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HomeMy WebLinkAbout052797 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 accessibiJity to that meeting [28 CFR 35.102.35.104 ADA Title Ill AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 27, 1997- 7:00 PM 5:30 PM - Closed Session of the City Council pursuant to Government Code Sections: I §54957.6, Conference with City's Labor Negotiator, Grant Yates. 2. §549:J;6.8, Conference with Real Property Negotiator, Property: 3.09 acres located at the northwesterly corner of La Paz Road and State Route 79, APN 922-190-25;N'egotiating Parties: Mike Moramarco, County of Riverside and the City of Temecula; Under negotiation: price and terms of payment. · 3. §54956.8, Conference with Real Property Negotiator, Property: 27600 Jefferson Avenue; Negotiating Parties: Norm Reeves Super Group and the Redevelopment Agency of the City of Temecula;. Under negotiation: Consideration of lease terms. At alpproximately 9:45 PM, the City Council will determine which of the remaining agenda ;:.gms can be considered and scted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: Mayor Patricia H. Birdsall presiding Next in Order: Ordinance: No. 97-10 Resolution: No. 97-46 Heather Downing Rabbi Josef Germain, Congregation B'Nai Chaim of Murrieta Councilmember Stone Ford, Lindemarts, Roberts, Stone, Birdsall R:\Agenda~052797 1 PRESENTATIONS/ PROCLAMATIONS: Arts Appreciation Week Proclamation World Trade Day Proclamation Inland Empire American Planning Association Awards for Fast Track Process and Temecula One PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion-to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of May 8, 1997. R:\Agenda~052797 2 3 Resolution Approvino List of Demands 6 RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEN1ECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Professional Services Contract with Canty Engineering Group, Inc., for Design and Construction Support Services for the Winchester Road/I-15 Interchange, Rancho California Road/I-15 Interchange, and the Overland Overcrossing Bridge RECOMMENDATION: 4.1 Approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Canty Engineering Group, Inc..(CEG) to provide engineering and construction support services for the Winchester Road/I-15 Interchange, Project No. PW95-21, Rancho California Road/l-l 5 Interchange, Project No. PW95-12 and Overland Overcrossing Bridge, Project No. PW95-11, in an amount not to exceed $54,000.00. Accept Public Improvements in Tract No. 22716-2 (Located at the Northerly corner of the intersection of Meadows Parkway at Rancho Vista Road) RECOMMENDATION: 5.1 Accept the Public Improvements in Tract No. 22716-2; 5.2 Authorize reduction in Faithful Performance Bond amount to the warranty level for Street, Water, and Sewer Improvements, initiation on the one-year warranty period and release of the Subdivision Monument Bond; 5.3 Direct the City Clerk to so advise the Developer and Surety. Accept Subdivision Monumentation in Tract No. 24134-1 (Located Southeasterly of the intersection of Pauba Road at Margarita Road) RECOMMENDATION: 6.1 Accept the Subdivision Monumentation in Tract No. 24134-1; 6.2 Authorize release of the Subdivision Monumentation security; 6.3 Direct. the City Clerk to so advise the Developer and Surety. R:\Agenda\052797 3 7 8 9 10 Accept Public Improvements in Tract No. 22916-3 (Located at the Northwesterly corner of the intersection of Pauba Road at Butterfield Stage Road) RECOMMENDATION: 7.1 Accept the Public Improvements in Tract No. 22916-3; 7.2 Authorize the initiation of the one-year warranty period, reduction of the Faithful Performance Street and Drainage, and Water and Sewer security amounts, and release of the Subdivision Monument security; 7.3 Direct the City Clerk to so advise the Developer and Surety. Amendment No. 1 to the Electrical Agreement for Maintenance of Signal and Lighting Systems on State Highways RECOMMENDATION: 8.1 Approve an Amendment No. 1 to the Electrical Agreement for Maintenance of Signal and Lighting Systems on State Highways with the State 'Department of Transportation. Acceptance of Public Street into the City-Maintained Street System (Within Tract No. 22716-2) (Located Northerly of the intersection of Meadows Parkway at Rancho Vista Road) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREET INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 22716-2) Acceptance of Public Streets into the City-Maintained Street System IWithin Tract No. 22916-3) (Located at the Northwesterly corner of the intersection of Pauba Road al~ Butterfield Stage Road) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 22916-3) R:\Agenda\052797 4 11 Acceptance of Sewer Easements Within Lots 27 and 28 - Tract No. 71067 (Located adjacent to Pala Road Community Park) RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE GRANT OF SEWER EASEMENTS WITHIN LOTS 27 AND 28 OF TRACT NO. 21067 11.2 Authorize the City Clerk to record the Grant of Easement Documents. 12 Revisions to City of Temecula Travel Policy RECOMMENDATION: 12.1 Approve the revised City of Temecula Travel Policy. 13 Financial Statements for the Nine Months Ended March 31, 1997 RECOMMENDATION: 13.1 Recieve and file the Combining Balance Sheets as of March 31, 1997, the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Nine Months Ended March 31, 1997. 14 Award a Professional Services Agreement to Tom Dodson and Associates to Perform Services to Administer and Implement the Mitigation Monitoring Programs for the Temecula Regional Center Specific Plan Environmental Impact Report and the Campos Verdes Specific Plan Environmental Impact Report RECOMMENDATION: 14.1 Award- a Professional Services Agreement in the amount of $30,000 to Tom Dodson and Associates to perform services to administer and implement the Mitigation Monitoring Program for the Temecula Regional Center Specific Plan Environmental Impact Report and authorize the City Manager to sign the agreements after the initial funding deposits have been made. 14.2 Award a Professional Services Agreement in the amount of $30,000 to Tom Dodson and Associates to perform services to administer and implement the Mitigation Monitoring Program for the Campos Verdes Specific Plan'Environmental Impact Report and authorize the City Manager to sign the agreements after the initial funding deposits have been made. R:\Agenda\052797 5 17 18 15 16 Contract Inspection Services for Building and Safety RECOMMENDATION: 15.1 Approve an additional payment in the amount of $11,215 to J.A.S. Pacific Consulting Services, Inc., to provide building inspection services to the Building and Safety Department. Local Government Subvention Fund Match Program RECOMMENDATION: 16.1 Authorize projects proposed to be constructed using AB2766 Subvention Funds Match (20%) and other funds provided by the C~ty (80%); '. 16.2 Commit the City to the Project Milestone Schedules reflected in the application package; 16.3 Allocate AB2766 Subvention Funds and other funds to the proposed projects; 16.4 Authorize the Mayor to execute two (2) copies of the contract provided in the application package. Selection of Vendor and Appropriation of Grant Funds RECOMMENDATION: 17.1 Appropriate $45,525 to purchase a command post trailer for Police Department use from Universal Specialty Vehicles in Riverside, California. David Turch and Associates RECOMMENDATION: 18.1 Retain the public advocacy firm of David Turch and Associates to assist the City'in pursuing federal funding opportunities for infrastructure needs. R:\Agen~a~052797 6 19 2O Second Reading of Ordinance No, 97-08 RECOMMENDATION: 19.1 Adopt an ordinance entitled: ORDINANCE NO, 97-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMIECULA, AMENDING SECTION 10.28.010(d) OF THE TEMIECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMIT ON (1) MIRA LOMIA DRIVE NORTH OF RANCHO VISTA ROAD 12) CABRILLO AVENUE BETWEEN JEDEDIAH SMITH ROAD AND VALLEJO AVENUE Second Reading of Ordinance No. 97-09 RECOMMENDATION: 20.1 Adopt an ordinance entitled: ORDINANCE NO. 97-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEIVlECULA AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW CHAPTER ENTITLED "PUBLIC FACILITIES DEVELOPMIENT IMPACT FEE" R:\Agenda\052797 7 JOINT MEETING OF THE CITY COUNCIL, TEMECULA REDEVELOPMENT AGENCY, OLD TOWN COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AND THE OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY CALL TO ORDER AND ROLL CALL: Temecula Redevelopment Agency - Chairperson Steven J. Ford Old Town Community Facilities District Financing Authority - Chairperson Karel F. Linderoans Old Town Westside Improvement Authority - Chairperson Karel F. Linderoans Financings for Old Town Area Public Improvements and the Western Bypass Corridor RECOMMENDATION: 1. i Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEIVIECULA TERMINATING THE OLD TOWN/WESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AND THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY 1.2 That the City Council adopt a resolution entitled: RESOLUTION NO. 97° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 96-55 TO ALLOW FOR IMMEDIATE ABANDONMENT OF ASSESSMENT PROCEEDINGS 1.3 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TERMINATING THE OLD TOWN/WESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AND THE OLD TOWN/WESTSlDE IMPROVEMENT AUTHORITY R:\Agenda\052797 1.4 That the Board of Directors adopt an ordinance entitled: ORDINANCE NO. FA 97-01 AN ORDINANCE OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DISSOLVING THE OLD TOWN/WESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) RECESS CITY COUNCIL MEETING, TEMECULA REDEVELOPMENT MEETING, OLD TOWN/WESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING THE OLD TOWN/WESTSlDE IMPROVEMENT AUTHORITY MEETING R:\Agenda\05~'797 9 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 97-01 Resolution: No. CSD 97-06 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemarts, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Boar~ of Directors on an item not. listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" before the Board of Directors gets to that item. individual speakers. form must be filed with the City Clerk There is a five (5) minute time limit for Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 13, 1997. 2 Financial Statements for the Nine Months Ended 3/31/97 for Temecula Community Services District RECOMMENDATION: 2.1 Review and file the Combining Balance Sheet as of March 31, 1997 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1997. R:\Agencla\052797 I 0 2.2 Approve an appropriation of $304,914 for an operating transfer from the Capital Project Fund to the City's Development Impact Fee Fund. DISTRICT BUSINESS 3 Appeal of 1996-97 TCSD Rates and Charges, Temecula Creek Inn Golf Course RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DENYING THE APPEAL BY REGENCY PROPERTIES OF FISCAL YEAR 1996-97 RATES AND CHARGES LEVIED AGAINST THE TEMECULA CREEK INN DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: June 10, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda~052797 ~ 1 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 97-01 Resolution: No. RDA 97-02 RECONVENE MEETING: Chairperson Steven J. Ford presiding ROLL CALL: AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Redevelopment Agen.:';.' on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 13, 1997. 2 Financial Statements for the Nine Months Ended March 31, 1997 RECOMMENDATION: 2.1 Receive and file the Combining Balance Sheet as of March 31, 1997 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1997. 2.2 Approve the recommended budget adjustments per "Schedule A". R:\Agenda\052797 12 JOINT MEETING OF THE CITY COUNCIL AND THE TEMECULA REDEVELOPMENT AGENCY RECONVENE CITY COUNCIL MEETING: Mayor Birdsall PUBLIC HEARINGS Any person may submit written comments to the City Council/Redevelopment Agency before a. public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 3 Amscan Inc. Owner Participation Agreement RECOMMENDATION: 3.1 3.2 That the City Council adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATING AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND AMSCAN INC., A NEW YORK CORPORATION That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AMSCAN INC., A NEW YORK CORPORATION RECESS CITY COUNCIL MEETING AGENCY BUSINESS Facade Improvement Program Amendment RECOMMENDATION: 4.1 R:\Agenda\052797 Amend the Facade Improvement and Non-conforming Sign Removal Program. 13 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: June 10, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\052797 14 OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY Next in Order: Resolution No.: FA 97-02 RECONVENE MEETING: Chairperson Karel F. Lindemans ROLL CALL: Birdsall, Ford, Roberts, Stone, Lindemans PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the agenda. Speakers are !imited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 13, 1997. ADJOURNMENT R:\Agenda\052797 15 OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY Next in Order: Resolution: No. IA 97~01 RECONVENE MEETING: Chairperson Karel F. Lindemans ROLL CALL: Birdsall, Ford, Roberts, Stone, Lindemans PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address th~. Council on items that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda, a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of May 13, 1997. ADJOURNMENT R:\Agenda~052797 16 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences. delivered to the City Clerk at, or prior to, the public hearing. 21 Planning Application No. PA97-0030 Amendment and Restatement of Development Agreement No. 5 for portions of TM 23100, TM 23101, TM 23103 and TPM 28503, within Specific Plan No. 199 RECOMMENDATION: 21.1 Adopt the Negative Declaration for Planning Application No. PA97-0030. 21.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND 8RAMALEA CALIFORNIA, LLC FOR TM 23100, 23101, 23103 AND TPM 28503, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA97-0030) COUNCIL BUSINESS 22 Award of Professional Services Agreement for Weed Abatement Services RECOMMENDATION: 22.1 Presentation by Captain Brad Harris, Riverside County Fire Department Hazard Reduction Manager. 22.2 Approve a Professional Services Agreement, for Weed Abatement Services, with Fire Protection Services, Inc. R?,Agenda\052797 17 DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next meeting: CIP Workshop, June 3, 1997, 6:30 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. Next regular meeting: June 10, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\052797 18 'PROCLAMATIONS/ PRESENTATIONS C ty of PROCLAMATION WHEREAS, the pun, ose of the Temecula Arts Council is ~ s6mula~ the growth of visual and performing arts within the community; and V~HEREAS, the Arts Council is further dedicated to the promotion and facilitation of education relative to the arts; and V/HEREAS, a further goal is to assist individual artists and art organizations and to crea~e a network for coordination and sharing of resources; and VVrHEREAS, the Temecula Arts Council desires to encourage construction of facilities to house and enhance performing arts; and V/HEREAS, the Arts Council will sponsor the Seventh Annual Arts Festival this year begi~'nning June 1, 1997, featuring art displays inclu,llng a children's Attain-the- Park, an art show, singers, dancers, instrumental performances, and a talent showcase. NOW, THEREFORE, I, Patricia H. Birdsall, on behalf of the City Council of the City of Temecula, hereby proclaim the week of June 1st, 1997, to be IN W/TNESS WHEREOF, I have hereunte set my hand and caused the Seal of the City of Temecula to be affixed this 27th day of ~V~[ay, 1997. Patricia H. Birdsall, ~V~ayor Susan W. Jones, CMC Deputy City Clerk City of T me ul PROCLAMATION WHEREAS, exporfing is the highest priority of the U.S. Department of Commerce, and it is neoessary to encourage American businesses to take advantage of the unprecedented profit opportunities currently available; and WHEREAS, the United Safes exported approximafely $836 billion in merchandise in 1996, provi,ling approximafely 7.6 million job opportunities; anti VffHEREAS, the Inland Empire alone has totaled more than $1.85 million in export sales in the past year; and WHEREAS, the re~ion supports over $,000 manufacturers in industries such as the manufacau4ng of automotive and related equipment, housing, recreational vehicles, medical devices, environmental products and wasfe wafer treatment; and WHEREAS, the Inland Empire has achieved an export growth rate of 69.7% since 1993 and is the ninth largest exporting re~ion in the Western U.S.; and WHEREAS, it is fitting and proper as Mayor to aid in the promotion and growth of export opportunities for many local businesses; NOW, THEREFORE, I, Patricia H. Birdsall, on behalf of the City Council of the City of Temecula, hereby proclaim May 27th, 1997 to be IN WITNESS WHEREOF, I have hereunto set my hand and caused the SeA of the City of Temecula to be affixed this 27th day of May, 1997. Patricia H. Birdsall, Mayor Susan W. Jones, CMC Deputy City Clerk ITEM 1 ITEM 2 MINUTES OF A SPECIAL MEETING OF THE TEMECULA CITY COUNCIL MAY 8, 1997 A special meeting of the Temecula City Council was called to order on Thursday, May 8, 1997, 7:05 PM at the Temecula City Council Chambers, 43200 Business Park Drive, Temecula, California, Mayor Pro Tern Roberts presiding. PRESENT: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone ABSENT: 1 COUNCILMEMBERS: Birdsall Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and Deputy City Clerk Susan Jones. FLA~ RAI lITE The audience was led in the flag salute by Councilmember Lindemans. ~.ITY I~.CI!IN~IL RI::PCJRT.~ Mayor Pro-Tern Roberts asked that City public hearing signs be taken down as soon as possible after the matter has been heard. PUBLIC HEARINGS Development Impact Fees City Manager Ron Bradley presented the staff report. Mayor Pro Tem Roberts asked where the matrix comparison spreadsheet originated. Mr. Bradley stated it was developed by representatives of the development community for inclusion in the Council's package. Mayor Pro Tern Roberts stated he had been approached to allow speakers who turned in Requests to Speak after the agenda items began. He explained a major accident on 1-15 was delaying some speakers. It was the consensus of the Council to hear speakers with a five- minute limitation. Mayor Pro Tem Roberts opened the public hearing at 7:32 PM. Deputy City Clerk Susan Jones read a letter from David Lowry into the record. Don Goldberg, 6030 Waverly Avenue, La Jolla, representing Colliers International, stated there is a need to create incentives for developers to come to Temecula and asked the DIF fee be reviewed on an annual basis. R:~Agerxla\060897 Lyle Peterson, 29834 Corte Granada, representing Hope Lutheran Church, complimented the Council for their stand against charging fees to religious institutions. Lon Brusegard, 42075 Avenida Alvarado, representing Southwest Riverside Manufacturers Council, stressed maintaining Temecula's quality of life through retaining and encouraging businesses to locate in Temecula. Jeff Minkler, 30410 Del Rey Road, asked the Council to keep the fees low in order to stimulate the economy. Dennis O'Neil, 19900 MacArthur Blvd, Suite 1050, Irvine, representing Newland Associates, asked whether the agreements allowing a reduction in fees referenced in the resolution and ordinance are statutory or government code agreements. City Attorney Thorson replied the agreement to reduce fees is not a statutory agreement, but an agreement between the City and the developer. Mr. O'Neil questioned 15.06.040 (a) of the ordinance requiring approval of any reduction for ClP improvements prior to construction of the improvement. Mr. Thorson stated it would be appropriate to come back to the credit issue at a later time. Mr. O'Neil stated 6(d) of the proposed resolution states reductions are not transferable and would like the ability to have credits transferred from the master developer to the merchant builder within a project. City Attorney Thorson asked to defer the issue until he has consulted with staff. Director of Community Services Shawn Nelson stated staff has agreed credits will be provided for private park development. Bob Kirkpatrick, 27740 Jefferson, representing Temecula Valley Economic Development Corporation expressed his opposition to the impact fees as they will severely impact today's businesses. Les Young, 4800 Corbin Avenue, Tarzana, stated his opposition, due to the local economy starting to grow and the DIF fees could stop that growth. Chris Smith, 12625 Highbluff Dr., San Diego, representing Land Grant Development, stated retail DIF fees plus assessments are inequitable. He stated Temecula is not competitive with surrounding areas, and there should be consideration given for credits. Marty Smith, 41790 Winchester Road, stated his opposition to the fee as the market is not here to absorb the recommended fee at this time and urged the Council to eliminate the sphere of influence. R:~.gends\060897 ~ Mayor Mayor PM. Dan Walker, 4940 Helix Hills Terrace, La Mesa, stated the market has not substantially changed since the April 8, 1997 meeting and asked that the industrial fee be phased over a reasonable period of time. Bill Dendy, 41975 Winchester Road, representing Westside Business Center, asked the fees to be phased in. Steve Beire, 417 Carmel Street, //200, San Marcos, spoke in opposition to the fee and asked that the sphere of influence element be eliminated. Pro Tem Roberts closed the public hearing at 8:39. Pro Tern Roberts recessed the meeting at 8:39 PM and the meeting was reconvened at 8:58 Councilmember Lindemans asked for a discussion of the April 8, 1997 issues. It was moved by Councilmember Lindemans, and seconded by Mayor Pro Tem Roberts to eliminate the sphere of influence from the DIF inventory. The motion carried as follows: AYES: 3 COUNCILMEMBERS: Ford, Lindemans, Roberts NOES: 1 COUNCILMEMBERS: Stone ABSENT: 1 COUNCILMEMBERS: Birdsall It was moved by Councilmember Lindemans, and seconded by Councilmember Stone to approve a residential development fee of $2,114/attached house and $2,934/detached house. The motion was carried unanimously. Councilmember Lindemans suggested a sliding scale fee for retail, commercial and industrial starting at 50% of the proposed fees with an annual incremental increase of 10 percent over a five-year period. It was moved by Councilmember Lindemans, and seconded by Councilmember Ford, to set the development impact fees at 60% of the proposed fee, with an annual 10 percent incremental increase over seven (7) years, and a mandatory annual review of the fee structure at the time of the Capital Improvement Program review. Mr. Bradley pointed out this study should exist for several years, and it is staff's understanding the Council wants an opportunity to approve any percentage change on an annual basis. R:~Agenda~050897 :~ The motion carried as follows: AYES: 3 NOES: 1 ABSENT: 1 COUNCILMEMBERS: Ford, Lindemans, Roberts COUNCILMEMBERS: Stone COUNCILMEMBERS: Birdsall Mr. Bradley stated the attorneys need to review the ordinance and resolution to make the necessary changes, and the matter will be placed on the agenda at the May 13, 1997 meeting. Councilmember Ford mentioned Mr. Brusegard's comments about a north-south corridor and stated there is a need to have proper information given to the Murrieta City Council along with lobbying by the manufacturing group for Diaz Road improvement. Mr. Bradley stated an addendum will be on the May 13, 1997 agenda; staff's intent is to take all development agreement reference out of the ordinance because they are permitted under general law and it is staff's understanding the Council is not agreeable to doing development agreements to give credits because fees were lower than recommended. AF3JQLIRNMENT It was moved by Councilmember Stone, and seconded by Councilmember Lindemans to close the special meeting at 10:35 PM. The motion was carried unanimously. The next regular meeting of the Temecula City Council will be held on Tuesday, May 13, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Mayor Patricia H. Birdsall June S. Greek, City Clerk R:~Agenda~E0897 4 ITEM 3 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $1,130,445.15 Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 27th day of May, 1997. ATI'EST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] R¢sos/LOD 1 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 27th day of May, 1997 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk R¢sos/LOD 2 CITY OF TEMECULA LIST OF DEMANDS 05/08/97 TOTAL CHECK RUN: 05/15/97 TOTAL CHECK RUN: 05/27/97 TOTAL CHECK RUN: 05/15/97 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 05127197 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL $ 513,822o77 165 RDA-LOW/MOD 33,395.17 190 COMMUNITY SERVICES DISTRICT 62,830.84 191 TCSD SERVICE LEVEL A 5,085.29 192 TCSD SERVICE LEVEL B 23,824~12 193 TCSD SERVICE LEVEL C 10,916.07 194 TCSD SERVICE LEVEL D 550~45 195 TCSD SERVICE LEVEL R 243.84 210 CAPITAL IMPROVEMENT PROJ (CIP) 157,875.82 280 RDA-CIP 101,179.80 300 INSURANCE 31,910.55 310 VEHICLES FUND 27,851.14 320 IN FOR MATIONS SYSTE MS 12,013.77 330 SUPPORT SERVICES 292.66 340 FACl LITI ES 8,152.06 390 TCSD DEBT SERVICE 10.00 $ 126,042.41 241,883.07 622,028.87 140,490.80 $ 1,130,445.15 $ 989,954.35 PAYROLL: 001 GENERAL $ 96,486.67 165 RDA-LOW/MOD 1,732.28 190 TCSD 28,010.24 191 TCSD SERVICE LEVEL A 70.34 ~ 92 TCSD SERVICE LEVEL B 175.86 t 93 TCSD SERVICE LEVEL C 2,748.48 194 TCSD SERVICE LEVEL D 1,003.89 280 RDA-ClP 3,034.31 300 iNSURANCE 616.85 320 INFORMATION SYSTEMS 2,593.99 330 SUPPORT SERVICES 841.44 340 FACl LITI ES 3,176.45 TOTAL BYFUND: 140,490.80 1,130,445.15 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT~ HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 05/15/97 15:43 CITY OF TEMECULA VOUCHER/CNECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 310 VEHICLES FUND AMOUNT 381,262.08 4,020.19 8,053.90 5,920.00 92,990.17 95,447.75 6,483.64 27,851.14 TOTAL 622,028.87 VOUCHRE2 05/15/97 VOUCHER/ CHECK NUMBER 43478 43479 43479 43480 43480 43480 43481 43481 43481 43481 43481 43482 43483 43483 43483 43484 43484 43484 43485 43486 43486 43487 434~) 43488 43489 43490 43490 43491 43491 43491 43491 43491 43491 43491 43491 43491 43491 43491 15:43 CHECK DATE 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 VENDOR NUMBER 001916 002723 002723 002577 002577 002577 001056 001056 001056 001056 001056 001550 002468 002468 002468 002416 002416 002416 002499 002046 002046 000883 001383 001383 002654 002412 002412 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 VENDOR NAME ALBERT A. WEBB ASSOCIAT APPLIED CONCEPTS, INC. APPLIED CONCEPTS, INC. ENGINEERING RESOURCES ENGINEERING RESOURCES ENGINEERING RESOURCES EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE FIRST PACIFIC NATIONAL GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENESIS CONSTRUCTION GENESIS CONSTRUCTION GENESIS CONSTRUCTION L.D. KING, INC. MASTER K 9 INC MASTER K 9 INC MONTELEONE EXCAVATING P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. RANCHO FORD LINCOLN HER RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RIVERSIDE CO~ SHERIFF'S RIVERSIDE CO. SHERIFF'S RIVERSIDE CO. SBERIFF~S RIVERSIDE CO. SNERIFF~S RIVERSIDE COo SNERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SNERIFF'S RIVERSIDE CO. SNERIFF~S RIVERSIDE CO. SHERIFF~S RIVERSIDE CO. SBERIFF~S RIVERSIDE CO. SBERIFF~S CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MAR PRGSS-PAVEMENT MNGT SYSTEM STALKER STATIONARY RADAR TAX O.T.UTILITY UNDERGROUND STUDY O.T.UTILITY UNDERGROUND STUDY CREDIT: MULTIPLICATION ERROR LDSC IMPROV-VARIOUS LOCATIONS LDSC IMPROV-VARIOUS LOCATIONS LDSC IMPROV-VARIOUS LOCATIONS LDSC IMPROV-VARIOUS LOCATIONS LDSC IMPROV-VARIOUS LOCATIONS RET:ESCRON ACCT-GENESIS ~ APR PRG PMT-6TH ST PARKING LOT APR C/O PRG PMT#8-6TH STREET RETENTION W/H PMT#8-6TN STREET APR PRG PMT#9-WALCOTT CORRIDOR APR C/O PMT~-WALCOTT CORRIDOR RETENTION W/H PMT#9-WALCOTT APR PROF SVCS-WINCHESTER/I-15 POLICE DOG FOR TEM POLICE DEPT TAX CLEAN-UP OF DESILTING PONDS APRIL RDA CONSULTANT SERVS APRIL RDA CONSULTANT SERVS 97 EXPLORER-1FMDU34ESVZB71638 JANUARY 97 LEGAL SERVICES JANUARY 97 LEGAL SERVICES FIELD TRAINING - NEW DEPUTY 2/13-3/12/97 LAW ENFORCEMENT 2/13-3/12/97 LAW ENFORCEMENT 2/13-3/12/97 LAW ENFORCEMENT 2/13-3/12/97 LAW ENFORCEMENT 2/13-3/12/97 LAW ENFORCEMENT 2/13-3/12/97 LAW ENFORCEMENT 2/13-3/12/97 LAW ENFORCEMENT 2/13-3/12/97 LAW ENFORCEMENT 2/13-3/12/97 LAW ENFORCEMENT 2/13-3/12/97 LAW ENFORCEMENT ACCOUNT NUMBER 210-165-655-5802 001-170-999-5610 001-170-999-5610 280-199-999-5248 280-199-999-5248 280-199-999-5248 193-180-999-5415 193-180-999-5415 193-180-999-5415 193-180-999-5415 193-180-999-5415 210-1035 280-199-804-5804 280-199-804-5804 280-2035 210-165-637-5804 210-165-637-5804 210-2035 280-199-602-5801 001-170-999-5327 001-170-999-5327 001-164-601-5401 280-199-999-5248 165-199-999-5248 310-1910 300-199-999-5246 001-130-999-5246 001-170-999-5299 001-170-999-5288 001-170-999-5299 001-170-999-5298 001-170-999-5294 001-170-999-5289 001-170-999-5291 001-1230 001-170-999-5281 001-170-999-5282 001-170-999-5262 ITEM AMOUNT 9,642.70 4,860.00 376.65 6,521.74 6,920.54 1.20- 675.00 4,500.00 250.00 375.00 120.00 7,151.93 68,396.00 2,777.88 7,117.39- 68,615.50 2,903.85 7,151.93- 13,930.00 5,500.00 426.25 6,500.00 4,020.18 4,020.19 27,851.14 6~483.64 5,627.59 20,038.40 197,839.03 32,143.29 19,067.45 9,027.20 5,353.90 5,854°40 5,854.40 23,703=19 2~784.00 12,556.33 PAGE 1 CHECK AMOUNT 9~642o70 5,236.65 13,441.08 5,920.00 7,151.93 64,056.49 64,367.42 13,930.00 5,926.25 6,500.00 8,040.37 27,851.14 12,111.23 334,221.59 S~33H3 9VIOl 06'£50~B INnOHV ~33H3 ~Z'6zq Z9'~Z~'Z O0'OqZ'£Z ZOgS'Z~9-g9L-OLZ SSVdA8 NM31S3~-S3AS JOBd MYH NvI9nSNO3 3IJIDVd-SNVB£ OZ~000 Z6/ZZ/gO g6~£~ 95ZS-666-OgL-O6L XVI 95ZS-666-OgL-O6L IlON 3IlBnd:lIVW:SS330Bd:lNIBd ZO~O~ AO33dS BIS ~ZZZO0 Z6/ZZ/~O ~6~£~ ZO~O~ AO33d$ BI$ ~_2ZZO0 Z6/ZZ/50 5gZg-666-OOL-LO0 ABVBBI9 ¥9nD3H31 - BiD HI~ A3 ~0 AZID '3OISMgAIB 60ZZO0 Z6/ZZ/§O £6~£~ INnOH¥ B3BHnN NOIIdIB3S3Q ~HVN Ngl! INn033¥ H311 BOQN3^ LgLZO0 Z6/ZZ/gO LgLZO0 Z6/ZZ/50 Z69£~ Z6/ZZ/gO Z6/ZZ/gO Z6/ZZ/~O Z6~£~ a38NnN ~lVO B3BHfiN BOON3^ ]33H3 ~33H3 /BgHOnO^ SOOIB3d 99V BO~ ~]1S19~ ]33H3/B3HDflOA £~:5~ Z6/5~/50 Z3~HDflOA O0'OL Z£'66G'Z ~6'~Z~'~ ~ ~' ~S~'6 ~LL'~£ Z9'~LL'~ gO'~g'£~ 96'~£~ ~Y'9Y9'9£ 06'0Z6'£ £L'Z~g'60L J. NnOH¥ 1VIOl 331Aa3S 1830 QS31 06£ S]IIIII3V~ 0~£ S331AB3S laoddns 0££ $W31SXS NOI1¥WBOgN! 0~£ anna 33NVanSNI 00£ dI3 - ADN39V IN3NdOI3A303B 0~ anna road £N3W3AOadWI l¥1IdV3 B 93^39 3~I^a35 a 93^39 3~I^B35 a$ol ~OL ~ 93^39 3~1^B35 a$ol £~ B 93^39 3~I^B35 ~$~1 ~L ¥ 93^39 3~1^B35 05~1 L~L ON~a 9¥a3N3~ anna 0 L 3~)Vd SOOIB3d llV ~Oa ~3LSID3B ~33HD/a3HDnOA VlnD3H31 aO AII3 B~:~L Z6/SL/50 ~3uH3no^ VOUCHRE2 CITY OF TEMECULA 05/15/97 14:48 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 43359 05/14/97 3CMA ENTRY FEE FOR SAVVY AWARDS 280-199-999-5270 455.00 455.00 51597 05/15/97 000444 INSTATAX (EDD) 000444 SDI 001-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 SD! 165-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 SDI 190-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 SDI 193-2070 51597 05/15/97 000444 1NSTATAX (EDD) 000444 SDI 280-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 SDI 340-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 001-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 165-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 190-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 191-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 192-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 193-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 194-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 280-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 300-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 320-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 330-2070 51597 05/15/97 000444 INSTATAX (EDD) 000444 STATE 340-2070 44.43 4.15 59.43 1.54 4.10 3.71 3,926.54 54.38 776.91 1.63 3.80 67.53 24.11 108.17 41.02 116.06 23.29 28.74 5,289.54 789428 05/15/97 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 FEDERAL 165-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 FEDERAL 190-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 FEDERAL 191-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 FEDERAL 194-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 789428 05/15/97 000283 1NSTATAX (IRS) 000283 FEDERAL 300-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 FEDERAL 330-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 190-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 191-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 192-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 330-2070 789428 05/15/97 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 14,776.22 159.74 3,517.37 8.92 22.13 342.82 138.30 336.96 133.49 510.82 101.15 220.61 3,578.32 58.76 1~015.79 2.38 6.10 94.87 38.79 103.82 24.15 103.98 28.42 104.81 25,428.72 43362 05/15/97 002539 3CMA/CITY COMMUNICATION SAVVY AWARD ENTRY FEE 280-199-999-5270 65.00 65.00 43363 05/15/97 002786 4N6XPRT SYSTEMS 1997 UPDATE-EXPERT AUTOSTATS 001-170-999-5221 43363 05/15/97 002786 4N6XPRT SYSTEMS FREIGHT 001-170-999-5221 43363 05/15/97 002786 4N6XPRT SYSTEMS TAX 001-170-999-5221 125.00 19.75 9.69 154.44 VOUCHRE2 05/15/97 VOUCHER/ CHECK NUMBER 43364 43365 43365 43365 43366 43366 43366 43367 43368 43369 43369 43369 43370 43371 43372 43373 43373 43374 43375 43375 43376 43377 43378 43379 43379 43379 43379 43379 43379 43380 43380 43380 43380 43381 14:48 CHECK VENDOR VENDOR DATE NUMBER NAME 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 001587 A P W A 001314 001314 001314 AMERICAN PLANNING ASSN. AMERICAN PLANNING ASSN. AMERICAN PLANNING ASSN. 000101 APPLE ONE, INC. 000101 APPLE ONE, INC. 000101 APPLE ONE, INC. 002158 ASAP SRVC/MORTON INTERN BARNES, VICKI BRITLAND CORPORATION BRITLAND CORPORATION BRITLAND CORPORATION BURROW, KATY ANN & JOHN 000837 CALIFORNIA FRANCHISE TA 000131 CARL WARREN & CO., INC. 000442 COMPUTER ALERT SYSTEMS 000442 COMPUTER ALERT SYSTEMS 002106 DA FAMILY SUPPORT 000155 DAVLIN 000155 DAVLIN 002701 DIVERSIFIED RISK DURFEE, CHRISTINA 002712 ECONOMIC & POLITICAL AN 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 000165 000165 000165 000165 FEDERAL EXPRESS~ INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. 000166 FIRST AMERICAN TITLE CO CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION MB:D.SPAGNOLO:9/1/97-8/31/98 1997 AWARDS PROGRAM - 5/21/97 1997 AWARDS PROGRAM - 5/21/97 1997 AWARDS PROGRAM - 5/21/97 TEMP HELP W/E 4/19 C.CERASANI TEMP HELP W/E 4/19 J.COMYNS TEMP HELP N/E 4/26 J.COMYNS JOINT CK-RELEASE STOP NOTICE REFUND: VOLLEYBALL CLINIC REFUND:NOT CTY LIMITS/B97-0808 REFUND:NOT CTY LIMITS/B97-0808 REFUND:NOT CTY LIMITS/B97-0808 SETTLEMENT OF CLAIM # 97-209 D-1838546 FORM 199/FILING FEE CLAIMS SERVICES - APRIL 97 SECURITY EQUIPMENT/MAINT.YARD ALARM MONITORING SVCS/APR-JUNE 002106 SUPPORT TAPING-PLANNING COMM.MTG-5/05 TAPING OF COUNCIL MTG 5/13/97 SPECIAL EVENT INSURANCE APR 97 REFUND: CONTRACTED CLASS ECONOMIC CONSULTING SVC-APR 97 LDSC MAINTENANCE-RIDGEVIEW LDSC REPAIRS-WOODCREST COUNTRY LDSC REPAIRS-R.V. SPORTS PARK REPAIR MAINT. - SIGNET SERIES LDSC MAINTENANCE-WINCHESTER CK CREDIT:EXCEEDS CONTRACT AGRMNT EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES LOT BOOK REPORT-F.ONT[VEROS ACCOUNT NUMBER 001-165-999-5226 280-199-999-5260 001-161-999-5260 001-162-999-5260 001-161-999-5118 001-161-999-5118 001-161-999-5118 001-2038 190-183-4982 001-2290 001-162-4200 001-162-4285 300-199-999-5207 390-199-999-5227 300-199-999-5205 210-190-144-5804 340-199-702-5250 190-2140 001-161-999-5250 001-100-999-5250 300-2180 190-183-4982 280-199-999-5248 193-180-999-5415 193-180-999-5212 190-180-999-5415 193-180-999-5212 193-180-999-5415 193-180-999-5212 001-150-999-5230 001-162-999-5230 001-161-999-5230 280-199-999-5230 165-199-999-5250 ITEM AMOUNT 90.00 58.00 82.00 30.00 48.50 132.10 198.66 16,837.03 39.00 1.41 121.50 240.00 1~655.94 10.00 4,992.25 2,645.00 135.00 82.50 156.68 816.32 87.18 28.00 1,000.00 594.00 155.06 271.14 50.00 60.00 40.00- 9.69 28.06 15.56 9.69 150.00 PAGE 2 CHECK AMOUNT 90.00 170,00 379,26 16,837,03 39.00 362,91 1,655,94 10.00 4,992.25 2,780°00 82.50 973.00 87.18 28.00 1,000.00 1,090.20 63.00 VOUCHRE2 05/15/97 14:48 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK NUMBER DATE VENDOR NUMBER VENDOR NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 43381 05/15/97 43382 05/15/97 43383 05/15/97 000166 000643 000184 FIRST AMERICAN TITLE CO FORTHER HARDWARE, INC. G T E CALIFORNIA - PAYM LOT BOOK REPORT:ANTHONY WHITE MISC. SUPPLIES FOR ST. MAINT. 909 699-0590:ALARM LINES PTA 165-199-999-5250 001-16/,-601-5218 320-199-999-5208 150.00 82.33 55.30 300.00 82.33 55.30 43384 05/15/97 43384 05/15/97 43385 05/15/97 43385 05/15/97 43386 05/15/97 43386 05/15/97 43386 05/15/97 43386 05/15/97 43386 05/15/97 43386 05/15/97 001355 001355 002141 002141 002528 002528 002528 002528 002528 002528 G T E CALIFORNIA, INC. G T E CALIFORNIA, INC. GELS, PAUL GEIS, PAUL GLASS BLASTERS GLASS BLASTERS GLASS BLASTERS GLASS BLASTERS GLASS BLASTERS GLASS BLASTERS APR ACCESS-RVSD CO. OPEN LINE APR ACCESS-RVSD CO. OPEN LINE REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES RECOGNITION PROGRAM AWARDS RECOGNITION PROGRAM AWARDS RECOGNITION PROGRAM AWARDS RECOGNITION PROGRAM AWARDS TAX CREDIT: DID NOT PURCHASE 320-199-999-5208 320-199-999-5208 001-170-999-5214 001-170-999-5214 001-150-999-5265 001-150-999-5265 001-150-999-5265 001-150-999-5265 001-150-999-5265 001-150-999-5265 350.00 305.00 50.00 100.00 136.00 54.00 44.00 10.00 18.91 10.77- 655.00 150.00 252.14 43387 05/15/97 43387 05/15/97 43387 05/15/97 43387 05/15/97 43387 05/15/97 43387 05/15/97 43387 05/15/97 000177 000177 000177 000177 000177 000177 000177 GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT OFFICE SUPPLIES-TEM.P.D. OFFICE SUPPLIES FOR TEM.P.D. OFFICE SUPPLIES - CITY CLERK OFFICE SUPPLIES - CITY CLERK OFFICE SUPPLIES FOR CRC OFFICE SUPPLIES - SR CENTER CREDIT: RETURNED MERCHANDISE 001-170-999-5610 001-170-999-5610 001-120-999-5220 001-120-999-5220 190-182-999-5220 190-181-999-5220 190-180-999-5220 19.85 31.14 193.48 247.35 52.22 9.75 44.55- 509.24 43388 05/15/97 43388 05/15/97 43388 05/15/97 000178 000178 000178 GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO COMPUTER SOFTWARE & SUPPLIES FREIGHT TAX 320-199-999-5221 320-199-999-5221 320-199-999-5221 450.00 5.00 34.87 489.87 43389 05/15/97 43390 05/15/97 43391 05/15/97 43391 05/15/97 43391 05/15/97 002129 000378 000186 000186 000186 GREAT WEST CONTRACTORS, HAFELI, THOHAS HANKS HARDWARE, INC. HANKS HARDWARE, INC. HANKS HARDWARE, INC. RELEASE STOP NOTICE:PARKVIEW REIMB:SIERRA CF:4/29-5/2/97 MISC HARDWARE SUPPLIES TCSD MAINTENANCE SUPPLIES MISC HARDWARE SUPPLIES 210-2038 320-199-999-5258 001-171-999-5242 340-199-701-5212 001-162-999-5242 32,279.42 359.19 42.13 22.27 10.76 32,279.42 359.19 75.16 43392 05/15/97 HEATON, MELISSA REFUND: BEGINNING TUMBLERS 190-183-4982 36.67 36.67 43393 05/15/97 43393 05/15/97 43393 05/15/97 002098 002098 002098 HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES MOTORCYCLE PARTS/REPAIR-TEM.PD MOTORCYCLE PARTS FOR REPAIR MOTORCYCLE PARTS FOR REPAIR 001-170-999-5214 001-170-999-5214 001-170-999-5214 659.57 40.55 12.78 712.90 43394 05/15/97 43394 05/15/97 43394 05/15/97 43394 05/15/97 43394 05/15/97 000194 000194 000194 000194 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,564.95 I C M A RETIREMENT TRUS 000194 DEF COMP 165-2080 12.50 I C M A RETIREMENT TRUS 000194 DEF COMP 190-2080 545.03 I C M A RETIREMENT TRUS 000194 DEF COMP 193-2080 9.64 I C M A RETIREMENT TRUS 000194 DEF COMP 280-2080 12.50 2,144.62 VOUCHRE2 05/15/97 VOUCHER/ CHECK NUMBER 43395 43396 43397 43397 43397 43397 43397 43398 43399 43400 43401 43402 43403 43404 43404 43405 43406 43407 43407 43408 43408 43409 43409 43410 43411 43411 43412 43413 43413 43414 43415 14:48 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS CHECK VENDOR VENDOR DATE NUMBER NAME 05/15/97 000695 INSTITUTE OF TRANSPORTA 05/15/97 000199 INTERNAL REVENUE SERVIC 05/15/97 002493 INTERNATIONAL CONFERANC 05/15/97 002493 INTERNATIONAL CONFERANC 05/15/97 002493 INTERNATIONAL CONFERANC 05/15/97 002493 INTERNATIONAL CONFERANC 05/15/97 002493 INTERNATIONAL CONFERANC 05/15/97 IRELAND~ RICHARD 05/15/97 001894 JOHNSON FENCE COMPANY 05/15/97 JOHNSON~ CRYSTAL 05/15/97 JOHNSON~ JOHN 05/15/97 JOHNSON~ LAURA 05/15/97 002244 KEIRSEY~ CYNTHIA 05/15/97 001667 KELLY TEMPORARY SERVICE 05/15/97 001667 KELLY TEMPORARY SERVICE 05/15/97 000206 05/15/97 001123 05/15/97 001534 05/15/97 001534 05/15/97 001973 05/15/97 001973 05/15/97 002716 05/15/97 002716 05/15/97 002282 05/15/97 001658 05/15/97 001658 05/15/97 001891 05/15/97 000394 05/15/97 000394 05/15/97 001967 KINKO~S, INC. KNOX INDUSTRIAL SUPPLIE ITEM DESCRIPTION PUB:TRAFFIC MANUALS:PW 000199 IRS GARN SUB:TEMECULA FIRE DEPT - 1997 SUB:TEMECULA FIRE DEPT - 1997 SUB:TEMECULA FIRE DEPT - 1997 SUB:TEMECULA FIRE DEPT - 1997 TAX REFUND: BALLROOM DANCING SPORTS PARK IMPROVEMENT PROJ. REFUND: BALLROOM DANCING REFUND: APP.FEES / PA97-0132 REFUND: FINGERPRINTING FEES REIMBURSE:SCACEO COURSES/CERT. TEMP HELP W/E 4/27 J=EVANS TEMP HELP W/E 4/27 J.EVANS MISC. RECREATION SUPPLIES SMALL TOOLS & EQUIPMENT LA MASTERS OF FINE TRAV AIR:NAT'L MAIN ST CF:4/27:MEYE LA MASTERS OF FINE TRAV AIR:NATaL MAIN ST CF:4/27:MEYE LA SALLE LIGHTING SERVI LA SALLE LIGHTING SERVI LEONARD ENGINEERING LEONARD ENGINEERING LIEBER, CARON LIENHARD CONSULTING GRO LIENHARD CONSULTING GRO LINFIELD SCHOOL MAINTENANCE SUPERINTEND MAINTENANCE SUPERINTEND MANPOWER TEMPORARY SERV PARKING LOT LIGHTING REPAIR 1HR LABOR FOR LIGHTING REPAIR MAY PROF SRVCS-FIRE STATION#84 CREDIT:EXCEEDS CONTRACT AGRMNT TCSD INSTRUCTOR EARNINGS INTERNET WEB/SEARCH TRAINING INTERNET WEB/SEARCH TRAINING MAY 97 INTERIM FIRE ST LEASE MB:J.KICAK/B.BURON 7/1-6/30/98 MB:J.KICAK/B.BURON 7/1-6/30/98 TEMP HELP W/E 4/27 CASTILLO 05/15/97 000217 MARGARITA OFFICIALS ASS APR ADULT SOFTBALL UMPIRES ACCOUNT NUMBER 001-164-602-5228 001-2140 001-171-999-5228 001-171-999-5228 001-171-999-5228 001-171-999-5228 001-171-999-5228 190-183-4982 210-190-137-5804 190-183-4982 001-2660 001-170-4060 001-162-999-5261 001-163-999-5118 001-164-604-5118 190-180-999-5222 001-164-601-5242 165-199-999-5258 001-1170 190-184-999-5250 190-184-999-5250 210-190-626-5802 210-190-626-5802 190-183-999-5330 320-199-999-5261 320-199-999-5261 001-171-999-5470 001-164-604-5226 001-164-601-5226 001-164-604-5118 190-183-999-5380 ITEM AMOUNT 19.16 317.99 35.00 110.00 30.00 60.00 18.22 35.00 1,380.00 16.00 20.00 30.00 200.00 58.50 331.50 21.28 77.58 335.00 3.00 60.00 47.00 955.00 497.00- 160.00 3,000.00 300.00 600.00 35.00 15.00 545.30 2,662.00 PAGE 4 CHECK AMOUNT 19.16 317.99 253.22 35.00 1,380.00 16.00 20.00 30.00 200.00 390.00 21.28 77.58 338.00 107.00 458.00 160.00 3,300.00 600.00 50.00 545.30 2,662.00 VOUCHRE2 CITY OF TEMECULA 05/15/97 14:48 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 43416 05/15/97 002046 MASTER K 9 INC POLICE K-9 BASIC TRAINING 001-170-999-5327 1,800.00 43416 05/15/97 002046 MASTER K 9 INC TAX 001-170-999-5327 139.50 1,939.50 43417 05/15/97 002693 MATROS, ANDREA TCSD INSTRUCTOR EARNINGS 190-183-999-5330 336.00 336.00 43418 05/15/97 001384 MINUTEMAN PRESS B/W ENVELOPES W/SEAL: TCSD 190-180-999-5222 88.41 43418 05/15/97 001384 MINUTEMAN PRESS B/W LETTERHEAD STATIONARY:TCSD 190-180-999-5222 59.60 43418 05/15/97 001384 MINUTEMAN PRESS TAX 190-180-999-5222 11.47 159.48 43419 05/15/97 001007 N P G CORP. SLURRY SEAL CITY MAINT FACILIT 210-190-144-5804 1,230o00 1,230.00 43420 05/15/97 002139 NORTH COUNTY TIMES - AT ADVERTISING-LDSC TECH/REC COOR 001-150-999-5254 43420 05/15/97 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICE: PA97-0317 001-161-999-5256 90.00 45.21 135.21 43421 05/15/97 002292 OASIS VENDING COFFEE SERVICES FOR CITY HALL 340-199-701-5250 172.47 172.47 43422 05/15/97 002404 OMNIDATA CORPORATION ADAPTEC CONTROLLER/CDROM DRIVE 320-199-999-5221 905.10 905.10 43423 05/15/97 001171 ORIENTAL TRADING CO., I SUPPLIES FOR PRGMS @ TCC 190-184-999-5301 313.13 313.13 43424 05/15/97 OWEN, WILLIAM L. & JERR REFUND:PROPERTY TAX/FY 95-97 195-180-4005 121.92 43424 05/15/97 OWEN, WILLIAM L. & JERR REFUND:PROPERTY TAX/FY 95-97 195-180-999-5375 121.92 243.84 43425 05/15/97 002406 PACIFIC BUSINESS INTERI REDESIGN WKSTATION:C DOMENOE 001-161-999-5242 43425 05/15/97 002406 PACIFIC BUSINESS INTERI OFFICE FURNITURE FOR FIRE STAT 210-190-626-5610 1,370.69 122.12 1,492.81 43426 05/15/97 001561 PAGENET MAY - PAGING $ERV & RENTAL 001-100-999-5250 17.00 43426 05/15/97 001561 PAGENET MAY - PAGING SERV & RENTAL 001-162-999-5238 42.50 43426 05/15/97 001561 PAGENET MAY - PAGING SERV & RENTAL 001-170-999-5242 78.00 43426 05/15/97 001561 PAGENET MAY - PAGING SERV & RENTAL 190-180-999-5250 102.00 43426 05/15/97 001561 PAGENET MAY - PAGING SERV & RENTAL 001-163-999-5250 17.00 43426 05/15/97 001561 PAGENET MAY - PAGING SERV & RENTAL 001-164-601-5238 17.00 43426 05/15/97 001561 PAGENET MAY - PAGING SERV & RENTAL 001-165-999-5238 17.00 43426 05/15/97 001561 PAGENET MAY - PAGING SERV & RENTAL 001-164-604-5208 8.50 43426 05/15/97 001561 PAGENET MAY - PAGING SERV & RENTAL 001-120-999-5250 8.50 43426 05/15/97 001561 PAGENET MAY - PAGING $ERV & RENTAL 320-199-999-5238 36.95 344.45 43427 05/15/97 PARSONS AIRGAS REFUND: OVERPAYMENT/B97-0832 001-2660 213.00 213.00 43428 05/15/97 000733 PARTY PZAZZ CANOPIES FOR CINCO-DE-MAYO 190-184-999-5242 240.32 43428 05/15/97 000733 PARTY PZAZZ TAX 190-184-999-5242 18.60 258.92 43429 05/15/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2130 22.18 43429 05/15/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 15,626.85 43429 05/15/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 165-2390 180.85 43429 05/15/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 190-2390 3,076.52 43429 05/15/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 191-2390 11.02 43429 05/15/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 192-2390 27.66 43429 05/15/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 193-2390 379.26 43429 05/15/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 194-2390 174.73 43429 05/15/97 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 280-2390 418o40 g/_'g60'6 BO' ~Z EZ'6q 9g'LLL ~Z'£O~ 90'LOt ~9'0~ S~"96£'L~ INnOHV ~3]H3 9 35Vd 05'6~9 Z£'£9L'Z 6g'ZL9 ~'Z60'~ 6~'6L~ 9b~£0~ £9'£L Z3'~£ gO'gZ Og'9c; 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ENVIRONME RIVERSIDE CO. HABITAT RIVERSIDE CO. SHERIFF-B ROBERT CARAN PRODUCTION S C SIGNS S C SIGNS S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL S K S, INC/INLAND OIL SAURUS SPORT INC SAURUS SPORT INC SCHNEIDER-LJUBENKOV, JU SEGOVIA, GUILLERMO C. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION VEHICLE DETAILING & MAINT. VEHICLE DETAILING,MAINT & GAS VEHICLE DETAILING~MAINT & GAS VEHICLE MAINT/DETAIL-LAND DEV. VEHICLE MAINTENANCE & DETAIL VEHICLE MAINTENANCE & DETAIL VEHICLE DETAILING & MAINT. OCTOBER 96 LEGAL SERVICES OCTOBER 96 LEGAL SERVICES OCTOBER 96 LEGAL SERVICES NOVEMBER 96 LEGAL SERVICES NOVEMBER 96 LEGAL SERVICES NOVEMBER 96 LEGAL SERVICES DECEMBER 96 LEGAL SERVICES DECEMBER 96 LEGAL SERVICES JANUARY 97 LEGAL SERVICES JANUARY 97 LEGAL SERVICES JANUARY 97 LEGAL SERVICES FEBRUARY 97 LEGAL SERVICES FEB 97 LEGAL SERVICES FEBRUARY 97 LEGAL SERVICES NEED BACK-UP DOCUMENTATION PERMIT FEES FOR SNACKBAR APRIL 97 K-RAT TRN:RUPE/BORJA/KUBEL/BARBA-5/6 OUTDOOR FIREWORKS DISPLAY SHOW MARCH SIGN POSTING SERVICES OCT SIGN POSTING SERVICES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES SUNSCREEN FOR AQUATIC PROGRAM TAX TCSD INSTRUCTOR EARNINGS REFUND: OVERPAYMENT OF FEES ACCOUNT NUMBER 001-162-999-5214 001-110-999-5214 001-110-999-5263 001-163-999-5214 001-164-604-5214 001-164-604-5263 190-180-999-5214 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 001~130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 300-199-999-5246 001-130-999-5246 300-199-999-5246 190-180-999-5250 001-2300 001-170-999-5261 190-183-999-5370 001-161-999-5256 001-161-999-5256 001-164-601-5263 001-163-999-5263 001-165-999-5263 001-164-604-5263 190-180-999-5263 340-199-701-5263 001-162-999-5263 001-110-999-5262 190-183-999-5310 190-183-999-5310 190-183-999-5330 190-183-4994 ITEM AMOUNT 25.00 5.00 15.69 15.00 5.00 20.24 20.00 299.99 2,832.66 406.52 56.00 3,187.25 1,531.50 298.50 3~441.50 1,722.75 1,776.52 1~970.02 2,096.31 3,813.44 3,300.77 1~022.60- 65.00 5,600.00 240.00 9,000.00 325.00 195.00 372.69 132.37 28.57 22.TJ 358.02 80.99 132.47 53.92 108.00 8.37 288.00 13.00 PAGE 7 CHECK AMOUNT 105.93 25,711.13 65.00 5,600.00 240.00 9,000.00 520.00 1,181.76 116.37 288.00 13~00 VOUCHRE2 05/15/97 VOUCHER/ CHECK NUMBER 43450 43450 43450 43451 43451 43452 43452 43452 43452 43452 43452 43453 43454 43455 43455 43455 43455 43456 43457 43458 43459 43459 43460 43460 43461 43461 43461 43461 43462 43463 43463 43463 43463 43464 43464 43464 43464 14:48 CHECK DATE 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 VENDOR NUMBER 002505 002505 002505 002773 002773 000645 000645 000645 000645 000645 000645 002761 000519 000537 000537 000537 000537 000291 002799 001546 002453 002453 000305 000305 001672 001672 001672 001672 000668 000320 000320 000320 000320 001065 001065 001065 001065 VENDOR NAME SIGNS AND LUCITE PRODUC SIGNS AND LUCITE PROOUC SIGNS AND LUCITE PRODUC SIR SPEEDY #0402 SIR SPEEDY #0402 SMART & FINAL, INC. SMART & FINAL, INC. SMART & FINAL~ INC. SMART & FINAL, INC. SMART & FINAL, INC. SMART & FINAL, INC. SOUND PACIFIC, INC. SOUTH COUNTY PEST CONTR SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SPEE DEE OIL CHANGE & T STEVE KRABBE CUSTOM PAl STRAIGHT LINE GLASS SUPER SEER CORPORATION SUPER SEER CORPORATION TARGET STORE TARGET STORE TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TIMMY D. PRODUCTIONS TOWNE CENTER STATIONERS TOWNE CENTER STATIONERS TOWNE CENTER STATIONERS TOWNE CENTER STATIONERS U S C M /PEBSCO (DEF. C U S C M /PEBSCO (DEF. C U $ C M /PEB$CO (DEF. C U S C M /PEBSCO (DEF. C CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JOB AVAIL/PAY PHONE BRAILE LTR FREIGHT TAX PRE PRINTED WHITE ENVELOPES TAX CREDIT: RETURNED VARIOUS ITEMS TEEN ACTIVITIES SUPPLIES TEEN ACTIVITIES SUPPLIES SUPPLIES FOR COMMUNITY CENTER SUPPLIES FOR COMMUNITY CENTER SUPPLIES FOR COMMUNITY CENTER SOUND SYSTEM (P.A.) PEST CNTRL SERVS-CRC 2-07-626-5933 DUCK POND 2-01-202-7330 VARIOUS METERS 51-77-393-5125-01 HWY 79 53-77-806-0790-01 COSMIC LB3 TCSD VEHICLE MAINT & REPAIR RESIDENTIAL IMPROV.PRG-F.ARCE CITY HALL REPAIR FRONT DOOR FULL COVERAGE HELMET FREIGHT 35MM CAMERA & FILM:PW TRAFFIC SUPPLIES FOR TCC PLUMBING SERVICES FOR CRC PLUMBING SERVICES FOR CRC PLUMBING SERVICES FOR CRC PLUMB SERVS-PALOMA DEL SOL PRK P.A. SYSTEM FOR CINCO DE MAYO MISC OFFICE SUPPLIES FINANCE OFFICE SUPPLIES: PW ADIMIN OFFICE SUPPLIES FOR CIP OFFICE SUPPLIES: LAND DEVELOP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP ACCOUNT NUMBER 340-199-701-5219 340-199-701-5219 340-199-701-5219 193-180-999-5222 193-180-999-5222 190-183-999-5320 190-183-999-5320 190-183-999-5320 190-184-999-5301 190-184-999-5301 190-184-999-5301 190-180-999-5610 190-182-999-5250 190-180-999-5240 192-180-999-5319 191-180-999-5319 191-180-999-5319 190-180-999-5214 165-199-813-5804 340-199-701-5212 001-170-999-5243 001-170-999-5243 001-164-602-5242 190-184-999-5301 190-182-999-5212 190-182-999-5212 190-182-999-5212 190-180-999-5212 190-184-999-5301 001-140-999-5220 001-164-604-5220 001-165-999-5220 001-163-999-5220 001-2080 190-2080 192-2080 193-2080 ITEM AMOUNT 64.00 3.50 4.96 158.84 12.31 7.61- 132.56 33.41 54.05 84.06 54.46 2,500.00 42.00 399.85 23,757.25 31.73 32.99 153.95 2,800.00 300.00 295.00 4.53 250.45 16.13 52.00 52.00 57.00 47.00 250.00 30.63 478.93 337.67 356.35 3,397.73 1,129.40 5.00 40.63 PAGE 8 CHECK AMOUNT 72.46 171.15 350.93 2,500.00 42.00 24,221.82 153.95 2,800.00 300.00 299.53 266.58 208.00 250,00 VOUCHRE2 05/15/97 VOUCHER/ CHECK NUMBER 14:48 CHECK DATE VENDOR NUMBER VENDOR NAME CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 43464 05/15/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 43464 05/15/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 43464 05/15/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 43464 05/15/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 43464 05/15/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 43465 43465 43465 43465 43465 43465 43466 43467 43467 43467 43468 43468 43468 43468 43469 43469 43470 43470 43471 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 05/15/97 43472 000389 000389 000389 000389 000389 000389 002396 002621 002621 002621 000325 000325 000325 000325 000326 000326 000332 000332 001209 001342 001342 001342 001342 001342 000339 43473 43473 43473 43473 43473 U S C M /PEBSCO (OBRA) 000389 PT RETIR U S C M /PEBSCO (OBRA) 000389 PT RETIR U S C M /PEBSCO (OBRA) 000389 PT RETIR U S C M /PEBSCO (OBRA) 000389 PT RETIR U S C M /PEBSCO (OBRA) 000389 PT RETIR U S C M /PEBSCO (OBRA) 000389 PT RETIR U S LONG DISTANCE, INC. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNION BANK OF CALIF, N. UNITED WAY UNITED WAY UNITED WAY UNITED WAY UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, VANDORPE CHOU ASSOCIATI VANDORPE CHOU ASSOCIATI VAULT INC.~ THE VENTURE PUBLISHING, INC WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WEEKS, BILLIE WEST PUBLISHING COMPANY 43474 43475 LONG DISTANCE TELECOM PROVIDER 5415305001995969 GT 5305001995977:JK:APRIL 5415305001995951SN 000325 UW 000325 UW 000325 UW 000325 UW FLOOR MAT RENTAL:CITY HALL FLOOR MAT RENTAL-CITY HALL APR-PLAN CK CONSULTANT SERVS APR-PLAN CK CONSULTANT SERVS APR DATA STORAGE-MICROBOX PUBLICATION:MAR/PLAN/LDRSHP BK BLDG MAINT SUPPLIES-SR CENTER CITY YARD MAINT SUPPLIES BLDG MAINT SUPPLIES- TCC BLDG MAINT SUPPLIES- TCC BLDG MAINT SUPPLIES-TCC REFUND: BEGINNING TENNIS CITY HALL LEGAL PUBLICATIONS ACCOUNT NUMBER 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 193-2160 280-2160 340-2160 320-199-999-5208 001-161-999-5258 001-164-604-5260 190-180-999-5258 001-2120 165-2120 190-2120 280-2120 340-199-701-5212 340-199-701-5250 001-162-999-5248 001-162-999-5248 001-120-999-5277 190-180-999-5228 190-181-999-5212 340-199-702-5212 190-184-999-5212 190-184-999-5212 190-184-999-5212 190-183-4982 001-120-999-5228 ITEM AMOUNT 148.12 5.00 19.43 312.50 128.12 666.26 62.18 890.66 23.08 61.44 55.60 1,183.12 110.77 22.00 141.01 101.80 2.50 17.00 2.70 83.29 77.62 1,593.16 3,711.60 481.50 94.35 40.01 311.40 595.44 12.88 13.32 24.00 124.23 PAGE 9 CHECK AMOUNT 5,185.93 1,759.22 1,183.12 273.78 124.00 160.91 5~304.76 481.50 94.35 973.05 24.00 124.23 TOTAL CHECKS 241,883.07 VOUCHRE2 05/07/97 16:17 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 22,713.56 25,404.08 18,130.49 4,552.33 2.04 881.40 25.43 26,771.11 2,988.18 15,571.79 3,438.83 10.48 5~552.69 TOTAL 126,042.41 VOUCHRE2 CITY OF TEMECULA 05/07/g7 16:17 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 122000 05/01/97 000166 FIRST AMERICAN TITLE CO 1ST TIME BYER PRGM:FONSECA,D 43269 05/08/97 002798 ADAMS, AARON REIMB MILEAGE:4/21-5/2/97 165-199-999-5449 001-150-999-5262 24,000.00 61.44 24,000.00 61.44 43270 05/08/97 ALBERTSONS GENERAL OFFI REFUND:OVERPAYMENT-PLAN CK FEE 001-2660 350.00 350.00 43271 05/08/97 001912 ALLMON, VYLANI TCSD INSTRUCTOR EARNINGS 190-183-999-5330 655.00 655.00 43272 05/08/97 002194 AMERICAN PLANNING ASSN. MEMBERSHIP:THORNHILL:4/97-3/98 001-161-999-5226 330.00 330.00 43273 05/08/97 000936 AMERICAN RED CROSS 43273 05/08/97 000936 AMERICAN RED CROSS LIFEGUARD FIRST AID KITS 190-183-999-5320 BOOKS & SUPPLIES-AQUATIC PRGM 190-183-999-5310 66.00 284.00 350.00 43274 05/08/97 001947 AMERIGAS 43274 05/08/97 001947 AMERIGAS PROPANE FUEL FOR CITY VEHICLES 001-162-999-5263 PROPANE FUEL FOR CITY VEHICLES 190-180-999-5263 218.73 20.74 239.47 43275 05/08/97 001323 ARROWHEAD WATER, INC. 43275 05/08/97 001323 ARROWHEAD WATER, INC. DRINKING WATER FOR CITY HALL 340-199-701-5240 BOTTLED WATER-MAINT YARD/APRIL 001-164-601-5240 187.59 42.04 229.63 43276 05/08/97 002569 AUDIO ASSOCIATES AUDIO SUPPLIES-COUNCIL CHMBERS 210-199-650-5804 43276 05/08/97 002569 AUDIO ASSOCIATES FREIGHT 210-199-650-5804 43276 05/08/97 002569 AUDIO ASSOCIATES TAX 210-199-650-5804 860.80 11.42 66.71 938.93 43277 05/08/97 002056 AUTO PARK CAR STEREO & INSTALL RADAR UNIT-TEM.P.D. 001-170-999-5610 75. O0 75.00 43278 05/08/97 000475 B N I PUBLICATIONS, INC 3 BKS: PW INSPECTOR'S MANUAL 001-165-999-5228 169.72 169.72 43279 05/08/97 BONILLA, SILVIA REFUND: CLEANING/SEC. DEPOSITS 190-2900 200.00 200.00 43280 05/08/97 002794 BUREAU OF BUSINESS PRAC SUBSCR:CREATIVE SECRETARY LTTR 001-161-999-5261 135.00 135.00 43281 05/08/97 002099 BUTTERFIELD ENTERPRISES OLD TOWN RESTROOM LEASE/MAY 280-199-999-5212 826.00 826.00 43282 05/08/97 002518 C-O-TWO FIRE EQUIPMENT MAINT INSPECTION:C02 FIRE SYST 340-199-701-5250 600.00 600.00 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 43283 05/08/97 000128 CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES CAL-SURANCE ASSOCIATES, CAL-SURANCE ASSOCIATES, APRIL WORKERrS COMP INSURANCE 001-2370 APRIL WORKER~S COMP INSURANCE 165-2370 APRIL WORKER~S COMP INSURANCE 190-2370 APRIL WORKER~S COMP INSURANCE 191-2370 APRIL WORKER'S COMP INSURANCE 192-2370 APRIL WORKER'S COMP INSURANCE 193-2370 APRIL WORKER'S COMP INSURANCE 194-2370 APRIL WORKER'S COMP INSURANCE 280-2370 APRIL WORKER'S COMP INSURANCE 300-2370 APRIL WORKER'S COMP INSURANCE 320-2370 APRIL WORKER~S COMP INSURANCE 330-2370 APRIL WORKER'S COMP INSURANCE 340-2370 APRIL WORKER~S COMP INSURANCE 001-1182 APRIL WORKER~S COMP INSURANCE 190-181-999-5112 APRIL WORKER~S COMP INSURANCE 190-181-999-5112 3~541.48 45.65 1,388.68 .80 2.04 168.47 25.43 65.22 8.17 21.40 10.48 320.82 3.60 1.26 .01 5,603.51 VOUCHRE2 CITY OF TEMECULA 05/07/97 16:17 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 43284 05/08/97 001195 CENTRAL SECURITY SERV]C MAR MONITOR SERVS- CRC 190-182-999-5250 43284 05/08/97 001195 CENTRAL SECURITY SERVIC MAR ALARM MONITOR SERVS-SR CTR 190-181-999-5250 50.00 45.00 95.00 43285 05/08/97 002169 COMMUNITY VETERINARY HO VETERINARY SVCS-TEM K-9-TANGO 001-170-999-5327 76.00 76.00 43286 05/08/97 000144 COSTCO NHOLESALE CORPOR APPLIANCES/EQUIP-CTY MAINT FAC 210-190-144-5804 2,300.00 2,300.00 43287 05/08/97 001716 DAN~S ROOFING REPAIR LEAKING ROOF @ CRC 190-182-999-5212 145.00 145.00 43288 05/08/97 000155 DAVLIN AUDIO/VIDEO DUPLICATION SRVCS 001-120-999-5250 48.49 48.49 43289 05/08/97 DELATORRE, MARIA REFUND: FINGERPRINTING FEES 001-170-4060 10.00 10.00 43290 05/08/97 002466 DOVER ELEVATOR COMPANY ELEVATOR MAINT FOR CITY HALL 340-199-701-5250 195.00 195.00 43291 05/08/97 001313 FAGAN, MATTHEW REIMB:SUB DIV MAP ACT CF:4/18 001-161-999-5261 86.95 86°95 43292 05/08/97 000166 FIRST AMERICAN TITLE CO LOT BOOK REPORT - G. OSMOND JR 165-199-999-5250 43292 05/08/97 000166 FIRST AMERICAN TITLE CO LOT BOOK REPORT - D.& L.ZIZZO 165-199-999-5250 150.00 150.00 300.00 43293 05/08/97 000643 FORTHER HARDWARE, INC. TCSD MAINTENANCE SUPPLIES 190-180-999-5212 41.47 41.47 43294 05/08/97 000184 43294 05/08/97 000184 43294 05/08/97 000184 43294 05/08/97 000184 43294 05/08/97 000184 43294 05/08/97 000184 43294 05/08/97 000184 43294 05/08/97 000184 G T E CALIFORNIA - PAYM 909 308-1079/GENERAL USAGE 320-199-999-5208 G T E CALIFORNIA - PAYM 909 676-3526/FIRE ALARM 320-199-999-5208 G T E CALIFORNIA - PAYM 909 693-0956:GENERAL USAGE 320-199-999-5208 G T E CALIFORNIA - PAYM 909 694-4356/K.HINTERGARDT PRK 320-199-999-5208 G T E CALIFORNIA - PAYM 909 694-8927:GENERAL USAGE 320-199-999-5208 G T E CALIFORNIA - PAYM 909 695-1409/GENERAL USAGE 320-199-999-5208 G T E CALIFORNIA - PAYM 909 695-3539/COPT-CTY TEMECULA 320-199-999-5208 G T E CALIFORNIA - PAYM 909 699-2309/COPT-CITY OF TEM 320-199-999-5208 54.17 75.97 2.08 29.12 1.49 84.27 38.28 36.85 322.23 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT FINANCE DEPT OFFICE SUPPLIES 001-140-999-5220 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT OFFICE SUPPLIES / FINANCE 001-140-999-5220 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT GENERAL SUPPLIES / CRC 190-182-999-5220 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT OFFICE SUPPLIES / FINANCE 001-140-999-5220 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT OFFICE SUPPLIES / T.C.C. 190-184-999-5220 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT MISC. OFFICE EQUIPMENT 001-170-999-5610 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT TAX 001-170-999-5610 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT MISC OFFICE SUPPLIES-TCSD 190-180-999-5220 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT OFFICE SUPPLIES / TCSD 190-180-999-5220 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT CREDIT: RETURNED SUPPLIES 001-140-999-5220 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT CREDIT:DUP.INVOICE/REF#536304 001-140-999-5220 43295 05/08/97 000177 GLENHIES OFFICE PRODUCT CREDIT:RETURNED ITEM 001-140-999-5220 71.93 34.63 34.50 34.63 6.39 677.04 52.47 169.40 25.26 74.46- 34.63- 12.23- 984.93 43296 05/08/97 001609 GREATER ALARM COMPANY, MAY-AUG ALARM MONITORING SERVS 001-162-999-5250 43296 05/08/97 001609 GREATER ALARM COMPANY, MAY-AUG ALARM MONITORING SERVS 190-180-999-5250 43296 05/08/97 001609 GREATER ALARM COMPANY, MAY-AUG ALARM MONITORING SERVS 001-164-601-5250 7.50 30.00 37.50 75.00 43297 05/08/97 001697 HALL, NANCY LEE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 144.00 144.00 43298 05/08/97 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS/REPAIR-TEM.PD 001-170-999-5214 51.57 VOUCHRE2 CITY OF TEMECULA 05/07/97 16:17 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 43298 05/08/97 002098 HOUSE OF MOTORCYCLES REPAIR & MAINT. POLICE MOTOR. 001~170-999-5214 51.57 43298 05/08/97 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS/REPAIR-TEM.PD 001-170-999-5214 370.53 43298 05/08/97 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS/REPAIR-TEM.PD 001-170-999-5214 81.57 43298 05/08/97 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS/REPAIR-TEM.PD 001-170-999-5214 316.37 43298 05/08/97 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS/REPAIR-TEM.PD 001-170-999-5214 234.69 43298 05/08/97 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS/REPAIR-TEM.PD 001-170-999-5214 160.05 43298 05/08/97 002098 HOUSE OF MOTORCYCLES MOTORCYCLE PARTS/REPAIR-TEM.PD 001-170-999-5214 3.23 1,269.58 43299 05/08/97 000388 I C B O~ INC. CODE BOOKS FOR BUILD & SAFETY 001-162-999-5228 175.00 43299 05/08/97 000388 I C B O~ INC. CODE BOOKS FOR BUILD & SAFETY 001-162-999-5228 28.25 43299 05/08/97 000388 I C B O, INC. TAX 001-162-999-5228 15.18 218.43 43300 05/08/97 001429 INACOM INFORMATION SYST COMPUTER FX MODEM/SUPPLIES 320-199-999-5221 578.00 43300 05/08/97 001429 INACOM INFORMATION SYST COMPUTER FX MODEM/SUPPLIES 320-199-999-5221 716.00 43300 05/08/97 001429 INACOM INFORMATION SYST COMPUTER FX MODEM/SUPPLIES 320-199-999-5221 278.00 43300 05/08/97 001429 INACOM INFORMATION SYST FREIGHT 320-199-999-5221 6.37 43300 05/08/97 001429 INACOM INFORMATION SYST TAX 320-199-999-5221 122.33 1,700.70 43301 05/08/97 001407 INTER VALLEY POOL SUPPL POOL SANITIZING CHEMICALS 190-182-999-5212 241.36 241.36 43302 05/08/97 001186 IRWIN, JOHN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 284.00 284.00 43303 05/08/97 002767 J B COATING PAINT ROOF AT CITY MAINT. FAC. 210-190-144-5804 3,249.31 3,249.31 43304 05/08/97 001~7 KELLY TEMPORARY SERVICE TEMP HELP W/E 4/20 J. EVANS 001-163-999-5118 45.24 43304 05/08/97 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 4/20 J. EVANS 001-164-604-5118 256.36 301.60 43305 05/08/97 002750 KING CAMERA PRODUCTIONS TRANSMITTER-COUNCIL MTG 4/22 001-100-999-5250 43305 05/08/97 002750 KING CAMERA PRODUCTIONS TRANSMITTER EQUIP-COUNCIL MTG 001-100-999-5250 500.00 150.00 650.00 43306 05/08/97 001282 KNORR SYSTEMS, INC POOL SUPPLIES-ROTARY FLOWSWITC 190-182-999-5250 246.69 246.69 43307 05/08/97 001123 KNOX INDUSTRIAL SUPPLIE SMALL TOOLS & EQUIPMENT / PW 001-164-601-5242 43307 05/08/97 001123 KNOX INDUSTRIAL SUPPLIE CREDIT:RETURN MAINT. SUPPLIES 001-164-601-5218 875.32 21.29- 854.03 43308 05/08/97 002779 KUHNSw ALLIE REIMB:UCR EXTENSION PRGM 001-140-999-5261 220.75 220.75 43309 05/08/97 000945 L P S COMPUTER SERVICE LASER PRINTER MAINTENANCE/JUNE 320-199-999-5250 310.76 310.76 43310 05/08/97 001982 L WILLIAMS LANDSCAPE~ I LDSC MAINT-VARiOUS LOCATIONS 001-164-601-5402 1,450.00 1,450.00 43311 05/08/97 002716 LEONARD ENGINEERING FEB PRGSS-FIRE STATION PLUMBIN 210-190-626-5802 1,959.00 1,959.00 43312 05/08/97 002784 MAILBOX, THE SUB:TINY TOT PROGRAM-CRC-1997 190-180-999-5228 24.95 24.95 43313 05/08/97 001967 MANPOWER TEMPORARY SERV TEMP HELP W/E 4/20 J. CASTILLO 001-164-604-5118 574.00 574.00 43314 05/08/97 001384 MINUTEMAN PRESS LETTERHEAD PAPER 001-162-999-5222 59.60 43314 05/08/97 001384 MINUTEMAN PRESS BLANK BUSINESS CARDS 001-162-999-5222 38.25 43314 05/08/97 001384 MINUTEMAN PRESS TAX 001-162-999-5222 7.58 105.43 VOUCHRE2 05/07/9? VOUCHER/ CHECK NUMBER 43315 43316 43317 43318 43319 43319 43319 43320 43320 43320 43320 43321 43321 43322 43323 43324 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 43325 16:17 CHECK DATE 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 VENDOR NUMBER 000437 001394 002088 001383 001383 001383 002406 002406 002406 002406 002731 002731 001243 002398 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 VENDOR NAME MORELAND & ASSOCIATES NATIONAL SANITARY SUPPL OLD TOWN TYPEWRITER ORANGE COAST MASONRY AC P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PACIFIC BUSINESS INTERI PALMER SNYDER FURNITURE PALMER SNYDER FURNITURE PALMQUIST, MARY PALOMAR COMMUNICATIONS, PANKHARD-HOBART, DIANA PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TEMP HELP-MICHELLE BOARDMAN CRC BUILDING MAINT SUPPLIES REFUND:OVERPAYMENT/BUS.LICENSE REFUND:DUPLICATE PAYMENT 3RD PARTY CONSULTING SERVS PROF SERVICES-COUNCIL/3RD PRTY PROF SERVS-WKSHP AND CONSULTIN CONFERENCE TABLE-HONEY MAPLE 2 BOX, 1 FILE DRAWER PEDESTAL WORKSURFACE TAX ABS PLASTIC BANQUET TABLE FREIGHT TCSD INSTRUCTOR EARNINGS MAY DISPATCH RADIO MOBILE SRVC REFUND: CONTRACTED CLASS PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT ACCOUNT NUMBER 001-140-999-5118 190-182-999-5212 001-199-4056 001-199-4056 001-150-999-5248 001-150-999-5248 001-150-999-5248 001-150-999-5242 320-199-999-5242 320-199-999-5242 001-150-999-5242 190-182-999-5301 190-182-999-5301 190-183-999-5330 320-199-999-5209 190-183-4982 190-184-999-5212 001-140-999-5260 190-180-999-5250 190-183-999-5370 001-110-999-5222 001-161-999-5260 190-183-999-5320 001-100-999-5260 340-199-701-5212 190-184-999-5212 001-140-999-5260 190-183-999-5305 190-183-999-5370 001-150-999-5260 001-161-999-5261 001-110-999-5220 001-110-999-5260 001-110-999-5258 001-163-999-5220 190-180-999-5260 190-183'999-5380 001-110'999-5260 001-161-999-5260 001-164'601'5260 190-180-999-5260 ITEM AMOUNT 1,152.50 16.92 35.00 35.00 111.13 70.54 2,402.99 820.00 272.00 60.00 89.28 1,260.15 143.35 360.00 600.00 35.00 27.24 11.98 36.64 33.28 20.37 23.02 25.84 28.98 5.00 38.19 38.80 5.66 37.04 7.98 11.80 44.80 56.02 23.55 6.94 9.77 4.26 30.00 34.53 15.00 30.00 PAGE 4 CHECK AMOUNT 1,152.50 16.92 35.00 35.00 2,584.66 1,241.28 1,403.50 360.00 600.00 35.00 606.69 VOUCHRE2 05/07/97 VOUCHER/ CHECK NUMBER 43327 43328 43328 43328 43329 43330 43330 43330 43331 43332 43333 43334 43335 43336 43336 43336 43336 43336 43336 43336 43336 43336 43336 43336 43336 43336 43336 43336 43336 43336 43336 43336 43336 43337 43338 43339 43340 16:17 CHECK DATE 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 05/08/97 VENDOR NUMBER 000254 000254 000254 002110 002776 002776 002776 002793 000728 000262 001279 002400 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 000411 000271 002469 002226 VENDOR NAME PHOTO ART SERVICES PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COMPAN PRIME EQUIPMENT PRIME MATRIX PRIME MATRIX PRIME MATRIX QUICK WRAP BAG RAMSEY BACKFLOW & PLUMB RANCHO CALIFORNIA WATER RANCHO NEWS, INC. REBEL TEMECULA RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS RIVERSIDE CO. FLOOD CON ROBERT BEIN, WM FROST & ROHM CONSTRUCTION, INC. RUSSO~ MARY ANNE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND: CONTRACTED CLASS PROMOTIONAL ADS-SPECIAL EVENTS ROADWAY CONSTRUCTION UPDATE AD RDA POSITION EQUIPMENT RENTAL-PW MAINT CREW SC-5001373-9 / TE SC-5001267-3 SR VAN SC-5001377-0 SR VAN PLAN BAGS FOR SHIPPING BACKFLOW TESTING @ YNEZ RD 02-79-10100-1 DIAZ ROAD AD-RDA COMMITTEE POSITIONS MISC. EQUIPMENT RENTAL / PW OCTOBER 96 LEGAL SERVICES OCTOBER 96 LEGAL SERVICES NOVEMBER 96 LEGAL SERVICES DECEMBER 96 LEGAL SERVICES JANUARY 97 LEGAL SERVICES JANUARY 97 LEGAL SERVICES JANUARY 97 LEGAL SERVICES JANUARY 97 LEGAL SERVICES JANUARY 97 LEGAL SERVICES JANUARY 97 LEGAL SERVICES FEBRUARY 97 LEGAL SERVICES MARCH 97 LEGAL SERVICES MARCH 97 LEGAL SERVICES MARCH 97 LEGAL SERVICES MARCH 97 LEGAL SERVICES MARCH 97 LEGAL SERVICES MARCH 97 LEGAL SERVICES MILE REIMB:TRVL TO COURTHOUSE DM:CREDIT TAKEN TWICE IN ERROR DM:INVOICE INCORRECTLY POSTED REVIEW FEE:WESTERN BYPASS CORR MAR PRGSS/I-15/79S PRJT STUDY REL.RETENTION-EMERG.GENERATOR TCSD INSTRUCTOR EARNINGS ACCOUNT NUMBER 190-183-4982 190-180-999-5254 001-165-999-5256 001-120-999-5254 001-164-601-5238 001-162-999-5208 190-180-999-5208 190-180-999-5208 001-161-999-5230 193-180-999-5212 190-180-999-5240 001-120-999-5254 001-164-601-5238 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 210-165-612-5802 210-165-662-5804 210-2035 190-183-999-5330 ITEM AMOUNT 36.00 145.50 150.00 291.00 52.99 42.66 4.52 32.78 72.01 30.00 60.39 150.00 20.00 889.00 131.60 2,744.16 380.00 386.00 477.50 1,625.55 289.00 1,759.75 1o647.00 1,578.50 1,207.50 145.40 73.75 352.50 706.75 304.00 268.75 586.91 10.00 2,199.12 4,562.06 11,394.79 336.00 PAGE 5 CHECK AMOUNT 36.00 586.50 52.99 79.96 72.01 30.00 60.39 150.00 20.00 15,563.62 2,199.12 4,562.06 11,394.79 336.00 VOUCHRE2 CiTY OF TEMECULA 05/07/97 16:17 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER iTEM AMOUNT CHECK AMOUNT 43341 05/08/97 002743 SAFE & SECURE LOCKSMITH LOCKSMITH SVC/P.D. SUB-STATION 001-170-999-5610 116o04 116.04 43342 05/08/97 000278 SAN DIEGO UNION TRIBUNE AD-RECREATION COORDINATOR 001-150-999-5254 284.97 284.97 43343 05/08/97 002285 SCANTRON CORP SCANTRON FORMS FOR LAND DEVEL 001-163-999-5222 43343 05/08/97 002285 SCANTRON CORP FREIGHT 001-163-999-5222 43343 05/08/97 002285 SCANTRON CORP TAX 001-163-999-5222 844.50 28.16 65.84 938.50 43344 05/08/97 000403 SHAWN SCOTT POOL & SPA APR POOL MAINT TEM ELEM SCH 190-180-999-5212 155.30 155.30 43345 05/08/97 002503 SOUTH COAST AIR QUALITY PERMIT:CRC EMERG GENERATOR 210-190-139-5804 167.90 167.90 43346 05/08/97 000519 SOUTH COUNTY PEST CONTR APR PEST CONTROL SERVS-SR CTR 190-181-999-5250 29.00 29.00 43347 05/08/97 000374 SOUTHERN CALIF EDISON INSTALL ELECTRICAL SVC-GTH ST 280-199-804-5804 1,886.72 1,886.72 43348 05/08/97 000537 SOUTHERN CALIF EDISON 2-02-351-4946 6TH ST 190-181-999-5240 43348 05/08/97 000537 SOUTHERN CALIF EDISON 2-00-397-5026 VARIOUS METERS 191-180-999-5319 43348 05/08/97 000537 SOUTHERN CALIF EDISON 2-00'397-5042 VARIOUS METERS 340-1990 43348 05/08/97 000537 SOUTHERN CALIF EDISON 2-00-397-5059 VARIOUS METERS 190-180-999-5240 43348 05/08/97 000537 SOUTHERN CAL]F EDISON 2-00-397-5067 VARIOUS METERS 193-180-999-5240 43348 05/08/97 000537 SOUTHERN CALIF EDISON 2'02-351-5489/28781 FRONT ST 001-164-601-5240 43348 05/08/97 000537 SOUTHERN CALIF EDISON 2-02'502-8077 VARIOUS METERS 340-199-702-5240 43348 05/08/97 000537 SOUTHERN CALIF EDISON 66-77-584-0345'01 BUSN PK B 340-199'702-5240 43348 05/08/97 000537 SOUTHERN CALIF EDISON 66-77-795-8087-01 MORENO RD 190-180-999-5240 705.08 4,551.53 3,959.15 9,423.86 682.93 86.83 31.30 253.83 63.39 19,757.90 43349 05/08/97 000168 TEMECULA FLOWER CORRAL FLOWERS FOR EMPLOYEES 001-2170 47.41 47.41 43350 05/08/97 000998 TEMECULA VALLEY NATAL L 96-97 COMMUNITY SERVICE FUNDIN 001-100-999-5267 1,500.00 1,500.00 43351 05/08/97 002769 TODD~S FENCING FINAL FENCE PMT-RES.IMPROV.PRJ 165-199-813-5804 1,058.43 1,058.43 43352 05/08/97 000319 TOMARK SPORTS, INC. PUB:"THERE AIN'T NO RULES" 190-182-999-5301 43352 05/08/97 000319 TOMARK SPORTS, INC. PUB:"MAINTAIN IT EASY-KEEP IT 190-182-999-5301 43352 05/08/97 000319 TOMARK SPORTS, iNC. FREIGHT 190-182-999-5301 43352 05/08/97 000319 TOMARK SPORTS, INC. TAX 190-182-999-5301 36.00 36.00 18.00 5.58 95.58 43353 05/08/97 002621 UNION BANK OF CALIF, N. 5305001995894-RR-APRIL 43353 05/08/97 002621 UNION BANK OF CALIF, N. 5305001995910-RB-APRIL 001-100-999-5258 001-110-999-5260 286.31 42.00 328.31 43354 05/08/97 002065 UNISOURCE 2 PART NCR FORMS-TCSD 190-183-999-5305 43354 05/08/97 002065 UNISOURCE 2 PART NCR FORMS-TCSD 190-183-999-5305 320.76 200.00 520.76 43355 05/08/97 002702 UNITED STATES POSTAL SE POSTAGE - AMS-TMS #11601 001-100-999-5230 43355 05/08/9? 002702 UNITED STATES POSTAL SE POSTAGE - AMS-TMS #11601 001-110-999-5230 43355 05/08/97 002702 UNITED STATES POSTAL SE POSTAGE - AMS-TMS #11601 001-120-999-5230 43355 05/08/97 002702 UNITED STATES POSTAL SE POSTAGE - AMS-TMS #11601 001-162-999-5230 43355 05/08/97 002702 UNITED STATES POSTAL SE POSTAGE - AMS-TMS #11601 190-180-999-5230 43355 05/08/97 002702 UNITED STATES POSTAL SE POSTAGE - AMS-TMS #11601 001-171-999-5230 43355 05/08/97 002702 UNITED STATES POSTAL SE POSTAGE - AMS-TMS #11601 001-140-999-5230 43355 05/08/97 002702 UNITED STATES POSTAL SE POSTAGE - AMS-TMS #11601 001-150-999-5230 .96 58.58 152.45 98.87 201.68 1.33 412.93 100.56 VOUCHRE2 05/07/97 VOUCHER/ CHECK NUMBER 43355 43355 43355 43355 43356 43356 43357 43358 16:17 CNECK VENDOR VENDOR DATE NUMBER NAME 05/08/97 002702 05/08/97 002702 05/08/97 002702 05/08/97 002702 05/08/97 002566 05/08/97 002566 05/08/97 002212 05/08/97 002402 UNITED STATES POSTAL SE UNITED STATES POSTAL SE UNITED STATES POSTAL SE UNITED STATES POSTAL SE VALLEY MICRO COMPUTERS VALLEY MICRO COMPUTERS WHITEHEAD, STEVE WILLIAMtS CABINETS CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION POSTAGE - AMS-TMS #11601 POSTAGE - AMS-TMS #11601 POSTAGE - AMS-TMS #11601 POSTAGE - AMS-TMS #11601 INTERNAL DATA FAX MODEM TAX TCSD INSTRUCTOR EARNINGS CONSTRUCT SHELVES IN VIDEO RM ACCOUNT NUMBER 001-161-999-5230 001-164-604-5230 320-199-999-5230 280-199-999-5230 001-170-999-5610 001-170-999-5610 190-183-999-5330 320-199-999-5250 ITEM AMOUNT 800.59 198.86 1.74 210.24 140.00 10.85 153.60 150.00 PAGE 7 CHECK AMOUNT 2,238.79 150.85 153.60 150.00 TOTAL CHECKS 126,042.41 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager APPROVAL ~/, ~" FCiI~i/~ N/~TET DO i~1~;'~ 0 i~~ CITY MANAGER'~ -~~- Joseph Kicak, Director of Public Works/City Engineer May 27, 1997 Professional Services Contract with Canty Engineering Group, Inc., for Design and Construction Support Services for the Winchester Road/I-15 Interchange, Rancho California Road/I-15 Interchange, and the Overland Overcrossing Bridge PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council approve and authorize the Mayor to sign the Professional Services Agreement between the City of Temecula and Canty Engineering Group, Inc. (CEG) to provide engineering and construction support services for the Winchester Road/I-15 Interchange, Project No. PW94-21, Rancho California Road/I-15 Interchange, Project No. PW95-12 and Overland Overcrossing Bridge, Project No. PW95-11, in an amount not to exceed $54,000.00. BACKGROUND: In August 1990, a contract was awarded to J.F. Davidson Associates, Inc., for Professional Engineering Services for Community Facilities District 88-12 (Ynez Corridor). The scope of work included engineering for the three projects listed above. In April 1997, J. F. Davidson Associates, Inc. went out of business. However, several engineers from J.F. Davidson Associates formed a new firm, Canty Engineering Group. To provide continuity, Canty Engineering Group, Inc., has specific knowledge related to these projects, and was chosen to provide final engineering and construction support services to the City for the remainder of the work on these projects. The scope of work includes: Winchester Road Interchange Construction Support Services As Built Plan Revisions ~2,485.00 $6,000.00 Rancho California Road Interchange Completion of Plans, Specifications and Estimates Package Construction Support Services As Built Plan Revisions $13,930.00 85,000.00 $6,000.00 - 1 - r:\agdrpt\97\O527\canty.agn/ajp Overland Overcrossing Completion of Plans, Specifications, and Estimates Package Construction Support Services As Built Plan Revisions 89,585.00 85,000.00 $6.000.00 Total Contract $54.000.00 FISCAL IMPACT: The costs are eligible for funding through Community Facilities District 88-12. Adequate funds exist in account number 600-165-999-6201, CFD88-12 Engineering for the Overland Crossing, Winchester Road Interchange, and Rancho California Road. Attachments: 1. Professional Services Contract -2- r:\aodrpt\97\0527\canty.ag n/ajp CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES WINCHESTER ROAD/I-IS OVERPASS WIDENING PROJECT NO. PW94-21 OVERLAND DRIVE OVERCROSSING/I-15 PROJECT NO. PW95-11 RANCHO CALIFORNIA ROAD/I-15 BRIDGE WIDENING PROJECT NO. PW95-12 THIS AGREEMENT, is made and effective as of May 27, 1997, between the City of Temecula, a municipal corporation ("City") and Canty Engineering Group, Inc. (CEG), ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on May 27, 1997, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 27, 2002, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit "A", attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit "A". 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit "B", attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Fifty-Four Thousand Dollars and No Cents ($54,000.00) 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 addifonal services in the amounts and in the manner as agreed to by City Manager and Consultant at the I/me City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services 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. -1- R:\ClP~PROJECTSXPW94~PW94-21XAGREEMEN\CANT Y.AGR 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAUI,T 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 obligafon or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consullant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of 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. -2- R:\CIP~PROIECTS~PW94kPW94-21 ~.AGREEM F.N'~CANTY.AGR 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of Otis Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Imurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consullant's profession. b. Minimum Iimits 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: $i,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 elimimte 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 -3- R ACI~PROJ ECTS~PW94~PW94-2 DAGREEM EN\CANTY.AGR automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, 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. Acceptabilib, of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rafng of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alterm0ve to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set tbrth 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. LEGAI, RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. -4- R:\C!l~PROlECTS~PW94~PW94-21 ~AGREEM EN\CANTY.AGR 12. REI.lZ. ASE 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 informa6on 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 subcontxactors 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 wrifng 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 Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Canty Engineering Group, Inc. P.O. Box 52050 Riverside, California 92517 (909) 683-5234 Attention: John W. Canty, P.E., President 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only John W. Canty shall perform the services described in this Agreement. John W. Canty 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 John W. Canty 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 compensafon 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. -5- R:'~CIP kPROi ECT $ kPW94',,PW94-21 ~AGREEMEN~CANTY.AGR 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. GOVERNING I.AW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Attest: Patricia H. Birdsall, Mayor June S. Greek, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Canty Engineering Group, Inc. P.O. Box 52050 Riverside, California 92517 By: John W. Canty, P.E., President -6- R:\C IPLP ROJ ECrS~,W94'unW94.21 ~G REEM E N \12AN'r y, AG R EXHIBIT "A" TASKS TO BE PERFORMED AND PAYMENT SCHEDULE -7- R;\CIP~PROJ Ec'r S\PW94~PW94-21 ',AGREEM EN\CANTY.AGR IMonda¥ May 19, 1997 9:30am -- From ~9096835301f -- Page 21 FROM : PHONE NO. : cj~)96835;381 May. 19 1997 I~B:~Z~I P2 Canty Engineering Group, Inc. CIVIL I~NGINEERING PLANNING SURVEYING April 14, 1997 Mr. Don Spagnolo City of Tcmecula 43200 Business Park Drive Temccula, Ca 92570 RE: Proposal for Engineering Services Winchester Road at Interstate 15 Dear Mr. Spagnolo: Please consider Canty Engineering Group, Inc.(CEG) for construction support services on the Winchester Road at linerstate 15 project. I have outlined below, for your review and approval, items which will be necessary for CIEG to complete the project. TASK A. CONSTRUCTION SUPPORT SERVICES CEG proposes to provide support services including plan and apetitle, on interpretation, plan revisions as necessary, attend periodic site meetings and make site reviews when required. Fee $2,485.00 TASK B. AS BUILT PLAN REVISIONS CEG proposes to revise the original plan set to include all field revisions compiled during construction. Revisions w/tl be made from plans provided by the contractor. Revisions to the structural plans are not included as part of this proposal. When complete, CEG will return plans to the City of Temecula for submittal to Caltrans District 8 and Calltans headquarters in Sacramento. FEE $6000.00 Reimbursable expenses - blueprints, deliveries, federal express, etc. shall be billed on a "time and material" basis. Upon receiving the enclosed CELSOC "Agreement between Client and Consultant" form executed, CEG will proceed with the work outlined above. Company insurance 3120 Chicago Avenue, Suite 180 · E O Box 52050 - Riverside, CA 92517 * 9091683-5234 o Fax 909/683-5301 Mr. Don Spagnolo City of Temecula April 14, 1997 Page 2 documentation can be provided at your request. TOTAL FEE (TASKS A & B) $11,000.00 Thank you for the opportunity to continue to be of service. Should you have any questions or comments, please do not hesitate to contact me. Very Truly Yours, CANTY ENGINEERING GROUP, INC. John W. Canty, P.E /6~// President Brian R. Collins Project Manager Canty Engineering Group, Inc. CIVIL ENGINEERING PLANNING SURVEYING May 2, 1997 Mr. Don Spagnolo City of Temecula 43200 Business Park Drive Temecula, Ca 92570 RECEIVED MAY 8 1997 CITY OF TEblECULA ENGINEERING DEPARTMENT RE: Proposal for Engineering Services Rancho California Road at Interstate 15 Dear Mr. Spagnolo: Thank you for considering Canty Engineering Group, Inc.(CEG) for completion of the existing Plans, Specifications and Estimates (P.S. & E.) for the Rancho California Road at Interstate 15 project. I have outlined below, for your review and approval, items which will be necessary for CEG to complete the project. TASK A. COMPLETION OF THE P.S. & E. PACKAGE CEG proposes to complete the P.S.& E. package begun by J.F. Davidson for approval by Caltrans. CEG will retain W.A. Doby Engineering for electrical design and signature of the electrical plans. CEG will also retain Glenn Forbes, R.L.A. for signature of the landscape plans. As you know, both Bill Doby and Glenn Forbes have been involved with the project for some time and both are intimately involved with the project. Services included under Task A will be to complete all facets of design as required to obtain Caltrans approval. Intergraph CAD drafting will be completed under Task A. Deliverables at the completion of Task A shall be the completed and approved Plans, Specifications and Estimates package ready for advertising by the City of Temecula, Fee $13,930.00 3120 Chicago Avenue, Suite 180 · P.O. Box 52050 ° Riverside, CA 92517 · 909/683-5234 ° Fax 909/683-5301 Mr. Don Spagnolo City of Temecula Rancho California Proposal May 2, 1997 Page 2 TASK B. CONSTRUCTION SUPPORT SERVICES CEG proposes to provide support services including plan and specification interpretation, plan revisions as necessary, attend periodic site meetings and make site reviews as required. This task includes only the roadway P.S.& E. Construction support services for the Electrical plans, Landscaping plans, and Structural (bridge) plans are not included as part of Task B - The City of Temecula will need to establish construction support services for the Electrical, Landscaping and Structural plans separately as they are not included as part of this proposal. Fee $5,000.00 TASK Co AS BUILT PLAN REVISIONS CEG proposes to revise the original plan set to include all field revisions compiled during construction. Revisions will be made from plans provided by the contractor. Revisions to the structural plans are not included as part of this proposal. When complete, CEG will return plans to the City of Temecula for submittal to Caltrans District 8 and Caltrans headquarters in Sacramento. Fee $6,000.00 Reimbursable expenses - blueprints, deliveries, federal express, etc. shall be billed on a "time and material" basis. Upon receiving the enclosed CELSOC "Agreement between Client and Consultant" form executed, CEG will proceed with the work outlined above. Company insurance documentation can be provided at your request. TOTAL FEE (TASKS A, B & C) $24,930.00 Thank you for the opportunity to continue to be of service. Should you have any questions or comments, please do not hesitate to contact me. Very Truly Yours, C~AbL~t~NGINEERING GROUP, INC. John W. Canty, P.E ~ President ~ Brian R. Collins Project Manager Canty Engineering Group, Inc. CIVIL ENGINEERING PLANNING SURVEYING May 2, 1997 Mr. Don Spagnolo City of Temecula 43200 Business Park Drive Temecula, Ca 92570 RECEIVED MAY 8 1997 CITY OF TEMECULA ENGINEERING DEPARTMENT RE: Proposal for Engineering Services Overland Drive at Interstate 15 Dear Mr. Spagnolo: Thank you for considering Canty Engineering Group, Inc.(CEG) for completion of the existing Plans, Specifications and Estimates (P.S. & E.) for the Overland Drive at Interstate 15 project. I have outlined below, for your review and approval, items which will be necessary for CEG to complete the project. TASK A. COMPLETION OF THE P.S. & E. PACKAGE CEG proposes to complete the P.S. & E. package begun by $.F. Davidson for approval by Caltrans. CEG will retain W.A. Doby Engineering for electrical design and signature of the electrical plans. CEG will also retain Glenn Forbes, R.L.A. for signature of the landscape plans. As you know, both Bill Doby and Glenn Forbes have been involved with the project for some time and both are intimately involved with the project. Services included under Task A will be to complete all facets of design as required to obtain Caltrans approval. Intergraph CAD drafting will be completed under Task A. Deliverables at the completion of Task A shall be the completed and approved Plans, Specifications and Estimates package ready for advertising by the City of Temecula, Fee $9,585.00 TASK B. CONSTRUCTION SUPPORT SERVICES CEG proposes to provide support services including plan and specification interpretation, plan revisions as necessary, attend periodic site meetings and 3120 Chicago Avenue, Suite 180 · P.O. Box 52050 · Riverside, CA 92517 ° 909/683-5234 ° Fax 909/683-5301 ITEM 5 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ! F'NANCE DIREC~C~._~ C'TY MANAGE~ ~.~ CITY OF TEMECULA AGENDA REPORT City Council/City Manager (~Joseph Kicak, Director of Public Works/City Engineer May 27, 1997 Accept Public Improvements in Tract No. 22716-2. (Northerly corner of intersection of Meadows Parkway at Rancho Vista Road) PREPARED BY: Ronald J. Parks, Principal Engineer - Land Development )~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT the Public Improvements in Tract No. 22716-2, AUTHORIZE reduction in Faithful Performance Bond amount to the warranty level for Street, Water, and Sewer Improvements, initiation on the one-year warranty period, and release of the Subdivision Monument Bond, and DIRECT the City Clerk to so advise the developer and surety. BACKGROUND: On October 24, 1989, the Riverside County Board of Supervisors entered into subdivision agreements with: Tayco (Joint Venture of Taylor Woodrow Homes & Costain Homes, Inc.) 24461 Ridge Route Drive, Suite #100 Laguna Hills, CA 92653 for the improvement of streets, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds issued by American Home Assurance Company as follows: 1. Bond No. PB 300 11 379 in the amount of $93,000 to cover street improvements. 2. Bond No. PB 300 11 379 in the amount of $25,000 to cover water improvements. 3. Bond No. PB 300 11 379 in the amount of $28,000 to cover sewer improvements. Bond No. PB 300 11 379 in the amount of $73,000 to cover material and labor for street, water, and sewer improvements. 5. Bond No. PB 300 11 380 in the amount of $10,100 to cover subdivision monumentation. R:\AGDRFr\97\0527\TR227162.ACC Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership. On June 28, 1994, the new partnership, Tayco, a California General Partnership (comprised of Taylor Woodrow Homes California Limited, a California Corporation, and Taylor Woodrow Real Estate, a California Corporation) submitted a new agreement and riders to the surety bonds for City Council acceptance and approval. Tayco sold this project and subsequent interests have been acquired by: Van Daele 79 Venture, Ltd. a California corporation, 2900 Adams Street, Suite C-25 Riverside, CA 92504 The new developer submitted Faithful Performance and Subdivision Monument securities in the following amounts as posted by their surety, American Motorists Insurance Company. Bond No. 3SM80712200 in the amount of $73,000 to cover the remaining street, water system, and sewer system improvements and the requisite warranty amount. Bond No. 3SM80712500 in the amount of $10,100 to cover subdivision monumentation. Additionally, the new developer submitted Labor and Material securities in the full amount as follows: Bond No. 3SM80712200 in the amount of $73,000 for labor and materials. On June 27, 1995, the City Council accepted the substitute agreement and bonds. The Eastern Municipal and Rancho California Water Districts have accepted their appropriate systems. Public Works Staff has inspected and approved the public improvements, and finds that the subdivision monumentation meets City requirements. Therefore Staff recommends acceptance of the public improvements, initiation of the one-year warranty period, reduction in faithful performance security amounts to the ten-percent (10%) warranty level, and release of the subdivision monumentation security, as follows: Bond No. 3SM 80712200 reduced to Faithful Performance warranty amount of $14,600 Bond No. 3SM 80712500 release of subdivision monumentation security of $10,100 The Labor and Materials security will be retained for the contractual six month period pending any claims for labor and materials. The affected street, Corte La Puenta, is being accepted into the City Maintained-Street System by City Council Resolution No. 97- at this time. FISCAL IMPACT: None Attachment: Location Map R:\AGDRF~97~0527~TR227162.ACC t~°T T6 ~ TRACT NO. 22716-2 Location Map TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager APPROVAl ~'~.~ CITY ATTORNEY FINANCE DIRECI~O~- CITY MANAGER Joseph Kicak, Director of Public Works/City Engineer May 27, 1997 Accept Subdivision Monumentation in Tract No. 24134-1. (Southeasterly of Intersection of Pauba Road at Margarita Road) PREPARED BY'. Ronald J. Parks, Principal Engineer - Land Development ~ Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the Subdivision Monumentation in Tract No 24134-1, AUTHORIZE release of the Subdivision Monumentation security, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On April 9, the City Council approved Tract Map No. 24134-1, and entered into subdivision agreements with: Bedford Development Company, a California Corporation (Now KI/FKLA Rancho Realty, LLC) for the improvement of streets and drainage, installation of sewer and water systems, subdivision monumentation and traffic signalization mitigation fees. Accompanying the subdivision agreements were Instruments of Credit posted by Butterfield Financial Corporation in the following amounts: $901,500 ($623,000, $146,500, and $132,000, respectively) to cover faithful performance for streets and drainage, and water and sewer improvements. $451,000 ($311,500, $73,500, and $66,000, respectively) to cover labor and materials for streets and drainage, and water and sewer improvements. 3. $27,500 to cover subdivision monumentation. 4. $12,750 to cover traffic signalization mitigation fees. R:\AGDRPT~,97\0527\TR241341 .MON On June 11, 1991, the City Council accepted substitute Instruments of Credit for the Faithful Performance and Labor and Materials securities. Subsequent to the recordation of Tract No. 24134-1, it was discovered that the developers engineer had overestimated the construction costs for street and storm drain improvements by $112,500. The resulting revised security amounts were as follows: 1. $789,000 ($510,500, $146,500, and $132,000, respectively) to cover faithful performance for revised street and drainage costs, and original water and sewer costs. 2. $395,000 ($255,500, $73,500, and $66,000, respectively) to cover labor and material for revised street and drainage costs, and original water and sewer costs. On December 10, 1996, City Council accepted the public improvements, initiated the one-year warranty period, reduced faithful performance security amounts to the ten-percent (10%) warranty amounts, and accepted the following securities in substitution for warranty purposes and for materials and labor as posted by Aetna Casualty and Surety Company as surety: Bond No. 100869980-96-041 in the amount of $78,900 for faithful performance warranty. Bond No. 100869980-96-041 in the amount of $395,000 for labor and materials. The subdivision monumentation has been inspected and documents have been reviewed and Staff recommends the release of the monumentation security as follows: Subdivision Monument Security Instrument of Credit in the amount of $27,500. The affected streets were accepted into the City Maintained-Street System by City Council Resolution No. 96-150 on December 10, 1996. The streets within the subdivision are Cala Rosso, Via Campanario, Corte Siero, Corte Cabello, Corte Abanilla, and portions of Amarita Way, Via Rami, and Pauba Road. FISCAL IMPACT: None Attachment: Location Map R :\AGDRPT\97~0527\TR241341 .MON I~I'EM 7 TO: FROM: DATE: SUBJECT: APPROVAl CITY ATTORNEY FINANCE DIRECT~/~ ~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager  '/,/Joseph Kicak, Director of Public Works/City Engineer May 27, 1997 Accept Public Improvements in Tract No. 22916-3. (Northwesterly corner of Intersection of Pauba Road at Butterfield Stage Road). PREPARED BY: Ronald J. Parks, Principal Engineer - Land Development  Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council ACCEPT the Public Improvements in Tract No 22916-3, AUTHORIZE the initiation of the one-year warranty period, reduction of the Faithful Performance Street and drainage, and Water and Sewer security amounts, and release of the Subdivision Monument security, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On September 18, 1990, the City Council approved Tract No. 22916-3 and entered into agreements with: Tayco (Joint Venture of Taylor Woodrow & Costain Homes, Inc.) for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. Accompanying the subdivision agreements were surety bonds posted by American Home Assurance Company as follows: 1. Bond No. PB 300 12 677 in the amount of $1,226,000 to cover street and drainage improvements. 2. Bond No. PB 300 12 677 in the amount of $115,000 to cover water improvements. 3. Bond No. PB 300 12 677 in the amount of $139,000 to cover sewer improvements. 4.. Bond No. PB 300 13 184 in the amount of $23,940 to cover subdivision monumentation. 5. Bonds No. PB 300 12 677 in the total amount of $ 740,000 to cover materials and labor for street and drainage, water, and sewer improvements. R:\AGDRPl-~97\O527\TR229163.ACC Effective December 31, 1993, Costain Homes Inc. withdrew from the joint venture partnership. The subject Tract 22916-3 was one of three for which Costain Homes Inc. became the sole developer. Costain Homes Inc. executed a new agreement and substituted new bonds in the full amount. On June 14, 1994, the City (~ouncil accepted the following substituted bonds as posted by American Motorists Insurance Company: Bond No. 3SM 802 784 00 in the total amount of $1,480,000 for Faithful Performance for streets, water and sewer improvements. Bond No. 3SM 802 784 00 in the total amount of $740,000 for Labor and Materials for streets, water, and sewer improvements. 3. Bond No. 3SM 802 670 00 in the amount of $26,400 for subdivision monumentation. The work has now been completed and Eastern Municipal and Rancho California Water Districts, and the Riverside County Flood Control & Water Conservation Districts have accepted their items of work. Public Works Staff therefore recommends acceptance of the public improvements, reduction in Faithful Performance security amounts to the ten-percent warranty level, and initiation of the one-year warranty period. Therefore it is appropriate to reduce the Faithful Performance security to the following ten- percent (10%) warranty amount: Street, water, and sewer improvements Bond No. 3SM 802 784 O0 $148,000 The subdivision monumentation requirements have been met, and Staff therefore recommends release of the following security: Bond No. 3SM 802 670 00 in the amount of $26,400 for subdivision monumentation. The affected streets are being accepted into the City Maintained-Street System by City Council Resolution No. 97- at this time. The streets within the subdivision to be accepted are Camino Merano, Corte Zamora, and portions of Corte Parado, Camino Nunez, and Butterfield Stage Road. The portion of Pauba Road will be recommended for acceptance at the time of City Council acceptance of Pauba Road construction performed under Assessment District No. 159. FISCAL IMPACT: None Attachment: Location Map R:\AGDRPT~97\O527\TR229163.ACC I I TRACT NO. 22916-3 Location Ma, ITEM 8 TO: FROM: DATE: SUBJECT: APPROVAL CITY MANAGER "},,/~/~,.~-~. CITY OF TEMECULA AGENDA REPORT City Council/City Manager _~' Joseph Kicak, Director of Public Works/City Engineer May 27, 1997 Amendment No. 1 to Electrical Agreement for Maintenance of Signal and Lighting Systems on State Highways PREPARED BY: ~ Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council approve Amendment No. 1 to the Electrical Agreement for Maintenance of Signal and Lighting Systems on State Highways with the State Department of Transportation. BACKGROUND: On October 22, 1991, an agreement for maintenance and energy costs for traffic signals on State Highways 15 and 79 was executed between the City and the State. This agreement spelled out the distribution of costs for the maintenance and the energy for each of the signalized intersections. The original four intersections were located at Winchester Road (79N) at 1-15 north and south bound ramps, Ynez Road at Winchester Road (79N), and Margarita Meadows at Winchester Road (79N). Amendment No. 1 will provide for a cost distribution of 100% for the maintenance to be paid for by the State and 100% of the energy cost to be paid for by the City for all traffic signals that were built by the City within State right-of-way. This amendment will also delete the two traffic signals on Winchester Road at the ramps, which will require the State to pay all costs for maintenance and energy, since both Winchester Road and the 1-15 Freeway are State routes. The following traffic signals have been added to the agreement: 2. 3. 4. 5. 6. 7. 8. Rancho California Road - north and south bound ramps at 1-15 Freeway. Margarita Road at Highway 79 North. Nicolas Road at Highway 79 North. Butterfield Stage Road at Highway 79 South (under construction). Margarita Road at Highway 79 South. Pala Road at Highway 79 South. La Paz Street at Highway 79 South. Bedford Court at Highway 79 South (under construction). r:\ag d rpt\97\0527\ts amend n 1. co p/seh This brings the total to 11 signalized intersections, two of which are under construction. Each time the City installs a new traffic signal within the State right-of-way an amendment will be required to be executed between both parties for the maintenance and energy costs. The energy costs include traffic signal lights, safety lights, and illuminated street name signs. FISCAL IMPACT: A monthly electrical power charge from Southern California Edison will be billed to the City for each additional traffic signal for an estimated amount of $165/month per intersection and adequate funds are available in Account Number 191-180-999-5319. Attachment: Amendment No. 1 r:\agdrpt\97\0527\tsamendn 1 .cop/seh AMENDMENT NO. 1 CITY OF TEMECULA APRIL 4, 1997 AMENDMENT TO ELECTRICAL AGREEMENT FOR MAINTENANCE OF SIGNAL AND LIGHTING SYSTEMS ON STATE HIGHWAYS entered into by and between the City of Temecula, hereinafter referred to as "the CITY", and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "the STATE". WITNESSETH: WHEREAS, an Agreement for electrical maintenance and power costs of State Highways 15 and 79 was executed between the CITY and the STATE on October 22, 1991, and WHEREAS, said Agreement by its terms provides that it may be modified or amended at any time upon mutual consent of the parties; and WHEREAS, the parties hereto now desire that said Agreement be amended, THEREFORE, it is understood and agreed that said Agreement is hereby amended in accordance with the attached Exhibit "A", dated April 4, 1997, which shall replace like Exhibit "A" in said Agreement, and shall cancel and supersede such like page, becoming part of said Agreement for all purposes. In all other respects, said Agreement shall remain in full force and effect. AMENDMENT NO. 1 This Amendment shall become effective this April 4, 1997. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By MIKE MILES District Division Chief Office of Maintenance CITY OF TEMECULA By Mayor Attest: City Clerk EXHIBIT "A" Effective October 1, 1991 Revised April 4, 1997 ROUTE P.M. 15 4.900 15 4.910 79 R2.500 79 R3.290 79 R3.980 79 R3.800 S79 16.000 S79 17.376 S79 19.000 S79 19.340 S79 19.600 CITY OF TEMECULA ELECTRICAL FACILITIES MAINTAINED BY THE STATE Distribution of Costs Operation and Maintenance - 100% STATE Electrical Energy - 100% CITY LOCATION E# RANCHO CALIFORNIA RD, 0542 S/B RAMPS RANCHO CALIFORNIA RD, 0543 170 N/B RAMPS YNEZ ROAD 0342 170 MARGARITA MEADOWS 0327 170 MARGARITA ROAD 0345 170 NICOLAS ROAD 0697 170 BUTTERFIELD STAGE RD 0346 MARGARITA ROAD 0727 PALA ROAD 0014 LA PAZ STREET BEDFORD COURT 0004 0754 SIGNAL 170 SAFETY LIGHTS 3-250W HPS ILLUM SIGNS 3-250W HPS 4-200W HPS 4-200W HPS 4-200W HPS 2-200W HPS 3-055W SNA 4-055W SNA 2-110W SNB 1-150W SND (under construction) 4-200W HPS 3-200W HPS 4-200W HPS 2-110W SNB 2-150W SND 1-055W SNA 2-110W SNB 4-110W SNB (under construction) i~i'EM 9 TO: FROM: DATE: SUBJECT: CITY ATTORNEY AGENDA REPORT City Council/City Manager /~oseph Kicak, Director of Public Works/City Engineer May 27, 1997 Acceptance of Public Street into the City Maintained-Street System (Within Tract No. 22716-2). (Northerly of the intersection of Meadows Parkway at Rancho Vista Road). PREPARED BY: Ronald J. Parks, Principal Engineer - Land Development /4~ Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council adopt a resolution entitled: RESOLUTION NO. 97-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREET INTO THE CITY MAINTAINED-STREET SYSTEM {WITHIN TRACT NO. 22716-2) BACKGROUND: The Riverside County Board of Supervisors approved Tract No. 22716-2 on October 24, 1989, and entered into Subdivision Improvement Agreements for construction of street, water and sewer improvements with Tayco (Joint Venture of Taylor Woodrow Homes & Costain Homes, Inc.). The City Council approved substitution of agreement and securities on June 28, 1994, for a change in partnership to Tayco, a California General Partnership (comprised of Taylor Woodrow Homes California Limited, a California Corporation, and Taylor Woodrow Real Estate, a California Corporation). The City Council approved a second substitution of agreement and securities on June 27, 1995, for new developer, Van Daele 79 Venture, Ltd., a California Corporation. The City Council accepted the public improvements for this tract on May 27, 1997, and initiated the faithful performance warranty period. The public street now being accepted into the City Maintained-Street System by this action is Corte La Puenta. R:\AGDRPI~97~0527\TR227162.MST FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. ATTACHMENTS: Resolution No. 97- with Exhibits "A-B", inclusive. R:~,AGDRPT\97\0527~TR227162.MST RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREET INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACT NO. 22716-2) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City of Temecula accepted offer of dedication of certain lot for public road and public utility purposes made by Tayco (Joint Venture of Taylor Woodrow Homes & Costain Homes, Inc.) with the recordation of Tract Map No. 22716-2; and, WFIEREAS, The City of Temecula accepted the improvements within Tract No 22716-2 on May 27, 1997. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System that street offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 27th day of May, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek City Clerk R:\AGDRPT\97\0527\TR227162.MST [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27th day of May, 1997, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: R:~AGDRFI~97\0527\TR227162.MST EXHIBIT "A" TO RESOLUTION NO. 97- Accepting the public street offered to and accepted by the Riverside County Board of Supervisors and to the City of Temecula by succession upon City incorporation on December 1, 1989, as indicated on Tract Map No. 22716-2, and accepting subject public street into the City Maintained-Street System as described below: That lot described as Lot "A", as shown on Tract Map No. 22716-2, f'ded 26 October 1989, in Book 208 of Maps, Pgs 78-81 Incl., further described as follows: Lot "A" Corte La Puenta R:~AGDRPT~97\0527\TR227162 .MST EXHIBIT "B" TO RESOLUTION NO. 97- SUBJECT ACCEPTANCE -PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: VICINITY MAP L~GEND NOTE: MAPS NOT TO SCALE STIllErS OR PORTIONS OF STREET~ TO B£ ACCEFI'I~ ~ CITY- I~I'EM 10 TO: FROM: DATE: SUBJECT: APPROVAl ~1 ~ ,~"" CITY ATTORNEY ~ FINANCE DIRECTOr'o· CITY MANAGER ~)- CITY OF TEMECULA AGENDA REPORT City Council/City Manager :,~ Joseph Kicak, Director of Public Works/City Engineer May 27, 1997 Acceptance of Public Streets into the City Maintained-Street System (Within Tract No. 22916-3). (Northwesterly corner of the intersection of Pauba Road at Butterfield Stage Road) PREPARED BY: Ronald J. Parks, Principal Engineer - Land Development -~ Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council adopt a resolution entitled: RESOLUTION NO. 97-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM, (WITHIN TRACT NO. 22916-3) BACKGROUND: The City Council approved Tract No. 22916-3 on September 20, 1990, and entered into Subdivision Agreements for construction of street, water and sewer improvements with Tayco (Joint Venture of Taylor Woodrow Homes and Costain Homes Inc.). On June 14, 1994, the City Council approved substitute agreement and accepted substitute bonds submitted by Costain Homes Inc., as the new sole developer. The City Council accepted the public improvements for this tract on May 27, 1997. The public streets now being accepted by this action are Camino Merano, Corte Zamora, and portions of Corte Parado, Camino Nunez, and Butterfield Stage Road. The portion of Pauba Road will be recommended for acceptance at the time of City Council acceptance of Pauba Road construction performed under Assessment District No. 159. FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. Attachments: Resolution No. 97- with Exhibits "A-B", inclusive. R:\AGDRPT~97\0527\TR229163.STS RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACT NO. 22916-3) THE CITY COUNCIL OF THE CITY OF TEMECIJLA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The City Council accepted offers of dedication of certain lots for public road and public utility purposes made by Tayco (Joint Venture of Taylor Woodrow Homes & Costain Homes Inc.), now Costain Homes Inc. with the recordation of Tract Map No. 22916-3; and, WI~~, The City of Temecula accepted the improvements within Tract No 22916-3 on May 27, 1997. 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 City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 27th day of May, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk R:\AGDRPT~97\0527\TR229163.STS [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27th day of May, 1997, by the following vote: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: R:~a, GDRPT~97\0527\TR229163.STS EXHIBIT "A" TO RESOLUTION NO. 97- Accepting the public streets offered to and accepted by the City of Temecula as indicated on Tract Map No. 22916-3, and accepting subject public streets into the City Maintained-Street System as described below: Those lots described as Lots "A" and Lots "C" through "F", as shown on Tract Map No. 22916-3, f'ded on the 21st of September, 1990, in Book 225 of Maps, Pgs 57-64 inclusive, further described as follows: Lot "A" Lot "B"** Lot "C" Lot "D" Lot "E" Lot "F" Portion of Butterfield Stage Road Portion of Pauba Road Camino Merano Portion of Corte Parado Portion of Camino Nunez Corte Zamora ** This portion of Pauba Road will be recommended for acceptance into the City Maintained-Street System concurrently with the Pauba Road improvements constructed under Assessment District No. 159 but not yet accepted by the City of Temecula. R:\AGDRPT~97\O527\TR229163.STS EXHIBIT "B" TO RESOLUTION NO. 97- SUBJECT ACCEPTANCE -PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW: VICINITY' m~ LOT ~ PAUB~ ~5 Z~ Z7Z~Z~ L~:.GEND NOTE: MAPS NOT TO SCAI,E ~ OR PORTIONS OF ~ TO BE ACC~ 12q'l'O CITY- l~dl~T~ ~ $Ym CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, Director of Community Services DATE: May 27, 1997 SUBJECT: Acceptance of Sewer Easements within Lots 27 and 28 - Tract No. 21067. (Adjacent to Pala Road Community Park) ~: ~AMRME ~NBDY/~ N.~J~~i i~I YasinOsky' DevelOpment Services Analyst TIO . the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE GRANT OF SEWER EASEMENTS WITHIN LOTS 27 AND 28 OF TRACT NO. 21067. 2. Authorize the City Clerk to record the Grant of Easement Documents. BACKGROUND: The ultimate design plans for Pala Road Community Park proposed the construction of a restroom/snack bar facility within the northwest portion of the park, near the general location of lots 27 and 28 within Tract No. 21067. In order to provide a sewer connection from the mainline in Canterfield Drive to the proposed restroom/snack bar building, a sewer lateral was constructed within the common side yard property line of lots 27 and 28. Due to elevated groundwater and flooding issues during the construction period, Pala Road Community Park was redesigned and the restroom/snack bar was deleted from the amended plans. However, with future development anticipated in the surrounding area, the subsequent channel improvements within Temecula Creek may allow the City to move forward will the ultimate park improvements which would include the restroom/snack bar facility. As a result, staff is recommending the acceptance of the sewer easement documents to accommodate the potential construction of additional improvements within Pala Road Community Park. The Grant of Easement Documents have been reviewed and approved by the Department of Public Works and are provided for your review. r: \yasinobk\sewer ,prp 052797 FISCAL IMPACT: None. The sewer easements will allow the City to proceed with a future phase of Pala Community Park if desired. ATTACHMENTS: 1. 2. Resolution. Grant of Easement Documents r: \y asinobk~sewer.prp 052797 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING THE GRANT OF SEWER EASEMENTS WITHIN LOTS 27 AND 28 OF TRACT NO. 21067. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council does hereby f'md and determine as follows: A. The property owners of lots 27 and 28 within Tract No. 21067 have provided the City of Temecula with Grant of Easement Documents for the operation, maintenance and repair of a sewer lateral constructed within their common side yard property line; and B. Said connection to the sewer lateral will be necessary upon construction of future improvements within Pala Road Community Park; and C. The City desires to accept the Grant of Easements for the sewer lateral located within lots 27 and 28 of Tract No. 21067 as offered; Section 2. The City Council of the City of Temecula hereby accepts the grant of easements, as follows: A. The City Council accepts the easements over those areas more particularly described in Exhibit "A" and "B" and attached hereto and incorporated into this resolution by reference. Section 3. 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 27th day of May, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] r: \yasinobk\sewer .prp 052797 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27th day of May, 1997, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: C OUNCILMEMBERS: r:\yasinobk\sewer.prp 052797 Recording Requested By: The City of Temecula And When Recorded Mail to: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 No Recording Fee Exempt pursuant to Government Code 3 6103 "EXHIBIT A" SPACE ABOVE Tills LINE FOR RECORDER'S USE GKANT OF EASEMENT FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, CINDY A. WEBB, and DANIEL C. VEGA, joint tenants, (collectively "Grantors"), hereby grant to the CITY OF TEMECULA, a public body, corporate and politic (the "City"), an easement for constructing, reconstructing, maintaining, operating, inspecting, repairing, and replacing underground sewer lines consisting of one or more pipelines, markers, valves, meters and other fixtures, devices, structures, appurtenances or equipment necessary or convenient for sewer transmission or distribution in, under, across and along the real property situated in the County of Riverside, State of California and more particularly described in the attached Exhibit "A:, and depicted in the attached Exhibit "B" (the "Easement Area"), subject to the following conditions and restrictions: 1. The City shall use reasonable efforts to notify Grantor in writing prior to the exercise of the rights granted hereunder; 2. In the event the City exercises any of the rights granted hereunder, the City shall use reasonable efforts to restore Grantors' landscaping and facilities, if any, to the condition of such landscaping and facilities prior to the exercise of such rights. 3. Grantor, and Grantors' successors and assigns, shall not place any obstruction, structure or tree over the Easement Area without the prior written consent of the City. The City shall have the right to remove any obstruction, structure or tree which might endanger or interfere with the City's exercise of the rights granted hereunder. 4. This easement shall run with the land and be binding on successors in interest. If any legal action or any arbitration or other proceeding is brought for the enforcement of this easement, the prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in that action or proceeding in addition to any other relief to which they may be entitled. K\YASRqOBK\WEB-VEGA. ESM "GRANTORS" DANIEL C. VEGA STATE OF CALIY'ORNIA COUNTY OF RIVERSff)E On "'t I ~o \ctq before me the undersigned, A Notary Public in and for the State of California, personally appeared ~, ~c~ ~ ~)e~ q- ~5~,~.A C. ~Je.o~ personally known to me (or proved to me'on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. R\YASllqOBIGWEB-VEGA. ESM EXHIBIT LEGAL DESCRIPTION FOR UTILITY E~SEMENT LYIN~ OVER, UNDER ~ND ACROSS ~ PORTION OF LOT 27 OF TRACT NO. 21067 Lying over, under and across a portion of Lot 27 of Tract No. 21067, as per map recorded in Book 231, Pages 41 through 48, of Maps, records of Riverside County, in the City of Temecula, State of California, and being more particularly described as follows: The Easterly 5.00 feet of said Lot 27 of Tract No. 21067. Subject to: Covenants, conditions, restrictions, reservations, easements, and right-of-ways of record, if any. Containing: 0.0132 Acres, more or less. (See Exhibit "B" attached hereto and by this reference made a part hereof. ) hn~e~ nson Date Expires: 0-97 . C.E. No. 22446 9-3 HAL/hal February, 25, 1997 J.N. 94022 C:~94022~2728SWR.LEG Page 1 of 1 Pages 'ON I , ! , CERTIFICATE OF ACCEPTANCE This is to certify that the interests in real property as set forth in the Grant of Easement to the City of Temecula, a public body, corporate and politic, is hereby accepted for purposes of recordation by order of the City Council on and City consents to the recordation thereof by its duly authorized officer. Dated: lune S. Greek, City Clerk R.\y~ INOBK3.WEB-VEGA. ESM Recording Requested By: The City of Temecula And When Recorded Mail to: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 No Recording Fee Exempt pursuant to Government Code 5 6103 "EXHIBIT B" SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, SANTA BARBARA 86, A CALIFORNIA LIMITED PARTNERSHIP ("GRANTOR"), hereby grants to the CITY OF TEMECULA, a public body, corporate and politic (the "City"), an easement for constructing, reconstructing, maintaining, operating, inspecting, repairing, and replacing underground sewer lines consisting of one or more pipelines, markers, valves, meters and other fixtures, devices, structures, appurtenances or equipment necessary or convenient for sewer transmission or distribution in, under, across and along the real property situated in the County of Riverside, State of California and more particularly described in the attached Exhibit "A", and depicted in the attached Exhibit "B" (the "Easement Area"), subject to the following conditions and restrictions: 1. The City shall use reasonable efforts to notify Grantor in writing prior to the exercise of the rights granted hereunder; 2. In the event the City exercises any of the rights granted hereunder, the City shall use reasonable efforts to restore Grantors' landscaping and facilities, if any, to the condition of such landscaping and facilities prior to the exercise of such rights. 3. Grantor, and Grantors' successors and assigns, shall not place any obstruction, structure or tree over the Easement Area without the prior written consent of the City. The City shall have the right to remove any obstruction, structure or tree which might endanger or interfere with the City's exercise of the fights granted hereunder. 4. This easement shall run with the land and be binding on successors in interest. If any legal action or any arbitration or other proceeding is brought for the enforcement of this easement, the prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in that action or proceeding in addition to any other relief to which they may be entitled. RXYASINOBK~ B86.ESM "GRANTOR" SANTA BARBARA 86, a California Limited Partnership Its: Date STATE OF CALIFORNIA COUNTY OF RIVERSIDE OnMa r c h 19 ~ 19 9 7 before me the undersigned, A Notary Public in and for the State of California, personally appeared B. J. B i r d personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~J'whose nameffff)(~are subscribed to the within instrument and acknowledged to me that (~she/their authorized capacity (ies), and that by fi~aer/their signature (s) on the instrument the person f4r), or the entity upon behalf of which the person 0ffacted, executed the instrument. WITNESS my hand and official seal. Signature COMU. # 'U054~8 Notary Puldic Califenda ORANGE COUNTY R\YASINOBK\SB86.ESM CERTIFICATE OF ACCEPTANCE This is to certify that the interests in real property as set forth in the Grant of Easement to the City of Temecula, a public body, corporate and politic, is hereby accepted for purposes of recordation by order of the City Council on and City consents to the recordation thereof by its duly authorized officer. Dated: June S. Greek, City Clerk R\YASINOBKXSB86.ESM EXHIBIT LEGAL DESCRIPTION FOR UTILITY EASEMENT LYING OVER, UNDER AND ACROSS A PORTION OF LOT 28 OF TRACT NO. 21067 Lying over, under and across, a portion of Lot 28 of Tract No. 21067, as per map recorded in Book 231, Pages 41 through 48, of Maps, records of Riverside County, in the City of Temecula, State of California, and being more particularly described as follows: The Westerly 5.00 feet of said Lot 28 of Tract No. 21067. Subject to: Covenants, conditions and restrictions, reservations, easements and right-of-way of record, if any. Containing: 0.0132 Acres, more or less. (See Exhibit "B" attached hereto and by this reference made a part hereof.) Date Expires: 9-30-97 HAL/hal February 25, 1997 J.N. 94022 C:~94022~2728SWR.LEG CITY ATTORNEY DIR. OF FINA~C% TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance May 27, 1997 Revisions to City of Temecula Travel Policy PREPARED BY: Tim McDermott, Assistant Finance Director~ RECOMMENDATION: Policy. That the City Council approve the revised City of Temecula Travel DISCUSSION: According to the current City of Temecula Travel Policy, reimbursement for meals and other incidental expenses incurred (other than meeting registration, transportation, and lodging) is limited to $50 per day for each full day involved in travel on City business. An exception is made for four cities that have been designated as "high cost" cities (New York City, San Francisco, Chicago, and Washington D.C.). For travel to these "high cost" cities the reimbursement limit is $100 per day. A full day of travel is currently defined as travel involving more than five consecutive hours of travel and meeting time. It has been determined that in some instances the $50 reimbursement limit is inadequate to cover the entire cost of meals and incidental expenses incurred in City business travel. As such, the attached revised travel policy increases the reimbursement limit to $100 for all full day travel. However, the definition of full day travel has been revised as well to include only travel involving more than twelve consecutive hours of travel and meeting time. Qualifying travel (more than 45 miles from City limits) of less than twelve continuous hours will be eligible for a maximum reimbursement of $50. As has always been the case, no reimbursement shall be provided without proper receipts or other substantiating documentation. FISCAL IMPACT: Minimal fiscal impact is expected. ATTACHMENT: Proposed City of Temecula Travel Policy (revised) CITY OF TEMECULA TRAVEL POLICY BACKGROUND The City of Temecula fully supports City staff and officials' attendance at meetings, seminars, and training sessions to promote staff appreciation and understanding of municipal responsibilities and duties. Likewise, the City will reimburse all official travel and expenses incurred in conjunction with such offsite/"out of City" events. POIJCY City employees shall not incur any cost relating to traveling to, or attendance of, a conference, training course, workshop, or similar meeting without first obtaining Department Director or City Manager approval. Likewise, no expenditures will be authorized in excess of budgeted amounts. Any transfers of funds or supplemental appropriations must be made in advance of the expenditure. Travel Expense Reports, which are available in the Finance Department, must be submitted to the Finance Department with all required approval signatures within ten days of returning from travel. Failure to submit travel reports in a timely manner may result in the employee not being reimbursed for expenses incurred. NOTE: No reimbursements shall be provided without receipts or other substantiating documentation. A. MODE OF TRAVEL Authorized travel shall be by the most cost effective, appropriate means of transportation available. When the use of a personal vehicle is authorized, reimbursement for mileage shall be at the current IRS rate. NOTE: Reimbursable mileage for personal vehicle use includes only that mileage in excess of an employee's normal commute to and from his or her regular workplace. If a City vehicle is authorized, a credit card can be obtained for all routine purchases of gas and oil. If more exmnsive repairs are warranted, then these receipts must also be submitted with the gas/oil receipts upon the employee's return to City Hall. Use of the City vehicle must be noted on the Travel Expense Report. All air travel shall be at the coach class or equivalent service. Every effort should be made to take advantage of special fares, group rates, etc. R : INORTONL IMANUALY~ TRA VF_.L9Z POL 1 05/20/97 Private automobile use to and from the airport may be submitted for reimbursement in accordance with the provisions herein. Use of a rental vehicle at an employee's travel destination must be approved in advance, and should only be approved if alternate transportation is determined to be more expensive or impractical. Failure to obtain prior approval may result in this expense not being reimbursed. When practical, courtesy shuffle services, buses, or limousine services should be used to travel from the airport to meeting locations. B. LODGING Reservations for lodging should be made in advance to ensure safe, clean, and quality accommodations at the most economical rate. Lavish or oversized accommodations cannot be justified. Accommodations should be identified at the earliest opportunity to allow the City to pay for these expenses directly. When available, conference headquarter hotels are encouraged, as they eliminate transportation costs to and from meeting sites. Lodging expenses for non- authorized personnel are strictly prohibited, and may not be submitted for reimbursement. Reimbursement for lodging shall be based on receipts submitted for the actual cost of the lodging, including taxes and service charges. Official business telephone charges and two (2) personal telephone calls per full day of travel (not to exceed $10.00 per day), which are included in the lodging bill, may also be submitted for reimbursement. C. OTHER EXPENSES 1. Registration Whenever practical, pre-registration should be used and costs paid directly by the City in advance of the scheduled event. If pre-registration is impossible and the City official or employee must pay registration costs, the actual cost of registration will be reimbursed. 2. Reimbursement Limit A "reimbursement limit" mount of ~'~^ $100 day for each full day involved in travel on City q~,JU per business for distances over 45 miles from City limits is authorized. A "full day" is defined as travel and training involving more than frye twelve (12) consecutive hours of travel and conference time. Le~ss than frye twelve (12) consecutive hours is defined as a half day; likewise, the reimbursement limit will then be computed at half rate. Receipts are always required. The reimbursement limit is intended to cover all expenses other than registration, transportation, and lodging. IJ~ New York City, San Francisco, Chicago, and Washington, D.C., a rcimbur~mcnt limit of $100 is authorized. 3. Advance Per Diem For purposes of this policy, advance per diem is that amount advanced to a City official or employee to cover meal and miscellaneous reimbursable expenses incurred when traveling more than 45 miles from the City on City business. The per diem limit to be advanced is the same as R: INOR TONL [MANUALSl IRA VEL9Z POL 2 05/20/97 the reimbursement limit defmed above, and will generally be authorized only for multiple-day conferences. The maximum advance authorized shall not exceed $200. This advance of funds shall be approved by the appropriate Department Director and Director of Finance prior to a disbursement of funds. Failure to provide receipts within ten days of returning will result in the employee reimbursing the City for all funds advanced. Any unspent portion of the advance must also be returned to the City Cashier within ten days of returning. 4. General Guidelines a. Credit cards are to be used for City business expenses only. City business expenses include registration for conferences/meetings, travel expenses, and lodging. Receipts for credit cards must be submitted with the employee's travel expense report' within ten days of returning from travel. Failure to do so may jeopardize that employee's future travel reimbursements until the outstanding travel report is reconciled by the Finance Department. b. When meals are offered as part of a "conference package", reimbursement will not be provided for meals taken in place of conference meals. c. When using a credit card for meals, names of guests must be written on the receipt. Likewise, reimbursement for non-business guests must be made at the time the credit card receipts and reimbursement forms are submitted (before payment is made). d. Alcohol is not a reimbursable expense. If alcohol is consumed, a separate bar bill should be requested. This bill should not be part of reimbursement requested on the travel expense report. e. If an employee desires to remain at a conference/meeting location for personal business or pleasure, reimbursement is not eligible for those extra days. D. TRAVEL AUTHORIZATION Business or conference travel requests estimated to exceed $100 should be submitted with department annual budget request, when these expenses can be anticipated for the upcoming fiscal year. If approval for travel expenses is not obtained prior to an employee's traveling, then the employee may not receive reimbursement for expenses incurred. E. FAIR LABOR STANDARDS ACT (FLSA) Compensation requirements with respect to time spent attending lectures, meetings, training programs, or similar activities during work time shall be counted as working time only if authorized in advance. No such authorization shall be given unless the activity is directly related to improving the employee's job performance. Time spent attending the aforementioned activities shall not be counted as working time when such attendance is outside the employee's regular working hours except in situations where the R: LIqORTONL IMANUALS[IRA VF. L9Z POL 3 05/20/97 employee is directed by the respective department director to attend such activity. In this case, employees who are entitled to overtime shall be compensated in accordance with the approved personnel Rules and Regulations with respect to overtime. This information is available in the Human Resources Department. F. TRAVEL TIME Time spent by an employee traveling between the employee's residence and regular work place is not work time and shall not be treated as hours worked. In the event that an employee must travel outside the City, time spent traveling between the employee's home and assigned destination shall be treated as time worked only to the extent that it exceeds the amount of time normally taken by the employee to travel between his/her residence and regular City work place. G. TRAVEL ACCOUNTS 1. Conferences (Acct g5258) shall be used to cover all costs relating to out-of-town, multi-day conferences. 2. Staff Training/Education (Account//5261) shall be used to cover all costs relating to local or out-of-town, single or multi-day, training sessions or seminars. H. DEFINITIONS Business Travel: Travel at which attendance of the participant is required to conduct specif'xc City business. City: When used shall mean City of Temecula. C/ty Emp/oyee: Any person regularly employed by the City on a full-time basis, elected officials, and members of advisory commissions or boards. Commissioner:. Any person appointed by the City Council to an officially established advisory board, commission, committee, or task force of the City. Conference Travel: Travel to attend meetings or conferences that are primarily for the educational or professional enrichment of the participant and not to transact specific business of the City, but for which the City will receive an indirect benefit. Elected Official: A member of the City Council. R: INOR TONI.. PdANUALSI TRA VELgZ POL 4 05/20/97 i~i'EM 13 DTR. OF FTNANCE ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance May 27, 1997 Financial Statements for the Nine Months Ended March 31, 1997 PREPARED BY: Tim McDermott, Assistant Finance Director Steve Oakley, Accountant RECOMMENDATIONS: That the City Council receive and file the Combining Balance Sheets as of March 31, 1997, the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Nine Months Ended March 31, 1997. DISCUSSION: The attached financial statements reflect the unaudited activity of the City for the nine months ended March 31, 1997. Please see the attached financial statements for the analytical review of financial activity. FISCAL IMPACT: None ATTACH M E NTS: Combining Balance Sheets as of March 31, 1997 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1997 Combining Balance Sheets (Internal Service Funds) as of March 31, 1997 Statement of Revenues, Expenses and Changes in Retained Earnings for the Nine Months Ended March 31, 1997 CITY OF TEMECULA Combining Balance Sheets as of March 31, 1997, and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31, 1997 and the Statement of Revenues, Expenses and Changes in Retained Earnings For The Nine Months Ended March 31, 1 997 Prepared by the Finance Department City of Temecula Combining Balance Sheet As of March 31, 1997 General Fund Assets: Cash and investments $ 17,447,372 Receivables 2,817,743 Due fi'om other funds 1,519,662 Totalassets $ 21,784,777 $ Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Total liabilities 2,165,560 2,165,560 Gas Tax Fund R.C. Reimb District 466,042 $ 166,195 $ 79,009 2,125 545,051 8,783 8,783 Dev Impact Fund 5,144,737 61,921 432,109 $ 168,320 $ 5,638,767 588,849 588,849 CDBG Fund $ 335,042 $ 335,042 $ 355,154 355,154 AB2766 Fund $ 199,828 12,349 $ 212,177 Fund balances: Reserved 1,611,065 Designated 11,541,277 Undesignated 6,466,875 Total fund balances 19,619,217 Total liabilities and fund balances $ 21,784,777 536,268 536,268 $ 545,051 $ 168,320 168,320 14,560 5,035,358 5,049,918 $ 168,320 $ 5,638,767 $ (20,112) (20,112) 335,042 $ 212,177 212,177 $ 212,177 Please note that these balances are unaudited. City of Temecula Combining Balance Sheet As of March 31, 1997 Assets: Cash and investments Receivables Due from other funds Total assets Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Total liabilities Measure "A" Fund $ 2,132,284 108,657 $ 2,240,941 CIP Fund $ 2,224,568 1,266,373 $ 3,490,941 $ 466,980 1,559,097 2,026,077 Marg Rd Reim Dist Fund $ 139,337 139,337 Deferred Comp Fund $ 1,016,050 Toml $ 28,797,076 4,683,219 1,951,771 $ 1,016,050 $ 35,432,066 $ 1,016,050 1,016,050 $ 961,471 5,338,339 6,299,810 Fund balances: Reserved Designated Undesignated $ 2,240,941 402,534 1,062,330 Total fund balances 2,240,941 1,464,864 Total liabilities and fund balances $ 2,240,941 $ 3,490,941 $ (139,337) (139,337) $ 1,016,050 2,564,427 20,260,403 6,307,426 29,132,256 $ 35,432,066 Please note that these balances are unaudited. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Nine Months Ended March 31, 1997 Revenues: Sales tax Developmental services: Planning Building & safety Engineering Grants Fire plan check and inspection Motor vehicle in lieu Property tax Property transfer tax Franchise fees Transient occupancy tax Contributions Reimbursements Reimbursements fxom TCSD Reimbursements l~om RDA Investment interest Business licenses Vehicle code fmcs Miscellaneous Bids & proposals Parking citations/impound fees Operating transfers in Total Revenues Annual Amended YTD Budget Activity 7,900,000 $ 6,499,882 200,000 206,144 1,291,000 1,030,234 850,000 917,800 127,393 177,234 75,000 84,110 1,459,315 1,202,727 1,169,450 576,241 150,000 118,949 960,000 718,612 650,000 545,041 10,000 300,000 178,883 162,000 121,500 75,000 56,250 725,000 682,133 140,000 133,440 55,000 26,916 37,000 69,480 13,000 3,153 45,000 53,743 754,211 17,138,369 $ 13,412,472 Percent of Budget 82% 103% 80% 108% 139% 112% 82% 49% 79% 75% 84% 60% 75% 75% 94% 95% 49% 188% 24% 119% 78% (1) (2) 0) 5 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Nine Months Ended March 31, 1997 Expenditures: Annual YTD Amended YTD Activity Percent Budget Activity Encumbr. + Encumbr of Budget City Council $ 461,412 $ 364,057 $ 1,770 $ 365,827 79% City Manager 539,490 381,815 2,359 384,174 71% City Clerk 527,077 400,434 2,996 403,430 77% City Attorney 385,000 285,307 285,307 74% Finance 811,372 558,762 46,270 605,032 75% Human Resources 310,068 210,022 10,634 220,656 71% Planning 1,068,751 685,878 11,997 697,875 65% Building 1,015,545 738,939 13,905 752,844 74% Engineering 781,864 548,178 2,869 551,047 70% Public Works 2,133,942 1,426,928 72,589 1,499,517 70% CIP Admin 650,969 461,480 2,229 463,709 71% Police 5,073,580 3,020,467 58,510 3,078,977 61% Fire Dept 1,565,354 1,090,674 1,478 1,092,152 70% Animal Control 55,000 25,032 25,032 46% (4) Non-departmental 4,458,777 757,266 757,266 17% (5) Total Expenditures 19,838,201 10,955,239 227,606 11,182,845 56% Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1996 (3,968,354) 2,457,233 17,161,984 17,161,984 Ending Fund Balance, March 31, 1997 $ 13,193,630 $ 19,619,217 (1) Property tax revenue is received primarily in January and May of each fiscal year. (2) The year to date amount only reflects seven months of vehicle code fines revenue due to an accrual t~om last fiscal year. (3) The operating transfer in from the Gas Tax Fund will be recorded at year end. As of March 31, 1997, $536,268 in gas tax revenues had been collected and are available for transfer to the General Fund. (4) The variance in Animal Control costs is due to savings being realized under the Lake Elsinore Animal Friends contract. (5) The variance is due primarily to the CFD 88-12 sales tax reimbursement which is not recorded until year end, and the budgeted $2.9 million operating transfer for the Rancho California Road Interchange project which has not yet been incurred. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund For the Nine Months Ended March 31, 1997 Annual Amended YTD Budget Activity Revenue s: Section 2105-2107 $ 739,211 Investment interest 15,000 Recovery of prior year expense Total Revenues 754,211 Expenditures: Operating transfers out 754,211 Revenues Over/CLlnder) Expenditures Beginning Fund Balance, July 1, 1996 Ending Fund Balance, March 31, 1997 $ Encumbr. Total Percent Activity of Budget $ 522,824 $ 522,824 71% (1) 8,839 8,839 59% 4,605 536,268 531,663 70% 536,268 $ 536,268 NOTES: (1) The year to date amount only reflects eight months of revenue. The March gas tax payment is not received until April. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Rancho California Road Reimbursement District For the Nine Months Ended March 31, 1997 Revenue 5: Investment interest Total Revenues Expenditures: Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1996 Ending Fund Balance, March 31, 1997 Annual Amended YTD Budget Activity $ 6,662 6,662 6,662 $ 161,658 161,658 $ 161,658 $ 168,320 Ene umbr. Total Activity $ 6,662 6,662 Percent of Budget City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Development Impact Fund For the Nine Months Ended March 31, 1997 Revenues: Public facilities Parks/habitat Public service Fire Signal mitigation Library Quimby Investment interest Total Revenues Expenditures: Consulting services Operating transfers out Total Expenditures Annual Amended YTD Budget Activity $ 4,079,316 $ 1,390,352 120,000 114,301 139,549 280,000 252,512 105,000 179,347 70,000 46,300 30,000 3,497 193,942 4,684,316 2,319,800 39,000 24,440 8,462,854 2,105,271 Encumbrance 14,560 Total Activity 1,390,352 114 301 139 549 252 512 179 347 46 300 3 497 193 942 2,319,800 39,000 2,105,271 8,501,854 2,129,711 14,560 2,144,271 Percent of Budget 34% 95% 90% 171% 66% 12% 50% 100% 25% 25% (1) (2) Revenues Over/Cclnder) Expenditures Beginning Fund Balance, July 1, 1996 Ending Fund Balance, March 31, 1997 (3,817,538) 190,089 4,859,829 4,859,829 1,042,291 $ 5,049,918 (1) The variance in Public Facilities revenue is due primarily to non residential development impact fees not being adopted for 1996-97. (2) The variance in operating transfers out is due to the timing of when the DIF funded CIP projects are started and costs are incurred. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Community Development Block Grant For the Nine Months Ended March 31, 1997 Annual Amended YTD Budget Activity Revenues: Grant revenue $ 285,903 $ Operating transfers in 14,583 Total Revenues 300,486 Expenditures: Other outside services 43,903 Operating transfers out 242,000 Total Expenditures 285,903 Revenues Over/(Under) Expenditures 14,583 Beginning Fund Balance, July 1, 1996 (14,583) Ending Fund Balance, March 31, 1997 $ $ 242,500 242,500 6,029 242,000 248,029 (5,529) (14,583) (20,1 Encumbr. NOTES: Final CDBG revenue and expenditure accruals will be done as part of year end closing. Total Activity 242,500 242,500 6,029 242,000 248,029 Percent of Budget 85% 81% 14% 100% 87% 10 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Bahnee - Budget and Actual AB 2766 Fund For the Nine Months Ended March 31, 1997 Revenues: AB 2766 Investment interest Total Revenues Expenditures: Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1996 Ending Fund Balance, March 31, 1997 Annual Amended YTD Budget Activity 48,000 $ 33,908 7,428 48,000 41,336 75,687 13,187 75,687 13,187 (27,687) 28,149 184,028 184,028 156,341 $ 212,177 Encumbr. Total Activity 33,908 7,428 41,336 13,187 13,187 Percent of Budget 71% 86% 17% 17% 11 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure "A" For the Nine Months Ended March 31, 1997 Annual Amended YTD Budget Activity Revenue s: Measure "A" $ 682,000 $ Investment interest Total Revenues 682,000 Expenditures: Operating transfers out 950,000 Revenues Over/CClnder) Expenditures (268,000) Beginning Fund Balance, July 1, 1996 1,437,521 Ending Fund Balance, March 31, 1997 $ 1,169,521 $ 733,103 70,317 803,420 803,420 1,437,521 2,240,941 Toml Percent Eneumbr. A~ivity of Budget $ 733,103 70,317 803,420 107% 118% (1) (1) The variance in operating transfers out is due to the timing of when projects are started and costs are incurred (primarily the Pavement Management project). 12 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Nine Months Ended March 3 l, 1997 Revenues: Operating transfers in Grants Contributions Reimbursements Investment interest SB 300 Article 3 (SB 821) Total Revenues Expenditures: Rancho Ca. Rd interchange Western bypass corridor Ynez Rd. between Rancho Ca. Rd. and Santiago Rd Pala Rd. bridge Diaz Rd.realignment I15 corridor study Walcott bypass Signal interconnect system Traffic signals - South 79/Margarita Traffic signals - Marg/Rusfic Glen Traffic signals - Winchester/Roripaugh Traffic signals - Margarita/Solana Traffic signals - Margarita/Winchester/Nicholas Pavement management Traffic signals - South 79/Pala Traffic signals - South 79/La Paz Sidewalk project #5 I 15/79S interchange Winchester Rd./Margarita to N. Willows Ave. Traffic signal Rancho Ca./Cosmic I15 corridor traffic study I15/79S interchange (ultimate) Pala Road improvements Pavement management system update Traffic signals Vincent Moraga/Rancho Ca. Road Traffic signals Rancho Ca. Rd./Via Las Colinas Flashing signals school Traffic signals Winchester/Enterprise Traffic signals Margarita Rd./Santiago Traffic signals 79S/Bedford Court Traffic signals 79S/Butterfield City sidewalk project (various) (continued) Annual Amended YTD Budget Activity 14,841,121 $ 3,400,747 2,877,400 25,492 110,000 853 1,119,000 685,198 197,425 381,130 133,517 19,462,168 14,697 4,324,412 Encumbr. 3,650,000 47,279 1,107,507 294,857 $ 122,941 215,000 2,143,168 4,500 955,973 171 40,400 32,620 6,204 2,248,417 1,853,503 18,283 464,512 156,830 37,952 291,522 129,502 28,787 58,817 58,305 83,000 72,513 50,046 118 1,000 138,965 138,964 948,807 54,149 790 132,162 83,063 6,296 128,809 90,229 6,499 24,229 34,348 146 1,458,564 351,822 76,181 1,200,000 1,200,000 117,083 91,637 7,224 20,500 200,000 150,000 45,000 3,922 30,460 30,000 56,120 60,000 56,120 120,000 120,000 125,000 104,338 132,000 Total Activity $ 3,400,747 25,492 853 685,198 197,425 14,697 4,324,412 47,279 417,798 4,500 171 38,824 1,871,786 194,782 158,289 58,305 72,513 1,118 138,964 54,939 89,359 96,728 34,494 428,003 1,200,000 98,861 34,382 104,338 Percent of Budget 23% 1% 1% 61% 11% 22% 1% 38% 0% 0% 96% 83% 42% 54% 99% 87% 2% 100% 6% 68% 75% 142% 29% 100% 84% 76% 83% 13 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Nine Months Ended March 31, 1997 Margarita community park Sports park improvements Parkview site project Emergency generator Duck pond park Maintenance yard Rancho California sports park restrooms Various park improvements (ADA) Winchester creek park Margarita sidewalk project Temecula Community Center Community Recreation Center improvements Fire station Museum First Street Bridge Realignment City Hall Annual Amended YTD Budget Activity Eneumbr. 1,531,255 2,308 4,359 137,384 47,659 21,038 228,007 115,079 23,334 195,594 121,896 6,867 198,577 22,384 9,618 1,024,902 744,702 234,092 20,937 28,859 1,792 159,950 5,868 3,031 694,045 24,047 12,850 110,000 267,000 265,184 150,000 7,922 48,955 1,645,817 1,441,581 113,821 395,964 119,123 270,860 1,986,207 1,977,498 8,983 Total Expenditures 25,588,220 9,726,780 831,503 Revenues Over/(Under) Expenditures (6,126,052) (5,402,368) Beginning Fund Balance, July 1, 1996 6,867,232 6,867,232 $ 741,180 $ 1,464,864 Ending Fund Balance, March 31, 1997 Total Activity 6,667 68,697 138,413 128,763 32,002 978,794 1,792 8,899 36,897 265,184 56,877 1,555,402 119,123 1,986,481 10,482,145 Percent of Budget 0% 50% 61% 66% 16% 96% 9% 6% 5% 99% 38% 95% 30% 100% 41% The variances in CIP project expenditures are due to the timing of when the various projects are actually started. 14 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Margarita Road Reimbursement District For the Nine Months Ended March 31, 1997 Total Revenues Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1996 Ending Fund Balance, March 3 l, 1997 Annual Amended YTD Budget Activity $ 7,585 7,585 $ (146,922) (146,922) $ (146,922) $ (139,337) Encumbr. Total Activity Percent of Budget 15 Internal Service Funds Combining Balance Sheet As of March 31, 1997 Assets: Cash and investments Receivables Property, plant and equipment (net of accumulated depreciation) Total assets Liabilities and fund equity: Liabilities: Due to other funds Current liabilities Total liabilities Fund equity: Contributed capital Retained earnings Total fund equity Total liabilities and fund equity Insurance Fund $ 1,185,915 $ 154,011 $ 1,339,926 $ $ 186,966 186,966 500,000 $ 652,960 1,152,960 $ 1,339,926 $ Vehicles Fund 127,962 1,704 121,959 $ 251,625 $ 214,539 37,086 251,625 251,625 $ Info Support Systems Services Facilities Fund Fund Fund Toml $ 153,469 $ 93,996 $ 1,561,342 1,592 660 157,967 660,955 278,672 1,061,586 660,955 $ 433,733 $ 94,656 $ 2,780,895 49,403 27,172 $ 76,575 473,065 111,315 584,380 660,955 $ 324,115 $ 44,456 $ 582,709 324,115 44,456 582,709 94,177 1,281,781 15,441 50,200 867,002 109,618 50,200 2,148,783 433,733 $ 94,656 $ 2,731,492 16 City of Temecula Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Funds For the Nine Months Ended March 31, 1997 Insurance Vehicles Fund Fund Revenues: Charges for services $ 219,585 $ 28,993 Investment interest 47,783 6,374 Gain on disposal of assets Miscellaneous 1,913 Operating transfers in 200,000 Total Revenues 469,281 35,367 Expenses: Salaries & wages 20,289 Operating expenses 263,325 Depreciation 34,213 Total Expenses 283,614 34,213 Net Income (Loss) 185,667 1,154 Retained Earnings, July 1, 1996 467,293 35,932 Retained Earnings, March 31, 1997 $ 652,960 $ 37,086 Information Support Systems Services Facilities Fund Fund Fund $ 284,173 $ 132,727 $ 261,402 $ 340 3,942 2,098 5,722 523 71 2,094 290,758 136,740 265,594 95,941 25,236 79,869 150,158 85,932 202,737 188,754 46,214 434,853 157,382 282,606 (144,095) (20,642) (17,012) 255,410 36,083 67,212 $ 111,315 $ 15,441 $ 50,200 $ Toml 926,880 60,537 5,722 4,601 200,000 1,197,740 221,335 702,152 269,181 1,192,668 5,072 861,930 867,002 17/FINAL ITEM 14 TO: FROM: DATE: SUBJECT: APPROVe.,. ~,,-- CITY ATTORNEY DIRECTOR OF FII~A~C~,E CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director' May 27, 1997 Award a Professional Services Agreement to Tom Dodson and Associates to Perform Services to Administer and Implement the Mitigation Monitoring Programs for the Temecula Regional Center Specific Plan Environmental Impact Report and the Campos Verdes Specific Plan Environmental Impact Report Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: That the Council Award a Professional Services Agreement in the Amount of $30,000.00 to Tom Dodson and Associates to to Perform Services to Administer and Implement the Mitigation Monitoring Program for the Temecula Regional Center Specific Plan Environmental Impact Report and authorize the City Manager to sign the agreements after the initial funding deposits have been made. That the Council Award a Professional Services Agreement in the Amount of $30,000.00 to Tom Dodson and Associates to Perform Services to Administer and Implement the Mitigation Monitoring Program for the Campos Verdes Specific Plan Environmental Impact Report and authorize the City Manager to sign the agreements after the initial funding deposits have been made. BACKGROUND Condition of Approval No. 11 of the Regional Center Specific Plan and Condition of Approval No. 14 of the Campos Verdes Specific Plan require the applicant to deposit funds with the City of Temecula to retain the sevices of a qualified consultant to implement and administer their respective Mitigation Monitoring Programs for the Environmental Impact Reports. This deposit is required prior to the issuance of a grading permit. Grading on both project sites is anticipated to commence in June, 1997 for the Forest City Development, Inc. regional mall project and a middle school site in Campos Verdes. Staff requested estimates from five (5) firms to administer and implement the Mitigation Monitoring Programs for these projects. Based upon Staff's review of the estimates, Tom Dodson & Associates was selected as the consultant to perform these services. Their proposal presented the most comprehensive scope of work at the lowest cost. R:\STAFFRPT\MALL-MMP.CC1 5/15/97 mf 1 Based upon a cost determined by the consultant, Staff sent letters to the applicants (reference Attachments No. 3 and 4) requesting a $30,000.00 deposit be made with the City of Temecula to retain the services of the consultant. The $30,000.00 will be held in an account and payment will be made to the consultant based upon the work they perform. The City will be responsible for determining if the scope of work has been completed by the consultant and authorize payment to the consultant. The applicant has been advised that this may not be the final amount of funding required for the consultant to administer and implement the Mitigation Monitoring Program. FISCAL IMPACT None. Attachments: Agreement between City of Temecula and Tom Dodson and Associates to Perform Services to Administer and Implement the Mitigation Monitoring Program for the Temecula Regional Center Specific Plan - Page 3 Agreement between City of Temecula and Tom Dodson and Associates to Perform Services to Administer and Implement the Mitigation Monitoring Program for the Campos Verdes Specific Plan - Page 4 Agreement for payment of Deposit by Forest City Development, Inc. for the Consultant to Perform Services to Administer and Implement the Mitigation Monitoring Program for the Temecula Regional Center Specific Plan - Page 5 Agreement for payment of Deposit by Communities Southwest for the Consultant to Perform Services to Administer and Implement the Mitigation Monitoring Program for the Campos Verdes Specific Plan - Page 6 R:\STAFFRPT\MALL-MMP.CC1 5115197 mf 2 ATTACHMENT NO. I AGREEMENT BETWEEN CITY OF TEMECULA AND TOM DODSON AND ASSOCIATES TO PERFORM SERVICES TO ADMINISTER AND IMPLEMENT THE MITIGATION MONITORING PROGRAM FOR THE TEMECULA REGIONAL CENTER SPECIFIC PLAN R:\STAFFRPT\MALL-MMP.CC1 5/15/97 mf 3 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of May 27, 1997, between the City of Temecula, a municipal corporation ("City") and Tom Dodson & Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence when the required funding deposit has been delivered to the City and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Thirty thousand dollars ($30,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the fu:st 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 R:\FAGANM\FOREST\DODSON.AGR 5/13/97 mf - !- 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. e SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAUI,T OF CONSUI,TANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall ma/ntain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to R:\FAGANM\FOREST\DODSON.AGR 5/13/97 mf -2- 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. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. R:\FAGANM\FOREST\DODSON.AGR 5/13/97 mf -3- b. Minimum l,imits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $I,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. R:\FAGANM\FOREST\DODSON.AGR 5/13/97 mf -4-- (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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in 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, GAI, RFSPONSffiILITIES. 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 R:\FAGANM\FOREST\DODSON.AGR 5/13/97 mf -5- 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. REI,EASE 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. NOTICF~q. 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 P.O. Box 9033 Temecula, California 92589-9033 Attention: Matthew Fagan, Associate Planner To Consultant: Bill Gatlin, Vice President Tom Dodson & Associates 463 N. Sierra Way San Bernardino, CA 92410 R:\FAGANM\FOREST\DODSON.AGR 5/13/97 mt -6- 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Tom Dodson & Associates shall perform the services described in this Agreement. Modifications to Consultant's project staffing shall be made only with the prior written approval of the City. 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. IJICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. R:\FAGANM\FOREST\DODSON.AGR 5113/97 mf -7- IN WITNESS WHEREOF, the parties hereto have mused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Ronald E. Bradley City Manager June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney Approved As to Content: Gary Thomhill Community Development Director CONSULTANT Bill Gatlin Vice President R:\FAGANM\FOREST\DODSON.AGR 5/13/97 rnf -8- EXHIBIT A TASKS TO llE PERFORMED The following summarizes the duties the consultant will perform to administer and implement the Mitigation Monitoring Program (MMP) for the Regional Center Specific Plan Environmental Impact Report (EIR): II. III. IV. Monitor compliance with the approved MMP's. This will be accomplished by the following: A. Meet with the applicant and City Staff on a regular and as needed basis to coordinate proper implementation of the mitigation measures. B. Visit the construction site on a regular basis to confirm proper implementation of the mitigation measures. Follow-up on public concerns regarding the sufficiency of mitigation measure compliance. Document compliance with the approve MMP's by the following: A. Collect other documentation as needed to confirm proper implementation of the mitigation measures. B. Prepare monthly reports showing pending, in progress, completed and verified mitigation measures. Other tasks as necessary to insure implementation and compliance with the approved MMP's. Additional details on the tasks to be performed are detailed in the attached March 27, 1997 proposal. R:\FAGANM',,FOREST'~DODSON.AGR 5/13/97 rnf -9- TOM DODSON & ASSOCIATES 463 N. SIERRA WAY SAN BERNARDINO, CA 92410 TEL (909) 884-9700 · FAX (909) 889-8050 March 27, 1997 Mr. Matthew Fagan, AICP Associate Planner City of Temecula 43200 Business Park Drive Temecula CA 92590 Subject: Estimate to Administer and Implement the Mitigation Monitoring Program for a portion of the Temecula Regional Center Dear Mr. Fagan: Thank you for asking Tom Dodson & Associates (TDA) to provide this estimate to assist the City of Temecula administer and implement the Mitigation Monitoring Program (MMP) for the Temecula Regional Center project. The duties of the monitor described in the Request For Estimate (RFE) involved four basic tasks: 1) Monitor compliance and meet with city staff; 2) Follow up on public concerns and comments; 3) Document compliance; and 4) Other tasks that are necessary to insure implementation and compliance with the MMP. Our review of the MMP indicates that most mitigation measures which require field verification are associated with construction activities (grading, flood control structures, etc.). Verification of implementation of these activities or measures has been assigned to the city inspectors. This we feel is appropriate because engineered structures should be evaluated by professional inspectors. Documentation of implementation of these measures should rely on the inspectors reports and certifications. Other mitigation measures which require field monitoring which are not associated with environmental issues have also been assigned to city inspectors. Because these measures address temporary, non-engineered activities, we feel the mitigation monitor should also verify compliance. This can be accomplished through both random inspections and inspections triggered by specific actions or events (special inspections). Documentation of compliance for these measures will be based on observations by the monitor and the city inspectors report. Based on our understanding of the size and nature of this project we feel the random inspections should occur twice a month during construction activities. Because a construction schedule is not available, it is not possible to identify the number of random inspections required. The measures which will be monitored during the random inspections are: City of Temdcula March 27, 1997 Page 2 Mitigation Measure #1 Noise #3 Air Quality #9 Erosion Control # 13 Erosion Control #14 Catch & Treat Runoff # 15 Erosion Control # 17 Hazardous Materials #22 Cultural Resources #23 Paleontologic Resources Process Verify hours of construction activities Verify adequate watering for dust control Verify erosion control program being implemented Verify erosion control program being implemented Verify plan being implemented Verify erosion control program being implemented Verify sampling and removal performed when needed Vehfy compliance Verify compliance When possible, special inspections will be performed as part of the random inspection. This, however, may not always be possible. The erosion control devices should be monitored before and after rainstorms to ensure they are operating properly. Verification of compliance with cultural and paleontologic resources should occur while the action is being performed. The mitigation measures subject to special inspection are: Measure Mitigation #1 Noise #9 Erosion Control #13 Erosion Control # 14 Catch & Treat Runoff #15 Erosion Control # 17 Hazardous Materials Process If complaint received Verify program being implemented Verify program being implemented Verify program being implemented Verify program being implemented Verify sampling and analysis performed The day of the inspection should also be used to meet with city staff and the applicant to discuss the project and any complaints. This would also be a good opportunity to obtain inspection reports and verification of plan approval or fee payment. Using the data obtained during the field monitoring and obtained from city staff, TDA would prepare the report of compliance showing the status of mitigation compliance. The amount of work effort to accomplish this will be dependant as the number of measures being implemented at a given time. This task should be invoiced on a time and expense basis at the rates provided below. For budgeting purposes, we feel that $I,000.00 should be set aside for each site inspection/meeting/monitoring report preparation day. The number of inspections will be dependant on the length of construction and the time of year (rainy season, high wind period, etc.). Once a construction schedule is set, a more project specific estimate can be prepared. City of Temoeula March 27, 1997 Page 3 It is our belief that the remaining measures which do not require field monitoring can be verified either during our meeting with city staff or over the phone. Compliance with these measures will occur at various times throughout the project. An example of these measures are payment of the fees for the Habitat Conservation Plan which must be implemented prior to issuance of a Grading Permit. It is anticipated, based on the tentative schedule provided, that the Grading Permit will be issued prior to approval of street plans and issuance of building permits. We, therefore, recommend that compliance reports be prepared and submitted twice a month during active construction, plan approval and permit issuance periods. During other periods with less activity, compliance can be documented once a month for those measures completed during that month. It is our experience that public concerns and complaints are usually associated with noise, dust, and soil eroding offsite. Therefore, the number of complaints will also be somewhat dependent on the time of year (rainy season, high wind period, etc.). TDA also provides written notification to the project file on all violations we observe. That notification also identifies the measures recommended to remediate or correct the problem and notes if the remediation or corrective actions were successfully implemented. Rates Environmental Specialist I $100.00/hour Ecologist I $68.50/hour Clerical/Graphics $35.00/hour Mileage $0.35/mile All outside services or materials needed to perform these tasks will be invoiced at cost plus 15%. Because a construction schedule is not available, it is not possible to identify the length of time implementation of all the mitigation measures will take. Large, phased projects are subject to market, consumer and outside economic forces. TDA, therefore, recommends that the city require the applicant to deposit sufficient funds to cover what is projected to be the most aggressive development schedule and the most expensive to monitor the first year. Based on our understanding of this project, this would result in twice a month monitoring and reporting for the entire year plus compliance reporting on all the remaining measures (plan approval, fee payment, permit issuance, etc.) identified in the MMP. The city could regularly review the adequacy of the deposit to cover required monitoring and reporting activities. If additional funds are needed, the city should require an additional deposit. If excess funds are in the account at the end of the first year, this money could either be refunded or credited toward the funds needed for future MMP compliance verification. Based on the above discussed most aggressive development and monitoring and reporting schedule, we recommend that the city require a $30,000.00 deposit by the applicant. This includes $24,000.00 for twice a month inspections, monitoring and reporting and $6,000.00 to provide reporting on non-field monitored measures and addressing concerns of the public. As previously stated, this is considered the most expensive annual monitoring charge the applicant could incur based on our knowledge of the project at this time. We feel the actual costs of providing monitoring City. of Teme'cula March 27, 1997 Page 4 compliance could be substantially less. All work should be invoiced on a time and expense basis which would allow easy auditing of all charges. Again, thank you for asking TDA to submit this RFE. questions or comments, please call. Sincerely, //Bill Gatlin Vice President I hope you find it adequate, but should you have any EXHIBIT B PAYMENT SCHF, DU!,E The consultant shall submit an invoice for payment based upon work completed no later than the 15th and the 30th of the month. The City shall review the invoice and payment shall be made to the consultant within twenty (20) days of receipt of the invoice. R:\FAGANM\FOREST\DODSON.AGR 5/13/97 mf -10- ATTACHMENT NO. 2 AGREEMENT BETWEEN CITY OF TEMECULA AND TOM DODSON AND ASSOCIATES TO PERFORM SERVICES TO ADMINISTER AND IMPLEMENT THE MITIGATION MONITORING PROGRAM FOR THE CAMPOS VERDES SPECIFIC PLAN R:\STAFFRPT\MALL-MMP.CC1 5/15/97 mf 4 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of May 27, 1997, between the City of Temecula, a municipal corporation ("City") and Tom Dodson & Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence when the required funding deposit has been delivered to the City and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Thirty thousand dollars ($30,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided R:\FAGANM\FOREST~DODSON-C.AGR 5/13/97 mf - 1- 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. e SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of R:\FAGANM\FOREST\DODSON-C.AGR 5/13/97 mf -2- City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, 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. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE RFQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Workefts Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. R:\FAGANM\FOREST\DODSON-C.AGR 5/13/97 mf -3- b. Minimum l,imits 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. R:\FAGANM\FOREST~DODSON-C.AGR 5/13/97 mf -4- (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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in 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. LEGAI. RF.qPONSIBlI,ITIES. 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 R:\FAGANM\FOREST\DODSON-C.AGR 5/13/97 mf -5- 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. REI,EASE 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, heating or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICF~q. 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 P.O. Box 9033 Temecula, California 92589-9033 Attention: Matthew Fagan, Associate Planner To Consultant: Bill Gatlin, Vice President Tom Dodson & Associates 463 N. Sierra Way San Bernardino, CA 92410 R:\FAGANM\FOREST\DODSON-C.AGR 5/13/97 mf -6- 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Tom Dodson & Associates shall perform the services described in this Agreement. Modifications to Consultant's project staffing shall be made only with the prior written approval of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. R:\FAGANM\FOP, EST~DODSON-C.AGR 5/13/97 mf -7- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Ronald E. Bradley City Manager June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney Approved As to Content: Gary Thomhill Community Development Director CONSULTANT Bill Gatlin Vice President R:\FAGANM\FOREST\DODSON-C.AGR 5/13/97 mf -8- EXHIBIT A TASKS TO BE PERFORMED The following summarizes the duties the consultant will perform to administer and implement the Mitigation Monitoring Program (MMP) for the Campos Verdes Specific Plan Environmental Impact Report (EIR): II. HI. IV. Monitor compliance with the approved MMP's. This will be accomplished by the following: A. Meet with the applicant and City Staff on a regular and as needed basis to coordinate proper implementation of the mitigation measures. B. Visit the construction site on a regular basis to confirm proper implementation of the mitigation measures. Follow-up on public concerns regarding the sufficiency of mitigation measure compliance. Document compliance with the approve MMP's by the following: A. Collect other documentation as needed to confirm proper implementation of the mitigation measures. B. Prepare monthly reports showing pending, in progress, completed and verified mitigation measures. Other tasks as necessary to insure implementation and compliance with the approved MMP's. Additional details on the tasks to be performed are detailed in the attached March 27, 1997 proposal. R:\FAGANM\VOREST\DODSON-C.AGR 5t13/97 mf -9- TOM DODSON & ASSOCIATES 463 N. SIERRA WAY SAN BERNARDINO, CA 92410 TEL (909) 884-9700 · FAX (909) 889-8050 March 27, 1997 Mr. Matthew Fagan, AICP Associate Planner City of Temecula 43200 Business Park Drive Temecula CA 92590 Subject: Estimate to Administer and Implement the Mitigation Monitoring Program for Campos Verdes Specific Plan project Dear Mr. Fagan: Thank you for asking Tom Dodson & Associates (TDA) to provide this estimate to assist the City of Temecula administer and implement the Mitigation Monitoring Program (MMP) for the Campos Verdes Specific Plan project. The duties of the monitor described in the Request For Estimate (RFE) involved four basic tasks: 1) Monitor compliance and meet with city staff, 2) Follow up on public concerns and comments; 3) Document compliance; and 4) Other tasks that are necessary to insure implementation and compliance with the MMP. Our review of the MMP indicates that most mitigation measures which require field verification are associated with construction activities (grading, flood control structures, etc.). Verification of implementation of these activities or measures has been assigned to the city inspectors. This we feel is appropriate because engineered structures should be evaluated by professional inspectors. Documentation of implementation of these measures should rely on the inspectors reports and certifications. Other mitigation measures which require field monitoring which are not associated with environmental issues have also been assigned to city inspectors. Because these measures address temporary, non-engineered activities, we feel the mitigation monitor should also verify compliance. This can be accomplished through both random inspections and inspections triggered by specific actions or events (special inspections). Documentation of compliance for these measures will be based on observations by the monitor and the city inspectors report. Based on our understanding of the size and nature of this project we feel the random inspections should occur twice a month during construction activities. Because a construction schedule is not available, it is not possible to identify the number of random inspections required. The measures which will be monitored during the random inspections are: City of Tem¢ctfia Match 27, 1997 Page 2 Mitigation Measure #4 Noise #6 Air Quality #17 Erosion Control #20 Erosion Control #23 Erosion Control #25 Hazardous Materials #31 Cultural Resources //32 Paleontologic Resources Process Verify hours of construction activities Verify adequate watering for dust control Verify erosion control program being implemented Verify erosion control program being implemented Verify erosion control program being implemented Verify sampling and removal performed when needed Verify compliance Verify compliance When possible, special inspections will be performed as part of the random inspection. This, however, may not always be possible. The erosion control devices should be monitored before and after rainstorms to ensure they are operating properly. Verification of compliance with cultural and paleontologic resources should occur while the action is being performed. The mitigation measures subject to special inspection are: Measure Mitigation #1 Noise # 17 Erosion Control #20 Erosion Control #23 Erosion Control //25 Hazardous Materials Process If complaint received Verify program being implemented Verify program being implemented Verify program being implemented Verify sampling and analysis performed The day of the inspection should also be used to meet with city staff and the applicant to discuss the project and any complaints. This would also be a good opportunity to obtain inspection reports and verification of plan approval or fee payment. Using the data obtained during the field monitoring and obtained from city staff,, TDA would prepare the report of compliance showing the status of mitigation compliance. The amount of work effort to accomplish this will be dependant as the number of measures being implemented at a given time. This task should be invoiced on a time and expense basis at the rates provided below. For budgeting purposes, we feel that $1,000.00 should be set aside for each site inspection/meeting/monitoring report preparation day. The number of inspections will be dependant on the length of construction and the time of year (rainy season, high wind period, etc.). Once a construction schedule is set, a more project specific estimate can be prepared. It is our belief that the remaining measures which do not require field monitoring can be verified either during our meeting with city staff or over the phone. Compliance with these measures will occur at various times throughout the project. An example of these measures are payment of the fees for the Habitat Conservation City of Temecula March 27, 1997 Page 3 Plan which must be implemented prior to issuance of a Grading Permit. It is anticipated, based on the tentative schedule provided, that the Grading Permit will be issued prior to approval of street plans and issuance of building permits. We, therefore, recommend that compliance reports be prepared and submitted twice a month during active construction, plan approval and permit issuance periods. During other periods with less activity, compliance can be documented once a month for those measures completed during that month. It is our experience that public concerns and complaints are usually associated with noise, dust, and soil eroding offsite. Therefore, the number of complaints will also be somewhat dependent on the time of year (rainy season, high wind period, etc.). TDA also provides written notification to the project file on all violations we observe. That notification also identifies the measures recommended to remediate or correct the problem and notes if the remediation or corrective actions were successfully implemented. Rates Environmental Specialist I $100.00/hour Ecologist ! $68.50/hour Clerical/Graphics $35.00/hour Mileage $0.35/mile All outside services or materials needed to perform these tasks will be invoiced at cost plus 15%. Because a construction schedule is not available, it is not possible to identify the length of time implementation of all the mitigation measures will take. Large, phased projects are subject to market, consumer and outside economic forces. TDA, therefore, recommends that the city require the applicant to deposit sufficient funds to cover what is projected to be the most aggressive development schedule and the most expensive to monitor the first year. Based on our understanding of this project, this would result in twice a month monitoring and reporting for the entire year plus compliance reporting on all the remaining measures (plan approval, tee payment, permit issuance, etc.) identified in the MMP. The city could regularly review the adequacy of the deposit to cover required monitoring and reporting activities. If additional funds are needed, the city should require an additional deposit. If excess funds are in the account at the end of the first year, this money could either be refunded or credited toward the funds needed for future MMP compliance verification. Based on the above discussed most aggressive development and monitoring and reporting schedule, we recommend that the city require a $30,000.00 deposit by the applicant. This includes $24,000.00 for twice a month inspections, monitoring and reporting and $6,000.00 to provide reporting on non-field monitored measures and addressing concerns of the public. As previously stated. this is considered the most expensive annual monitoring charge the applicant could incur based on our knowledge of the project at this time. We feel the actual costs of providing monitoring compliance could be substantially less. All work should be invoiced on a time and expense basis which would allow easy auditing of all charges. City of Temecula March 27, 1997 Page 4 AI II Again, thank you for asking TDA to submit this RFE. questions or comments, please call. Sincerely, Vice President II I I I hope you find it adequate, but should you have any EXHIBIT B PAYMENT SCHEDUI,E The consultant shall submit an invoice for payment based upon work completed no later than the 15th and the 30th of the month. The City shall review the invoice and payment shall be made to the consultant within twenty (20) days of receipt of the invoice. R:\FAGANM\FOREST\DODSON-C.AGR 5/13/97 mf - ].0- ATTACHMENT NO. 3 AGREEMENT FOR PAYMENT OF DEPOSIT BY FOREST CITY DEVELOPMENT FOR CONSULTANT TO PERFORM SERVICES TO ADMINISTER AND IMPLEMENT THE MITIGATION MONITORING PROGRAM FOR THE TEMECULA REGIONAL CENTER SPECIFIC PLAN R:\STAFFRPT\MALL-MMP.CCI 5/15/97 mf 5 City of Temecula 43200 Business Park Drive · PO Box 9033 · Temecula · California 92589-9033 (909) 694-6400 ·FAX (909) 694-6477 May 13, 1997 Mr. Colm Macken, Vice President Forest City Development 949 South Hope Street, Suite 200 Los Angeles, CA 90015 SUBJECT: Agreement for Payment of Deposit for Consultant to Perform Services to Administer and Implement the Mitigation Monitoring Program for a portion of the Regional Center Specific Plan (Forest City Development) Dear Mr. Macken: This letter shall serve as an agreement between the City of Temecula and Forest City Development, Inc. for the deposit of sufficient funds with the City of Temecula to retain the services of a qualified consultant to administer and implement the Mitigation Monitoring Program of the Regional Center Specific Plan Environmental Impact Report. As you are aware, Condition of Approval No. 11 of the Regional Center Specific Plan requires the deposit of funds be performed prior to the issuance of a grading permit for the site. Staff has selected Tom Dodson & Associates to administer and implement the Mitigation Monitoring Program. At this time, you are required to submit a deposit of $30,000.00 to retain the services of the consultant. The $30,000.00 will be held in an account and payment will be made to the consultant based upon the work they perform. Please make a check payable to the City of Temecula. In addition, please sign the signature block at the end of this letter which signifies that you are entering into this agreement to deposit the funds with the City of Temecula. Please return a wet signed copy of this letter along with the deposit check no later than May 21, 1997. Please be advised that this may not be the final amount of funding required for the consultant to administer and implement the Mitigation Monitoring Program. Should additional funds be required, you will be notified in writing a minimum of thirty (30) days prior to the funds being required to be deposited. Should work on the project cease for a period of ninety (90) days, Staff will assess the status of the project and determine if any of the deposited funds may be refunded to you. R:\PLANN1NG\99PA97.MMP 5/t3/97 mf 1 The City will be responsible for: 2. 3. 4. Administering the contract and overseeing the consultant as they implement the Mitigation Monitoring Program. Reviewing the work performed by the consultant and determining if the requirements of the Mitigation Monitoring Program have been adequately satisfied. Determining if the scope of work has been completed by the consultant and authorize payment to the consultant. Insuring that the consultant implements the Mitigation Monitoring Program in a timely and cost efficient manner. Forest 1. 2. 3. City Development, Inc. will be responsible for: Depositing the initial funds, and subsequent funds (if necessary), for the consultant to implement the Mitigation Monitoring Program. Hiring support personnel (i.e., archaeologist, paleontologist, etc.) necessary for completing the mitigation measures within the Mitigation Monitoring Program. Notifying Staff in writing of any changes to the project which would affect timing or existing and proposed entitlement on the project (including, but not limited to substantial changes to the project). If you have any questions or comments, please contact me at (909) 694-6400. Sincerely, CC.' Mr. Steven J. Schafenacker, President Genoa Real Estate Services, Inc. 4020 Palos Verdes Drive North, Suite 112 Rolling Hills Estates, CA 90274 Approved and Accepted: Colm Macken, Vice President Debbie Ubnoske, Planning Manager R:\PLANNING\99PA97.MMP 5/13/97 mf 2 ATTACHMENT NO. 4 AGREEMENT FOR PAYMENT OF DEPOSIT BY COMMUNITIES SOUTHWEST FOR CONSULTANT TO PERFORM SERVICES TO ADMINISTER AND IMPLEMENT THE MITIGATION MONITORING PROGRAM FOR THE CAMPOS VERDES SPECIFIC PLAN R:\STAFFRPT\MALL-MMP.CC1 5/15/97 mf ~3 City of Temecula 43200 Business Park Drive · PO Box 9033 · Temecula · California 92589-9033 (909) 694-6400 ·FAX (909) 694-6477 May 14, 1997 Ms. Mary Raushenburg, Vice President Communities Southwest 15707 Rockfield Boulevard, Suite 305 Irvine, CA 92618 SUBJECT: Agreement for Payment of Deposit for Consultant to Perform Services to Administer and Implement the Mitigation Monitoring Program for the Campos Verdes Specific Plan Dear Ms. Raushenburg: This letter shall serve as an agreement between the City of Temecula and Communities Southwest for the deposit of sufficient funds with the City of Temecula to retain the services of a qualified consultant to administer and implement the Mitigation Monitoring Program of the Campos Verdes Specific Plan Environmental Impact Report. As you are aware, Condition of Approval No. 14 of the Campos Verdes Specific Plan requires the deposit of funds be performed prior to the issuance of a grading permit for the site. Staff has selected Tom Dodson & Associates to administer and implement the Mitigation Monitoring Program. At this time, you are required to submit a deposit of $30,000.00 to retain the services of the consultant. The $30,000.00 will be held in an account and payment will be made to the consultant based upon the work they perform. Please make a check payable to the City of Temecula. In addition, please sign the signature block at the end of this letter which signifies that you are entering into this agreement to deposit the funds with the City of Temecula. Please return a wet signed copy of this letter along with the deposit check no later than May 21, 1997. Please be advised that this may not be the final amount of funding required for the consultant to administer and implement the Mitigation Monitoring Program. Should additional funds be required, you will be notified in writing a minimum of thirty (30) days prior to the funds being required to be deposited. Should work on the project cease for a period of ninety (90) days, Staff will assess the status of the project and determine if any of the deposited funds may be refunded to you. R:\PLA/qNIlqO\83PA97.MM]> 5/13/97 mf i The City will be responsible for: 2. 3. 4. Administering the contract and overseeing the consultant as they implement the Mitigation Monitoring Program. Reviewing the work performed by the consultant and determining if the requirements of the Mitigation Monitoring Program have been adequately satisfied. Determining if the scope of work has been completed by the consultant and authorize payment to the consultant. Insuring that the consultant implements the Mitigation Monitoring Program in a timely and cost efficient manner. Communities Southwest will be responsible for: Depositing the initial funds, and subsequent funds (if necessary), for the consultant to implement the Mitigation Monitoring Program. Hiring support personnel (i.e., archaeologist, paleontologist, etc.) necessary for completing the mitigation measures within the Mitigation Monitoring Program. Notifying Staff in writing of any changes to the project which would affect timing or existing and proposed entitlement on the project (including, but not limited to substantial changes to the project). If you have any questions or comments, please contact me at (909) 694-6400. Sincerely, ../-7 'at th~ ,~AICP Associate Planner CC: Mr. Colm Macken, Vice President Forest City Development 949 South Hope Street, Suite 200 Los Angeles, CA 90015 Approved and Accepted: Mary Rauschenburg, Vice President Debbie Ubnoske, Planning Manager R:\PLANNllqO[83PA97.MMP 5/13/97 mf 2 ITEM 15 CITY ATTORNEY DIRECTOR OF FII~AI~ CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Anthony J. Elmo, Chief Building Official,,/'~ May 27, 1997 Contract Inspection Services for Building and Safety RECOMMENDATION: That the City Council approve an additional payment, in the amount of $11,215.00 to J. A. S. Pacific Consulting Services, Inc., to provide building inspection services to the Building and Safety Department. DISCUSSION: On November 15, 1996, the City Council approved an Agreement for Consultant Services with J. A. S. Pacific Consulting Services, Inc., to provide a temporary full-time inspection service to the Building and Safety Department. The agreement was for an amount not to exceed nine thousand dollars ($9,000.00). Construction activity has continued to be heavy during the third quarter of this fiscal year, making it necessary to continue to supplement inspection staff to the end of the fiscal year. A modification to the terms of this agreement for payment for an additional $11,215.00 is being requested for this purpose. FISCAL IMPACT: Funds are currently available in Account No. 001-162-999-5118, "Temporary Help", for this purpose. Expenditures from this account are offset by building permit revenue collection. No further appropriation of funds is necessary for this purpose. r:\brockm¢i\agenda\jas 1 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of May 27, 1997, between the City of Temecula, a municipal corporation ("City") and JAS Pacific Consulting Services, 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 May 27 1997 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 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. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed eleven thousand two hundred and fifteen dollars ($11,215.00) 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. R:\BROCKMEILa. GMTSXJAS1 .WPD 5/21/97 cb - 1- 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. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall R:\agmt.jas -2- 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. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 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. R:\agmt.jas -3- than: Do (4) Errors and omissions liability insurance appropriate to the consultant' s profession. Minimum Limits of Insurance. Consultant shall maintain limits no less 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. 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. R:\agmt.jas -4- (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAl, RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall R:\agmt.jas -5- 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. R:\agmt~as -6- 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: JAS, Pacific Consulting Services, Inc. 320 S. Milliken, Ste. C Ontario, CA 91761 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only JAS, Pacific Consulting Services, Inc. shall perform the services described in this Agreement. JAS, Pacific Consulting Services, Inc. may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) R:\agmt~as -7- days' notice prior to the departure of from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. lICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WItEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Patricia Birdsall Mayor June S. Greek City Clerk R:~agmt~as -8- Approved As to Form: Peter M. Thorson City Attorney CONSULTANT JAS PACIFIC, INC. By By: R:\agmt.jas -9- EXHIBIT A TASKS TO BE PERFORMFJD Perform combination building inspection on an as-needed basis. R:\agmt.jas - 10- EXHIBIT B PAYMENT SCHEDUI,E For and in consideration of the Contractor's services, inspection services shall be provided at the rate of $29.00 per hour, plus $.30 per mile for each mile accumulated while performing inspection services for the City. Should the City provide vehicular transportation for Contractor's use, no fees shall be charged for mileage. R:\agmt.jas - 11- ITEM 16 APPROVAL CITY ATTORNEY DIR. MANAGER ~ OF F INA~C~q ~-~ CITY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance ~/~ May 27, 1997 Local Government Subvention Fund Match Program PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION: That the City Council: Authorize projects proposed to be constructed using AB 2766 Subvention Funds Match (20%) and other funds provided by the City (80%); Commit the City to the Project Milestone Schedules reflected in the attached Application Package; 3. Allocate AB 2766 Subvention Funds and other funds to the proposed projects; and, Authorize the Mayor to execute two (2) copies of the Contract provided in the attached Application Package. DISCUSSION: On May 12, 1997, the City received a grant application package from the Mobile Source Air Pollution Reduction Review Committee ("Committee") to apply for AB 2766 Subvention Funds Matching Grant. Atotalof 96.5 million of match funding is available on a first come/first serve basis. Applications will be accepted from May 15 through November 15, 1997. These grant funds are in addition to the City's annual allocation of AB 2766 Subvention Funds, which are administered through the South Coast Air Quality Management Board (SCAQMD) to fund projects which reduce air pollution. The proposed Subvention Funds Match provided through this grant program are a 20% match in funding out of the total project cost for those projects which would normally qualify for AB 2766 funding. The City currently has three AB 2766 qualified projects totaling $647,500 in the Fiscal Year 1997 - 2001 Capital Improvement Program. The 20% match for these projects would provide the City with an additional 9129,500. In order to qualify for this program, all projects must meet the following criteria: Projects must be completed prior to June 30, 1999. Projects must be funded by a minimum of 25% AB 2766 Subvention Funds. Match Funding cannot exceed 20% of the total project cost. Staff recommends that the following projects be included in the application package: Bike Path - Citywide ($47,500) Multi-Trails System - Citywide ($400,000) Rancho California Sports Park Sidewalk Project ($200,000) FISCAl IMPACT: Approval of the grant application and receipt of the match funding will allow the City to construct all AB 2766 projects which are identified in the Capital Improvement Program prior to June 30, 1999. Attachments: Project Application Forms Contract Documents PROJECT TITLE: Multi-Trails System - Citywide APPLICANT INFORMATION A. Please provide the following applicant information in the space provided. Return this page as part of your Project Application.' CITY OF TEMECULA P.O. BOX 9033, GENIE ROBERTS Applicant Name: Address: Point of Contact: Title: Telephone Number: FAX Number: TEMECULA, CA 92589-9033 DIRECTOR OF FINANCE (909) 694-6430 (909) 496-6479 B. Please answer the following question(s): 1. Are you submitting a Joint Application with other cities/counties? 2. If "Yes", are you authorized to act on behalf of all participants? 3. f "Yes", please provide the names of all participating cities/counties: a) b) c) d) e) YES NO If you answered "Yes" to questions 1 and 2, above, have you attached a letter from each entity designating a lead agency and authorizing that agency to act on behalf of the other participants? YES NO B-2 B. III. PROJECT DESCRIPTION/STA TEMENT OF WORK Please review the Qualifying Project Categories described in Section A, Subsection A.IV, and check the Category box that Corresponds to your proposed project. Please return this page as part of your Project Application: 1, Alternative Fuel/Electric Vehicles 2. Land Use Strategies 3. Public Transportation 4. Traffic Management O 5. Transportation Demand Management O (~ 6. Transportation Pricing Strategies O I~ 7. Bicycle Related Projects O 0 8. Public Education Projects 0'1 B. Please answer the following questions by checking the appropriate box and providing explanatory information as requested: Is the proposed project a continuation of an existing project? Is the proposed project an expansion of an existing project? YES NO Co If you checked the "yes" box for either of the above two questions, please provide a brief explanation of the currein project you wish to continue. If the proposed project is an expansion of an existing project, please provide a brief explanation of the existing project and the proposed expansion. Please feel free to attach an extra sheet if necessary. lf you checked the "yes" box, please explain: B-3 EXHIBIT A: PROJECT DESCRIPTION/STATEMENT OF WORK PROJECT TITLE: Multi-Trails System - Citywide The goal of this proposed project is to provide equestrian, bike, and jogging trails which will provide alternative means of travel throughout the City of Temecula to encourage residents to use these trails instead of driving. This proposed project is designed improve and encourage alternate methods of non- motorized travel while expanding trail opportunities. These trails are targeting pedestrians, bicyclists, equestrians, and joggers. The Trails will circumnavigate City of Temecula, as well as providing extensions to specific areas of interest, including City of Temecula's Old Town and the City of Murrieta. Another specific area of interest is Rancho Santiago (or, Santiago Estates), which is an equestrian community with rolling hill trails through a scenic and peaceful "horse country" subdivision. Although not a designated recreation area, Temecula residents and visitors alike are already frequenting this area. The proposed Trails will provide a safe, recreational route for citizens who desire non-motorized sources of transportation. The scope of this project is to design and construct trails throughout City of Temecula to provide the community with safe, non-motorized routes to recreational, industrial, and commercial sectors in Temecula. The Multi-Trails System provides an alternative route which will tie into the City's sidewalk/roadway system at various points. EXHIBIT B: PROJECT COST BREAKDOWN (Please return this page as part of your Project Application) A. Please provide the following information regarding project funding: What is your Current Unallocated AB 2766 Subvention Fund Balance? $ B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY 1. AB 2766 SUBVENTION FUNDS (existing unallocated funds) 2. AB 2766 SUBVENTION FUNDS FROM FY 1997-'98 3. MSRC DISCRETIONARY FUNDS REQUESTED 4. ADDITIONAL PROJECT CO-FUNDING 5. TOTAL PROJECT COST 225,000 AMOUNT $ 147,500 $ $ 80,000 $ 172,500 $ 400,000 YES Is the MSRC match funding request less than or equal to 25% of the proposed AB 2766 Subvention Fund amount? Is the MSRC match funding request less than or equal to 20% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover the total project cost, considering that MSRC match funds are available on a reimbursement-basis only? Does the applicant have sufficient funds available to cover ANY cost increases, considering that increases in MSRC match funding will not be available? C. Please list all funding sources other than AB 2766 Subvention Discretionary Match funds: NON-AB 27661MSRC FUNDING SOURCE l. DLZl/~LOPt4EI~IT II~PACT FEES $ 2. $ 3. $ 4. $ 5. $ TOTAL OTHER PROJECT CO-FUNDING: $ B-6 or AMOUNT 172,500 172,500 NO MSRC As applicable, please list all project costs by cost element. Please provide as much detail as practicable when detailing project costs. For example, please provide labor categories, hourly rates, number of hours, etc. when de£ming labor costs.. Please return this page as part of your Project .4pplication: CAPITAL EQUIPMENT COSTS (VEHICLE PURCHASE, ETC.): 1. $ TOTAL CAPITAL EQUIPMENT COSTS: $ DIRECT LABOR COSTS: 1. labor hours X S/hour = $ 2. labor hours X S/hour = $ 3. labor hours X S/hour = $ 4. labor hours X S/hour = $ TOTAL DIRECT LABOR COSTS: $ OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS: 1. DESIGN CONTRACT 2. CONSTRUCTION CONTRAC~ 3. 4. TOTAL OTHER DIRECT COSTS: 50,000 330,000 ADMINISTRATIVE COSTS: $ 20,000 TOTAL PROJECT COST: $ 400,000 Please note that the Total Project Cost reflected in subsections B and D, above, should be consistent. B-7 EXHIBIT C: PROJECT MILESTONES PROJECT TITLE: Multi-Trails System - Citywide MILESTONE Award Design Contract Submit Interim Report Award Construction Contract Construction Completed Submit Final Report COMPLETION DATE November 1997 March 1998 March 1998 April 1999 June 1999 City of Temecula 43200 Business Park Drive · Temecula, CA 92590 · Mailing Address: PO. Box 9033 · Temecula, CA 9255%9033 (909) 694-6444 · Fax (909) 694q 999 May 29, 1997 Michele Stitzel MSRC Contracts Administrator South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765-4182 RE: MSRC Local Government Subvention Fund Match Program Letter of Self Insurance Dear Ms. Stitzel: This is to certify that the City of Temecula self-administers and insures, defends, settles and pays third party claims for bodily injury, personnel injury, death and/or property damage. Protection under this program is warranted to meet or exceed $1 million, combined Single Limit, per occurrence. Additionally, the City of Temecula is insured for Worker's Compensation under the laws of the State of California. The City agrees to provide the South Coast Air Quality Management District with thirty (30) days prior written notice of any changes in this program. If you need further information regarding this risk-retention program, you may contact either myself or Ms. Genie Roberts, Director of Finance, at (909) 694-6430. Sincerely, CITY OF TEMECULA Allie Kuhns Senior Management Analyst/ Risk Manager for the City of Temecula cc: Genie Roberts, Director of Finance Pntlredoil Recycled Paper B. II. APPLICANT INFORMATION PROJECT TITLE: Bike Path -.Citywide A. Please provide the following applicant information in the space provided. Return this page as part of your Project Application.' Applicant Name: Address: CITY OF TEMECULA P.O. BOX 9033, TEMECULA, CA 92589-9033 Point of Contact: Title: GENIE ROBERTS DIRECTOR OF FINANCE TelephoneNumber: FAXNumber: (909) 694-6430 (909) 496-6479 B. Please answer the following question(s): 1. Are you submitting a Joint Application with other cities/counties? 2. If "Yes", are you authorized to act on behalf of all participants? 3. f "Yes", please provide the names of all participating cities/counties: a) b) c) d) e) YES NO If you answered "Yes" to questions 1 and 2, above, have you attached a letter from each entity designating a lead agency and authorizing that agency to act on behalf of the other participants? YES NO B-2 B. III. PROJECTDESCRIPTION/STATEMENT OF WORK Please review the Qualifying Project Categories described in Section A, Subsection A.IV, and check the Category box that Corresponds to your proposed project. Please return this page as part of your Project Application: 1. Alternative Fuel/Electric Vehicles 2. Land Use Strategies 3. Public Transportation 4. Traffic Management 5. Transportation Demand Management 6. Transportation Pdcing Strategies 7. Bicycle Related Projects 8. Public Education Projects B. Please answer the following questions by checking the appropriate box and p? '¢iding explanatory information as requested: Is the proposed project a continuation of an existing project? Is the proposed project an expansion of an existing project? YES NO If you checked the "yes" box for either of the above two questions, please provide a brief explanation of the current project you wish to continue. If the proposed project is an expansion of an existing project, please provide a brief explanation of the existing project and the proposed expansion. Please feel free to attach an extra sheet if necessary. lf you checked the '~yes" box, please explain: B-3 EXHIBIT A: PROJECT DESCRIPTION/STATEMENT OF WORK PROJECT TITLE: Bike Path - Citywide The goal of this proposed project is to provide safe road access throughout the City of Temecula to encourage residents to use bicycles as an alternative means of transportation whenever possible. The City of Temecula takes great pride in the recreational opportunities afforded to its residents. The proposed project will provide an additional recreational opportunity while also providing a safe alternative to driving a motor vehicle for routine travel. This project involves identifying both major arterials and other non-major roads in Temecula, and then providing the necessary striping and other minor road improvements which may be required to make the path safe. This project will ultimately allow residents from any neighborhood in the City to safely reach any Temecula destination on a bicycle. The scope of the proposed project is the design, striping, and construction of road improvements to provide safe bicycle access to various locations throughout the City. EXHIBIT B: PROJECT COST BREAKDOWN (Please return this page as part of your Project Application) A. Please provide the following information regarding project funding: What is your Current Unallocated AB 2 766 Subvention Fund Balance? $ 225,0o0 B. Please provide the following Project Cost by Category Information: PROJECT COST BY FUNDING CATEGORY 1. AB 2766 SUBVENTION FUNDS (existing unallocated funds) 2. AB 2766 SUBVENTION FUNDS FROM FY 1997-'98 3. MSRC DISCRETIONARY FUNDS REQUESTED 4. ADDITIONAL PROJECT CO-FUNDING 5. TOTAL PROJECT COST AMOUNT $ $ 38,000 $ 9,500 $ $ 47,500 Is the MSRC match funding request less than or equal to 25% of the proposed AB 2766 Subvention Fund amount? Is the MSRC match funding request less than or equal to 20% of the Total Proposed Project Cost? . Does the applicant have sufficient funds available to cover the total project cost, considering that MSRC match funds are available on a reimbursement-basis only? Does the applicant have sufficient funds available to cover ANY cost increases, considering that increases in MSRC match funding will not be available? YES NO C. Please list all funding sources other than AB 2766 Subvention or MSRC Discretionary Match funds: NON-AB 27661MSRC FUNDING SOURCE AMOUNT 1. $ 2. $ 3. $ 4. $ 5. $ TOTAL OTHER PROJECT CO-FUNDING: $ B-6 As applicable, please list all project costs by cost element. Please provide as much detail as practicable when detailing project costs. For example, please provide labor categories, hourly rates, number of hours, etc. when defining labor costs.. Please return this page as part of your Project Application: CAPITAL EQUIPMENT COSTS (VEHICLE PURCHASE, ETC.): 1. 2. 3. 4. S. TOTAL CAPITAL EQUIPMENT COSTS: DIRECT LABOR COSTS: 1. labor hours X S/hour = $ 2. labor hours X - S/hour = $ 3. labor hours X S/hour = $ 4. labor hours X S/hour = $ TOTAL DIRECT LABOR COSTS: $ OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS: 1. DESIGN CONTRACT $ 2. CONSTRUCTION CONTACT $ 3. $ 4. $ TOTAL OTHER DIRECT COSTS: $ 9,500 35,625 ADMINISTRATIVE COSTS: $ 2,375 TOTAL PROJECT COST: $ /, 7,500 Please note that the Total Project Cost reflected in subsections B and D, above, should be consistent. B-7 EXHIBIT C: PROJECT MILESTONES PROJECT TITLE: Bike Path - Citywide MILESTONE Award Design Contract Submit Interim Report Award Construction Contract Construction Completed Submit Final Report COMPLETION DATE December 1997 March 1998 April 1998 July 1998 September 1998 City of Temecula 43200 Business Park Drive · Temecula, CA 92590 · lvL~ilingAdd~ess: P.O Box 9033 · Temecula, CA 92589-9033 (909) 694~5444 · Fax (909) 694-1999 May 29, 1997 Michele Stitzel MSRC Contracts Administrator South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765-4182 RE: MSRC Local Government Subvention Fund Match Program Letter of Self Insurance Dear Ms. Stitzel: This is to certify that the City of Temecula self-administers and insures, defends, settles and pays third party claims for bodily injury, personnel injury, death and/or property damage. Protection under this program is warranted to meet or exceed $1 million, combined Single Limit, per occurrence. Additionally, the City of Temecula is insured for Worker's Compensation under the laws of the State of California. The City agrees to provide the South Coast Air Quality Management District with thirty (30) days prior written notice of any changes in this program. If you need further information regarding this risk-retention program, you may contact either myself or Ms. Genie Roberts, Director of Finance, at (909) 694-6430. Sincerely, CITY OF TEMECULA Allie Kuhns Senior Management Analyst/ Risk Manager for the City of Temecula cc: Genie Roberts, Director of Finance Pr!redo~ Recycled Paper PROJECT TITLE: ~argarita Sidewalk Project APPLICANT INFORMATION A. Please provide the following applicant information in the space provided. Return this page as part of your Project Application.' CITY OF TEMECULA P.O. BOX 9033, GENIE ROBERTS Applicant Name: Address: Point of Contact: Title: Telephone Number: FAX Number: TEMECULA, CA 92589-9033 DIRECTOR OF FINANCE (909) 694-6430 (909) 496-6479 B. Please answer the following question(s): 1. Are you submitting a Joint Application with other cities/counties? 2. If "Yes", are you authorized to act on behalf of all participants? 3. f "Yes", please provide the names of all participating cities/counties: a) b) c) d) e) YES NO If you answered "Yes" to questions 1 and 2, above, have you attached a letter from each entity designating a lead agency and authorizing that agency to act on behalf of the other participants? YES NO B-2 B. III. PROJECT DESCRIPTION/STATEMENT OF WORK Please review the Qualifying Project Categories described in Section A, Subsection A.IV, and check the Category box that corresponds to your proposed project. Please return this page as part of your Project Application: 1, Alternative Fuel/Electric Vehicles I~ 5. Transportation Demand Management 2. Land Use Strategies [~ 6. Transportation Pricing Strategies 3. Public Transportation ~] 7. Bicycle Related Projects 4. Traffic Management O 8. Public Education Projects B. Please answer the following questions by checking the appropriate box and providing explanatory information as requested: YES NO Is the proposed project a con[inuation of an existing project? Is the proposed project an expansion of an existing project? Go If you checked the "yes" box for either of the above two questions, please provide a brief explanation of the current project you wish to continue. If the proposed project is an expansion of an existing project, please provide a brief explanation of the existing project and the proposed expansion. Please feel free to attach an extra sheet if necessary. lf you checked the ')/es" box, please explain: B-3 EXHIBIT A: PROJECT DESCRIPTION/STATEMENT OF WORK PROJECT TITLE: Margarita Sidewalk Project The goal of this proposed project is to provide safe pedestrian access to the Rancho California Sports Park to encourage residents to walk to the park instead of driving. The Rancho California Sports Park is located at the intersection of Margarita and Rancho Vista Roads in Temecula. Temecula Valley High School is located across Margarita Road from the Sports Park, and several large residential neighborhoods are located around the Park. Consequently, the Park sustains a significant amount of pedestrian traffic both while school is in session and during special events. The proposed sidewalk will be constructed along the Margarita Road frontage to the Park. Currently, sidewalks exist along the full length of the Rancho Vista frontage. However, there is no safe passage for pedestrians along Margarita Road, as the existing path is a dirt path. During rainy periods, this path becomes a hazard to pedestrians. Additionally, two softball fields are located along Margarita Road, increasing the need for sidewalks to be installed. Access to the Park from the Margarita Road side is particularly important during community events, such as the Fourth of July fireworks display, because a large number of resident pedestrians enter the Sports Park from the residential neighborhoods surrounding the Park, and Margarita Road is the route they use to access the Park. The scope of the proposed project is the design and construction of sidewalk, curb, and parkway landscaping improvements to provide safe pedestrian access to the Sports Park. 10BI'OUd X'1VM:101S V.LIUVOUVN )4HYd SIHOd~ VIN}{OJIIY3 OHDN¥~{ VI$1A OILI 333 I 31803 · LD~£OHd )I']VM~{(]IS VJJHV~)HVI~ NOI£VDOq £DHfOHd EXHIBIT B: PROJECT COST BREAKDOWN (Please return this page as part of your Project Application) A. Please provide the following information regarding project funding: What is your Current Unallocated AB 2766 Subvention Fund Balance? $ B. Please provide the following Project Cost by Category Information: 225,000 PROJECT COST BY FUNDING CATEGORY 1. AB 2766 SUBVENTION FUNDS (existing unallocated funds) 2. AB 2766 SUBVENTION FUNDS FROM FY 1997-'98 3. MSRC DISCRETIONARY FUNDS REQUESTED 4. ADDITIONAL PROJECT CO-FUNDING 5. TOTAL PROJECT COST AMOUNT $ 160,000 $ $ 40,OO0 $ $ 200,000 Is the MSRC match funding request less than or equal to 25% of the proposed AB 2766 Subvention Fund amount? Is the MSRC match funding request less than or equal to 20% of the Total Proposed Project Cost? Does the applicant have sufficient funds available to cover the total project cost, considering that MSRC match funds are available on a reimbursement-basis only? Does the applicant have sufficient funds available to cover ANY cost increases, considering that increases in MSRC match funding will not be available? YES NO r'l C. Please list all funding sources other than AB 2766 Subvention or MSRC Discretionary Match funds: NON-AB 27661USRC FUNDING SOURCE AMOUNT 1. $ 0 2. $ 3. $ 4. $ 5. $ TOTAL OTHER PROJECT CO-FUNDING: $ 0 B-6 As applicable, please list all project costs by cost element. Please provide as much detail as practicable when detailing project costs. For example, please provide labor categories, hourly rates, number of hours, etc. when der'ming labor costs.. Please return this page as part of your Project Application: CAPITAL EQUIPMENT COSTS (VEHICLE PURCHASE, ETC.): 1. 2. 3. 4. 5. TOTAL CAPITAL EQUIPMENT COSTS: 0 DIRECT LABOR COSTS: 1. labor hours X S/hour = $ 2. labor hours X 'S/hour = $ 3. labor hours X S/hour = $ 4. labor hours X S/hour = $ TOTAL DIRECT LABOR COSTS: $ OTHER DIRECT COSTS, INCLUDING SUBCONTRACTORS: 1. DESIGN CONTRACT $ 2. cONSTRUCTION CONTRACT $ 3. $ 4. $ TOTAL OTHER DIRECT COSTS: $ 32,000 160,000 192,000 ADMINISTRATIVE COSTS: $ 8,000 TOTAL PROJECT COST: $ 200,000 Please note that the Total Project Cost reflected in subsections B and D, above, should be consistent. B-7 EXHIBIT C: PROJECT MILESTONES PROJECT TITLE: Margarita Sidewalk Project MILESTONE Award Design Contract Award Construction Contract Submit Interim Report Construction Completed Submit Final Report COMPLETION DATE July 1997 September 1997 October 1997 October 1997 March 1998 City of Temecula 43200 Business Park Drive · Temecula, CA 92590 · Mailing Address: P.O Box 9033 · Temecula, CA 92589-9033 (909) 694-6444 · Fax (909] 694q 999 May 29, 1997 Michele Stitzel MSRC Contracts Administrator South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765-4182 RE: MSRC Local Government Subvention Fund Match Program Letter of Self Insurance Dear Ms. Stitzel: This is to certify that the City of Temecula self-administers and insures, defends, settles and pays third party claims for bodily injury, personnel injury, death and/or property damage. Protection under this program is warranted to meet or exceed $1 million, combined Single Limit, per occurrence. Additionally, the City of Temecula is insured for Worker's Compensation under the laws of the State of California. The City agrees to provide the South Coast Air Quality Management District with thirty (30) days prior written notice of any changes in this program. If you need further information regarding this risk-retention program, you may contact either myself or Ms. Genie Roberts, Director of Finance, at (909) 694-6430. Sincerely, CITY OF TEMECULA Allie Kuhns Senior Management Analyst/ Risk Manager for the City of Temecula cc: Genie Roberts, Director of Finance P.nled on Recycled Paper C.1I. CONTRACT DOCUMENTS Application No.*** Contract No. AB2766/****** SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AB 2766/MSRC LOCAL GOVERNMENT SUBVENTION FUND MATCH PROGRAM CONTRACT WHEREAS, the parties to this Contract are the South Coast Air Quality Management AQMD (hereinafter referred to as "AQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765, and *** (hereinafter referred to as "CONTRACTOR") and WHEREAS, AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California (State) and AQMD is authorized under. State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act; and WHEREAS, under State Health and Safety Code Section 44223(a) the AQMD's Governing Board has authorized the imposition of the statutorily set motor vehicle fee and by taking such action the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to AQMD; and WHEREAS, State Health and Safety Code Section 44243(c) further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles; and WHEREAS, State Health and Safety Code Section 44244(a) creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account and .pursuant to approval of the work program by AQMD's Governing Board, AQMD Board authorized a contract with CONTRACTOR for the project described in Exhibit "A" (Project Description) incorporated herein and made a part hereof, and WHEREAS, CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in CONTRACTOR'S AB 2766 Local Government Subvention Match Program Application dated NOW THEREFORE, th'e Parties agree as follows: TERMS AND CONDITIONS OF PERFORMANCE 1. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fee to be collected under AB2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD's receipts of funds is contingent on the timely remittance by State's DMV. AQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely manner. C-2 2. AUDIT - CONTRACTOR shall, at least once every two years, or within two years of the termination of the contract if the term is less than two years, be subject to an audit by AQMD or its authorized representative to. determine if the revenues received by · CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended,'AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD's sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. 3. TERM - The term of this Contract is from date of contract execution by both parties through completion of the project or July 31, 1999, whichever occurs first unless terminated earlier as provided for in Paragraph 4 below entitled Termination. All project deliverables and requests for reimbursement must be received by July 31., 1999. Failure to meet this deadline will result in forfeiture of AB 2766 Discretionary Funds. Extensions to this deadline will not be granted. No work shall commence prior to the Contract start date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. 4. TERMINATION - In. the event any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements of Exhibits "A" and "C", this shall constitute a material breach of the Contract. The non-breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) day's written .notice. Notification shall be provided in the manner set forth in Paragraph 21 below, entitled - "Notices." Termination shall not be the exclusive remedy of the non-breaching party. The non-breaching party reserves the right to seek any and all remedies provided by law. AQMD reserves the i'ight to terminate this Contract for non-breach and will reimburse CONTRACTOR for actual costs incurred in performance of this Contract through the effective date of termination for non-breach. 5. INSURANCE- Prior to the start of this Contract, CONTRACTOR shall furnish evidence of liability insurance with a combined single limit (general and automotive) of One Million Dollars ($1,000,000). CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. AQMD shall be named as an additional insured on such liability policy and thirty-(30) days written notice of modification of any such insurance shall be given' by CONTRACTOR to AQMD. Such modification is subject to pre-approval by AQMD. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. 6. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify AQMD, its officers, .employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract. 7. PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of *** Dollars ($***) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall' revert to the AB2766 Discretionary Fund. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by CONTRACTOR. B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and list AQMD's contract number, period covered by invoice, and CONTRACTOR'S social security number or Employer Identification Number and submitted to: South Coast Air Quality Management AQMD, 21865 East Copley Drive, Diamond Bar, CA 91765. Attn: Michele Stitzel. C. No funds shall be paid out to CONTRACTOR pursuant to this contract, until the project described in Exhibit "A" is completed and proof of completion is provided to AQMD. If the project described in Exhibit "A" is not completed and satisfactory proof of completion is not provided to AQMD, no monies shall be due and payable to CONTRACTOR Proof of completion shall include a Final Report estimating the emission reductions obtained from the project and providing the basis of the estimate. D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than AB 2766 Discretionary Funds. E. The Firm Fixed Price amount of this Contract shall not exceed 25% of the total AB 2766 Subvention Funds applied to the project described in Exhibits "A", "B", and "C" of this Contract. F. If, at the completion of the Project described in Exhibit "A", the actual amount of AB 2766 Funds utilized in performance of the project is less than the amount described in Exhibit "B", the Firm Fixed Price amount reimbursed to CONTRACTOR by AQMD shall not exceed 25% of the actual AB 2766 Subvention Fund amount applied to the project. 8. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees tO comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 9. EMPLOYEES OF CONTRACTOR A. CONTRACTOR shall be responsible for the cost of regular pay to his employees, as well as cost of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays. B. CONTRACTOR shall also pay all federal and state payroll taxes for his employees and shall maintain workers' compensation and liability insurance for each of its employees. C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRACTOR further represents that in performance of this Contract, no person having any such interest shall be employed by CONTRACTOR or any subcontractor. 10. OWNERSHIP - Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with CONTRACTOR. 11. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, Executive Order No. 11246 (30 Federal Register C-4 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. 12 ASSIGNMENT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the written consent of the other, and any attempt by either party to do so shall be void upon inception. 13. NON-EFFECT OF WAIVER - CONTRACTOR'S or AQMD's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 14. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and costs. 15. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shodages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of AQMD or CONTRACTOR. 16. SEVERABILITY - In the event [hat any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 17. HEADINGS - Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction,. or meaning of the provisions of this Contract. 18. DUPLICATE EXECUTION -This Contract is executed in duplicate. Each signed copy shall have the fome and effect of an original. 19. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any dispute shall be Los Angeles County, California. 20. PRE-CONTRACT COSTS - Any costs incurred by Contractor prior to AQMD receipt of a fully executed Contract shall be incurred solely at the risk of the Contractor. In the event that a formal Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre-contract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provisiori of the Contract. C-5 21. NOTICES - Any notices from either party to the other shall be given in writing to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. AQMD: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Attn.: Michele Stitzel CONTRACTOR: Attn: *** 22. ENTIRE CONTRACT - This Contract represents the entire agreement between the parties hereto related to CONTRACTOR providing services to AQMD and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. C-6 IN WITNESS WHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives. SOUTH COAST AQMD (Name of City or County) By: By: Nancy S. Covey Contracts Manager, South Coast AQMD Date: (Name) (Title) By: (Name) (Title) Date: APPROVED AS TO FORM: Peter Greenwald, General Counsel By: C-7 C.11. CONTRACT DOCUMENTS Application No.*** Contract No. AB2766/* ..... SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AB 27661MSRC LOCAL GOVERNMENT SUBVENTION FUND MATCH PROGRAM CONTRACT WHEREAS, the parties to this Contract are the South Coast Air Quality Management AQMD (hereinafter referred to as "AQMD") whose address is 21865 Copley Drive, Diamond Bar, California 91765, and *** (hereinafter referred to as "CONTRACTOR") and WHEREAS, AQMD is the local agency with primary responsibility for regulating stationary source air pollution in the South Coast Air Basin in the State of California (State) and AQMD is authorized under. State Health & Safety Code Section 44225 (Assembly Bill (AB) 2766) to levy a fee on motor vehicles for the purpose of reducing air pollution from such vehicles and to implement the California Clean Air Act; and WHEREAS, under State Health and Safety Code Section 44223(a) the AQMD's Governing Board has authorized the imposition of the statutorily set motor vehicle fee and by taking such action the State's Department of Motor Vehicles (DMV) is required to collect such fee and remit it periodically to AQMD; and WHEREAS, State Health and Safety Code Section 44243(c) further mandates that thirty (30) percent of such vehicle registration fees be placed by AQMD into a separate account for the sole purpose of implementing and monitoring programs to reduce air pollution from motor vehicles; and WHEREAS, State Health and Safety Code Section 44244(a) creates a regional Mobile Source Air Pollution Reduction Review Committee (MSRC) to develop a work program to fund projects from the separate account and pursuant to approval of the work program by AQMD's Governing Board, AQMD Board authorized a contract with CONTRACTOR for the project described in Exhibit "A" (Project Description) incorporated herein and made a part hereof, and WHEREAS, CONTRACTOR has met the requirements for receipt of AB 2766 Discretionary Funds as set forth in CONTRACTOR'S AB 2766 Local Government Subvention Match Program Application dated NOW THEREFORE, the Parties agree as follows: TERMS AND CONDITIONS OF PERFORMANCE 1. DMV FEES - CONTRACTOR acknowledges that AQMD cannot guarantee the amount of fee to be collected under AB2766 will be sufficient to fund this Contract. CONTRACTOR further acknowledges that AQMD's receipts of funds is contingent on the timely remittance by State's DMV. AQMD assumes no responsibility for the collection and remittance of motor vehicle registration fees by DMV to AQMD in a timely manner. 2. AUDIT - CONTRACTOR shall, at least once every two years, or within two years of the termination of the contract if the term is less than two years, be subject to an audit by AQMD or its authorized representative to determine if the revenues received by CONTRACTOR were spent for the reduction of pollution from Motor Vehicles pursuant to the Clean Air Act of 1988. AQMD shall coordinate such audit through CONTRACTOR'S audit staff. If an amount is found to be inappropriately expended, 'AQMD may withhold revenue from CONTRACTOR in the amount equal to the amount which was inappropriately expended. Such withholding shall not be construed as AQMD's sole remedy and shall not relieve CONTRACTOR of its obligation to perform under the terms of this Contract. 3. TERM - The term of this Contract is from date of contract ex. ecution by both parties through completion of the project or July 31, 1999, whichever occurs first unless terminated earlier as provided for in Paragraph 4 below entitled Termination. All project deliverables and requests for reimbursement must be received by July 31., 1999. Failure to meet this deadline will result in forfeiture of AB 2766 Discretionary Funds. Extensions to this deadline will not be granted. No work shall commence pdor to the Contract start date, except at CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. 4. TERMINATION - In. the event any party fails to comply with any term or condition of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements of Exhibits "A" and "C", this shall constitute a material breach of the Contract. The non-breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days or provide written notification of its intention to terminate this Contract with thirty (30) day's written .notice. Notification shall be provided in the manner set forth in Paragraph 21 below, entitled - "Notices." Termination shall not be the exclusive remedy of the non-breaching party. The non-breaching party reserves the right to seek any and all remedies provided by law. AQMD reserves the ~'ight to terminate this Contract for non-breach and will reimburse CONTRACTOR for actual costs incurred in performance of this Contract through the effective date of termination for non-breach. 5. INSURANCE - Prior to the start of this Contract, CONTRACTOR shall furnish evidence of liability insurance with a combined single limit (general and automotive) of One Million Dollars ($1,000,000). CONTRACTOR shall maintain such coverage during the term of this Contract and any extensions thereof. AQMD shall be named as an additional insured on such liability policy and thirty-(30) days written notice of modification of any such insurance shall be given' by CONTRACTOR to AQMD. Such modification is subject to pre-approval by AQMD. If CONTRACTOR fails to maintain the required insurance coverage, AQMD reserves the right to terminate the Contract or purchase such additional insurance and bill CONTRACTOR or deduct the cost thereof from any payments owed to CONTRACTOR. 6. INDEMNIFICATION - CONTRACTOR agrees to hold harmless, defend, and indemnify AQMD, its officers, .employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost, or expenses which AQMD, its officers, employees, agents, representatives, and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CONTRACTOR, its employees, subcontractors, or agents in the performance of this Contract. 7. PAYMENT A. AQMD shall pay CONTRACTOR a Firm Fixed Price of *** Dollars ($***) upon completion of the project on a reimbursement basis. Any funds not expended upon early contract termination or contract completion shall revert to the AB2766 Discretionary Fund. Payment of charges shall be made by AQMD to CONTRACTOR within thirty (30) days after approval by AQMD of an itemized invoice prepared and furnished by CONTRACTOR. B. An invoice submitted to AQMD for payment must be prepared in duplicate, on company letterhead, and list AQMD's contract number, period covered by invoice, and CONTRACTOR'S social security number or Employer Identification Number and submitted to: South Coast Air Quality Management AQMD, 21865 East Copley Drive, Diamond Bar, CA 91765. Attn: Michele Stitzel. C. No funds shall be paid out to CONTRACTOR pursuant to this contract, until the project described in Exhibit "A" is completed and proof of completion is provided to AQMD. If the project described in Exhibit "A" is not completed and satisfactory proof of completion is not provided to AQMD, no monies shall be due and payable to CONTRACTOR Proof of completion shall include a Final Report estimating the emission reductions obtained from the project and providing the basis of the estimate. D. Additional AB 2766 Discretionary Match Funds will not be available to fund project cost overruns. Any project cost overruns must be funded from other than AB 2766 Discretionary Funds. E. The Firm Fixed Price amount of this Contract shall not exceed 25% of the total AB 2766 Subvention Funds applied to the project described in Exhibits "A", "B", and "C" of this Contract. F. If, at the completion of the Project described in Exhibit "A", the actual amount of AB 2766 Funds utilized in performance of the project is less than the amount described in Exhibit "B", the Firm Fixed Price amount reimbursed to CONTRACTOR by AQMD shall not exceed 25% of the actual AB 2766 Subvention Fund amount applied to the project. 8. COMPLIANCE WITH APPLICABLE LAWS - CONTRACTOR agrees to comply with all federal, state, and local laws, ordinances, codes and regulations and orders of public authorities in the performance of this Contract and to ensure that the provisions of this clause are included in all subcontracts. 9. EMPLOYEFS OF CONTRACTOR A. CONTRACTOR shall be responsible for the cost of regular pay to his employees, as well as cost of vacation, vacation replacements, sick leave, severance pay and pay for legal holidays. B. CONTRACTOR shall also pay all federal and state payroll taxes for his employees and shall maintain workers' compensation and liability insurance for each of its employees. C. CONTRACTOR, its officers, employees, agents, or representatives shall in no sense be considered employees or agents of AQMD, nor shall CONTRACTOR, its officers, employees, agents, or representatives be entitled to or eligible to participate in any benefits, privileges, or plans, given or extended by AQMD to its employees. D. CONTRACTOR warrants that it has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. CONTRACTOR further represents that in performance of this Contract, no person having any such interest shall be employed by CONTRACTOR or any subcontractor. 10. OWNERSHIP - Title and full ownership rights to any products purchased or developed under this Contract shall at all times remain with CONTRACTOR. 11. NON-DISCRIMINATION - In the performance of this Contract, CONTRACTOR shall not discriminate in recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, or physical handicap and shall comply with the provisions of the California Fair Employment & Housing Act (Government Code Section 12900, et seo..), the Federal Civil Rights Act of 1964 (P.L. 88-352) and alJ amendments thereto, Executive Order No. 11246 (30 Federal Register 12319), and all administrative rules and regulations issued pursuant to said Acts and Order. CONTRACTOR shall likewise require each subcontractor to comply with this paragraph and shall include in each such subcontract language similar to this paragraph. 12 ASSIGNMFNT - The rights granted hereby may not be assigned, sold, licensed, or otherwise transferred by either party without the written consent of the other, and any attempt by either party to do so shall be void upon inception. 13. NON-EFFECT OF WAIVER - CONTRACTOR'S or AQMD's failure to insist upon the performance of any or all of the terms, covenants, or conditions of this Contract, or failure to exercise any rights or remedies hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such terms, covenants, or conditions, or of the future exercise of such rights or remedies, unless otherwise provided for herein. 14. ATTORNEYS' FEES - In the event any action (including arbitration) is filed in connection with the enforcement or interpretation of this Contract, each party in said action shall pay its own attorneys' fees and costs. 15. FORCE MAJEURE - Neither AQMD nor CONTRACTOR shall be liable or deemed to be in default for any delay or failure in performance under this Contract or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or any similar cause beyond the reasonable control of AQMD or CONTRACTOR. 16. SEVFRABILITY - In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be unenforceable in any respect by a court of competent jurisdiction, such holding shall not affect any other provisions of this Contract, and the Contract shall then be construed as if such unenforceable provisions are not a part hereof. 17. HEADINGS - Headings on the paragraphs of this Contract are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction,. or meaning of the provisions of this Contract. 18. DUPLICATE EXECUTION - This Contract is executed in duplicate. Each signed copy shall have the force and effect of an original. 19. GOVERNING LAW - This Contract shall be construed and interpreted and the legal relations created thereby shall be determined in accordance with the laws of the State of California. Venue for resolution of any dispute shall be Los Angeles County, California. 20. PRE-CONTRACT COSTS - Any costsincurred by Contractor prior to AQMD receipt of a fully executed Contract shall be incurred solely at the risk of the Contractor. In the event that a formal Contract is not executed, neither the MSRC nor the AQMD shall be liable for any amounts expended in anticipation of a formal Contract. If a formal Contract does result, pre-contract cost expenditures authorized by the Contract will be reimbursed in accordance with the cost schedule and payment provision of the Contract. C-$ 21. NOTICES - Any notices from either party to the other shall be given in wdting to the attention of the persons listed below, or to other such addresses or addressees as may hereafter be designated in writing for notices by either party to the other. A notice shall be deemed received when delivered or three days after deposit in the U.S. Mail, postage prepaid, whichever is earlier. AQMD: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Attn.: Michele Stitzel CONTRACTOR: Attn: *** 22. ENTIRE CONTRACT - This Contract rapresents the entire agreement between the parties hereto related to CONTRACTOR providing services to AQMD and there are no understandings, representations, or warranties of any kind except as expressly set forth herein. No waiver, alteration, or modification of any of the provisions herein shall be binding on any party unless in writing and signed by the party against whom enforcement of such waiver, alteration, or modification is sought. (2-6 IN WITNESS VVHEREOF, the parties to this Contract have caused this Contract to be duly executed on their behalf by their authorized representatives. SOUTH COAST AQMD By: By: (Name of City or County) Nancy S. Covey Contracts Manager, South Coast AQMD Date: (Name) (Title) By: (Name) (Title) Date: APPROVED AS TO FORM: Peter Greenwald, General Counsel By: C-7 ITEM 17 APPROVAT, CITY ATTORNEY DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Members Pete Labahn, Chief of Police May 27, 1997 Selection of Vendor and Appropriation of Grant Funds PREPARED BY: Lt. Jim Domenoe RECOMMENDATION: That the City Council appropriate $45,525 to purchase a command post trailer for Police Department use from Universal Specialty Vehicles in Riverside, California. DISCUSSION: On April 22, 1997, the Temecula City Council unanimously approved staff recommendation to accept an advisory committee recommendation to expend grant funds to purchase a mobile command post trailer for use by the police department. Since that time, staff has researched potential vendors for this specialized piece of equipment. In addition, a great deal of research was conducted into the required layout and equipment needed to outfit such a trailer. Attached to this report is a design drawing of the interior of the trailer. This design is expected to be functional over the life of the trailer. Its flexibility will allow the police department to utilize the trailer for a number of purposes. Because of the unique and highly specialized nature of such equipment, staff made inquiries of other Southern California law enforcement agencies to determine if they had purchased similar equipment and if so, if they were satisfied with the product. With input from these agencies a list of potential vendors was compiled. Four companies were identified and were subsequently contacted for price quotes. The four companies identified were: Callen Camper, El Cajon, California; Mighty Mover Trailers, Corona, California; Universal Specialty Vehicles, Riverside, California; and Yucaipa Auto and Trailer, Yucaipa, California. Yucaipa Auto and Trailer sublets their work to Wells Cargo Company in Indiana. Due to the specialized nature of this purchase, staff directly contacted all known vendors, which is consistent with the City's purchasing procedures. Price quotations for each vendor are as follows: Callen Camper Mighty Mover Universal Specialty Vehicles Yucaipa Auto and Trailer did not return a quotation. $70,000 $40,000 $45,525 Of the four companies, Universal Specialty Vehicle was recommended by staff as having the highest quality product along with an outstanding customer assistance program. In addition, their product is the only one to meet California Department of Housing standards for habitation as a commercial coach. Although their price was not the lowest, it was evident that their product is of the highest quality. The company was highly recommended by the Los Angeles County Sheriff's Department, which has purchased and owns several of their vehicles. FISCAL IMPACT: An appropriation of $45,525 is required to fund this expenditure. Local Law Enforcement Block Grant monies have been awarded for this purchase. ATTACHMENT: Design drawing of trailer interior R: INOR TONL ~4 GENOA SJ COMMANO. PS T 05/20/97 ? / BENCH SEAT 4'-11" [ FLUSH FLUORESCENT LIGHTING POCKET DOOR DRAWERS UNDER COUNTER TABLE 0 - 0 26' 8'-11" OVERHEAD CABINETS FLUSH FLUORESCENT LIGHTING oVERHEAD CABINETS DRAWERS UNDER COUNTER DRAWERS UNDER COUNTER FAX/COPIER COUNTER TOP FLUSH FLUORESCENT LIGHTING 04/15/97 R.J. LONGO 0 ITEM 18 TO: FROM: DATE: SUBJECT: APPROVAL )1~~ CITY ATTORNEY FINANCE DIRECTs(:: { CITY MANAGER J~ CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager May 27, 1997 David Turch and Associates STAFF RECOMMENDATION: Staff recommends that the Council retain the public advocacy firm of David Turch and Associates to assist the City in pursuing federal funding opportunities for infrastructure needs. BACKGROUND: Staff has, at Council direction, embarked on a very aggressive effort to identify and obtain federal funding for Temecula infrastructure needs. We have currently submitted a list of five transportation projects and one floodway project to federal officials for their consideration. Our original request exceeds $53 million and will require continuing contact with federal officials if we hope to have any of our proposals recognized and included in future federal appropriations. For this reason, staff recommends retention of an experienced Washington, D.C. legislative advocacy firm that is familiar with transportation and economic development issues. Staff has identified David Turch and Associates as a firm that fits this criteria. They are a ten year old firm that represents both public sector and Fortune 50 companies. The firm's list of accomplishments are impressive and are confirmed by clients contacted by staff. A copy of their proposal is attached. We have checked the references for David Turch in both the public and private sectors. The firm was hired to pursue funding for a variety of projects including transportation, airport, and defense contracts. In every instance, they had excellent access to the legislature and staff and were very knowledgeable in available funding sources and the processes to secure various funds. They also communicated well with clients on a timely basis to accomplish the desired objectives. FISCAL IMPACT: Staff has negotiated a twelve month agreement with Mr. Turch for $2,000 per month, plus expenses. (Expenses are expected not to exceed $6,000.) The agreement has a 30 day cancellation provision by either party. If the City cancels during the first twelve months, there is a 15% of the remaining balance fee. The agreement will be effective July 1, 1997 and funding is proposed in the FY 97-98 Budget. CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, dated May 27, 1997, between the City of Temecula, a municipal corporation ("City") and David Turch and Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 1997 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 1998, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competenay 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. PAYMF, NT. a. The City agrees to pay Consultant Twenty Four Thousand Dollars ($24,00) per year. Such compensation is to be paid according to the following schedule: The first month's payment of Two Thousand Dollars ($2,000) to accompany this contract. Thereafter, each month's payment of Two Thousand Dollars is agreed to be due and payable, without additional notice or demand, on or before the first day of each calendar month beginning on July 1, 1997. Expenses: City agrees to reimburse Consultant for all ordinary and reasonable expenses incurred on its behalf. Consultant agrees to bill Temecula monthly for such expenses, such billing to be mailed on or before the fifth day of each calendar month. Such expense statements are agreed to be paid by Temecula on or before the fifteenth day of the calendar month following such billing. LAX2:136829.2 - 1- Reviaed 9/18~95 SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The agreement may be cancelled at the option of City. City agrees to pay 15% of the remaining value of the first year of this contract, had this contract remained in full force and effect. After the first year and for any other extensions, no "drop fee" will be required. 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. OWN-ER~ OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of 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 LAX2:136829.2 -2= Revi~ed9/18/95 related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or falling to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. LAX2:136829.2 -3- Revised 9/18/95 b. Minimum l.imits of Insurance. Consultant shall maintain limits no less (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. LAX2:136829.2 -4- R~viaed9/18/95 (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in 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 LAX2:136829.2 -5- R~iaed9/18/95 indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. I,EGAI, RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. REI,EASE 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, retum 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: LAX2:136829.2 -6- R©vi~..d9/18/95 To City: To Consultant: City of Temecula P. O. Box 9033 43200 Business Park Drive Temecula, California 92590-9033 Attention: Ronald E. Bradley, City Manager David Turch and Associates 517 2nd Street Northeast, Washington D.C. 20002 Attn: David Turch 14. 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. 15. GOVERNING !,AW. 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. 16. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. LAX2:136829.2 -7- Revised 9/18/95 IN WITNESS WItEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Patricia H. Birdsall Mayor Attest: June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT David Turch President By By: LAX2:136829.2 -8- Revi~19/18/95 LAX2:136829.2 -9- Revi~d9118/95 EXHIBIT A TASKS TO BE PERFORMED City hereby engages the services of Consultant to advise, counsel and represent Temecula with, principally but not limited to, its affairs with the Legislative and Executive Branches of the Federal Government. Consultant hereby agrees to faithfully and to the best of its ability, promote and represent Temecula and its interests with, principally but not limited to, the advancement of federal legislative proposals, grants and funding sources for transportation, economic development and emergency preparedness which could have a substantial impact on Temecula or the conduct of its operations. It is further understood and expected, that from time to time, or on a continuing basis, other tasks, whether general or specific, may be requested and performed by the mutual consent of the parties. Adjustments to the compensation schedule, if any, for such other tasks shall be mutually agreed to by the parties on a case by case basis. LAX2:136829.2 -10- Revised9118/95 EXHIBIT B PAYMENT SCHEDULE LAX2:136829.2 = 1 ~ - Revised 9/18/95 ITEM 19 ORDINANCE NO. 97-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28.010(d) OF THE TEMECULA MUNICIPAL CODE REGARDING THE PRIMA FACIE SPEED LIMIT ON (1) MIRA LOMA DRIVE NORTH OF RANCHO VISTA ROAD (2) CABRH~LO AVENUE BETWEEN JEDEDIAH SMITH ROAD AND VALLEJO AVENUE THE CITY COUNCIL OF THE CITY 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 engineering and traffic surveys on its roadways in order to determine the appropriate speed limit; WHEREAS, the engineering and traffic surveys on the segments of roadways designated in this Ordinance were conducted to establish speed limits which are appropriate for these roadways. 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 Portion Affected Declared Prima Facie Speed l.imit, Miles Per Hour Mira Loma Drive North of Rancho Vista Road 30 Cabrillo Avenue between Jedediah Smith Road and Vallejo Avenue 35 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. Ords/97-08 1 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 certify 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 5. This Ordinance shall be in full force and effect thirty (30) days after its 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 ADOPTED this 13th day of May, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC/AAE City Clerk [SEAL] Ords/97-08 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 97-08 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of May, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day of May, 1997, by the following vote: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June S. Greek, CMC/AAE City Clerk Ords/97-08 3 ITEM 20 ORDINANCE NO. 97-09 AN ORDINANCE OF THE CITY OF TEMECULA AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE BY ADDING A NEW CHAVIT_R ENTITLF~D t'PUBLIC FACILITIES DEVELOPMENT IMPACT FEE" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Title 15 (Buildings and Construction) of the Temecula Municipal Code is hereby amended by adding thereto a new Chapter 15.06 to read as follows: "Chapter 15.06 Public Facilities Development Impact Fee 15.06.010 Findings and Intent. A. The City Council finds that Temecula is a rapidly growing City. The City's population has the potential to grow from a current population of about 40,000 to over 200,000 at build out. This increase in population is reasonably expected to create a substantial increase in the demand placed upon public facilities. The City's existing public facilities will soon become inadequate to handle the projected population growth at existing levels of service. In order to serve the projected population growth, public facilities must be expanded. B. It is the intent of the City to require every person who develops land to mitigate the impacts of that development on the City's public facilities. The City will therefore require developers to pay a public facilities development impact fee that will be used to meet the demand for public facilities caused by development. The public facilities will be constructed in accordance with a capital improvement plan adopted by resolution of the City Council. C. The amount of the public facilities development impact fees collected pursuant to this Chapter shall be limited to the cost of public facilities attributable to new development. The amount of the public facilities development impact fees collected shall not include the cost of public facilities that serve existing development. 15.06.020 Residential Public Facilities Development Impact Fee Required. A. Except as provided in Sections 15.06.040 and 15.06.050, a developer shall pay a public facilities development impact fee for each building which is part of a residential development, in an amount established by resolution of the City Council, upon final inspection for that building, or the date the certificate of occupancy is issued for that building, whichever occurs first; provided, however, that if a residential development contains more than one dwelling, the Director of Community Development may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, wtu'chever occurs first; on a pro rata basis when a certain percentage of the dwellings have received their final inspection or certificate of occupancy, whichever occurs first; or on a lump-sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first. If the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the Director of Community Development may require the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time specified above. The contract shall be recorded with the Riverside County Recorder and shall constitute a lien for the payment of the fee. B. For purposes of this Section, "final inspection" or "certificate of occupancy," shall be defined as that term is defined in Government Code Section 66007, as amended. 15.06.030 Non-Residential Public Facilities Development Impact Fee Required. A. Except as provided in Sections 15.06.040 and 15.06.050, a developer shall pay a public facilities development impact fee for each building in a non-residential development, in an amount established by resolution of the City Council, prior to issuance of a building permit for that building. B. Notwithstanding paragraph A of this Section, a building permit may be issued to a developer prior to payment of a public facilities development fee, if the developer qualifies as a any nonprofit organization that is exempted from taxes by Section 501(c)(3) of the Internal Revenue Code of 1986. If, pursuant to this paragraph, the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the non-residential development encumbered thereby, the Director of Community Development may require the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, upon transfer of the non-residential development, or the applicable portion thereof, to a purchaser that does not qualify as a nonprofit organization that is exempted from taxes by Section 501(c)(3) of the Internal Revenue Code of 1986. The contract shall be recorded with the Riverside County Recorder and shall constitute a lien for the payment of the fee. Orda/97-09 2 15.06.040 Developer Construction of Public Facilities Pursuant to Capital Improvement Plan. A. A developer shall be entitled to a reduction in the amount of the public facilities development impact fee required by Sections 15.06.020 and 15.06.030, if the developer constructs public facilities pursuant to the City's Capital Improvement Plan. The public facilities development impact fee shall be reduced by the amount of engineering and construction costs that would be reasonably incurred by the City in building those same public facilities. The amount of the reduction in the public facilities development impact fee shall be subject to approval by the Director of Community Development prior to construction of the development. B. If a developer constructs public facilities pursuant to the City's Capital Improvement Plan, and if the City's engineering and construction costs to construct those same public facilities would have been more than the public facilities development impact fee assessed to that developer pursuant to Sections 15.06.020 and 15.06.030, then nothing in this Section shall prevent the City from entering into a reimbursement agreement with that developer, subject to the availability of funds. 15.06.050 Fee Reduction. A. Application for Fee Reduction 1. Any developer whose development is subject to the public facilities development impact fee required by this Chapter may apply to the Director of Community Development for a reduction in that fee based upon the demonstrable absence of a reasonable relationship between the impact of that development on the City's public facilities and either the amount of public facilities development impact fee charged, or the type of public facilities improvements to be constructed and purchased. The application shall be made in writing and filed with the Director of Community Development no later than ninety days after approval of the development. If no application for discretionary review is required for the development, then the application shall be made in writing and filed within ninety days after the City issues a building permit for the development. The application shall state in detail the factual basis for the request for reduction. Failure to file a timely application for reduction deprives the Director of jurisdiction to consider the application. The Director shall make a decision on the application for reduction within thirty calendar days after the application has been filed. Notice of the Director's decision shall be mailed to the applicant, postage paid. 2. Any developer whose development is subject to the public facilities development impact fee required by this Chapter, including a developer who, in connection with the development, has constructed or financed regional or regionally significant public facilities substantially similar to those facilities that are listed or otherwise identified in the City's Capital Improvement Plan, either through participation in a special district (e.g., a community facilities 0rd~/97-09 3 district or a special assessment district) or as a result of conditions of approval for the development, may apply to the Director of Community Development for a reduction in that fee. The application shall be made in writing and filed with the Director of Community Development no later than ninety days after the effective date of this Section, or ninety days after the City issues a building permit for the development, whichever is later. The application shall state in detail the factual basis for the request for reduction. The City shall consider entering into an agreement, or modifying an existing agreement, with any developer applying for a reduction pursuant to this paragraph. B. Appeal from Director's Decision 1. Any decision of the Director of Community Development under Section 15.060.050.A may be appealed to the Planning Commission by filing an application for appeal with the Director of Community Development. The application must be filed within fifteen calendar days after notice of the Director's decision has been mailed to the applicant; provided, however, that if the fifteen days expire on a day when Temecula City Hall is not open for business, then the appeal period shall be extended to the next business day. 2. Failure to file a timely appeal application deprives the Planning Commission of jurisdiction to hear the appeal. 3. The Planning Commission shall consider the appeal at a public hearing to be held within forty-five calendar days after the appeal application is filed. C. Appeal from Commission's Decision 1. The decision of the Planning Commission pursuant to Section 15.06.050.B may be appealed to the City Council by filing an application for appeal with the City Clerk. The application must be filed within fifteen calendar days after the Commission has made a final decision on the appeal; provided, however, that if the fifteen days expire on a day when Temecula City Hall is not open for business, then the appeal period shall be extended to the next business day. 2. Failure to file a timely appeal application deprives the City Council of jurisdiction to hear the appeal. 3. The City Council shall consider the appeal at a public heating to be held within forty-five calendar days after the appeal application is filed. The decision of the City Council shall be final. Ords/97-09 4 D. lnvalidation of Fee Reduction If a reduction is granted pursuant to this Section, any subsequent change in the design of the subject development which may impact its potential use, or any increase in the square footage of the development, shall invalidate the reduction. E. Processing of Protests The procedure set forth in this Section shall implement Government Code Section 66020, or its successor, and shall serve as the City's method for processing protests filed pursuant to that section. Prior to the effective date of the approval of the development, or, if no discretionary approval is required, prior to the issuance of a building permit, a developer that is subject to this Chapter shall sign a statement acknowledging the imposition of a public facilities development impact fee upon that developer's development. Such acknowledgment shall not be deemed a waiver of the developer's right to protest the imposition and to request a fee adjustment pursuant to this Section. 15.06.060 Use of Funds. All public facilities development impact fees paid and collected pursuant to this Chapter shall be placed in one or more funds and used solely for the purpose of constructing, expanding, or rehabilitating the public facilities specified in the resolution establishing the fee and described in the City's Capital Improvement Plan. 15.06.070 Calculation of Fees. A developer subject to the public facilities development impact fee required by Sections 15.06.020 and 15.06.030 shall pay the amount of the fee in effect at the time that the fee becomes due. Furthermore, any fee imposed on a development which is protected by vested rights acquired through a vesting tentative subdivision map shall pay the amount of the fee in effect at the time the rights became vested plus any adjustment for inflation made between that date and the date the fee becomes due." Section 2. Developments for which a development entitlement application was deemed complete prior to the introduction of this Ordinance shall be exempt from the requirements of this Ordinance; provided, however, that this exemption shall not override any condition of approval for a project which specifically requires payment of fees for the purposes of mitigating impacts on public facilities. Section 3. Ordinance 659 of the County of Riverside establishing a Development Mitigation Fee for residential development as adopted by reference by the City of Temecula shall Ords/97-09 5 not apply to any development subject to the public facilities development impact fee required by this Ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 5. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause same to be published as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 13th day of May, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC/AAE City Clerk [SEAL] Ord~/97-09 6 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 97-09 was introduced and placed upon its first reading at a special meeting of the City Council on the 8th day of May, 1997 and was duly adopted at a regular meeting of the City Council of the City of Temecula on the 13th day of May, 1997, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 1 COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None June S. Greek, CMC/AAE City Clerk 0rd~/97-09 7 Joint Meeting of the City Council, RDA & Old Town Westside Community Facilities District Financing Authority ITEM 1 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, Executive Directo~(~~~ May 27, 1997 Financings for Old Town Area Public Improvements and the Western Bypass Corridor RECOMMENDATION: That the City Council adopt the resolutions described below: 1. Adopt a resolution entitled: RESOLUTION NO. 97- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TERMINATING THE OLD TOWN/VVESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AND THE OLD TOWN/WESTSIDE IMPROVEMENT AUTHORITY" 2. Adopt a resolution entitled: RESOLUTION NO. 97- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 96-55 TO ALLOW FOR IMMEDIATE ABANDONMENT OF ASSESSMENT PROCEEDINGS" BACKGROUND: The City and the Redevelopment Agency have entered into a joint exercise of powers agreement creating the Old Town/Westside Community Facilities District Financing Authority and a joint exercise of powers agreement creating the Old Town/Westside Improvement Authority (collectively, the "Authorities"), in order to accommodate a proposed financing structure for public improvements in the Old Town area of the City and for the Western Bypass. The public financing for the improvements has been abandoned, and the Authorities are no longer necessary. r:\bradicy\agenda\otcfdcc.re~ ~ The Authorities have not, to date, issued or incurred any debt. City Staff now recommends that the City Council move to terminate the Authorities, subject to adoption by the Redevelopment Agency of a resolution also terminating the Authorities, in order to avoid the incurrence of any future administrative costs in respect of the Authorities. If ever needed in the future, one or both of the Authorities can be reestablished by execution of a new joint exercise of powers agreement or agreements by the City and the Agency when such a need arises. The City conducted proceedings to form an assessment district to finance the first phase of the Western Bypass Corridor, and on April 23, 1996 adopted a resolution of abandonment of those proceedings subject to the issuance of CFD bonds to finance such improvements. The CFD is now being abandoned, and the City Staff recommends that the assessment district proceedings now be abandoned, and the contingency of the issuance of bonds by the Authority for the CFD be eliminated as a condition to the abandonment. Attachment: Resolutions (2) r:\br~lley\~gen&\o~cf&c.re~ 2 RESOLUTION NO. RDA 97- 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TERMINATING THE OLD TOWN/WESTSlDE IMPROVEMENT AUTHORITY AND THE OLD TOWN/VVESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY" WHEREAS, the City of Temecula (the "City") and the Redevelopment Agency of the City of Temecula (the "Agency") are parties to the Old Town/Westside Improvement Authority Joint Exercise of Powers Agreement (the "Improvement Authority Agreement") creating the Old Town/Westside Improvement Authority (the "Improvement Authority"), and the Old Town/Westside Community Facilities District Financing Authority Joint Exercise of Powers Agreement (together with the Improvement Authority Agreement, the "Agreements") creating the Old Town/Westside Community Facilities District Financing Authority (together with the Improvement Authority, the "Authorities"); and WHEREAS, the financing for which the Authorities were created has now been abandoned, and the Authorities have not issued any Bonds (as defined in the Agreements), and the City Council now desires to terminate the Agreements and the Authorities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: 1. Termination of Agreements and Authorities. The Agreements and Authorities are terminated, subject to adoption by the Agency of a resolution also terminating the Agreements and Authorities. 2. Official Actions. The Mayor, City Manager, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the termination of the Agreements and the Authorities, including but not limited to the execution and delivery of any and all certificates or instruments which they, or any of them, deem necessary or desirable and not inconsistent with the purposes of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, at a regular meeting held on the 27th day of May 1997. Patricia H. Birdsall Mayor ATTEST: [Seal] June S. Greek, CMC City Clerk/Agency Secretary r:\bradley\~gc~da\otcfdcc.re~ ~ 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. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 27th day of May 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS June S. Greek, CMC City Clerk/Agency Secretary RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 96-55 TO ALLOW FOR IMMEDIATE ABANDONMENT OF ASSESSMENT PROCEEDINGS CITY OF TEMECULA Western Bypass Corridor Assessment District No. 95-1 WHEREAS, on April 23, 1966 this City Council adopted Resolution No. 96-55 entitled "A Resolution of the City Council of the City of Temecula of Abandonment of Special Assessment Proceedings" (the "Resolution of Abandonment"), which set forth the determination of the City Council to abandon the proceedings for the City's Western Bypass Corridor Assessment District No. 95-1 (the "Assessment District") contingent upon the issuance of the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (the "Assessment District") contingent upon the issuance of the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) 1996 Special Tax Bonds (the "CFD Bonds"); and WHEREAS, due to circumstances beyond the control of the City, it now appears that the CFD Bonds will never be issued, and the City Council now desires to amend the Resolution of Abandonment to remove the contingency of the issuance of the CFD Bonds to the abandonment of the Assessment District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: 1. The Resolution of Abandonment is hereby amended to delete therefrom all references to the CFD Bonds, with the purpose and effect that the proceedings for the Assessment District now be finally and completely abandoned, and that no further action be taken with respect to such proceedings by this City Council including, but not limited to, the imposition and collection of any special assessments in the Assessment District. 2. The City Clerk is hereby directed to cause to be recorded in the office of the Riverside County Recorder a certified copy of the Resolution of Abandonment, in the manner described in Section 4 of the Resolution of Abandonment. Council. This Resolution shall take effect upon the date of its adoption by this City r:\bradley\agenda\olcfdcc.res ~ PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 27th day of May 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, CMC City Clerk [SEAL] r:\bradley~g~dn\otlcfdcc,r~s 6 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. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 27th day of May 1997, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS June S. Greek, CMC City Clerk/Agency Secretary r:\bradley\agcnda\o~cfdcc.res 7 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Redevelopment Agency Members Ronald E. Bradley, Executive Director~L~-~/~ May 27, 1997 Financings for Old Town Area Public Improvements and the Western Bypass Corridor RECOMMENDATION: That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. 97- "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TERMINATING THE OLD TOWN/WESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AND THE OLD TOWN/WESTSlDE IMPROVEMENT AUTHORITY" BACKGROUND: The City and the Redevelopment Agency have entered into a joint exercise of powers agreement creating the Old Town/Westside Community Facilities District Financing Authority and a joint exercise of powers agreement creating the Old Town/Westside Improvement Authority (collectively, the "Authorities"), in order to accommodate a proposed financing structure for public improvements in the Old Town area of the City and for the Western Bypass. The public financing for the improvements has been abandoned, and the Authorities are no longer necessary. The Authorities have not, to date, issued or incurred any debt. Agency Staff now recommends that the Agency move to terminate the Authorities, subject to adoption by the City Council of a resolution also terminating the Authorities, in order to avoid the incurrence of any future administrative costs in respect of the Authorities. If ever needed in the future, one or both of the Authorities can be reestablished by execution of a new joint exercise of powers agreement or agreements by the City and the Agency when such a need arises. Attachment: Resolution r:\bradley\agenda\otc fdrda.res [ RESOLUTION NO. RDA 97- 'A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA TERMINATING THE OLD TOWN/VVESTSlDE IMPROVEMENT AUTHORITY AND THE OLD TOWN/VVESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY" WHEREAS, the City of Temecula (the "City") and the Redevelopment Agency of the City of Temecula (the "Agency") are parties to the Old Town/Westside Improvement Authority Joint Exercise of Powers Agreement (the "Improvement Authority Agreement") creating the Old Town/Westside Improvement Authority (the "Improvement Authority"), and the Old Town/Westside Community Facilities District Financing Authority Joint Exercise of Powers Agreement (together with the Improvement Authority Agreement, the "Agreements") creating the Old Town/Westside Community Facilities District Financing Authority (together with the Improvement Authority, the "Authorities"); and WHEREAS, the financing for which the Authorities were created has now been abandoned, and the Authorities have not issued any Bonds (as defined in the Agreements), and the Governing Board of the Agency now desires to terminate the Agreements and the Authorities. NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Redevelopment Agency of the City of Temecula as follows: 1. Termination of Agreements and Authorities. The Agreements and Authorities are terminated, subject to adoption by the City Council of the City of a resolution also terminating the Agreements and Authorities. 2. Official Actions. The Chairperson, Executive Director, Secretary and all other officers of the Agency are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the termination of the Agreements and the Authorities, including but not limited to the execution and delivery of any and all certificates or instruments which they, or any of them, deem necessary or desirable and not inconsistent with the purposes of this Resolution. PASSED, APPROVED AND ADOPTED, by the Governing Board of the Redevelopment Agency of the City of Temecula, at a regular meeting held on the 27th day of May 1997. Steven J. Ford Chairperson ATTEST: [Seal] June S. Greek, CMC City Clerk/Agency Secretary r:\bradley\~genda\o~fdrda.r~s 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. RDA 97- was duly adopted at a regular meeting of the Governing Board of the Redevelopment Agency of the City of Temecula on the 27th day of May 1997, by the following roll call vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS ABSENT: AGENCY MEMBERS ABSTAINED: AGENCY MEMBERS June S. Greek, CMC City Clerk/Agency Secretary APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA OLD TOWN/VVESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AGENDA REPORT Authority Board of Directors Ronald E. Bradley, Executive Director May 27, 1997 Financings for Old Town Area Public Improvements and the Western Bypass Corridor RECOMMENDATION: That the Board of Directors hear the second reading and adopt the ordinance described below: ORDINANCE NO. FA 97- "AN ORDINANCE OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DISSOLVING THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (OLD TOWN AREA PUBLIC IMPROVEMENTS)' BACKGROUND: The Authority was created pursuant to a joint exercise of powers agreement between the City and the Redevelopment Agency to assist in the financing of public improvements in the Old Town area of the City and of the Western Bypass. Due to circumstances beyond the control of the Authority, no public financing is contemplated at this time to finance any such improvements. In order to remove any cloud on the title to any property within the boundaries of the Authority's previously established CFD No. 1, Staff recommends the Authority have the second reading and adopt an ordinance dissolving CFD No. 1. The first reading of the ordinance was heard by the Authority on May 13, 1997. Attachment: Ordinance ORDINANCE NO. FA 97-01 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY DISSOLVING THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) WHEREAS, on April 23, 1997, the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (The "Authority") adopted Resolution No. FA 96-04 forming the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the "District"), and on July 9, 1996, the Authority adopted Resolution No. FA 96-10 annexing territory to the District; and WHEREAS, the District was created at the request of certain landowners and developers to finance public improvements in the Old Town area of the City of Temecula and a portion of the Costs of the Western Bypass, and, based upon a failure to transfer title to most of the land in the District to the developer, it now appears that the financing will not occur as previously anticipated; and WItEREAS, in order to remove any cloud or title to the land in the District, the Authority now desires to dissolve the District as provided herein. NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1. The Board of Directors of the Authority, as the legislative body for the District, hereby determines that: (a) the District is not obligated to pay any outstanding debt; and (b) the District has no authorization to levy any special tax. 2. The District and all associated liens, if any, are hereby dissolved. 3. The Secretary of the Authority is hereby authorized and directed to record an addendum to the Notice of Special Tax Lien for the District (including the area annexed thereto by Annexation No. 1) in the form attached hereto as Exhibit A and otherwise as required by Section 3114.5 of the California Streets and Highways Code, which shall contain the statements required by Section 53338.5 of the California Government Code. 4. The Chairperson shall sign this Ordinance and the Secretary shall cause the same to be published and circulated in the area of the District. Orals.f a\97-01 I 5. This Ordinance shall take effect 30 days from the date of final passage. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority at a regular meeting held on the 27th day of May, 1997. Patricia H. Birdsall, Chairperson ATrEST: June S. Greek, CMC/AAE Authority Secretary/City Clerk [SEAL] Ords.fa\97-01 2 STATE OF CALIFORNIA ) COUNTY OR RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. FA 97-01 was duly introduced at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 13th day of May, 1997, and was duly adopted at a regular meeting of said Board of Directors on the 27th of May, 1997, by the following roll call vote: AYES: 4 BOARD MEMBERS: Ford, Lindemans, Roberts, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAINED: 1 BOARD MEMBERS: Stone June S. Greek, CMC/AAE Authority Secretary/City Clerk Ords.fa\97-01 3 EXHIBIT A RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: Secretary Old Town/Westside Community Facilities District Financing Authority c/o City Clerk, City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 ADDENDUM TO NOTICE OF SPECIAL TAX LIEN OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) AND OLD TOWN/WESTSlDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMENTS) ANNEXATION NO. I Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended, Section 53311, et. seq., of the California Government Code (the "Act"), the undersigned Secretary of the Old Town/Westside Community Facilities District Financing Authority (the "Authority"), County of Riverside, State of California, hereby gives notice that on May 27, 1997, the legislative body for the Old Town/Westside Community Facilities District No. I (Old Town Area Public Improvements) (the "District") adopted an ordinance (the "Ordinance") making the determinations described in Section 53338.5 of the Act. Pursuant to the Ordinance, the District and all associated liens, if any, have been dissolved. This Addendum modifies that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Riverside, State of California on May 17, 1996 at the hour of 8:00 a.m. as Document No. 182619 and that certain Amended Notice of Special Tax Lien for Annexation No. I heretofore recorded in the Office of the County Recorder of the County of Riverside, State of California on August 14, 1996 at the hour of 8:00 a.m. as Document No. 306482. The assessor's tax parcel numbers of all parcels or any portion thereof which were included in the District are as shown in Exhibit C to the aforementioned Notice of Special Tax Lien and in Exhibit A to the aforementioned Amended Notice of Special Tax Lien. For further information concerning the dissolution of the District, interested persons should contact the Treasurer of the Old Town/Westside Community Facilities District Financing Authority, P.O. Box 9033, Temecula, California 92589-9033, telephone number (909) 694- 6444. Dated: , 1997 By: Secretary Old Town/Westside Community Facilities District Financing Authority TEMECULA CO'MMUNITY SERVICES DISTRICT ITEM 1 A regular meeting of the Temecula Community Services District was called to order at 8:33 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Jeffrey E. Stone presiding. 4 r:\minutes.csd\O51397 5 DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, General Counsel Peter Thorson and Deputy City Clerk Susan Jones. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Lindemans, seconded by Director Ford, to approve Consent Calendar Items 1-4. 1 Minutes 1.1 Approve the minutes of April 22, 1997. 2 Authorization to Release a Formal Bid for the ADA Improvement Project 2.1 Authorize the release of a formal public bid for the Americans with Disabilities Act (ADA) Improvement Project. 3 Release and Reduction of Landscape Bonds - The Presley Companies (Highway 79 South at Redhawk Parkway 3.1 Authorize the release of the Landscape Improvement Bonds for Tract Nos. 23267-2 and 23267-3 - The Presley Companies. 3.2 Authorize the reduction of the Landscape Improvement Bonds for Tract No. 26861 - The Presley Companies. 3.3 Direct the Secretary/City Clerk to notify the Developer and the Surety. Award of Contract - TCSD Tree Trimming Services 4.1 Award contract of $18,199 to Laan's Tree Service to provide tree trimming services for TCSD slope maintenance areas within the Mirada and Villages -1- MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD MAY 13, 1997 ROLL CALL PRESENT: ABSENT: tracts. 4.2 Approve appropriation of $9,190 to the service Level "C" Repair and Maintenance - Facilities Account No. 193-180-999-5212. The motion was unanimously carried. PUBLIC HEARINGS 5 TCSD Proposed Rates and Charges for Fiscal Year 1997-1998 It was moved by Director Birdsall, seconded by Director Ford to receive and file the affidavits of publication and mailing. Director of Community Services Shawn Nelson presented the staff report. Director Stone stated he would abstain from voting on Service Level R as his home is located on John Warner Road. President Stone opened the public hearing at 8:43 PM and hearing no requests to speak, closed it at 8:43 PM. It was moved by Director Birdsall, seconded by Director Lindemans to approve staff's recommendation. 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 97-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR RESIDENTIAL STREET LIGHTING, SLOPE MAINTENANCE, RECYCLING AND REFUSE COLLECTION, AND STREET AND ROAD IMPROVEMENTS FOR FISCAL YEAR 1997-1998. The motion was unanimously carried with President Stone abstaining on Service Level R - Street and Road Improvements. Proposed Landscape Maintenance Fee for Rancho Highlands - Election and Ballot Procedure It was moved by Director Lindemans and seconded by Director Ford to receive and file the affidavits of publication and mailing. The motion was unanimously carried. Director of Community Services Shawn Nelson presented the staff report. President Stone opened the public hearing at 8:47 PM and hearing no requests to speak, closed the public hearing at 8:48 PM. It was moved by Director Lindemarts, seconded by Director Ford to approve staff's r:\minutes.csd\051397 -2- recommendations as follows: 6.1 Adopt a resolution entitled: RESOLUTION NO. CSD 97-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ORDERING, CALLING AND GIVING NOTICE OF AN ELECTION TO BE HELD ON JUNE 30, 1997 FOR PROPERTY OWNERS WITHIN THE RANCHO HIGHLANDS DEVELOPMENT TO APPROVE AN INCREASE IN SERVICE LEVEL C RATES AND CHARGES FOR FISCAL YEAR 1997-98 PURSUANT TO ARTICLE XIIID, SECTION 6 OF THE CALIFORNIA CONSTITUTION. 6.2 Approve the Election Notice, Ballot, and Procedures for the Completion, Return and Tabulation of the Ballots. 6.3 Authorize staff to mail the ballots to the affected property owners pursuant to the aforementioned process. The motion was unanimously carried. DISTRICT BUSINESS 7 Al~peal of 1996-97 TCSD Rates and Charges. Temecula Creek Inn Golf Course President Stone announced the appellant requested the item be continued to the meeting of May 27, 1997. It was moved by Director Ford, seconded by Director Roberts to continue the item to the meeting of May 27, 1997. The motion was unanimously carried. DIRECTOR OF COMMUNITY SERVICES REPORT Mr. Nelson reported escrow on the Winchester Creek park property closed May 6, 1997, and bids should go out July of 1997. GENERAL MANAGER'S REPORT Mr. Bradley announced he was pleased that Community Service fees did not have to be increased for the up-coming fiscal year. BOARD OF DIRECTORS' REPORTS President Stone thanked Shawn Nelson and staff for opening the Maintenance Yard and facility today. ADJOURNMENT It was moved by Director Ford, seconded by Director Roberts to adjourn at 8:49 PM to a r:\minutes.csd\051397 -3- meeting on May 27, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. Jeffrey E. Stone, President ATTEST: June S. Greek, CMC, City Clerk/ District Secretary r:\minutes.csd~051397 -4- ITEM 2 APPROVAL ATTORNEY DIR. TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: General Manager/Board of Directors Genie Roberts, Director of Finance May 27, 1997 Financial Statements for the Nine Months Ended March 31, 1997 PREPARED BY: Tim McDermott, Assistant Finance Director Steve Oakley, Accountant RECOMMENDATIONS: That the Board of Directors: 1. Receive and file the Combining Balance Sheet as of March 31, 1997 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1997. 2. Approve an appropriation of $304,914 for an operating transfer from the Capital Project Fund to the City's Development Impact Fee Fund. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the year ended March 31, 1997. Please see the attached financial statements for the analytical review of financial activity. The construction of the Community Recreation Center was completed in early 1994. This project was funded primarily by the issuance of Certificates of Participation ("COPS"), as well as by Development Impact Fees. Because debt was issued to fund the project, a separate fund was established to record the construction of the project, and Development Impact Fees were transferred into this fund. Upon completion of the project, there was a remaining balance of Development Impact Fees in this fund. The appropriation that is requested will allow for the transfer of this remaining balance back to the Development Impact Fee Fund, as these funds are required for other capital improvement projects. FISCAL IMPACT: No net fiscal impact. The requested appropriation will result in the transfer of $304,914 from the Capital Project Fund to the City's Development Impact Fee Fund. ATTACHMENTS: Combining Balance Sheet as of March 31, 1997 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1997 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of March 31, 1997 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31, 1997 Prepared by the Finance Department Temecula Community Services District Combining Balance Sheet As of March 31, 1997 Assets and other debits: Cash and investments Receivables Due from other funds Total assets Park & Rec 515,470 151,778 37,112 704,360 Service Level A Service Level B 6,146 245 6,391 Service Level C 257,173 3,453 260,626 Liabilities and fund balances: Due to other funds Other current liabilities 133,064 133,064 37,112 18,397 55,509 Fund balances: Reserved 212,702 3,649 Designated 358,594 Undesignated (59,158) Total fund balances 571,296 (55,509) Total liabilities and fund balances $ 704,360 18,658 18,658 (12,267) (12,267) 6,391 $ 49,876 49,876 70,405 140,345 210,750 260,626 Please note that these balances are unaudited, Temecula Community Service Combining Balance Sheet As of March 31, 1997 Assets and other debits: Cash and investments Receivables Due l~om other funds Total assets Service Level D Selwice Level R CIP 206,356 $ 2,696$ 301,059 2,797 47 3,855 $ 209,153 $ 2,743 $ 304,914 Debt Service $ 680,590 $ $ 680,590 $ Total 1,969,490 162,175 37,112 2,168,777 Liabilities and fund balances: Due to other funds Other current liabilities Fund balances: Reserved Designated Undesignated 2,126 2,126 207,027 $ 2,743 $ 304,914 $ 502,690 177,900 $ 37,112 222,121 259,233 789,446 1,191,523 (71,425) Total fund balances 207,027 2,743 304,914 680,590 1,909,544 $ 680,590 $ 2,168,777 Total liabilities and fund balances $ 209,153 $ 304,914 $ 2,743 Please note that these balances are unaudited. Temecula Community Services District Parks and Recreation Statement of Revenues, Expenditures and Changes m Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1997 Revenues: Annual Amended YTD Total Budget Activity Encumbr. Activity Citywide assessments TCSD admin fee creditY"REST" Recreation programs Investment interest Operating transfer in Miscellaneous 2,717,562 299,524 365,425 20,000 12,500 24,617 $ 1,136,689 $ 1,136,689 259,024 259,024 313,081 313,081 26,798 26,798 Percent of Budget 42% (1) 86% 86% 134% 14,517 14,517 59% TotalRevenues 3,439,628 1,750,109 1,750,109 51% Expenditures Citywide parks and recreation Seniors Community Recreation Center (CRC) Recreation programs Temeeula Community Center 2,654,025 2,033,885 $ 147,964 2,181,849 82% 90,918 47,019 4,860 51,879 57% (2) 252,741 149,429 13,754 163,183 65% 408,959 210,940 40,502 251,442 61% 130,524 56,546 5,622 62,168 48%(3) Total Expenditures 3,537,167 2,497,819 212,702 2,710,521 (97,539) (747,710) Revenues Over/(Under) Expenditures 1,319,006 1,319,006 Beginning Fund Balance, July 1, 1996 Ending Fund Balance, March 31, 1997 $ 1,221,467 $ 571,296 77% NOTES: (1) Assessments are received from the County primarily in January and May of each fiscal year. (2) The variance is primarily due to lower than anticipated personnel costs~ (3) The facility was not acquired until September 1996, therefore the facility has only had six months of expenditures~ Temecula Community Services District Service Level A Arterial Street Lights and Median Maintenance Statement of Revenues, Expenditures and Changes in Fund Bahnee - Budget and Actual For the Nine Months Ended March 3 l, 1997 Annual Amended YTD Budget Activity Revenues: Assessments $ 204,092 $ 85,251 Investment interest 1,800 Miscellaneous 1,803 5,480 Total Revenues 207,695 90,731 Expenditures: Salaries and wages 2,695 2,022 Street lighting 165,000 130,799 Landscape maintenance 28,000 22,728 $ Other operating expenditures 12,000 7,306 Total Expenditures 207,695 162,855 Revenues Over/CLInder) Expenditures (72,124) Beginning Fund Balance, July 1, 1996 16,615 16,615 Ending Fund Balance, March 31, 1997 $ 16,615 $ (55,509) Encumbr. 3,649 3,649 Total Activity Percent of Budget $ 85,251 42% (1) 5,480 304% 90,731 44% 2,022 130,799 26,377 7,306 166,504 75% 79% 94% 61% 80% NOTE: (1) Assessments are received fxom the County primarily in January and May of each fiscal year. 6 Temecula Community Services District Service Level B Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Bahnee - Budget and Actual For the Nine Months Ended March 3 l, 1997 Annual Amended YTD Budget Activity Revenues: Assessments $ 252,948 $ 127,236 Investment interest 2,500 860 Miscellaneous 13,000 15,334 Total Revenues 268,448 143,430 Expenditures: Salaries and wages 6,923 5,169 Street lighting 266,800 227,926 Miscellaneous 4,615 2,038 Total Expenditures 278,338 235,133 Revenues Over/(Under) Expenditures (9,890) (91,703) Beginning Fund Balance, July 1, 1996 79,436 79,436 Ending Fund Balance, March 31, 1997 $ 69,546 $ (12,267) Eneumbr. Total Activity 127,236 860 15,334 143,430 5,169 227,926 2,038 235,133 Percent of Budget 50% (1) 34% 118% 53% 75% 85% 44% 84% NOTE: (1) Assessments are received from the County primarily in January and May of each fiscal year. Temecula Community Services District Service Level C Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1997 Annual Amended YTD Budget Activity Revenues: Assessments $ 508,482 $ Investment interest 8,000 Miscellaneous 5,000 Total Revenues 521,482 Expenditures: Salaries and wages 114,979 Landscape maintenance 272,972 Utilities 103,575 Other expenditures 62,053 Total Expenditures 553,579 Revenues Over/(Under) Expenditures (32,097) Beginning Fund Balance, July 1, 1996 317,262 Ending Fund Balance, March 31, 1997 $ 285,165 $ 255,969 9,946 5,549 271,464 85,314 193,687 $ 82,676 16,299 377,976 (106,512) 317,262 210,750 69,248 1,157 70,405 Total Actihty $ 255,969 9,946 5,549 271,464 85,314 262,935 82,676 17,456 448,381 Percent of Budg~ 50% (1) 124% 111% 52% 74% 96% (2) 80% 28% 81% NOTES: (1) Assessments are received from the County primarily in January and May of each fiscal year. (2) The variance is due to outstanding encumbrances for landscape maintenance contracts through June 30. 8 Temecula Community Services District Service Level D Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1997 Annual Amended YTD Budget Activity Revenue s: Assessments $ 1,826,717 $ 918,770 "REST" 17,310 17,310 AB 939 2,000 9,191 Investment interest 8,000 7,244 Miscellaneous 684 Total Revenues 1,854,027 953,199 Expenditures: Salaries and wages 44,775 33,115 Refuse hauling 1,826,717 873,530 Other expenditures 8,095 4,847 Total Expenditures 1,879,587 911,492 Revenues Over/Cclnder) Expenditures (25,560) 41,707 Beginning Fund Balance, July 1, 1996 165,320 165,320 Ending Fund Balance, March 31, 1997 $ 139,760 $ 207,027 Encumbr. Total Activity 918,770 17,310 9,191 7,244 684 952,515 33,115 873,530 4,847 911,492 Percent of Budget 5O% 100% 460% 91% 51% 74% 48% 60% 48% (1) (2) NOTES: (1) Assessments are received from the County primarily in January and May of each fiscal year. (2) Refuse hauling payments are made in December and June of each fiscal year. Temecula Community Services District Service Level R Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1997 Annual Amended YTD Budget Activity Revenues: Assessments $ 19,276 $ 8,778 Investment interest 133 Total Revenues 19,276 8,911 Expenditures: Emergency street maintenance 19,201 9,765 Other expenditures 75 53 Total Expenditures 19,276 9,818 Revenues Over/(Under) Expenditures (907) Beginning Fund Balance, July 1, 1996 3,650 3,650 Ending Fund Balance, March 31, 1997 $ 3,650 $ 2,743 Encumbr. Note: (1) Assessments are received from the County primarily in January and May of each fiscal year. Total Activity $ 8,778 133 8,911 9,765 53 9,818 Percent of Budget 46% 51% 71% 51% (1) 10 Temecula Commumty Services District Capital Project Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1997 Revenues: Investment interest Annual Amended YTD Budget Activity $ 12,081 Encumbr. Total Activity $ 12,081 Percent of Budget Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1996 Ending Fund Balance, March 31, 1997 12,081 292,833 292,833 292,833 $ 304,914 11 Temecula Community Services District Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Nine Months Ended March 31, 1997 Annual Amended Total Budget Activity Revenues: Operating transfers in $ 501,600 $ 466,501 Investment interest 34,000 26,607 Miscellaneous 818 Total Revenues 535,600 493,926 Expenditures: Debt service - principal 170,000 170,000 Debt service - interest 325,600 164,968 Trustee admin fees 6,000 2,217 Total Expenditures 501,600 337,185 Revenues Over/(Under) Expenditures 34,000 156,741 Beginning Fund Balance, July 1, 1996 523,849 523,849 Ending Fund Balance, March 31, 1997 $ 557,849 $ 680,590 Percent of Budget 93% 78% 92% 100% 51% 37% 67% (1) (1) NOTE: (1) Debt service payments are made m October and April of each fiscal year, 12/FINAL ITEM 3 APPROVAL CITY ATTORNEY DIR. OF FINA~C~E C I TY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Board of Directors Ronald E. Bradley, General Manager May 27, 1997 Appeal of 1996-97 TCSD Rates and Charges: Temecula Creek Inn Golf Course RECOMMENDATION: That the Board adopt a resolution entitled: RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DENYING THE APPEAL BY REGENCY PROPERTIES OF FISCAL YEAR 1996-97 RATES AND CHARGES LEVIED AGAINST THE TEMECULA CREEK INN BACKGROUND: On June 11, 1996, the Board adopted rates and charges for community services, parks and recreation, street lighting, slope maintenance, recycling and refuse collection services and street and road improvements for fiscal year 1996-1997. Different amounts were charged for different service levels within the District. The amount levied for the community services, parks and recreation service level was $69.24 per Equivalent Dwelling Unit (EDU). The amount levied for arterial street lighting and medians (Service Level A) was $5.20 per EDU. Each parcel within the District was assigned a number of EDU's based on the use of the property. Five categories of land uses were established: single-family residential (which was assigned 1 EDU per dwelling unit), multi-family residential (0.75 EDU per dwelling unit), single-family vacant (2 EDU's per acre), non-residential vacant (4 EDU's per acre), and non- residential improved (6 EDU's per acre). Under this methodology, the Temecula Creek Inn was to be assigned 6 EDU's per acre, based on the fact that it is non-residential improved property. Because Staff recognized that 970504 11086-00007 syc 1101766 golf courses provide recreational benefits that are available to the public, it was determined that they be levied a rate of 2 EDU's per acre, one-third of the rate levied against other improved non-residential properties (see May 20, 1996 letter from Beryl Yasinosky to Paul Reed). On November 27, 1996, Mr. Paul Reed, representing the company managing the Temecula Creek Inn, filed an appeal of the rates and charges levied on the Temecula Creek Inn property for fiscal year 1996-97 (see November 27, 1996 letter from Paul Reed to Ron Bradley). This appeal was granted in part, and rejected in part, by the General Manager on April 9, 1997 (see April 9, 1997 letter from Ron Bradley to Paul Reed). The General Manager granted a reduction based on information provided by Mr. Reed and confirmed by Staff that 22.7 acres of the subject property is undevelopable due to slope and flood plain restrictions. The General Manager rejected Mr. Reed's argument that the 2 EDU per acre rate was inappropriate for the remainder of the property. On April 18, 1997, Mr. Reed appealed this decision to the Board (see April 18, 1997 letter from Paul Reed to TCSD Board). He did not appeal that portion of the General Manager's determination granting a reduction in the rates and charges. DISCUSSION: The appellant, Mr. Reed, bases his appeal on three grounds. First, he asserts that the 1996-97 TCSD charges for arterial street lighting and medians and community services, parks and recreation services constitute a special tax subject to the voter approval requirements of Article XlIIA, Section 4 of the California Constitution. In his November 27, 1996 letter, the appellant challenges the fees as being levied for "general governmental services and programs benefitting the community in general." The District's legal counsel has advised Staff that, prior to the enactment of Proposition 218, the TCSD was authorized to levy rates and charges for various District services without first obtaining voter approval. Proposition 218 provided that the TCSD could not continue to levy rates and charges for general governmental services provided by the TCSD after July 1, 1997. Proposition 218 does not affect the levy of charges against the subject property for the 1996-97 fiscal year. Second, the appellant asserts that there is no rational relationship between the charges that have been levied on the subject property and the level of benefit enjoyed by or provided to the subject property. He claims in his November 27, 1996 letter that the District "erroneously assumes that there is some relationship between the services provided by such expenditures and a parcel's land use designation and density of use." The General Manager, in his April 9, 1997 determination, explained Staff's purpose in distinguishing between residential and non-residential uses and between larger and smaller non-residential uses: "Non-residential uses are more appropriately charged on a per- acre basis than on a per-parcel basis, given the disparity in size between non-residential properties and the corresponding disparity in the number of customers and employees using those 970504 11086-00007 syc 1101766 0 - ~' - properties and using the services and facilities provided to those properties by the Temecula Community Services District." Staff continues to believe that a commercial use such as the one conducted on the subject property is a more intense use than a single-family residence, and therefore receives a greater benefit from the arterial lighting and other programs and facilities provided by the TCSD. Staff has already reduced the amount of the rates and charges against the subject property to one- third the amount of other non-residential uses of the same size, to compensate for differences between recreational uses and other non-residential uses. Third, the appellant protests the increase in the levy on the subject property from 0.5 EDU's per acre in fiscal year 1995-96 to 2 EDU's per acre in fiscal year 1996-97 without any change in the land use of the subject property and without any increase in the level of service provided to the subject property. The 0.5 EDU per acre levied against the subject property in fiscal year 1995-96 was based on the fact that the property was classified as "agricultural" for that year. As noted in its May 20, 1996 letter, staff determined in early 1996 that agricultural land uses no longer existed within the City. Therefore, the "agricultural" category was eliminated as a classification for fiscal year 1996-97. The subject property, which had previously been erroneously classified as "agricultural," was reclassified as non-residential. This change in classification constituted a correction in the rate and charge applied to the subject property, not an increase. According to the appeal procedures adopted by the Board, the Board must consider the following factors when determining whether to grant an appeal: (1) whether the property in whole or in part is used for the purpose intended for that classification, (2) whether the classification adequately reflects the service received, (3) whether the rate or charge levied on vacant property exceeds the rate or charge if the property were developed to its highest and best use, and (4) whether unique or special circumstances of that property, or land use regulations affecting it, support a modification of the classification. Based on the above discussion, Staff believes that the subject property is being used for non-residential purposes, that the classification adequately reflects the service received by the subject property, and that Staff has sufficiently reduced the rates and charges against the subject property to account for unique and special circumstances of the property. Therefore, Staff recommends that the Board deny the appeal. FISCAL IMPACT: A reduction in the amount of the 1996-97 rates and charges against the subject property from 2 EDU's per acre to 0.5 EDU's per acre, as requested by the appellant, will result in a loss of $30,744.46 to the District. Attachments: B. C. D. E. Resolution No. CSD 97- May 20, 1996 letter from Beryl Yasinosky to Paul Reed November 27, 1996 letter from Paul Reed to Ron Bradley April 9, 1997 letter from Ron Bradley to Paul Reed April 18, 1997 letter from Paul Reed to TCSD Board 970504 11086-00007 syc 1101766 0 - ~ - RESOLUTION NO. CSD 97- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DENYING THE APPEAL BY REGENCY PROPERTIES OF FISCAL YEAR 1996-97 RATES AND CHARGES LEVIED AGAINST THE TEMECULA CREEK INN THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. On June 11, 1996, the Temecula Community Services District Board of Directors (Board) adopted its Resolution No. 96-04, adopting rates and charges against properties within the District to pay for community services, parks and recreation, and arterial street lighting and medians, residential street lighting, local landscaping and slopes, citywide recycling and refuse collection, and roads for fiscal year 1996-97. Section 2. On November 27, 1996, Mr. Paul Reed filed an appeal of the rates and charges levied against the Temecula Creek Inn, known as Assessor's Parcel Nos. 922-220-002, 922-220- 004,922-220-007,922-222-008,922-230-002, 922-230-003,922-230-004, 922-230-007, and 922- 230-008 (Property) for fiscal year 1996-97, on behalf of Regency Properties, the owner of the Property. Section 3. On April 9, 1997, the General Manager of the Temecula Community Services District granted a reduction in the rates and charges levied against the Property for fiscal year 1996-97 based on information provided to Staff that 22.7 acres of the Property is undevelopable due to slope and flood plain restrictions. The General Manager rejected that portion of the appeal challenging the classification of the Property. Section 4. On April 18, 1997, the decision of the General Manager was appealed to the Board, except for that portion of the decision granting a reduction in the rates and charges. Section 5. The Board considered the appeal on May 13, 1997, at which time the owner of the Property and its representatives had an opportunity to testify on behalf of the appeal. Section 6. Based on the testimony, staff report, and other information presented to the Board, the Board hereby finds that: A. The Property, in whole or in part, is being used for a non-residential purpose, which is the purpose intended for its classification; 136csd 1 B. The Property, and its employees, clients, customers and visitors, receive arterial street lighting and median services, community services, and parks and recreation services from the Temecula Community Services District, and the Property's classification adequately reflects the service received; C. The rates and charges levied on the Property adequately reflect the rates and charges applicable to the Property if it were developed to its highest and best use; and D. There are no unique or special circumstances of the Property, or land use regulations affecting the Property, that support a further modification of the classification of the Property. Section 7. The Board hereby denies the appeal of the rates and charges levied against the Property for fiscal year 1996-97. Section 8. The Secretary of the Temecula Community Services District is hereby authorized and directed to give notice of the Board's decision in writing to the owner of the Property within 15 days after the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 27th day of May, 1997. ATTEST: Jeffrey E. Stone, President June S. Greek, CMC/AAE District Secretary/City Clerk City Clerk [SEAL] 136csd 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. CSD 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 27th day of May, 1997 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE District Secretary/City Clerk 136csd 3 City of Temecula 43174. Bu~ines~ Park Drive · Temecula, California 92590 694-.I989 · FA.X [~0~] 694-t':)99 May 20, 1996 Mr. Paul L. Reed Executive Vice President KSC _Management, Inc. 533 Coast Boulevard South La JoLla, CA 92037 Subject: Proposed Temecula Community Services District (TCSD) Rates and Charges for Golf Courses - Fiscal Year 1996-97 Dear Nk. R~d: I would like to take this opportunity to respond to your letter addressed to City Manager Ron Bradley re=~azdkng the apportionment of the TCSD Ra£~s and Charges for golf courses within the City of Temecula. The haze unit of the TCSD Rates and Charges is equal to the Equivalent Dwelling Unit (El)U) of one (I). For Fiscal Year 1996-9'7, the proposed rate per EDU for Community Services, Parks and Recreation i~ $69.24, and $5.20 per EDU for Service Level A. This factor is applied to all single family dwelling units and serves as the basis of the rate applied to the other land use desi~at/ons. The charge is applied to vacant residential property at two (2) EDU's per acre; vacant, non-residential propert7 at four (4) EDU's per acre; and improved, non-residential property az six (6) EDU's per acre. Upon incorporation of the City in 1989, the TCSD levy was prepared relative to the County's land use desig'nazions. However, the County's land use designatio .ns and ZOning or~in2.11ces were proved to be outdated and, in many cases, 'maccurate. On January 25, 1996, the City adopted its own Development Code and corresponding Zoning Map. As a result, the TCSD had tn update the levy roll for consisteric7 with the City's land use designations. l:~ursuant to the resuIts of a parcel audit, it was deterrulned that aga'iculun-al land uses no longer exist within the City limits. Therefore, those parcels that were previously identified in the TCSD levy as agricultural property were reviewed for current use and zoning. The Temecula Creek Golf Course is one of the properties previously identified as a~oa-icultural propen'y, which had been levied at the ag-ricultural rate of .5 EDU per acre. Pursuant to Section 17.14..020 of the Development Code, golf courses arc descxibed as an outdoor commercial recreational use, requiring an application for a conditional use permit in order to operate. Golf course property is improved for commercial use and is not classified as agricultural property. According to the TCSD rate applications identified above, all developed golf course facilities should be levied at six (6) EDU's per acre. While the TCSD c~nnot ignore the fact that the golf course improvements arc ur~]ized for ¢ommerc~ql purposes, the TCSD also recognizes the associated recreational benefits that are aw~ble to the public. Therefore, rather than levy the golf courses as commercial property, at six (6) EDU's per acre, the TCSD is proposing to levy the golf courses at the rate of two (2) EDU's per acre, or $138.48 per acre for Community Sevices, Parks and Recreation, and $10.40 per acre for Service Level A (arterial str~t lighting). In adctkion, the application of m,o (2) EDU's per acre for golf courses is consistera ~,'i~ the charged to the Temeku Golf Course. I hope that this information helps to clm4_fy your concerns. If you desire to file an appeal of the Rates and Charges, an appeal form must be obmiued from the TCSD and completed prior to December 2, 1996. If you have any fray_her questions, please contact me at (909) 69~64.80. Sincerely, CITY OF T~vr~,CUI,A Development Services Analyst CC: Ronald Bradley, City M~n~,ger Shawn Nelson, Director of Community Services November 27, 1996 Temecula Community Services District P.O. Box 9033 Teme~ula, California 92589-9033 Attention: Mr. Ronald Bradley, City Manager, City of Temecula Re: TCSD Rates and Charges/Temecula Creek Inn Golf Course D~r Mr. Bradley: We are writing to submit a claim under the Government Claims Act, commencing with Section 940 of the California Government Code, and, in the alternative, under Section 5097 of the Code of Revenue and Taxation, for a refund of all fees and charges paid to the Temecula Community Services District (the "TCSD" or "District") on account of the Temecula Creek Inn Golf Course (the "Property") for fiscal years 1992-93 through 1995-967 We also write to appeal the TCSD rates and charges which have been levied on the Property for fiscal year 1996-97. The TCSD has levied the following charges against the Property over the past four years: Community Parks Service Level A Fiscal Year 1992-93 8,714.02 622.00 Fiscal Year 1993-94 9,567.10 622.92 Fiscal Year 1994-95 10,092.64 625.00 Fiscal Year 1995-96 10,298.92 621.98 Regency Properties, L.P., ("Regency") has paid all such charges in a timely fashion. See Declaration of Paul L. Reed (attached hereto). 1. The Property consists of the following Assessor's Parcel Numbers: 922-220-002, 922- 220--004, 922-220-007, 922-222-008, 922-230-002, 922-230-003,922-230-004, 922-230-007, 922-230-008. KSC MANAGEMENT, INC. 533 Coast Boulevard South, La Jolla. CA 92037 (619) 454-9793 FAX (619) 459-6758 Temecuta Community Services Disttict November 27, 1996 Page 2 According to the TCSD, the charges levied against the Property fall into two categories, Community Services, Parks and Recreation, and "Service Level A", consisting of "arterial street lighting and median maintenance". Exhibit A. According to the TCSD, each property within the District is assigned an Equivalent Dwelling Unit ("EDU") factor reflecting the properry's land use and degree of benefit from the service being provided. The TCSD service charge is then calculated by multiplying the EDU factor for the property times the number of acres for the property times a charge per EDU set by the TCSD according to budgeted expenditures. Id. Prior to the 1996-97 fiscal year, the Property was assigned an EDU factor of 0.5, a factor assigned to property utilized for "agricultural" uses. Exhibit B. Although the Property has been, and continues to be, utilized as a golf course, the "agricultural" designation was appropriate among the TCSD's other land use designations. As a golf course, the Property provides a significant amount of open space and recreation for the community's benefit -- the very object served by the TCSD fee -- in contrast with developed or vacant residential or commercial property. The TCSD charge was then calculated by multiplying the EDU factor of 0.5 times the number of acres for the Property times the charge per EDU set by the TCSD according to each fiscal year's budget. Id. The TCSD has now proposed to revise the EDU factor for the Property for the 1996--97 fiscal year from 0.5 EDU to 2 EDU, effectively quadrupling the fees and charges levied against the Property, although there has been no change in the land use of the Property and no change in the level of any benefits being provided to the Property. Regency raises three objections to the TCSD charges. First, the charges constitute a tax subject to article XllI A, section 4 of the California Constitution. Article XIII A states that "cities, counties and special districts" cannot impose a tax on property without a two-thirds vote of the qualified electors of the district. The charges levied by the TCSD have all the hallmarks of a tax. See Government Code § 53721. The charges are being levied to raise revenue for parks and recreation facilities and street lighting, all general governmental services and programs benefitting the community in general. Exhibit C. The TCSD provides no direct service or special benefit to the Property, and the TCSD's expenditures have no relationship to any impact associated with the Property. If anything, the Property serves the yery purpose behind the TCSD's creation, the provision of open space and recreation facilities for the community's benefit. Although the TCSD charges constitute a tax, requiting a two-thirds vote of the qualified electors of the District, the TCSD has purported to levy charges for the fiscal year 1996- KSC MANAGEMENT, INC. 533 Coast Boulevard South. La Jolla, CA 92037 (619) 454-9793 FAX (619) 459-6758 Temecula Community Services District November 27, 1996 Page 3 97 and for past fiscal years by ordinance, and without a vote of the electorate. The charges are therefore in violation of the California Constitution,' and Regency is entitled to a full refund of the charges it has paid on account of the Property with interest. See Revenue & Taxation Code § 5150. Second, even if the TCSD could levy a charge against the Property for parks and recreation facilities and street lighting without a vote of the electorate, there is no rational relationship between the charges which have been levied against the Property and any benefit enjoyed by the Property. As noted, the TCSD calculates charges for services provided by the District by multiplying an assigned EDU factor times the acreage of the parcel (for nonresidential progerry) times the charge per EDU established by the TCSD according to each fiscal year's budget. The District's system for allocating charges for District expenditures, however, erroneously assumes that there is some relationship between the services provided by such expenditures and a parcel's land use designation and density of use. We fully support the TCSD's goal of providing parks and recreation facilities to the City of Temecula and believe the Temecula Creek Inn makes a significant contribution to that end. At the same time, we benefit no more from a new roller hockey and skateboard facility, a recent project funded with TCSD charges, than the average homeowner, yet we are being asked to fund a much greater share of the cost. F. xhibit C. For instance, for the 1996-97 fiscal year, the average homeowner pays a charge to the TCSD for such facilities based upon an EDU factor of one multiplied by the number of units on the parcel, one, times the charge per EDU, or $69.25. For the golf course, a parcel benefitting no more or less from recreation facilities than anyone else, Regency must pay its proposed EDU factor of 2, times the number of acres of the Property, or, 298.04 acres, times the charge per EDU of $69.25, for a total of $41,272.627 Indeed, it is ironic that Regency is essentially being penalized for owning property with a relatively high number of acres -- a factor given tremendous weight by the District's formula for calculating charges for parks and recreation facilities -- when the Property is being utilized as a park and recreation facility and as open space. There is simply no rational basis for insisting that the Property, itself a park and recreation facility, pay nearly 600 times the amount of the average homeowner for parks and recreation facilities of general benefit to the community. The reason for this obvious anomaly is clear: the District's EDU-based formula simply does not fit its intended purpose. The EDU- based formula may be a rational basis for allocating charges where the cost of providing a service to a parcel may be measured by the parcel's density of use, such as the need for water or sewer 2. Of course, those who do not own parcels in the District, but who benefit from the facilities and programs funded by the District just the same, pay nothing. KSC MANAGEMENT, INC. 533 Coast Boulevard South, La Jolla, CA 92037 (619) 454-9793 FAX {619) 459-6758 Temecula Community Services District November 27, 1996 Page 4 service. The larger the parcel, the more intense the use, the greater the demand on a city's, county's or special district's ability to provide such service. Here, however, the Property places no swain on the District's ability to provide parks altd recreation facilities, has created no need for such facilities and benefits no more from such facilities than the average homeowner. If anything, the Property should be exempt from any charge for parks and recreation facilities because it is such a facility, although it receives no funds from the District. Even if one assumed the Property enjoyed some benefit from parks and recreation facilities above and beyond the average homeowner, because such facilities enhance the community in general, and attract users of the golf course, the District's formula is not a measure of any such "benefit".~t The size of the Property -- a heavily weighted factor in the District's formula --has little, if anything, to do with the volume of use of the golf course, standing alone or as compared to other commercial property. A commercial bank sitting on one acre would undoubtedly enjoy ~. far greater financial benefit from the attraction of residents to the community than a golf course, yet the golf course, because it has set aside nearly 300 acres for recreation and open space, is being asked to pay one hundred times the amount of a bank for recreation facilities under the District's formula. The bottom line is that there is no rational relationship between the intangible and indirect benefit of parks and recreation facilities and the density of use or size of a parcel. The District is comparing apples to oranges. Rather, the cost of general government programs and facilities can and should be borne by the entire community in a fair and equitable manner, and not be weighted against commercial properties and developers because it is politically expedient to do SO. Finally, even if one assumes the District can utilize its EDU-based formula for calculating charges for parks and recreation facilities, there is no rational basis in the record for the District's proposal to increase the EDU factor for the Property from 0.5 EDU to 2 EDU. The TCSD's stated reason for this revision is that: (1) the TCSD no longer utilizes the County of Riverside's land use designations in its formula for calculating charges, but-now utilizes the City of Temecula's recently adopted Development Code and Zoning Map; (2) although the Property was listed as agricultural property under the District's formula, a land use designation which exists under the County of Riverside's zoning map, the City of Temecula has no such designation in its Development Code, and (3) a g01f course, such as the Property, is now being categorized as an "outdoor commercial recreational use" under Section 17.14.020 of the Development Code 'and 3. There is nothing in the administrative record to support such an assumption. KSC MANAGEMENT, INC. $33 Coast Boulevard South. La Jolla, CA 92037 (6191 454-9793 FAX (619) 459-675a Temecula Community Services District November 27, 1996 Page 5 is not classified as agricultural property." Letter of Beryl Yasinosky, City of Temecula, to Paul Reed dated May 20, 1996 0:~xhibit R). With that in mind, the District now proposes to arbitrarily levy golf courses such as the Property at 2 EDU per acre, rather than 0.5 EDU per acre, because "the TCSD cannot ignore the fact that the golf course improvements are utilized for commercial purposes." Id; see also Memo of David W. Hogan, Senior Planner, to Shawn Nelson, Community Services Director, dated September 19, 1996 (F. xhibit D). The District's explanation only begs the question. Why are parks and recreation facilities and open space, such as the golf course, now being levied at 2 EDU instead of 0.5 EDU? Whether the Property is characterized as an "agricultural" use, "open space" or a "parks and recreation" facility, the bottom line is that it has been, and continues to be, utilized as a golf course. There has been no change in the level of service or benefit provided to the Property by the District and no change in the land use of the Property which could possibly justify a fee increase. The District is simply giving the Property a new label and arbitrarily quadrupling the levy. Nor is it any answer that the Property is being utilized for a "commercial purpose." Agricultural property is utilized for a commercial purpose. The golf course has been utilized as a commercial recreation facility for years. Although a commercial facility, the District has levied the Property at 0.5 EDU because, whatever label is attached, the Property has been and continues to be utilized as open space and as a parks and recreation facility, which justifies a levy at a lower rate given the attendant benefits of such a facility? In sum, them is nothing in the record to support the Disrrict's proposal to arbitrarily increase the levy against the Property. If the District can legally levy a charge against the Property for parks and recreation facilities, and utilize its EDU-based formula for doing so, the levy should remain at 0.5 EDU given the Properry's contribution to the community's supply of parks and recreation facilities and its utilization as open space. 4. 22.7 acres of the Property cannot be developed due to slope and flood plain restrictions. See F. xhibit E. At the very minimum, this portion of the Property should be levied at the rate of 0.5 EDU because it is clearly open space. KSC MANAGEMENT, INC. 533 Coast Boulevard South. La Jolla. CA 92037 (619) 454-9793 FAX (619) 459-6758 Temecula Community Services District November 27, 1996 Page 6 We would be happy to meet with the District to discuss the issues raised by this letter and it is our intent to work with the District to resolve this matter in an amicable fashion. The District's current proposed levy, however, in addition to being unsupported by the record and inequitable, threatens to place a severe hardship and strain on the Properry's ability to continue to operate and must be addressed. Executive Vice President F. nclosures KSC MANAGEMENT, INC. 533 Coast Boulevard South. La Jolle, CA 92037 (619) 454-9793 FAX (619) 459-6758 Temecula Community Services District November 27, 1996 Page 7 bcc: Barry J. ShotCs, Esq. KSC MANAGEMENT, INC. 533 Coest Boulevard South, La Jolla, CA 92037 (619) 454-9793 FAX {619) 459-675B DF, CI,ARATION OF PAUl, l,. REED I, Paul L. Reed, declare as follows: 1. I am the Executive Vice-President of KSC Management, Inc., ("KSC") which manages various properties and facilities in the Southern California area, including the Temecula Creek Inn in Temecula, California on behalf of Regency Properties, L.P. ("Regency"), the owner by grant deed of the property and facilities. By reason of the foregoing, I have firsthand personal knowledge of the facts set forth herein, and if called as a witness, could and would testify competently thereto under oath. 2. Among other responsibilities, I have overseen the payment of charges levied by the Temecula Community Services District (the "TCSD" or "District") against the Temecula Creek Inn, including that portion of the facility utilized as a golf course. The portion of the Temecula Creek Inn utilized as a golf course has been assigned the following Assessor's Parcel Nu{nbers by the TCSD (the "Property"): 922-220-002, 922-220--004, 922-220-007, 922-222-008, 922-230-002,922-230-003,922-230-004, 922-230-007, 922-230-008. 3. Over the past four fiscal years, the TCSD has levied the following charges against the Property: Communitv Parks Service level A Fiscal Year 1992-93 8,714.02 622.00 Fiscal Year 1993-94 9,567.10 622.92 Fiscal Year 1994-95 10,092.64 625.00 Fiscal Year 1995-96 10,298.92 621.98 4. KSC has timely paid all charges levied against the Property by the TCSD for fiscal years 1992-93 through 1995-96 on behalf of Regency. 5. According to the TCSD, the charges levied against the Property fall into two categories, Community Services, Parks and Recreation, and "Service Level A", consisting of arterial street lighting and median maintenance. Each property within the District is assigned an Equivalent Dwelling Unit CEDU") factor reflecting, in the TCSD's view, the properry's land use and degree of benefit from the service being provided. The TCSD service charge is then calculated by multiplying the EDU factor for the property times the acreage of the property times a charge per EDU set by the TCSD according to budgeted expenditures. 6. The Property was assigned an EDU factor of 0.5 by the TCSD for fiscal '~" years 1992-93 through 1995-96, a factor assigned to property utilized for "agricultural" uses/' The TCSD charge was then calculated by mulfiply/ng the EDU factor of 0.5 times the number of acres- for the Property times the charge per EDU set by the TCSD according to each fiscal year's budget. 7. The TCSD has now proposed to revise the EDU factor for the Property for the 1996-97 fiscal year from 0.5 EDU to 2 EDU, effectively quadrupling the fees and charges levied against the Property, al~ough there has been no change in the land use of the Property and no change in the level of any benefits being provided to the Property. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed this 2nd day of December 1996 at San Diego, California. ~~ Paul L. Reed City of Temecula ~200 Bu~ne.~ Park Dnve · Temecula. CA 92590 · A4a,,,ng~rm=: P.© B~ 9023 · T~la. ~ 9258~9~3 April 9, 1997 Mr. Paul L. Reed, Vice President KFC Management, Inc. dba Temecula Creek Inn 533 Coast Boulevard South La Jolla, California 92037 KE~ Notice of Determination Regarding Appeal Dear Mr. Reed: I have reviewed your written appeal dated November 27, 1996 on behalf of Regency Properties, L.P., with respect to Community Services, Parks and Recreation and Service Level A rates and charges levied by the Temecula Community Services District against Assessor's Parcel Numbers 922-220- 002, 922-220-004, 922-220-007, 922-222-008, 922-230-002, 922-230-003,922-230-004, 922-230- 007 and 922-230-008 for fiscal year 1996-97. Based on the information provided in your appeal and during our meeting on lanuary I4, 1997, I have determined to partially grant your appeal and to reduce the Community Services, Parks and Recreation and Service Level A rates and charges against your property for fiscal year 1996-97 from $44,372.20 to $40,992.62. This reduction is based on the information you provided that 22.7 acres of the subject property is undevelopable due to slope and flood plan restrictions. However, I have determined that the 2.0 EDU per acre rates applied to rest of the subject property is appropriate and I will not grant your appeal on this issue. The golf course is more appropriately treated as a non-residential use than as a residential use. Non-residential uses are more appropr/ately charged on a per acre basis than on a per-parcel basis, ~ven the disparity in size between non- residential properties and the corresponding disparity in the number of customers and employees using those properties and using the services and facilities provided to those properties by the Temecula Community Services District. If you disagree with my determination, you may appeal that determination to the Board of Directors of the Temecula Community Services District (TCSD). Your appeal must be in writing, must contain the information included in your original appeal, and must be filed with the TCSD Secretary within 10 days after the date of this letter. Sincerely, CITY OF TEMECI/I~ Ronald E. Bradley t'"7'- General Manager M/ Temecula Community Services District CC:- Shawn Nelson Barry I. Shotts, Esq. Peter M. Thorson, Esq. Rubin D. Weiner, Esq. VIA FACSIMIIF f909) 694-6499 Board of Directors Temecula Community Services District P.O. Box 9033 43200 Business Park Drive Temecula, California 92590 Re: TCSD Rates and Charges Temecula Creek Inn Golf Course To the Board of Directors of the Temecula Community Services District: This letter will serve as a formal appeal of the determination of the General Manager of the Temecula Community Services District ("TCSD") denying Regency Properties', L.P. ("Regency") appeal of the TCSD rates and charges levied on the Temecula Creek Inn Golf Course (the "Property")~ for fiscal year 1996-97. The General Manager's determination was rendered in a letter dated April 9, 1997, and is attached hereto as Exhibit A. Regency's original appeal of the TCSD rates and charges, submitted to Mr. Bradley on November 27, 1996, is attached hereto as Exhibit B. Without restating the information presented in Regency's November 27, 1996 letter, the basis of Regency's current appeal of the General Manager's determination is that: (1) the TCSD charges constitute a tax subject to Article Xlll A, Section 4 of the California Constitution which has not been approved by a two-thirds vote of the qualified electors of the district; (2) there is no rational relationship between the charges which have been levied on the Property and any level of benefit enjoyed by or provided to the Property; and (3) the TCSD's decision to increase the levy on the Property from a basis of 0.5 Equivalent Dwelling Units ("EDU") to 2 EDU's is without any support or rational basis in the administrative record. In particular, there has been no change in the level of service or benefit provided to the Property, and no 1 The Property consists of the following Assessor's Parcel Numbers: 922- 220-002, 922,220-004, 922-220-007, 922-222-008, 922-230-002, 922-230-003, 922-230-004, 922-230-007, and 922-230-008. KSC MANAGEMENT, INC. 533 Coast Boulevard South, La Jolla, CA 92037 (619) 454-9793 FAX (619) 459-6758 Board of Directors Temecula Community Services District April 18, 1997 Page Two change in the land use of the Property which could possibly justify a change in the levy from 0.§ EDU to 2 EDU.2 Regency's November 27, 1996 appeal to the General Manager of the TCSD sets forth the basis for Regency's appeal in greater detail. Sincerely yours, REGENCY PROPERTIES, L.P. a California limited partnership By: KSC MANAGEMENT, INC. a California corporation Its Mana~neral Partner Pa'U-1 L. Reed Executive Vice President Enclosures Regency does not appeal that portion of the General Manger's determination that 22.7 acres of the Property is undevelopable and should not be the basis for a levy of TCSD rates and charges. KSC MANAGEMENT, INC. 533 Coast Boulevard South, La Jolla, CA 92037 (619) 454-9793 FAX (619) 459-6758 Exhibit "A" City of Temecula 43200 Bu~na~ Par~ Dnve · Temecula. CA 925~0 · Ma,t,ng,.~cr~_~: ?.O. Box 9033 · Temecula. CA 92589-9033 [909] 694~4~4 · F,~ [909~ 694-1999 April 9, 1997 Mr. Paul L. Reed, Vice President KFC Management, Inc. dba Temecula Creek Inn 533 Coast Boulevard South La Jolla, California 92037 RE5 Notice of Determination Regarding Appeal Dear Mr. Reed: I have reviewed your written appeal dated November 27, 1996 on behalf of Regency Properties, L.P., with respect to Community Services, Parks and Recreation and Service Level A rates and charges levied by the Temecula Community Services District against Assessor's Parcel Numbers 922-220- 002, 922-220-004, 922-220-007, 922-222-008, 922-230-002, 922-230-003, 922-230-004, 922-230- 007 and 922-230-008 for fiscal year 1996-97. Based on the kfformation provided in your appeal and during our meeting on Ianuary 14, 1997, I have determined to partially grant your appeal and to reduce the Community Services, Parks and Recreation and Service Level A rates and charges against your property for fiscal year 1996-97 from $44,372.20 to $40,992.62. This reduction is based on the information you provided that 22.7 acres of the subject property is undevelopable due to slope and flood plan restrictions. However, I have determined that the 2.0 EDU per acre rates applied to rest of the subject property is appropriate and I will not grant your appeal on this issue. The golf course is more appropriately treated as a non-residential use than as a residential use. Non-residential uses are more appropriately charged on a per acre basis than on a per-parcel basis, given the disparity in size between non- residential properties and the corresponding disparity in the number of customers and employees using those properties and using the services and facilities provided to those properties by the Temecula Community Services District. if'you disagree with my determination, you may appeal that determination to the Board of Directors of the Temecula Community Services District (TCSD). Your appeal must be in writing, must contain the infonmfion included in your original appeal, and must be filed with the TCSD Secretary witkin 10 days after the date of this letter. Sincerely, CITY OF TEMECULA Ronald E. Bradley General Manager Temecula Community Services District CC; ~ Shawn Nelson Barry 3. Shorts, Esq. Peter M. Thorson, Esq. Rubin D. Weiner, Esq. E~hibi~ "B" City of Temecula 4.3174. Bu$ines~ Park Dave · Temecula. California 92590 694-1989 - FAX (909) 694-1999 May 20, 1996 Mr. Paul L. Reed Executive Vice President KSC _Management, Inc. 533 Coast Boulevard South La Jolla, CA 92037 Subject: Proposed Temecula Community Services District CTCSD) Rates and Charges for Golf Courses - Fiscal Year 199607 Dear Mr. Reed: I would like to take this opportunity to respond to your letter addressed to City Manager Ron Bradley regarding the apportionment of the TCSD Rates and Charges for golf courses within the City. of Temecula. The base unit of the TCSD Rates and Charges is equal to the EquNalent Dwelling Unit ('El]U) of one (I). For Fiscal Year 1996-97, the proposed rate per EDU for Community Services, Parks and Recreation is $69.2,4, and $5.20 per EDU for Service Level A. This factor is applied to all single family dwelling units and serves as the basis of the rate applied to the other land use desi~ations. The charge is applied to vacant residential propen3' at two (2) EDU's per acre; vacant, non-residential property at four (4) EDU's per acre; and improved, non-residential property at six (6) EDU's per acre. Upon incorporation of the City in 1989, the TCSD levy was prepared relative to the County's land use designations. However, the County's land use desi~ations and zoning ordinances were proved to be outdated and, in many cases, inaccurate. On January 25, 1996, the City adopted its own Development Code and corresponding Zoning Map. As a result, the TCSD had to update the levy roll for consistency with the City's land use designations. Pursuant to the results of a parcel audit, it was determined that agzicultural land uses no longer exist within the City limits. Therefore, those parcels that were previously identified in the TCSD levy as agricultural property were reviewed for current use and zoning. The Temecuta Creek Golf Course is one of the properties previously identified as agricultural property, which had been levied at the a~ricultural rate of .5 EDU per acre. I Pursuant to Section 17.14.020 of the Development Code, golf courses ar~ described as an outdoor commercial recreational use, requiring an application for a conditional use permit in order to operate. Golf course property is improved for commercial use and is not classified as agricultural property. According to the TCSD rate applications identified above, all developed golf course facilities should be levied at six (_6) EDU's per acre. While the TCSD cannot ignore the fact that the golf course improvements are utilized for commercial purposes, the TCSD also recogni:~es the associated recreational benefits that are ava~able to the public. Therefore, rather than levy the golf courses as commercial property, at six (6) EDU's per acre, the TCSD is proposing to levy the golf courses at the rate of two (2) h-DU's per acre, or $I38.48 per acre for Community Sevices, Parks and Recreation, and $10.40 per acre for Service Level A (arter/al street lighting). In addition, the application of two (2) EDU's per acre for golf courses is consistent wi~ the rate charged to the Ternelm Golf Course. I hope that this infomarion helps to clarify your concerns. If you desire to file an appeal of the Rates and Charges, an appeal form must be obtained from the TCSD and completed prior to December 2, 1996. If you have any further questions, please contact me at (909) 694-6480. Sincerely, CITY OF TE~[ECULA Development Services Analyst CC: Ronald Bradley, City Manager Shawn Nelson, Director of Community Services Exhibit "B" * Please see reverse side* ..... ...... ...... ..............,,_ ............ ~ .....- * .....~ ...:TCSD-~&TES ~N~ ~ARGES .~PE.~ FO &'~S~,,~. ~'.~q ~, .' - . .-~ Please complete the following information: Name: 1Zegenc'y ~e~, LOP., dba ~alleo~].a (2tee. k: Zrln Date: 11-27-96 Mailing Address: 533 Coast Boulevard South, La Jolla, CA 92037 Propetty Adairess (if applicable): 44501 ]~.~ir~ Ca~3<~z :Road, Temecula, CA 92592 Assessor's Parcel Number {APN): 922-220-002; 922-220-004; 922-220-007; 922-222-008; 922-230-003; 922-230-004; 922-230-007; 922-230-008 Telephone Number(s) where your can be reached: _ (619) 454-9793, ext. 109 922-230-002; in order to expedite your Appeal Review, please indicate the type of appeal you are requesting and include the information indicated below as it applies to your property. You may also attach any additional information that you fael is relevant to support your appeal. 1. Appeal of Classification X Please check if applicable Please include: Notice of Public Hearing which indicates the proposed TCSD Rates and Charges for your proper~y. Zoning information and current use of property. Copy of Section of CC&R's which identifies any development restrictions (if applicable). Proof of ownership {copy of grant deed) 2. Appeal for Hardship Please check if applicable Please include: Notice of Public Hearing which indicates the proposed TCSD Rates and Charges for your property. Proof of ownership (copy of grant deed) Proof of age (must be 62 years or older) OR proof of disability. Income verification ($13,200 per individual or $24,000 per household). PLEASE SUMMARIZE THE BASIS OF YOUR APPEAL: Please see_ attached letter dated November 27, 1996 November 27, 1996 Temecula Community Services District P.O. Box 9033 Teme~ula, California 92589-9033 Attention: Mr. Ronald Bradley, City Manager, City of Temecula TCSD Rates and Charges/Temecula Creek Inn Golf Course' D~a.r Mr. Bradley: We are writing to submit a claim under the Government Claims Act, commencing with Section 940 of the California Government Code, and, in the alternative, under Section 5097 of the Code of Revenue and Taxation, for a refund of all fees and charges paid to the Temecula Community Services District (the "TCSD" or "District") on account of the Temecula Creek Inn Golf Course (the "Property") for fiscal years 1992-93 through 1995-967 We also write to appeal the TCSD rates and charges which have been levied on the Property for fiscal year 1996-97. The TCSD has levied the following charges against the Property over the past four yeaI'S: Community Parks Service Level A Fiscal Year 1992-93 8,714.02 622.00 Fiscal Year 1993-94 9,567.10 622.92 Fiscal Year 1994-95 10,092.64 625.00 Fiscal Year 1995-96 10,298.92 621.98 Regency Properties, L.P., ("Regency") has paid all such charges in a timely fashion. Declaration of Paul L. Reed (attached hereto). I. The Property consists of the following Assessor's Parcel Numbers: 922-220-002, 922- 220-004, 922-220-007, 922-222-008, 922-230-002, 922-230-003,922-230-004,922-230-007, 922-230-008. KSC MANAGFJVIENT, INC. 533 Coast Boulevard South, La Jolla, CA 92.037 (619) 454-9793 FAX (619} 459-6758 Temecula Community Services District November 27, 1996 Page 2 According to the TCSD, the charges levied against the Property fall into two categories, Community Services, Parks and Recreation, and "Service Level A", consisting of "arterial street lighting and median maintenance". Exhibit A. According to the TCSD, each property within the District is assigned an Equivalent Dwelling Unit ("EDU") factor reflecting the property's land use and degree of benefit from the service being provided. The TCSD service charge is then calculated by multiplying the EDU factor for the property times the number of acres for the property times a charge per EDU set by the TCSD according to budgeted expenditures. Id. Prior to the 1996-97 fiscal year, the Property was assigned an EDU factor of 0.5, a factor assigned to property utilized for "agricultural" uses. Exhibit B. Although the Property has been, and continues to be, utilized as a golf course, the "agricultural" designation was appropriate among the TCSD's other land use designations. As a golf course, the Property provides a significant amount of open space and recreation for the community's benefit -- the very object served by the TCSD fee -- in contrast with developed or vacant residential or commercial property. The TCSD charge was then calculated by multiplying the EDU factor of 0.5 times the number of acres for the Property times the charge per EDU set by the TCSD according to each fiscal year's budget. Id. The TCSD has now proposed to revise the EDU factor for the Property for the 1996-97 fiscal year from 0.5 EDU to 2 EDU, effectively quadrupling the fees and charges levied against the Property, although there has been no change in the land use of the Property and no change in the level of any benefits being provided to the Property. Regency raises three objections to the TCSD charges. First, the charges constitute a tax subject to article XIII A, section 4 of the California Constitution. Article XIII A states that "cities, counties and special districts" cannot impose a tax on property without a two-thirds vote of the qualified electors of the district. The charges levied by the TCSD have all the hallmarks of a tax. See Government Code § 53721. The charges are being levied to raise revenue for parks and recreation facilities and street lighting, all general governmental services and programs benefitting the community in general. Exhibit C. The TCSD provides no direct service or special benefit to the Property, and the TCSD's expenditures have no relationship to any impact associated with the Property. If anything, the Property ~erves the yery purpose behind the TCSD's creation, the provision of open space and recreation facilities for the community's benefit. Although the TCSD charges constitute a trax, requiring a two-thirds vote of the qualified electon of the District, the TCSD has purported to levy charges for the fiscal year 1996- KSC MANAGEMENT, INC. 533 Coast Boulevard South, La Jolla, CA 92037 (619) 454-9793 FAX (619) 459-6758 Temecula Community Services District November 27, 1996 Page 3 97 and for past fiscal years by ordinance, and without a vote of the electorate. The charges are therefore in violation of the California Constitution, and Regency is entitled to a full refund of the charges it has paid on account of the Property with interest. See Revenue & Taxation Code § 5150. Second, even if the TCSD could levy a charge against the Property for parks and recreation facilities and street lighting without a vote of the electorate, there is no rational relationship between the charges which have been levied against the Property and any benefit enjoyed by the Property. As noted, the TCSD calculates charges for services provided by the District by multiplying an assigned EDU factor times the acreage of the parcel (for nonresidential progerry) times the charge per EDU established by the TCSD according to each fiscal year's budget. The District's system for allocating charges for District expenditures, however, erroneously assumes that there is some relationship between the services provided by such expenditures and a parcel's land use designation and density of use. We fully support the TCSD's goal of providing parks and recreation facilities to the City of Temecula and believe the Temecula Creek Inn makes a significant contribution to that end. At the same time, we benefit no more from a new roller hockey and skateboard facility, a recent project funded with TCSD charges, than the average homeowner, yet we are being asked to fund a much greater share of the cost. Exhibit C. For instance, for the 1996-97 fiscal year, the average homeowner pays a charge to the TCSD for such facilities based upon an EDU factor of one multiplied by the number of units on the parcel, one, times the charge per EDU, or $69.25. For the golf course, a parcel benefitting no more or less from recreation facilities than anyone else, Regency must pay its proposed EDU factor of 2, times the number of acres of the Property, or, 298.04 acres, times the charge per EDU of $69.25, for a total of $41,272.62.2~ Indeed, it is ironic that Regency is essentially being penalized for owning property with a relatively high number of acres -- a factor given tremendous weight by the District's formula for calculating charges for parks and recreation facilities -- when the Property is being utilized as a park and recreation facility and as open space. There is simply no rational basis for insisting that the Property, itself a park and recreation facility, pay nearly 600 times the amount of the average homeowner for parks and recreation facilities of general benefit to the community. The reason for this obvious anomaly is clear: the District's EDU-based formula simply does not fit its intended purpose. The EDU- based formula may be a rational basis for allocating charges where the cost of providing a service to a parcel may be measured by the parcel's density of use, such as the need for water or sewer 2. Of course, those who do not own parcels in the District, but who benefit from the facilities and programs funded by the District just the same, pay nothing. KSC MANAGEMENT, iNC. 533 Coast Boulevard South, La Jolla. CA 92037 (619) 454-9793 FAX (6191 459-6758 Temecula Community Services District November 27, 1996 Page 4 service. The larger the parcel, the more intense the use, the greater the demand on a city's, county's or special district's ability to provide such service. Here, however, the Property places no strain on the District's ability to provide parks and recreation facilities, has created no need for such facilities and benefits no more from such facilities than the average homeowner. If anything, the Property should be exempt from any charge for parks and recreation facilities because it is such a facility, although it receives no funds from the District. Even if one assumed the Property enjoyed some benefit from parks and recreation facilities above and beyond the average homeowner, because such facilities enhance the community in general, and at'tract users of the golf course, the District's formula'is not a measure of any such "benefit".~/ The size of the Property -- a heavily weighted factor in the District's formula --has little, if anything, to do with the volume of use of the golf course, standing alone or as compared to other commercial property. A commercial bank sitting on one acre would undoubtedly enjoy i~ far greater financial benefit from the attraction of residents to the community than a golf course, yet the golf course, because it has set aside nearly 300 acres for recreation and open space, is being asked to pay one hundred times the amount of a bank for recreation facilities under the Distr/ct's formula. The bottom line is that there is no rational relationship between the intangible and indirect benefit of parks and recreation facilities and the density of use or size of a parcel. The District is comparing apples to oranges. Rather, the cost of general government programs and facilities can and should be borne by the entire community in a fair and equitable manner, and not be weighted against commercial properties and developers because it is politically expedient to do SO. Finally, even if one assumes the District can utilize its EDU-based formula for c=tlculating charges for parks and recreation facilities, there is no rational basis in the record for the District's proposal to increase the EDU factor for the Property from 0.5 EDU to 2 EDU. The TCSD's stated reason for this revision is that: (1) the TCSD no longer utilizes the County of Riverside's land use designations in its formula for calculating charges, but now utilizes the City of Temecula's recently adopted Development Code and Zoning Map; (2) although the Property was listed as agricultural property under the District's formula, a land use designation which exists under the County of Riverside's zoning map, the City of Temecula has no such designation in its Development Code, and (3) a g61f course, such as the Property, is now being categorized as an "outdoor commercial recreational use" under Section 17.14.020 of the Development Code "and 3. There is nothing in the administrative record to support such an assumption. KSC MANAGEMENT, INC. 533 Coast Boulevard South, La Jolla, CA 92037 (6t$) 454-9793 FAX (619) 459-6758 Temecula Community Services District November 27, 1996 Page 5 is not classified as agricultural property." Letter of Beryl Yasinosky, City of Temecula, to Paul Reed dateel May 20, 1996 ~xhibit B). With that in mind, the District now proposes to arbitrarily levy golf courses S'uch as the Property at 2 EDU per acre, rather than 0.5 EDU per acre, because "the TCSD cannot ignore the fact that the golf course improvements are utilized for commercial purposes." Id; see also Memo of David W. Hogan, Senior Planner, to Shawn Nelson, Community Services Director, dated September 19, 1996 (Exhibit D). The District's explanation only begs the question. Why are parks and recreation facilities and open space, such as the golf course, now being levied at 2 EDU instead of 0.5 EDU? Whether the Property is characterized as an "agricultural" use, "open space" or a "parks and recreation" facility, the bottom line is that it has been, and continues to be, utilized as a golf course. There has been no change in the level of service or benefit provided to the Property by the District and no change in the land use of the Property which could possibly justify a fee increase. The District is simply giving the Property a new label and arbitrarily quadrupling the levy. Nor is it any answer that the Property is being utilized for a "commercial purpose." Agricultural property is utilized for a commercial purpose. The golf course has been utilized as a commercial recreation facility for years. Although a commercial facility, the District has levied the Property at 0.5 EDU because, whatever label is attached, the Property has been and continues to be ufili?~d as open space and as a parks and recreation facility, which justifies a levy at a lower rate given the attendant benefits of such a facility.v In sum, there is nothing in the record to support the District's proposal to arbitrarily increase the levy against the Property. If the District can legally levy a charge against the Property for parks and recreation facilities, and utilize its EDU-based formula for doing so, the levy should remain at 0.5 EDU given the Property's contribution to the community's supply of parks and recreation facilities and its utilization as open space. 4. 22.7 acres of the Property cannot be developed due to slope and flood plain restrictions. See F. xhibit F.. At the very minimum, this portion of the Property should be levied at the rate of 0.5 EDU because it is clearly open space. KSC MANAGEMENT, INC. 533 Coast Boulevard South. La Jolla. CA 92037 (619} 454-9793 FAX (619) 459-6758 Temecula Community Services District November 27, 1996 Page 6 We would be happy to meet with the District to discuss the issues raised by this letter and it is our intent to work with the District to resolve this matter in an amicable fashion. The District's current proposed levy, however, in addition to being unsupported by the record and inequitable, threatens to place a severe hardship and strain on the Property's ability to continue to operate and must be addressed. Executive Vice President Enclosures KSC MANAGEMENT, INC. 533 Coast Boulevard South, La Jolla, CA 92037 (619) 45~-9793 FAX (619) 459-6758 Temecula Community Services District November 27, 1996 Page 7 bcc: Barry .l. Shotts, Esq. KSC MANAGEMENT, INC. 533 Coast Boulevard South, La Jolla, CA 92037 {619) 454-9793 FAX (619) 459-6758 DECI,ARATION OF PAUl, l,. REED I, Paul L. Reed, declare as follows: 1. I am the Executive Vice-President of KSC Management, Inc., ("KSC") which manages various properties and facilities in the Southern California area, including the Temecula Creek Inn in Temecula, California on behalf of Regency Propert/es, L.P. ("Regency"), the owner by grant deed of the property and facilities. By reason of the foregoing, I have firsthand personal knowledge of the facts set forth herein, and if called as a witness, could and would testify competently thereto under oath. 2. Among other responsibilities, I have overseen the payment of charges levied by the Temecula Community Services District (the "TCSD" or "District") against the Temecula Creek Inn, including that portion of the facility utilized as a golf course. The portion of the Temecula Creek Inn utilized as a golf course has been assigned the following Assessor's Parcel Numbers by the TCSD (the "Property"): 922-220-002, 922-220-4)04, 922-220-007, 922-222-008, 922-230-002,922-230-003,922-230-004, 922-230-007, 922-230-008. 3. Over the past four fiscal years, the TCSD has levied the following charges against the Property: Community Parks Service l.evel A Fiscal Year 1992-93 8,714.02 622.00 Fiscal Year 1993-94 9,567.10 622.92 Fiscal Year 1994-95 10,092.64 625.00 Fiscal Year 1995-96 10,298.92 621.98 4. KSC has timely paid all charges levied against the Property by the TCSD for fiscal years 1992-93 through 1995-96 on behalf of Regency. 5. According to the TCSD, the charges levied against the Property fall into two categories, Community Services, Parks and Recreation, and "Service Level A", consisting of arterial street lighting and median maintenance. Each property within the District is assigned an Equivalent Dwelling Unit CEDU") factor reflecting, in the TCSD's view, the property's land use and degree of benefit from the service being provided. The TCSD service charge is then calculated by multiplying the I::.DU factor for the property times the acreage of the property times a charge per EDU set by the TCSD according to budgeted expenditures. 6. The Property was assigned an EDU factor of 0.5 by the TCSD for fiscal years 1992-93 through 1995-96, a factor assigned to property utilized for ~agricultural" uses." TCSD charge was then calculated by multiplying the EDU factor of 0.5 times the number of acres-' - for the Property times the charge per EDU set by the TCSD according to each fiscal year's budget. 7. The TCSD has now proposed to revise the EDU factor for the Property for the 1996-97 fiscal year from 0.5 EDU to 2 EDU, effectively quadrupling the fees and charges lev/ed against the Property, although there has been no change in the land use of the Property and no change in the level of any benefits being provided to the Property. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed this 2nd day of December 1996 at San Diego, California. ~~ Paul L. Reed Exhibit "A" CFI'Y ATTORNEY DIRECTOR Or CI~ MANAGER ~V~ CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: June 11, !996 SUBJECT: PREPARED BY: RECOMMENDATION: TCSD Proposed Rates and Charges for ~scal Year 1996-1997 ~~.~Beryl Yasinosk¥, Development Services Analyst That the Board of Directors: Adopt a resolution entitled: RESOLUTION NO. CSD 96~ O~ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING F~TES AND CHARGES FOR COMMUNITY SERVICES, PARKS AND RECREATION, STREE'i' LIGHTING, SLOPE MAINTENANCE, RECYCLING AND REFUSE COLLECTION SERVICES AND STREET AND ROAD IMPROVEMENTS FOR FISCAL YEAR 1996-1997. BACKGROUND: The purpose of the TCSD Rates and Charges is to provide necessary community services and programs to properw owners within the City of Temecula. 'l'he TCSD is currently comprised of six (6) city-wide service levels and are identified as follows: 1. Community Services, Parks, and Recreation. 2. Service Level A - Ar~eria[ Street Lighting and Median Maintenance. 3. Service Level B - Residential Street Lighting. Service Level C - Perimeter Landscaping and Slope Maintenance. Service Level D - Recycling and Refuse Collection. 6. Service Level R - Streets and Roads. The formula used to levy the rates and charges has not been changed from last fiscal year. Every non-exempt parcel within the City will receive a rate and charge for :wo (21 service levels: Community Services, Parks, and Recreation, and Service Level "A". Only those property owners who receive benefit from the remaining four {4) service levels pay for :hose services (residential street lighting, slope maintenance, recycling and refuse collection, and emergency maintenance of unpaved roads). Further, :he City Council has recommended the continuance of the Revenue Excess Sharing in Temecuta (REST). RFST shares with the residents of Temecula some of the effective economib development programs implemented by the City Council that have generated new revenues to the City. As a result, the City proposes to absorb $316,834in administrative and operational costs that, without this program, would have been charged to the Communi:y Services, Parks, and Recreation budget and Service Level D. This savings of $316,~3~, is proposed to be passed along to all property owners in Temecula, which will create a proposed savings of $8.07 for all single family residences. Therefore, the rate and charge for the Community Services, Parks and Recreation Service Level, for single family residences, is proposed to be $69.24, an increase of only .36 cents for the year. This increase is due to the addition of four (4) new neighborhood parks, the new Roller Hockey and Skateboard Facility, the acquisition of the Temecula Community Center, and the expansion of community recreation programs provided through the Temecuta Community Recreation Center and the Old Town Temecuta Senior Center. For Service Level "A", the proposed rate of $5.20 for a single family residence represents an increase of $1.04 from last year as a result of the installation of new traffic signals and arterial street lights. Service Level "B" includes only those property owners within residential subdivisions that have street lighting services. The proposed rate of $25.68 per property owner represents a decrease of $~.24 from last year as a result of additional residential development. Service Level "C" includes only those propert,/owners within residential subdivisions receiving TCSD maintenance of slopes and perimeter landscaping. The four (4) rate levels for Service Level "C" will not increase from last year and are identified as follows: Rate C-1: $ 46.00 Rate C-2: $ 89.00 Rate C-3: $116.00 Rate C-4: $175.00 Service Level "D" provides the Recycling and Refuse Collection Program for Fiscal Year 1996- 1997. This service level includes all single family .residential properties in the City of Temecula. The proposed yearly rate of $162.78 has decreased $9.28 from last year as a result of reduced County landfill charges. However, it is expected that the Mead Valley landfill servicing our City will close sometime next year, which will increase waste processing a~d transportation costs for next year. Service Level "R" includes only those parcels which recsive benefit from the emergency maintenance of certain unpaved roads that are washed out during rainstorms. The two (2_) rate levels for Service Level R will not increase from last year and are identified as follows: Residential Rate R-l: Vacant Rate R-l: $157.08 $ 78.54 Residential Rate R-2: $121.92 Vacant Rate R-2: $ 60.96 In summary, the average single family residence receiving benefit from all service levels will have a net decrease in the TCSD Rates and Charges for Fiscal Year 1996-1997of $9.12from last year. The levy and collection of the TCSD Rates and Charges is exempt from the .provisions of the California Environmental Quality Act (CECLA) l~ursuant to Section 21080 (b)(8) of the California Publi~ Resources Code and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing services within the TCSD. FISCAL IMPACT: The total Levy Budget for Fiscal Year 1996-97 is $5,529,077. ~-ne revenue generated from the TCSD Rates and Charges will fund the parks and recreation; median and slope maintenance; street lighting; rec'ycling and refuse collection services; and s~reets and road maintenance in the City of Temecula. AT-FACHMENTS: Resolution No. CSD 96-__ adopting the TCSD Rates and Charges for Fiscal Year 1996-97. Final Annual Levy Re,oort for Fiscal Year 1996-,1997. EX:H'mIT A PROJECT STu2MNIARY Tli2VISgCTw-LA CO1VJlVfU.'iN'l'TY Sli2R.~C~ DISTRICT On ~ruly 1, 1995, Murri Financial Services was retained by the City. of Temecula to prmpare the Annual Levy R~ort for the Temecula CommlzaJ, ty Selwices Disrr}ct (TCSD) for the Fiscal Year 1996-97. Pursuant to the Community, Services Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 e~, the TCSD has the power to levy and collect rates and cha_rges in order to carry on its operations and to provide the services and facilities flinched by it. The levy and collection of the rates and charges is accomplished by the assi~ment of benefit to each parcel within a specific service level. A Service Level iz a 'defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level. The TCSD is currently composed of six (6) city-wide service levels. The descriptions of the service levels are as follows: Commurdrv Services. Parks and Recreation. Operations, maintenance, and administration of the City commurdry park systems, recreation facilities, services and programs. Service Level A - .arterial Street Lights and Median Maintenance. Operations, maintenance, utility costs, and administration of all arterial street lights, medians and tra&'ic sig'nats. Service Level B - Residential Street Lights. Operations, maintenance, utility costs and administration of all residential strut lights. Service Level C - Perimeter Landscaping and Slope bfaintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance ama,s maintained by the TCSD. Service Level D - Refuse. Collection. Recycling afiil §'tr~t Sweeping. Operations and admini~,'tration of the refuse and recycling program, and street swe~ing services for all single-family residential homes. Service Level R - Streets and Roads. Construction, installation, and maintemance of streets and roads. The Finanu-ial Analysis conm~ed her~in con-ins ~ach Servic: I~vel including wkh :heir tolals for Fiscal Y~ar 1996-97 y~ar w be as follows: SERVICE LEVEL ~_~"v'Y BU'DGET Community Services/Parks: Service Level A Service Level B Service Level C Service Level D Service Level R $/$1=R $2,717,562.00 $69.24. 204,092.00 5.20 252,948.00 25.68 508,482.00 Vaziable 1,826,717.00 162.78 19,276.00 Variable TOTAL TCSD LEVY FY 96-97: $5,529,077.00 The Levy and Collection amounts for all non-ex~.mpt parc:is within the TCSD for the Fiscal Year 1996-97 are as shown on the Assessment Roll on file with the City Clerk. Exhibit "C" CITY OF TEMECULA ENGINEER'S ANNUAL LEVY REPORT FOR THE TEMECULA COMMUNITY SERVICES DISTRICT (TCSD), FISCAL YEAR 1996-97 FINAL REPORT SUBMITTED: May 30, 1996 APPROVED: MuniFinancial Corporate Of~?ce 28765 Single Oak Drive, Suite 200 Temecula, CA 92590 Tel: (909) 699-3990 Fax: (909) 699-3460 San Francisco Bay Area OffTce One Donna Mafia Way Orinda, CA 94563 Tel: (510) 376-1162 F~,x: (510) 376-1162 TABLE OF CONTENTS I. OVERVIEW ............................................................................................................... 1 A. Introduction .................................................................................................1 B. Description of the District and Services ...................................................2 C. Budget and Levy Summary ........................................................................3 DESCRIPTION OF THE DISTRICT ......................................................................... 5 A. Modifications of the District Structure ......................................................8 B. Annexations ......................~ ..........................................................................8 C. District Budget Changes ............................................................................9 IV. DISTRICT BUDGETS .............................................................................................10 V. METHOD OF APPORTIONMENT ...........................................................................12 APPENDIX A - LAND USE/EQUIVALENT DWELLING UNITS ................................ 15 APPENDIX B -1996197 COLLECTION ROLL ........................................................... 16 OVERVIEW Introduction The Temecula Community Services District (District) was formed in 1989 upon incorporation of the City of Temecula (Cib/), to continue se.~'icss previously provided by the County of Riverside (County). The boundary of the District is corerruinous with the City boundary, and includes all taxable parce!s within the City. The District collects soecial rates and charges in order to provide services and maintain the imorovements within the District. The District was formed, and the rates and charges were set and es;abiished pursuant to Community Sereices District Law 61000, Section 61~21, Title 6, Division 3 .of the California Government Code (the Code). The Engineerie Annual Levy Report describes t,he District. any new any changes to the Dis,nc~, and the proposed rates ar',d charges for Fisca! Year 1aa6/c7 The rates and charges are ~=se.. on the historical and estimated cost to maimrain the improvements that provide a direct and special benefi~ to properties within the District. 'The improvemoots and services within the District and the corresponding costs are bu.,~ .... and charged as separate Service Leve!s and include all expenditures, deficits, surpluses, and revenues. Each parcel charged -~'=' = ' ' e ru,_~v~s direct benefit ~rcm ~h services provided to that parcel by the District. The wcrd "parcel," for the purposes cf this m-""'-' refers to an individual promerry assigned its own Assessment Number by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessment Numbers amd specific Fund Numbers, to identify on the tax roll, properties charged for special district benefits. A Public Headng is held each year before the District Board of Directors (Board), to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and wrf~en protests at the noticed Public Hearing, and review of the Final Engineer's Annual Levy Report, the Board may order amendments to the Report, or confirm the Report as submitted. Following final approval of the. Repo.. and confirmation of the Rates and Charges (Charges), the Board shall order the levy and collection of Charges for Fiscal Year 1996197'. In such case, the levy inform, orion will be submitted to the Riverside Coun~ AuditodControlter, and included as Charges on the proper'b' tax roll for Fiscal Year 1996/97. Bo Description of the District and Services The District provides certain services, and the maintenance of specific improvements within public right-of-ways and dedicated landscape easements throughout the City. The District consists of six (6) separate Service Leve!s, providing specific ', . services and benefit to parcels within certain areas throughout the City. Each ~parcel within the District is grouped within two (2) or more Service Levels based upon its location, and the quantity and type of services provided within that area. Each Service Level has differing costs depending upon the various services and improvements provided. All parcels identified within a Service Level, share in both the cost and the benefits .of the services. The costs associated with the services, are equitably spread among all benefiting parcels within that Service - Level. Each parcel is charged its fair s;'~are of the costs of the services in proportion to the estimated benefit received. The SeNice Levels are identified as follows: · Community Service, Parks'and Recreation · A~erial Street Ughting and Medians · Residential Street Lighting · Local Landscaping and Slopes · Citywide Recycling and Refu~e · Read Improvement and Maintenance Services and improvements provided through the District include: the construction and maintenance of community parks; recreation programs; street lighting; median landscape maintenance; perimeter landscape maintenance; slope protection; a recycling and refuse collection program; and road improvement construction and maintenance. 2 C. Budget and Levy Summary Each Service Level provides different and specific services, that benefit various parceis within the community and each Service Level is comprised of specific parce!s of differing types. The "Total Levy Units" and the resulting "Charge Per Levy Unit" (shown in Table I), reflect a method of apportionment that most fairly proportions the costs of the services to the benefit received by the parcels in that Service Level. For Community Services, Parks and Recreation, and Service ~Levet A, levy units are calculated using a per Equivalent Dwelling Unit (EDU). The "Total Levy Units" for Service Levels B, C, and D is based on a per parcel count. For Service Level R, levy units are based on a Parcel Development Unit (PDU), which is similar to a per parcel count, but makes a distinction beb, veen developed an8 undeveloped parcels. For a more complete description of the methods used for calculating the "Total Levy Units" used for each Service Level, please refer to (Section V), Method of Apportionment and Appendix A. Table I on the following page, provides ge,~eral levy information for the various Service Levels within the District, comparing Fiscal Year 1996/97 to the previous Fiscal Year. 3 · la61mU ~al lelO.L Oql moji ItJOJejj!l) oq ,~ettJ IP~FI JOd ~liJell~ roll ~q I)011d!llnm (Olqel Spll tq u~oqs) SllUfi/[^a"I lelO.L Oil! 'du!punoJ o| o11(.I :o|oN 0~:l 00'1~6 00'0 IJ0'l-~; ~ §9l'Pr g0'Z§t ~9L'Pt ~P£'91. §P'OP/?6[; I~0'1. 0~'~ Z:60'POi~ 9L'I, 9gg'ZgJ 9gO'JJ9'~$ I)a§Jellg SllUf] IlUl] I!Ufl la~l)n[! Iliffl , la~lml] sla:~Jed f~al leio/ /U~el.lad ,~^Ol Jad AAal lelOl /~Aal Jod /*~al lelO/ lelO/ el~UellO a§Jetl:) oUJeqo 1619661. HV?!A 'iVDBIJ J.N-3HLIIIC) HVgX 'lVOC31d HOIUd $-I=lA:_Jq ~:)!AH=IS I aqEi¥.L 11. DESCRIPTION OF THE DISTRICT Community Services, Parks, and Recreation provides a benefit to all parcels within the Distdct and includes maintenance, service, and operations of all public parks in the.DistricL Most park construction is provided either by developers as a condition of their residential projects, or through development impact fees. ~This Service Level also allowed for [he construction of the Community Recreation Center and its debt service. This Service Level aiso provides funding for the various recreation programs throughout the City. The following is a list of some of the City's parks and recreation facilities: · Rancho California Sports Park · S~-m Hicks Monument Park Patoma 'Dei Sol Park Lores Linda P_=rk · Veterans Park · Rive~cr: Park · Bahia Vista- Park · · Temecula Middle School Fiei'ds · · Old Town Temecula Senior Center · · Kent Hinde~ardt Memorial Park · Temecuta Eiementary School Pool · Bu~e.~eld Stage Park · · Temecuta Roller Hockey Park · · Temecula Skate Park · · 'i'emecula Community Recreation Center John Magee Park Pale Communi~ Park Voorburg Park Nakayama Pa~k Nicolas Road Park Calte Aragon Park Temecula Duck Pond Rotary Park · Temecuta Community Center Service Level A, Arterial Street Lighting and Medians provides a benefit to all parcels within the Distdct and City through the servicing, operation, and maintenance of street lighting and landscaped medians along arterial streets. Service Level B, Residential Street Lighting provides a benefit to all single family residential and vacant parcels within those tracts requiring servicing, operation, and maintenance of local street lighting. 5 Service Level C, Perimeter Landscaping and Slopes provides the servicing, ooeration and maintenance of perimeter landscaped areas and slopes within the public right-of-ways and dedicated easements within ceAain tracts. 7he level of maintenance required within these tracts varfes depending on operating costs, and.therefore four (4) rate levels have been established within Service Level C. Table It shows a listing of the tracts in each of the four (Z) rate levels within Service Level C (Perimeter Landscaping and Slopes.) TABLE !I Service Level C Tracts Name Tract = Tra¢*, Name Trac: = Tra~t. Name T~¢: Name Tra:: = PRE SL:'"'Y D EV~..C,I:~M ENT T.,"a =t # 135!8-0~ [ S~O~S~E~ 20~S2.C0 1851 ~2 ) 203E2-01 ~715-00 { 20EE2-C2 ~7~ 5-01 { ~715-C2 [ 23~25-32 ~71~1 ~ ~G~ G~O~ 2~672-0~ ~716-;2j 21572-;2 227~ S.Oz ~ 21 22515-0~ ] 21672-~ ~g~ 5-~2 j 2~ 57%;2 ~15-02 ) 21672-02 ~g 1~00 J 21 ~915-01 ~ 216T~1 ~915-02{ ~g~ 5-03 ~ 21 21675-01 2~675.02 2167~-03 2~575~5 2~T5-06 Service Level D, Citywide Recycling, Refuse and Street Sweeping provides for the operation and administration of the refuse and recycling program and s,re~.. sweeping services for all single family residential homes within the ~,,-,u ~. Service Level R, Roads provides funding for construction, improvement, service and maintenance of public streets and roads throughout the City. The services provided may include, but are not limited to: renovation or restoration due to damage; flood and drainage control; repairs and re-grading; and upgrades of the existing areas as required for unpaved roads. Service Level R was added tc the District in Fiscal Year 1993194. All parcels identified within Service Leve! R, share in both the cost and the benefits of the services provided. The costs associated with the services, are equitably spread among all benefiting parcsis within various areas (rate levels) of the Service Level. Each parce! is charged its fair share of the costs of the services in propotion to the estimated benefit received. Service Level R currently has two (2) rate levels. The level of maintenance required within these two (2) areas va,-y due to operating costs, and therefore separate rate levels have been estabiished. Only the parcels within each of the ~o (2) boundary areas will be charged for the costs assoc!ated with servicing and maintaining the roads and streets in the area. Rate Level R-1 The parcels within this rate leve! consists of one hundred ~zven~ (120) assessable parcels that have direct access to roads or streets that are serviced and meint=ined throuch the .District. This rate le,/e! provides funding f~r servicing and maintenance of: Nicolas Road; Greenwood Lane; Liefer Road; Gatlin Road; Pala Vista; Calls Girosol; Aussie Road; Calls Chapos; Walcott Road; and Tcmmy'Lane. A total of 3.196 miies of roads are serviced and maintained in this area. Rate Level R-2 The parcels within this rate level consists of fifty-seven (57) assessable parcsis that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for servicing and maintenance of: Ormsby Road; Santiago P, oad; Lolita Road; and John Warner Road. A total of 1.003 miles of roads are serviced and maintained in this area, 7 I11. CHANGES TO THE DISTRICT '' "* ,,,~,, :,,=~, the levy are For Fiscal Year 19S~5/97, changes within the Dm,n,., '~-' -=-~' outlined below. Modifications of the District Structure Modifications to the District structure, if any, could include, but are not limited to: ~;hanges or expansion in the existing improvements or in the types of services provided; addition of new services or Service Levels; restructuring of the current Service Levels; annexation of parcels into the Distdct or Service Leve!s; or revisions in the method of apportionment. Other than the annexations described in the following section, no other modifications to the District are anticipated for the 1996/97 Fiscal Year. Annexations Annexations to Service Level B (Residential Street Lighting), are 799 parcels within Tracts: 11087-02 19939-00 21082-00 2291~-00 23125-02 ~782T-01 18518-00 20705-01 2167540 22916-02 24132-00 27827-02 19872-02 21067-00 22761-00 23125-00 24132-01 27827-03 Annexations to Service Level C (Perimeter Landscaping and Slopes), are 222 parcels within the following tracts: · Rate level #1 -No New Tracts. · Rate level ¢2 - No New Tracts. · Rate level # 3 - Tract 18518-00 (Saddlewood-3 parcels); and Tract 22916-03 (Vintage Hilts-76 parcels). · Rate level # 4 - Tracts 23125-00, 23125-01, & 23125-02 (Tradewinds-143 parcels). 8 Annexations to Service Love! D (Citywide Recycling and Street Sweeping): A total of 715 parce!s have been added to Se.'-vice Love! D for the 1996197 Fiscal Year. No other annexations are planned to any of the other Service Levels or to the District for Fiscal Year 1996/97. District Budget Changes The Community Services, Parks and Recreation Se~ice Lever budget has increased due to increased operations and maintenance costs, as well as expansion and improvements to several neighborhood and community parks. Although the budget has increased significantly, the total levy units has also increased resulting in less that', a one percent increase in the rate and charges. Operations and energy costs for Se~zice Leve!s A (A~erial S~reet Lights) have increased significantly over the previous year. Although the total levy units has aisc increased for this service level, the prcpcsed rate ar:d charges for this service level will increase moderately. In Service Levet B (Residential Street Lighting), the budget has increased with the addition of new tracts, but the number of parcels added to the service level has silowed for ~ reduction in the rate and -~'-" - - . =¢,,-. charges has decreased due to Se~ice Level D (Recyclina and Refuse), rate - '" reduced costs for the service. IV. DISTRICT BUDGETS T~.bie 1 on the next two (2) pages show the District budget for Fiscai Year TABLE 1996/97 DISTRICT BUDGET Temecula Community Services District Orerating Budget DepaAment Summary for the Year Ending June 30, 1997 '~1 01 1.00::; ~..'-t5 I 01 01 DI 01 01 01 O~ 0 0 0 0 0 oi ol 01 ol ol ot ol 0 ~:3.~0 I I 0 J ~ 01 0 ot o o o o o o o o o o o 0, 0 ~ 1~.595 t.~ 0 ~.~ OJ O j 10~ 75 J O J 0 0 4.~ 0 42g.275 0 0 0 j 10,~ 0 ~ 7.7~ 0 0 ~ 7.~ a.~ 0 ~.295 10 TABLE II1 1996/97 DISTRICT BUDGET Temecufa Community Services District Opecating Budget Department Summary for the Year Ending June 30, 1997 S~ O~ER R~NUE SOURCES ~NO B~NCE TO ~ '.37O 5,~I5 54~5 5.~01 5E~I 3.537.167 g?.~'tg ~'". '.:7 ':.57 0 O 0 $Ig.."01 ! 0 LeYet C J l,.e'vel D 0 ~ t825 0 1~ :~ I 4.795 0 :~S72 J 0 I I I o{ o} o ol o{ o ~1 ~1 01 Oi 0 I t O1 0 S:,~79.587 ":19.276 ~.3:a t o :~.~1 o 1.82.S 717 66707 .4'7.573 24,~ ~.~S7 747 ~: 0 0 O 0 0 6,475.~,,t2 781.479 1~5.C,86 11 METHOD OF APPORTIONMENT As in past years, the cost to provide services within the District will be fairly distributed among each assessable prope,m/ based upon the estimated benefit received by each property. The benefit formula used is based upon the Service Level, the land use and size of a property. For the Community Services, Parks, and Recreation Service Level; and Service ~Level A (Arterial Street Lighting and Medians); each property is assigned an Equivalent Dwelling Unit (EDU) factor that reflects the prope,,-ty's land use and degree of benefit. For Service Level B (Residential Street Lighting); Service Level C (Perimeter Landscaping and Slopes); and Se,,'vice Level D (Recycling and Refuse); the rates and charges are calculated on a per parcel basis. In Service Level R (Roads) each property is assigned a Parcel Development Unit (PDU) factor that reflects both parcel count and whether f. he parcel is developed. The following is the formula used to calculate each properry's District charges by EDU. Please refer to Appendix A for a complete listing of land use codes and their associated EDU. Community Services, Parks and Recreation Se,'~ice Level; and Sewice Level A (Arterial Street Lighting and Medians): Parcel EDU X Acres or Units X Charge per EDU = Parcel Charge The following is the formula used to calculate each properry's District charges by the per parcel method. Service Level B (Residential Street Lighting); Service Level C (Perimeter Landscaping and Slopes); and Service Level D (Citywide Recyc!ing and Refuse): Total Balance to Levy/Total Parcels (in Service/.eve/) = Parcel Charge The Rate Per Levv Unit for Service Level R is based on a Parcel Development Unit (PDIj), which is sireliar to a per parcel charge, but makes a distinction between developed and undeveloped parcels. Service Level R (Roads): Parcel Development Units = f.O for Developed Parcels Parcel Development Unit~ = 0.5 for Undeveloped Parcels Total Balance to Levy/Total Parcel PDU (in rate Level) = Parcel Charge 12 Table IV shown on the next two pages, reflects the levy calculations property types for each Service Level. TABLE IV PARCEL CHARGE CALCULATIONS FOR COMMUNITY SERVICES, PARKS, AND RECREATION Property Type Single Family Residential Mull~ Family F, esidendal Single Family Vacant N~n-ResidentJal Vacant -Non-Residential Improved Parcel EDU 1.00 0.75 2.00 4.00 6.00 Charge X per EDU $89.24 59.24 89.24 SE9.24 Parcel Charge 289.24 51 138.48 278.95 MulU~lier vadous Per Unit Per Unit Per Acre Per Acre Per Acre PARCEL CHARGE CAl'CULATIONS FOR SERVICE LE'VEL A Pro~er['y Type Single Family Residential Multi Family Residential Single Family Vacant Ncn-Resiclential Vacar, t Ncn-~esident~aJ lincroved P~rcet EDU 1.00 0.75 2.00 4.00 8.00 Charge 'X per EDU $5.20 5.20 5.20 5.20 25.20 Parcel Charge $5.20 3.90 10.40 20.80 $31.20 Mulfi~lier Per Unit Per Unit Per Acre Per Ac.-e Per Acre PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL B Prot~erty Tyl~e Single Fam~y ,Residential Single Famity Vacan~ 13 Parcel Charge Parcel Unit X per Parcel = Charge 1.00 S25.88 I $25.88 1.00 825.88 t S25,88 Multiplier Per Parcel Per ParceJ TABLE IV PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL C Prol~erty Type Single Family Residential Rate C-1 Single Famity Residential Rate 0-2 Single Family Residential Rate Single Family Residential Rate 0-4 Parca! Charge Unit X per Parcel = 1.00 I $46.00 1.00 I 89.00 Parcel Charge Multiplier j $46.00 Per Parcel 89.00 Per Parcel 116.00 Per Parcel $175,00 j Per Parcel PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL D Property Type J Single Family Residential Parcel Charge Unit X 12er Parcel = 1.0o I $182.78 i Parcel Charge $152.78 Multiplier Per Parca! PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL R Property Type Single Fam~y Residential Rate R-1 Singte Fam~y Vacant Rate R-1 Single Family Residential Rate R-2 Single Fam~y Vacant Rate R-2 Parcel Unit 1.00 0.50 1.00 0.50 Charge X per Unit S157.08 157.08 121.92 S121.92 Par:el Charge $157.08 78 121.g2 $50.96 Mu!fiDlier Per Parcel Per Parcel Per Parcel Per Parcel 14 Appendix A - LAND USE/EQUIVALENT DWELLING UNITS Property Type Single Family Residential Multi Family Residential Single Family Vacant Non-Residential Vacant Non-Residential Improved Equivalent Dwelling Units Multiplier 1.00 Units 0.75 Units 2.00 Acres 4.00 Acres 6.00 Acres Appendix B -- 1996/97 COLLECTION ROLL Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the County Assessor's map for the year in which this report is prelsared. Non-assessable lots or parcels include government owned land, public utiiity ~owned property, and land principally encumbered with public fights-of-way. A listing of parcels within this District, along with the charges, has' been submitted to the City Cle~ and, by reference, is made pa~ of this report. 18 R.ESOLUTION NO. CSD 96-04 A RKROLUTION OF ~ BOARD OF DIRECTORS OF TEIE TEM:E~ C O MlVIZI1N/TY SERVICES DISTRICT ADOFZLNG i~a~TES AND C/L4.RGES FOR CONLM-LrNI'f~ SERVICES/PAR/~ AND RECREATION, STRk'7ET LIGlqTING, SLOPE MA/NT~NANCE, RECYCIJNG A~ND I~EFUSE COLLECTION SERVICES AND STRFVT AND ROAD INfPROVEV~NTS FOR FISCAL YEA_R 1996-97. WStSTRX_AS, upon incorporation of the City of Tem~ula, Cat/fom/m (the "City') eff~tive Dec?.mber 1, 1989, voters also approved the formation of the Temecula Community Services District ("TCSD"), which has the same area and boundaries as the City and whose Board of Directors (the 'Board") consists of the members of the City Council of the City; and W'EtF..REAS, the TCSD proposed to continue such rates and charges for community setrices and parks, recreation facilities, services and programs, operation, maintenance, sewice and admin/srration of strut lighri.ng, slope maintenance, recycI/ng and refuse coll~rion, street and mad improvements (the "Services and/or Facilities") for Lose areas specifically beheStted thereby and charges by the county service areas or the TCSD for such services in prior fiscal years; and Wt-tS'R.EAS, ~e Board has requested the preparation of a report for Fiscal Year 1996-97 cents/n/rig the proposed rates and chazges for filing with the Secretary of the TCSD pursuant to the Commun/t-y Services Distr/ct Law being Division 3 of Title 6 of the Government Code of the State of Cakifornia, commencing with Section 61000 (the "Act"); and ~, pursuant to Section 61621.2 of the Act, an Engineer's Report for Collection for the Fi..qcai Year 1996-97 (the "Report") has ben presented and filed with the Secretary of the TCSD which centaim a description of the proposed Services and/or FaciLities to be prov/ded and the proposed rates and charges for such Services and/or Facilities, and a description of the parcels subject to the mr.es and charges. The Rei:~rt is based upon a budget adopted by the Board for the proposed Services and/or FacLIities for specific areas where such Servic~ and/or Facilities are provided, including necessary staff and administrative expenses; and WI~REAS, the Board requested that staff provide mailed notice of the public heating reoardin= these rat~ and charges to each property owner subject to the rates and charges at least fourteen (14) days prior to the date set for the public hearing; and Rn~o*.C$D\96~34 I V~:F~RF_.~S, notic~ of public h~udng w~ mailed and publi~h~xi ms r~quired by law and the ~fidavi= of publication and m~i]ing are on ~e with ~e $~rem.~y; m~d ~Aqq-F~KEAS, az the public heming conducted on Iune Ii, 1996, ms nodced, the TCSD h~rd and consid~.'v.d all oral and written protam mud commenm by any interzst_~d person conearning the proposed ratas end charges or the method of their collection; and WYF~AEAS, at the conclusion of the public h~azing, the TCSD confirmed the rates and charges in the amounts set out on ~:xbibit 'A' entitled "Project Summary', attached and incorpo{-ated by this mfe_~nc.', confirmed their collection on the mx roll; and W]SEKF_~S, the TCSD furthat finds that bmsed on the Report and budget, the rates and charges ~ ~t out on ]exhibit "A ~ are the r~onable cost of the Services and/or Facilities to be provided by the TCSD for Fisc~ Year 1996-97, and - WYri-REAS, the TCSD proposes to collect the rates and charges a.t the same time, in the same mann=, by the s,?a'ne persons and together with the not sep~.-a~ely from, the property taxas coIIected within the TCSD. These rams and charges shall be delinquent at the same time and thar-~fz~r be subj,: to the same de~anquency penalties a.s such property taxes. All laws appHcable to the levy, collection, and enforcement of prope .r?y rexes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable m these rates and charge. s, except for California Revenue and Taxat/on Code Section 4831. However, if for the first year the charge is levied, the r?~l property to which the charge r~t,v. as ha~ ~ transfen'~ or conveyed to a bona fide purebeset for value, or if a lien of a bona fide encumbrancar for value h~ b~n crated and at'taches thereon, prior to the date on which the first insta/lment of such taxes appe~ on the roll, then the charge, or the delinquency in that c,harge, ~s~ased pursuant to ~ sact/on shall not result in a Hen ag~.ns: the property, but instead shall be traniferred to the unsecured roll for collection; NOW, ~FORE, T]tE BOARD OF DIILECTORS OF 17[K TE~'vfECULA COMMLSN~ SERVICES DISTRICT DOES MER~Ry, RESOLVE, DETERNflNE AND ORDER AS FOLLOWS: SI~CTION 1. The rates and c,harges for Fizcal Ymz 1996-97 ms set out on ~.xhibit "A" for the Services and/or Facilities are adopted for Fiscal Y~r I996-97. SFCTION 2. The TCSD mhall collect such mina and charges at the .same time, in the m_me manner, by the .m_me persons and together with and not sepz.~te!y from, the property m. xes collected within the TCSD. These rates and charges shall be delinquem at the same time and thermAmr be subject to the same delinquency penalties ms such property taxe~. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not timitext to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to these rams and charges, except for California Revenue and Taxation Code Section R¢~oa. CSD\96-04 2 4831. I--1owever, ff for the first year the charge is Ieviext, the real property m which the charge i~Intt-x t1~ be~n transfe.n'ed or conveyed to a bona fide pur:h~ for value, or if a lien of a bona fide encmnbranmr for value has b~.n ca'coted and artaches thereon, prior t~ the dam on which the first insmllmen£ of. such mxe~ appear on the roll, then the charge, or the delinquency in that charge, a~:I promrant to this section xhall not result in a lien against the property, but instead ~ be mangerred to the unsecured roll for collection. gFCTION 3. If-a property owner subject to these ~t~ and charges challenges or questions the lew of the rates and charges to such property owner's property, such property owner must appeal tile levy by filing an appeal with the TCSD Secretary before 5:00 p.m. on D~ember 2, 1996, pursuant m procedures established by the TCSD. SFCTION 4. If a property owner subject to these rares and charges believes that payment of the rates and charges for risc-41 year 1996-97 would create a hardship for that property owner during that fi_sc~ year, such property owner must appeal the levy by ffting a hardship appeal with the TCSD Secretary before 5:00 p.m. on D~ember 2, 1996, pursuant to procedures estaNished by the TCSD, in order to be considered under the hardship appe~ prog~,_m. S¥CTION 5. The TCSD Secr~.e~'-y is order~ to tr'~nsmi: or cause to be transmitted to the County Auditor of the County of Riverside, California (the "County") before August 10, 1996, the property tax roll with such rates and charges enumerated for tach parcel not exempt therefrom; and the County. Auditor of the County is hereby designated, required, empowered, authorized, in.mmcted, directed and ordered to make collection of all such assessments as shown on that roll and to perform any and all duties necessary. therefor. gFCTION 6. Pursuant to the Ca!iron'fix Environmental Quality Act, the levy and collection of these rates and charges is exempt from CEQA pursuant to California Public Re.':so~ Code Section 21080(5)(8) and Section 15273 of the State Guidelines because the rates and charges are necessary to ma.inta/n existing services wi22n the TCSD. SF~CTION 7. The Secr~m~ shall c. ardfy to the adoption of ~ Rasolution. PASSED, APPROV'k-D AND ADOPTED tbi_~ Ilth day ofi'une, 1996. TEl%iE~ COM/vg3H1TY DISTRICT Ronald H. Robar~, President ATilT: S~VIC~ lug. Gr~k, CMC Secretary/City G=rk [SEAL] STATE OF CA~'D:ORNIA ) COUNTY OF RIVERSIDE ) SS C1TY OF TEMECULA ) I, June Greek, S~'retary of the Temecula Community Servic~ District, !tER~-BY DO CEK~ that the foregoing Resolution No. CSD 96-(~ was duly adopted aI a re§,,1~r m~fl.ug of the Board of Dir~'tor~ of the Temecul~ Community Servic~ District on the 1 lth day of June, 1996 b~ the following roll call vote: AYES: 5 DIRECTORS' Birdsall, Ford, Roberts, Stone, Lindemarts NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAfNED: 1 DIRECTORS: Stone (Service Level R Only) Iune S. Greek, CMC Secretmy/City Clerk WX'FTI~IT A PROTECT SLrMMA_RY TE1VIECI/LA COMl%l%3N1TY SERVICES DISTRICT On July 1, 1995, Muni l='mancial Servic~ was retained by the City of Tem~ula to prepa~ the Annual L~vy R~ort for the Temecula Commtmity Servi~.s District (TCSD) for the Fiscal Year 1996-97. Purmmnt m the Community Se. rvic~s Imw, Diviaion 3 of Titl~ 6 of th~ Govezarhent Code of the Smt~. of C_2Hfomia, commencing with Section 61000 .e.L~, the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the sewices and facilities furnish~ by it. The levy and collection of the rates and charges h accomplished by the asxignment of .,.b.en_.efit to each parcel wi~in a specLfic service level. A Service Level is a 'defined area that provides a specific service, operation and'maintenance and/or program to only those parcds contained within that service level. The TCSD h cun'ently composed of six (6). city-wide service levels. The descriptions of the service levels are as follows: 1. Communiw Services. Park~ and Re'c. reafion. Operations, maintenance, and admiN.s'uation Of the City community park systems, re.creation facilities, services and programs. 2. Service r.evet A - Arterial Street T.ights and Median Maintenance, Operations, m ;aintenance, u~ity costs, ~d adminisu-ation of all arterial xt:ee: lights, medians and traffic sistotals. Servi~ Y evet B - Residential Str~,..; .ht_. Operations, maintenance, utility costs and adm./nistration of all residential strut Iighu. Service T.evel C - Perimeter T.andsc~ing and Slope Maintenance. Operations, maintenance, utility caen, improvements, and administration for all perimeter landscaping and slope .maintenance areas maintained by the TCSD. Service T evet D - Refuse. Collection. Recycling and Street Swiping. Operations and administration of the refuse and recycling program, and street swiping services for all single-family residential homes. Service T evel R - Streets and Roads. Construction, insmlhtion, and maintenance of streets and roads. lVIiEl~iOR.t2qD LrM Exhibit "D" TO: FROM: DATE: t SUBJECT: Shown Nelson, Community Services Director David W. ttogan, Senior Planner't.'~,/~f September 19, I996 Determination that a Golf Course is a Commercial Use within the Open Space/Recreation/Conservation Zoning Districts This memo shall serve to clarify Phnn/ng staff's determinor/on that a golf course is considered a commercial use within the City's Open Space Zoning Desi~ation. GoLf Courses are conditionally permitted within the PR ('Parks and Recreation District) and the OS (Open Space District). According to Section 17.14.020 ~f the City's Development Code, "only facilities designed to complement the outdoor enjoyment may be considered as an accessory use to the park. No profit-making activities are intended for This district on more than a temporary basis." Section 1~. 1-;.0=0J,~fof the Ciry's Development Code states: "the Parks and Recreation zoning district is [fitended to promote a wide range of public and private recreational uses in the community. These uses include community facilities, golf courses, health clubs, public parks and recreation areas, sports parks, or other athletic facilities and similar outdoor commercial recreation uses." Staff interprets this section to mean that there are commercial open space uses and golf courses (for profit) fall into this category. I hope this information is helpful for understanding Srnffs interpr, tation of the Development Code for this matter. Please see me if you have any questions or conunents. Chapter 17.14 Open Space/Recreation Districts CITY OF TEaME~A Chapter 17.14 OPEN SPACE/RECREATION/CONSERVATION ZONING DISTRICTS Passive Open S~Tace Recretm'onal Uses 17.14.010 Purpose and Intent The Open Space/Recreaton zoning disrric,,s include both public and private areas of permanent open space including local parks, golf courses, and floodways along Mundera, Temecula, and Pechanga Creeks. The Open Spac-&Recreation Land Use Desig-narion on the General Plan is divided into three separate zoning disu-/cts as described below in Section 17.14.020. The Open Space zoning districts include lands acquired by · exaction, easement, fee, and other methods sanctioned by State and Federal Law for parkland, preservation of natural resources and protection from natural hazards. 17.14.020 Open Space/Recreation Districts (a) Open Space District (OS) The purpose of the Open Space zoning district is to provide for public open space areas which ar~ set aside for low inmnsity, passive re~eational purposes and related uses. The primary. uses with/n the Open Space zordng district are passive recreational act/vit/es, such as trails, picnic areas, bicycle paths, and ocher non-intensive recreatonal activities. Only facilities desired to complement the outdoor enjoyment may be considered as an accessory use to the park. No profit-making activities are intended for this zoning dis'a-let on more than a temporary basis. Co) Parks and Recreation District (PR) The Parks and Recreation zoning disrr/ct is intended to promote a wide range of public and private recreational uses in the community. These uses include community facilities, golf courses, health clubs, public parks and recreation areas, sports parks, or other outdoor athledc facilides and similar outdoor commercial recreational uses. (c) Conservation District (OS-C) CI'FY OF TEM]ECULA Development Code 17.14.040 Development Standards The development standards for the Open Space zoning dis~cts are as indicated on Table 17.14(b). Table 17.14(b) Open Space Development Standards - Open Space Development Standard Minimum Lot Siz~ Maximum Lot Cover'age Maximum Height Floor Area Ratio Setback-From Street R/W Line Setback From Adjoining Property. Lines Minimum Open Spaca / Landacaping PR 20.000 sq. ft. 20% 35 ft .1 50 ft 25ft 80% OS t OS-C -- t -- ~o~-I - .! I - so~. I - 90% t 100% 17.14.050 Special Use and Development Standards (a) Fences, Walls and Hedges (1) Boundaries of any area within the OS or OS-C zoning disrcicts shoji not be walled or fenced with solid material fencing or walls. Open rail fencing or hedges may be permitted. Buildings or recreational facilities may be fenced or walled as follows: a. Game courts may be fenced or enclosed to prevent the escape of bails or simiIar recreational equipment to a limit of twelve (12) f~t. b. Buildings may be surrounded by walls not to exceed six (6) feet in height. (2) Hedges may be used surrounding and throughout a park. (3) The height of a hedge which is wed ~ a screen or barrier abutting right-of-way shall be limited to six (6) feet, except witkin ten (10) feet of a driveway, where it~ height shall be limited to three (3) feet. 0a) Minimum Open Space and Landscaping Open Space and Landscaping for the P1L OS, and OS-C zoning districts DEPARTMENTAL REPORT APPROV/~,, / CITY ATTORNEY FINANCE DIREC-I~)P~ C TY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: May 27, 1997 SUBJECT: Departmental Report PREPARED BY: ~Gail L. Zigler, Administrative Secretary Construction of the Parkview Fire Station began on January 3, 1996. The exterior and interior improvements are complete. Public Works is working on the design fora pressure station for the fire sprinkler system. Staff is currently waiting for a quote from the contractor for the installation of this equipment. It is anticipated it may take 8 weeks to complete this modification to the project. Staff anticipates the dedication of the Parkview Fire Station in late summer. The construction of the City of Temecula Maintenance Yard facility is complete. A ribbon cutting ceremony was held on Tuesday, May 13, 1997. Staff will complete the move from the off-site storage and maintenance facilities the City is currently leasing the week of May 12, 1997. Margarita Community Park is in the third plan check. Staff has reviewed the plans and specs for the roller hockey arena, and based on the anticipated use of the facility, staff has made some recommendations for the design of a more durable facility. Additionally, staff has recommended that athletic field lighting be included in Phase I of the project. The Master Plan includes parking, lighting, tot lots, picnic facilities, landscaping, irrigation, pedestrian walkways, a roller hockey rink, tennis courts, and ballfield lighting. It is anticipated this project will go out to bid in July, 1997. The 6th Street Parking and Restroom Project is currently under construction. The exterior masonry of the restroom, the block wall along Front Street, and concrete curbs are complete, and the boardwalk is complete. The contractor is currently completing the plumbing, roofing and exterior finish. The contractor has installed the driveways, curbing and pavement. This project will be the first built as part of the Old Town Streetscape Project. Amenities include a restroom facility, public lockers and eighty (80) parking stalls. Additionally, the Temecula Stage Stop transportation center will be located on this site. It is anticipated this project will be completed in July, 1997. R:~ALAGENDAS\DEPT42 May 14, 1997 A contract has been awarded to Inland Acoustics for the installation of acoustic panels at the Community Recreation Center gymnasium. Installation of the ceiling panels occurred April 1 thru April 14, 1997. The wall panels will be installed the week of May 12 thru May 16, 1997. This project will be complete by the end of May, 1997. The ADA upgrades project is in the first phase of plan check. Staff has reviewed the plans and specifications and has made some minor modifications. This project provides handicap accessibility to the following park sites: John McGee Park, Calle Aragon Park, Bahia Vista Park, Rancho California Sports Park and Veteran's Park. It is anticipated this project will go out to bid in June, 1997. The City has closed escrow on the Winchester Creek Park property. Staff has received the first submittal of plans and specifications for the park site. This park is a 4.5 acre passive use park consisting of a tot lot, picnic facilities, an outdoor basketball court, a sand volleyball court and open turf areas. R:~A~AGENDAS\DEPT42 May 14, 1997 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD MAY 13, 1997 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:50 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Steven J. Ford presiding. PRESENT: 5 AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, General Counsel Peter Thorson and Deputy City Clerk Susan W. Jones. PUBLIC COMMENTS None given. CONSENT CALENDAR. It was moved by Agency Member Lindemans, seconded by Agency Member Stone, to approve Consent Calendar Item No. 1 as follows: I Minutes 1.1 Approve the minutes of April 22, 1997. The motion was unanimously carried. EXECUTIVE DIRECTOR'S REPORT None given. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT It was moved by Agency Member Lindemans, seconded by Agency Member Stone, to adjourn at 8:51 PM to a meeting on May 27, 1997, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. ATTEST: June S. Greek, CMC City Clerk/Agency Secretary Minutes.rda\051397 Steven J. Ford, Chairperson -1- ITEM 2 P?ROW , CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Genie Roberts, Director of Finance May 27, 1997 Financial Statements for the Nine Months Ended March 31, 1997 PREPARED BY: Tim McDermott, Assistant Finance Director Steve Oakley, Accountant RECOMMENDATIONS: That the Agency Members: 1. That the Agency Members receive and file the Combining Balance Sheet as of March 31, 1997 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1997. 2. Approve the recommended budget adjustments per attached "Schedule A". DISCUSSION: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the three months ended March 31, 1997. Please see the attached financial statements for the analytical review of financial activity. On March 12, 1996 the Agency Members and City Council approved the conveyance of a 1.4 acre site at 6th Street and Front Street by the City to the Redevelopment Agency for use in the Sixth Street Parking project. A promissory note was executed for the acquisition of this land. According to the terms of this note, simple interest accrues annually at 8.25%, with the principal balance and accrued interest to be repaid in five years (by March 12, 2001). The annual interest charge under this note is $75,750. The requested budget adjustments were inadvertently omitted from the original 1996-97 fiscal year budget approved by the Agency Members. Both a revenue and expenditure budget increase of $75,750 are required, as this charge results in an increase in the Redevelopment Agency long term debt and is not required to be paid until the 2000-01 fiscal year. FISCAL IMPACT: None at this time. ATTACHMENTS: Schedule "A" - Recommended Budget Adjustments Combining Balance Sheet as of March 31, 1997 Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1997 SCHEDULE "A" TEMECULA REDEVELOPMENT AGENCY REQUESTED BUDGET ADJUSTMENTS MAY 27, 1997 REVENUE ADJUSTMENTS Account Title Advances from Other Funds Account # 280-199-4093 I n crease (Decrease) 75,750 Account Title Interest EXPENDITURE ADJUSTMENTS Account # 280-199-999-5391 Increase (Decrease) 75,750 mcdermt~fsbudadj.wb2 2 20-May-97 TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of March 31, 1997 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Nine Months Ended March 31, 1997 Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As of March 31, 1997 Assets and other debits: Cash and investments Receivables Land held for resale Total assets Low/Mod CIP Debt Fund Fund S~nxdce Total $ 2,677,853 $ 9,279,701 $ 4,010,064 $ 15,967,618 177,733 1,079,790 31,858 1,289,381 2,103,053 2,103,053 $ 2,855,586 $ 12,462,544 $ 4,041,922 $ 19,360,052 Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Total liabilities Fund balances: Reserved Designated Total fund balances Total liabilities and fund balances $ 129,495 $ 795,613 $ 925,108 129,495 795,613 925,108 179,651 3,877,087 $ 1,448,920 5,505,658 2,546,440 7,789,844 2,593,002 12,929,286 2,726,091 11,666,931 4,041,922 18,434,944 $ 2,855,586 $ 12,462,544 $ 4,041,922 $ 19,360,052 Please note that these balances are unaudited. City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Nine Months Ended March 31, 1997 Revenues: Property tax increment Investment interest Rental income Miscellaneous Annual Amended YTD Total Budget Activity Encumbr. Activity 1,283,892 $ 642,655 $ 642,655 150,000 121,921 121,921 140,587 76,630 76,630 371 371 TomlRevenues 1,574,479 841,577 764,576 Percent of Budget 50% (1) 81% 55% (2) 49% Expenditures: Salaries and wages Other operating expenditures First time homebuyer program Affordable housing - substantial rehab. Affordable housing - rental units Total Expenditures 2,282,012 Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1996 81,098 48,582 48,582 211,914 88,142 $ 32,163 120,305 350,000 142,933 142,933 200,000 36,829 500 37,329 1,439,000 1,289,454 3,092 1,292,546 1,605,940 35,755 1,641,695 (707,533) (764,363) 3,490,454 3,490,454 Ending Fund Balance, March 31, 1997 $ 2,782,921 $ 2,726,091 6O% 57% (2) 41% 19% 90% (2) 72% NOTES: (1) 50% of the estimated property tax increment is received from the county in January The remaining 50% is received in May. (2) Includes Sherwood and Pujol apartment complexes which were acquired in November 1996. 5 City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency-CIP For the Nine Months Ended March 31, 1997 Revenues: Investment interest Rental income Loan interest Loan fees Miscellaneous Total Revenues Annual Amended YTD Budget Activity $ 375,000 $ 408,674 102,000 87,250 15,000 22,346 500 350 733 492,500 519,353 Expenditures (2): Winchester Road interchange Sam Hicks monument park First street bridge Sixth street parking Old Town demo block Old Town building facades Old Town gateway Old Town storm drain Old Town sewer lines Old Town water lines Salaries and wages City admm charges Fee reimbursement Economic development Consulting services Legal services Owner participation agreements City promotional program Old Town plan implementation Auto dealer assn. loan credit Operating transfers out Other operating expenditures Total Expenditures Revenues Over/(Under) Expenditures , Beginrang Fund Balance, July 1, 1996 Ending Fund Balance, March 31, 1997 Encumbr. Total Activity 408,674 87,250 22,346 350 733 519,353 2,852,420 1,683,156 $ 830,492 2,513,648 207,226 189,624 1,405 191,029 3,916,388 772,013 43,483 815,496 734,083 353,619 332,276 685,895 2,495,000 150,034 4,590 4,590 83,500 420,000 474,200 437,000 173,657 98,271 98,271 75,000 56,250 56,250 30,000 217,300 178,314 1,618 179,932 202,227 55,300 70,312 125,612 105,000 55,583 55,583 238,000 158,843 158,843 148,848 113,336 7,248 120,584 62,500 2,882 2,882 140,000 1,729,720 782,000 782,000 79,184 40,727 10,058 50,785 14,971,287 4,544,508 1,296,892 5,841,400 (14,478,787) (4,025,155) 15,692,086 15,692,086 1,213,299 $ 11,666,931 Percent of Budget 109% (1) 86% 149% 70% 105% 88% 92% 21% 93% 3% 57% 75% 83% 62% 53% 67% 81% 5% 45% 64% 39% NOTES: (1) The variance in Investment Interest is due to higher than anticipated cash and investment balances. (2) The variances in CIP project expenditures are due to the timing of when the various projects are actually started. City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency - Debt Service For the Nine Months Ended March 31, 1997 Revenues: Property tax increment Investment interest Deferred passthrough Miscellaneous Total Revenues Annual Amended YTD Percent Budget Activity of Budget $ 5,135,569 $ 2,580,999 50%(1) 125,000 162,910 130% (2) 882,455 759 6,143,024 2,744,668 45% Expenditures: Passthrough agreements Property tax admin fees Debt service - principal Debt service - interest Trustee admin fees Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 1996 Ending Fund Balance, March 31, 1997 3,716,132 1,416,076 38%(3) 95,000 67,543 71% 590,000 590,000 100%(4) 858,670 858,670 100% (4) 6,000 4,083 68% 5,265,802 2,936,372 56% 877,222 (191,704) 4,233,626 4,233,626 $ 5,110,848 $ 4,041,922 NOTES: (1) 50% of the estimated property tax increment is received from the County in January The remaining 50% is received in May. (2) The variance in Investment Interest is due to higher than anticipated cash and investment balances. (3) These amounts are paid when property tax increment revenue is received. (4) Debt service payments are made in September and March of each fiscal year. 7/FINAL JOINT MEETING OF THE CITY COUNCIL AND THE TEMECULA REDEVELOPMENT AGENCY ITEM 3 APPROVAL CITY ATTORNEY FINANCE OFFIC~~ TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Mary Jane McLarney, Assistant City Manager May 27, 1997 Amscan Inc. Owner Participation Agreement RECOMMENDATION: 1) That the Redevelopment Agency and City Council conduct a joint public hearing and; 2) That the City Council adopt a resolution entitled: RESOLUTION NO. 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND AMSCAN INC., A NEW YORK CORPORATION 3) That the Agency adopt a Resolution entitled: RESOLUTION NO. RDA - 97 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AMSCAN INC., A NEW YORK CORPORATION DISCUSSION: On January 10, 1995 the Agency considered a request for fee reimbursement from Amscan and directed staff to prepare an Owner Participation Agreement for ~ 10,000 in reimbursements in order to induce Amscan to expand within the City of Temecula and to remain in business at the Facility. The Redevelopment Agency agrees to reimburse Amscan a portion of the permit fees for the expansion. In return, Amscan agrees to operate the 110,000 square foot Facility for a minimum of five (5) years from the date of the initiation of business activities at the Facility; and Amscan shall continuously employ not lest than eighty (80) full-time employees and shall add not less than thirty four (34) new employees to the business within three(3) years from the date of initiation of business activities at the Facility. Amscan manufactures wholesale paper party goods and decorations. They have added an additional 110,000 sq. ft. valued at $3.5 million for building and equipment. They currently have eighty (80) full-time employees at the Rancho California component of the Site. The expansion provides an additional thirty four (34) new jobs. The delay in finalizing the OPA was due to the owner's delays in the construction of the racking systems for the new Facility. FISCAL IMPACT: The reimbursement of $10,000 for a portion of permit fees is budgeted in the Redevelopment Agency. r:\syersk\staffrep\staffams.rep RESOLUTION NO. 97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND AMSCAN INC., A NEW YORK CORPORATION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula hereby makes the following findings: A. Amscan (Participant) has proposed to construct a additional 110,000 square feet to its existing building to be used for the manufacturing of wholesale paper party goods and decorations B. The total cost of the building and equipment for the new facility should not be less than 3.5 million. C. Participant presently employs eighty (80) full-time employees at the Rancho California component of the Site. Participant proposes to employ thirty four (34) new full-time employees within (3) three years from the date of the initiation of business activities at the new Facility The average annual salary will be $20,800 per year beginning in 1995. D. Permit fees for the expansion are estimated at $100,000, including water and sewer. E. In order to induce Owner to locate the Facility in Temecula and expand by adding thirty (34) new employees, the following steps will be taken: 1. The Redevelopment Agency of the City of Temecula will pay Amscan ten thousand ($10,000) to assist in paying for permit fees. 2. Participant will agree not to relocate Facility from the City of Temecula for five (5) years from the date of the Agreement. 3. Participant will agree to expand business activities in the City of Temecula by adding a minimum of thirty four (34) new employees with average salaries of $20,800 per year within two (2) years of the date of this Agreement. F. Pursuant to § 33444.6 of the California Community Redevelopment Law, the Redevelopment Agency finds that the proposed financial assistance is necessary for the economic feasibility of the relocation of Amscan to the City of Temecula; and that the relocation assistance could not be obtained on economically feasible terms from the private market and will assist in eliminating flight in the Project Area. G. This project is exempt from the provisions of the California Environmental Quality Act on the grounds that the impacts of an Agency action such as this were part of the EIR for Plan approval pursuant to CEQA buildings § 15180. The Council finds that no facts exist to justify a subsequent or supplemental EIR under CEQA Guidelines § 15162 and 15163. Section 2. Based upon the above findings, the City Council of the City of Temecula hereby consents to the approval of the Owner participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and Amscan, Inc. a California Corporation in substantially the form attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting on the 27 day of May 1997. Steven J. Ford, Chairperson ATTEST: June S. Greek STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF TEMECULA) I, June S. Greek, Agency Secretary of the City of Temecula, California, do hereby certify that Resolution No. 97-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27 day of May, 1997, by the following vote: AYES: AGENCYMEMBERS: NOES: AGENCYMEMBERS: ABSENT: AGENCYMEMBERS: ABSTAIN: AGENCYMEMBERS: r:\syersk\reso.ams June S. Greek City Clerk RESOLUTION NO. RDA - 97 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AMSCAN INC., A NEW YORK CORPORATION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: Section 1. following findings: Findings. The City Council of the City of Temecula hereby makes the A. Amscan (Participant) has proposed to construct a additional 110,000 square feet to its existing building to be used for the manufacturing of wholesale paper party goods and decorations B. The total cost of the building and equipment for the new facility should not be less than 3.5 million. C. Participant presently employs eighty (80) full-time employees at the Rancho California component of the Site. Participant proposes to employ thirty four (34) new full- time employees within (3) three years from the date of the initiation of business activities at the new Facility The average annual salary will be $20,800 per year beginning in 1995. D. Permit fees for the expansion are estimated at $100,000, including water and sewer. E. In order to induce Owner to locate the Facility in Temecula and expand by adding thirty four (34) new employees, the following steps will be taken: 1. The Redevelopment Agency of the City of Temecula will pay Amscan ten thousand ($10,000) to assist in paying for permit fees. 2. Participant will agree not to relocate Facility from the City of Temecula for five (5) years from the date of the Agreement. 3. Participant will agree to expand business activities in the City of Temecula by adding a minimum of thirty four (34) new employees with average salaries of $20,800 per year within three (3) years of the date of this Agreement. F. Pursuant to § 33444.6 of the California Community Redevelopment Law, the Redevelopment Agency finds that the proposed financial assistance is necessary for the economic feasibility of the relocation of Amman to the City of Temecula; and that the relocation assistance could not be obtained on economically feasible terms from the private market and will assist in removing blight in the Project Area. G. This project is exempt from the provisions of the California Environmental Quality Act on the grounds that the impacts of an Agency action such as this were part of the EIR for Plan approval pursuant to CEQA buildings § 15180. The Council finds that no facts exist to justify a subsequent or supplemental EIR under CEQA Guidelines §15162 and 15163. Section 2. Based upon the above findings, the Redevelopment Agency of the City of Temecula hereby approves the Owner participation Agreement by and between the Redevelopment Agency of the City of Temecula, the City of Temecula and Amscan, Inc. a California Corporation in substantially the form attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED, by the Redevelopment Agency of the City of Temecula at a regular meeting on the 27 day of May 1997. Steven J. Ford, Chairperson ATTEST: June S. Greek STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF TEMECLILA) I, June $. Greek, Agency Secretary of the City of Temecula, California, do hereby certify that Resolution No. 97-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 27 day of May, 1997, by the following vote: AYES: AGENCYMEMBERS: NOES: AGENC YMEMBERS: ABSENT: AGENCYMEMBERS: ABSTAIN: AGENCYMEMBERS: r:\syersk~reso.red June S. Greek City Clerk EXHIBIT A OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AMSCAN, INC. THIS OWNER PARTICIPATION AGREEMENT (the "Agreement") is entered into and effective as of , 1997 (the "Effective Date"), by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body corporate and politic (the "Agency") and AMSCAN INC., a California Corporation (the "Participant"). In consideration of the mutual covenants and agreements contained herein, the Agency and the Participant hereby agree as follows: Section 1. Recitals The parties enter into this Agreement on the basis of the following facts, understandings and intentions: a. The purpose of this Agreement is to effectuate the Redevelopment Plan (the "Plan") for the Temecula Redevelopment Project Area 1988-1 (the "Project Area") by providing for the elimination of blight in the Project Area and for economic revitalization within the Project Area through the stimulation of new and expanded business activity and the creation of employment opportunities. b. Participant is prepared to expand its business at the Site which will enhance the goals of the Agency in eliminating blight by creating additional employment opportunities in the Project Area, prevent the under utilization of industrial buildings in the Project Area by allowing for expansion of business operations, and contribute to the development of manufacturing and commercial businesses in the Project Area. The development of the Site is consistent with the Agency's Implementation Plan for the Project Area. c. Participant will construct on the Rancho California component of the Site an additional 110,000 square feet (the "Facility"), to be used to produce and distribute wholesale paper party goods and decorations. Participant presently employs eighty (80) full-time employees at the Rancho California component of the Site. Participant proposes to employ thirty four (34) new full-time employees within three (3) years from the date of the initiation of business activities at the new Facility. d. This Agreement is entered into for the purpose of inducing the Participant to relocate and expand its business within the City of Temecula and to remain in business at the Site and not for speculation in land holding. LAX2:130878.2 September 5, 1995 e. This Agreement pertains to and affects the ability of the Agency to finance its statutory obligations and for all parties to finance and carry out the purposes of this Agreement and the goals of the Plan and is intended to be a contract within the meaning of Government Code § 53511. Section 2. The Redevelopment Plan The Redevelopment Plan for the Project Area was approved by Ordinance No. 658 of the Board of Supervisors of Riverside County on July 12, 1988, prior to the incorporation of the City of Temecula. Pursuant to City Ordinance No. 91-11, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, the City approved the Plan. Said Ordinances had the effect of adopting the Plan and transferring jurisdiction over said Plan to the Agency, as of July 1, 1991. Pursuant to Ordinance No. 93-04 and 94-03, Ordinance No. 91-11 was codified at § 8.04.010 of the Temecula Municipal Code. The Plan was amended by Ordinance No. 94-33, adopted on December 20, 1994. Section 3. The Site The Site is located at 28401 Rancho California Road, City of Temecula which is within the Project Area. Section 4. Parties to the Afreement a. The Agency is a public body, corporate and politic, exercising govemmental functions and powers and is organized and existing under the Community Redevelopment law of the State of California (§ 33000, et seq., Health and Safety Code; the "Act"). The principal office and mailing address of the Agency is 43200 Business Park Drive, Temecula, California 92590. All references to approvals by the Agency shall mean the Agency Board, unless another Agency Officer is specifically designated in this Agreement. b. The Participant is a New York corporation duly organized and existing under the laws of the State of New York. The principal office and mailing address of the Participant is: Amscan Inc., 2 Macy Road, Harrison, NY, 10528. Participant is the record owner of the Site and therefore qualifies as an "Owner Participant" within the meaning of the Redevelopment Plan and the California Community Redevelopment Law (Health & Safety Code § 33000, et sea_.). Section 5. Agency and Participant Obligations a. In order to induce Participant to expand its operations on the Site and to remain in business at the Facility, the Agency agrees to reimburse the Participant a total of ten thousand dollars ($10,000) for the purposes of reimbursing a portion of the permit fees for the expansion. kAX2:130878.2 September 5, 1995 -2- O) Participant shall operate the Facility to produce and distribute wholesale paper party goods for a minimum of five (5) years from the date of the initiation of business activities at the Facility; and (2) Participant shall continuously employ not less than eighty (80) full- time employees and shall add not less than thirty four (34) new employees to the business within the City of Temecula within three (3) years from the date of initiation of business activities at the Facility. The parties hereto agree that the "date of initiation of business activities at the Facility" as used in this Agreement is January, 1997. b. Participant warrants and represents that any infomarion it has supplied to the Agency pertaining to the relocation of Participant is true, correct and complete in all material respects. Participant represents that any projection, including but not limited to information concerning the projected job creation resulting from the Facility contained at Section 1, is true, correct and complete in all material respects according to the best available information. c. In the event the Participant fails to comply with the conditions set forth in this section, the Agency may demand that Participant repay the $10,000 reimbursement payment to the Agency within thirty (30) days of the Agency's demand for such payment, subject to the default provisions of this Agreement. d. With respect to the Agency's assistance for the Public Improvements as described in the Agreement, the Agency hereby finds determines and declares that: O) Providing for such Public Improvements is necessary to effectuate the purposes of the Redevelopment Plan for the reasons set forth in Section 1.b. and for the reasons set forth in the Plan and accompanying reports, which specifically contemplate the construction of such Public Improvements, as well as the findings made by the Board of Supervisors in adopting the Redevelopment Plan and subsequently validated in a court challenge. (2) The Public Improvements are of direct benefit to the Project Area and the immediate area in which the Project is located for the reasons set forth in Section 1.b. and for the reasons set forth in the Plan and accompanying reports, which specifically contemplate the construction of such Public Improvements, as well as the findings made by the Board of Supervisors in adopting the Redevelopment Plan and subsequently validated in a court challenge. LJLX2:130878.2 September 5, 1995 -3- (3) No other reasonable means of financing the Public Improvements are available to the community to finance the Public Improvements based upon the reasons set forth in the Redevelopment Plan and accompanying reports, which specifically contemplate the construction of such Public Improvements, as well as the findings made by the Board of Supervisors in adopting the Redevelopment Plan and subsequently validated in a court challenge. (4) The payment of funds for the Public Improvements will assist in the elimination of one or more of the blighting conditions inside the Project Area and is consistent with the Implementation Plan adopted for the Project Area for the reasons set forth in Section 1.b. and for the reasons set forth in the Plan and accompanying reports, which specifically contemplate the construction of such Public Improvements, as well as the findings made by the Board of Supervisors in adopting the Redevelopment Plan and subsequently validated in a court challenge. Section 6. Anti-Di.qcrimination Obliaation~ The Participant agrees by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Participant itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. Section 7. Notices, Demands, and Communicationn Amono the Parties Written notices, demands and communications between the Agency and the Participant, shall be sufficiently given by personal service or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency or the Participant described in Section 4. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be deemed to have been received as of the date of such service. LAX2:130878.2 September 5, 1995 -4- Section 8. Enforced Deist.V; Extennion of Times of Performance a. In addition to specific provisions of this Agreement, performance by any party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where the party seeking the extension has acted diligently and delays or defaults are due to events beyond the reasonable control of the party such as but not limited to: war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, intergalactic invasion, lack of transportation, litigation, unusually severe weather, or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. b. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Co writing by Participant. Times of performance under this Agreement may also be extended in the mutual agreement of the Executive Director of the Agency and the Section 9., Inspection of llookq and Records Each party has the right to inspect, at reasonable times, the books and records of the other parties pertaining to the Site as pertinent to the purposes of the Agreement. Section 10. Indemnification The Participant shall defend, indemnify, assume all responsibility for and hold the Agency, and its respective elected and appointed officers and employees, harmless from all costs (including attorney's fees and costs), claims, demands or liabilities judgments for injury or damage to property and injuries to persons, including death, which may be caused by any of the Participant's activities under this Agreement and on the Site, whether such activities or performance thereof be by the Participant or anyone directly or indirectly employed or contracted with by the Participant and whether such damage shall accrue or be discovered before or after termination of this Agreement. This indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"; 42 U.S.C. Section 9601, et seq.], the Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 et a~l.] and California Health and Safety Code Section Code Section 25280 LAX2:130878.2 September 5, 1995 -5- et ag_q. at any place where Participant owns or has control of real property pursuant to any of Participant's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e) of CERCLA and California Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify Agency from liability. Section 11. r}efa,,lts -- General a. The failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party, specifying the default complained of. The defaulting party shall have thirty (30) days within which to cure the default. b. In the event the Participant fails to cure the default, the Agency may terminate this Agreement upon two (2) business days notice to Participant. In the event the Agreement is terminated pursuant to this Section, the Participant shall repay to the Agency all funds paid by the Agency to Participant pursuant to this Agreement within thirty (30) days of the demand for such funds. Section 12. Legal Actionq a. In the event a default is not cured as provided in this Agreement, the non- defaulting party may exercise all rights and remedies available to it by law. b. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. c. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. d. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. e. Any failures or delays by any party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. LAX2:130878.2 September 5, 1995 -6- Section 13. Corr~liance With All laws and Ret, ulation~ The Participant shall carry out the provisions of this Agreement in conformity with all applicable local, state and federal laws and regulations, including, without limitation, such laws and regulations pertaining to the payment of prevailing wages which might be applicable to its obligations. Section 14. Entire Agreement, Waivers & General a. This Agreement is executed in duplicate originals, each of which is deemed to be an original. This Agreement includes pages 1 through 7, which constitutes the entire understanding and agreement of the parties. b. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. c. All amendments hereto must be in writing executed by the appropriate authorities of the Agency and the Participant. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: Steve Ford Chairperson LAX2:130878.2 September 5, 1995 -7- ATTEST: JUNE S. GREEK Agency Secretary APPROVED AS TO FORM: PETER M. THORSON General Counsel AMSCAN, INC. a New York Corporation By President LJ~X2:130878.2 September 5, 1995 -8- ITEM 4 APPRO'~i~J-, j~ CITY ATTORNEY /,//~[/,~ ~ D RECTOR OF CITY MANAGER ~" ~ TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Redevelopment Agency Board Members Ronald E. Bradley, Executive Director May 27, 1997 Facade Improvement Program Amendment Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: It is recommended that the Redevelopment Agency amend the Facade Improvement and Non-conforming Sign Removal Program. BACKGROUND: The Facade Improvement Program began in July, 1995. Currently, the program provides two types of financial incentives to encourage small businesses and property owners to rehabilitate their properties within the Tourist Retail Core District in Old Town and to bring their properties into conformance with the Old Town Specific Plan. The two incentives are low interest loans and rebates. The loan option offers loans with from $10,000 to $50,000 with a 5 year repayment period. The rebate option offers a maximum rebate of $10,000, based upon the following schedule: REBATE SCHEDULE Cost of Improvements Up to $4,999 $5,000- $9,999 $10,000- $14,999 $15,000 - $20,000 Amount of Rebate 30% 35% 40% 50% To date, very few property and business owners have participated in these programs. Staff has discussed this issue with merchants and property owners and significant reasons given are the lack of initial capital for the rebate program; lack of funds to finance the loan program, and the start up delays of the Streetscape Improvements. R:\OLDTOWI~FACADE~AMEND3.RPT 5120/97 cad 1 DISCUSSION On May 13, 1997, the Redevelopment Agency directed staff to add a $10,000 assistance package to the Facade Improvement Program. This third incentive is proposed to be available from now to June 30, 1998. This incentive is for a maximum of $10,000 of which the initial $5,000 is paid by the Agency as a grant and the balance is funded by a loan that is forgiven after five years. The participant is not required to make monthly loan payments. However, if the property is sold or refinanced within five years the loan is due plus simple interest based on prime rate and the duration of the loan prior to re-payment. As a part of this amendment, staff is recommending to allow direct payments to contractors to ensure the efficiency of the process and complete payments to contractors. FISCAL IMPACT Funds have been allocated to the Facade Improvement Program in the Capital Improvement Program. (Account No. 2_80-199-813-5804) Attachments: 1. Revised Facade Improvement Program - Page 3 R:\OLDTOWN~FACADEL~MEND3.RPT 5/20/97 cad 2 ATTACHMENT NO. 1 REVISED FACADE IMPROVEMENT PROGRAM R:\OLDTOWN~FACADE~AMEND3.RPT 5/19/97 cad 3 City of Temecula Redevelopment Agency Old Town Facade Improvement Program SECTION I INTRODUCTION The City of Temecula has identified a need to upgrade and revitalize existing buildings found in Old Town, specifically within the Tourist Retail Core. The Redevelopment Agency is offering this Old Town Facade Improvement Program as an incentive to participating businesses to rehabilitate existing non-residential buildings in need of external and internal rehabilitation work and to bring said structures up to existing building and safety codes. For example, if a building has seismic and code violations, the property owner may wish to consider the Facade Improvement Program as a source of funds to correct deficiencies, along with making other general exterior improvements that would make a visible impact in the Old Town area, such as exterior painting, rear entry treatments, etc. Improving and upgrading building facades within Old Town, especially in the Tourist Retail Core, is one of the important goals of the Redevelopment Agency. The Facade Improvement Rebate Program seeks to bring new life to existing buildings in the Tourist Retail Core which do not conform to the "Old West" design theme as specified in the City's Old Town Specific Plan. By assisting property owners to upgrade the appearance of their buildings, the aesthetic environment of Old Town is further authenticated, thus improving the economic climate for all merchants and the City as a whole. The Redevelopment Agency will offer financial assistance to property owners and tenants in the Old Town area in the form of i~:~!i~::~i~11~i~ rebates, incentives and/or low interest rate loans, thereby making rehabilitation both affordable and desirable to participating businesses. The first and most expeditious funding process for participating businesses would revolve around the rebate program, where participating businesses complete the eligible work before funds are released. The amount of rebate varies between 30-50% depending on the type of improvements. The second option involves a more traditional loan approach with a repayment period of 5 years. Under this option, the participating businesses would need to qualify based on the Agency's criteria. The total amount of Agency assistance to any one business location is limited to 950,000. The third option is available until June 30, 1998. This option'iS for a maximum of $10,000 Whicti the. initial 95;000 is paid by the Agency. as a grant and the balance is paid .for by a loan that. is forgiven' after five years. !f the property is sold or refinanced within five years the loan is due plus simple in[erest based on prime rate and the duration of the loan prior to. re-paymer~t. R:\OLDTOWN~FACADE\FCIMPPRM.CC 5/19/97 sn 1 City of Temecula Redevelopment Agency Old Town Facade Improvement Program SECTION II PROGRAM BFNEFITS The following are benefits to the businesses participating in the Facade Improvement Rebate Program: Financipg in the form of i'~.:.~11~i:.i~::~.~!:i?~i!irebates, and low interest rate loans for the rehabilitation of commercial buildings in the project area; o Assistance and coordination with other City Departments. The Agency will provide the applicant with a list of departments and person(s) to contact who have review authority over such projects; and Technical assistance as it relates to additional financing. The Agency will provide a list of additional financial programs and person(s) to contact in order to secure funding to assist in the upgrading of buildings and sites. R:\OLDTOWlq\FACADE\FCIMPPRM.CC 5/19/97 sn 2 City of Temecula Redevelopment Agency Old Town Facade Improvement Program SECTION III TARGET PROJECTS The following are "target projects" that the Facade Improvement Rebate Program is designed to assist in order to upgrade the project area: Buildings with seismic deficiencies (URM Standards-eligible only on recognized historic masonry buildings in Old Town), or other Temecula City Code violations including but not limited to Fire, Safety, Planning, and Building Codes; 2. Buildings in need of facade renovation (including rear treatments); Businesses in need of bringing existing signage into conformance with current code requirements; and 4. Businesses located in the Tourist Retail Core district. R:\OLDTOWN~FACADE\FCIMPPRM.CC 5119/97 sn 3 City of Temecula Redevelopment Agency Old Town Facade Improvement Program SECTION IV PROGRAM ELIGIBILITY In order to meet the requirements for project funding under the California Community Redevelopment Law, to comply with health and safety elements and requirements, and to leverage available funds to the greatest extent possible, the following eligibility criteria have been established: 1. The building shall be located in the Old Town Specified Plan area; In the case of a rebate or incentive participants must be both the business owner and the property owner. If storefront is vacant, the property owner may be the sole applicant. In the case of a loan, the participant may be either the property owner or the business owner; Participants must bring non-conforming uses and non-conforming signage into compliance with current applicable City and Agency requirements; The rehabilitation work must be consistent with the Old Town Specific Plan Design Guidelines in effect at the time of application; 5. The rehabilitation work must meet all appropriate City Codes, Ordinances, and Standards; Participants seeking loans must meet all conditions of and receive loan approval from the Council; and 7. Project funding is subject to availability of program funds. R:\OLDTOWN~FACADE\FCIMPPRM.CC 5/19/97 sn 4 City of Temecula Redevelopment Agency Old Town Facade Improvement Program SECTION V ELIGIBLE IMPROVEMENTS The following construction, rehabilitation, and project activities are eligible for funding: Painting of entire building facade and sides of building visible from street (all painted surfaces are required to be repainted); Awnings, marquees, parapet walls, doors, windows, arcade/canopy facade and display window lighting, signs; Removal of non-conforming signs located in the Tourist Retail Core district in the Old Town Specific Plan; 4. Tile and pavement between door and sidewalk; Corrections of conditions necessary to bring structures and/or signage into conformance with City Codes and Ordinances including but not limited to Fire, Safety, Planning, and Building Codes and/or seismic standards; and 6. Other similar facade improvements as approved by the City. R:\OLDTOWN\FACADE\FCIMPPRM.CC 5/19/97 sn 5 City of Temecula Redevelopment Agency Old Town Facade Improvement Program SECTION Vl INELIGIBLE IMPROVEMENTS/RESTRICTIONS The following construction, rehabilitation, and/or project activities are not eligible for funding: 1. Maintenance type improvements such as roofing and landscaping; 2. All interior improvements, except display lighting; 3. General structural upgrade improvements; 4. New construction; 5. No existing work or completed improvements; 6. Any projects not specifically reviewed and approved by the Agency in conjunction with the Program; 7. Trade fixtures and equipment; 8. Operation and maintenance costs, including existing debt service; and 9. Businesses currently involved in other City or Agency loan programs must be current at the time of application and must maintain a current payment status. R:\OLDTOVqI~FACADE\FCIMPPRM.CC 5/19/97 sn 6 City of Temecula Redevelopment Agency Old Town Facade Improvement Program SECTION VII PROGRAM REQUIREMENTS Below are the Facade Improvement Program requirements. These requirements are subject to change without notice. Additionally, project funding is subject to availability of program funds. 1. Applicants are to designate one person as the contact for the project; All improvements must be approved in advance by the Planning Department, OTLRB, and as required, the Planning Commission; Applicants must submit two written bids from licensed contractors. Applicants of multiple businesses within a building are encouraged to work together to receive one set of bids for the entire building. This will reduce the cost per business; All work must be completed by contractors licensed by the State of California. The applicant is responsible for selecting a contractor, and executing agreements. City staff will not provide assistance in obtaining bids which are requested by the applicant; No work is to begin until after the signed Agreement. The Agreement will be signed by the City, property owner, and business owner; e A Facade Improvement Program sign will be displayed either on the exterior or in a front window of the building, from the date of the rebate and/or loan approval until the date of the rebate funding, or 30 days after completion of all improvements. :After. the. com'l~lb~ion 'of.th~'p'~oject the. applicant shall submit to.zhe City a statement indicating his/her satisfaction with the work performed by the contractor prior to releasing the furlds to the contractor. Agency staff may consider up to a 509/0 advance to the contractor for materials. This will be a'case.by case::determination.' R:\OLDTOWN\FACADE\FCIMPPRM.CC 5119/97 sn 7 City of Temecula Redevelopment Agency Old Town Facade Improvement Program SECTION VIII FINANCIAL ASSISTANCE The Agency will offer financial assistance in the form of ~::~:.'~11~:.:.~!~':.~i~ii!iirebates, and loan interest rate loans thereby making rehabilitation both affordable and desirable to participating businesses in the project area. Loan Program The level of Agency financial assistance for a loan will be determined based on the then current Prime Rate and the amount of the loan at the time of loan funding. The following will be the standard loan structure (see attached exhibit "A" for eligibility requirements): 1. Loan Terms: 5 year maximum repayment period 2. Loan Range: Loans will range from a minimum loan amount of $10,000 to a maximum of 850,000. 3. Interest Rate: Interest rates will be equal to Prime Rate at the time of council approval. 4. Loan Fees: 8350.00 processing fee, plus all other similar costs (such as appraisal, credit, title, recording, etc). Rebates/Incentives Rebates The Participants may request a rebate based on the amount expended for rehabilitation and facade renovation work. At the discretion of the Agency, such a rebate would be paid upon completion of all improvements and rehabilitation work or an approved phase. Actual rebate amounts will be determined based on the total project cost with a maximum rebate of 810,000: Cost of Improvements Amount of Rebate Upto 8 4,999 30% 8 5,000- 9,999 35% 10,000-14,999 40% 15,000- 20,000 50% R:\OLDTOWN~FACADE\FCIMPPRM.CC 5/19/97 sn g City of Temecula Redevelopment Agency Old Town Facade Improvement Program Buildings with existing multiple first floor businesses, which occupy individual units, are eligible for more than one rebate, however the maximum for one property owner will be five projects or $50,000. When the project is completed and finaled by the Building Department, the applicant must provide the Agency copies of all work receipts and invoices. If all work is complete and satisfactory, the Agency will issue a Certificate of Completion for the project and release the appropriate funds. Once the funds have been issued, applicants commit to properly maintain the improvements and keep storefronts clean and free from graffiti. If an applicant fails to meet the terms and conditions as outlined in the Agreement or is no longer the certified property owner, the rebate will be due and payable within 60 days of notification. This incentive is available until June 30, 1998. It is for a rnaximum of $10,000 where the initial $5,000 is paid by the Agency as a grant and the balance is paid for by a loan that is forgiven after five years. If the property is sold or refinanced within five years the loan is due plus simple interest based on prime rate at the time of the loan funding and the duratior~ of the loan prior to re-payment. The Participants may request a grant based on the amount expended for rehabilitation and facade renovation work. At the discretion of the Agency, such a rebate would be paid upon completion of all improvements and rehabilitation work or an approved phase. Actual grant arnounts will be determir~ed based on the total project cost with a maximum grant of $5,000: Once the [unds have been issued, applicants cornraiL to properly maintain the improvements ar;d keep storefronts clean and free from graffiti. If an applicant fails to meet the terms and conditions as outlined in the Agreement or is no longer the certified property owner, the grant will be due and payable within 60 days of The loan portion of this program is only used when the applicant has used up the $5,000 grant portion o~ the program. The following will be the standard loan R:\OLDTOWN~FACADE\FC1MPPRM.CC 5/19/97 sn 9 City of Temecula Redevelopment Agency Old Town Facade Improvement Program Lhe $5,0OO grant portion of the program. The lollowing will be the standard loan 5 year maximum repayment period Loans amount will be a maximum of $5,OOO. Interest rates will be equal to Prime Rate at the time of City Council approval. If the property is sold or refinanced within fi)Le (5) Non-Conforming Signage Removal Incentives Removal of non-conforming signs must be completed no later than four years from the date of this program's approval in order to be considered as part of the Facade Improvement Program. To meet this guideline, additional incentives have been developed: a. Year One Free removal of nonconforming sign. Payment of an incentive bonus of $1,OOO for roof signs and pole signs, $500 for all others. Free design service to provide conforming, attractive sign sketches. * b. Year Two Free removal of nonconforming sign. Free design service to provide conforming, attractive sign sketches. * Go Year Three and Four · Free removal of nonconforming sign. R:\OLDTOWI~FACADE\FCIMPPRM.CC 5/19197 sn 10 City of Temecula Redevelopment Agency Old Town Facade Improvement Program Those participants availing themselves of the free design service must agree to utilize one of the alternative sketches provided and erect a new sign within three (3) months of receiving the sketch designs. If said new sign is not erected, the participant will be required to reimburse the City for the cost of the sign design service). In granting these incentives, the City will apply the following priority ranking schedule: 1) Roof signs, 2) Pole signs (freestanding sign over 10 feet high), 3) Internally illuminated signs and 4) Plastic signs. R:\OLDTOWN~FACADE\FCIMPPRM.CC 5/19/97 sn 11 City of Temecula Redevelopment Agency Old Town Facade Improvement Program .. e EXHIBIT "A" LOAN ELIGIBILITY REQUIREMENTS Participating business must be organized for profit; Participating businesses less than one year old must contribute a minimum of 30% cash to the total project cost. Participating businesses one year or older must not exceed a debt/equity ratio of 4:1; Participating businesses must establish that they have or can obtain the necessary knowledge to operate a profitable business and establish the marketability of the product and/or service; Participating businesses must have sufficient collateral to cover the entire amount of the new loan; Participating businesses must substantiate the ability to repay the loan with financial reports; Participating businesses must have been declined by an SBA approved lender; and Participating businesses must be the development objectives of the Redevelopment Agency. R:\OLDTOWi~FACADE\FCIMPPRM.CC 5/19/97 sn 12 OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY ITEM 1 MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY HELD MAY 13, 1997 A regular meeting of the Old Town Westside Community Facilities District Financing Authority was called to order at 8:51 PM at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Karel F. Lindemans presiding. PRESENT: 5 ABSENT: 0 BOARD MEMBERS: Birdsall, Ford, Roberts, Lindemans, Stone BOARD MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and Deputy City Clerk Susan W. Jones. PUBLIC COMMENTS None given. CONSENT CALENDAR 1 Minutes It was moved by Board Member Stone, seconded by Board Member Birdsall, to approve Consent Calendar Item No. 1 as follows: 1.1 Approve the minutes of the meeting of April 22, 1997. The motion was unanimously carried. ADJOURNMENT It was moved by Board Member Stone, seconded by Board Member Birdsall, to adjourn at 8:52 PM to a meeting on May 27, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. ATTEST: Karel F. Lindemans, Chairperson June S. Greek, CMC, City Clerk Minutes.fa\051397 - 1 - OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY ITEM 1 MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY HELD MAY 13, 1997 A regular meeting of the Old Town Westside Improvement Authority was called to order at 8:51 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chairperson Karel F. Linderoans presiding. PRESENT: 5 BOARD MEMBERS: Birdsall, Ford, Roberts, Lindemans, Stone ABSENT: 0 BOARD MEMBERS: None Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and Deputy City Clerk Susan W. Jones. PUB! IC COMMENTS None given. CONSENT CALENDAR It was moved by Board Member Stone, seconded by Board Member Birdsall, to approve Consent Calendar Item No. 1. 1 Minutes 1.1 Approve the minutes of April 22, 1997. The motion was unanimously carried. ADJOURNMENT It was moved by Board Member Stone, seconded by Board Member Ford, to adjourn at 8:52 PM to a meeting on May 27, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried. ATTEST: Karel F. Lindemans, Chairperson June Greek, City Clerk/ Authority Secretary Minutes.ia\051397 -1- ITEM 21 TO: FROM: DATE: SUBJECT: APPROV~7Jli,,,~ CITY ATTORNEY ,, DIRECTOR OF FINANCE ,~/"-" CITY MANAGER~ .~./~/-- CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Directo~;'~"- May 27, 1997 Planning Application No. PA97-0030 Amendment and Restatement of Development Agreement No. 5 for portions of TM 23100, TM 23101, TM 23103 and TPM 28503, within Specific Plan No. 199 Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Commission recommends the City Council: 1. Adopt the Negative Declaration for Planning Application No. PA97-0030. 2. Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND BRAMALEA CALIFORNIA, LLC FOR TM 23100, 23101, 23103 AND TPM 28503, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA97- 0030) BACKGROUND On November 7, 1988, Development Agreement No. 5 was executed by the County of Riverside for the Margarita Village Specific Plan (S.P. 199) which included Tracts 23100, 23101, 23102 and 23103. Bramalea California, LLC has approached the City to execute an Amendment and Restatement of this Development Agreement to reduce the Development Agreement fees. The proposed Interim Public Facility Fee is $3,590.00 per unit. This item was originally before the Planning Commission on April 21, 1997. It was continued because the number of lots covered under the proposed Amendment and Restatement of Development Agreement No. 5 was inconsistent with Specific Plan No. 199. The applicant revised the number of lots covered in the Development Agreement from 309 to 305 to be consistent with the Specific plan. R:\STAFFRPT\30PA97.CC1 5/15/97 mf 1 The Planning Commission recommended approval of the Amendment and Restatement of Development Agreement No. 5 by a 5-0 vote at their May 5, 1997 hearing. There were no speakers in favor or in opposition to the project. At this meeting, the applicant stated that he would favor a Development Agreement Fee which is more closely related to the City's proposed Development Impact Fee for residential development. FISCAL IMPACT Number of Lots: Three hundred-five (305) Total Development Agreement Fee: $5,472.00/Unit Proposed Interim Public Facilities Fee: $3,590.00/unit As a result of the reduction in the Development Agreement Fee, the City will receive $1,668,960.00 which might otherwise have not been received due to the project being unable to develop at the higher impact fee. The $1,668,960.00 is the amount the City calculates to be the dollar amount of the impact the development would have on the City's infrastructure. Attachments: City Council Ordinance No. 97- - Page 3 A. Exhibit A - Proposed Amendment and Restatement of Development Agreement No. 5-Page8 B. Exhibit B - Conditions of Approval - Page 9 May 5, 1997 Planning Commission Staff Report - Page 11 May 5, 1997 Planning Commission Minutes - Page 12 R:\STAFFRPT\30PA97.CCI 5/15197 mf 2 ATTACHMENT NO. 1 ORDINANCE NO. 97- R:\STAFFRFr\30PA97.CC1 5/15/97 mf 3 ATTACHMENT NO. 1 ORDINANCE NO. 9% ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND BRAMALEA CALIFORNIA, LLC FOR TM 23100, 23101, 23103 AND TPM 28503, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA97-0030) WHF_JIEAS, Section 65864 et sea.. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, in accordance with the procedure specified in said Resolution, Bramalea California, LLC has filed with the City of Temecula an application for a Development Agreement which reflects an amendment and restatement of existing County Development Agreement No. 5 (hereinafter "this Agreement"), of a residential housing subdivision on its property for Tracts 23100, 23101, 23103 and 28503 (305 lots), hereinafter the "Subject Property" which application has been reviewed and accepted for filing by the Community Development Director; and, WHEREAS, notice of the City's intention to consider adoption of this Agreement with Bramalea Califomia, LLC has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings on April 21, 1997 and May 5, 1997 (Planning Commission), and May 27, 1997 (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Bramalea California, LLC that it: A. Is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the use of certain real property for residential development consistent with the General Plan' s land use designation of Low-Medium Density Residential; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Subject Property referred to herein is located as this Agreement provides for residential development pursuant to a Specific Plan; R:\STAFFRFr\30PA97.CCl 5115/97 mf 4 C. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; D. Will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; E. Notice of the public heating before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the heating to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; G. Notice of the public heating before the City Council was published in a newspaper of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least ten (10) days prior to the hearing to the project applicant, to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and place of the public hearing, the identity of the hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the Property that is the subject of the heating, and the notice of the need to exhaust administrative remedies; I. City Council approves this Agreement by Ordinance based upon evidence and findings of the Planning Commission and new evidence presented at its hearing on this Agreement, giving its reasons therefor and setting forth the relationship between this Agreement and the General Plan; J. The benefits that will accrue to the people of the City of Temecula from this Agreement are as follows: 1. Generation of municipal revenue; 2. Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; R:\STAFFRPT\30PA97.CC1 5/15/97 mf 5 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; and 5. Payment of Public Facility Fees (fire, library, traffic signal mitigation, development and RSA). Section 2. APPROVAL. This Agreement, attached hereto and incorporated herein by this reference as Exhibit A, is hereby approved subject to the conditions set forth in Exhibit B, attached hereto and incorporated herein by this reference. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 5. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:\STAFFRPT\30PA97.CC1 5/15/97 mf 6 Section 6. PASSED, APPROVED AND ADOPTED this 27th day of May, 1997. Patricia Birdsall, Mayor ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No.97- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 27th day of May, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day of May 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: C OUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk R:\STAFFRPTX30PA97.CC1 5/15/97 mf 7 EXHIBIT A PROPOSED AMENDMENT AND RESTATEMENT DEVELOPMENT AC~REEMENT NO. R:\STAFFRPT\30PA97.CC1 5/15/97 mf ~ RECORDED AT THE REQUEST OF WHEN RECORDED RETURN TO City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 (Space Above Line For Recorder's Use) AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT SPECIFIC PLAN NO. 199 PLANNING AREAS 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 PLANNING APPLICATION NO. PA 97-0030 "MARGARITA VILLAGE" BRAMALEA CALIFORNIA, LLC AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA and BRAMALEA CALIFORNIA, LLC This Amendment and Restatement of Development Agreement ("Agreement") is entered into by and among the City ofTemecula, a California Municipal Corporation ("City") and Bramalea California, LLC, a California Limited Liability Company ("Owner"): RECITALS A. Pursuant to California Government Code Section 65864, seq. ("Development Agreement Statutes"), Kaiser Development Company a California Corporation and others and the County of Riverside, California ("County") entered into Development Agreement No. 5 recorded in the Official Records of Riverside County,California on November 7, 1988, as Instrument No. 325515 ("Development Agreement No. 5"). B. Development Agreement No. 5 encompasses a project formerly located within County approved Specific Plan No. 199 known as "Margarita Village", a mixed use subdivision, (the "Original Project"), to be developed on property which came within the municipal boundaries of the City when the City incorporated on December 1, 1989. This Agreement encompasses only a portion of the Original Project, a residential development located in a portion of Planning Areas 2, 3, 4, 6, 7, 8, 9, 10, 11 and 12 (the "Project"). The balance of the Original Project covered by Development Agreement No. 5 not included within Planning Areas 2, 3, 4, 6, 7, 8, 9, I0, 11 and 12 is not amended or impacted by this Agreement. C. Pursuant to the provisions of the Development Agreement Statutes, the City became the successor-in-interest to the County under Development Agreement No. 5 upon incorporation of the City. Pursuant to Owner obtaining title to the Project as recorded in the Official Records of Riverside County, California on June 17, 1996 as Instrument No. 221922, and pursuant to the provisions of Development Agreement No. 5, Owner became successor-in-interest to the "Owner" described in Development Agreement No. 5. -1- D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and Owner propose to restate and amend Development Agreement No. 5 to substitute this Agreement for Development Agreement No. 5, but only to the extent Development Agreement No. 5 pertains to the Project. E. Pursuant and subject to the Development Agreement Statutes, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries or sphere of influence thereby establishing the conditions under which such property may be developed in the City. F. By entering into this Agreement, City shall bind future Members of the City Council of City by the obligations specified herein and further limit the future exercise of certain governmental and proprietary powers of Members of the City Council. Likewise, Owner shall bind its successors in interest to the obligations specified in the Agreement. G. The terms and conditions of this Agreement have undergone extensive review by the staffof the City, the Planning Commission of the City, and the City Council of City and have been found to be fair, just, and reasonable. H. City finds and determines that it will be in the best interest of its citizens and the public health, safety and welfare will be served by entering into this Agreement. I. All of the procedures and requirements of the California Environmental Quality Act relevant to this Agreement have been met. J. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities impact fees for residential development within City ("RSA Fees"). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Property in order to complete capital projects to mitigate the impact of the Project. K. Development Agreement No. 5 provided for public facilities and services impact fees ("County Development Agreement Fees") higher than the RSA Fees. These higher fees, particularly during the present economic situation, unduly discourage and delay development and thereby prevent City from ever receiving the County Development Agreement Fees or RSA Fees. Consequently, -2- the City is willing to reduce the County Development Agreement Fees for residential development in the Project to a level comparable to the RSA Fees. L. City and Owner acknowledge that development of the Project will result in the generation of municipal revenue, for public infrastructure facilities and the enhancement of the quality of life, including recreation facilities for present and future residents of the City. The benefits to the City and Owner contemplated by development of the Project include: (1) (2) (3) (4) completion of vacant lots in Project; payment of signal mitigation fees; payment of library fees; payment of park fees M. The City and Owner acknowledge that due to the present economic situation, none of these benefits to the City are possible unless the Project proceeds with development. N. City Council of City has approved this Agreement by Ordinance No. adopted on , and effective on ("Effective Date"). On the Effective Date, Development Agreement No. 5 shall be terminated and of no further force and effect as to the Project only, having been replaced by this Agreement. NOW, THEREFORE in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and incorporated herein, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires, the following words and phrases shall have the meaning set forth below: 1.1 "City" is the City of Temecula. 1.2 "City Public Facility Fee" is an amount to be established by Ordinance of City. 1.3 "County" is the County of Riverside. -3- 1.4 "County Development Agreement Fee" means the County public facilities and services mitigation fee set forth in Section 4.2 of Development Agreement No. 5. 1.5 "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Existing Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.6 Approvals.. "Development Plan" means the Existing Development 1.7 "Effective Date" means the date upon which the Ordinance approving this Agreement becomes effective. Absent a referendum challenge, such date is thirty (30) days following the date the City Council adopted such Ordinance. 1.8 "Existing Development Approval(s)" means those certain development approvals relating to the Property in effect as of the effective date of this Agreement, including, without limitation, the "Existing Development Approvals" listed in Exhibit A, attached hereto and incorporated herein by this reference, which were approved by the County. 1.9 "Existing Land Use Regulations" means those Land Use Regulations listed on Exhibit B, attached hereto and incorporated herein by this reference, which are a matter of public record on the Effective Date of this Agreement. 1.10 "Financing District" means a Community Facilities District formed pursuant to the Mello-Roos Community Facilities Act of 1982 (California Government Code Section 53311 et seq., as amended); an assessment district formed pursuant to Landscaping and Lighting Act of 1972 (California Street and Highways Code Section 22500 et seq. as amended); a special assessment district formed pursuant to the Improvement Act of 1911 (California SWeets and Highway Code Section 10102, as amended); or any other special assessment district existing pursuant to Sate law formed for the purpose of financing the cost of public improvements, facilities, services and/or public facilities fees within a specific geographical area of the City. -4- 1.11 "Hazardous Substance" shall include, without limitation, any flammable explosives, radioactive materials, asbestos, polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity, substances described in Civil Code Section 2929.5 (e) (2), as it now exists or as subsequently amended, pollutants, contaminants, hazardous wastes, toxic substances or related materials. Notwithstanding the foregoing, "Hazardous Substances" shall not include substances customarily used in developing, operating or maintaining developments similar to the Project, provided all such substances are used, stored, and disposed of in accordance with all applicable laws. 1.12 "Interim Public Facilities Fee" means the fees set forth in Section 12.2 of this Agreement. 1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations, and official policies of City, governing the development and use of land including without limitation: the permitted use of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; the provisions for reservation or dedication of land for public purposes; and the design, improvement, and construction standards and specifications applicable to the development of the Property. "Land Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (a) The conduct of businesses, professions, and occupations; (b) Taxes and assessments; (c) The control and abatement of nuisances; (d) The granting of encroachment permits and the conveyance of rights and interest which provide for the use of or the entry upon public property; (e) The exercise of the power of eminent domain. 1.14 "Owner" means Bramalea California, LLC, a California Limited Liability Company, and any successor in interest to Bramalea California, LLC. 1.15 "Project" is the development of the Property in aeeor~ee with the Development Plan. -5- 1.16 "Property" is the real property described in Exhibit C, attached hereto and incorporated herein by this reference. 1.17 "RSA Fee" means the fee established by County Ordinance No. 659, adopted by City by Ordinance No. 90.04. 1.18 "Subsequent Development Approvals" means all development approvals required subsequent to the Effective Date in connection with development of the Property. 1.19 "Subsequent Land Use Regulation" means any Land Use Regulation applicable to the Property adopted and effective after the Effective Date of this Agreement. 2. Interest of Owner. Owner represents that it has the fee title interest in the Property and that all other persons holding legal or equitable interest in the Property are to be bound by this Agreement. 3. Exhibits. The following documents referred to in this Agreement are attached hereto, incorporated herein, and made a part hereof by this reference: Exhibit Designation A. B. C. D. Description Existing Development Approvals Existing Land Use Regulations Legal Description of the Property Notice From Mortgagee 4. Term. 4.1 The term of this Agreement shall commence on the Effective Date and shall extend for a period often (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. 4.2 This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of the final order after exhaustion of any appeals, directed against the City as a result of any lawsuit filed against directing the City to set aside, withdraw, or abrogate the approval by the City Council of City of this Agreement. -6- 5. Assignment. 5.1 Right to Assign. The Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq:, or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04,) to any person, partnership, joint venture, firm, or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assignment and assumption of the rights, duties, and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer, or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assignment of all or a part of the Property. Owner agrees to provide specific notice of this Agreement, including the record or document number, where a true and correct copy of this Agreement may be obtained from the Riverside County Recorder, in any grant deed or other document purporting to transfer the title or an interest in the Property during the term of this Agreement or any extension thereof. (b) Concurrent with any such sale, transfer, or assignment, or within fifteen (15) business days thereaRer, the Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form reasonably acceptable to the City Attorney, by the purchaser, transferee, or assignee and providing therein that the purchaser, transferee, or assignee unconditionally assumes all the duties and obligations of the Owner under this Agreement. Any sale, transfer, or assignment not made in strict compliance with the foregoing conditions shall constituted a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits or this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of Transferring Owner. Notwithstanding any sale, transfer, or assignment, a transfen,/ng Owner shall continue to be obligated under this Agreement unless such transferring Owner is given a release in writing by -7- City, which release shall be provided by City upon the full satisfaction by such transferring Owner of ALL of the following conditions: (a) The Transferring Owner no longer has a legal interest in all or any part of the Property except as a beneficiary Under a deed of mast. (b) The Owner is not then in default under this Agreement. (c) The Owner or purchaser has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee has provided City with security equivalent to any security previously provided by the Transferring Owner to secure performance of its obligations hereunder. (e) The Transferring Owner has reimbursed City for any and all City costs associated with Owner's transfer of all or a portion of the Property. 5.3 Termination of Agreement with Respect to Individual Lots upon Sale to Public and Completion of Construction. Notwithstanding Subsection 5.1, or any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) A Certificate of Occupancy has been issued for a building on a lot, and the fees set forth in this Agreement have been paid. 5.4 Subsequent Assignment. Any subsequent sale, transfer, or assignment ai~er an initial sale, transfer, or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 6. Mortgagee Protection. The partim hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of mast, or other security device securing financing with -8- respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with the Owner and representatives of such lenders to negotiate in good faith any such requested interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's reasonable costs associated with the negotiations, interpretations, and modifications within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee has submitted a request in writing, in the form as attached hereto as Exhibit D, attached hereto and incorporated herein by this reference, to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the performance of the Owner's obligations under this Agreement. (c) If City timely receives a request from a Mortgagee, in the form set forth on Exhibit D, attached hereto and incorporated herein by this reference, requesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall endeavor to provide a copy of that notice of default to the Mortgagee within ten 10 days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. City shall have no liability for damages or otherwise to Owner, Owner's successor, or to any Mortgagee or successor thereof for the failure to provide such notice. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed -9- in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision oft his Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other afirenative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.1 of this Agreement. The term of the Agreement shall not be extended based on the fact that a Mortgagee holds title to the Property for all or any.part of the term of this Agreement. (e) Any Mortgagee who comes into possession of the Property, or any portion thereof, pursuant to subsection (d) above and who elects not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the parties to it in accordance with the provisions of and subject to the limitations of this Agreement. 8. Project as a Private Undertaking/Relationship of Parties. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No partnership, joint venture, or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 9. Changes in Project. No change, modification, revision, or alteration of Existing Development Approvals may be made without the prior approval of the City. City may expand the permitted uses for the Property without amending this Agreement so long as Owner or Owner's successor retains his/her/their existing entitlements. 10. Timing of Development. The parties acknowledge that Owner cannot at this time predict when, or the rate at which the Property will be -10- developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, it is the parties intent to cure the deficiency by acknowledging and providing that the Owner shall have the right to develop the property in such order, at such rate, and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements se forth in the Development Plan. 11. Indemnity and Cost of Litigation. I 1.1 Hold Harmless. Owner agrees to and shall hold City, its officers, employees, agents, and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Owner or those of its contractor, subcontractor, employee, agents, or other person acting on its behalf which relate to the Project, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Project. This indemnification requirement shall survive the termination or expiration of this Agreement. 11.2 County Litigation Concerning Agreement. In the event the County seeks to challenge the right of City and Owner to enter into this Agreement or to terminate Development Agreement No. 5, and institutes an action, suit, or proceeding to challenge this Agreement or invalidate and/or enjoin the enforcement of this Agreement or the termination of Development Agreement No. 5, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, employees, and agents, from and against any and all such obligations, liability, suit, claim, loss, judgment, or lien resulting from such action (s) brought by County, (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Agreement and/or terminate Development Agreement No. 5. If the County action is against all impacted developments for which the City has lowered the otherwise applicable County fees, then Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a ratio of contribution of the total units owned by Owner which are subject to this Agreement compared to the total number of units -11- within the City in which City has lowered the County fees and which are included in such legal challenge. If the County action is only against Owner with respect to this Agreement, then Owner's defense costs shall be one-hundred percent (100%) of the attorneys fees and costs for defense of the litigation. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws at~er the trial and there is an appeal, the remaining party shall pay all the costs and fees associated with the appeal. 11.3 County Litigation Concerning Agreement - Damages. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this Agreement and the amendment of Development Agreement No. 5, damages (including the difference in the amount of any Interim Public Facilities Fee paid by Owner to City pursuant to the terms of this Agreement and the amount of the County Development Agreement Fee) shall be the responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees to City which are adjudicated to lawfully belong to the County, City shall pay such sums to County and Owner shall be liable for the payment of the difference between the County Development Agreement Fee reduced by the amount paid by the City. 11.4 County Prevails in Litigation - Severability. In the event the County prevails at the trial court level against the City or the Owner as described in Section 11.2 of this Agreement, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County, or such lesser amount as determined by the court. In the event this Agreement is held to be invalid or unenforceable by a trial court of competent jurisdiction, the provisions set forth in Sections 12.2 and 12.3 of this Agreement shall no longer be enforceable and from the date of the final judgment or ruling of invalidity, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5, or such lesser amount as determined by the court. All other provisions of this Agreement shall remain valid and enforceable notwithstanding the ruling of invalidity. 11.5 Third Party Litigation Concerning Aereement. Owner shall indemnify, protect, defend, at its expense- including attorney's fees; and hold - 12- harmless City, its officers, employees, or agents against any loss, cost expense, claim, or counter-claim, complaint, or proceeding to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement brought by a third party other than the County. City shall promptly notify Owner of any such claim, action, or proceeding and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 11.6 Environmental Assurances. Owner shall indemnify, protect, defend with counsel approved by City, and hold harmless City, its officers, employees, agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interests, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted against, City or its officers, employees, or agents arising from or attributable to any repair, cleanup, or detoxification, or preparation and implementation of any removal, remedial, response, closure, or other plan ( regardless of whether undertaken due to governmental action ) concerning a Hazardous Substance or hazardous wastes at any place within the property which is the subject of this Agreement. The foregoing indemnity extends beyond the term of this Agreement and is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation, and Liability Act, ("CERCLA"), 42 U.S.C. Section 9667(e), and California Health and Safety Code Section 25364, and their successor statutes, to insure, protect, hold harmless, and indemnify City from liability. 11.7 Release. Except for nondamage remedies, Owner, for itself, its successors and assignees, hereby releases the City, its officers, agents,and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other -13- liability or damage, whatsoever, upon the City because it entered into this Agreement or because of the terms oft his Agreement. 11.8 Reservation of Rights. With respect to Sections 11.1 through 11.7 herein, City reserves the right to either (1) approve the attorney(s) which Owner selects, hires, or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, the Owner shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attorney's fees, upon billing and accounting therefor. 11.9 Survival. The provisions of this Section 11.1 to 11.9, inclusive, shall survive the termination of this Agreement. 12. Public Benefits. Public Improvements and Facilities. 12. I Intent. The parties acknowledge and agree that this Agreement confers private benefits on the Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting fi'om development of the Project. 12.2 Interim Public Facilities Fee. (a) In lieu of the County Development Agreement Fee, RSA Fee or City Public Facility Fee, for a period of five (5) years commencing on the Effective Date, Owner shall pay an Interim Public Facilities Fee of Three Thousand Five Hundred and Ninety Dollars ($3,590.00) per dwelling unit inclusive of Street Improvement Fees, Traffic Signalization Fees, Fire Protection Fees, Parks and Recreation Fees and Library Fees. The Interim Public Facilities Fee shall be paid as provided in Section 12.3 below. At the conclusion of the five (5) year period, Owner shall either continue to pay the Interim Public Facilities Fee of Three-Thousand-Five-Hundred and Ninety Dollars ($3,590.00) per dwelling or such other public facilities fee as the City has then enacted and applied to residential development projects in the City. Owner expressly acknowledges the existence and holding in the case of Kaufinan and Broad Central Valley. Inc. v. City of Modesto. (1994), 25 Cal.App.4th 1577, as it applies to later adopted fees. Owner hereby waives for himself; and for any successor thereto, the right to challenge the validity or amount of any such other - 14- public facilities fees which are enacted and applied to residential development projects in the City. Such waiver applies to the Project after the first five (5) years of this Agreement. Owner acknowledges and agrees that City would not have entered into this Agreement if its application or operation would limit in any way the City's ability to develop and apply a Comprehensive Public Facilities Fee Program to this Project following the fu'st five (5) years of the term of this Agreement. Owner further acknowledges and agrees that the waiver provided herein applies not only to this Agreement, but to any rights Owner may have under any vesting map filed and deemed complete under the vesting maps statutes, Government Code Section 66498.1 et seq.. Finally, Owner agrees that the institution of any legal action by Owner, or any successor thereof, to challenge the validity, amount, or application of any public facilities fee after the first five (5) years of this Agreement, including paying such fees "under protest" pursuant to Government Code Section 66020 et seq., shall constitute a material breach and default under this Agreement entitling the City to summary termination hereof. (b) The fees required by paragraph (a) shall be adjusted annually during the term of this Agreement on the anniversary of the Effective Date in accordance with the changes in the Consumer Price Index for All Urban Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI) published monthly by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the following manner: (i) Divide the CPI for month and year of the Effective Date into the CPI for the month immediately preceding the anniversary in which the fees are to be adjusted. (ii) Multiply the quotient obtained by the calculation in sub-paragraph (i) above times the fees. (iii) The result of the multiplication obtained in sub- paragraph (ii) above shall constitute the fees payable during the succeeding year. If the CPI specified herein is discontinued or revised during the term of this Agreement, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would have been obtained if the CPI had not b~n discontinued. In no event shall the fees be less than the fees set forth in paragraph (a) of this Section 12.2. -15- 12.3 Timing. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees, if any, required to be paid by Owner pursuant to this Agreement shall be deferred until such time as a certificate of occupancy has been obtained for the first production home built on the Property. Thereat~er, the Interim Public Facilities Fees and/or City Public Facilities Fees, if any, shall be paid at the time issuance of building permits for each residential unit constructed on the Property. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees paid by the Owner for all home units paid prior to adoption of the Agreement in surplus to those fees contained herein shall be credited to Owner. 12.4 Other Applicable Fees. (a) Owner shall also pay all other customary and typical development exactions, for a project of this size and nature, in existence as of the Effective Date and throughout the term of this Agreement, not included in the Interim Public Facilities Fee, pursuant to provisions of City ordinances and resolutions in existence when paid. (b) The parties hereto agree that to the extent the applicable Steven's Kangaroo Rat and drainage fees have not been paid prior to the execution of this Agreement by both parties, those fees remain applicable to the Project. 12.5 Public Works. If Owner is required by this Agreement or any other obligation, to construct any public works facilities which will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Owner shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such other public agency should it have undertaken such construction. 13. Reservation of Authority. 13.1 Limitations. Reservations, and Exceptions. Notwithstanding any other provision of the Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals. - 16- (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure. (c) Regulations imposing Development Exaction's; provided, however, that no such subsequently adopted Development Exaetion's shall be applicable to development of the Property unless such Development Exaction's are applied uniformly to development throughout the City. (d) Regulations governing construction standards and specifications including without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. (e) Regulations which are NOT in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations which are in conflict with the Development Plan, provided Owner has given written consent to the application of such regulations to development of the Property. 13.2 Subsequent Development Approvals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development Plan. 13.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations enacted aRer the Effective Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. In that event, however, this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. -17- 13.4 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 13.5 Tentative Tract Map Extension. Pursuant to the provisions of Section 66452.6 of the Government Code, the tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan shall be extended to expire at the end of the term of this Agreement. 13.6 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereaRer approved in connection with the development of the Property, is a vesting map under the Subdivision Map Act (Govemment Code Section 66410, et seq.) and Riverside County Ordinance No. 460, as the same were incorporated by reference into the Temecula Municipal code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City respectively, under the laws and ordinances applicable to vesting maps shall supersede provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over conflicting provisions of law or ordinances concerning vesting maps. 14. Development of the Property. Vesting. Termination of Development Agreement No. 5 14.1 Rights to Develop. Subject to the terms of this Agreement, including payment of the Interim Public Facilities Fee, the Owner shall have a vested right to develop the Property in accordance with, and to the extent of the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in ~ Agreement, the permitted uses of the Property, the density and intensity of use, the mindmum height and size of proposed buildings, and provisions for reservation and dedication of land for -18- public purposes shall be those set forth in the Development Plan. In exchange for the vested right to develop pursuant to this Agreement, Owner expressly waives for himself and for any successor thereto, the right to challenge or contest the validity of any condition of approval attached to any entitlement which is a part of the Development Plan. 14.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the payment of the Interim Public Facilities Fee, the rules, regulations, and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in connection with Subsequent Development Approvals in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, payment of the Interim Public Facilities Fee and/or the City Public Facilities Fee, as the case may be. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. City may, at the request of Owner, contract for planning and engineering consultant services to expedite the review and processing of Subsequent Development Approvals, the cost of which shall be borne by Owner. 14.3 Changes and Am'eements. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development approvals. In the event the Owner finds that a change in the Existing Development Approvals is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change. If approved, any such change in the Existing Development Approvals shall be incorporated herein as addendum to this Agreement and may be further changed from time to time as provided in this Section. Owner, shall, within thirty (30) days of written demand by City, reimburse City for any and all reasonable costs, associated with any amendment or change to this Agreement that is initiated by Owner or Owner's successor -- without regard to the outcome of the request for amendment or change to this Agreement. Unless otherwise required by law, as determined in City's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such a change does not: -19- (a) Alter the permitted uses of the Property as a whole, except as provided in Section 9 hereof; or, whole; or, or, (b) Increase the density or intensity of use of the Property as a (c) Increase the maximum height and size of permitted buildings; (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiting a subsequent or a supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. 14.4 Minimum Unit Size. Owner agrees that the units to be constructed on the Property shall be a minimum of two thousand (2,000) square feet in size. 14.5 Termination of Development Agreement No. 5. Both City and Owner agree that on the Effective Date of this Agreement, Development Agreement No. 5 shall be terminated and of no further force or effect as to this Project only, having been replaced by this Agreement. 15. Periodic Review of Compliance with Agreement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period fi'om the Effective Date of this Agreement. The Owner or successor shall reimburse City for the reasonable and necessary costs of this review, within thirty (30) days of written demand fi'om City. (b) During each periodic review by City, the Owner is required to demonstrate good faith compliance with the terms of this Agreement. The Owner agrees to furnish such evidence of good faith compliance as City in the exercise of its discretion may require. - 20 - 16. Financing District. Upon the request of Owner, the parties shall cooperate in exploring the use of special assessment districts and other similar Financing Districts for the financing of the construction, improvement, or acquisition of public infrastructure, facilities, lands, and improvements to serve the Project and its residents, whether located within or outside the Property. It is acknowledged that nothing contained in this Agreement shall be construed as requiring City or City Council to form such a district or to issue or sell bonds. 17. Agreement or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Sections 65868. If an amendment is requested by the Owner or its successor, the Owner/successor agrees to pay City any Development Agreement processing fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and reasonably necessary costs of reviewing and processing the Agreement within thirty (30) days of written demand fxom City -- without regard to City's action on such amendment. 18. Enforcement. Unless amended or canceled as herein provided, this Agreement is enforceable by any party to it, notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by the City. 19. Events of Default. Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) Ira warranty, representation, or statement made or furnished by Owner to City is false or proves to have been false in any material respect when it was made; (b) More than forty-five (45) days have passed since City's making of a written request to Owner for payment or reimbursement for a fee or service authorized or agreed to pursuant to this Agreement. (c) A finding and determination by City that upon the basis of substantial evidence the Owner has not complied in good faith with one or more at the terms or conditions of this Agreement. -21 - 20. Procedure Upon Default. (a) Upon the occurrence of an event of default, City may terminate or modify this Agreement in accordance with the procedure adopted by the City. (b) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate this Agreement. (c) a third person. Non-performance shall not be excused because of a failure of (d) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by Governor. (e) All other remedies at law or equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 21. Remedies. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of Owner, or any other person, and Owner covenants not to sue for claim any damages for breach of that Agreement by City. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. Owner, for himself or any successor thereto, expressly waives the fight to seek damages against the City or any officer, employee or agent thereof, for any default or breach of this Agreement. 22. Attomey's Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 23. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail postage prepaid and presumed delivered upon actual receipt by personal delivery or within three - 22 - (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: To City: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attn: City Clerk With a copy to: Peter M. Thorson, City Attorney Richards, Watson & Gershon A Professional Corporation 333 So. Hope Street, 38th Floor Los Angeles, CA 90071-1469 Notices required to be given to Owner shall be addressed as follows: To Owner: Bramalea California, LLC 23333 Avenida la Caza Coto de Caza, CA 92679 ATYN: Emile Hadda, Senior Vice President A party may change the address by giving notice in writing to the other party in the manner provided for herein, and thereafter notices shall be addressed and transmitted to the new address. 24. Cooperation. City agrees that it shall accept for processing and promptly take action on all applications, provided they are in a proper form and acceptable for required processing for discretionary permits, tract or parcel maps, or other land use entitlement for development of the Project in accordance with the provisions of this Agreement. City shall cooperate with Owner in providing expeditious review of any such applications, permits, or land use entitlement and, upon request and payment of any costs and/or extra fees associated therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or other staff personnel as required to insure the timely processing and completion of the Project. 25. Miscellaneous Provisions. 25.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by - 23 - the City Clerk within the period required by Section 65868.5 of the Government Code. 25.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants snail be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 25.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 25.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 25.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 25.6 Singular and Plural. As used herein, the singular of any word includes the plural. 25.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one - 24 - Owner, all obligations of such Owners under this Agreement shall be joint and several, and the default of any such Owner shall be the default of all such Owners. Notwithstanding the foregoing, no Owner of a single lot which has been finally subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 25.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 25.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 25.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 25.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, corm actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 25.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 25.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in - 25 - interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants nmning with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 25.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 25.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by an party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 25.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions oft his Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 25.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 25.18 Agent for Service of Process. In the event owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, parmer or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of this County and such service shall constitute valid service upon owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 26. Authority to Execute. Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, parmership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder. IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. "City" City of Temecula Attest: By: Karel F. Lindemans, Mayor June S. Greek, City Clerk Approved as to form: Peter M. Thorson, City Attorney [Notary Required] "Owner" Bramalea California, LLC, a California Limited Liability Company By: Bramalea California Inc., Manager By: Emile K. Haddad Senior Vice President - 27 - ALL PURPOSE ACKNOWLEDGMENT State of California ) County of ) On appeared ,1996, before me, , personally [] [] personally known to me -OR- proved to me on the basis of satisfactory evidence be the person(s) whose names(s) is/are subscribed to the within insmmaent and acknowledged to me that he/she/they executed the same in his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) act executed the instrument. Witness my hand and official seal. SIGNATURE OF NOTARY [] CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TITLE[S]): [1 [] [] L1 [1 [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) o 28 - EXHIBIT A EXISTING DEVELOPMENT APPROVALS General Plan - Low-Medium Density Residential Specific Plan - County of Riverside Ordinance No. 460, Specific Plan No. 199 (Margarita Village) Planning Application No. - PA94-0078, PA94-0079 and PA94-0080 Land Divisions - Final Tract Map No. 23100-1 Final Tract Map No. 23101-2 Tentative Tract Map No. 23100 Tentative Tmet Map No. 23101 Tentative Tract Map No. 23103 Tentative Tract Map No. 28503 EXHIBIT B EXISTING LAND USE REGULATIONS General Plan Land Use designation is Low-Medium Density Residential. Specific Plan 199 (Margarita Village) EXHIBIT C LEGAL DESCRIPTION THE LAND IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOTS 35 THROUGH 38, INCLUSIVE, 60 THROUGH 63, INCLUSIVE, AND LOT 75 OF TRACT 23100-1, AS SHOWN BY MAP ON FILE IN BOOK 214 PAGES 5 THROUGH I I OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM ALL MINERAL, OiL AND GAS RIGHTS BELOW THE DEPTH OF 500.00 FEET BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED BY KAISER DEVELOPMENT COMPANY, A CALFPORNIA CORPORATION, IN DEED RECORDED NOVEMBER 13, 1987 AS INSTRUMENT NO. 326397 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL B LOTS 8 THROUGH 55, INCLUSIVE, AND LOT I09, ALL OF TRACT No. 23101-2, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN PER MAP ON FILE IN BOOK 228 OF MAPS, PAGES 15 THROUGH 2I, INCLUSIVE, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM ALL MINERAL, OIL, AND GAS RIGHTS BELOW THE DEPTH OF 500.00 FEET BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY KAISER DEVELOPMENT COMPANY, A CALIFORNLA CORPORATION, IN DEED RECORDED NOVEMBER 13, 1987, AS INSTRUMENT No. 326397, OF OFFICIAL RECORDS OF SAID COUNTY, AND AS DEEDED TO MIDLAND INVESTMENT CORPORATION IN DOCUMENT RECORDED APRIL 15, 1988, AS INSTRUMENT No. 99500, OF OFFICIAL RECORDS OF SAID COUNTY. C-I CHARDONNAYHILLS PARCEL C PARCEL I OF PARCEL MAP No. 22554, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE. STATE OF CALIFORNIA, AS SHOWN PER MAP ON FILE IN BOOK 147 OF PARCEL MAPS, PAGES 94 THROUGH 98, INCLUSIVE, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH A PORTION OF THE PROPERTY, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN "PARCEL A" OF THE DOCUMENT RECORDED MARCH 25, 1970, AS INSTRUMENT No. 27617 (SAID INSTRUMENT BEING REFERENCED AS "INSTRUMENT No. 27167" IN THE HEREINBELOW-MENTIONED DEED), OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PORTION BEING ALL THAT PROPERTY CONVEYED BY DEED RECORDED MAY 11, 1994, AS INSTRUMENT No. 193985, OF OFFICIAL RECORDS OF SAID COUNTY; TOGETHER WITH A PORTION OF THE PROPERTY, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN THE DOCUMENT RECORDED APRIL 11, 1989, AS INSTRUMENT No. 113880, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY. CALIFORNIA, SAID PORTION BEING ALL THAT PROPERTY CONVEYED BY DEED RECORDED APRIL 23, 1990, AS INSTRUMENT No. 146747, OF OFFICIAL RECORDS OF SAID COUNTY; EXCEPTING THEREFROM ALL OF TRACT No. 23100-1, AS SHOWN PER MAP ON FILE IN BOOK 214 OF MAPS, PAGES 5 THROUGH l l, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23100-2, AS SHOWN PER MAP ON FILE IN BOOK 214 OF MAPS, PAGES 12 THROUGH 15, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23100-3, AS SHOWN PER MAP ON FILE IN BOOK 222 OF MAPS, PAGES 4~ THROUGH 49, INCLUSIVE OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23101-1. AS SHOWN PER MAP ON FILE IN BOOK 218 OF MAPS, PAGES 31 THROUGH 34, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY; C-2 CHARDONNAYHIL~ ALSO EXCEPTING THEIrFROM ALL OF TRACT No. 23101-2, AS SHOWN PER MAP ON FILE IN BOOK 228 OF MAPS, PAGES 15 THROUGH 21, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23100-4, AS SHOWN PER MAP ON FILE IN BOOK 249 OF MAPS, PAGES 57 THROUGH 60, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23101-3, AS SHOWN PER MAP ON FILE IN BOOK 249 OF MAPS, PAGES 61 AND 62, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL OF TRACT No. 23103-1, AS SHOWN PER MAP ON FILE IN BOOK 252 OF MAPS, PAGES 29 THROUGH 31, INCLUSIVE, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM THOSE PORTIONS CONVEYED BY DEEDS RECORDED NOVEMBER 17, 1989, AS INSTRUMENT Nos. 403924, 403925, 403926, AND 403927, ALL OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM THOSE PORTIONS CONVEYED BY DEEDS RECORDED OCTOBER 13, 1994, AS INSTRUMENT Nos. 394940, 394941, AND 394942, ALL OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED IN "PARCEL A" OF THE GRANT DEED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA RECORDED DECEMBER 13, 1967, AS INSTRUMENT No. 109720, OF OFFICIAL RECORDS OF SAID COUNTY; ALSO EXCEPTING THEREFROM ALL MINERAL, OIL, AND GAS RIGHTS BELOW THE DEPTH OF 500.00 FEET BELOW THE SURFACE OF SAID LAND WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY KAISER DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION, IN DEED RECORDED NOVEMBER 13, 1987, AS INSTRUMENT No. 326397, OF OFFICIAL RECORDS OF SAID COUNTY, AND AS DEEDED TO MIDLAND INVESTMENT CORPORATION IN DOCUMENT RECORDED APRIL 15, 1988, AS INSTRUMENT No. 99500, OF OFFICIAL RECORDS OF SAID COUNTY. CHARDONNAY HILLS PARCEL D TENTATIVE TRACT NO. 28503 BEING A SUBDIVISION OF THE FOLLOWING: PORTION OF PARCEL 1 OF PARCEL MAP NO. 22554, AS SHOWN BY MAP ON FILE IN BOOK 147 PAGE(S) 94 THROUGH 98, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN ON SAID PARCEL MAP ON THE CENTERLINE OF "LA SERENA WAY'' DESCRIBED ON SAID PARCEL MAP AS "NORTH 71° 08' 38" EAST 1124.10 FEET'; THENCE ALONG SAID CERTERLINE SOUTH 71° 08' 38" WEST 1124.10 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 2000.00 FEET; THENCE CONTINUING ALONG SAID CENTERLINE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7° 40' 53" AN ARC DISTANCE OF 268.13 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL I; THENCE LEAVING SAID CENTERLINE NON-TANGENT FROM SAID CURVE ALONG SAID BOUNDARY OF PARCEL 1 NORTH 26° 32' 15" WEST 472.10 FEET; THENCE CONTINUING ALONG SAID BOUNDARY THE FOLLOWING SEVEN COURSES NORTH 63049' 07" EAST 112.13 FEET, NORTH 58041' 1 I" EAST 389.65 FEET, NORTH 47° 43' 00" EAST 150.14 FEET, NORTH 400 12' 06" EAST 149.88 FEET, NORTH 31° 13' 28" EAST 149.82 FEET, NORTH 22° 38' 36" EAST 141.22 FEET, AND SOUTH 470 40' 42" EAST 1012.35 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE FEE GRANT TO THE METROPOLITAN WATER DISTRICI' OF SOUTHERN CALIFORNIA PER GRANT DEED RECORDED ON DECEMBER 13, 1967 AS INSTRUMENT No. 109720 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY. CALIFORNIA; C-4 /181HX3 -1':13~1¥d ¥1N~0-t1-1~'3 'Y'"I FI 3':1R':1/ S-!-'I I H AYNNOC!~!¥H3 o 8 v ~N3DS7 EXHIBIT D REQUEST FOR NOTICE OF DEFAULT UNDER DEVELOPMENT AGREEMENT Development Agreement: Amendment and Restatement of Development Agreement Specific Plan No. 180, Rancho Highlands Planning Application No. Date: To: City of Clerk and Planning Director, City of Temecula Pursuant to Section 6(b) and (c) of the above-referenced Amendment and Restatement of Development Agreement, request is hereby made by as Mortgagee for the property (or portion thereof) to receive copies of any Notice of Default issued by City against Owner in accordance with the terms and conditions of such Amendment and Restatement of Development Agreement. Copies of any such Notices should be mailed to the following address: (Mortgagee) (Person/Departmen0 (Address) (City/State/Zip) (Telephone No.) A copy of this Notice should be filed with the project file to insure proper and timely notice is given. Under the terms of the Amendment and Restatement of Development Agreement, as Mortgagee is entitled to receive copies of any Notice of Default within ten (10) days of sending any such Notice to Owner. Failure to send any such Notice may have serious legal consequences for the City. This request is to remain in effect until revoked by as Mortgagee or the Amendment and Restatement of Development Agreement is Terminated. The person executing this document on behalf of the Mortgagee warrants and represents that the entity he/she represents is a bona fide Mortgagee of the property and is entitled to receive copies of Notices of Default under the Amendment and Restatement of Development Agreement. The undersigned declares the above information is true and correct under the penalty of perjury under the laws of the State of California. Dated: ,1996 Mortgagee By: (signature) Its: (printed name) (title) [Notary required] This Notice is to be sent to both the City Clerk and Planning Director for the City of Temecula at P.O. Box 9033, Temecula, Ca 925989-9033 or such other location as Temecula City Hall may be located in the future. EXHIBIT B CONDITIONS OF APPROVAL R:\STAFFRPT~30PA97.CC1 5/15/97 mf 9 EXHIBIT B CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0030 (Development Agreement) Project Description: An Amendment and Restatement of Development Agreement No. 5 for TM 23100, TM 23101, 23103 and TPM 28503, within Specific Plan No. 199 Approval Date: Expiration Date: PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). General Requirements 2. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA97-0030 (Development Agreement) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:\STAFFRPT\30PA97.CC1 5115/97 mf 10 ATTACHMENT NO. 2 PLANNING COMMISSION STAFF REPORT MAY 5, 1997 R:\STAFFRPT\30PA97.CC1 5/15/97 mf 11 MEMORANDUM TO: FROM: DATE: SUBJECT: Planning Commi~ssL~p Debbie Ubnoske~ianning Manager May 5, 1997 Planning Application No. PA97-0030 Amendment and Restatement of Development Agreement No. 5 for portions of TM 23100, TM 23101, TM 23103 and TPM 28503 proposed (formerly TPM 23102), within Specific Plan No. 199 Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT the Negative Declaration for Planning Application No. PA97-0030; and A!30PT Resolution No. 97- recommending approval of Planning Application No. PA97-0030 to the City Council, based upon the Analysis and Findings contained in the Staff Report and subject to the attached conditions of approval. BACKGROUND This item was continued at the April 21, 1997 Planning Commission hearing. The number of lots covered under the proposed Amendment and Restatement of Development Agreement No. 5 was related to Planning Application No. PA97-0033 (Tentative Tract Map No. 28503). There were inconsistencies between the project density and the densities identified in the Margarita Village Specific Plan. Therefore, Staff recommended Planning Application No. PA97-0033 be continued while the density issues be rectified. Four parcels have been deleted from Planning Application No. PA97-0033 (Tentative Tract Map No. 28503); thereby making it consistent with the Margarita Village Specific Plan. The total number of lots covered under the proposed Amendment and Restatement to Development Agreement No. 5 has been decreased from 309 to 305. Attachments: 3. 4. 5. PC Resolution No. 97- - Blue Page 2 A. Conditions of Approval - Blue Page 6 Ordinance No. 97- - Blue Page 8 Planning Commission Staff Report (April 21, 1997) -Blue Page 13 Proposed Amendment and Restatement of Development - Blue Page 14 Exhibit - Blue Page 15 R:~'TAFFR.?T~0PA97.1~C2 4/30/97 mf ATTACHMENT NO. 1 PC RESOLUTION NO. 97- R:\STAITFRI~30PAg~7.~-'2 4r29/9'7 mf ~- ATrACI-IMF~NT NO. 1 PC RESOLSON NO. 97- RESOLUTION OF ~ PLANNING COMMI.~SION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF AlVW~NDMENT AND RF_STATEMENT OF DEVELOPM~.NT AGREE1VFFNT NO. 5 BETWEEN THE CITY OF TEMECULA AND BRAMALEA CM. IFORNIA, !]C FOR PORTIONS OF TRACT MAPS NO. 23100, 23101, 23103 AND TPM 28503 PROPOSED (FORMERLY TPM 23102), WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO. PA97-0030) THE PLANNING COMMI.gSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Planning Commission of the City of Temecula has received an application from Bramalea California, LLC for an Amendment and Restatement of Development Agreement No. $, Specific Plan No. 199, "Margarita Village," Planning Application No. PA97- 0030, (hereinafter "Development Agreement"); and, WII'I~F. AS, the Planning Commission held a noticed public hearing on April 21, 1997, on the issue of recommending approval or denial of the Development Agreement; and, WTII~E4,S, the Planning Commission continued Planning Application No. PA97-0030 at the public hearing on April 21, 1997 to May 5, 1997; and, Wl~II~,F-.AS, the Planning Commission considered Planning Application No. PA97-0030 on May 5, I997, on the issue of recommending approval or denial of the Development Agreement. NOW, T~ER£FORE, THE PLANNING COlVIlVH~SION OF THE CITY OF TEMECULA DOES FIND AS FOLLOWS: Section 1. That the Planning Commission recommends that the City Council adopt and approve the Ordinance approving the Development Agreement, Attachments "A" and "B", respectively, attached hereto and incorporated herein by this reference, subject to the Conditions of Approval attached hereto as Attachment "C" and incorporated herein by this reference aa set forth in full herein. Section 2. That in recommending adoption by the City Council of an Ordinance approving the Development Agreement, the Planning Commission hereby makes the following findings: R:~STAFFRPT~30PA~'/.PC22 4,'29/97 mir 3 (a) The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of Low- Medium Density Residential; and, (b) The project subject to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the Specific Plan Zone district in which the Property subject to the Development Agreement is located, and that this Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan; and, (c) The Development Agreement is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; and, (d) The Development Agreement will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; and, (e) Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equaliT~xl assessment roll; and, (f) Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; and, (g) The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed; and, (h) The Development Agreement complies with requirements of the zoning district in which the applicant proposes to develop in that the Low-Medium Density Residential is consistent with the Low-Medium Residential General Plan Land Use Designation; and, R:~'TAFPR.P'r~0PA97.1~L'2 4/29/97 mf 4 (i) The benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are as follows: City and Owner acknowledge that development of the Project will result in the 1. Generation of municipal revenue; 2. Construction of public infrastructure facilities; 3. Accelemfion of both the timely development of subject property as well as the payment of municipal revenue; 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; 5. Payment of Public Facility Fees (fire, library, traffic signal mitigation, development and RSA); and, Section 3. The Secretaxy of the Planning Commission shall cause this Resolution to be transmitted to the City Council for further proceedings in accordance with State law. Section 4. PASSED, APPROVED AND ADOPTED this 5th day of May, I997. Linda Fahey, Chairman I ItERF~RY CERTnvY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 5th day of May, 1997, by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:'~'TAFFRPT~0PA97.PC2 4/'~/9~/mf 5 EXHIBIT A CONDITIONS OF APPROVAL R:~STAFFRPT~30PA97.1~2 4/29/97 uff ~ EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0030 {Development Agreement) Project Description: An Amendment and Restatement of Development Agreement No. 5 for TM 23100, TM 23101, 23103 and TPM 28503 {proposed - formerly TPM 23102), within Specific Plan No. 199 Approval Date: Expiration Date: PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4{c). General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA97-0030 (Development Agreement) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et se0., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:'~ST~PAF7.PC2 4/29/97 mf 7 ATTACHMENT NO. 2 ORDINANCE NO. 97- R:~STA--ZzI~RPT~0PA97.PC'2 4/29/9"/mf 8 ATTACHMENT NO. 3 PLANNING COMMISSION STAFF REPORT APRIL 22, 1997 R:~TA/:tl~l~F~30PA~7.PC2 4/29/~ mf 13 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Ot?IGINAL April 21, 1997 Planning Application No. PA97-0030 Amendment end Restatement of Development Agreement No. 5 for portions of TM 23100, TM 23101, TM 23103 and TPM 28503 proposed (formerly TPM 23102), within Specific Plan No. 199 Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ArtOPT the Negative Declaration for Planning Application No. PA97-0030; and AnrtPT Resolution No. 97- recommending approval of Planning Application No. PA97-0030 to the City Council, based upon the Analysis and Findings contained in the Staff Report and subject to the attached conditions of approval. APPLICATION INFORMATION APPLICANT: Bramalea California, LLC REPRESENTATIVE: Brian Johnson PROPOSAL: A Request for Approval of an Amendment and Restatement of Development Agreement No. 5 for portions of TM 23100, TM 23101, TM 23103 and TPM 28503 (proposed - formerly TPM 23102), within Specific Plan No. 199 LOCATION: West of Butterfield Stage Road, north of Rancho California Road, east of Meadows Parkway (existing and future) adjacent to La Serena Way EXISTING ZONING: SP (Specific Plan) R:~TAFFRFI'~30~A~7.IN31 4/16/9~ mf ]. SURROUNDING ZONING: Noah: South: East: West: VL (Very Low Density Residential, .2-.4 dwelling units per acre) and LM (Low Medium Density Residential, 3-6 dwelling units per acre) SP (Specific Plan) County of Riverside (A-1-10, R-R) SP (Specific Plan), LM (Low Medium Density Residential, 3-6 dwelling units per acre), PI-(Public Institutional) PROPOSED ZONING: N/A GENERAL PLAN DESIGNATION: Low Medium Density Residential (3 to 6 dwelling units per acre) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: Single Family Residences/Vacant Single Family Residences Single Family Residences/Wineries/Vacant Single Family Residences/Elementary School/Vacant PROJECT STATISTICS Number of Lots: Existing Development Agreement Fee: Proposed Development Agreement Fee: Three hundred-nine (309) $5,472.00/Unit $3,590.00/Unit BACKGROUND On November 7, 1988, Development Agreement No. 5 was executed by the County of Riverside for the Margarita Village Specific Plan (S.P. 199) which included Tracts 23100, 23101, 23102 and 23103. Bramalea California, LLC has approached the City to execute an Amendment and Restatement of this Development Agreement to reduce the Development Agreement fees. PROJECT DESCRIPTION The Amended and Re-Stated Development Agreement ('Agreement") has a duration period of ten (10) years and applies to Tracts 23100, 23101, 23103 and 28503. The Agreement will cover three hundred nine (309) single-family lots. The terms of the Agreement allow for an Interim Public Facilities Fee of $3,590.00 per unit to be paid for the first five (5) years of the Agreement. After this period, the developer will either continue to pay the Interim Public Facility Fee of $3,590.00 or such other Public Facilities Fee adopted by the City for other residential projects. R:~'rAFIaR.PT~0PA97.1~CI 41](~97 mf 2 ANALYSIS The existing Development Agreement No. 5 fee includes the following fees: Public Facilities Fee Regional Parkland Fee Habitat Conservation Fee Public Services Offset Fee $2,420.0O $447.00 $332.00 ~?.773.00 Total Development Agreement Fee $5,472.00 As a result of the reduction in the Development Agreement Fee, the City will receive $1,109,310.00 1309 lots at $3,590.00 per lot), which might otherwise have not been received due to the project being unable to develop at the higher impact fee. Tentative Tract M~n No. ~R50.~ (PI-nni~g Ar~plic~tion No. The proposed Amendment and Restatement to Development Agreement No. 5 includes 309 lots. Thirty-seven (37) of these lots are within Tentative Tract Map No. 28503 (Planning Application No. PA97-0033); which is to be considered by the Planning Commission on the same evening as this item. Tentative Parcel Map No. 23102 (TPM 23102) was previously approved at this same location: however the map expired in 1995. Outside of some minor modifications, Tentative Tract Map No. 28503 (Planning Application No. PA97-0033) is essentially the same map as TPM 23102. It is the intent of the Amendment and Restatement to Development Agreement No. 5 to include the area within Tentative Tract Map No. 28503 (Planning Application No. PA97-0033). EXISTING ZONING AND GENERAL PLAN DESIGNATION This project is consistent with the General Plan since the General Plan currently designates the site as Low Medium Density Residential and the approved development project which is implemented by this Development Agreement is consistent with this designation. This project is consistent with Specific Plan No. 199, since the development project which is implemented by this Development Agreement meets all the requirements of this Specific Plan. ENVIRONMENTAL DETERMINATION A Initial Study was prepared for this project and it revealed no significant impacts. Therefore, Staff recommends adoption of a Negative Declaration. SUMMARY/CONCLUSIO NS The Amended and Re-Stated Development Agreement ("Agreement") has a duration period of ten (10) years and applies to Tracts 23100, 23101, 23103 and TPM 28503 proposed (formerly TPM 23102). The Agreement will cover three hundred nine (309) single-family lots. The terms of the Agreement allow for an Interim Public Facilities Fee of $3,590.00 per unit to be paid for the first five (5) years of the Agreement. After this period, the developer will either continue to pay the Interim Public Facility Fee of $3,590.00 or such other Public Facilities Fee adopted by the City for other residential projects. As a result of the reduction in the Development Agreement Fee, the City will receive $1,109,310.00 which might otherwise have not been received due to the project being unable to develop at the higher impact fee. FINDINGS The Amendment and Restatement of Development Agreement No. 5 is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of Low Medium Density Residential. The Amendment and Restatement of Development Agreement No. 5 is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property subject to the Development Agreement is located as the Development Agreement provides for single family homes. This Development Agreement is consistent with good planning practices by providing for the opportunity to develop the Property consistent with the General Plan. The Amendment and Restatement of Development Agreement No. 5 is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of housing opportunities compatible with the remainder of the City. The Amendment and Restatement of Development Agreement No. 5 will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600°) of the property as shown on the latest equalized assessment roll. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or by diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies. R:~.STAFPRFI'~0PA97.PCI 4116,'97 mf 4 The Amendment and Restatement of Development Agreement No. 5 comiclies with the goals and objectives of the Circulation Element of the General Plan. The traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed. The Amendment and Restatement of Development Agreement No. 5 complies with requirements of the zoning district in which the applicant proposes to develop in that the Sl~ecific Plan zoning of Low Medium Density Residential is consistent with the Low Medium Density Residential General Plan Land Use Designation. The benefits that will accrue to the people of the City of Temecula from this legislation and this Amendment and Restatement of Development Agreement No. 5 are as follows: City and Owner acknowledge that development of the Project will result in: a. Generation of municipal revenue; b. Construction of public infrastructure facilities; Go Enhancement of the quality of life; including residential opportunities for present and future residents of the City; d. The opportunity for an adjacent residential-commercial project creating significant job opportunities, sales tax and ad valorem tax revenues for the City; e. Payment of Public Facilities Fees (fire and traffic signal mitigation); and, fo Participation in special assessment districts to finance City and regional infrastructure improvements. Attachments: PC Resolution No. 97- - Blue Page 6 A. Conditions of Approval - Blue Page 10 Ordinance No. 97- - Blue Page 12 Initial Environmental Study - Blue Page 17 Proposed Amendment and Restatement of Development Agreement No. 5 - Blue Page 27 Exhibits - Blue Page 28 A. Vicinity Map R:~'TAFFiti~0PAg'/.IN~I 4114/97 mJ ~5 ATTACHMENT NO. 3 INITIAL ENVIRONMENTAL STUDY CITY OF TE1HEC~ Environmental Checklist 1. Project Title: Lead Agency Name and Address: Contact Person and Phone Number: Project Localion: Project Sponsor's Name and Address: G~n~ Plan Designation: 7. Zoning: 8. Description of Project: Surrounding Land Uses and Setting: Other pubhc agencies whose approval is required: Planning Application No. PA97-0030 (Amendment and Restatement of Development Agreement No. 5 for portions of TM 23100, TM 23101 and TM 23103) City of Temecula, 43200 Business Park Drive, Temecula, CA 92590 Iv'mtthew Fagan, Associate Plannet (909) 694-6400 C_~ located west of Butterfield Stage Road, north of Rancho California Road, east of Meautows Parkway (existing and funsre) adjac~t to La Serena Way Bramal~ California, LLC 23333 Avertida ia Cam Coto d~ Caza, CA 92679 LM (Low-Medium Dmsity l~id~ntial - 3-6 dwelling units per acre) and VL (Vety-low Dt~sity Resideatial - .2-.4 dwelling units pet acre) SP (Margarita Village Specific Plan) Amendment and Restatement of Development Agreement No. 5 for portions of Speeific Plan 199 (Margarita Village Specific Plan) Single family residences to the north, south, can't and west None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, revolving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following page. Land Use and Planning [ ] Hazards Population and Housing [ ] Noise Geologic Problems [ ] Public Services Water [ ] Utilities and Service Systems Air Quality [ ] Aesthetics Transportation/Circulation [ ] Cultural Resources Biological Resources [ ] Recreation Energy and Mineral Resources [ ] Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: I find that the proposed project COULD NOT have a siL-,nificant on the environment, and a NEGATIVE DECLARATION will be prq)ared. Signature Dat~ Printed Name ISSUES AND $UPPORTINO 11~ORMATION SOURCES No LAND USE ~ PLANNING. Would the proposal: a. Conflict with general plan designation or zoning? b, Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c. Be incompatible with existing land ~ in the vicinily? d. A~ect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? e. Disrupt or divid~ th~ physical arrnngem~nt of an estnbli.~ed commtmily (i!l~111dhlg 1ow-i!lc~l~ or minnril~ c~llmtlllily)? POPULATION AND HOUSING. Would be proposal: & Cumulatively exceed official regional or local population projects? indirectly (e.g. through project in nn undeveloped area or ex-,~n.sion of major infrnsm~nn-e)? ¢. Displace existing housing, especially affordable housing? GEOLOGXC PROBLEMS. Would the proposni result in or expose people to potenttnl impacts involving? ~ Fault rupture? Seismic ground shaking? Seismic ground f~dlm-e, including liquefaction? Seiche, tsunami, or volcanic hazard? Landslides or mudflows? Erinion, changes in topography or unstable soil conditions from excavati~, grading or ill? Subsidence of the land? Expansive soils? Unique geologic or physical features? [] 1] [] [] [] [] [3 [1 [] [] [] [] [] [] [] [1 [] [] [1 [1 [] [] [] [1 [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] £] [1 [1 [] [] [] [] [] [1 [1 [] [] IX] R:'~ST~A~7.1mcI 4/14/~7 m~ 20 ISSUES AND SU?POR'I'ING ]N'FORMATION SOURCES 4. WATER. Would the proposal result in: a. Changes in absorpt/on rates, drainage patre'ns, or the rate and mount of surface runoff? b. Exposure of people or property to water related b~ards such as flooding? Discharge into surface waters or other alterat/on of surface water quality (e.g. temperature, d/ssolved oxygen or turbidity)? d. Changes m the amount of sudace water m any wster e. Changes m currents, or the course or direct/on of water movements? f. Change m the quantity of ground waU:rs, either through of an aquifer by cuts or excaw6ons or through subsumt/al loss of groundwater teabarge capabil/ty'? Altered d/rect/on or rate of flow of groundwat~? Impnets to groundwater quality? I. Substant/al reduct/on in the amount of groundwater oth~rw/se ava/]able for pub]/c water supplies? 5. A~ QUALITY. Would the proposal: & Violate any air quality sutndard or contribute to an ex/stmg or projected air qual/ty violation? b. Expose sensit/ve receptors to polluumts? c. Alter a/r movement, mo/sture or temperature, or cause any change in climate? d. Create objectionable odors? TRANSPORTATION/CIRCUX~TION. Would the proposal result in: ~. Increase vehicle ~ips or trnffic congestion? b. Hazards to safety f~om design features (e.g. sharp curves or dangerous totersection or incompatible uses)? [1 [1 [] IX] [] £] [] [] [] [] Ix] [] [] [] IX] [] [] [] Ix] [] [] [] IX] [] [] [] [x'J [] [] [] t-x] [] [] [] Ix] [] [] [] lx'] [] [] [] Ix] [] [] [] [x] [] [] [] IX] [] [] [] Ix] [] [] [] Ix] R:'~TAFt:RFFk30PA97.1~CI 4/14/97 mf 21 AND SUPPORTINO INFORMATION SOURCES $i8~5mm No c. Ina~quat~ emergency access or access to nearby uses? d. Insu~ciont parking capacity on-sit~ or off-si~? e. Hazard~ or barnors for ped~'~ans or bicyclists? f. Conflicts with adopiti polici~ supporting alt~'mafive transportation (e.g. bus turnouts, bicycle racks)? g. Rail, waterborne or air traffic impacts? ?. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a. Endangered, threaumed or rare species or their habitats (including but not iimit~ to plants, fish, insects, animals and birds)? b. Locally d~signatcd species (e.g. hcntage trees)? c. Locally d~igna~ natural communities (e.g. oak forest, coastal habitat, etc.)? d. Wetland habitat (e.g. marsh, riparian and vernal pool)? e. Wildlife dispersal or migration corridors? 8. ENERGY AND MINERAL RESOURCE~ Would the proposal: a- Conflict with adopted cne~gy conservation plans? b. Use non-renewal resources in a wasteful and in~icient mannn'? c. Result in the loss of availability of a known mineral resource that would be of future value to the region and the resid~ts of the State? 9. HAZARDS. Would the proposal involve: a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemical or radiagon)? b.Possible interference with an emergency response plan or emergency evacuation plan? c. The creation of any h~dth hazard or potential health hazard? [] [] [] [] [] [] [] [] [] IX'/ [] [) [] pc] [] [] [] IX] [] [] [1 pc] [] [] [1 pc] [] [] [] l'Xl [] [] [] Ix] [] [] [] [] [] [] IX] [] [] [] P<I [1 [] [] IX1 [] [] [] fx3 ISSUES AND $UPPORTINO INFORMATION SOURCES $isnifi~nt P~y $isnif~nt No d. Exposure of people to ~istmg sources of potential health hazards? e. Increase fire hazard in areas with flammable brush, 10. NOISE. Would the proposal result in: a. Increase in existing nois: levels? b. Exposure of people to severe noise levels? I1. PUBLIC SERVICES. Would the proposal have sn effect upon, or result in a need for new or altered government servleef in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Maintenance of public facilities, including roads? ¢. Other governmental services? 12. UT!I,1TIES AND SERVICE SYSTEMS. Would She proposal result in · ueed for new systems or mupplies, or substm~tial ~lteratiom to the following utilities: ~ Power or natwal gas? b. Communications systems? c. Local or regional water treatment or distribution facilities? d, Sewer or septic tanks? e. Storm water drainage? f. Sohd waste disposal? g. Local or regional water supplies? 13. AESTHETICS. Would the proposal: ·Affect a scenic vim or sc,mic highway~ [] [] [] l'x] [] [] [] [] [] [] IX] [] [] [] Ix] [] [] [] lxJ [] [] [] t'xJ [] [] [1 t~ [] [] [] [] [] [] IX] [] [] [] IX] [] [] [] ~ [] [] [1 ix] [] [] [] IX] [1 [] [1 IX] [l [] [l ['X'l [] [] [1 lX'] [] [] [] IX] R:LS'T~0PA97.PC*I 4114/W/m~ ISSU~ AND $UPPORTIHO INFORMATION SOURCE~ NO 14. b. H~ve a &m~s~rable negative aea~heti~ effect? c. Cre~ light or ~hre? CULTURAL RESOURCES. Would the proposed: a. Disturb paleontological resources? b. Disturb archaeological resources? c. Affect his~nical rmourc~? d. Have ~he potential to cause a physical change which would affect unique e~c cultural values? e. Rcswict existing religious or sacred uses within the potmtial impact area? 15. RECREATION. Would the proposal: a. Inc~.a~ the demand for aeighborhood or regional parks or otha' t~eational facilities? b. Affect existing x~'zeational oplxn'tunides? 16. MANDATORY FINDINGS OF SIGNIFICANCT~. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fiah or wildlifc population to drop below Self-~n~ain/ng levels, threaten to · 'hminate a plant or animal community, reduce the number of r~n'Wt the range of a rare or endangered plant or animal or eliminn~ importer e'xample~ of~ major pea'iod~ of Califor!~ hi~Ol~ or prehistory~ b. Doe~ the project have the pot~-ntial to achieve short-term, to the disadvantage oflong-t~m, environmea~l goals? Does U~ project have impacts that area individually llmitt~l, but ~umulatively coasidtarable? ("Cm~ulatively consid~able' means that the iacnna~tal effects of a project ~ considerable when viewed in c~nae~im with the effects of past projects, the affects of oO~er current projects, and the ~ff~ts of probable ~uture projecU). Does the project have mviwnmmtal ~ec~s which wil/ cause substantial adverse affects on human b~in?~ ~ith~r [1 [] [] [] [] £] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] f] [] [] [1 [] [] [] [] [] [] [] [] [] [] [] [] [] 17, EARL!~.R ANALYSES, Enviromncntal Impact Report No. 202. Impacts were adequately SOURCES I. City of Temeculn General Plan. 2. City of Tcmecula General Plan Final Environmental Impact Report. DISCUSSION OF THE ENVIRONMENTAL IMPACTS The project is an Amendment and Restatement of Development Agreement No. 5 for portions of Specific Plan No. 199 (Margarita Village). The main amendment to the Development Agreement is reducing the amount of the payment of Public Facility Fees to the City of Temecula. The Amendment and Restatement of Development Agreement No. 5 will not create any impacts upon the environment. The overall project (Specific Plan No. 199 - Margarita Village) was analyzed in Environmental Impact Report No. 202. Any mitigation measures recommended in EIR No. 202 will remain applicable to the project. Further, mitigation measures are contained in the conditions of approval for TM23100, TM23101, TM 23103 and any subsequent extensions of time and/or rephasing of these projects. A'i-I'ACHMENT NO. 4 PROPOSED AMENDMENT AND RESTATEMENT DEVELOPMENT AGREEMENT NO. 5 ATTACHMENT NO. 5 EXHIBITS CITY OF TEMECULA L£G£ND PARCEL PARCEL PARCEL I PLANNING APPLICATION NO. PA97-0030 (DEVELOPMENT AGREEMENT) XHIBIT- A VICINITY IIPLANNING COMMISSION DATE - MAY 5, 1997 MAP R:~T~0PA~7.1~2 4/29/97 mf ATTACHMENT NO. 3 PLANNING COMMISSION MINUTES MAY 5, 1997 R:\STAFFRPT\30PA97.CCI 5/15/97 mf '1 2 PLANNING COMI~ISSION MAY 5, 1997 Commissioner Slaven asked if an access sidewalk could be put in alongside the drainage culvert easements between Lots 10 and 11 and 11 and 13. Mr. Johnson stated it is doubtful homeowners will want maintenance crews going through that area. Commissioner Soltysiak inquired about the type of fencing for individual lots while allowing access. Mr. Johnson stated fencing is at the top of the slope for access directly off the street; and fencing in the area under discussion would be along the toe of the slope or adjacent to the terraced drain. Chairman Fahey closed the public comment section at 6:33 PM. Commissioner Soltysiak stated it is a 2:1 slope so it has to be accessed by foot and it is not unusual for the refuse bags and equipment to be handcarried. Commissioner Slaven said plant material needs to be low maintenance, such as ice plant which is also fire retardant. Commissioner Miller commented he thinks the project is overdense given its proximity to Meadowview. Ms. Donahoe stated Planning Area 2's smallest lot is 8,200 sq. ft., with a majority in the 10,000 sq. ft. range, and the Specific Plan labels Area 2 as the buffer area between Meadowview and Temeku Hills Specific Plan. It was moved by Commissioner Slaven, and seconded by Commissioner Webster, to adopt Resolution No. 97-Next approving PA97-0033, based upon the Analysis and Findings contained in the Staff RepOrt; to approve Planning Application No. PA97-0033, subject to the attached Conditions of Approval as corrected; and to close the public hearing. The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahey None None Planning Application PA97-0030 (Amendment and Restatement to Development Agreement No. 5) Associate Planner Matthew Fagan presented the staff report. Chairman Fahey opened the public hearing at 6:45 PM. Brian Johnson, 23333 Avenida la Caza, Coto de Caza, CA, applicant, stated he agreed with the Conditions of Approval and asked that the development fee be left open in the event a lower fee is approved by the City Council on May 8, 1997. Assistant City Attorney Estrada recommended the Commission not make any changes to the fee because the matter will come before the City Council and Mr. Johnson can bring up the issue at that time. PLANNING COMMISSION MAY 5, 1997 Chairman Fahey closed the public comment section at 6:48 PM. Chairman Fahey clarified the attorney's recommendation is for the Commission to review the development agreement as written and if the City Council makes a different decision, it can be incorporated into the language before the final agreement is approved by the City Council. Principal Engineer Parks clarified the 309 lots in the packet is incorrect and the staff report and approval should be based on 305 lots. It was moved by Commissioner Miller, and seconded by Commissioner Slaven, to adopt the Negative Declaration for Planning Application No. PA97-0030; to adopt Resolution No. 97-Next approving recommending approval of Planning Application No.PA97-0030 to the City Council, based upon the Analysis and Findings contained in the Staff Report and subject to the attached Conditions of Approval; to correct documents to indicate 305 lots; and to close the public hearing. The motion carried as follows: AYES: 5 NOES: 0 ABSENT: 0 COMMISSIONERS: Miller, Slaven, Soltysiak, Webster, Fahey COMMISSIONERS: None COMMISSIONERS: None Chairman Fahey called a recess at 6:51 PM and reconvened the meeting at 6:58 PM. 6. Planning Application PA97-0007 (Development Plan Commissioner Soltysiak stated he is a consultant to the applicant and he stepped down from the dais. Project Planner Carole Donahue presented the staff report. Commissioner Webster asked if the 6' wall around the parking area on the west side is consistent with the Police Department's requirements to have hedges and planters no higher than 3'. Ms. Donahue answered the Police Department's letter of January 29, 1997 stated they wanted landscaping down to a low level for visibility from the street. The wall forms a secured area with gates locked during nonbusiness hours. Commissioner Miller questioned whether or not storage areas are planned. Ms. Donahue replied there is no proposed storage area. Chairman Fahey opened the public hearing at 7:04 PM. Dean Davidson, 28441 Rancho California Road, Suite A, representing the applicant, stated the applicant agrees with the Conditions of Approval. Chairman Fahey asked for clarification regarding planned storage areas. Mr. Davidson replied there are no plans for outside storage areas and the second gate was required by the Fire Department. ITEM 22 APPROVAL CITY ATTORNEY FINANCE DIRECTOR ~'~,,~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: City Manager/City Council Anthony J. Elmo, Chief Building OfficiaP~. DATE: May 27, 1997 SUBJECT: Award of Professional Services Agreement for Weed Abatement Services RECOMMENDATION: That the City Council approve a Professional Services Agreement, for Weed Abatement Services, with Fire Protection Services, Inc. DISCUSSION: On April 22, 1997, the City Council approved the issuance of an R FP for Weed Abatement Services. The RFP was distributed to eight (8) contractors, including local contractors currently involved with the City's Weed Abatement Program. The City Clerk's office recorded the submittal of five (5) responses to the RFP. During the past several years, the Code Enforcement Division staff has found it more difficult to manage the Weed Abatement Program, and their regular code enforcement duties during the period of weed abatement. In issuing an RFP, it is our desire to obtain the services from a qualified firm to perform the annual weed abatement activities with code enforcement staff continuing in the program management role. The Contract activities involve the inspection, posting, noticing of property owners by mail and the forced abatement of weeds on vacant parcels within the city. Collection of costs for forced weed abatement will be handled by the contractor. The City will process any recordation of special assessments as a result of non- payment of forced abatement costs along with the appropriate administrative fees to cover recordation costs. Further, it was our desire to increase the level of Code Enforcement service at no cost to the City by utilizing an independent firm. Fire Protection Services, Inc., was the highest ranked firm based upon their response to the RFP. Fire Protection Services, Inc., has proposed to do the weed abatement services for the City at no cost to the City. The firms responding to the RFP are as follows: 2. 3. 4. 5. Zamiski Construction, Temecula, CA Bill Baldwin Tractor Work, Murrieta, CA Hazit Hollar Tree Trimming and Removal, Temecula, CA Tony Severtson Lawn Service, Perris, CA Fire Protection Services, Inc., Alpine, CA FISCAL IMPACT: The fiscal impact to the City with this agreement will be the cost incurred for the recording of any Special Assessments against parcels for forced abatement costs. There are currently adequate funds in, Account No. 001-162-999-5440 "Weed Abatement", for this purpose. No further funds will need to be appropriated for this program. Attachments: Exhibit "A" Exhibit "B" r:\brockmei\agenda\weed CITY OF TEMECULA AGREEMENT FOR WEED ABATEMENT SERVICES THIS AGREEMENT, is made and effective as of May 27, 1997, between the City of Temecula, a municipal corporation ("City") and Fire Protection Services, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: SECTION 1. TERM. This Agreement shall commence on May 27, 1997 and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 27, 1998, unless sooner terminated pursuant to the provisions of this Agreement. SECTION 2. SERVICES. Contractor shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. SECTION 3. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. SECTION 4. PAYMENT. a. Contractor shall be responsible for the collection of fees, as outlined in Exhibit B, of this agreement, for any services rendered in connection with its performance of this Agreement. b. Contractor shall invoice property owners directly for forced abatement services performed in accordance with the performance of this Agreement. City shall not be responsible for payment of such invoice. c. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor, at the time City's written authorization is given to Contractor for the performance of said services. - 1 - Revised 9/18/95 d. The City shall record a "Special Assessment" against certain parcels for non-payment of forced abatement costs to Contractor upon request, accompanied by appropriate documentation of same. City shall charge an appropriate administrative fee for such recordation filing. e. The City, upon receipt of Special Assessments from the County Assessor, shall reimburse said Special Assessments to contractor, less city administrative fees assessed for recordation. SECTION 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. 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 contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor 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 Contractor will submit an invoice to the City pursuant to Section 3. SECTION 6. DEFAULT OF CONTRACTOR. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (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 -2- Revised 9/18/95 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. SECTION 7. OWNERSHIP OF DOCUMENTS. Contractor 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. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor 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. 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 Contractor. With respect to computer files, Contractor 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. SECTION 8. INDEMNIFICATION. The Contractor 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 Contractor's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. SECTION 9. INSURANCE REQUIREMENTS. Contractor 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 Contractor, its agents, representatives, or employees. -3- Revised 9118195 Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Errors and omissions liability insurance appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 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. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease. (1) Errors and omissions liability: $1,000,000 per occurrence. 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 Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed -4- Revised 9/18/95 by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. For any claims related to this project, the Contractor'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 Contractor's insurance and shall not contribute with it. 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. The Contractor'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. 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. SECTION 10. INDEPENDENT CONTRACTOR. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of -5- Revised 9118195 Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor 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. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. SECTION 11. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. SECTION 12. RELEASE OF INFORMATION. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, 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 Contractor gives City notice of such court order or subpoena. Contractor shall promptly notify City should Contractor, 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 Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by -6- Reviaed9/18/95 Contractor. 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. SECTION 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 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Fire Protection Services, Inc. P.O. Box 2012 Alpine, CA 91903-2012 SECTION 14. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only contractor shall perform the services described in this Agreement. Contractor may use assistants, under their direct supervision, to perform some of the services under this Agreement. Contractor shall provide City fourteen (14) days' notice prior to the departure of assistants from Contractor's employ. Should he or she leave Contractor'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, Contractor'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 Contractor. SECTION 15. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. -7- Revised 9118/95 SECTION 16. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this 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. SECTION 17. PREVAILING WAGE REQUIREMENTS. In accordance with the provisions of the California Labor Code, not less than the general prevailing rate of per diem wages by each craft or type of worker needed to execute the contract in the locality in which the work is to be performed, as determined by the Director of Industrial Relations of the State of California, shall be paid to all worker employed. Contractor shall be responsible for all reporting required by the Labor Code and for all remedies and penalties imposed by the Labor Code and/or the Director of Industrial Relations for violations of these requirements. SECTION 18. SPECIAL PROVISIONS. The following special provisions shall be applicable to the work of the Contractor in addition to the provisions set forth in Exhibit A: Contractor shall not begin weed abatement work on a parcel of property without the express written determination of the Director of Building and Safety, or his designee, that the work should proceed. Contractor shall not provide weed abatement services on a private contract basis with the owner of any parcels of property which the Contractor, or its employees, will inspect as part of its duties under this Agreement, or which would be subject to the City's weed abatement program. SECTION 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is -8- Revi.sed9/18/95 entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. SECTION 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Attest: Mayor June S. Greek City Clerk Approved As to Form: Peter M. Thorson City Attorney Contractor FIRE PROTECTION SERVICES, INC. By Revised 9118/95 EXHIBIT A TASKS TO BE PERFORMED Program Informaft on: SCOPE: The Program consist of identifying vacant parcels that contain hazardous vegetation and the processing of these parcels for abatement, in accordance with all applicable federal, state and local laws, rules, regulations, ordinances and permits issued pursuant thereto. Abatement is generally accomplished in two (2) ways. The first is by voluntary abatement by the parcel owner, and second is forced abatement which is done by City contractors. The consultant will be responsible for identifying and posting vacant parcels, (consisting of installing on site a wooden stake with an abatement notice attached), and mailing the property owner the abatement notice, (via certified mail). Following the expiration of the allotted abatement period, performing follow up inspections to determine if compliance has been achieved. The Director of Building and Safety shall determine which parcels shall be abated by the contractor. Abatement shall comply with the requirements of the Specifications, Exhibit A. The Contractor shall be responsible for collection of abatement costs by directly invoicing all parcels where forced abatement has occurred. Contractor shall document all costs of abatement and prepare necessary documents and reports for the costs assessment hearings for all parcels where payment of forced abatement costs have not been received. Such parcels are then assessed, by the City, a "Special Assessment" for the cost of the abatement work along with an appropriate administrative fee. The program will be monitored by the Code Enforcement staff which will be available to assist with problems or questions. EXHIBIT A SPECIFICATIONS DISCEgG- Weed abatement by discing shall be accomplished by discing with a double-throw disc at sufficient depth to place all weeds under the surface. Discing is the plowing of weeds using reasonable care so as to not disturb under/over ground utilities, destruction to fencing, trees, bushes, buildings, equipment, supplies or adjoining land, including fire due to reckless/negligent discing of land. Wherever practical and unless otherwise specified, discing is to be considered the primary method of abating weeds. 1. Cross Discing- Where the nature of the soil is such that it is not receptive to the cutting edge of the discs, the area shall be cross disced to reduce the magnitude of any exposed combustibles. 2. Special Discing Conditions- Where the nature of the soil is such that it is not receptive to the cutting edge of the disc being used and where the cross discing fails to meet the standards of the Hazardous Reduction Program, it shall be the responsibility of the finn to provide the proper equipment to accomplish the approved cleaning. 3. Dust Control- During windy conditions, the firm shall postpone work until the wind subsides or watering is provided to minimize blowing dust. EQUIPMENT- The Firm selected shall furnish tractors, discs, mowers, ere in all areas suitable to complete the job of discing property. The firm shall provide transportation to and from the job sites, for his equipment and all necessary fuel, etc., at his own expense. Flail mowing may be necessary in areas where environmental concerns won't allow discing. EXHIBIT A PAGE TWO Qualified Personnel/operators- All personnel involved in this program, must be a Fire Certified Inspector and a qualified, cooperative, experienced tractor operator. All tractors and other equipment will be maintained by the firm at their expense and on his own time. Fire Fighting Safety Equipment- All tractors are to be equipped with an approved spark arrestor when not equipped with turbo charger and also approved 2 ½ gallon pressurized water type fire extinguisher and shovel. Disc- Unless otherwise approved by the Hazard Reduction Program Manager, the disc used shall be hydraulically controlled. It shall be able to turn easily and maneuver in small areas. It shall be heavy duty and capable of accomplishing a thorough mixing of soil and weeds. The disc must be in good mechanical conditions. Transport Truck- The truck (transport) for hauling the tractor and disc shall be of suitable size and horsepower to easily maneuver and negotiate all terrain traveled to reach the job suites. Transports will have a tilt type for easy loading and unloading. All equipment must meet highway specifications and safety regulations. Trucks will be in good mechanical condition and will be operated and maintained at the expense of the firm and at a time before or after working hours. Flagman- If required or necessary for any reason, the firm will furnish, at no expense to the City, flagpersons for loading and unloading of equipment. The only equipment allowed will be tractors with discs, with the exception of those areas which will require different equipment as necessary. The ChiefBuildinf Official or the City Code Enforcement Officers will advise contractors/consultants where the mowing or other methods will be allowed, The use on non-authorized equipment or methods will result in non- payment by the City. STANDARD FOR CLEARING- The purpose of removal is for the reduction of fire and safety hazards and will be accomplished by turning under and mixing weeds with the soil or by mowing, hauling, trimming, and grubbing using manual labor or by any combination of methods that are approved and included in the scope of the contract. All clearing must meet the specifications of the Hazard Reduction Program and must be approved in writing by the program representative. Method of Clearing- Five (5) acres and less will be cleared completely. Where the acreage consists of more than five (5) contiguous acres, a one hundred (100) foot wide strip shall be cleared at the perimeter of the property, and through the remainder of the property there shall not be any portion of land larger than two and one-half (2- ½) acres which is not enclosed by itself within such a strip, which shall be a fire break. If the clearing is made to the letter of the herein stated standard, the payment would be based on fifty (50) percent of the total square footage. It may be determined that only a portion of a parcel exceeding five (5) acres needs to be cleared to adequately provide the necessary fire protection to the surrounding improvements. In these cases, payment would be based on actual square footage disced. Tumbleweed Abatement- The firm will also be used in tumbleweed abatement in all areas during the months of August through October. STATE OF CALIFORNIA FIRE PREVENTION CERTIFIED Fire Prevention Services, Inc. SCHEDULE OF FEES 1. Tractor Mowing 2. Discing Hand Labor 4 Dozer Operation 5. Debris removal 6. Excavator Administrative fee 8. Attorney Fees (per City Of Temecula standards) a. 1 sq fl. to 7,500 sq. fl. b. 7,001 sq. ft. to 15,000 sq. fl. 15,001 sq. fl. to I acre. d. per sq. fl. over I acre $ 200,00 $ 275.00 $ 375.00 $ .015 (per City Of Temecula standards) a. 1 sq. ft. to 7,500 sq. ft. b. 7,001 sq. fl. to 15,000 sq. ft. 15,001 sq. ff to 1 acre. d. per sq. ft. over 1 acre $ 250.00 $ 325.0O $ 400.0O $ .018 (per City Of Temecula standards) a. per square foot of area $ .08/sq. fl. a. hourly rate b. move on fee $ 75.00 $ 75.00 (includes hauling, burning & chipping) a. per cubic yard $18.00/cu. yd. ($250.00 per parcel min) a. per square foot $ .08/sq. ft. 10, 11. (when forced abatement is required) a per parcel $ 150.00/ea. (when required) a. per parcel $ Statutory Miscellaneous Fees (discretionary *) a. special inspection $ 54.00 Fee to the City of Temecula $0 Fee increases Fees will be reviewed during the renewal of Contract process and will be subject to modification based on multiple criteria. This may include changes in the labor market, fuel prices, cost of living and insurance rates. see attachment titled Special Inspections P O. Box 2012: Alpine, CA 91903-2012: (619)562-1058: Fax (619)445-6336 DEPARTMENTAL REPORTS APPROV~'I'I~,~ ~ ~"" CITY ATTORNEY /) vvcz,', DIRECTOR OF FINAN~'E CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/Ci[y Council Gary Thornhill, Co" m~unity Development Director May 27, 1997 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 1997: Caseload Activity: The Department received 37 applications for administrative cases and 7 applications for public hearing cases for the month of April. The following are the public hearing cases: Parcel Map-Res no Waiver 1 Development Plan Subject to CEQA 3 Conditional Use Permit 1 Parcel Map-Schedule E/sewers 1 Parcel Map-commercial/industrial w/improvements 1 Total 7 Attachements: List of Projects with Detail - page 2 Revenue Status Report - page 7 R:qMONTI-ILY. RPT~ 1997~t~PRIL. WPD 5/19/97vgw ] ATTACHMENT NO. 1 LIST OF PROJECTS R:~VIONTHLY.RPT~ 199~APRIL. WPD 5/19/97vgw 2 Project Name (Description) Location LIST OF PROJECTS Project Meeting Number Dates Status Monte Vista - A subdivision that was formerly the Old Rancho Roses property Embassy Suites - adding 40 rooms to the north wing Vineyard Crest Subdivision - County Center Plaza - two 41,000 square foot industrial/office/warehouse facilities Superior Wholesale Tire - 17,000 square foot warehouse/o ~ce Jack in the Box Westside Business Park - Development Agreement LA Cellular - Substation Best Western Country Inn - Sign Solana Apartments - 312 units Temeku Goff Course - Development Plan/Tentative Tract Map 23371/474-residential units' Temeku Golf Course - Development Plan/Tentative Tract Map 28526/44-residential units' South side of Nicolas between General Kcarney and Via Lobo Southwest corner o f Rancho California Road and Ynez Road North of the Vineyards South side of County Center Drive South side of Avenida Alavarado, adjacent to the EMWD facilities Winchester/ Jefferson West of Diaz Road On top of the Rancon building Westside of Highway 15 north of Rancho California Road Northeast corner of Solana and Margarita Roads Northeast corner of Rancho California and Margarita Roads Northeast corner of Rancho California and Margarita Roads PA97-0101 PA97-0088 PA97-0048 PA97-0087 PA97-0007 PA96-0268 PA95-0130 PA96-0279 PA97-0065 PA96-0270 PA97-0133 PA97-0142 PA97-0143 Director's Hearing June 5, 1997 Planning Commission May 19, 1997 Approved Approved Fast Track Approved Plan Cheek Negotiations with Bill Dendy Revising construction drawings to address cortcerns Applied to raise their freeway oriented sign Site Plan being revised for a reduction in carport parking In Review In Review R:WiONTHLY.RPIM 997~APRIL. WPD 5/19/97 vgw 3 Project Name (Description) McMillian Companies - Development Plan/Tentative Tract Map 28482/372 residential units' Location Rancho California Road and Meadows Parkway Project Number PA97-0144 Meeting Dates In Review Status Texaco Express Lube and Goodyear Tire (Conditional Use Permit) - To construct and operate an automotive service complex including a 1,735 square foot Texaco Express Lube and a 4,349 square foot Goodyear Tire center (totaling 6,084 square feet of building area) on 0.78 acre site. Golden Corral -the design and construction of a 7,500 square foot restaurant building on 1.58 aores Tuscany Ridge Apts. - 220 unit luxury apartment complex on 13.8 acres Pre-Appllcatlon for Church of Jesus Christ of Latter-Day Saints - a proposed 18,745 square foot church building on a 4.45 acre pared Vanderwal Extension (TPM 26488) - map extension for a subdivision of 4.5 acres into four parcels Wallstreet Site Plan St. Catherine of Alexandria Church Expansion - to construct a 16,155 square foot sanctuary building within an existing church complex Approximately 450 feet northeast of the intersection of Winchester Road (State Highway 79 Noah) and Ynez Road (40915 Winchester Road). 27624 Jefferson Avenue immediately southeast of the intersection of Jefferson Avenue and Overland Drive. (adjacent to Wendy's) On Margarita east of Moraga On Pauba (near Green Tree Road) Southeast coruer of Calle Chapos and Walcott Lane Northeast comer o f Winchester Road and Nicolas Road Northeast of the intersection of Santiago Road and C Street (41875 C Street) PA97-0060 PA96-0317 PA97-0089 PA97-0095 PA97-0131 Planning Commission on 5-19-97 Scheduled for Planning Director's Heating on 5-22-97 Pre-Applieation Meeting Held on 4-21-97 DRC held on May 15, 1997 Pre-application meeting set for May 27, 1997 Scheduled for Pre-DRC on May 20th and DRC on May 22nd May 19th Planning Commission meeting. Has gone through several iterations with respect to improvements to site plan and architectural design. Waiting for submittal of formal application In Review In Review R:RvIONTHLY.RPT~1997~APR1L. WPD 5/19/97 vgw 4 Project Name (Description) Strouse Building Shell - to construct a 4,100 square foot retail building shell TTM 23209 Extension - map extension for a subdivision of 80 acres into 220 lots Roripaugh Ranch SP - a revised specific plan for an 800- acre master planned residential community VTTM 24182 Revision - map extension for a subdivision of 124 acres into 562 lots VTTM 24183 Revision - map extension for a subdivision of 49 acres into 151 lots Rancho Cal. Industrial Park - the construction of four buildings totaling 96,664 square feet on 6 acres Tract 26828 - Extension of Time Paloma Del Sol - specific plan amendment Location Northwest of the intersection of Winchester and Margarita Roads West of Butterfield Stage Road, east of Walcott and north and south of La Serena Adjacent to the northeast comer of the City Located on the north side of Highway 79 and the west side of Butterfield Stage Road Generally located northwest of Butterfield Stage Road and Highway 79 West o f the intersection of Rancho Way and Business Park Drive Project Number PA97-0124 PA97-0071 PA96-0258 PA96-0259 PA96-0243 PA97-0156 PA97-0158 Meeting Dates Status In Review In Review Waiting for re-submittal following meetings with the applicant's representatives and a field visit On hold waiting for the submittal of a Specific Plan Amendment On hold waiting for the submittal of a Specific Plan Amendment Waiting for resubmittal from applicant. Applicant has been informed that if he does not resubmit in the very near future the application will be brought forward with a recommendation of denial Forest City Development - Mall Project and future extension of Overland Road Murdy Ranch - Specific Plan/mixed use of 557 acres of a maximum of 2,607 units/20 acres of commercial/16 acre park/3 potential school sites Winchester/ Ynez/ Margarita Roads Pala Road PA97-0113 PA95-0095 Planning Commission June 2, 1997 Resubmitted May 17, 1997. Staff to review AduR Business Ordinance- Permanent Ordinaneewill replace the Interim Ordinance CidWide Planning Commission in July City Attorney is reviewing the dra~ Ordinance R:LMONTHLY. RPTxI997XAPRIL. WPD 5/19/97 vgw 5 Project Name (Description) Sign Ordinance South Side Specific Plan - SP to focus on land use and urban design features of existing and proposed developments Location City Wide South of Old Town Project Number PA95-0127 Meeting Dates Planning Commission at present. City Council July/August Status Planning Commission Hearings Consultant selection has been completed and the contract will be brought forward to City Council in 30 days Tract Map 26521- Extension of Time Development Plan - for a 19,330 square foot warehouse and associated office building Tentative Parcel Map 28544 - subdivide an existing 4.59 acre commercial center into four (4) parcel's Development Plan - Trash Enclosures and Loading Zones Conditional Use Permit - construct and operate an 86,557 square foot mini-storage facility with a resident manager's unit Rancho Vista and Golta Pasceo Zcvo Drive westside Business Center south side of Zero Drive west of Diaz Road North side of Rancho California Road between Lindy Lane and Moraga Drive 27230 Madison Avenue in the rear of an existing building North side of Yncz Road between Solana and Rancho California Road PA97-0147 PA97-0138 PA97-0129 PA97-0157 PA97-0127 Administrative Review Pre-DRC June 3, 1997 and DRC June 5, 1997 Pre-DRC May 20, 1997 and DRC May 22, 1997 Pre-DRC May 20, 1997 and DRC May 22, 1997 Incomplete application. Applicant received 60 days by submitting for Extension of Time. In Review In Review Administrative Review In Review Temeeula Rodeo - Temporary Use Permit North of Winchester Road and west of Diaz at the Temecula Show Grounds PA97-0155 May 24 - 25, 1997 R:LMONTHLY. RPTx1997LM~RIL. WPD 5/19/97 vgw 6 Ongoing Projects: Old Town Streetscape Improvement Prqject: Webb and Associates has developed the preliminary drawings for the Old Town Streetscape Improvement Projects. A Community meeting will be held on June 2, 1997. The Old Town Local Review Board reviewed the preliminary plan on May 12, 1997. · Temecula Shuttle: The construction of the facility is underway. Sign Ordinance: The Planning Commission has been holding public hearings since April. Final action of the Planning Commission will be in June. Southside Specific Plan: Urban Design Studio has been selected to prepare the specific plan. The contract will be brought forward to City Coundil in June. R:~VlONTHLY. RPT~1997L~PRIL.WPD 5/19/97 vgw 7 ATTACHMENT NO. 2 REVENUE STATUS REPORT R:'qvIONTHLY.RPTX1997L, s,.PRlL.WPD 5/19/97 vgw 8 9'6LL -09'OZZ'S£ Z'~9~ -00'SSZ'LZ O'OS O0'Z~L 0'0 O0'OLZ ~*~ -00'0££'0L 0'0 00'099'L 00' 00' ~ -00'00~'~ 00' O'S~ 00'000'~ 0'0 00'202'9 9'Z£L -~Z'ZZ6'~ ~ -00'9£ 0'0 00'2~6'2 0'0 00'099'2 ~ '05'295'£ Z'~S9 -00'SSB'~ 0'0 00'9S2'6 0'0 00'~2S 0'0 O0'L9Z'LL ~ 00'562 O'gZ2 -sg'ggL'Z9 0'0 00'9~z'g 0'0 O0'SEZ'S 5'62~ -00'999'9 0'0 00'gg6'OL 0'0 O0'£gg'L 0'0 00'~6£ 0'0 00'000'~ Z'Z6 O0'L~ 0'09~ -00'OB£'L ~'99£ -O~'6LL'6L 0'0 00'06S'9 2'902 -00'£62'6 O'6L 0'0 00'g9£'~ 0'69 OZ'ZS£ 00' 90D % 33NV9VB L 39Vd 09'OZZ'g£2 O0'L50'Z£ O0'ZgL 00' 00'0~~'0L 00' 00' 00' O0'00S'L 00' 00'000'9 00' S/'Lgg'L2 00'9£ 00' 00' 0S'295'£ O0'S£Z'~ 00' 00' 00' -00'562 Sg'Og6'£g 00' 00' O0'2ZS'6L 00' 00' 00' 00' 00'65~ O0'Og9'E 02'~62'92 00' O0'6BL'6L 00'592'L 00' 00' 3fiN3A3~ 26-966L 02'929'Z£ O0'SEg'& 00' 00' O0'OZ2°L 00' 00' 00' 00' 00' 00' 00' OZ'ZZS'£ 00' 00' 00' 05'g36 O0'SB~ 00' 00' 00' 00' O0'Z~g'6 00' 00' O0'ZZZ'£ 00' 00' 00' 00' 00' 00'099 00'9£2'0L 00' 00' 00'299 O0° 00' 00' 3NN3A3B lIBd¥ 00'000'002 00'963'SL 00'92£ O0'OLZ 00' O0'Ogg'L 00' 00' 00' 00' 00'000'9~ 00'202'9 00'906'§L 00' 00'256'2 00'0~9'2 00' O0'OBB 00'952'6 00'~92'LL 00' 00'2£g'9£ O0'9sz'g O0'5~Z'S O0'BOL'SL O0'£gg'L 00'26E 00'000'~ 00'OZ9 O0'00£'Z O0'£ZL'Z 00'06S'9 00'96£'6 O0'OSZ'9 O0'ggE'E O0'ZOZ 00' 31VHIIS3 031snrov 266& lI~d¥ IBOd3B snlvIs 3nN3A3B 9NINNVld )DgH3 NVld 3dV3SONV1 dVW IINR AIO ONV9 $33J NOIIYX3NNV S)~3H3 NVld 3SROH NI S33J Aanis iV~-N 3~¥3~¥ oi NOIS83A3B dV~ lOVB1 00N03 INgWgg~gV INgWdOlgA30 IBOd3B lOVdH! IN~HOBIAN3 (S3IO~IS 9¥]1INI) B31131 NOIIVHBOdNI ONINOZ 93NVIBYA 3QNVN~OJNO~ ~¥1~N¥~SgnS NWd ~N~N~snPov 1IWB3d O3SIAgB lIgB3d 3Sfi NV9d 109d ±N3NON3NV NV9d 9VB3N3O S~O3HO AON31SISNOO £INB3d 3Sfi 9VNOZ~ZaNoo 3NOZ dO 30NYHO $±INB3d l~Nfi aNOO3$ (S109+5) 3~VgBD¥ Ol NOISB3A3B (S/09 9-Z) B3OB3N 933BVd 3ONVHO BONIN /N3NISfiPOV 3NI9 109 SdVN 93~BVd SI3V~I A9INV~ 390N~S 3Nil ~0 NOISN31X3 ~3NV~9dNOO 'AZO ONV~ ~0 '±~3~ $9V3ddV dVH 9VNI~ 030N3NV NOIIdI~3S30 9NINN¥1d ONfiJ lVB]N39 9~:22:20 69~9 9029 0029 OZL9 9EL9 OZL9 6LL9 60L9 20~9 90~9 50~ 90L9 # INnO33V ~00 Z6/~O/SO ~NIBdA3~ APPROVAL CITY ATTORNEY FINANCE DIRECTOI~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer May 27, 1997 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, 1997. r:\agdrpt\moactrpt/ajp CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report MAY 1997 Submitted by: Joseph Kicak Prepared by: Don Spagnolo/t~ Date: May 27, 1997 I. WORK UNDER CONSTRUCTION: 1.1-15/Winchester Road Interchange Modifications: During the last two weeks, the contractor completed the placement of a new concrete sidewalk on the easterly and westerly sides of the bridge, installed two new street lights on the south side of the bridge, placed base material consisting of crushed rock within the new road section for the new northbound loop entrance ramp and within the new road section on the south side of eastbound Winchester Road between the southbound entrance ramp and the west side of the bridge, and installed a chain link fence on the south side of the bridge. During the next two weeks, the contractor will be installing a freeway sign on the south side of the bridge, installing an irrigation system for the new landscaping, paving the new northbound loop entrance ramp, and grinding and repaving portions of Winchester Road. The completion date for the project is September 1997. 2. Fire Station #84: The building and off-site improvements are substantially complete. In response to insufficient water main pressure in Pauba Road a domestic and fire booster pump system is being installed at the building. The domestic buster pump was installed on May 13. The fire booster pump design has been completed. Following receipt of an acceptable cost proposal, the contractor will expedite delivery and installation of the fire pump system. 3. Walcott Corridor: The contractor has completed the project, except for minor punch list items. These items should be completed by the week of May 19 upon completion of these minor items the road will be open to the general public. Once the maintenance bond and affidavit are submitted by the contractor, staff will recommend that the project be accepted by the City Council. 4. Traffic Signal at Route 79S and Margarita Road/Redhawk Parkway: This traffic signal is in full operation as of May 7. Once the maintenance bond and affidavit are submitted by the contractor, staff will recommend that the project be accepted by the City Council. 5. City Maintenance Facility: The maintenance facility is substantially complete. Maintenance staff will be moving equipment and materials during the last week in May and are scheduled to be fully operational during the first week in June. The Public Works department will recommend acceptance of the project by City Council upon receipt of close out documents from the contractor including the maintenance bond. r:\moactrpt\cip\97/may.mar Monthly Activity Report May 27. 1997 Page 2 6. Acoustic Pane!.~ at the CRC Gym: Due to the delivery of the wall acoustical panels, the project has been split up into two phases. Phase I was completed on April 15, which included the installation of the ceiling acoustical panels and the wall pads. Phase II included the wall acoustical panels installation which was recently completed on May 15. Once the maintenance bond and affidavit are submitted by the contractor, staff will recommend that the project be accepted by the City Council. 7. FY95-96 Pavement Management System: The contractor started work on May 6 by grinding the existing pavement and completed the remaining items on May 19, which included paving, traffic loops, striping, and manhole adjusting. This project included pavement reconstruction and overlays on Rancho Vista Road, Solana Way, and La Serena Way. All the work was accomplished with minimal disturbance to vehicular traffic. Once the maintenance bond and affidavit are submitted by the contractor, staff will recommend to City Council for the project's acceptance. 8. 6th Street: The concrete driveway along Mercedes Street will be poured the week of May 19 and the parking area will be cut to grade and prepared for paving. Also, the parking area light fixtures will be installed. The restroom building and the stair cases to the transportation depot pad area will be completed and the landscape irrigation mainline will be tested and the landscaping will be planted. Project completion scheduled for the latter part of May. II. BID 1. Traffic Signal at SR-79S and Bedford Court: The bid opening for this project is scheduled for May 22. This project includes construction of an interim 3-way traffic signal within the State right-of-way at the intersection of Highway 79 South and Bedford Court. 2. City Wide IntelliEent Traffic Management System (ITMS): Plans and specifications for Phase II of this project have been completed. The project will be advertised for public bid the week of May 19. This is a federally funded project which is being administered by Caltrans. Caltrans issued the necessary permits for work within their right-of- way. III. WORK IN DESIGN: 1.1-15/Rancho California Road Interchange Modifications: Caltrans (District 8) returned plan check comments to the consultant during the third week of April and the consultant will resubmit roadway plans to Caltrans when a new contract is awarded to the Canty Engineering Group (formally J.F. Davidison and Associates). Relocation of GTE facilities is required and an agreement between the City and GTE has been approved by the City Council. The project will be bid as soon as Caltrans approves and signs the plans. This project includes widening the Rancho California Bridge and providing a new northbound loop on-ramp. r:\m oactrpt\cip\97/may.mar Monthly ,4 ctivity Report May 27, 1997 Page 3 2.1-15/Overland Drive Overcrossing Improvements: Caltrans (District 8) returned plan check comments to the consultant during the first week of March and the consultant will resubmit roadway plans to Caltrans when a new contract is awarded to the Canty Engineering Group (formally J.F. Davidison and Associates). The structural plans were approved and signed by Caltrans Division of Structures. SCE will relocate the existing 115, 33, & 12 KVA overhead power lines prior to the construction of the proposed Overland Drive Overcrossing Improvements. 3. Margarita Community Park: Lighting for the two school district ball fields has been added to the project design. Once the revised plans have been reviewed by City staff the project will be put out to bid. The project includes picnic areas, a tot play area, restroom facilities, and open turf areas. The development of the two ball fields on the school district property will include two lighted tennis courts, and one lighted hockey facility and will be an add-aiternate bid item. 4. FY96-97 Pavement Management System: The consultant has completed the majority of the design and anticipates the first plan check submittal will be during the week of May 26. This project will provide street rehabilitation of Jefferson Avenue from the northerly City limits to Rancho California Road. 5. Pavement Management System Up-Date: The consultant will be evaluating the streets to obtain the physical conditions of the existing pavement and determining the surface characteristics of each road segment including cracks, potholes and pavement trenching during the week of May 26. This project will review and update the existing Pavement Management System which will include new streets which were added to the City's maintained system, preparing a new 5-year street maintenance program, and updating the computer generated City map. 6. Winchester Road & Ynez Road Street Widening: This project is Project I of the City's portion of the development agreement by and between the City and Forest City Development California, Inc. All of the Requests for Proposals were submitted by the consultants on May 19 and the City is currently reviewing the proposals. This project will design of the street widening improvements on the south side of Winchester Road between Ynez Road and Margarita Road and for the improvements on the east side of Ynez Road between Winchester Road and Overland Drive. 7. Overland Drive Street Improvements & MarEarita Road Street WideninE: This project is Project II of the City's portion of the development agreement by and between the City and Forest City Development California, Inc. All of the Requests for Proposals were submitted by the consultants on May 19 and the City is currently reviewing those proposals. This project will design of the street widening improvements on both sides of Margarita Road between Winchester Road and Overland Drive and new improvements on Overland Drive between Ynez Road and Margarita Road. r:\moactrpt\cip\97/rnay.rnar Monthly Activity Report May 27. 1997 Page 4 8. Storm Drain Improvements on the south side of Winchester Rd. btwn. Ynez Rd. & MarEarita Rd.: This project is Project III of the City's portion of the development agreement by and between the City and Forest City Development California, Inc. All of the Request for Proposals were submitted by the consultant on May 19 and the City is currently reviewing those proposals. This project will design of storm drain improvements south of Winchester Road between Ynez Road and Margarita Road. 9. ADA Improvement Project The project consists of the construction of sidewalk access and playground surface improvements to Veterans Park, John Magee Park, and Calle Aragon Park; and ADA improvements to Rancho Vista fields at the Rancho California Sports Park. First plan check has been completed and the architect is presently making the necessary revisions to the plans. The project is anticipated to bid in mid-June. 10. Winchester Creek Park The project consists of an approximately 4.5 acre neighborhood park with various improvements including restroom, basketball courts, volleyball courts, play equipment, polygon shelter, picnic tables, concrete walkways, and parking. The plans and specifications were submitted on May 6 and are presently being reviewed by staff. The proj~t is scheduled to be bid in late June. r:\rnoactrpt\cip\97/may.mer LAND DEVELOPMENT MONTHLY ACTIVITY REPORT SPECIAL PROJECTS APRIL 1997 Submitted by: Joseph Kica~ Prepared by: Ronald J. Parks Date: May 16, 1997 1. PW9§-07 - Phase I Western Bypass Corridor: The design engineers are in the process of revising the storm drain improvement plans and preparing the response to Riverside County Flood Control and Water Conservation District (RCFC&WCD) comments. The design of the traffic signal at the intersection of Front Street/State Route 79 South/Western Bypass Corridor has been completed. The latter along with the Front Street realignment improvement plans and the Eastern Municipal Water District's pump station relocation plans are included with the Interstate 15/State Route 79 South interchange improvement plans construction bid package. 2. PW95-08 - First Street Fxtension: The final design of this project will resume once the design criteria issues with Riverside County Flood Control and Water Conservation District has been resolved. 3. PW95-~6 - 6th Street Parking Project: The driveway along Mercedes Street will be prepared for paving and the parking area will be cut to grade. The irrigation mainline will be tested and the landscaping will be installed. The light fixtures are also scheduled to be installed. Project completion is anticipated in June. PW96-05 - Project Study Report (PSR) And Project Report (PR) For Ultimate Interchange Improvements at Interstate 15/State Route 79 South (I-15/SR79S): Further analysis of this project will resume once the issues with Caltrans related to vehicular levels of service associated with the proposed alternatives have been resolved, R :x,M O AC'F RPT kDEVX97XAPRIL.WP D DEPARTMENT OF PUBLIC WORKS DEVELOPMENT ACTMTY: RECORDED/ SUBMITTED APPROVED SUBMITTED PLANS CHECKED TH~S MONTH THIS MONTH LAST MONTH MAPS & DOCS. 1 1 6 GRADING PLANS 11 6 10 IMPROVEMENT PLAN 1 2 3 GRADING PERM -- 2 -- ENCRCH PERM ~ 33 ~ AND UTIL. PERM MONTHLY ACTIVITY REPORT Date Submitted: APRIL 1997 Submitted By: Prepared By: RECORDED/ YEAR-TO-DATE APPROVED LAST MONTH THIS FISCAL LAST FISCAL I 29 13 17 6 68 80 21 S 10 11 8 2 46 26 21 203 199 82 May 18, 1997 JOSEPH KICAK RONALD J. PARKS THIS CALENDAR LAST CALENDAR 7 38 16 69 FEE COLLECTION ACTIVITY: # OF HAS TOTAL FEES REVlL=WSl Fee Information: THIS MONTH LAST MONTH INSPECTIONS THIS FISCAL PLN CHECK 1) $39,613.49 $75,147.37 211 $574,287.60 INSPECTION 2) $27,749.82 $54,869.50 250 $336,478.5'7 PERMIT 3) $225.00 $275.00 m $2,400.00 DEV REVIEW 4) $7,456.00 $6~79.00 100 $52,695.82 TOTALS: $75,044.31 $136,570.87 ~ $965,861.99 TOTAL FEES YEAR-TO-DATE LAST FISCAL THIS CALENDAR LAST CALENDAR $225,398.38 $162,461.29 $130,342.72 $169,731.81 $102,773.88 $51,932.89 $3,100.00 $875.00 $1,025.00 $42,578~.4 $21,077.42 $19,012.24 $440,808.43 $287,127.59 $202,312.85 1) Acct. Codes: 2) Acct. Codes: 3) Acct. Codes: 4) Acct. Codes: 4107, 4108, 4138, 4146, 4152, 4359, 4361, 4362, 4363, 4365, 4366, 4367 4368, 4372, 4380 4386 4104, 4116, 4119, 4125, 4129, 4358, 4388 MEMORANDUM TO: ~ Joseph Kicak, Director of Public Works/City Engineer FROM: ~?/,~ Brad Buron, Maintenance Superintendent DATE: May 1, 1997 SUBJECT: Monthly Activity Report - April, 1997 The following activities were performed by Public Works Department, Street Maintenance Division in- house personnel for the month of April, 1997: III. IV. VI. VII. SIGNS A. B. C. TREES A. Total signs replaced Total signs installed Total signs repaired 35 86 1 Total trees trimmed for sight distance and street sweeping concerns 5 POTHOLES A. Total square feet of potholes repaired CATCH BASINS A. Total catch basins cleaned RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement GRAFFITI REMOVAL A. Total locations B. Total S.F. STENCILING A. 28 New and repainted legends B. 33,810 L.F. of new and repainted red curb and striping 57 0 192,265 8 4,810 R:\M AINTAIN\M OACTRPT\97~APRIL,RPT rh MONTHLY ACTIVITY REPORT - April, 1997 Also, City Maintenance staff responded to 30 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 34 service order requests for the month of March, 1997. The Maintenance Crew has also put in 40 hours of overtime which includes standby time, special events and response to street emergencies. PESTMASTER SERVICES has completed the following: · 0 S.F. of right-of-way weed control, total cost $0.00 compared to $0.0 for March, 1997. The total cost for Street Maintenance performed by Contractors for the month of April, 1997 was $22,763.68 compared to $23,062.88 for the month of March, 1997. Account No. 5402 Account No. 5401 Account No. 999-5402 $16,263.68 6,5OO.00 0.00 cc: Don Spagnolo, Principal Engineer - Capital Projects Ron Parks, Principal Engineer - Land Development Ali Moghadam, Associate Engineer-Traffic/Capital Projects R:\M AIN TAI N ~VI OACTRPT~9 7 ~APRIL.RPT rh STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of April, 1997 DATE STREET/CHANNEL/BRIDGE DESCRIPTION OF TOTAL COST ACCOUNT # WORK SIZE 5402 A PARK AVENU!= RUILDERS 04/18/97 Front Street south of 1st Street #5402 04/02/97 ORANRF COUNTY STRIPINR Main Street Bridge #5402 Remove & replace 2,772 S.F. of A.C. Total S.F. 2,772 Total A.C. 62 Tons TOTAL COST $8,500.00 Re-install existing guard rail. 04/09/97 #5402 04/14/97 #5402 04/23/97 #5402 MAPLES & ASSOCIATFS 28924 Front Street Overland Drive at Commerce Center Drive L. WILLIAMS LANDSCAPE Citywide TOTAL COST $1,480.00 Remove and replace 160 SF of AC Total S.F. 160 Total A.C. 3 Tons TOTAL COST $1,587.42 Remove and replace 675 SF of AC Total S.F. 675 Total A.C. 12 Tons TOTAL COST $3,246.26 Trimmed 23 City right-of-way trees. Total Trees 23 TOTAL S.F. TOTAL A.C. TOTAL AMOUNT ACCT #5402 TOTAL COST $1,450.00 3,607 77 $16,263.68 R:~V~AI N TAINt10ACTRPT~9 7 ~APRIL,RPT rh April, 1997 Contractors Report ACCOUNT # 5401 STREET/CHANNEL/BRIDGE MONTELEONE EXCAVATING 04~28~97 Jedediah Smith at Calle De Velardo #5401 DESCRIPTION OF WORK TOTAL COST Deletion of desilting ponds. TOTAL S.F. TOTAL A.C. TOTAL AMOUNT ACCT #5401 TOTAL COST $6,500.00 0 0 $6,500.00 ACCOUNT # 999-5402 STRFET /CHANNELIBRIDG!= NONE FOR APRIL DESCRIPTION OF WORK COST SIZE TOTAL S.F. TOTAL A.C. TOTAL AMOUNT ACCT #999-5402 0 0 $0 R:\MAINTAIN\MOACTRPT\97~PRILRPT rh DATE RECEIVED 04/02/97 04/02/97 04/03/97 04/03/97 04/04/97 04/04/97 04/05/97 04/07/97 04/08/97 04/09/97 04/09/97 04/09/97 04/03/97 04/10/97 04/14/97 04/14/97 04/16/97 04/17/97 04/17/97 04/18/97 04/18/97 04/21/97 04/21/97 04/23/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF APRIL - 1997 LOCATION REQUEST Tree concern Weeds in sidewalk Tree trimming Tree trimming Debris in fight-of-way Sweeper concern Root prune Dead right-of-way tree Repair street name sign A.C. repair Oil spill Plugged storm drain Street name sign misspelled Tree trimming Slurry seal update Sweeper concern Sweeper concern Tree trimming Root prune Temporary street closure down Dead tree Tree trimming Tree infected Oil spill 42738 Santa Suzanne 27596 Swallow Court 28073 Diaz Road 28073 Diaz Road 32012 Via Bonilla 32015 Via Bonilla 42103 Agena Street 41582 Corte Pergamino 41824 Via Vasquez Calle Medusa at Nicholas Road 42130 Agena Street 32807 Saskia Pass 41805 Corte Monita 27919 Front Street 30506 Colina Verde 27546 Jon Christian 42233 Camino Merano La Serena Tract 31168 Calle Aragon 31220 Kahwea 31096 Tecumseh Court 27538 Rosebay Court 43036 Camino Casillas 41500 Crour Beaune DATE WORK COMPLETED 04/02/97 04/02/97 O4/03/97 04/04/97 04/04/97 04/04/97 04/05/97 04/07/97 04/08/97 04/09/97 04/09/97 04/09/97 04/15/97 04/10/97 04/14/97 04/14/97 04/16/97 04/17/97 04/17/97 04/21/97 04/21/97 04/21/97 04/21/97 04/23/97 1 R:~&AINTAIlq~WKCM P LTD~SOR3X9 7V~ RIL.RPT APRIL - 1997 SERVICE ORDER REQUEST LOG DATE RECEIVED 04/24/97 04/25/97 O4/25/97 04/29/97 04/29/97 04/29/97 LOCATION Rancho CalifRd @ Margarita Rd Tierra Vista Citywide 32118 Cala Torrente 45521 Classic Way Summerfield Tract REQUEST Sight distance concern Tree removal Sweeper concern Sweeper concern Root pruning Sweeper concern DATE WORK COMPLETED 04/24/97 04/25/97 04/25/97 04/29/97 04/29/97 04/29/97 TOTAL SERVICE ORDER REQUESTS 30 2 R:~IAINTAI~WKCMPLTD\~ORS~9 7~PRI L.RPT I DATE 04/04/97 04/08/97 04/15/97 04/17/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT OF WAY TREE TRIMMING MONTH OF APRH, - 1997 LOCATION Del Rey Road at Avenita Verde 41582 Corte Pergamino 39195 Rising Hill Drive Maint Street WORK COMPLETED REMOVED 2 R.O.W. TREES REMOVED 1 R.O.W. TREES TRIMMED 1 R.O.W. TREES TRIMMED 1 R.O.W. TREES TOTAL 1LO.W. TREES TRIMMED 5 R:kMAINTAIN~WKC MP LTD\TRE E b~97Lt~P RI L. RPT I DATE 04/08/97 04/09/97 04/10/97 04/11/97 04/17/97 04/21/97 04/21/97 04/21/97 04/22/97 04/24/97 04/30/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF APRH. - 1997 LOCATION Area #1 (See daily for locations) Loma Linda Road at Temecula Lane Area #1 (See daily for locations) 3rd Street at Mercedes Street Main Street 28555 Pujol Street Vallejo Avenue from Ynez East Rancho Vista N & S of Ynez Road Rancho Vista at Mira Loma Drive 28555 Pujol Street Area #2 (See daily for locations) I A!3ATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED ABATED WORK COMPLETED 25,445 S.F. ROWWI£I/DS 11,400 S.F. ROW WEEDS 47,070 S.F. ROW WEEDS 1,800 S.F. ROW WEEDS 7,000 S.F. ROW WEEDS 48,000 S.F. ROW WEEDS 23,800 S.F. ROW WEEDS 7,000 S.F. ROW WEEDS 6,500 S.F. ROW WEEDS 2,000 S.F. ROW WEEDS 12,250 S.F. ROW WEEDS TOTAL S.F. R-O-W WEEDS ABATED 192,265 RAMAINTAINkWKC MPLTD\WEEDS~97~,APKI L.RPT I DATE 04/04/97 04/14/97 04/16/97 04/17/97 04/21/97 04/23/97 04/24/97 04/24/97 04/24/97 04/28/97 04/29/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF APRII,- 1997 LOCATION I Commerce Center Drive Installed Area #1 Repainted Area #1 Repainted Area # 1 Repainted City Hall Installed Area #1 Repainted Area # 1 Repainted Jefferson Avenue at Sanborn Avenue Relocated Del Rey Road at Via Norte and Del Repainted and Reposo Installed Area # 1 Repainted Area #1 Repainted WORK COMPLETED 20 L.F. of'red curb 4,360 L.F. of red curb 5,825 L.F. of red curb 7,200 L.F. of red curb 4 legends 6,790 L.F. of red curb 300 L.F. of red curb 2 - 50 mph legends 22 legends 1,300 L.F. of red curb 8,015 L.F. of red curb TOTAL NEW & REPAINTED LEGENDS L.F. OR NEW & REPAINTED RED CURB & STRIPING 28 33,810 K:kMAINTAIl~WKCM PLTD~S~'~[PINGk97~,APKI L. RPT I DATE 04/01/97 04/08/97 04/08/97 04/07/97 04/10/97 04/10/97 04/10/97 04/10/97 04/14/97 04/15/97 04/15/97 04/16/97 04/18/97 04/18/97 04/21/97 04/22/97 04/24/97 04/24/97 04/24/97 04/24/97 04/25/97 04/25/97 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF APR1L - 1997 LOCATION [ WORK COMPLETED Rancho California Road between Moraga REPLACED 7 R-7 Road and Ynez Road Via Vasquez at Corte Del Cerro REPAIRED 1 S.N.S. Via Vasquez at Cone Del Cerro REPLACED 1 R-1 Faded Margarita Road at Rancho California Road REPLACED 7 R-7 Front Street at 1 st Street REPLACED 1 R-1 TC Rancho California Road at Ynez Road REPLACED 1 R-18-1 TC Santiago Road west of "C" Street INSTALLED 1 R-26 D Rancho California Road at Lyndie Lane REPLACED 3 R-7 Ynez Road south of Winchester Road REPLACED 7 R-7 Corte Montia at Corte Canel REPLACED 1 S.N.S. Ynez Road north of Rancho California REPLACED 7 R-7 Road Citywide INSTALLED 36 Type K Citywide INSTALLED 13 R-7 Citywide INSTALLED 17 Type K City Hall INSTALLED 2 R- 1 Ynez Road at Vallejo Avenue REPLACED 1 R-1 TC Del Rey Road at Avenita Del Reposo INSTALLED 2 R-1 Del Rey Road at Avenita Del Reposo INSTALLED 2 W-17 Del Rey Road at Solana Way INSTALLED 3 R-1 Del Rey Road at Solana Way INSTALLED 3 W-17 Paloma Del Sol INSTALLED 6 NHW Signs Cala TorreAte INSTALLED 1 W-53 TOTAL SIGNS REPLACED TOTAL SIGNS INSTALLED TOTAL SIGNS REPAIRED Markers Markers 35 86 1 R:~MAINTAIN~WKC MP LTD~S IGN S~9 ?~u R1L.RPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION DATE 04/01/97 04/01/97 04/02/97 04/03/97 04/03/97 04/16/97 04/22/97 GRAFFITI REMOVAL MONTH OF APRIL - 1997 LOCATION ] Santa Gertrudis Creek under I-15 Removed Rancho California Road ~ Town Center Removed Joseph Road ~ Nicholas Road to Winchester Road ~ I- 15 (Santa Gertrudis Creek) Removed Businss Park Drive ~ Rancho California Road WORK COMPLETEB 65 SF of Graffiti 8 SF of Graffiti 3,454 SF of Graffiti Joseph Road ~ Nicholas Road to Winchester Road ~ 1-15 (Santa Gertrudis Creek) Removed 25 SF of Graffiti Long Valley Wash Removed 658 SF of Graffiti Wichester Road @ Diaz Road Removed 560 SF of Graffiti Removed 40 SF of Graffiti TOTAL S.F. GRAFFITI REMOVED TOTAL LOCATIONS 4,810 8 R:BVIAINTAIN~XlVKCM PLTD\G R.AFF ITIX9 7~kP RIL.RPT SCOPE OF WORK ASPHALT AC Square Footage: Tons: SIDEWALK CURB & GUTTER REPAIR Square Footage: PCC Yards: STRIPING LINEAR FEET: IN-HOUSE PAINTING LEGENDS: SIGNS REPLACED SIGNS INSTALLED GRAFFITI Material: Labor: Material: Labor: Square Footage: Cost: DRAINAGE CHANNELS CLEANED Basins: Channels: IN-HOUSE TREES TRIMMED: SERVICE ORDER REQUESTS: AFTER HOURS CALL OUTS: R.O.W. WEED ABATEMENT: TOTALS DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE FY 1996-1997 WORK COMPLETED .i COST FOR APRIL:97 :: .: : APRIL 97 $13,333.68 3,607 77 $0.00 0 0 33,810: .... $~1:,475:52 28 $224;00 35 $1~750.00 $537.95 86 $4;300.00 $!,321;82' 4,810 $1,346180 $6;500;00 0 1 $ $76.85 30 $0.00 40 $904.40: 1:92,265 ::: ::$2,705:.12 ....... $34;476i14 WORK COMPLETED MAY 97 COST FOR MAY 97 $0.00 WORK COMPLETED JUNE 97 COST FOR JUNE 97 $0.00 Date Submitted: May 1, 1997 Submitted By: JOSEPH KICAK Prepared By~'~/,,~BRAD BURON TOTAL COST TOTAL COST FOR THIS FOR LAST FISCAL YEAR FISCAL YEAR $292,466.44 $97,444.00 $50,985.00 $49,677.45 $22,597.78 $74,018.43 $17,032.00 $18,176.00 $14,300.00 $7,250.00 $4,589.44 $2,885.65 $18,050.00 $9,750.00 $4,971.42 $2,913.95 $5,438.98 $16,102.22 $71,200.20 $72,690.71 $15,265.32 $6,599.40 $0.00 $18,704.73 $14,538.32 $19,789.32 $31,753.20 $564,573,49 $403,799.33 r:\maintain\moactrpt~97~96-97rpt. wb2 MAINTENANCE WORK COMPLETED Date Submitted: May 1,1997 FISCAL YEAR 1996-1997 Submitted By: JOSEPH KICAK SECOND HALF Prepared By:d~ BRAD BURON Asphalt Tons Asphalt Square Feet Concrete Square Feet Drainage Channels TOTAL COSTS I.P,S. STRIPING Striping Linear Feet Sandblasting Linear Feet TOTAL COSTS TREE CONTRACTORS Trees Trim med Trees Removed TOTAL COSTS PESTMASTER R.O.W. Spraying - Sq Ft TOTAL COSTS CITY MAINTENANCE CREW Signs Replaced Signs Installed Catch Basins Cleaned Trees Trim med R.O.W. Weed Abatement Potholes Repaired - Sq Ft After Hours Call Outs Service Order Requests Graffiti Removal - Sq Ft TOTAL COSTS 0 0 0 $18,879.00 $21,474.12 $7,000.00 152,500 0 0 $2,122.24 $0.00 $0.00 15 0 0 $3,000.00$0.00$14,585.00 434 67 11 56 71 43 538 268 173 71 75 51 2,459 159,729 5,523 19 $397,646.29 415,867 0 $173,722.26 513 24 $29,830.00 1,857,455 $19~391.83 286 346 8O7 757 635,829 2,020 826 292 19,425 $136,626.40 r:maintainYnoactrpt~97Vnaintwk97.wb2 CITY OF TEMECULA 1997 GRAFFITI REMOVAL COSTS January $251.44 February 487.48 March 976.64 April 1,346.80 May June July Augusa September Ootober November Dt~a~nber SQUARE FOOTAGE January 898 February 1,741 Marcit 3,488 April 4,810 May June July August September October Nownnber December TOTALCALLS January 10 February. 6 March 17 April 8 May June J~y August September October : November December Totals for the Year To Date: May 1, 1997 Sq. Foot 10,937 Cost $ 3,062.36 Calls 41 5000 4000 3000 2000 ,- 1000 ~ JAN FEB MAR APR MAY JUN JUL AUG $EP OCT NOV DEC .... SQ FT ' COST