall be payable from the interest payment date next preceding the date of authentication hereof, unless (i) it is authenticated on an interest payment date, in which event it shall bear interest for such interest payment date, or (ii) such date of authentication is after a Record Date but on or prior to an interest payment date, in which event interest will be payable from such interest payment date, or (iii) such date of authentication is prior to the first Record Date, in which event interest will be pavable from 1, 1996; provided however, that if at the time of authentication of this Bond, interest is in default hereon, this Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment hereon. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the Old Town/Westside Community Facilities District Financing Authority, as may be permitted by law. The Bonds do not constitute obligations of the Old Town/Westside Community Facilities District Financing Authority for which said Authority is obligated to levv or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The Bonds may be redeemed prior to maturity, in whole or in part, at the option of the Authority on September 1, _ or an any interest payment date thereafter, upon at least 30 days, but not more than 60 days, prior written notice mailed to the registered owners at the addresses appearing on the bond registry books, at the following redemption prices, expressed as a percentage of par value, together with accrued interest to the date of redemption: Redemi2tion Dates Redeml2tion Prices September 1, _ or March 1, _ 102.0% September 1, _ or March 1, _ 101.0 September 1, _ and any Interest Payment 100.0 Date thereafter The Bonds are subject to mandatory sinking payment redemption in part on September 1, . and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from sinking payments as follows: Exhibit A Page 2 Redempfion Date (Sel2tember 1) Sinking Payment 2015 $ 2016 2017 2018 2019 2020 2021 2022 2023 2024 (maturity) The Bonds are subject to mandatory redemption on any Interest Payment Date prior to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption, without premium, from certain amounts transferred from the Improvement Fund to the Bond Fund under the Agreement. Notice of redemption with respect to the Bonds to be redeemed shall be given to the registered owners thereof, in the manner, to the extent and subject to the provisions of the Agreement. The Bonds are issuable as fully registered Bonds without coupons in denominations of $5,000 or any integral multiple thereof. Subject to the limitations and upon payment of the charges, if any, provided in the Agreement, Bonds may be exchanged at the Principal Office of the Fiscal Agent for a like aggregate principal amount and maturity of Bonds of other authorized denominations. Each registration and transfer of registration of this Bond shall be entered by the Fiscal Agent in books kefz by it for this purpose and authenticated by its manual signature upon the certificate of authentication endorsed hereon. No transfer or exchange hereof shall be valid for any purpose unless made by the registered owner, by execution of the form of assignment endorsed hereon, and authenticated as herein provided, and the principal hereof, interest hereon and any redemption premium shall be payable only to the registered owner or to such owner's order. The Fiscal Agent shall require the registered owner requesting transfer or exchange to pay any tax or other governmental charge required to be paid with respect to such transfer or exchange. No transfer or exchange hereof shall be required to be made (i) fifteen days prior to the date established by the Fiscal Agent for selection of Bonds for redemption or (ii) with respect to a Bond after such Bond has been selected for redemption. The Agreement and the rights and obligations of the Authority thereunder may be modified or amended as set forth therein. The Bonds are not general obligations of the Authority, but are limited obligations payable solely from the revenues and hmds pledged therefor under the Agreement. Neither the faith and credit of the Authority or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. This Bond shall not become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been dated and manually signed by the Fiscal Agent. Exhibit A Page 3 IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this Bond does not exceed any debt limit prescribed bv the laws or Constitution of the State of California. IN WITNESS WHEREOF, Old Town/Westside Community Facilities District Financing Authority has caused this Bond to be dated 1, 1996, to be signed by the facsimile signature of its Chairman and countersigned by the facsin-dle signature of its Secretar-v. I OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY BY: Chairman [S E A LI ATTEST: Secretary Exhibit A Page 4 FISCAL AGENT'S CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the Resolution and the Agreement which has been authenticated on FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Signatory ASSIGNMENT FOR VALUE RECEIVED, the undersigned do(es) hereby sell, assign and transfer unto (Name, address and Tax identification Number of Assignee) fee within-mentioned registered Bond and hereby irrevocably constitute(s) and appoint(s) attorney, to transfer the same on the books of the Fiscal Agent with full power of substitution in the premises. D,:ited: Signatures Guaranteed: Note: Signature(s) must be guaranteed by an eligible Note: The signatures) on this Assignment must guarantor. correspond with the name(s) as written on the face 6f the within Bond in every particular without alteration or enlargement or anv change whatsoever. Exhibit A Page 5 ITEI\4 17 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Pete Labahn, Chief of Police DATE:May 28, 1996 SUBJECT:Purchase of Computers for Temecula Police Department PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION: That the City Council authorize the Temecula Police Department to purchase eight computers and monitors from Jaguar Computer Systems for a total price of $15,499. DISCUSSION: At the May 14, 1996 Council Meeting, staff recommended that eight computers and monitors be purchased from Jaguar Computer Systems ("Jaguar"), using Jaguar's existing contract with Riverside County to expedite the competitive bidding process. During that meeting, staff was directed to pursue a separate public bidding process for the equipment for the Temecula Police Department instead of using the County contract. For staff to competitively bid this purchase, the process will take approximately six to eight weeks due to the legally required advertising and bid process, evaluation, and final Council action. The existing computer systems currently used by the Temecula Police Department are not now compatible with upgraded software used by both the City of Temecula and the County of Riverside. Consequently, any documents which are sent to this Department on disk cannot be read by their computers. Recognizing this deficiency, the Police Department budgeted for eight upgraded computer systems to be purchased and installed in Department workstations. These eight computers will supplement the existing level of County service provided through the City's contract with the County Sheriff's Department. The proposed systems are Pentium 100 MHZ Processors manufactured by Gold Star Technologies, with a 15" monitor manufactured by Samsung, and other associated components (pricing for these items on the County publicly bid contract can be found in the attached spreadsheet). At Council request, staff is bringing this item forward for Council consideration, based on the Police Department's emergent need to fulfill this requirement. FISCAL IMPACT: Funds in the amount of $1 5,499 have been budgeted and are available in account 001 -1 70-999-5604 for the purchase of these computer systems. Attachment:Cost Spreadsheet co CC) w 0 co CD CN CD 0 F- CY) Ct) a) r- C,4 m Lr) o C4 0) LC) (D C4 0 co CN Lf) C6 LO co v- 0 0 tq 00 co CC) CC) OC) OD 00 00 OD 00 C,4 r- OC) C4 U) (Y) 0 p- C,4 U') OC) r- OC) C%4 v OC) CY) CF) (D (O P- LO C,4 C:) r_ C:) C:) C4 t- Lf) CY) r_ ce) OD CN T- 0 0 C,4 r- OC) C4 U') CY) r_ C,4 LO CC! co co - 7 cl? ui OC) 0 0) a') Lr) Ce) CN Lr) 0) L.0 - C'14 cle) x 6q C) C:) C) 0 C:) C:) C) C:) C:) 0 C:) C) C:) C:) C:) C:) C:) C) C:) 6 6 r_ 6 6 6 6 co LO co m r- CN 0 CD r- co z 0 0 co LL + U) (-)0 cu Cy) L) C'4 LU ui cn F- 0 co U) Lr) C.) C,4 U) 0 72 @ co ui 'E 0 U) m .- -0 22 c 65 co 0 (L Ci CD 0 C,4 c 72 co 0 0 f (b rol r- Co o) ; u o 0 LU z o C%4 Ln L- I- CD ui a- -0 r- 'D 2 (D CD X co .> Q- 0 co CN L- o Cb CD CL C- CD cn 0 CD m 0 L- -0 o 0 0 LLI CL >% 0 L- C:) CL o 0 0 0 E Lu 0 M 0 LU j,- C) c (n (D Ci) cu LLI LLI 0 E m r_ (D CL 00 Ca 0 -0 -0 :3 Cl) C: m < 0 0 (O 0 a (D @ Er cr) - 2 (L U- co EL E 0 cm W Ca 0 C6 -1 _j IX = .5, co CD CF) U) a) U) t- C-4 - 0 0- m U) U-) CL U) :3 CD < 'a 0 CD c EO C: CIO 0 0 LLI Cf) -0 L- (n a- CL cu a) 0 0) Cl) E Fj cx. E 2 ui o UJ U) C)) 0 CL (D ca C) 0 0 EL C.) (D Z) 3: r.) c) < DEPARTI\4ENTAL REPORTS APPROVA CITY ATTORNEY DIR. OF FINANCE V CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony Elmo, Chief Building Official DATE: May 21, 1996 SUBJECT:Building and Safety April 1996, Activity Report RECOMMENDATION: Receive and file. DISCUSSION: The following is a summary of activity for March, 1996. Building Permits Issued 188 Building Valuation $5,220,930 Revenue Collected $68,662 Housing Starts 52 New Commercial Starts 0 Commercial Additions/Alterations 10 = 9,944 Sq.Ft. Building Inspections 2,772 Valuation FY Year-to-Date $92,973,647 Code Enforcement Actions 987 Active Cases Pending 24 Closed Cases 49 V:\WP\AgenaaApril'96.Rpt APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City ncil FROM: Debbie Ubnos@, Planning Manager DATE: May 28, 1996 SUBJECT: Monthly Report RECOMMENDATION:Receive and File Discussion:The following is a summary of the Community Development Department's/Planning Division caseload and project activity for the month of April 1 996: Caseload Activity: The Department received two (2) applications for administrative cases and five (5) applications for public hearing cases for the month of April. The following are the public hearing cases: MCUP Cellular Antenna 1 MCUP Sand Screening and Hauling 1 Plot Plan 9,71 2 sq.ft. Industrial Building 1 TPM 28036, 3.42 acres 3 lots Margarita/Hwy 79 1 MCUP Earthworm Farm, Nicolas Valley 1 TOTAL 5 R:\MONTHLY.Rn\1996\MAY.WPD 5123/96 Ongoing Proiects: Old Town Streetscape Improvement Project The Sixth Street Parking Lot Master Plan. Webb & Associates will be designing the offsite improvements and standards for the related components of the project. These will be used as design standards for off-site improvement in Old Town, along with the Old Town Streetscape Standards and was approved by the City Council at the March 1 2, 1996. The anticipated ground breaking for the 6th Street project is June 8, 1 996. Murdy Ranch Specific Plan and Environmental Impact Report: Staff is awaiting re- submittal of the draft SP and EIR. Staff will review and determine if EIR can be circulated and SP can be set for Development Review Committee (DRC) meeting. Johnson Ranch Specific Plan: Staff will be deciding on the faith of their project after the approval of the City's Annexation Guidelines including the priority map. Roripaugh Ranch Specific Plan: The Planning Commission held a public workshop on September 1 1 , 1 995 and directed the applicant to reduce the density and the total number of units as well as to be more sensitive to the surrounding land use by increasing the buffer area and providing a transition of lot sizes. The Commission provided additional direction to the applicant. No future hearing date has been established. Temecula Shuttle: Located along Front Street within the 6th Street public parking lot, this project includes construction of a 1 860 square foot building, four bus spaces and public seating areas within landscaped areas. This project was approved at the February 22, 1 996 Directors' Hearing. The anticipated ground breaking is set for June 1996. School Impact Mitigation Plan: A joint School Board and City Council meeting 'is scheduled for June 1 8 at Rancho California Water District's Board Room. Annexation Guidelines: The Council approved the Guideline checklist at their May 14, 1 996 meeting. The accompanying map will be reconsidered in June. Sign Ordinance: The committee continues to meet every two weeks to discuss future community wide sign standards. These meetings are expected to continue into August. Attachment: 1 . Revenue and Status Report - Page 3 R:\MONTHLY.@\1996\MAY.WPD 5123/96 2 ATTACHMENT NO. 1 REVENUE STATUS REPORT R:\MONTHLY.Rn\1996\MAY.WPD 5123196 3 REVPRIN2 CITY OF TEMECULA PAGE 1 05/07/96 15:41:06 REVENUE STATUS REPORT APRIL 1996 001 GENERAL FUND 161 PLANNING ACCOUNT DESCRIPTION ADJUSTED APRIL 1995-96 BALANCE '/' COL ESTIMATE REVENUE REVENUE 4101 AMENDED FINAL MAP 4102 APPEALS 4103 CERT. OF LAND DIV. COMPLIANCE 4104EXTENSION OF TIME 4105SINGLE FAMILY TRACTS 4106MULTI-FAMILY TRACTS 4107PARCEL MAPS 4108LOT LINE ADJUSTMENT 4109MINOR CHANGE 4110PARCEL MERGER (2-4 LOTS) 4111RECORDABLE SUBDIVISION MAPS 4112REVERSION TO ACREAGE (5+LOTS) 4113SPECIAL SERVICE LETTER 4114SECOND UNIT PERMITS 4115CHANGE OF ZONE 4116CONDITIONAL USE PERMIT 4117CONSISTENCY CHECKS 4118GENERAL PLAN AMENDMENT 4119PLOT PLAN 4120PUBLIC USE PERMIT 4121REVISED PERMIT 4122SETBACK ADJUSTMENT 4123SPECIFIC PLAN 4124SUBSTANTIAL CONFORMANCE 4125TEMORARY OUTDOOR EVENT 4126TEMPORARY USE PERMIT 4127VARIANCE 4128ZONING INFORMATION LETTER 4129CEQA (INITIAL STUDIES) 4130CE-I'A ENVIROMENT IMPACT REPORT 4131DEVELOPMENT AGREEMENT 4132GEOLOGY CEQA 4133GEOLOGY ORD. 547 APZ 4134LAFCO 4135PARCEL MAP/WAIVER 4136@=-RGER 4137KMENDED FINAL TRACT/PAR. MAP 4138CERTIFICATE OF CORRECTION 4139CONDO TRACT MAP 4140REVERSION TO ACREAGE 4141LOT REVISION AFTER CHECK 4142LOT LINE ADJUST. PLAN CHECK 4143CERT. OF CORRECT. PLAN CHECK 4144CERT. OF COMPLIANCE PLAN CHECK 4145COND. CERT. OF COMPL. PLN. CK. 4146CERT. OF PAR. MERGER PLAN CK .00 .00 .00 .00 325.00 .00 325.00 .00 100.0 800.00 .00 756.00 44.00 94.5 6,000.00 .00 3,100.00 2,900.00 51.7 6,850.00 .00 6,853.00 3.00- 100.0 5,332.00 .00 .00 5,332.00 0.0 8,996.00 3,108.40 5,724.40 3,271.60 6@7.6 1,380.00 .00 2,070.00 690.00- 150.0 940.00 .00 918.00 22.00 97.7 1,000.00 .00 .00 1,000.00 0.0 .00 .00 .00 .00 392.00 .00 .00 392.00 0.0 .00 .00 .00 .00 520.00 .00 .00 520.00 0.0 13,256.00 .00 10,984.00 2,272.00 82.9 29,248.00 1,596.00 11,105.00 18,143.00 38.0 4,440.00 .00 .00 4,440.00 0.0 4,827.00 .00 8,415.00 3,588.00- 174.3 57,190.00 1,835.00 28,382.00 28,808.00 49.6 10,765.00 .00 8,004.00 2,761.00 74.4 6,446.00 .00 3,725.00 2,721.00 1,250.00 .00 500.00 750.00 9,254.00 .00 590.00 8,664.00 .4 1,715.00 370.00 4,578.30 2,863.30- 267.0 2,548.00 .00 818.00 1,730.00 32.1 .00 .00 .00 .00 1,142.00 .00 571.00 571.00 50.0 .00 .00 .00 .00 .00 1,750.75 12,373.40 12,373.40-... 6,202.00 .00 6,811.75 609.75- 109.8 4,000.00 .00 8,000.00 4,000.00- 200.0 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 500.00 500.00- .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 784.00 .00 .00 784.00 0.0 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 REVPRIN2 CITY OF TEMECULA PAGE 2 0'-'96 15:41:06 REVENUE STATUS REPORT APRIL 1996 GENERAL FUND 161 PLANNING ACCOUNT DESCRIPTION ADJUSTED APRIL 1995-96 BALANCE COL ESTIMATE REVENUE REVENUE 4147 VACATIONS PLAN CK .00 .00 .00 .00 4148 DOCUMENT PROCESSING .00 .00 .00 .00 4149 CONDEMNATION PLAN CHECK .00 .00 .00 .00 4150 REVERSION TO ACRE. PLAN CHECK .00 .00 .00 .00 4151 PARCEL MAP PLAN CHECK .00 .00 .00 .00 4152 TRACT MAP PLAN CHECK .00 .00 .00 .00 4153 AMENDED MAP PLAN CHECK .00 .00 .00 .00 4154 4TH & SUBS. SUBMITTALS .00 .00 .00 .00 4155 FEMA STUDY REVIEW .00 .00 .00 .00 4156 LOMA REVIEW .00 .00 .00 .00 4157 DRAINAGE STUDY REVIEW .00 .00 .00 .00 4169 IMPROVE INSPECTION ON-SITE .00 .00 .00 .00 4170 K-RAT STUDY FEES 1,480.00 .00 .00 1,480.00 0.0 4175 FAST TRACK PLANNING .00 .00 .00 .00 4180 FORMA FAST TRACK .00 .00 .00 .00 4200 IN HOUSE PLAN CHECKS 10,045.00 930.00 8,080.00 1,965.00 80.4 4206 ANNEXATION FEES 710.00 .00 .00 710.00 0.0 4226 TEMPORARY USE PERMIT .00 .00 .00 .00 4260 ACCESSORY WIND ENERGY .00 .00 .00 .00 4261 LARGE FAMILY DAY CARE .00 .00 .00 .00 4?'- HAZARDOUS WASTE FACILITY .00 .00 .00 .00 4 LAND DIV UNIT MAP 748.00 .00 187.00 561.00 25.0 4@. LANDSCAPE PLAN CHECK .00 201.85 13,609.60 13,609.60-... PLANNING 198,585.00 9,792.00 146,980.45 51,604.55 74.0 APPROVAL CITY ATTORNEY FINANCE DIRECTOR CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: May 28, 1996 SUBJECT:Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for April, 1996. r:\agdrpt\moactrptJajp CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report MAY, 1996 Submitted by: Joseph Kicak Prepared by: Don SpagnoloA Date:May 28, 1996 1.WORK UNDER CONSTRUCTION: 1. 1-15/Wonchester Road Interchange Mod*fications: The contractor is in the process of delivering and compacting soil for the northbound off-ramp, replacing the existing drainage channel adjacent to Palm Plaza with a underground storm drain and grading the northbound shoulder. The contractor is scheduled to begin bridge falsework construction immediately after the placement of concrete barrier rail along the sidewalk on the south side of the bridge. The project provides for the widening of the Winchester Road Bridge over the 1-1 5 freeway, the widening of the Santa Gertrudis Creek Bridge, and the construction of a new r-iorthbound loop ramp. 2. Sports Park Parking and Skate Board Parka The contractor has completed the landscaping and has scheduled a final walk through inspection for the entire project on May 14, 1996. The park is scheduled to open for public use on June 27, 1996. 3. Fire Station #84: The contractor has nearly completed construction of the building masonary walls with the wood framing scheduled to begin the third week in May. The contractor has also begun installation of the sewer main in Pauba Road between La Primavera Street and the Fire Station site. Completion of the sewer is scheduled for the final week in May. The project is scheduled to be completed by the fall of 1996. 4. Walcott Corridor* Right-of-way for construction of the proposed improvements has been acquired, including the section at tne corner of Calle Girasol and Nicholas Roads. Staff is in the process of evaluating the bids received previously and will make a recommendation to the City Council on June 11, 1996. The project will provide for the realignment of an underground waterline and a paved road surface on Nicolas Road, Calle Girasol, Calle Chapos, Walcott Lane and La Serena Way. 5. Sam Hicks Monument Park Improvement Proiect: The contractor has cor@- --:@eted the restroom building masonary walls and has begun construction of the wail framing and roofing. Installation of underground utilities is nearly complete and paving of the parking lot will begin May 20, 1996. The improvements include the construction of a 950 square foot concession stand and restroom facility, asphalt parking lot, landscaping and irrigation improvements, and assorted park site amenities. The project is scheduled to be completed by November 1996. pwO4Vnoactrpt\cip\g@ay.-ar 061496 Monthly Activity Report May 28, 1996 Page2 6.Pavement Management System* Thecontractor has completed the majority of the work except for re-establishing the existing street survey monuments that were paved over during the construction. Once this work is completed staff will recommend acceptance of the project to the City Council. 7. Traffic Signal at Route 79S and Margar*ta Road/Redhawk Parkway: A complete 4-way traffic signal will be installed as part of the project as well as the removal of the median island on the south leg of the intersection to provide for a dual north bound left turn pocket. The agreement between the County of Riverside and the City for the costs of the design and construction has been executed by the County. Construction will begin following the installation of the underground storm drain in the intersection proposed by the County Assessment District (AD 159) Project which is scheduled for June. 8. Interim Traffic S"gnal at Route 79S and Pala Road* A contract was awarded to Peek Traffic Inc. on March 12, 1996. This project will install a 3-way interim traffic signal at Route 79S and Pala Road. The ultimate improvements will be constructed when the new Pala Road Bridge is constructed and the highway is widened. A pre-construction meeting was held on April 11, 1996. The notice to proceed has been issued and the contractor has placed an order for the signal poles and other necessary equipment. S. Interim Traffic Signal at Route 79S and La Paz Street* Final plans & specifications have been approved by Caltrans and an encroachment has been issued. The project was advertised for bid and bids were opened on April 25, 1996. Award of contract is scheduled for the April May 14, City Council meeting. A 4-way interim traffic signal will be installed as part of the project at the intersection of Route 79S and La Paz Street. The ultimate signal and striping improvements will be constructed when the highway is widened. 10, Rancho Calofornia/Santa Cecilia Sidewalk Project No. 50 The project has been awarded and once the contractor submits the signed contract a pre-construction meeting will be scheduled. The project will provide new sidewalk on the north side of Santa Cecilia Drive between Mira Loma Drive and Cosmic Drive. 11, Barrier Rail on Front St. at Empire Creeke The contractor has completed the barrier rail on both sides of Front Street at Empire Creek and acceptance of the project will be recommended at the May 28, 1996 City Council meeting. The project was Federally funded under the Highway Bridge Replacement and Rehabilitation Program (HBRR). 12, North/South Restroom Facilitya The project has been awarded at the May 14, 1996 City Council meeting. A pre- construction meeting will be scheduled upon receipt of an executed contract along with bonding and insurance documents from the contractor. The project will be pwO4V.oactrpt\cip\96@ay.mw 061496 Monthly Activity Report May 28, 1996 Page 3 rehabilitating the existing restroom facility at the North/South ball fields in the Rancho California Sports Park, which includes modifying both the men and women restrooms to conform with ADA (Americans with Disabilities Act) requirements and adding a A.C. handicap parking space just north of the existing building. 13, Sports Park Creek Restoration: A contract was awarded to R.K. Allen Landscape Construction on April 23, 1996. A pre-construction meeting will be scheduled upon receipt of executed contract along with bonding and insurance documents from the contractor. The project includes the installation of landscaping and gabion slope protection along the channel slopes to mitigate erosion. Underground drainlines will be installed to reduce ball field surface ponding. A concrete walkway will be constructed along the north channel bank with a decomposed granite pathway adjacent to the walkway. II.OUT TO BID: 1. Traffic Signal at Margarita Road and Rustic Glen Drive* The project plans and specification were approved by the City Council on April 23, 1996 and the project is out to bid. The bids will be opened on May 30, 1996. The signal poles and controller have been ordered to expedite the signal installation. The County is scheduled to open bids on June 10, 1996 and if the signal is not operating prior to the contractor starting the road work then a 3-way stop has been recommended to the City Council for approval. 111. WORK IN DESIGN: 1.1-15/Rancho California Road Interchange Modificationse project provides for the widening of the Rancho California Road bridge over the I- 5 freeway and construction of a northbound loop on-ramp. The County of Riverside is assisting the City in acquiring the necessary right-of-way for the project and currently making offers to the owners of the two parcels that are required for the construction of the northbound exit ramp. Final revisions have been made by the consultant and the @- ans and specification were resubmitted to Caltrans on May 6, 1996, for approval and authorization to bid the project. 2. 1-15/Overland Drove Overcrossing lmprovemeo= The consultant has revised the roadway and structural plans and resubmitted to Caltrans the week of March 18, 1996. The consultant will revise the structural plans when they receive !-he electrical relocation sheets for the 12 KV and 33 KV power lines. SCE is currently trying to find a route for the relocation of the 1 1 5 KV power lines. pwO4\rnoactrptXcip\96\may.rnor 061496 Monthly Activity Report May 28, 1996 Page 4 3. City Wode Intellogent Traffic Management System (ITMS)I Data collection has been completed and the consultant has submitted a discussion paper for the proposed improvements as well as various options on the available hardware and software. Staff has reviewed the various alternatives and is currently finalizing the project scope. This project will interconnect all major arterials and will coordinate traffic signals along the major corridors in the city. This project has been funded by Congestion Mitigation and Air Quality (CMAQ) funds which is a federal funding source and is administered by Caltrans. 4. Emergency Generators The project includes installing an emergency generator at the Community Recreation Center to provide power for emergency operations. A meeting was held on April 1 1, 1996 to review the final design revisions with the consultant. Revised plans were submitted by the consultant on May 9th and staff is presently conducting final review. Staff anticipates requesting authorization to solicit public construction bids from the Council in June. 5. Margareta Communnty Parke The plans and specifications were submitted for preliminary review on April 3, 1996. Staff anticipates completion of preliminary review by May 15th. The project includes picnic areas, a tot play area, restroom facilities and open turf areas. The development of two ball fields on the School Districts property, two lighted tennis courts, and one lighted roller hockey facility will be bid as add-alternates. pwO4\mooctrpt@cip%96Vnay.mar 061496 LAND DEVELOPMENT Monthly Activity Report Special Projects APRIL 1996 Submitted by: Joseph Kicak Prepared by: Steven Cresswell Date: May, 1996 1. PW93-09 - Parkview Site: The Record of Survey for the exchanged property and the vacation/dedication of Pauba Road right-of-way are currently being prepared and processed. 2. PW95-07 - Phase I Western Byl2ass Corridor: The report prepared by the Consultant analyzing the impacts associated with the location of the westerly Fbutment of the Western Bypass Corridor bridge over Murrieta Creek as it pertains to Metropolitan Water District's (MWD) facilities has been submitted to that agency for review. Upon receipt of approval, the bridge design will commence. 3.PW95-08 - First Street Extension: Thefinal design of the improvements are underway. 4.RFP #38 - 6th Street Parking Proiect: Thefinal improvement plans and specifications for the entire project including the plans for the public restroom facility and the streetscape improvements will be completed by mid-May. r:\moactrpt\dev\96\April LU U) C3 LU z cr I.l L) -i cm C%i C4 co Z cr LLJ LLI > 0 LLI U) 0 cc Re 4c I 8 In i3 z z co LLJ ui -i tz w C,4 V. 46 LLJ U) cc Cld 0 La C4 O.- 0 Chi C,4 tn cm C4 M z g 0 N LU CL CL q LLJ LL 0 w 0) C%l < W 'n Cld p- C,4 4D C,4 o _j >- t- C,4 4c 2 40 C4 17 (.) 40 401, co ui -i w U. -i CD 9 9 g 0 cm La v Ln V. e :i a g U. W IN 0 C4 -T cn C4 so v 44 4* 44 o go Ci aq 8 C4 LU LU z co C-0) 0) > 4m W) 0 0 0 CIA 14 cli 7- m m C4 (A CL F- F: 40 40 40 _j cn U rx ui t- a. cc z p- Z to z 0 0 0 co U) C,4 ?4 LL !2 I co 0 C) > W V) V) CO) w IL -W U) 4k cr co) z 0 0 8 8 8 p- lq Ui w z Co > 0 co 00 C,4 c4d 44 = 2 ;i U) C,4 0 T. f.) a. Cl) LU U) 4* 46 w LU ci 0 LL Ln co 0 C) 0 CV0 (D to CO) C.) UJ z V) Cl) wi ui r Z T- P- U) o 0 at Wt CY CD t- C%t Cl) C4 w 4* CO) 4ow 40 le It v :; oi ce co p- 0 co co CD z 0 z CD z w ui Z < 2 2 2 2 he -i m m w 0 C%d IL L) IL LU c: LU -i - CO) cu LU w a. z a 0 0 0. CL 0. 0 w 0 00 0 z 0 E (I = -i LU > LU 50 z Z 0 p- F- w 0 cc > La cc u 00 0 > z tA a cc a w c 0 i w C.) LU CL z m m > w IC m z z LL -i w w a IL 2 a 2 a w 4 LL CL z IL 0 MEMORANDUM TO: Joseph i""icak, Director of Public Works/City Engineer FROM:bq@ Brad Buron, Maintenance Superintendent DATE: May 1, 1996 SUBJECT: Monthly Activity Report - April, 1996 The following activities were performed by Public Works Department, Street Maintenance Division in- house personnel for the month of April, 1996: 1. SIGNS A. Total signs replaced 37 B. Total signs installed 27 C.Total signs repaired II.TREES A.Total trees trimmed for sight distance and street sweeping concerns 1 Ill. POTHOLES A. Total square feet of potholes repaired 205 IV.CATCH BASINS A. Total catch basins cleaned 4 V.RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 45,965 vi.GRAFFITI REMOVAL A. Total locations 57 B. Total S.F. 5,867 VI[. STENCILING A.346 new and repainted legends B.32,002 L.F. of red curb new and repainted C. 0 S.F. of sandblasting/grinding r:\roods\actrpt\96\04 je MONTHLY ACTIVITY REPORT - April 1996 Page No. 2 Also, City Maintenance staff responded to 21 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 28 service order requests for the month of March, 1996. The Maintenance Crew has also put in 75 hours of overtime which includes standby time, special events and response to street emergencies. I.P.S. STRIPING AND STENCILING COMPANY has completed the following 00 L.F. of new and repainted striping 0 0 L.F. of sand blasting The total cost for I.P.S. striping services was $0.00 compared to $929.03 for March, 1996. PESTMASTER SERVICES has completed the following* 64,389 S.F. of right-of-way weed control, total cost $2,575.55 compared to $11,420.00 for March, 1996. The total cost for Street Maintenance performed by Contractors for the month of April, 1996 was $5,734.55 compared to $60,673.58 for the month of March, 1996. Account No. 5402 $ 2,223.00 Account No. 5401 936.00 Account No. 999-5402 0.00 cc:Steve Cresswell, Principal Engineer - Land Development Don Spagnolo, Principal Engineer - Capital Projects Martin C. Lauber, Traffic Engineer r.\roads\actrpt\96\04 jo STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of March. ACCOUNT NO, 5401 L@ WILLIAMS LANT)SC DATE STREET/CHANNEL/BRIDGE DESCRIPTION OF WORK TOTAL COST 04/26/96 Via Lobo Channel Weed and Replant Landscape area around $936.00 Channel. Total Acct. No. 5401 $936.00 ACCOUNT NO, 5402 @:@L@.WILLIAMS:.LANDSCAPE INC4::@:: DATE STREET/CHANNEL/BRIDGE DESCRIPTION OF WORK TOTAL COST 04/08/96 Starlight Ridge Ramoval and stump grinding of 4 dead $850.00 R.O.W. trees. @.JKZCONSTRUCTORS, INC DATE STREET/CHANNEL/BRIDGE DESCRIPTION OF WORK TOTAL COST 04/08/96 Rainbow Canyon Road Emergency Guard Rail Repair $1,373.00 Total Acct. 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Do: DEPARTMENT OF PUBLIC WORKS ROADS DIVISION APRIL, 1996 GRAFFITI REMOVAL LOCATION @WORK COMPLETED TE @@ 11 1 04-01-96 Preece @ Ynez Road Removed 6 S.F. of Graffiti 04-01-96 Rancho Vista @ Cosmic Removed 60 S.F. of Graffiti 04-01-96 Rancho Vista @ Community Recreation Center Removed 3 S.F. of Graffiti 04-01-96 Rancho Vista @ Calle De La Rena Removed 90 S.F. of Graffiti 04-01-96 Rancho Vista @ Mira Loma Removed 12 S. F. of Graffiti 04-01-96 Solana Way and R.C.W.D. Well #128 Removed 36 S.F. of Graffiti 04-01-96 Del Rey Road @ Solana Way Removed 4 S.F. of Graffiti 04-01-96 Solana Way @ Via La Vida Removed 172 S.F. of Graffiti 04-01-96 S. Gen. Kearney @ La Serena Removed 50 S.F. of Graffiti 04-01-96 N. Gen. Kearney @ Nicolas Road Removed 45 S.F. of Graffiti 04-01-96 La Serena @ Chardonnay Hills Removed 13 S.F. of Graffiti 1-96 Rancho California Road @ Ave. de la Reina Removed 25 S. F. of Graffiti 4-02-96 28747 Pujol Removed 45 S.F. of Graffiti 04-02-96 29645 Rancho California Road Removed 70 S. F. of Graffiti 04-02-96 Via Las Colinas @ Rancho California Road Removed 1 S.F. of Graffiti 04-02-96 E.M.W.D. Easement @ La Serena Removed 20 S.F. of Graffiti 04-02-96 40636 Windson Avenue Removed 25 S.F. of Graffiti 04-02-96 V-Ditch @ Telavera Removed 164 S. F. of Graffiti 04-02-96 Ave. de la Reina @ Calle Aragon Removed 4 S.F. of Graffiti 04-02-96 Yukon @ Long Valley Removed 10 S.F. of Graffiti 04-03-96 Long Valley Channel, Humber to Margarita Removed 110 S.F. of Graffiti- 04-04-96 Rancho Vista @ Ynez Road Removed 4 S.F. of Graffiti 04-04-96 "Lucky's' Rancho California Road @ Margarita Removed 43 S. F. of Graffiti 04-05-96 Solana Way @ Calle Aranda Removed 180 S.F. of Graffiti 04-05-96 Jefferson N/0 Hwy. 79N @ Bridge Removed 90 S. F. of Graffiti 04-05-96 Bedford Court @ Pizza Shop Removed 250 S. F. of Graffiti 04-09-96 41950 Sixth Street Removed 90 S. F. of Graffiti 4-09-96 Via La Vida @ Renate Removed 30 S. F. of Graffiti pwO3\roads\wkcmpltdN96\04.Graffiti 050196 GRAFFM REMOVAL - APREL, 1996 WORK COMPLETED DATE LOCATION7 04-09-96 Old Town Senior Center Removed 2 S.F. of Graffiti 04-09-96 La Serena @ Prom Chardonnay Hills Removed 25 S.F. of Graffiti 04-09-96 Rancho California Road @ Yukon Removed 18 S.F. of Graffiti 04-09-96 Rancho California Road @ Humber Removed 34 S.F. of Graffiti 04-09-96 28550 Pujol Removed 90 S.F. of Graffiti 04-10-96 Rancho Vista @ Mira Loma Drive Removed 35 S.F. of Graffiti Remo fiti 04-10-9C- Community Recreation Center ved 6 S. F. of Graf 04-11-96 Solana Way @ Rycrest Removed 38 S.F. of Graffiti 04-11-96 Solana Way @ Margarita Removed 34 S. F. of Graffiti 04-15-96 Equity @ Ynez Road Removed 85 S. F. of Graffiti 04-16-96 Park at end of De Portola Road Removed 75 S. F. of Graffiti --16-96 Meadows & McCabe Removed 45 S. F. of Graffiti 04-16-96 Montelegro @ Via Sajo Removed 18 S.F. @7 Graffiti 04-'i 6-96 Margarita S/0 Moraga Road Removed 45 S.F. of Gr,-"'-i 04-16-96 Mar @ Stonewood Removed 12 S.F. of Gi,- 04-17-96 r@o.-nmunity Recreation Center Removed 105 S. F. of Graffiti 04-17-96 Hwy. 79S @ 1-1 5 Removed 24 S.F. of Graffiti 04-17-96 Long Valley @ Roanoke Removed 6 S. F. of Graffiti O'--22-96 Hwy. 79S. @ Ave. de Missions Removed 2,000 S.F. of Graffiti 04-22-96 Solana Way @ Motorcar Parkway Removed 259 S.F. of Graffiti 04-22-96 i Tarqet Center Removed 55 S.F. of Graffiti 04-23-96 Rancho California Road @ Yukon Removed 9 S.F. of Graffiti 04-23-96 De[ Rio Plaza Removed 6 S. F. of Graffiti 04-24-96 Solana Way @ Calle Aranda Removed 30 S. F. of Graffiti 04-24-06 Solana Way @ Via La Vida Removed 50 S.F. of Graffiti 04-25-96 Margarita @ Moraga Road Removed 6 S. F. of Graffiti 04-26-96 Rancho California Road @ Lyndie Lane Removed 7 S.F. of Graffiti 04-26-96 Solana Way @ Motorcar Parkway Removed 876 S. F. of Graffiti 04-26-96 Ynez Road across from Ford Dealer Removed 225 S.F. of Gi -2- pwO3\roads\wkcmpltd\96\04.Graffiti 050196 DATE @@LOCATION@. @WORK COMPLETED TOTAL S.F. 5,867 TOTAL LOCATIONS -3- pwO3\roads\wkcmpltdk96\04.Graffiti 050196 DEPARTMENT OF PUBLIC WORKS ROADS DIVISION APRIL, 1996 R.O. W. TREE TRIMMING DATE @i @:.,@@.LOCATION,@@ WORK COMPLETED 04-17-96Rancho California Road Trimmed 1 Tree N/0 Diaz Road TOTAL TREES 1 TRIMMED pwO3\roads\wkcmpltd\96\04.TM 050296 DEPARTMENT OF PUBLIC WORKS ROADS DIVISION APRIL, 1996 SERVICE ORDER REQUEST LOG DATE LOCATION REQUEST WORK COMPLETE 04-04-96 De Portola @ St. repaved and new street 04-05-96 Jedediah Smith name signs 04-04-96 31260 Corte Alhambra Tree trimming 04-04-96 04-04-96 30401 Milky Way Drive Night constant noise 04-05-96 04-04-96 30443 Danube Court Root pruning 04-08-96 04-05-96 45545 Classic Way Pala Road reconstruction 04-08-96 04-05-96 31005 Del Rey Road Sweeper concern 04-08-96 04-08-96 30684 Sky Terrace Tree trimming 04-08-96 04-08-96 39445 Pala Vista Drive Back fill 04-08-96 04-09-96 31096 Tecumseh Court- Tree replacement 04-09-96 04-09-96 Via la Vida Graffiti 04-09-96 04-09-96 41950 Sixth Street Graffiti 04-09-96 4-15-96 30126 La Primavera Dirt in street 04-15-96 04-15-96 Margarita Road Litter 04-15-96 04-16-96 44077 Northgate Sweeper concern 04-16-96 04-16-96 31096 Tecumseh Court Tree concern 04-16-96 04-16-96 45587 Classic Way Traffic concern 04-16-96 04-16-96 40312 Windsor Road Dump site 04-16-96 04-18-96 42101 Sweet Shade Root prune 04-18-96 04-24-96 Paloma del Sol Sweeper concern 04-24-96 04-29-96 30691 La Sombra Court Tree trimming 04-30-96 04-29-96 41538 Ave. de la Reina Tree trimming 04-30-96 TOTAL S.O.R'S pwO3\roads\wkcmpltd\96\04.svsrq 050296 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION APRIL, 1996 SIGNS WORK COMPLETED @D ATE@: 04-03-96 Area's 1 & 3 "See Daily' Installed 14 Signs 04-04-96 Area 3 'See Daily" Replaced 10 Signs "Faded" 04-10-96 Front Street @ Santiago Road Replaced R-2 "T.C." 04-16-96 Moraga Road @ Margarita Road Replaced R-260 "Graffiti" 04-16-96 Ave. de la Reina Installed W-53 @ Rancho California Road 04-17-96 Pala Road @ Bridge Replaced W-1 & W-5 - 25 'T.C." 04-18-96 Margarita Road @ La Serena Replaced Type "N" Graffiti 04-18-96 Windsor W/O Calle Medusa Replaced C-19 "Faded" 04-18-96 N/0 Windsor Replaced R-1 "Egged" 04-18-96 Calle Medusa @ Chaldon Circle Replaced W-1 7 "Faded" 04-18-96 Calle Medusa @ Chalc@n Circle Replaced R-2 25 "Faded' 04-18-96 Calle Medusa @ Chaidon Circle Replaced R-1 "Faded' 04-18-96 Calle Medusa @ Enfield Rep@@,;ed 2 W-17 "Faded' 04-18-96 Calle Medusa @ Nicolas Replaced W-1 7 "Egged' 04-18-96 Calle Medusa @ Wellington Replaced R-1 "Egged" 04-19-96 Third @ Mercedes Street Replaced Carsonite 'Missing" 04-22-96 Ynez Road @ Palm Plaza Replaced W-74 "T.C." 04-23-96 Margarita Work Order #96-009 Installed 9 R-26 Modified 04-29-96 Solana Way @ Del Rey Road Replaced R-1 "Graffiti' 04-29-96 Ave. Barca @ San Pasqual Replaced R-1 "T.C." 04-29-96 Via Arboleda @ Ave. Barca Replaced R-1 "Graffiti" 04-29-96 Del Rey Road S/0 Pina Colada -Replaced W-17 "Egged" 04-29-96 Ave. del Reposo @ Del Rey Repiaced R-1 "Faded" 04-29-96 Felecita Road @ Del Rey Replaced R-1 "Faded' 04-29-96 Wellington Circle @ Calle Medusa Replaced R-1 'Faded' 04-29-96 Ave. Centenario @ Via Norte Replaced R- 1 "Faded" -96 Ave. Centenario @ Via Norte Replaced R-2 35 "Graffit 04-29 04-29-96 Via Norte @ Felicita Replaced W-9 "Graffiti" PWO3\ROADSIWCMPLTD\%\04.SIGNUNSTAIL O@96 SIGNS - APRIIL, 1996 1)4-29-96 Del Rey Road S/0 Replaced SR 4 A "Graffiti" Ave. del Reposo 04-30-96 Moraga Road @ Installed 3 Adopt-a-Street Signs Rancho California Road TOTAL SIGNS 37 REPLACED TOTAL SIGNS INSTALLED 27 TOTAL SIGNS REPAIRED 0 F'WO3\ROADS/WKCMPLTD\96\04.SIG@NSTALL 050296 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION APRIL, 1996 STENCILING DATE LOCATION'@-.. WORK COMPLETED 04-01-96 Area's 1 & 2 "See Da,,y' Painted 63 St.Legends 04-02-96 Area's 1 & 2 'See Daily' Painted 68 St.Legends 04-02-96 Marqarita N/0 Moraga Road Painted 400 L.F. White Curb 04-03-96 Bedford Court Painted 250 L.F. Red Curb 04-03-96 Front Street - Area 1 Painted 170 L.F. Red Curb 04-03-96 Area's 1 & 3 "See Daily' Painted 13 St.Legends 04-04-96 Bedford Court Painted 60 L.F. Red Curb 04-08-96 Area #1 "See Daily' Repainted 30 L@ends 04-09-96 Area #2 'See Daily' Repainted 19 Legends 04-10-96 Area #2 "See Daily' Repainted 33 Legends 04-11-96 Area #1 'See Daily" Repainted 46 Legends 04-11-96 Area #1 Repainted 50 Legends 04-16-96 Area #1 "See Daily' Repainted 24 Legends 04-16-96 Diaz Road btwn Repainted 4,970 L.F. Red Curb Ave. Alvarado & Rancho Way 04-18-96 Area #1 "See Daily" Repainted 3,775 L.F. Red Curb 04-22-96 Front Street Repainted 3,672 L.F. Red Curb 04-24-96 Jefferson btwn Repainted 12,560 L.F. Red Curb Via Montezuma & City Limits 04-30-96 Area #1 "See Daily locations" Repainted 6,145 L.F. Red Curb TOTAL NEW & REPAINTED LEGENDS 32,002 TOTAL L.F. OF NEW & REPAINTED CURB PWO3\ROADS\WKCMPLTD\96\04.STENCEL 050296 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION APRIL, 1996 R.O.W. WEED ABATEMENT WORK@COMPLETED DATE LOCATION 04-16-96 Diaz Road Abated 1,000 S.F. R.O.W. Weeds 04-18-96 Front Street between Abated 1,970 S.F. R.O.W. Weeds Rancho California Road and Del Rio 04-19-96 Third Street @ Mercedes Abated 100 S.F. R.O.W. Weeds 04-23-96 Ynez Road across car Abated 4,650 S.F. R.O.W. Weeds Dealers 04-24--96 Area # 1 Abated 17,425 S.F. R.O.W. Weeds (See Daily for locations) 04-25-96 Ynez @ Solana Way S/0 Abated 2,400 S.F. R.O.W. Weeds 04-25-96 Solana Way E/O Abated 5,600 S.F. R.O.W. Weeds 04-26-96 Rancho California Road Abated 4,000 S.F. R.O.W. Weeds between Meadows & Margarita 04-30-96 Rancho California Road Abated 1,000 S.F. R.O.W. Weeds @ Front Street 04-30-96 Margarita Road @ Abated 7,820 S.F. R.O.W. Weeds Rancho California Road TOTAL S.F. 45,965 R.O.W. WEED ABATED pwO3\roads\wkcmpltd\96\04.Weeds 0502%