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HomeMy WebLinkAbout061201 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 12, 200'1 -7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 11:00 P.M. 5:30 P.M. - Closed Session of the City Council pursuant to Government Code Sections: Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to one matter of existing litigation involving the City. The following case will be discussed: '1) City of Temecula v, County of Riverside, et al. Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning acquisition of real property located at the intersection of Winchester Road at Murrieta Hot Springs Road (APN 956-270- 0t5, 956-270-0t6, 956-270-019). The negotiating parties are the City of Temecula and Fairfield-Murrieta, LLC. Under negotiation is the price and terms of the real property interests proposed to be acquired. The City negotiators are Shawn Nelson and Jim O'Grady. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956,9(b)(1) with respect to two matters of potential litigation. With respect to sUch matters, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Prelude Music: invocation: R:~Agenda\061201 Next in Order: Ordinance: No. 2001-07 Resolution: No. 2001-40 Mayor Jeff Comerchero Matthew Klm Pastor Ron AIsobrooks of New Covenant Fellowship Center 1 Flag Salute: Boy Scout Troop # 301 ROLL CALL: Naggar, Pratt, Roberts, Stone, Comerchero PRESENTATIONS/PROCLAMATIONS Friends of the Temecula Library Proclamation Pause for the Pled,qe of Alle,qiance Day Glass¥-win,qed Sharpshooter Update Extreme Rec¥clinR Pro,qram Amateur Radio Week Proclamation PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may 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 prior to the Council addressing 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. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. R:~Agenda\061201 2 4 5 Minutes RECOMMENDATION: 2.1 Approve the minutes of March 27, 2001; 2.2 Approve the minutes of April 10, 2001; 2.3 Approve the minutes of April 17, 2001. Resolution approvin,q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 0t- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of April 30, 2001 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of April 30, 2001. Approval of Election Resolutions RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 0t- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001 5.2 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES R:~Agenda\061201 3 6 7 8 Back-up Generator System for City Hall RECOMMENDATION: 6.1 Award a contract in the amount of $106,200 to Johnson Power Systems for the design, construction, and installation of a 250 kW back-up generator system for City Hall; 6.2 Authorize the City Manager to approve change orders not to exceed $10,620 which is equal to 10% of the contract amount; 6.3 Appropriate Capital Project Reserves in the amount of $116,820. Consideration of the Temecula Fall Rod Run - Hot Rods and Hadeys Cruising for the Boy Scouts Sponsorship Request RECOMMENDATION: 7.1 Approve the sponsorship request for the Temecula Fall Rod Run - Hot Rods and Harleys Cruising for the Boy Scouts event. Implementation of Special Tax - Measure C RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2001-2002 TO FINANCE RECREATIONAL AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE, SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS, AND TRAFFIC SIGNALS Resolution adopting FY 2001/2002 Solid Waste Rates RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 2001-2002 R:~Agenda\061201 4 10 Cost-Sharinq Agreement with County of Riverside for Date/Cherry Flyover Property Acquisition RECOMMENDATION: 10.1 Approve an agreement with Riverside County to share the costs of acquiring right- of-way for the Date/Cherry Flyover project. 11 Roripau,qh Specific Plan - Status Report RECOMMENDATION: 11.1 Receive and file. 12 Approval of Funds for Plan Review Services with Es,qil Corporation RECOMMENDATION: 12.1 Approve an expenditure in an amount not to exceed $25,000.00 for Plan Check Services with Esgil Corporation. 13 Annual Adjustment of Development Impact Fees RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 0l- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 200t-02 TO BE EFFECTIVE AUGUST 13, 2001, PURSUANT TO CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE AND RESOLUTION NOS. 97-94 AND 98-30 14 Approval of the Plans and Specifications and authorization to solicit bids for the Starliqht Rid.qe Southern Cross Road Sidewalk Project - Project No, PW00-22 RECOMMENDATION: 14.1 Make a finding that the Starlight Ridge Southern Cross Road Sidewalk Project is categorically exempt from CEQA pursuant to Section 15301(c) of the CEQA guidelines; 14.2 Approve the plans and specifications and authorize the Department of Public Works to solicit public construction bids for the Starlight Ridge Southern Cross Road Sidewalk Project - Project No. PW00-22, R:~Agenda\061201 5 15 Parcel Map No. 29949 (located at the easterly terminus of Lolita Road - in an urbanized area of Los Ranchitos) 16 RECOMMENDATION: 15.1 Approve Parcel Map No. 29949 in conformance with the conditions of approval; 15.2 Approve the Subdivision Monument Agreement; 15.3 Accept the Performance Bond for improvements as security for the Monument Agreement. Parcel Map No. 30012 (located at the southeast corner of North General Kearny Road 17 and Margarita Road) RECOMMENDATION: 16.1 Approve Parcel Map No. 30012 in conformance with the conditions of approval; 16.2 Approve the Subdivision Monument Agreement and accept the Monument Deposit as security for the agreement. Acceptance of a Declaration of Dedication of an Easement for Date Street Storm Drain RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DECLARATION OF DEDICATION OF STORM DRAIN EASEMENT ON THE SOUTH SIDE DATE STREET AT A POINT 697 FEET EAST OF MARGARITA ROAD BUT NOT ACCEPTING THIS EASEMENT INTO THE CITY- MAINTAINED STREET SYSTEM AT THIS TIME 18 Acceptance of Grant of Easement for Date Street Right-of-Way RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR PUBLIC STREET AND ROADWAY PURPOSES ON THE SOUTH SIDE DATE STREET BETWEEN MARGARITA ROAD AND A POINT 697 FEET EAST OF MARGARITA ROAD BUT NOT ACCEPTING THIS EASEMENT INTO THE CITY- MAINTAINED STREET SYSTEM AT THIS TIME R:~Agenda\061201 6 19 Acceptance of Offer of Dedication - Road Purposes on Western Bypass Corridor and Front Street per Tentative Parcel Map No. 28627 Conditions of Approval 20 RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD PURPOSES FOR WESTERN BYPASS CORRIDOR AND FRONT STREET AS REQUIRED BY THE CONDITIONS OF APPROVAL FOR PARCEL MAP NO. 28627, PA97-0307, BUT NOT ACCEPTING STREETS INTO THE CITY-MAINTAINED STREET SYSTEM AT THIS TIME Acceptance of an Easement Deed for a Meanderinq S dewalk alon,q North General Kearney Road with portions within Parcel E of Lot Line Adjustment PA98-0054 (located at the southeast corner of North General Kearney Road and Mar,qar ta Road) RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT DEED FOR A MEANDERING SIDEWALK ALONG NORTH GENERAL KEARNEY ROAD WITH PORTIONS WITHIN PARCEL E OF LOT LINE ADJUSTMENT PA98-0054 AS REQUIRED PER THE CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. PA00-0417 21 Reimbursement Aqreements with MS Temecula II, LLC - Dend¥ Parkway Improvement.,;. and Diaz Road Traffic Si.qna nsta lation RECOMMENDATION: 21.1 Execute an Agreement between the City and MS Temecula II, LLC for Reimbursement of the Cost of Constructing Improvements within Dendy Parkway; 21.2 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AGREEMENT FOR REIMBURSEMENT OF COSTS OF CONSTRUCTION FOR PUBLIC IMPROVEMENTS (DENDY PARKWAY) BETWEEN THE CITY OF TEMECULA AND MS TEMECULA II, LLC (PA00-0355) R:~,genda\061201 7 21.3 Execute an Agreement between the City and MS Temecula II, LLC for Reimbursement of the Cost of Installing a Traffic Signal at Winchester and Diaz Road; 21.4 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED REIMBURSEMENT AGREEMENT FOR WINCHESTER ROAD/DIAZ ROAD TRAFFIC IMPROVEMENTS BETWEEN CITY OF TEMECULA AND MS TEMECULA II, LLC 22 Tract Map Nos. 24136, 24136-2, 24136-3, 24187 (located north of De Portola Road, west of Meadows Parkway, east of Margarita Road, and south of Pio Pico, Montele.qro, and Leena Way and within Paloma Del Sol Specific Plan No. 219 - now in conformance with their original approvals RECOMMENDATION: 22.1 Approve Tract Map Nos. 24136, 24136-2, 24136-3, 24187 in conformance with the conditions of approval; 22.2 Approve the Subdivision Improvement Agreements; 22.3 Approve the Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds, and Monument Bonds as security for the agreements. 23 Second Readin,q of Ordinance No. 01-06 (Loud or unruly assemblies) RECOMMENDATION: 23.1 Adopt an ordinance entitled: ORDINANCE NO. 01-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.18 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING LIABILITY TO PERSONS WHO ARE RESPONSIBLE FOR LOUD OR UNRULY ASSEMBLIES WHICH CAUSE DISTURBANCES OF THE PEACE AND PROVIDING FOR RECOVERY OF LAW ENFORCEMENT COSTS IN CONNECTION WITH SUCH ASSEMBLIES RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY R:~Agenda\061201 8 CALL TO ORDER: President Jeff Stone ROLL CALL: DIRECTORS: PUBLIC COMMENTS Next in Order: Ordinance: No. CSD 2001-01 Resolution: No. CSD 2001-08 Comerchero, Naggar, Pratt, Roberts, Stone A total of 15 minutes is provided so members of the public may 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 decide to speak to the Board of Directors on an item not 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 Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" 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 I Minutes RECOMMENDATION: 1.1 Approve the minutes of March 27, 2001; 1.2 Approve the minutes of April 10, 2001. Inclusion of Tracts into Service Level B and Acceptance of Slope Easement Areas into Service Level C for Fiscal Year 2001-2007 RECOMMENDATION: 2.1 Adopt a resolution entitled: R:~Agenda\061201 9 RESOLUTION NO. CSD 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS INCLUDING VAIL RANCH INTO TCSD SERVICE LEVEL B FOR PURPOSES OF ENERGIZING RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2001-2002 2.2 Adopt a resolution entitled: RESOLUTION NO. CSD 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVCIES DISTRICT ACCEPTING CERTAIN SLOPE AND LANDSCAPE AREAS WITHIN VARIOUS TRACTS INCLUDING VAIL RANCH INTO SERVICE LEVEL C FOR MAINTENANCE PURPOSES BEGINNING FISCAL YEAR 200'1-2002 2.3 Authorize the City Clerk/District Secretary to record the slope easement Documents. 3 Amendment to the Landscape Maintenance Contract with Excel Landscape, Inc. For FY2001-02 RECOMMENDATION: 3.1 Approve the Landscape Maintenance Services Contract Amendment with Excel Landscape, Inc. to extend the term of the Agreement to June 30, 2003 to allow for the addition of supplemental landscape maintenance areas and establish set prices for the addition of unforeseen areas; 3.2 Authorize the expenditure of funds in the amount of $1,106,100 for the base contract and an additional amount not to exceed $32,200 for the supplemental and new areas that may be brought on line during the term of the contract; 3.3 Approve a contingency of 10% in the amount of $114,000 for extra work items. PUBLIC HEARING Any person may submit written comments to the Community Services District 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 courts, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City clerk at, or prior to, the public hearing. 4 TCSD Proposed Rates and Charqes for F scal Year 2001-2002 RECOMMENDATION: 4.1 Adopt a resolution entitled: R:~Agenda\061201 10 RESOLUTION NO. CSD 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C - SLOPE MAINTENANCE, AND SERVICE LEVEL D - RECYCLING AND REFUSE COLLECTION SERVICES FOR FISCAL YEAR 2001-2002 4.2 Adopt a resolution entitled: RESOLUTION NO. CSD 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL R - STREET AND ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2001-2002 DISTRICT BUSINESS Convene a Joint meeting with the City Council and Community Services District 5 Adoption of Annexation A.qreements between the City of Temecula and the County of Riverside for Median Maintenance (Agreement No. 1), Tax Reimbursement (Agreement No. 2), and Sales Tax Revenue Sharinq in association with the finalization of the Vail Ranch Annexation (PA00-0021/ RECOMMENDATION: 5.1 That the Temecula Community Services District (TCSD) adopt a resolution entitled: RESOLUTION NO. CSD 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT APPROVING THAT CERTAIN AGREEMENT ENTITLED VAIL RANCH ANNEXATION AGREEMENT NO. t (MEDIAN MAINTENANCE AGREEMENT) BETVVEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE COUNTY OF RIVERSIDE 5.2 That the City Council adopt a resolution entitled: RESOLUTION NO. 0'1- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED VAIL RANCH ANNEXATION AGREEMENT NO. 2 (TAX REIMBURSEMENT) BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE R:~Agenda\061201 11 5.3 That the City Council adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED SALES TAX REVENUE SHARING AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA (FIRST DISTRICT) Recess City Council Meeting 6 Review and Adoption of the FY 2001-2002 Annual Operating BudRet RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. CSD 0'1- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 2001-02 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, June 26, 2001, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\061201 12 Next in Order: Ordinance: No. RDA 2001-01 Resolution: No. RDA 2001-03 CALL TO ORDER: Chairperson Ron Roberts ROLLCALL AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not 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 Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 27, 2001; 1.2 Approve the minutes of April 10, 2001. 2 First Amendment to Professional Services Agreement w th Fisher Merriman Seh,qal Yanez, Inc. RECOMMENDATION: 2.1 Amend the Professional Services Agreement with Fisher Merriman Sehgal Yanez, Inc. for the final design of the Old Town Community Theater in the amount of $420,000; R:~Agenda\061201 13 2.2 Approve a 10% contingency in the amount of $42,000. AGENCY BUSINESS 3 Review and Adoption of the FY 2001-2002 Annual Operatin.q Bud.qet RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 0t- A RESOLUTION OF THE BOARD OF DIRECTORS OF TIlE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2001-02 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 4 Review and Approval of the FY 2002-2006 Capital Improvement Bud,qet for th~, Redevelopment Agency (RDA) Recommendation 4.1 Adopt a resolution entitled: RESOLUTION NO. RDA 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2002-06 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2001-02 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, June 26, 2001, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\061201 14 Next in Order: Ordinance: No. TPFA 2001-01 Resolution: No. TPFA 2001-04 CALL TO ORDER: Chairman JeffComerchero ROLL CALL BOARDMEMBERS: Naggar, Pratt, Roberts, Stone, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not 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 prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. Convene a Joint Meeting of the City Council and the Temecula Public Financing Authority AUTHORITY BUSINESS 1 Actions relating to Acceptance of a Deposit related to proceedinqs for a Community Facilities District for Harveston RECOMMENDATION: 1.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT R:~Agenda\061201 15 1.2 That the Authority adopt a resolution entitled: RESOLUTION NO. TPFA 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO Recess the City Council meeting EXECUTIVE DIRECTOR'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT R:~Agenda\061201 16 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 24 Review and Adoption of the FY 2001-002 Annual Operatin.q Bud,qet RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 200'1-02 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 24.2 Adopt a resolution entitled: RESOLUTION NO. 0'I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 24.3 Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 200'1-02 25 Adoption of the FY 2002-06 Capital Improvement Pro,qram RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. 0t- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2002-06 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 200t-02 26 Community Advisory Committee for the General Plan Update Proces,~ RECOMMENDATION: 26.1 Provide direction to staff concerning the structure, membership, and role of a Community Advisory Committee. R:~Agenda\061201 17 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, June 26, 2001, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:~Agenda\061201 18 PROCLAMATIONS AND PRESENTATIONS ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MARCH 27, 2001 The City Council convened in Closed Session at 6:00 P.M. and convened in a regular meeting at 7:02 P.M., on Tuesday, March 27, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Naggar, Pratt, Roberts, Stone*, Comerchero Absent: Councilmember: None * - Councilman Stone arrived at 7:38 P.M. PRELUDE MUSIC The prelude music was provided by Eve Craig. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Chapel of Temecula. ALLEGIANCE The salute to the Flag was led by Mayor Pro Tern Roberts. PRESENTATIONS/PROCLAMATIONS Supervisor Bob Buster re,qardinq Homeless Shelters Commenting on the humane and cooperative approach necessary to address this issue, First District County Supervisor Buster provided information with regard to homeless programs, referencing specific issues and statistics; advising that such a program should be included as part of the Housing Element; noting that the County currently spends $5 million on homeless issues but stated that the current programs are not effective and that no specific system is in place; and requesting City assistance from a location standpoint and that a Committee be formed to address the homeless issue in the Temecula/Murrieta area. Based on various factors, Ms. Susan Lowe, Deputy Director for Department of Social Services, further reviewed statistics relative to the need for emergency shelters. Mr. Bill Denzmar, County Veteran Services Officer, further elaborated on the need for homeless housing and commented on the need for the County to set realistic goals and the assistance needed from the cities to achieve those goals. Councilman Naggar suggested that the formation of a Committee to address this issue be agendized for a future City Council meeting. Mayor Comerchero expressed appreciation to Supervisor Buster for enlightening the City Council on this important issue. R:\Minutes\032701 1 PUBLIC COMMENTS A. Desirous of improving and upgrading existing parks in the La Serena Homeowners Association, Ms. Nicole Steen and Ms. Miriam Parsan, 3114 Camino Del Este, requested funding assistance from the City. Although the parks of discussion are not public parks and are, therefore1 not maintained by the City, Mayor Comerchero requested that Community Services Director Parker address the matter and noted that the Association may qualify for Community Services Grant Funding. B. Mr. David Rosenthal, 27315 Jefferson Street, representing Southwest Riverside Manufactures Council, informed the City Council that the Public Utilities Commission has voted to raise electricity rates by 40%, noting that letters have been written in opposition to this increase; commented on the impacts this increase will have on the manufactures in the area as well as jobs; and requested that letters be written to the Governor to reflect the City Council's dismay with the approved rate increase. C. Ms. Adrienne McGregor, 34555 Madera de Playa, requested that City staff explore the use of solar units during this energy situation. D. Addressing AB 939 0Naste Reduction 1989), Ms. Charlotte Fox, 32800 Hupa Drive, commended the City on exceeding its waste reduction goal. Ms. Fox, as well, applauded the City on its efforts to preserve open space, public parks, and the development of a master planned Multi-use Trails System in addition to other public works issues; commented on the need for additional education regarding home composting, efficient gardening, and land care techniques as it relates to water conservation measures; advised that the Gardening Friends of Southwest County are assisting in schools and homes with planned gardening classes; and that a Junior Master Gardeners program will be introduced by the Friends in the near future. Supporting the garden classes at schools, Councilman Naggar relayed his desire of a community garden. E. Commenting on the need for homeless shelters, Mr. Chuck Washington, Solana Way, relayed his support of Supervisor Buster's vision to provide emergency homeless shelters in the Valley and noted that such goals cannot be achieved without the collaborative efforts of many. F. Mr. Mark Mush, 31731 Corte Avalos, applauded the City Clerk for denying the submitted petitions with regard to Wolf Creek and further addressed and questioned communications between Ms. Pamela Miod and Councilman Pratt with regard to a Closed Session item. G. Councilman Naggar noted that each City Council agenda item reflects Closed Session items. H. Ms. Maryann Edwards, 42913 Calle Londe, representing the Theater Foundation, invited the City Councilmembers and the public to An Evening of Arts and Stars, on Friday, March 30, 2001, 6:00 P.M. - 9:00 P.M., at Jack's Gallery in Old Town, noting that the event is free and that 25% of all proceeds from the Gallery will benefit the Theater Foundation. I. Mr. Ed Dool, 28464 Old Town Front Street, thanked and commended the City Council and the Old Town merchants on a successful Blue Grass Festival, requesting such functions in Old Town on a quarterly or monthly basis. R:~Vlinutes\032701 2 J. Echoing Mr. Dool's comments, Ms. Judi Steffen, 28475 - B Old Town Front Street, commented on the successful Blue Grass Festival and as well recommended the scheduling of more such events. K. To ensure that the unfortunate individuals in need are assisted, Mr. Chris Pedersen 31052 Wellington Circle, relayed his support of Supervisor Buster's vision. With regard to the signing of petitions relative to Wolf Creek, Mr. Pederson commented in his opinion, on Councilman Stone's inappropriate action by affixing a name, not his own, on petition and then crossing it out solely for the purpose to view the petition. L. Ms. Michelle Anderson, 43797 Badetta Street, representing Citizens First of Temecula Valley, extended her thanks and appreciation to Mr. Pedersen for his efforts associated with the Wolf Creek referendum; as well extended appreciation to Councilmembers Naggar and Pratt for denying the project; and as well relayed appreciation to the new members of Citizens First of Temecula Valley who volunteered their time and effort during the signature-gathering process. M. With regard to the outcome of the Wolf Creek referendum, Mr. Carl Ross, 43886 Butternut Drive, noted that 5,000 citizens of the City of Temecula have been silenced and that it has eliminated the opportunity to debate issues of this project. N. In response to City Clerk Jones, Mayor Comerchero advised that he had spoken to Mr. Morris and apprised him that it generally is not the City Council's policy to read letters into the record on non-agendized items but noted that his letter would be placed into the record. CITY COUNCIL REPORTS A. Having participated in a recent Celebrity luncheon, Councilman Naggar advised that he had raised $1,000 for the Rotary High School scholarship because of generous donations made by tocal merchants, including the developer of Temecula Village Apartments. Mr. Naggar thanked each business and the developer for the donations. B. Commenting on the proposed route of the transmission lines, Councilman Naggar expressed concern with the route; noted that the submitted maps of the proposed route make it difficult to determine the impact to the City of Temecula; requested that the matter be agendized for the Electrical Needs Subcommittee (Mayor Comerchero/Councilman Naggar) or that a committee be formed to address this issue; stated that he would prefer a route through the Pechanga Indian reservation; and noted that a route through the winery could threaten the City's tourism. Mr. Naggar noted that in addition to the recent 42% increase authorized by the Public Utilities Commission, the Commission had already approved a 15% increase in January and as well approved a 10% increase for next year which should as well be addressed by the Electrical Needs Subcommittee. In light of the City of Murrieta's action to impose campaign spending limits, Councilman Naggar suggested that this matter be agendized for City Council review at the next meeting. For Mayor Comerchero, City Attorney Thorson advised that several years ago, a Political Reform Initiative was passed and the City had adopted a voluntary campaign expenditure limit; that the proposition was challenged and that since then, no policy is in place for the City with regard to spending limitations; and that the City of Murrieta's adopted ordinance will be reviewed. R:'~Minutes\032701 3 C. Mayor Pro Tem Roberts confirmed that the City will receive $2.7 million in State Transportation Improvement Program (STIP) funding for the Butterfield Stage Road four-lane arterial extension beltway project. D. Having attended the recent Student of the Month recognition luncheon, Councilman Pratt relayed the students' appreciation of City Council recognition. E. Councilman Pratt encouraged public participation at the Public/Traffic Safety Commission meetings. F. With regard to the electricity crisis, Councilman Stone noted that the situation is a State- wide catastrophe in the making and encouraged the citizens to voice their concerns to Sacramento. In response to Mr. Pederson's comments with regard to Wolf Creek, Councilman Stone noted that the circulated petitions did not emphasize the $18 million provided by the developer for public infrastructure, the $12 million for schools, the 40-acre sports park, the $400,000 for public art, etc. In his opinion, Mr. Stone stated that the individuals signing the petition did not receive accurate information and commented on the negative impacts of the no growth philosophy. Councilman Stone advised and invited the public to a Sports Park Meeting, on Saturday, April 7, 2001, at 9:00 A.M., at City Hall, in the City Council Chambers. G. Mayor Comerchero informed the public that the SR 79 South project should be completed by April 17, 2001. CONSENT CALENDAR I Standard Ordinance and Resolution 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 January 9, 2001; 2.2 Approve the minutes of the January 16, 2001, RCIP Workshop. 3 Resolution Approvin.q List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: R:\Minutes\032701 4 RESOLUTION NO. 01-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Professional Services Aqreement - Diaz Road Extension and Ali,qnment Study - Prelect No. PW00-10 RECOMMENDATION: 4.1 Approve the agreement with Kimley-Horn and Associates, Inc. to provide professional engineering services for the Alignment Study for the extension of Diaz Road to the City limits and a bridge crossing over Murrieta Creek - Project No. PW00-10 - for an amount not to exceed $167,101.00 and authorize the Mayor to execute the agreement; 4.2 Authorize the City Manager to approve amendments not to exceed the contingency amount of 10% of the contract or $16,710.10. 5 SB 332 Beveraqe Container Recyclin.q and Litter Abatement Fundin.q Request RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 01-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING ANY ANNUAL SUBMITTAL OF A FUNDING REQUEST FOR A SB 332 BEVERAGE CONTAINER RECYCLING AND LITTER ABATEMENT GRANT 6 Tract No. 23209 - Subdivision Aqreement (located at the easterly extension of La Seren~ Way at Butterfield Sta.qe Road) RECOMMENDATION: 6.1 Approve the Subdivision Agreement and accept the Performance Bond security to guarantee the performance of the SUBDIVIDER under this agreement. (At staff's request, Item No. 6 was pulled off calendar.) 7 Completion and Acceptance for Overland Drive Overcrossinq at Interstate Route 15 - Proiect No. PW95-11 RECOMMENDATION: 7.1 Accept the Overland Drive Overcrossing Project at Interstate Route 15 - Project No. PW95-11 as complete; 7.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; R:\Minutes\032701 5 7.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-5 and 7 (item No. 6 pulled off calendar). The motion was seconded by Mayor Pro Tem Roberts and voice voted reflected approval with the exception of Councilman Stone who abstained with regard to item No. 2.2. At 8:17 PM., Mayor Comerchero called a recess and then convened as the Community Services District and the Redevelopment Agency and reconvened the City Council meeting at 8:30 P.M. COUNCIL BUSINESS 8 Morgan Hill Specific Plan No. 313 RECOMMENDATION: 8.1 Formally adopt the attached recommended Condition of Approval for the Morgan Hill Specific Plan traffic mitigation measure for presentation to the Riverside County Board of Supervisors; 8.2 Endorse the creation of an Urban Limit Line within the unincorporated territory of Riverside County east of the Morgan Hill Specific Plan and direct staff to prepare a map of said line for approval by the Council and subsequent submittal to the County Board of Supervisors. By way of overheads, Deputy City Manager Thornhill reviewed the staff report (as per agenda material), clarifying that the City is not recommending approval of Morgan Hill project but is recommending that if the project were approved by the County, conditions be imposed relative to the mitigation of City traffic impacts ($1.5 million) and that the County establish an urban growth boundary to the east of the project site, thereby, preventing the construction of thousands of residential units which are currently proposed for approval by the County and noting that the implementation of urban growth boundaries would be consistent with the City's Management Plan. Mr. Thornhill advised that Supervisor Buster is requesting that the City Council take a formal position on this matter and that the Council's position be forwarded to the County prior to the April 10, 2001, Board of Supervisor's meeting. In response to Councilman Naggar, Deputy City Manager Thornhill noted the following with regard to the Morgan Hill project: · That the current zoning on the property of discussion is agriculture · That urban limit line defines the extent of urban development beyond a particular line; 5- to 10-acre parcels define urban and rural · That Morgan Hill is a County project, not a City project That the southerly extension of Butterfield Stage Road will bisect the property and will ultimately intersect with the southerly extension of Anza Road R:'dVlinutes\032701 6 · That the density decreases in the City have made an impact on the Level of Service · That Staff's recommendation is consistent with the direction given by the City Council. Reiterating that this is not a City project, Mayor Pro Tern Roberts commented on the City's intent to impose specific conditions on a County project. Councilman Pratt suggested that legal action against the County be explored and commented on the cumulative traffic impacts this project will have on the City. Reiterating that staff had followed City Council direction as it relates to this project, Councilman Stone noted that in the past, the City has never had the opportunity to impose a condition on a County project. In response to Mayor Comerchero, Public Works Director Hughes stated that he would anticipate the intersections at Bedford Court and La Paz Road, with Wolf Creek and Morgan Hill, to operate at Level of Service D or better at peak hours for at least the next 10 years, noting that beyond that time frame, it would be difficult to estimate. Public Input With the development of Wolf Creek and Morgan Hill, Mr. Ed Dool, 28464 Old Town Front Street, noted that an additional 8,000 daily trips will be added to SR 79; relayed his support of SMART growth; and opposed the City's recommendation to the County to approve this project. Mr. Chris Pedersen, 31052 Wellington Circle, stated that the approval of Morgan Hill would be the approval of an upzone; that the requested $1.5 million would not solve the issues of concern; and that the County should not be approving this project until the completion of the Riverside County Integrated Program. Ms. May Lorah, 35555 Monte De Oro, stated that Mr. Lowry has a special interest in the Morgan Hill project and questioned whether Mayor Comerchero and Mayor Pro Tem Roberts should be voting on this project considering they received campaign contributions from three individuals involved with the Morgan Hill project. Because individuals involved with the Morgan Hill project have contributed to Mayor Comerchero's and Mayor Pro Tem Roberts's reelection campaigns, Mr. Carl Ross, 43886 Butternut, noted that them voting on this project would create a sense of impropriety. For Mr. Ross, Councilman Stone clarified that the City Council, this evening, will not be voting on the approval/disapproval of this project, noting that if it were a City project, the City would be voting no on the project but that the issue is whether or not to endorse the imposition of a City condition requesting $1.5 million if the project were approved. Because this project is not within the sphere of influence, Mayor Pro Tern Roberts reiterated that the Morgan Hill project is not a City project and that the developer of this County project is willing to give the City $1.5 million for traffic impacts. Although an individual(s) involved with the Morgan Hill project has contributed to his and Mayor Pro Tern Roberts' reelection campaigns, Mayor Comerchero clarified that the City is requesting that the project developer be required to pay the City $1.5 million. R:\Minutes\032701 7 Mr. Bob Canfield, 31041 Wellington Circle, stated that the residents of the City of Temecula would be willing to pay the $1.5 million versus the approval of this project. City Council discussion Noting that if it were a City project, he would vote no on the project because it would not comply with the City's Growth Management Plan, Councilman Stone reiterated that the issue before the City Council, this evening, is if the County were to approve the project, it be approved with a condition whereby the City would receive $1.5 million to mitigate project impacts. By way of overheads, Councilman Naggar referenced the adopted 1993 Traffic Circulation Element as well as the 1999 traffic study, noting that the $1.5 million would not make a difference when specific corridors along SR 79 are functioning at a Level of Service F. Commenting on the agreed-upon urban limit line, as per Supervisor Buster, Mayor Pro Tern Roberts noted that the City Council subcommittee negotiated, with City Council support, the matter, questioning why the support has changed. Not favoring upzones, Councilman Pratt noted that the City should pursue legal action. Echoing comments made by Councilman Stone, Mayor Comerchero reiterated that the issue, this evening, is if the County were to approve this project, it be approved with a condition whereby the City would receive $1.5 million to mitigate traffic impacts. Concurring with Mr. Stone, Mr. Comerchero noted that if this project were in the City, he would not be in support of it. MOTION: Councilman Stone moved to approve staff recommendation and relayed the City Council's opposition to the County approving this project but if it were approved by the County, a condition be imposed requiring the developer to pay $1.5 million to the City of Temecula for public infrastructure prior to the issuance of any building permit. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected approval with the exception of Councilman Naggar and Councilman Pratt who voted no. 9 Rules of Order for Conduct of City Council Meetinqs (At the request of Councilman Naggar) RECOMMENDATION: 9.1 Provide direction to staff whether to amend Resolution No. 94-79 regarding rules of order for conduct at City Council Meetings. City Clerk Jones referenced the staff report (of record). Viewing throe minutes as an unroalistic time limit to properly address an issue, Councilman Naggar stated that with such a time rostriction, the people of this City aro not properly roprosented by the City Council. In his opinion, Mr. Naggar noted that this rule is being imposed in order to silence him. Mr. Naggar addrossed comments made by Mayor Comerchero and Mayor Pro Tem Roberts in the newspapers rogarding this issue. At 9:18 P.M., Mayor Comerchero called a recess and reconvened the City Council meeting at 9:24 P.M. Wishing to further address this particular item, Councilman Naggar offered the following motion: R:\Minutes\032701 8 MOTION: Councilman Naggar moved to extend his time by an additional three minutes. The motion was seconded by Councilman Pratt and voice vote reflected unanimous approval. Mayor Comerchero advised that, as Mayor of this City Council, it would be his responsibility to enforce Resolution No. 94-79, noting that the resolution may be revised but until such time, the resolution is in effect. Councilman Naggar reiterated his concern with comments made by Mayor Comerchero and Mayor Pro Tem Roberts in the newspapers regarding this issue and requested that the time restriction of three minutes be eliminated. Although having been restricted himself by this rule, Councilman Stone spoke in support of it, noting that it has required him to receive more information from staff and ask more questions regarding issues prior to a City Council meeting. Mr. Stone relayed his opposition to the continual discussion of same issues and, thereby, directing staff to research issues which may not have received majority direction from the City Council; that such action wastes staff time and as well confuses staff which, in turn, will confuse the public doing business with the City of Temecula; and that there are other important issues which need to be addressed by the City. Mr. Stone as well noted that the time restriction would limit the lateness of City Council meetings. Providing background information as to initial adoption of this resolution, Mayor Pro Tem Roberts commented on a similar resolution from the City of Murrieta, limiting debate time to five minutes and suggested that the City's time be increased from three minutes to five minutes. Public input Mr. Chris Pedersen, 31052 Wellington Circle, commented on the meaninglessness of such a time restriction; stated that this rule hasn't been enforced in the past; and noted that it inhibits public participation. Ms. May Lorah, 35555 Monte De Oro, stated that, in her opinion, the powerful majority of this City Council has displayed a pattern of silencing and that limiting the City Councilmembers to three minutes limits proper public representation. Noting that in three minutes he is unable to communicate his point of view on a matter, Councilman Naggar stated that this matter has nothing to do with being prepared or not being prepared for a City Council meeting, the issue is that the three-minute rule hinders public participation. Commenting on an incident whereby the City Council gave direction to a subcommittee but when the matter was discussed on public session, certain City Councilmembers spoke in opposition of the original direction, Mr. Stone reiterated his support of the three-minute rule in order to ensure that allotted time will be appropriately used and as well be in the best interest of the City. Mayor Pro Tern Roberts reiterated that increasing the time limit to five minutes could correspond with the City of Murrieta's policy. Mayor Comerchero relayed his support of Mayor Pro Tem Roberts' recommendation to increase the time limit to five minutes, noting that business meetings must be concise and controlled in order to be effective and that the City Councilmembers must take measures to ensure proper preparation for upcoming City Council meetings. R:\Minutes\032701 9 MOTION: Mayor Comerchero moved to amend Section 2 B 1 and 2 of Resolution No. 94-79 by increasing the time limit from three minutes to five minutes. The motion was seconded by Mayor Pro Tem Roberts and the following voice vote reflected denial of the motion: AYES: Comerchero, Roberts NOES: Naggar, Stone ABSENT: None ABSTAIN: Pratt MOTION: Councilman Stone moved to uphold the three-minute time limit as per Resolution No. 94-79. The motion was seconded by Mayor Comerchero and roll call vote reflected approval of the motion as follows: AYES: Comerchero, Roberts, Stone NOES: Naggar, Pratt 10 Public/Traffic Safety Commission Meetinq Schedule Revision RECOMMENDATION: 10.1 Approve modification of the Public/Traffic Safety Commission meeting schedule to one regular meeting per month. 10.2 Adopt a resolution entitled: RESOLUTION NO. 0'1-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE MEETING SCHEDULE OF THE PUBLIC/TRAFFIC SAFETY COMMISSION 10.3 Introduce and read by title only an ordinance: ORDINANCE NO. 01-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION NO. 2.40.'100 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO MONTHLY COMPENSATION FOR CITY COMMISSIONERS Public Works Director Hughes reviewed the staff report (of record), confirming that the Public/Traffic Safety Commission concurs with staff's recommendation. In response to Councilman Stone, Public/Traffic Safety Chairwoman Edwards reiterated that the Commission concurs with staff's recommendation to amend the Commission meeting schedule to one meeting a month and advised that if a special meeting were necessary, it could be scheduled at any time. Councilman Pratt commended the Commission on a job well done. R:\Minutes\032701 10 MOTION: Councilman Naggar moved to approve 10.1 and 10.2 of the staff recommendation, including the adoption of Resolution No. 01-23. The motion was seconded by Mayor Comerchero and voice vote reflected unanimous approval. City Attorney Thorson introduced and read by title only Ordinance No. 01-05. MOTION: Councilman Stone moved to introduce and read by title only Ordinance No. 01-05 (10.3). The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No comment. CITY ATTORNEY'S REPORT City Attorney Thorson advised that there were no reportable actions under the Brown Act for Closed Session. ADJOURNMENT At 9:53 P.M., the City Council meeting was formally adjourned to Tuesday, April 10, 2001, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\032701 11 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 10, 2001 CALL TO ORDER The City of Temecuia City Council convened in a regular meeting at 7:00 P.M., on Tuesday, April 10, 2001, in the City Council Chambers of Temecula City Hail, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Councilmembers: Naggar, Pratt, Roberts, Stone, and Mayor Comerchero. Absent: Counciimember: None. PRELUDE MUSIC The prelude music was provided by Mr. Kurt Jordan. INVOCATION. The invocation was given by Reverend Howard Brown of Winchester United Methodist Church. ALLEGIANCE The audience was led in the Flag salute by Councilman Stone. PRESENTATIONS/PROCLAMATIONS Buildin.q & Safety Week Proclamation Noting the request for this week to be designated as International Building and Safety Week, Chief Building Official Elmo relayed that this would be an opportunity for building depadments across the United States to let people know what the function of the building department is, and to reduce the perceptions of the bureaucratic barriers so often associated with the building process; noted the lack of information the public has regarding the duties of a building official; advised that the California Building Officials have partnered with the California Building Industry Association in developing a video to provide information regarding the role of building officials, noting that the film was almost entirely filmed in the City of Temecula, and would be shown to 540 member jurisdictions throughout the United States; and presented the informative video, which highlighted how building safety affects our daily lives, the building official's process which includes Planning, Fire, and Public Works Engineering, and the building officials responsibilities during emergency situations (i.e., assessing earthquake damage.) In recognition of the Building and Safety Week, Deputy Building Official Harold provided an overview of the activities the City of Temecula's Department of Building and Safety would be involved with, or host, highlighting the biannual meeting held with developers in R:\Minutes\041001 I the community on April 10th, the extension of hours in the Building Department on April 11th until 7:00 P.M., scheduled in order to provide homeowners an evening opportunity to access the Building Department, the April 12th training program for the inspection staff, the hosting (in conjunction with Southern California Edison) of the May Update Seminar for local design professionals, energy consultants, and engineers; advised that per comments from customers, procedural changes have been implemented to better serve the builders in the community, specifying the revised processes and procedures which have resulted in improved building permit and inspection procedures; and relayed that an updated plan check status was now available on the City's website. Mayor Comerchero read into the record the Proclamation of the City of Temecula, proclaiming the week of April 8-14, 2001 to be "International Building Safety Week;" and commended Chief Building Official Elmo, and Deputy Building Official Harold, for their diligent efforts in the Building Department. Public Health Month Proclamation Proclaiming the month of April, 2001, to be "National Public Health Month," Mayor Comerchero read into the record the proclamation of the City of Temecula. California Parks and Recreation Society Awards Presentation A representative from the California Parks and Recreation Society (CPRS) presented several prestigious awards which had been bestowed on the City of Temecula at the March 17th Annual Awards and Installation Banquet held in Sacramento, advising that while it was commendable for a city to receive one award, that the City of Temecula's achievements have been quite an accomplishment; presented the awards, as follows: 1) An Award of Merit in the category of marketing theme campaigning for the Temecula Valley Museum, 2) An Award of Merit in the category of personal development for the Temecula High Hopes Program, noting that the highest award was an Award of Excellence, presenting, 3) An Award of Excellence in the category of best single brochure for the Summer/Fall Leisure Guide to Activities, and 4) An Award of Excellence in the category of media communications for the High Hopes Program Video; and congratulated the City Council and their outstanding Community Services Department staff who provide these quality programs and services in the great community of Temecula. Relaying gratitude for the presentation of the awards, Mayor Comerchero noted that this was yet another tribute to the staff, noting the continued amazement at the quality of work of the Temecula departmental staff. PUBLIC COMMENTS Mr. Jack Henz, 43009 Manchester Court, relayed that her was speaking on behalf of Felicia Hogan, the Program Coordinator for the Temecula Valley Garden Club, which was presenting its 16th Annual Flower Show and Plant Sale on April 28th from 11:00 A.M. to 4:00 P.M. at the library; invited all those growing flowers or vegetables in their garden to participate in the display, noting that prizes would be awarded; and advised that all the monies raised will be utilized for student scholarships. R:'uMinutes\041001 2 Ms. MaryAnn Edwards, 42913 Calle Londe, relayed that a local family (the Lopshires) have a 12-year old son who was born with a condition that has made him susceptible to life threatening bouts of asthma and pneumonia; advised that the medication which sustains Nathan's life is not covered by insurance; and relayed that there will be a fundraiser for the Lopshire family on April 25th, Nathan's 13th birthday, at Stadium Pizza in Redhawk from 6:00 to 9:00 P.M., noting that a generous percentage of the monies generated from purchasing pizzas at this event will go directly to the family. Mr. Mark Mush, 31731 Code Avalos, commended Councilman Stone for his patience in dealing with the negative comments expressed from the representatives of the Temecula First group; noted his pleasure with the opening of Highway 79 (South); and advised that he was opposed to Councilman Naggar's concepts regarding campaign contributions. Mr. Harold Provin, 44750 Villa Del Sol, road a portion of a news article which stated that a group of residents have been bashing the City with the apparent intent of gaining control and turning Temecula into a short-sighted version of a moratorium city, highlighting the recent accomplishments in the City of Temecula, including convenient shopping, Iow crime rates, beautiful parks, new paramedic services, the Overland Bridge Project, and the numerous road improvements constructed prior to the mall opening. Mr. Ed Dool, 28464 Old Town Front Street, thanked staff and the City Council for the successful Western Days event held in Old Town, commending the City Council for their efforts in Old Town; and applauded the installation of the signage warning drivers of red light violations which had been placed at the intersection of Ynez/Rancho California Roads. It was noted that the City Council heard additional public comments after the City Council reports were considered; see page 4. CITY COUNCIL REPORTS Concurring with Mr. Dool's comments regarding the effectiveness of the rod light violation signage recently installed, Councilman Stone additionally noted that the Stop Red Light Abuse Program (SLAP) would be implemented, which encompassed a special traffic team designated at specific intersections to cite red light violators, as well as, stopping drivers who observe the yellow/rod lights in order to give these conscientious drivers a reward (i.e., a gift certificate for a local restaurant); and thanked Police Chief Domenoe for his efforts organizing the program. Relaying that last Saturday, Mayor Comerchero and he had hosted the community workshop for the 40-acre Sports Park Project, Councilman Stone thanked all the residents who attended, advising that great input was provided. Mayor Pro Tem Roberts noted that last week a press conference was held announcing the donation of $4.4 million for the Pala Road Ultimate Improvements Project, relaying special thanks to the Tribal Chairman Macarro, the Tribal Council Members, and the members of the Pechanga Development Corporation. In addition, Mayor Comerchero relayed gratitude to the Tribal Councilman Basquez, who aided in the securing of this donation. Commenting on the Building Department being open on April 11th until 7:00 P.M. during Building and Safety Week, Mayor Comerchero recommended that City Hall be R:~Minutes\041001 3 opened up more frequently, requesting staff to investigate the feasibility of opening City Hall from 6:00 to 9:00 P.M. twice a year, providing an opportunity for residents to take tours, and to meet staff and the City Council. Echoing Mayor Comerchero's comments, Councilman Stone recommended consideration of holding a Saturday Open House for those individuals who are unable to come to City Hall on weekdays. Mayor Comerchem reiterated that Highway 79 (South) was now open from Avenida De Missions to the freeway, advising that there will be a Ribbon Cutting Ceremony held by the County on Thursday, April 12th at 9:30 A.M. at the corner of La Paz Street/Highway 79 (South). Providing additional information, City Manager Nelson relayed that the loop connectors were now fully operating. With respect to the signage warning drivers of red light violations, Mayor Comerchero advised that this concept was implemented as a result of a trip taken to the City of Brea where the signage was seen and photographed; and commended Director of Public Works Hughes, and staff, for the expeditious installation of the signs. At this time the City Council heard additional public comments. Mr. Wesley Hylen, representing the Roripaugh Project, requested the City Council to consider expediting the processing of approvals for this particular project; noted the past discussions the Roripaugh representatives have had with staff and Councilmembers regarding expediting this schedule; specified the three additional items that the applicant has been requested to address, inclusive of mitigation for school facilities, energy efficient homes and buildings, and provision of a study to establish a traffic baseline for the project; advised that as long as the applicant is provided an expedited processing procedure the provision of the additional items would be acceptable to the applicant, as well as, having these items included as part of the Development Agreement; noted that this project would provide the City with the opportunity complete a major road bypass (i.e., the Butterfield Stage Road, and Murrieta Hot Springs Road Projects), relaying other improvements which would be implemented with the project; and requested that if this approval process cannot be expedited, that the City Council jointly process a separate Specific Plan and EIR through the City and the County simultaneously. For Councilman Naggar, Mr. Hyten confirmed that the applicant was willing to pay full level school mitigation fees, to go forward with an independent traffic study, to establish a moratorium of not more than 60 days at one time in a calendar year in regard to a Stage 3 electrical power outage, that the project's traffic would generate approximately twenty percent (20%) of the traffic on Butterfield Stage Road, but would provide approximately eighty percent (80%) traffic relief for vehicles from other areas, and that the project has reduced the residential units to 1721; in response to Councilman Stone, specified the applicant's timetable, noting that the construction of Butterfield Stage Road has been scheduled to be constructed from March of 2002 to October of 2002, advising that to meet this timeframe, approvals would be needed by August 15th. Relaying the benefits of having land use authority, Councilman Stone advised that if this project goes to the County, the City will have no control over what will be approved. For Councilman Stone, Deputy City Manager Thornhill relayed that staff received the Draft EIR approximately a week ago, noting the required staff time for the extensive review; advised that if the applicant could expedite his turnaround time for submittals, and if it was the City Council's desire to move this project forward, the earliest date that staff could bring this project to hearing would be in September, or October; and recommended that the Subcommittee work with staff at which time the timetable could be discussed and the Subcommittee could bring back a recommendation. Mayor Comerchero recommended agendizing this issue for the next regular City Council meeting, and at that time that the Subcommittee provide a report to the City Council, For Councilman Naggar, Mr. Hylen clarified the time restraints associated with this project, noting that the applicant has an option on the property, relaying that the applicant has to abide by that date. Mr. Richard Ashby, applicant for the Roripaugh Project, relayed that the EIR previously referenced was the third EIR that has been submitted; noted that Supervisor Venable was quoted in the newspaper, stating that he expects five million people visiting the new recreational dam every year, relaying that the Butterfield Stage Road Project would relieve Winchester Road and Highway 79 (South) from some of this anticipated traffic; noted that he has been working on this project since early 1998; requested that the City Council agree to fast-track the project or make the applicant aware that this would not be feasible so that the project could be processed through the County. City Manager Nelson advised that staff would schedule a meeting with the Subcommittee and agendize this matter for the April 24th City Council meeting. CONSENT CALENDAR 2 3 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of January 16, 2001, Joint City Council/Planning Commission meeting. It was noted that Mayor Comerchero abstained from this item. Resolution Approving List of Demand,~ RECOMMENDATION: 3.1 Adopt a resolution entitled: R:~vlinutes\041001 RESOLUTION NO. 01-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 5 6 City Treasurer's Report as of February 28, 2001 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of February 28, 2001. Approval of Funds for Plan Review Services with Es,qil Corporation RECOMMENDATION: 5.1 Approve an expenditure in an amount not to exceed $50,000 for Plan Check Services with Esgil Corporation. License Agreement between RCFCD & WCD and the City of Temecula for Via Montezuma Low-Flow Crossin,q at Murrieta Creek- Project No. PW99-15 RECOMMENDATION: 6.1 Approve the License Agreement between Riverside County Flood Control and Water Conservation District (RCFCD & WCD) and the City of Temecula for the Via Montezuma Low-Flow Crossing at Murrieta Creek - Project No. PW99-15. Award of Construction Contract for the installation of a traffic signal at MarRarita Road and Stonewood Road- Project No. PW00-1R RECOMMENDATION: 7.1 Award a contract for the installation of a traffic signal at Margarita Road and Stonewood Road - Project No. PW00-18 -to DBX, Inc. for $132,000.00 and authorize the City Manager to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $13,200.00 which is equal to 10% of the contract amount; 7.3 Approve a transfer of $80,000.00 Development Impact Fees - traffic signals, PaJa Road at Lema Linda Road, and $80,000.00 from Pala Road at Wolf Valley Road for the installation of a traffic signal at Margarita Road and Stonewood Road. It was noted that Councilman Naggar abstained from this item. R:',Minutes\041001 6 8 Award of a Contract for the Light Em tt n,q D ode (LED) Traffic Si,qna Conversion Program - Proiect No. PW01-03 RECOMMENDATION: 8.1 Award the contract for the Light Emitting Diode (LED) Traffic Signal Conversion Program - Project No. PW01-03 - to Fluoresco Lighting & Signs for the corrected bid amount of $332,681.73 provided that they furnish and install the LED units by the June 1, 2001, deadline set by the California Energy Commission and authorize the City Manager to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $33,268.17 which is equal to 10% of the contract amount; 8.3 Approve a transfer of $59,000 from Capital Project Reserves - Rainbow Canyon South Interchange - and $31,000 from Flashing Beacons 2000 for the Light Emitting Diode (LED) Traffic Signal Conversion Program This item was pulled for separate discussion; see page 8. Solicitation of Construction Bids and Approval of the Plans and Specifications for Project No. PW01-07 - FY2000-01 - Slurry Seal Project RECOMMENDATION; 9.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW01-07 - FY2000-01 - Slurry Seal Project. 10 Second Reading of Ordinance No. 01-05 (Monthly Compensation for City Commissioners) RECOMMENDATION: 10.1 Adopt an ordinance entitled: ORDINANCE NO. 01-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION NO. 2.40.100 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO MONTHLY COMPENSATION FOR CITY COMMISSIONERS MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-7, and 9-10. The motion was seconded by Mayor Pro Tem Roberts and voice vote reflected approval with the exception of Mayor Comerchero who abstained from Item No. 2, and Councilman Naggar who abstained from Item No. 7. At this time the City Council considered Consent Calendar Item No. 8. 8 Award of a Contract for the Liqht Emitt nq D ode (LED) Traffic S qna Conversion Pro.qram - Proiect No. PW01-03 RECOMMENDATION: 8.1 Award the contract for the Light Emitting Diode (LED) Traffic Signal Conversion Program - Project No. PW01-03 - to Fluoresco Lighting & Signs for the corrected bid amount of $332,681.73 provided that they furnish and install the LED units by the June 1, 2001, deadline set by the California Energy Commission and authorize the City Manager to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $33,268.17 which is equal to 10% of the contract amount; 8.3 Approve a transfer of $59,000 from Capital Project Reserves - Rainbow Canyon South Interchange - and $31,000 from Flashing Beacons 2000 for the Light Emitting Diode (LED) Traffic Signal Conversion Program Director of Public Works Hughes provided an overview of the staff report (of record), noting that on February 13, 2001 the City Council authorized the Department of Public Works to advertise for construction bids for the Light Emitting Diode (LED) Traffic Signal Conversion Program1 that on March 6th bids were opened, and that staff received eight (8) bids for this project; advised that the apparent Iow bidder (Fluoresco Lighting & Signs) submitted a bid with a possible omission in the bid documents, relaying that there were 15 bid items and that one was left blank; noted that the blank item was to provide for a cost for salvaging the excess existing equipment to the City Hall, clarifying that the contractor did not disclose a cost associated with that work. At the time the bids were reviewed, Director of Public Works Hughes noted that City Staff was of the opinion that this omission may result in disqualification of their bid, relaying, however, that when the omission was brought to the attention of the contractor, he provided written clarification indicating that the blank bid item represented a "0," or no cost for salvaging this equipment to the City; advised that postponing the award process, staff received a legal opinion from the City Attorney's office, noting that it was staff's clear opinion that it would be the City's prerogative to award to this Iow bidder, recognizing that the blank item represents an item with no cost. Apprising the City Council of the problem at this time, Director of Public Works Hughes relayed that the apparent Iow bidder has advised the City that he is not willing to guarantee that the work will be completed by June 1, 2001; noted that typically this would not be a significant issue, but that in this case the City has a $140,000 grant paying for the bulk of this contract, and that this particular grant requires that the work be completed by June Ist, or the City would be in a position to have to request an extension of that time, relaying that the request for an extension could result in a reduction in the grant amount by ten percent (10%) if they opt to grant the extension, noting that they could choose not to grant the extension at all, which would put the entire amount of grant funding at risk; clarified that the staff report recommends that the award be made, and that it be contingent upon completion by June lSd, reiterating that the contractor (Fluoresco) has provided a written explanation R:\Minutes\041001 8 stating that the June 1st completion date would not be possible due to the delay in the awarding of the contract; advised that the second lowest bidder has indicated that they would be prepared to complete the work by June 1st, recommending that if the City Council opts to consider awarding to the second lowest bidder that it would only be done based on the lowest bidder requesting that he be removed from the bid process; and noted that both contractors were present to answer questions of the City Council. In response to Councilman Stone, Director of Public Works Hughes relayed that on the other seven bids, the contractors had filled in the blank next to the item which was omitted by the lowest bidder. Councilman Stone opined that if the application was incomplete it should be considered null and void, and that subsequently consideration should go to the second lowest bidder (Republic Electric), advising that if this is not done, it would be his recommendation that all the bids be discarded and that the contract bids be reopened; noted that with the omitted item the contractor could have intentionally Iow-balled the bid, relaying that in his opinion it would not be appropriate to then allow this contractor to state that a "0," was meant to be placed by the omitted item, and to subsequently award the contract to this contractor. With respect to the potential to be penalized for not completing the project by June 1st, for Councilman Naggar, Director of Public Works Hughes relayed that in his experience typically stipulations are provided, encouraging cities to abide by those stipulations; noted that in almost all the cases that he has been involved with, where technicalities or dates were not met precisely, forgiveness was usually provided if the intent and the best effort was made on the part of the local agency to meet those requirements, noting that in this particular case, it was being heard Statewide that the overall date may be extended based on a shortage of equipment; in response to Councilman Naggar's queries regarding the worst case scenario, advised that in his opinion the most likely worst case scenario would be that the City would receive a ten percent (10%) penalty; and specified that the second lowest bid was $36,000 higher than the lowest bid. In response to Councilman Pratt's queries regarding Councilman Stone's comments with respect to starting the bid process over, Director of Public Works Hughes advised that due to the timing issues it would be his recommendation that the bid process was not begun again, noting that at this time the work would most likely be able to be completed within a couple weeks of the deadline if the lowest bidder was awarded the contract, and with the second lowest bidder, the contractor was committed to making the June 1st date, advising that if the project went back out to bid, the deadline would most likely be missed by several months, Addressing the questions of Council, for Councilman Naggar, Director of Public Works Hughes noted that the contract documents, as written, would hold the contractor responsible for meeting the intent of the grant application terms; for Councilman Stone, indicated that the omitted item on the lowest bid, had been included on the other bids at a cost ranging from $500 to $4556, specifying that Republic Electric's bid denoted a cost of $2500 for this item; and for Mayor Comerchero, advised that in all his years of experience if a contractor intended the cost for a bid item to be "0" cost, that the contractor would place a "0" dollar amount. Mr. Gary Gryder, representing Fluoresco Lighting and Signs, relayed that his company was the lowest responsive bidder on bid day; noted the Fluoresco filed a protest shortly after R:'A, linutes\041001 9 they were made aware that their bid was non-responsive, advising that on March 19th they received an answer to that protest rejecting the bid, and had no further contact with the City until last week when Fluoresco received a fax from the Public Works Department requesting information regarding the materials supplier, and the company's ability to finish the work by June 1st; advised that the company does not keep this material in stock, did not anticipate being awarded the contract, and would not be able to complete the project by June 1st; and with respect to the omitted figure on one of the bid items, relayed that no figure was denoted due to there being no charge for delivering to the City the material that would be taken down. Ms. Laura Innes, representing Republic Electric, opined that the City Council should not award the contract to Fluoresco, but to Republic, who was in fact the lowest responsive bidder for the following reasons: to maintain fundamental fairness, noting that along with the $30,000 worth of math errors in Fluoresco's bid, there was the blank Item No. 15, advising that this omission is not an unheard of tactic among contractors, who desired to view the other bids and to reevaluate their position; additionally noted that posted on the City's website was the notice that the Fluoresco bid was disqualified, advising that this information was confirmed in writing by the City Engineer's Office via faxing the spread sheet which stated that Fluoresco's bid was disqualified, as well as, discussions with staff confirming the disqualification; relayed that Republic Electric does not keep these products in stock and that based on Fluoresco's disqualification, Republic ordered the materials in March in order to be able to make the June 1st deadline; noted that Republic can meet the June 1st deadline which will alleviate concerns regarding a possible ten percent (10%) penalty; provided additional information regarding the energy costs saved with the earlier installation; and concluded that since Republic was told that Fluoresco was disqualified, that Republic has the materials for the project, and that the project will be completed by June 1$~, it is Republic's position that their company should be awarded the contract as the lowest responsive bidder. Assistant City Attorney Curley advised that the bid package has specified the June 1st date, noting that the grant specifications have been included in, and made part of, the contract, clarifying that the June Ist date is a key matter; relayed that if was the City Attorney's Office's opinion that if one is stating that they cannot meet the terms of the contract, that this would be an unresponsive situation; addressed the omitted item in the bid document, noting that the bidder went on record stating the intent for that to represent a no cost item which could be considered valid, while noting that it was equally valid to view this as an unresponsive bid due to the expectation for a figure to be placed next to the item; and reiterated that a key issue with this project was the June 1st deadline. Recommending that the City Council maintain the integrity of the bid process which has been blemished in this case, Councilman Stone advised that it was only appropriate and fair to award the contract to Republic Electric, noting that this company filled out the bid correctly, and can meet the June 1s~ deadline. MOTION: Councilman Stone moved to award the contract to the second lowest bidder, Republic Electric. The motion was seconded by Councilman Naggar. (Ultimately this motion was amended; see page '11.) Councilman Naggar noted the importance of the City adopting a policy whereby the bid is required to be completed exactly as instructed, in order to prevent further discrepancies, requesting that this component be added to the motion. MOTION: Amending his previous motion, Councilman Stone moved to award the bid to the second lowest bidder, Republic Electric, and to direct staffto tighten up the bid review process. The motion was seconded by Councilman Naggar. (Ultimately this motion passed; see below.) For future bid processes, Mayor Pro Tem Roberts recommended that staff not notify a contractor that a bid has been rejected until this fact is certain, concurring with Councilman Stone's comments. Mayor Comerchero opined that once Republic was notified that Fluoresco's bid was disqualified, and Republic subsequently ordered the materials in preparation to fulfill the time deadlines included in the terms of the contract, that the City was more than obligated to award the contract to Republic Electric. Noting his support of the City Council motion, Director of Public Works Hughes offered the following clarification: that the Public Works Department has a very stringent bid process, that staff did not have the authority to disqualify any bidder, that the previously referenced discussions between staff and the contractors had solely alluded to stars expectation of what would occur, and not that a bid had been rejected, since this was not within the authority of staff; noted that staff will work to ensure that bids are coming in as clean as possible, while relaying that in this particular case, staff would not have been in position to discard the bid with the omitted item, and that it would still need to be brought before the City Council in order for staff to address the inconsistencies with the Council. Councilman Naggar queried whether the City Manager could be granted the authority to disqualify a bid. In response, Assistant City Attorney Curley advised that staff would further investigate the issue, noting that typically this was a non-delegable duty; and noted that staff would identify the extent to which bids could be handled administratively. At this time voice vote was taken reflecting unanimous approval of the motion. At 8:23 P. M., the City Council recessed, reconvening at 8:33 P.M., as the Temecula Community Services District, and the Temecula Redevelopment Agency. At 8:43 P.M., the City Council resumed with regularly scheduled City Council business. COUNCIL BUSINESS 11 Consideration of Subcommittee to consider Homeless Proqrams and Service~ (as requested by Councilman Naggar) RECOMMENDATION: 11.1 Consider the formation of a subcommittee to make recommendations to the City Council regarding Homeless Programs and Services Relaying that after Supervisor Bust~r's presentation at the March 27, 2001 City Council meeting which outlined the needs regarding the homeless in Southwest Riverside County, Councilman Naggar noted that he had requested that this item be agendized in R:~Vlinutes\041001 I I order for the City Council to consider establishing a Subcommittee to further discuss the issue and to make recommendations to the Council; and offered to serve on this Subcommittee. Mr. Chuck Washington, 29605 Solana Way, relayed his support for Supervisor Buster's efforts and his vision for this community; and volunteered to serve on this Subcommittee, noting his previous service experience in the last five years (i.e., assisting the Alternatives to Domestic Violence, and Habitat for Humanity Organizations). MOTION: Commending Mr. Washington for his desire to be involved, Councilman Stone moved to appoint Councilman Naggar, and Councilman Pratt to serve on the Subcommittee, recommending that the Subcommittee meetings be open to any citizen, including Mr. Washington, who would desire to participate and help solve this issue. The motion was seconded by Mayor Pre Tem Roberts. (Ultimately this motion passed; see below.) Concurring with Mr. Washington's comments, Mayor Pro Tern Roberts noted the benefits of involving citizens with this matter, advising that there are numerous programs in Southwest Riverside County serving people in need; and recommended that the Subcommittee gather information from these other organizations in order to form a cohesive evaluation as to the need in this area. Mayor Comerchero recommended that the Subcommittee not just address the sheltering of the homeless, concurring with Mayor Pro Tem Roberts that broader issues should be investigated. Noting the hardships that can render one homeless, Councilman Naggar relayed the desire to create a mechanism to aid in these situations. At this time voice vote was taken reflecting unanimous approval of the motion. 12 Consideration of Limitations on Campai,qn Contributions (as requested by Councilman Naggar) RECOMMENDATION: 12.1 Discuss limitations on Campaign Contributions and provide direction to staff. Providing the staff report (of record), Assistant to the City Manager Yates presented a brief history of the issue of limitations on campaign contributions as it relates to Temecula; noted that in April of 1997, the City Council adopted an Ordinance providing a voluntary expenditure ceiling equivalent to $1.00 per resident in the City, which had followed the enactment of Proposition No. 208 that permitted cities to establish such ceilings; advised that subsequently there was a legal challenge regarding Proposition No. 208, ergo, the City Council adopted an Urgency Ordinance repealing the 1997 Ordinance; and noted that at this time cities are beginning to once again adopt such volunteer campaign ceilings (Le., the City of Murrieta recently adopted a ceiling limit set at $.50 per registered voter.) For Mayor Pro Tem Roberts, City Clerk Jones relayed that there were approximately 26,000 registered voters in the City of Temecula. R:~lJnutes\041001 ~2 In response to Councilman Naggar, Assistant to the City Manager Yates provided an overview of Murrieta's recently passed Ordinance, advising that it was a volunteer ceiling limit, reiterating that with respect to expenditures the ceiling was set at $.50 per registered voter; and noted that staff could investigate the manner in which the City of Murrieta would address fundraising amounts attained above the expenditure ceiling. For Mayor Comerchero, Assistant City Attorney Curley advised that most of the ceiling limits are established with a voluntary structure, relaying that staff could further explore the issue. Mr. Chris Pederson, 31052 Wellington Circle, noted that he was a proponent of setting campaign contribution ceilings in order to keep the elements of corruption and over- influence away from the process. Mr. Carl Ross, 43886 Butternut Drive, noted his support of campaign financing limits in order to limit the influence individuals, who are not registered as Temecula voters, have on the City of Temecula. Mr. Paul Jacobs, 32370 Corte Zamura Court, noted the shrewdness of Councilman Naggar raising the issue of placing ceilings on campaign contributions in a year when he is not running for reelection; relayed that it was clear that the challengers of the City Council were a very well organized group, noting that while it is commendable for Councilman Naggar to return a favor to his supporters, that the motive for setting campaign contribution limits at this time appears to be disingenuous, suggesting that Councilman Naggar revisit this issue when he is running for reelection so that he could experience the full impact of this desire. In response to Councilman Naggar, Mr. Jacobs relayed that he had no knowledge of the motive for the City of Murrieta recently setting campaign limits; with respect to allowing a $50,000 amount of total contributions, noted that while he could not provide advisement regarding the amount of financing necessary to organize a campaign, that a $50,000 figure seemed appropriate, relaying that in his opinion, individuals should be able to gather the resources they are able to obtain, and be able to amount a campaign as they see fit, as a matter of free speech, and free right; with respect to developers' comments allegedly made regarding the purpose of contributing a large amount of money to discourage other individuals from being able to run in the race, advised that in his opinion individuals make numerous comments dudng political campaigns, noting that it appeared that developers were continually being bashed while it was through their work that the City obtained wider roads, additional traffic lights, and the building of the houses that are lived in; clarified that it was the timing of Councilman Naggar's request that raised concern; and confirmed that Councilman Naggar should be willing to abide by the limits that may be established tonight. For Councilman Stone's queries regarding Mr. Jacobs's opinion with respect to a link between monies raised, and an individual getting elected, Mr. Jacobs noted that there was not a clear cut connection, advising that with large contributions if an individual did not have the support, he, or she, would not be elected; and confirmed that in his opinion it was dubious that this issue was being raised by an individual who may have difficulty raising money due to the lack of support for their political views. Noting that he would not be opposed to setting a limit at $.50 per registered voter, Councilman Pratt relayed that one could do a lot of campaigning for approximately $13,000, while advising that if funds beyond that amount have already been raised, that this limit R:'~vlinutes\041001 should not be retroactive; and noted that he would additionally support a limit for Councilmembers to serve for only two terms, relaying that these limits would provide more individuals an opportunity to serve in local government. Councilman Naggar opined that the rationale for considering setting campaign limits in numerous communities (i.e., the City of Murrieta) was for the purpose of limiting influence and to make running for City Council available to the average citizen; referenced a portion of the Murrieta Ordinance's preamble, which stated that large campaign contributions can undermine the public's trust in the electoral process and lead to unfair competition between candidates, relaying that campaigning ceilings have limited the appearance and incidents of corruption that have been experienced; clarified that he requested that this issue be considered specifically due to the large amount of money being raised and a specific intent brought up by a local fundraiser declaring that it is imperative that a substantial amount of money be raised for each candidate (currently serving on the City Council) to send a strong message to potential challengers; and advised that the average citizen cannot compete with the amount of these contributions. Via overheads, Mayor Pro Tem Roberts presented two mailers that had been distributed to Temecula voters during the 1999 campaign, noting that both dashed developers; advised that both of these items were sent from Action Mail in Escondido, relaying that they both had bogus addresses; after reviewing the disclosures of all the candidates two years ago, noted that while one candidate claimed over $4500 in payments to Action Mail, and another claimed under $400, it appeared that neither of these mailers were claimed by either of these candidates or by anyone else, clarifying that this was approximately $5,000 in postage expense from another source and not claimed in any filings; advised that if everything was equal, and a clean election had been held two years ago, he could support a Iow ceiling limit, noting that he was reluctant to setting Iow limits when others will most likely circumvent the system as in the last election; opined that a ceiling limit of $.50 per registered voter was not acceptable, relaying the funds expended by candidates during the election two years ago; noted that the previous 1997 Ordinance set limits at $1.00 per resident which had been suspended due to a later court decision, but could potentially be put back on the books at this time; and as a compromise, advised that he would be willing to support a ceiling limit of $.50 per resident, allowing the use of the California Department of Finance Population figures to be used as a guide for increasing the count prior to each election. MOTION: Mayor Pro Tem Roberts moved to direct staff to bring back an Ordinance setting a voluntary campaign spending limit of $.50 per resident. Mayor Comerchero seconded the motion. (Ultimately this motion was amended; see page 15.) Councilman Stone relayed that Councilman Naggar raised more money than any other individual during the last election, noting that one of his biggest contributors had been a developer that he has been extremely supportive of in the past (per his voting record), clarifying that he was not inferring that there was any wrongdoing, while expressing his resentment that Councilman Naggar, and others, were inferring that money is going to influence the votes of the other Councilmembers; advised that while he did not believe in campaign limits, or term limits due to the infringement of constitutional rights, that he would support Councilman Naggar's recommended $.50 per registered vote campaign limit if Councilmen Naggar and Pratt would relinquish their posts this year so that all the Councilmembers would be accountable for the same amount of money, and all five members could run for the seats this November. R:~Viinutes\041001 14 For clarification purposes, City Manager Nelson relayed that the annexation of Vail Ranch will occur July 1st, advising that approximately 6,000 residents will be added to the population at that time. Mayor Comerchero recommended that a specific date be established for applying the population count, recommending that the motion be amended to include that the last day of filing for candidates (which is in August) to be the date utilized for the population count. MOTION: Amending his motion, Mayor Pro Tem Roberts moved to direct staff to bring back an Ordinance setting a voluntary campaign spending limit of $.50 per resident, and that the population count would be imposed the last day of the filing period. Mayor Comerchero seconded the motion. (Ultimately this motion failed; see below.) Assistant City Attorney Curley advised that the Constitutional authorization to place limitations on political speech revolve around an appearance of impropriety or some sod of corruption, noting that staff will come back with language in an Ordinance, reflecting the appearance of impropriety as the driving force behind the City Council's action; and noted that when the language comes back to the Council, that it should be carefully reviewed in order to ensure that it reflects the collective consensus of the Council. For Mayor Comerchero, City Manager Nelson advised that staff could bring back an ordinance in 30 days. Concurring with Councilman Stone, Mayor Comerchero noted that generally he would not favor campaign limits due to the infringement on free speech; relayed that every individual had the ability to raise monies, while noting that he was opposed to those who write their own checks (citing a specific example of a candidate who ran for Assemblyman), advising that this creates an unequal playing field; noted that whatever limits are set, most likely there will be candidates who find avenues that do not have to be made pubic, recommending that the limits not be set too Iow so as to decrease this risk; and noted his support of the motion. Commenting on the motion, Councilman Naggar advised that there would be no way the average citizen could compete with the incumbency in this regard. At this time roll call vote was taken reflecting that the motion failed, as follows: 2~3~0 AYES: NOES: ABSENT: Councilmembers: Councilmembers: Councilmembers: Comerchero, and Roberts. Naggar, Pratt, and Stone. None. MOTION: Councilman Stone moved to direct staff to bring back an ordinance reflecting that the campaign contributions be voluntarily limited to $.50 per reg stered voter as of July 1st, 2001, contingent upon Councilmen Naggar and Pratt volunteering to rehnqu~sh their positions in November of 2001 in order for all five Councilmembers to abide by the same rules. (This motion died for lack of a second.) CITY MANAGER'S REPORT No additional comments. R:'~vlinutes\041001 15 CITY ATTORNEY'S REPORT No additional comments. ADJOURNMENT At 9:22 P.M., Mayor Comerchero formally adjourned the City Council meeting to the City Council Workshop on Tuesday, April 17, 2001 at 7:00 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] R:\Minutes\041001 16 MINUTES OF AN ADJOURNED WORKSHOP MEETING OF THE TEMECULA CITY COUNCIL APRIL 17, 2001 The City of Temecula City Council convened in an adjourned workshop meeting at 6:00 P.M., on Tuesday, April 17, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Councilman Naggar. ROLL CALL Present: Councilmembers: Naggar, Pratt, Roberts, Stone, and Mayor Comerchero. Absent: Councilmember: None. PUBLIC COMMENTS There were no public comments. CITY COUNCIL REPORTS At the request of Councilman Pratt, City Clerk Jones read into the record a letter he had written expressing gratitude, and offering accolades for the endless interviews and research conducted by the Riverside County Integrated Project staff in preparing an effective integrated plan; and which additionally noted his concerns regarding the importance of the consideration of an emergency construction plan of a mass transportation system to be in place and operational within five years. In response to Councilman Pratt's comments, Mr. Jim Henderson, Project Manager, thanked Councilman Pratt for his words of praise; with respect to his remarks regarding the need for mass transportation, noted the mutual concern regarding vehicular traffic in Riverside County, advising that the solutions being proposed were oriented towards developing a mass transit system, and to additionally address the increasing volumes of truck traffic; relayed the efforts to bring jobs to Riverside County which will decrease the need to travel back and forth between counties in automobiles; and provided additional information regarding the development of the Transit Oasis Concept. COUNCIL BUSINESS 1 Sixth Workshop for the Riverside County Integrated Plan (RCIP) RECOMMENDATION: 1.1 Receive and file. Noting that this was the sixth workshop related to the Riverside County Integrated Plan (RCIP), City Manager Nelson advised that these quarterly meetings were continuing; and relayed that County staff would be providing a presentation. R:\Minutes\041701 1 Relaying the joint efforts to balance the growth of our population with the mobility needs, housing requirements, and open space and conservation elements, Mr. Henderson advised that achieving this balance was a "quality of life" issue, which was the emphasis of the Riverside County Integrated Plan (RCIP). Via a Power Point presentation, Mr. Henderson updated the City Council regard n,q the RCIP, providing an overview of the followin,q' ' ' The goals for the project, inclusive of: The accommodation of the transportation needs of our urbanizing region with alternative forms of transit, and An integrated approach to habitat conservation. The adoption of the General Plan Vision Alternative, which would be carried forward through the environmental documents for the General Plan, which was the plan with community separators, and with land uses oriented towards developing jobs. The Incentives Program endorsed by the Board as an avenue to increase density within the urban cores. The Alternative No. 1 Multi-Species Habitat Conservation Plan (MSHCP), which provides the most robust reserve design, specifying the following: The efforts to investigate avenues to implement this aggressive plan (i.e., obtain input from the Resource Agencies), The plan to complete the plan by the summer, and The cities involvement with the Implementation Agreement. The refinement of the Community and Environmental Transportation Acceptability Process (CETAP), noting the following: The ongoing negotiations with the Resource Agencies regarding the development of corridors, and That a series of alternatives will be carried forward for environmental review. · The development of a Special Area Management Plan (SAMP). · The restructuring of the Advisory Committee in order to refine the process. For Councilman Naggar, Mr. Henderson confirmed that the Incentives Program and the Vision Alternative included the concept of developing compact communities (i.e., denser cores) which would provide the critical mass for transit and would leave separators around the exteriors of the communities. Elaborating on the Community Centers Program, for Councilman Naggar, Mr. Jerry Jollife, Transportation/Land Manager, relayed that data regarding the Board's adoption to initiate their interest in the program, and information regarding the structure of the Incentives Program could be provided to the City Council, noting that the fundamentals of the program allows higher densities in these relatively small community areas based upon the developer's agreement to provide amenities and benefits to the project via design features; and advised that this program was intended to be coordinated with the Transit Oasis Concept. R:\Minutes\041701 2 Continuing his Power Point presentationI Mr. Henderson provided information regard nq th~'= following e ements: ' ' The aggressive timeline schedule, inclusive of: The County's documents being completed by the summer, The review process continuing through the end of the year, The public review process being held in January, The finalizing of the documents by mid-year, and The opportunities throughout the process for the cities to address their concerns. The ongoing involvement of the cities, relaying the meetings that were being held to gather initial input, advising that City Manager Nelson will be provided the Alternatives Milestone Document which outlines the Board's endorsed process for this project, as well as, a CD which outlines the updated surrounding areas from which the traffic model will be derived. With respect to the input from the cities, Councilman Naggar noted that the Cities of Lake Elsinore and Murrieta have expressed extreme dissatisfaction with the layout of the MSHCP, relaying similar concerns expressed from the Cities of Perris, Beaumont, and Banning; and specified that the concern was regarding the amount of commercial area being eliminated. Noting the City's endorsement of Alternative No. 1, Mayor Comerchero queried why the French Valley area was omitted from consideration for habitat when it appears to be far better-suited than the commercial property in Lake EIsinore and Murrieta. In response, Mr. Henderson relayed that there were specific restrictions that had to be taken into consideration, as well as, the quality of habitat; noted that in French Valley there were various significant streams which are confined with respect to opportunities to enhance that natural space; advised that there was the aggressive acquisition of habitat in the Warm Springs Creek area, additionally noting the interest in the area just east of the 215 freeway at Clinton Keith Road which was good quino habitat; relayed that the balance between the needs of development and transportation, with those of wildlife, would continue to be addressed as the process continues; with respect to the selection of the Lake Elsinore area, relayed that this area was gnatcatcher habitat; advised that the Resource Agencies have defined certain unique wildlife and habitat areas as necessary components; and noted that avenues to accommodate the needs of these various cities will be pursued as the process goes forward. Continuinq his presentation, Mr. Henderson apprised the City Council of the followinq elemenI,,; · The CETAP issues, noting as follows: The four priority corridors, two being in-County, and two being out of County, That the Moreno Valley/San Bernardino Corridor is making excellent progress, relaying the positive input at the community meetings held during the last two weeks. Provided an update regarding the Orange County Corridor, relaying that a meeting was held last Thursday with the Orange County Transportation Agency, and that on Friday there were discussions involving two Supervisors and a Councilmember addressing the synergy that should exist between Riverside and Orange Counties on both housing and jobs issues. Presented the various alternative routes. R:\Minutes\041701 3 For Mayor Comerchero, Mr. Steve Smith, CE'rAP Project Manager, relayed that there has been coordination with Riverside Transit Authority (RTA), noting that RTA sits on the CETAP Advisory Committee, elaborating the considerations in terms of long-range transportation strategies. Providing additional information for Mayor Comerchero, Mr. Edwin Studor, Administrative Manager, relayed that Highway 79 (South) had been investigated as a transportation corridor, that additional right-of-way was being acquired for future transportation options, that this component was also part of the Transit Oasis Strategy, that a 30-year program may be needed for long-term transit improvements, and that the 215 freeway was also designated as a transit corridor. Relaying appreciation for the update, and the efforts to coordinate with San Bernardino and Orange Counties, Councilman Stone queried whether County staff was aware of the fact that years ago, a local developer had designed and engineered a road going from Clinton Keith Road to the coast; and questioned whether there was any useful information from this plan that could save time in developing an east/west corridor to Orange County. In response to Councilman Stone, Mr. Studor provided additional information regarding two proposals previously generated for "A road to the coast," specifying the elements that would not have been feasible with these plans; and noted that the current options being investigated for the Orange County connection included traversing through the Cleveland National Forest, that the Forest is updating their Forest Plan at this time, and that efforts will be made to coordinate with them as far as evaluating this corridor. Noting that at a recent meeting he attended, a member had suggested installation of a railway system from Lake Elsinore to serve as both a scenic and a transportation corridor to the coast, Councilman Pratt queried whether this concept had been considered. In response, Mr. Studor advised that most of the old railroad right-of-ways have been vacated. Continuing his presentation, Mr. Henderson presented the following informatio,~: · Noted that Alternative No. 4, which was the Date Street Alternative has been eliminated from the analysis, relaying that this project would be carried forward as a circulation element roadway, and would be explored as a necessary part of the process due to the need to move the volumes of traffic generated as this area develops. Mr. Studor added that there was a meeting held with City staff to discuss the Date Street connection, specifically, at Highway 79/Murrieta Hot Springs Road, relaying the recent condominium project approved by the County which could preclude an interchange flyover at that location if it is developed; and noted discussions regarding jointly acquiring the property to preserve the option, advising that the asking price was approximately $5 million. Acknowledging the costly expense of acquiring the condominium property, Councilman Stone advised that the City of Temecula was a strong proponent of the Date Street Corridor because without this particular corridor all the traffic of French Valley would be funneled through the limits of Temecula to get to the 1-15; advised that solutions must be sought to vitalize this transportation corridor, making it a top priority in the CETAP process; noted that if this avenue is not pursued, traffic will be a chronic problem in the City of Temecula with no remedy or mitigation, relaying that the cost of this property will be insignificant in comparison to the problems that will occur if the City is required to attempt to accommodate all this traffic with the anticipated growth in the County within the next fifteen years; and emphasized that this project needs prioritization, and that the City of Temecula needs partnership with the County due to the traffic impacts that cannot be mitigated without this it. R:\Minutes\041701 4 Concurring with Councilman Stone's comments, Councilman Pratt queried whether the County was exploring attaining funds other than from the public sector, noting the need for substantial private monies. In response, it was noted that the County Development Agency explores these types of programs. For Councilman Naggar, Mr. Studor noted that the condominium developers did have approval for their project and were moving forward with improvement plans, relaying the need for this issue to be addressed expeditiously. With respect to the condominium project, Councilman Stone relayed that the City was not in a position to use eminent domain since this site was not within the City limits, reiterating the dependence on the County to solve the regional traffic impacts. For Councilman Stone1 Mr. Henderson relayed that the Eastern Bypass Project could address the same issues, noting that this alternative was selected at the Riverside County Transportation Commission (RCTC) level, as the option which had a better chance of survival than Alternative No. 4 due to the acquisition costs and the impacts on neighborhoods, while noting that since the Resource Agencies are not supportive of the Eastern Bypass Alternative, efforts are needed to further explore the issues. Mr. Studor added that the southerly extension of Alternative Nos. 5, or 6 that would tie into the new interchange on the 1-15 was in an area that the Resource Agencies were concerned about, advising that this particular area would also have to be coordinated with the tribal interests; and noted that these projects would provide the most relief in terms of the Eastern Bypass due to the new connection to the 1-15. Mayor Pro Tern Roberts requested assurance that the City of Temecula would have representation during the CETAP focused meetings regarding Alternative Nos. 5, and 6, additionally noting the potential public outcry (i.e., from the residents of Vail Ranch, and Redhawk) if this issue is not fully explored, additionally relaying the potential concerns of the Pechangas, and the Endangered Habitat League; and recommended that all the involved entities be involved in the discussions. With respect to the Date Street Alternative, Councilman Stone recommended that two members of the Temecula City Council meet with Supervisors Buster and Venable to discuss eminent domain potentially initiated by the County, and co-funded by the City of Temecula; and volunteered to meet wth the Supervisors, and their Counsel, to help solve the most important infrastructure issue that Temecula will face in efforts of alleviating traffic. In response to Mayor Comerchero, City Attorney Thorson advised that a Subcommittee could be appointed for these discussions. MOTION: Councilman Stone moved to appoint Mayor Comerchero and himself to serve on a Subcommittee to meet, along with the City Attorney, Supervisors Buster and Venable, and their Counsel, to discuss the potential acquisition of property on Murrieta Hot Springs/Winchester Roads with the ultimate goal of providing a flyover in an effort to make the Date Street overcrossing a viable corridor in the County of Riverside. The motion was seconded by Councilman Naggar. (Ultimately this motion passed; see page 6.) In response to Councilman Naggar, City Attorney Thorson advised that to impose any fees on development, it would be necessary to identify what sources of funding there were, and that the R:\Minutes\041701 5 imposition of the fees would be a detailed process, including identifying the nexus between that development and the fees that would be imposed. Councilman Naggar recommended that the Subcommittee explore this issue. For Councilman Stone, City Manager Nelson noted that there may be avenues for reimbursement for the costs associated with the right-of-way acquisition through Transpodation Uniform Mitigation Fees (TUMF), and/or through various grant funds. Mayor Pro Tern Roberts relayed that the funding for this project could potentially be tied in with the Date/Cherry Streets overcrossing, advising that since this flyover would be extremely expensive, monies would need to come from other funding sources. Confirming the approximate costs of the project, Mr. Steve Smith, CETAP Project Manager, noted that the cost would be approximately $11 million. Councilman Pratt enumerated the benefits of the Date Street Corridor. At this time voice vote was taken regarding the motion, reflecting unanimous approval. With respect to the Eastern Bypass, Councilman Naggar concurred with Mayor Pro Tern Roberts, noting that this project would be a sensitive issue, querying whether if this project was not deemed feasible, the Highway 79 (South) to Butterfield Stage Road Corridor would be the alternative considered. In response, Mr. Smith relayed that all of the recommended alternatives would be evaluated during the environmental review, elaborating on the challenges associated with the Highway 79 (South) option, as well as, the Eastern Bypass option. Mr. Henderson clarified that no final decisions have been made regarding specific options, advising that the concepts presented are being explored and reviewed; for Mayor Pro Tem Roberts, relayed that discussions regarding Alternative Nos. 5, and 6 will take place with the Resource Agencies on Thursday and Friday; and noted efforts to expedite the environmental process. In response to Councilman Naggar, Mr. Smith noted that the initial results of the traffic circulation model will be completed at the end of May; relayed that there would be discussions with staff regarding the preliminary results; and advised that various scenarios will be explored with, and without, the major alternatives. Continuing the presentation, Mr. Henderson provided an overview of the followin!¥ Alternative Nos. 7a, and 7b, apprising the Council, as follows: That the Resource Agencies favor these options, The negative impacts associated with these options due to bringing traffic onto the 215 freeway above the City. For Councilman Pratt, Mr. Smith relayed that ultimately there could be mu tple options implemented to address the various traffic needs, that implementations could include limited access facilities (i.e., freeways), and circulation element roadways; noted the benefits of this comprehensive review, incorporating all the elements associated with the project. Mr. Henderson provided additional information regarding integrating the traffic solutions with land uses, and the MSHCP. R:\Minutes\041701 6 Continuing the presentation1 Mr. Henderson elaborated regard n,q the followin,q' The dedicated transit line being preserved, as projects are developed along the existing Highway 79 (South). Mr. Studor additionally relayed that the transit corridor (mass transit) continues up to the existing San Jacinto Branch line. The 4th component to the Integrated Project, the Special Area Management Plan (SAMP), which is a program of the Corps of Engineers which allows the County to develop an overall management plan for the aqueduct resources that exist in an area, and would aid in the permitting process of the proposed routes. The watershed areas which will be studied in order to integrate this element with the project. Relaying that Mr. Zappe, from Riverside County Flood Control & Conservation District was available for questions of the City Council, Mr. Henderson concluded his presentation, thanking the City Council and staff for their time in considering the RCIP issues; and relayed that County staff will be back in three months for an update. Ms. A. McGregor, 34555 Madera De Playa Drive, relayed concern regarding truck traffic on the highways, smog, and water availability, recommending that the times of truck transportation on the highways be limited, that reclaimed water be utilized to water landscaping, and that trees requiring large amounts of water be restricted from being planted. 2 Morgan Hill Specific Plan No. 31,3 RECOMMENDATION: 2.1 Provide direction to staff. MOTION: Mayor Pro Tern Roberts moved to continue this item off calendar. The motion was seconded by Councilman Naggar and voice vote reflected unanimous approval. CITY MANAGER'S REPORT There were no additional comments. CITY ATTORNEY'S REPORT There were no additional comments. R:\Minutes\041701 7 ADJOURNMENT At 7:28 P.M., Mayor Comerchero formally adjourned the City Council meeting to Tuesday, April 24, 2001 at 7:00 P.M. in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] R:\Minutes\041701 8 ITEM 3 RESOLUTION NO. 01- 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 $2,048,010.27. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 12th day of June, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Resos2OO1/Resos 01- 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 01- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 12 th day of June, 2001 by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNClLMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos2001/Resos 01- 2 CITY OF TEMECULA LIST OF DEMANDS 05/17/01 TOTAL CHECK RUN: 05/24/01 TOTAL CHECK RUN: 05,'31/01 TOTAL CHECK RUN: 06/12/01 TOTAL CHECK RUN: 05/24/01 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 06/t2/01 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 192 193 194 195 210 220 261 280 300 310 32O 33O 34O GENERAL FUND RDA-LOW/MOD INCOME HOUSING COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D TCSD SERVICE LEVEL R CAPITAL IMPROVEMENT PROJ. FUND MARGARITA ROAD REIMB DIST CFD 88-12 ADMIN EXPENSE FUND RDA-REDEVELOPMENT INSURANCE VEHICLES INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES 001 165 190 192 193 194 280 3O0 320 330 340 GENERAL FUND RDA-LOW/MOD INCOME HOUSING COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D RDA-REDEVELOPMENT INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: $ 788,975.55 249,503.10 146,667.14 643,985.67 218,878.81 $ 2,048,010.27 496,712.12 9,883.87 151,711.38 30,674.39 39,659.38 1,068.61 156,288.12 39,369.32 62.69 2,900.00 529.22 1,702.90 764.58 2,163.60 4r144.74 $ 1,829,131.46 218,878.81 ' 2,048~010.27 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 CITY OF TEMECULA PAGE 10 05/17/01 09:04 VOUCHER/CHECK REGISTER FOR ALL PERIODS FURD TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 53,654.12 1,077.35 55,297.99 30,631.17 1,282.36 609,743.17 18,170.11 9,156.14 7,413.49 2~549.65 TOTAL 788,9~5.55 ,/ VOUCHRE2 CITY OF TEMECULA PAGE 1 05/17/01 09:04 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK NUMBER DATE 69185 05/17/01 69186 05/17/01 69187 05/17/01 69188 05/17/01 69189 05/17/01 69189 05/17/01 69190 05/17/01 69191 05/17/01 69191 05/17/01 69192 05/17/01 69192 05/17/01 69193 05/17/01 69193 05/17/01 69194 05/17/01 69194 05/17/01 69195 05/17/01 69196 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69197 05/17/01 69198 05/17/01 69199 05/17/01 69199 05/17/01 VENDOR NUMBER 001985 004246 003304 VENDOR NAME A E P (ASSOC OF ENVIRO ACME SCREEN PRINTING ADAMS ADVERTISING INC ADAMS, SUSAN 004054 ADKISON ENGINEERS INC 004054 ADKISON ENGINEERS INC ALLARD, CARI ALTERNATIVE FIRE PROTEE ALTERNATIVE FIRE PROTEC 004240 AMERICAN FORENSIC NURSE 004240 AMERICAN FORENSIC NURSE 004022 AMERICAN MINI STORAGE~ 004022 AMERICAN MINI STORAGE, 000101 APPLE ONE~ INC. 000101 APPLE ONE, INC. 003266 ARCUS DATA SECURITY 004509 ART & FRAME WAREHOUSE 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 002648 AUTO CLUB OF SOUTHERN C 004206 BANUELOS, TERESA 004040 BIG FOOT GRAPHICS 004040 BIG FOOT GRAPHICS 69200 05/17/01 003567 69200 05/17/01 003567 C C MYERS INC C C MYERS INC ITEM DESCRIPTION MEMBERSHIP: THOMAS THORNSLEY SOFTBALL TOURNAMENT AWARDS BILLBOARD UPDATE:JAZZ FESTIVAL REFD:ARTS/CRAFTS-DRAWING CLASS APR SURVEY SVC:IST STREET BRDG APR SURVEY SVCS:ADD~L MATERIAL REFD:ARTS/CRAFTS~DRAWING CLASS REFUND:OVRPMT 899-3774 REFUND:OVRPMT 899-3774 CITY LIMITS BLO00 DRAWS-PD/CHP CITY LIMITS BLO00 DRAWS-PD/CHP CITY RECORDS STORAGE UNIT Cl15 B&S STORAGE UNIT B109 TEMP HELP W/E 04/28 BRUNER TEMP HELP W/E 4/28 DICLEMENTE OFFSITE RECORDS STORAGE FRAMES FOR AERIAL PHOTOS:PALA MEMBERSHIP:AUSTIN,M.64444391 MEMBERSHIP:BURON~B.88550918 MEMBERSHIP:NURST,R. 88551635 MEMBERSHIP:ISAACSON,R.25186684 MEMBERSHIP:KANIGOWSKI 88552294 MEMBERSHIP:MCBRIDE,J.10687563 MEMBERSNIP:NORRIS~M.19990969 MEMBERSHIP:OSVOLD,H.16354762 MEMBERSHIP:PELLETIER 88551874 MEMBERSRIP:ROOEEKER 52094984 MEMBERSNIP:SMITHoCLAY 56429280 MEMBERSHIP:ETERLING,S.88552252 MEMBEREHIP:TIDWELL,R.63295026 MEMBERBHIP:WEDEKING,B.88552356 TCSD INSTRUCTOR EARNINGS DAY CAMP T-SHIRT DESIGNS DESIGN SPRING EGG HUNT ARTWORK ACCOUNT NUMBER 001-161-999-5226 190-187-999-5313 280-199-999-5250 190-183-4982 280-199-807-5804 280-199-807-5804 190-183-4982 001-171-4036 001-171-4037 001-170-999-5528 001-170-999-5328 001-120-999-5277 001-162-999-5234 001-162-999-5118 001-162-999-5118 001-120-999-5277 001-165-999-5250 001-162-999-5214 001~164-601-5250 001-164-601-5214 001~164-601~5250 190-180-999-5214 001-163-999-5250 001-162-999-5214 190-180-999-5214 001-162-999-5214 001-164-601-5250 190-180-999-5214 001-164-601-5214 190-180-999-5214 190-183-999-5330 190-185-999-5370 190-183-999-5370 REL RETENTION PW95-11 OVLD/I15 210-2035 WARRANTY RET-PW95-110VRLD/I15 210-2035 ITEM AMOUNT 100.00 153.73 450.00 36.00 2,145.00 752.50 36.00 438.00 144.00 335.00 21.00 124.00 124.00 278.52 520.00 125.50 200.00 53.00 43.00 43.00 53.00 43.00 53.00 43.00 53.00 43.00 43.00 53.00 43.00 43.00 43,00 170.00 250.00 100.00 671,216.71 65,835.46- CHECK AMOUNT 100.00 153.7'5 450.00 36.00 2,897.50 36.00 582.00 356.00 248.00 798.52 125.50 200.00 652.00 170.00 350.00 605,381.25 VOUCHRE2 05/17/01 09:04 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 2 VOUCHER/ CHECK CHECK NUMBER DATE 69201 05/17/01 69202 05/17/01 69203 05/17/01 69203 05/17/01 69204 05/17/01 69205 05/17/01 69206 05/17/01 69206 05/17/01 69206 05/17/01 69207 05/17/01 69208 05/17/01 69209 05/17/01 69210 05/17/01 69211 05/17/01 69212 05/17/01 69213 05/17/01 69214 05/17/01 69214 05/17/01 69214 05/17/01 69214 05/17/01 69215 05/17/01 69215 05/17/01 69215 05/17/01 69215 05/17/01 69215 05/17/01 69215 05/17/01 69215 05/17/01 69215 05/17/01 69216 05/17/01 69217 05/17/01 69217 05/17/01 69218 05/17/01 69219 05/17/01 VENDOR VENDOR NUMBER NAME 004228 CAMERON WELDING SUPPLY 004093 CARDIO CARE PLUS 000137 CHEVRON U S A INC 000137 CHEVRON U S A INC CLARK~ JAN COLLINS, DEBBIE 001193 COMP U S A INC 001193 COMP U S A INC 001193 COMP U S A INC 000442 COMPUTER ALERT SYSTEMS 001014 COUNTRY SIGNS & DESIGNS 004123 D PHARES & ASSOCIATES 001393 DATA TICKET INC 004526 DESTINATION TEMECULA 004417 DISCOUNT SCHOOL SUPPLY 004192 DOWNS COMMERCIAL FUELIN 002981 DYNA MED 002981 DYNA MED 002981 DYNA MED 002981 DYNA MED 001380 E S EMPLOYMENT SERVIC 001380 E S EMPLOYMENT SERVIC 001380 E S EMPLOYMENT SERVIC 001380 E S EMPLOYMENT SERVIC 001380 E S EMPLOYMENT SERVIC 001380 E S EMPLOYMENT SERVIC 001380 E S EMPLOYMENT SERVIC 001380 E S EMPLOYMENT SERVIC 000523 EASTERN MUNICIPAL WATER 004130 ELSINORE ELECTRICAL SUP 004130 ELSINORE ELECTRICAL SUP 000164 ESGIL CORPORATION 002060 EUROPEAN DELI & CATERIN ITEM DESCRIPTION RECREATION SUPPLIES FOR TCC TCSD INSTRUCTOR EARNINGS FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES REFUND: EX-CATALINA EXPRESS REFUND:GYMNASTICS-TODDLERS MISC COMPUTER SUPPLIES FREIGHT SALES TAX REPLACE FRNT DOOR MAGS:WEDDING FACADE IMPR PRGM:WAVES OF HAIR JUNE SATELLITE OFFICE RENTAL MAR PEKING CITATION PROCESSING CA TOURISM OFFICIALS TRANSPORT CRAFT SUPPLIES-FAMILY FUN NGHT FUEL FOR CITY VEHICLES AQUATIC SUPPLIES-SPR/SUMMER AQUATIC SUPPLIES-SPR/SUMMER AQUATIC SUPPLIES-SPRG/SUMMER AQUATIC SUPPLIES-SPRG/SUMMER TEMP HELP W/E 05/04 RUSH TEMP HELP W/E 05/04 EBON TEMP HELP W/E 05/04 EBON TEMP HELP W/E 05/04 HANSEN TEMP HELP W/E 05/04 HANSEN TEMP HELP W/E 05/04 HANSEN TEMP HELP W/E 05/04 OB~L~NN TEMP HELP W/E 05/04 HERR 95366-02 DIEGO DR LDSCP ELECT SUPPLIES: CRC ELECT SUPPLIES: CRC APRIL PLAN CHECK REVIEWS BOX LUNCHES:MUSEUM EXCURSION ACCOUNT NUMBER 190-184-999-5301 190-183-999-5330 001-170-999-5262 001-110-999-5263 190-183-4986 190-183-4982 320-199-999-5242 320-199-999-5242 320-199-999-5242 190-185-999-5250 280-199-813-5804 001-170-999-5229 001-170-999-5250 001-111-999-5270 190-183-999-5371 190-180-999-5263 190-186-999-5301 190-186-999-5301 190-186-999-5301 190-186-999-5301 001-161-999-5118 340-199-701-5118 340-199-702-5118 001-164-604-5118 001-161-999-5118 001-120-999-5118 001-171-999-5118 001-162-999-5118 193-180-999-5240 190-182-999-5212 190-182-999-5212 001-162-999-5248 190-185-999-5250 ITEM AMOUNT 31.41 368.00 57.85 30.21 80.00 36.00 170.51 9.12 12.78 65.00 1,947.53 1,661.73 624.00 300.00 59.77 490.61 10.16 '1.79 17.46 3.08 1,896.39 853.80 284.60 133.17 1,036.41 683.22 1,197.63 2,286.40 193.96 71.17 1~.67 2,2B0.39 64.35 CHECK AMOUNT 31.41 368.00 88.06 80.00 36.00 192.41 65.00 1,947.53 1~661.73 624.00 300.00 59.77 490.61 32.49 8,371.62 193.96 248.84 2,220.39 VOUCHRE2 CITY OF TEMECULA PAGE 3 05/17/01 09:04 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 69219 69220 69221 69221 69222 69222 69222 69222 69222 69222 69222 69222 69223 69224 69225 69225 69225 69225 69226 69227 69227 69227 69227 69227 69227 69228 69229 69230 69230 69230 69230 69231 69232 69233 69233 CHECK VENDOR VENDOR ITEM DATE NUMBER NAME DESCRIPTION 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 002060 EUROPEAN DELI & CATERIN SALES TAX 002037 EXPANETS 000478 FAST SIGNS 000478 FAST SIGNS 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS IHC 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS IHC 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS IRC 000165 FEDERAL EXPRESS INC 004310 FEDEX GROUND INC 000166 FIRST AMERICAN TITLE CO 003347 FIRST BANKCARD CENTER 003347 FIRST BANKCARD CENTER 003347 FIRST GANKCARD CENTER 003347 FIRST BANKCARD CENTER 001135 FIRST CARE INDUSTRIAL M 004178 FREEDOM SIGNS 004178 FREEDOM SIGNS 004178 FREEDOM SIGNS 004178 FREEDOM SIGNS 004178 FREEDOM SIGNS 004178 FREEDOM SIGNS ~ARLAND, MICHAEL GEANAKOS, KATHY 000177 GLENNIES OFFICE PRODUCT 000177 GLENNIES OFFICE PRODUCT 000177 GLENNIES OFFICE PRODUCT 000177 GLENNIES OFFICE PRODUCT 001609 GREATER ALARM COMPANY GUPTA, GEETA 000378 HAFELI, THOMAS 000378 HAFELI, THOMAS PHONE MNTC & REPAIRS:CITY HALL 12-N0 TRESPASSING SIGNS SALES TAX EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES GROUND EXPRESS PACKAGE SERVICE LOT BOOK REPT: GORDON XX-9277 R.ROBERTS:APTA & CALED XX-0432 ELMO:ECO PRESS/MTGS XX-0432 ELMO:ECO PRESS/NTGS XX-0432 ELMO:ECO PRESS/MTG$ PRE-EMPLOYMENT PHYSICALS FACADE IMPR PRGM: LOPEZ MRKT FACADE IMPR PRGM:TEM POLICE FACADE IMPR PRGM:CLASSIC TOUCH FACADE IMPR PRGM:TALCOTT COMP. FACADE IMPR PGM:RANCHO GRAPHIC FACADE IMPR PRGM:SAN DIEGO CO. REFUND: EX-CATALINA EXPRESS REFUND: PICNIC SHELTER MUSEUM FILE CABINET OFFICE SUPPLIES-MUSEUM MISC OFFICE SUPPLIES-TCSD MISC OFFICE SUPPLIES-SE CTR ALARM MONITORING:STOREFRONT REFUND: EX-CATALINA EXPRESS REIMB:HP K60 PRINTER FOR PRATT REIMB:SIERRA COHF:4/30-5/04/01 ACCOUNT NUMBER 190-185-999-5250 320-199-999-5215 190-182-999-5242 190-182-999-5242 001-110-999-5230 001-150-999-5230 001-162-999-5230 001-162-999-5230 190-180-999-5230 001-161-999-5230 001-110-999-5230 001-111-999-5230 280-199-999-5230 165-199-999-5250 001-100-999-5258 001-162-999-5260 001-1990 001-162-999-5220 001-150-999-5250 280-199-813-5804 280-199-813-5804 280-199-813-5804 280-199-813-5804 280-199-813-5804 280-199-813-5804 190-183-4986 190-183-4989 190-185-999-5242 190-185-999-5220 190-180-999-5220 190-181-999-5220 001-170-999-5229 190-183-4986 320-199-999-5242 320-199-999-5258 ITEM AMOUNT 4.83 54.00 411.00 30.83 58.53 12.92 64.59 179.13 32.94 32.85 12.92 23.71 70.95 150.OO 1,475.91 86.96 90.39 121.45 695.00 1,460.00 992.50 1,067.50 1,067.50 1,210.00 800.00 160.00 25.00 493.43 12.86 153.73 131.54 60.00 120.00 322.49 178.41 CHECK AMOUNT 69.18 54.00 441.83 417.59 70.95 150.00 1,774.71 695.00 6,597.50 160.00 25.00 791.56 60.00 120.00 500.90 69234 05/17/01 000186 HANKS HARDWARE IRC HARDWARE SUPPLIES - FIRE DEPT 001-171-999-5212 53.80 VOUCHRE2 05/17/01 09:04 VOUCHER/ CHECK CHECK NUMBER DATE 69234 05/17/01 69234 05/17/01 69235 05/17/01 69235 05/17/01 69236 05/17/01 6923? 05/17/01 69238 05/17/01 69239 05/17/01 69240 05/17/01 69241 05/17/01 69241 05/17/01 69242 05/17/01 69243 05/17/01 69244 05/I?/01 69244 05/17/01 69245 05/17/01 69246 05/17/01 69246 05/17/01 69247 05/17/01 69248 05/17/01 69249 05/17/01 69249 05/17/01 69249 05/17/01 69249 05/17/01 69250 05/17/01 69250 05/17/01 69250 05/17/01 69250 05/17/01 69250 05/17/01 69250 05/17/01 69250 05/17/01 69251 05/17/01 69252 05/17/01 VENDOR VENDOR NUMBER NAME 000186 HANKS HARDWARE INC 000186 HANKS HARDWARE INC 001013 HINDERLITER DE LLAMAS & 001013 HINDERLITER DE LLAMAS & 003198 NONE DEPOT, THE NOSPICE OF THE VALLEYS 003622 I C M A - MEMBERSHIP 00151? INTEGRATED INSIGHTS DBA 001407 INTER VALLEY POOL SUPPL 004119 J T B SUPPLY COMPANY IN 004119 J T B SUPPLY COMPANY IN 004079 JERKERS & GILCHRIST 000203 JOBS AVAILABLE IRC 005666 JOHNS MOTORCYCLES 003666 JOHNS MOTORCYCLES 003223 K E A ENVIRONMENTAL, IN 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE KERR, PAT 003986 KEVIN COZAD & ASSOCIATE 004500 KIEFER SPORTS GROUP 004500 KIEFER SPORTS GROUP 004500 KIEFER SPORTS GROUP 004500 KIEFER SPORTS GROUP 004104 KINETIC SYSTEMS IRC 004104 KINETIC SYSTEMS INC 004104 KINETIC SYSTEMS ]NC 004104 KINETIC SYSTEMS IRC 004104 KINETIC SYSTEMS INC 004104 KINETIC SYSTEMS IHC 004104 K]NETIC SYSTEMS IRC 001282 KNORR SYSTEMS ]NC 004122 KRUEGER, KIMBERLEE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION MISC HARDWARE SUPPLIES-MUSEUM MISC HARDWARE SUPPLIES-MUSEUM SALES TAX CONSULTING SERVICES SALE5 TAX RECOVERY FEES RES IMPR PRGM:GRUNAUER(DOOR) RFD:SECURITY DEPOSIT MS00-2156 MEMBERSHIP: SHAWN D. NELSON EMPLOYEE ASSISTANCE PRGM POOL SANITIZING CHEMICALS TRAFFIC SIGNAL EQUIPMENT TRAFFIC SIGNAL EQUIPMENT APR PROF LEGAL SERVICES RECRUITMENT ADS:ASSOC PLANNER REPAIR MNTC FOR POLICE ATV REPAIR MNTC FOR POLICE ATV APR BIOLOGICAL SVC:PALA RD BAD TEMP HELP W/E 04/29 DARNER TEMP HELP W/E 5/6 DANIELS/DAMN REFUND: GYMNASTICS-RNYTH KIDZ APR SURVEY SVC:OLD TWA THEATER DIVE BRICKS FOR AQUATICS DIVE STICKS FOR SUIM LESSONS EGG FLIPS FOR SWIM LESSONS FREIGHT INSPECT COMPRESSOR @ CRC GYM HVAC PREVENTIVE MNTC:CITY HALL HVAC PREVENTIVE MNTC:MNTC FAC HVAC PREVENTIVE MNTC:CRC HVAC PREVENTIVE MNTC:TCC HVAC PREVENTIVE MNTC:MUSEUM HVAC PREVENTIVE MNTC:SR CTR MISC POOL SUPPLIES - CRC REIMB:SIERRA CONF:4/30-5/4/01 PAGE 4 ACCOUNT ITEM CHECK NUMBER AMOUNT AMOUNT 190-185-999-5301 59.97 190-185-999-5242 70.45 184.22 001-140-999-5248 900.00 001-140-999-5248 959.09 1,859.09 165-199-813-5804 927.35 927.35 190-2900 100.00 100.00 001-110-999-5226 960.29 960.29 001-150-999-5248 502.20 502.20 190-186-999-5250 221.99 221.99 001-164-602-5242 172.00 001-164-602-5242 295.63 467.63 001-130-999-5247 130.47 130.47 001-150-999-5254 92.00 92.00 001'170'999'5214 76.53 001-170-999-5214 ?6.53 155.06 210-165-631-5801 512.50 512.50 001-161-999-5118 532.00 001-161-999-5118 425.60 957.60 190-183-4982 36.00 36.00 210-190-167-5802 2,400.00 2~400.00 190-186-999-5301 32.95 190-186-999-5301 59.50 190-186-999-5301 99.50 190-186-999-5301 16.10 208.05 190-182-999-5416 240.00 340-199-701-5250 675.00 540-199-702-5250 37.50 190-182-999-5250 453.~5 190-184-999-5250 93.75 190-185-999-5250 112.50 190-181-999-5250 37.50 1,650.00 190-186-999-5212 191.56 191.56 320-199-999-5258 105.74 105.74 VOUCHRE2 05/17/01 09:04 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 5 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 69253 05/17/01 004062 69253 05/17/01 004062 69254 05/17/01 004051 69255 05/17/01 001719 69256 05/17/01 000945 69256 05/17/01 000945 69257 05/17/01 002654 69258 05/17/01 004087 69259 05/17/01 004141 69259 05/17/01 004141 69259 05/17/01 004141 69259 05/17/01 004141 69259 05/17/01 004141 69259 05/17/01 004141 69260 05/17/01 004107 VENDOR NAME KUSTOM SIGNALS INC KUSTOM SIGNALS INC L 0 R GEOTECHNICAL GROU L P A INC L P S COMPUTER SERVICE L P S COMPUTER SERVICE LITELINES INC LOWE'S MAINTEX INC MAINTEX INC MAINTEX INC MAZNTEX INC MAINTEX INC MAINTEX INC MASSA-LAVITT, SANDRA 69261 05/17/01 MASTER POULS 69261 05/17/01 MASTER POOLS 69261 05/17/01 MASTER POOLS 69262 05/17/01 003448 MELODYS AD WORKS 69263 05/17/01 004208 MILANOS 69263 05/17/01 004208 MILANOS 69264 05/17/01 001384 MINUTEMAN PRESS 69264 05/17/01 001384 MINUTEMAN PRESS 69264 05/17/01 001384 MINUTEMAN PRESS 69264 05/17/01 001384 MINUTEMAN PRESS 69265 05/17/01 MISSION POOLS, INC. 69265 05/17/01 MISSION POOLS, INC. 69265 05/17/01 MISSION POOLS, INC. 69266 05/17/01 003715 69266 05/17/01 003715 69267 05/17/01 004391 69268 05/17/01 001599 69269 05/17/01 004191 69270 05/17/01 004401 MORTON TRAFFIC MARKINGS MORTON TRAFFIC MARKINGS NATIONAL AIR INC NORTH COUNTY BASKETBALL NORTH COUNTY TIMES-PMT NU VISION PRODUCTIONS ITEM DESCRIPTION RADAR SMART COMPUTER KIT-POLIC SALES TAX APR GEOTECH SVC:IST ST. BRIDGE REIMBURSABLES:TEM LIBRARY PRJT HP PRINTER SUPPLIES HP PRINTER SUPPLIES BANNER ARM ASSEMBLY REPLACEMNT HARDWARE SUPPLIES-SR CENTER CREDIT: ITEMS RETURNED TCC CUSTODIAL SUPPLIES TOD CUSTODIAL SUPPLIES CITY HALL CUSTODIAL SERVICES VAR PARKS CUSTODIAL SUPPLIES CRC CUSTODIAL SUPPLIES 5/01-5/11/01 CONSULTING SVCS REFUND:FEE OVERPMT:B01-1061 REFUND:FEE OVERPMT:BOl-1061 REFUND:FEE OVERPMT:B01-1061 MARKETING:DIXIELAND JAZZ FEST. REFRESHMNTS:HARVESTON MTG:5/08 REFRSNMNTS:RORAPAUGH MTG:5/09 BUSINESS CARDS:M.MEDEIROS (PD) SALES TAX BUSINESS CAROS:LS/TA/LW BUSINESS CARDS:LS/TA/LW REFUND:DUPL PMT:B01-1115 REFUND:DUPL PMT:B01-1115 REFUND:DUPL PMT:B01-1115 STENCIL PAINT FOR PW MAINT. SALES TAX REPAIR 2 HVAC UNITS @ STN #84 BASKETSALL UMPIRE SERVICES RENEW SUBSCRIPTION 5/23-11/22 VIDEO EDIT SVCS:EVERY 15 MINS ACCOUNT NUMBER 001-170-502-5610 001-170-502-5610 280-199-807-5804 210-199-129-5802 320-199-999-5221 320-199-999-5221 280-199-999-5271 190-181-999-5212 190-182-999-5212 190-184-999-5212 190-18/+-999-5212 340-199-701-5212 190-180-999-5212 190-182-999-5212 001-161-999-5248 001-162-4285 001-162-4200 280-199-999-5250 001-161-999-5260 001-161-999-5260 001-170-999-5222 001-170-999-5222 001-162-999-5222 001-162-999-5222 001-162-4285 001-162-4200 001-2290 001-164-601-5218 001-16/+-601-5218 001-171-999-5212 190-187-999-5250 190-180-999-5228 001-170-999-5371 ITEM AMOUNT 3,000.00 225.00 3,090.00 893.21 950.72 402.05 376.31 161.12 37.75- 9.78 2.80 213.42 160.82 63.50 1 ~972.35 324.50 243.38 5.37 2,000.00 60.80 129.20 40.02 3.00 54.70 68.66 273.50 101.25 1.12 2,070.00 155.25 223.95 102.00 61.00 161 CHECK AMOUNT 3,225.00 3,090.00 893.21 1,352.77 376.31 161.12 412.57 1,972.35 573.25 2,000.00 190.00 166.38 375.87 2,225.25 223.95 102.00 61.00 161.25 VOUCHRE2 05/17/01 09:04 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 69271 05/17/01 002292 OASIS VENDING 69271 05/17/01 002292 OASIS VENDING 69272 05/17/01 69272 05/17/01 69272 05/17/01 69273 05/17/01 69273 05/17/01 69273 05/17/01 69273 05/17/01 69273 05/17/01 69273 05/17/01 69273 05/17/01 69274 05/17/01 69275 05/17/01 69276 05/17/01 69276 05/17/01 69276 05/17/01 69277 05/17/01 69278 05/17/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION CITY HALL SUPPLIES/SERVICE MAIHT FAC SUPPLIES/SERVICE 003964 OFFICE DEPOT BUSINESS S 003964 OFFICE DEPOT BUSINESS S 003964 OFFICE DEPOT BUSINESS S OFFICE SUPPLIES:P.D.SATELLITE OFFICE SUPPLIES:P.D.SATELLZTE OFFICE SUPPLIES:FINANCE 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MINT 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & ~LRINT 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MINT 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 002105 OLD TC~N TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & ~LRINT 001619 ORANGE COUNTY REGISTER RECRUITMENT AD:ASSOC PLANNER ORANGE EMPIRE CHAPTER I ANNUAL ICBO MGRSHP FEES:A.ELMO 002734 P V P COMMUNICATIONS IN 002734 P V P COMMUNICATIONS IN 0027~4 P V P COMMUNICATIONS IN PD MOTORCYCLE HELMET FREIGHT SALES TAX ACCOUNT NUMBER 340-199-701-5250 340-199-702-5250 001-170-999-5229 001-170-999-5229 001-140-999-5220 001-162-999-5214 001-162-999-5214 001-164-601-5214 001-164-601-5214 001-164-601-5214 001-165-999-5214 001-165-999-5214 001-150-999-5254 001-162-999-5226 001-170-999-5243 001-170-999-5243 001-170-999-5243 PAUDA VALLEY ELEMENTARY REFUND:SEC.DEPOSIT:MS01-1086 190-2900 REFUND:EXCURS~CATALINA EXPRESS 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 REIMSURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETERS, MARIANNE 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY GASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 692?9 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 69279 05/17/01 000249 PETTY CASH 000580 PHOTO bORKS OF TEMECULA APR FILM/PHOTO DEV - PLANNING 69280 05/17/01 190-183-4986 001-101-999-5280 190-183-999-5370 190~181-999-5301 190-181-999~5301 001-2175 190-184-999-5212 280-199-999-5260 001-161-999-5260 001-161-999-5260 001-161-999-5260 190-182-999-5242 190-180-999-5260 190-180-999-5301 190-184-999-5301 001-140-999-5260 00t-164-601-5260 001-110-999-5220 190-184-999-5301 001-140-999-5260 001-164-603-5212 001-161-999-5260 001-161-999-5260 001-161-999-5220 ITEM AMOUNT 364.51 70.82 90.60 116.46 23.88 403.91 212.79 185.09 278.89 19.15 313.25 155.94 335.76 40.00 600.00 9.46 42.38 100.00 80.00 21.00 25.06 12.78 11.97 22.96 23.08 15.70 33.47 21.71 41.89 38.6~ 7.74 6.93 10.37 16.45 5.58 20.43 20.00 16.~ 19.35 2.25 16.11 PAGE 6 CHECK AMOUNT 435.33 230.94 1,569.02 335.76 40.00 651.84 100.00 80.00 397.79 VOUCHRE2 CITY OF TEMECULA PAGE 7 05/17/01 09:04 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 69280 69280 69281 69282 69282 69282 69282 69282 69282 69282 69282 69283 69284 69285 69285 69286 69286 69287 69287 69288 69288 69288 69288 69289 69289 69289 69289 69289 69289 69290 69291 69291 69291 69292 69293 CHECK VENDOR VENDOR DATE NUMBER NAME 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 05/17/01 000580 PHOTO WORKS OF TEMECULA 000580 PHOTO WORKS OF TEMECULA 004478 PRECISION ALIGNMENT & B 000254 PRESS ENTERPRISE COMPAN 000254 PRESS ENTERPRISE COMPAN 000254 PRESS ENTERPRISE COMPAH 000254 PRESS ENTERPRISE COMPAN 000254 PRESS ENTERPRISE COMPAN 000254 PRESS ENTERPRISE COHPAN 000254 PRESS ENTERPRISE COHPAN 000254 PRESS ENTERPRISE COMPAN 004519 PYRO SPECTACULARS INC 000635 R & J PARTY PALACE 001364 R C P BLOCK & BRICK INC 00136~ R C P BLOCK & BRICK INC 000981 R H F INC 000981 R H F INC 004494 RAMONA TIRE OF TEMECULA 004494 RAMONA TIRE OF TEMECULA 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIET 000262 RANCHO CALIF WATER DIET 000947 RANCHO REPROGRAPHICS 000947 RANCHO REPROGRAPHICS 000947 RANCHO REPROGRAPHICS 000947 RANCHO REPROGRAPHICS 000947 RANCHO REPROGRAPHICS 000947 RANCHO REPROGRAPHICS 002110 RENTAL SERVICE CORPORAT 000815 ROWLEY, CATHY 000815 ROWLEY, CATHY 000~15 ROWLEY, CATHY 001942 S C SIGNS SCOTT, SEAM ITEM ACCO(JNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT APR FILM/PHOTO DEV - MUSEUM APR FILM/PHOTO DEV - TCSD 190-185-999-5250 190-180-999-5250 VEH REPAIR/MAINT:MEDIC SQUAD 001-171-999-5214 DISPLAY AD FOR WESTERN DAYS DISPLAY ADS:VAR. CONSTR UPDATE DISPLAY ADS:VAR. CONSTR UPDATE DISPLAY AD:SPRING EGG HUNT ADDL DISPLAY AD:SPRING EGG HNT DISPL AD:SPORTS COMPLEX WRKSHP DISPLAY AD:CHILDREN'S MUSEUM APR VAR. PUBLIC NTCS:PLAHNING 280-199-999-5362 001-165-999-5256 001-165-999-5256 190-180-999-5254 190-180-999-5254 210-190-173-5802 190-180-999-5254 001-161-999-5256 DEPOSIT-4TH OF JULY FIREWORKS 190-18.~-999-5370 SUPPLIES-VOL RECOGN CEREMONY 190-183-999-5370 GRAFFITI REMOVER SUPPLIES GRAFFITI REMOVER SUPPLIES 190-180-999-5212 190-180-999-5212 RADAR EQUIP REPAIR & MAINT RADAR EQUIP REPAIR & MAINT 001-170-999-5215 001-170-999-5215 VEHICLE REPAIR/MAINT:FIRE PREV 001-171-999-5214 PARTS SALES TAX:INV# 1012813 001-171-999-5214 APR 01-02-98000-0 STN #84 APR 01-02-98010-0 STN #8~ VARIOUS WATER METERS VARIOUS WATER METERS 001-171-999-5240 001-171-999-5240 190-180-999-5240 193-180-999-5240 DUPL BLUEPRINTS:ER CTR EXPAN. 210-190-163-5804 DUPL BLUEPRINTS:EH CTR EXPAN. 210-190-163-5804 DUPL BLUEPRINTS:CHAPARRAL H.$. 210-190-170-5804 DUPL BLUEPRINTS FOR LAND DEV 001-163-999-5268 OUPL BLUEPRINTS:PALA RD IMPRV 210-165-668-5802 DUPL BLUEPRINTS:lET ST BRIDGE 280-199-807-5804 EQUIPMENT RENTAL FOR PW MAINT 001-164-601-5238 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 190-183-999-5330 190-183-999-5330 190-183-999-5330 APR POSTING PUBLIC NTC SIGNS 001-161-999-5256 REFUND:EEC.DEPOSIT:MS01-0680 190-2900 4.82 17.7-/ 104.95 680.00 321.90 704.10 190.80 90.00 225.00 369.00 112.00 12,500.00 244.25 45.04 495.47 59.00 107.96 167.91 7.65 9.62 17~.24 2,550.97 1,088.40 98.68 52.42 170.24 6.45 9.87 44.62 274.13 256.00 256.00 64.00 585.00 100.00 38.70 104.95 2,692.80 12,500.00 244.25 · 540.51 1~.96 175.56 3,822.23 382.28 274.13 576.00 585.00 100.00 69294 05/17/01 003801 SELFVS JANITORIAL SERVI MAY CUSTODIAL SVCS - PARKS 190-180-999-5250 3,440.00 69294 05/17/01 003801 EELF~S JANITORIAL SERVI MAY CUSTODIAL SVC - TEE POOL 190-186-999-5212 210.00 VOUCNRE2 05/17/01 09:04 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 69294 05/17/01 003801 SELF~S JANITORIAL SERVI 69295 05/17/01 000645 SMART & FINAL IRC 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69296 05/17/01 000537 SO CALIF EDISON 69297 05/17/01 69298 05/17/01 001212 SO CALIF GAS COMPANY 000519 SOUTH COUNTY PEST CONTR 69299 05/17/01 004163 SPORTS CHALET 69299 05/17/01 004163 SPORTS CHALET 69299 05/17/01 004163 SPORTS CHALET 69299 05/17/01 004163 SPORTS CHALET 69300 05/17/01 004306 STENO SOLUTIONS 69301 05/17/01 003840 STRONGS PAINTING 69302 05/17/01 000305 TARGET STORE 69302 05/17/01 000305 TARGET STORE 69302 05/17/01 000305 TARGET STORE 69303 05/17/01 69304 05/17/01 69305 05/17/01 69305 05/17/01 69306 05/17/01 69306 05/17/01 001672 TEMECULA DRAIN SERV & P TEMECULA RADIATOR/AUTO 000307 TEMECULA TROPHY COMPANY 000307 TEMECULA TROPHY COMPANY 69307 05/17/01 004274 69308 05/17/01 003140 69309 05/17/01 TEMECULA VALLEY NIGH SC TEMECULA VALLEY HIGN SC TEMECULA VALLEY SECURIT TEMECULA VALLEY TAEKWON TEMECULA VALLEY VOLUNTE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 8 ITEM ACCOUNT ITEM CNECK DESCRIPTION NUMBER AHOUNT AMOUNT MAy CUSTODIAL SVC - 6TH ST 001-164-603-5250 210.00 3,860.00 SUPPLIES FOR SPECIAL EVENTS 190-183-999-5370 33.48 33.48 MAY 2-22-331-0400 GEN.KEARNY MAY 2-06-105-0654 VARIOUS MTRS MAY 2-22-575-0934 GEN.KEARNY MAY 2-10-331-1353 STN #84 MAY 2-18-363-1902 PAUSA RD MAY 2-22-057-2226 VARIOUS MTRS MAY 2-22-057-2234 MARGARITA MAY 2-22-496-3462 GEN.KEARNY MAY 2-00-397-5059 VARIOUS MTRS MAY 2-01-202-7330 VARIOUS MTRS MAy 2-01-202-7603 VARIOUS MTRS MAY 2-05-791-8807VARIOUS MTRS APR 2-20-140-9299 VARIOUS MTRS MAY 095-167-7907-2 STN #84 STN ~ PEST CONTROL SERVICES DEBEERS SOFTBALLS FREIGHT SALES TAX GLOBAL POSITIONING SYS FOR P.D TRANSCRIPTION SVCS:P.D. POWER WASH OLD TWN CHURCH & RR OFFICE SUPPLIES FOR PW DEPTS OFFICE SUPPLIES FOR PW DEPTS OFFICE SUPPLIES FOR PW DEPTS 6TH ST PUBLIC R.R. PLUMBING SV CITY VEHICLE REPAIRS:FIRE 190-180-999-5519 32.03 190-180-999-5319 2,191.72 190-180-999-5240 100.26 001-171-999-5240 708.98 190-180-999-5319 89.57 190-180-999-5319 76.47 190-180-999-5319 93.34 190-180-999-5319 12.63 190-180-999-5240 3,594.80 192-180-999-5319 30,631.17 190-180-999-5319 11,503.56 190-180-999-5319 6,77'2.15 190-180-999-5319 607.74 001-171-999-5240 180.41 001-171-999-5212 80.00 190-187-999-5301 2,008.80 190-187-999-5301 15.54 190-187-999-5301 150.66 001-170-999-5221 279.48 001-170-999-5250 2~.~ 001-164-603-5250 2,200.00 001-163-999-5220 139.69 001-165-999-5220 46.56 001-164-604-5220 232.81 001-164-603-5250 80.00 001-171-999-5214 164.65 001-161-999-5222 142.50 001-161-999-5222 10.69 NAMEPLATE INSERTS:OT REVIEW BD SALES TAX REFUND:SEC. DEPOSIT:MSO0-3223 190-2900 ADDL ROOM RENTAL 190-182-4990 CITY HALL LOCKSMITH SVCS TCSD INSTRUCTOR EARNINGS 56,414.42 180.41 80.00 REIMB:VOLUNTEERS SUPPLZES 2,454.48 266.88 2,200.00 419.06 80.00 164.65 153.19 100.00 20.00- 80.00 340-199-701-5212 50.00 50.00 190-183-999-5330 40.00 40.00 001-171-999-5512 3,318.78 3,318.78 VOUCHRE2 05/17/01 09:04 VOUCHER/ CHECK CHECK HUMBER DATE 69310 05/17/01 69311 05/17/01 69312 05/17/01 69313 05/17/01 69314 05/17/01 69315 05/17/01 69315 05/17/01 69316 05/17/01 69316 05/17/01 69316 05/17/01 69317 05/17/01 69318 05/17/01 69319 05/17/01 69320 05/17/01 69321 05/17/01 69321 05/17/01 69321 05/17/01 69321 05/17/01 69321 05/17/01 69321 05/17/01 69321 05/17/01 69322 05/17/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR VENDOR ITEM NUMBER NAME DESCRIPTION 004001 004440 000332 000332 004261 004E61 004261 004279 TEMECULA VALLEY WINE SO REFUND:SEC.DEPOSIT:MSO0-3287 TRUAX, PAMELA TUSHAR, MARY ANN U C REGENTS UNIVERSITY PRODUCTS INC REFUND:GYMNASTICS-RHYTH KIDZ REFUND:EXCURS.CATALINA EXPRESS TEMECULA CONNECT MTG:6/OS:J.O. MISC MUSEUM SUPPLIES VANDORPE CHOU ASSOCIATE LIBRARY PLAN CHECK SERVICES VANDORPE CHOU ASSOCIATE APR PLAN CHECK SERVICES VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON CALIFORNIA APR XXX-1408 P.D.SATELLITE STN MAY XXX-1941 PTA CD TTACSD MAY XXX-5072 GENERAL USAGE VERIZON CALIFORNIA INC. MAY ACCESS-RVSD CO OPEN LINE WESTON, RETA WHITE, SAM REIMB:SIERRA CONF. 4/30-5/3/01 WHITEMAN, TAMMIE REFUND:ARTS/CRAFTS-CARTOONING 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILLI REFUND:SEC.DEPOSIT:MS01-0625 000346 YATES, GRANT DC50 COLOR COPIER USAGE LEASE OF DCCS 50 COLOR COPIER INTEREST FOR DCCS 50 COPIER COLOR COPIER USAGE APR LEASE DC220 COPIER APR MNTC/SUPPLIES DC220 COPIER APR INTEREST DC220 COPIER REIMB:EMPL LAW CONF:4/26-27/01 ACCOUNT NUMBER 190-2900 190-183-4982 190-183-4986 001-111-999-5260 190-185-999-5250 001-162-999-5248 001-162-999-5248 001-170-999-5229 320-199-999-5208 320-199-999-5208 320-199-999-5208 001-140-9~9-5261 190-183-4982 190-2900 330-199-999-5217 330~2800 330-199-999-5391 330-199-999-5217 330-2800 330-199-999-5217 330-199-999-5391 001-110-999-5258 ITEM AMOUNT 100.00 36.00 120.00 35.00 19.40 2,922.14 4,225.22 316.83 54.85 6,553.45 342.02 139.18 30.00 100.00 6,584.68 278.15 244.40 53.88 129.82 76.98 45.58 30.00 PAGE 9 CHECK AMOUNT 100.00 36.00 120.00 35.00 19.40 7,147.36 6,925.13 342.02 139.18 30.00 100.00 7,413.49 30.00 TOTAL CHECKS 788,975.55 VOUCNRE2 CITY OF TENECULA PAGE 11 05/24/01 11:19 VOUCHER/CHECK REGISTER FOR ALL PERIODS FURD TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSO SERVICE LEVEL C 194 TCSO SERVICE LEVEL D 195 TCSD SERVICE LEVEL R 210 CAPITAL IMPROVEMENT PROJ FUND 220 MARGARITA ROAD REIMB DIST 261 CFD 88-12 ADMIN EXPENSE FUND 280 REDEVELOPMENT AGENCY ~ CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL AMOUNT 172,126.90 6,552.42 33,118.90 40.42 4,974.28 353.51 1,050.00 1,225.20 1,295.00 166.50 5,032.99 ?,544.34 11,451.16 2,123.23 2,448.25 249,503.10v,/// VOUCHRE2 CITY OF TEMECULA PAGE 1 05/24/01 11:19 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 35264 69323 CHECK VENDOR VENDOR ITEM DATE NUMBER NAME DESCRIPTION 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 03/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/22/01 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 000246 PERS (EMPLOYEES~ RETIRE 000246 PER$ RET 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 000246 PERS (EMPLOYEES~ RETIRE 000246 PERS RET 000246 PERS (EMPLOYEES~ RETIRE 000246 PERB-PRE 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 000246 PER$ (EMPLOYEES~ RETIRE 000246 SURVIVOR 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 001314 i E S - A P A APA AWARDS:DU/GT/TT/MM:5/23/01 ACCOUNT NUMBER 001-2390 165-2390 190-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2130 320-2390 330-2390 340-2390 001-2130 001-2390 165-2390 190-2390 192-2390 193-2390 194-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-161-999-5260 ITEM AMOUNT 26,505.48 651.49 4,747.71 11.61 415.42 101.44 282.59 127.80 26.51 1,083.44 213.36 589.34 182.91 89.52 1.87 19.07 .05 1.82 .36 .92 .46 3.72 2.65 100.00 293193 05/24/01 000283 INSTATAX (IRS) 000283 FEDERAL 001-2070 24,297.66 293193 05/24/01 000283 IRSTATAX (IRS) 00028~ FEDERAL 165-2070 420.12 293193 05/24/01 000283 INSTATAX (iRS) 000283 FEDERAL 190-2070 5,123.57 293193 05/24/01 000283 INSTATAX (IRS) 000283 FEDERAL 192-2070 16.59 293193 05/24/01 000283 INSTATAX (IRS) 000283 FEDERAL 193-2070 341.84 293193 05/24/01 000283 INSTATAX (iRS) 000283 FEDERAL 194-2070 131.36 293193 05/24/01 000283 INSTATAX (IRS) 000283 FEDERAL 280-2070 152.94 293193 05/24/01 000283 IRSTATAX (IRS) 000283 FEDERAL 300-2070 74.25 293193 05/24/01 000283 INSTATAX (IRS) 000283 FEDERAL 320-2070 1,167.41 293193 05/24/01 000283 INSTATAX (iRS) 000283 FEDERAL 330-2070 272.85 293193 05/24/01 000283 INSTATAX (IRS) 000283 FEDERAL 340-2070 503.90 293193 05/24/01 000283 INSTATAX (IRS) 000283 MEDICARE 001-2070 5,958.36 293193 05/24/01 000283 INSTATAX (IRS) 000283 MEDICARE 165-2070 148.50 293193 05/24/01 000283 iNSTATAX (IRS~ 000283 MEDICARE 190-2070 1,479.96 293193 05/24/01 000283 INSTATAX (IRS) 000283 MEDICARE 192-2070 2.63 293193 05/24/01 000283 INSTATAX (IRS) 000283 MEDICARE 193-2070 102.41 293193 05/24/01 000283 INSTATAX (IRS) 000283 MEDICARE 194-2070 28.18 293193 05/24/01 000283 INSTATAX (IRS) 000283 MEDICARE 280-2070 64.48 293193 05/24/01 000283 INSTATAX (IRS) 000283 MEDICARE 300-2070 29.24 293193 05/24/01 000283 INSTATAX (IRS) 000283 MEDICARE 320-2070 295.64 293193 05/24/01 000283 INSTATAX (IRS) 000283 MEDICARE 330-2070 75.81 293193 05/24/01 000283 INSTATAX (IRS) 000283 MEDICARE 340-2070 146.35 293223 05/24/01 000444 INSTATAX (EDD) 000444 SDI 001-2070 80.22 CHECK AMOUNT 35,060.93 100.00 40,834.05 VOUCHRE2 05/24/01 11:19 CITY OF TEMECULA VOUCHER/CREEK REGISTER FOR ALL PERIODS PAGE 2 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 293223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 295223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 293225 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 295223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 293223 05/24/01 000444 INSTATAX (EDD) 69326 05/24/01 69327 05/24/01 69327 05/24/01 001515 A S A P TRUCK,TRACTOR/F 001502 ADVANCE BUSINESS GRAPHI 001502 ADVANCE BUSINESS GRAPHI 69328 05/24/01 003568 ADVANTAGE BUSINESS EQUI 69329 05/24/01 004240 AMERICAN FORENSIC NURSE 69330 05/24/01 004445 AMERICAN PUBLIC NORKS A 69331 05/24/01 000101 APPLE ONE, INC. 69331 05/24/01 000101 APPLE ONE, INC. 69331 05/24/01 000101 APPLE ONE, INC. 69332 05/24/01 69332 05/24/01 003203 ARTISTIC EMBROIDERY 003203 ARTISTIC EMBROIDERY 69333 05/24/01 BAIZA, CATHI 69334 05/24/01 69334 05/24/01 69334 05/24/01 69334 05/24/01 000622 BANTA ELECTRIC-REFRIGER 000622 BANTA ELECTRIC-REFRIGER 000622 BANTA ELECTRIC-REFRIGER 000622 BAMTA ELECTRIC-REFRIDER 69335 05/24/01 BERGSTEIN, ROGER 69336 05/24/01 004262 BIO°TOX LABORATORIES 69336 05/24/01 004262 BIO-TOX LABORATORIES 69337 05/24/01 003817 SLUE RIDGE MEDICAL ITEM DESCRIPTION 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 SDI 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE NEED ABATEMENT: SANTIAGO PRINTING: PARKING CITATIONS BALES TAX CHECK SIGNER SVCS CONTRACT CITY LIMITS BLO00 DRAWS-PD/CHP CLEAN NTM ACT SEM:MT/JP:5/31 TEMP HELP N/E 5/5 BRUNER/ROSA TEMP HELP N/E 05/05 DICLEMENTE TEMP HELP N/E 05/05 CRAMER UNIFORM SHIRTS;TCSD MNTC STAFF SALES TAX REFUND:ARTS/CRAFTS-ARTISTIC EX REPAIR FIELD LGNTS:PARK INSTALL AMp BREAKER:DUCK POND RELOCATE LGHT SWITCH:CITY HALL INSTALL ELECT OUTLETS-CRC REFUND: PICNIC SHELTER LAB DRUG TESTING:POLICE/CHP LAB DRUG TESTING:POLICE/CHP PARAMEDIC SQUAD SUPPLIES:FIRE ACCOUNT NUMBER 165-2070 190-2070 193-2070 280-2070 320-2070 330-2070 340-2070 001-2070 165-2070 190-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-164-601-5401 001-170-999-5222 001-170-999-5222 001-140-999-5250 001-170-999-5328 001-163-999-5261 001-162-999-5118 001-162~999-5118 190-186-999-5118 190-180-999-5243 190-180-999-5243 190-182-4980 190-180-999-5212 190-180-999-5212 340-199-701-5212 190-182-999-5416 190-183-4989 001-170-999-5328 001-170-999-5328 001-171-999-5311 ITEM AMOUNT 4.89 124.72 2.77 1.39 13.46 8.53 4.24 6,549.02 114.01 1,129.21 1.94 58.06 30.49 46.48 15.34 257.66 62.17 105.22 580.00 1,210.00 90.75 279.00 2T5.00 200.00 624.39 520.00 295.75 175.00 13.13 8.00 235.00 277.00 175.00 525.00 62.00 1,156.70 400.30 522.51 CHECK AMOUNT 8,609.82 580.00 1,300.75 279.00 273.00 200.00 1,440.14 188.13 8.00 1,210.00 62.00 1,557.00 522.51 VOUCHRE2 05/24/01 11:19 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 69338 05/24/01 69339 05/24/01 69340 05/24/01 003222 69341 05/24/01 003582 69342 05/24/01 69343 05/24/01 69343 05/24/01 SOY SCOUTS OF AMERICA BRACKIN, VIVIAN BROCKMEIER, CAROL BROWN JR., WILLIAM E. CANTRELL, ERIC 000131 CARL WARREN & COMPANY 000131 CARL WARREN & COMPANY 69344 05/24/01 002534 69345 05/24/01 CATERERS CAFE 001197 CBOCOLATE FLORISTi THE 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69346 05/24/01 003021 69347 05/24/01 69347 05/24/01 CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAN WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL ClNGULAR WIRELESS (CELL CINGULAR WIRELESS (CELL 003735 CINGULAR WIRELESS (EQUI 0037'35 CINGULAR WIRELESS (EQUI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND:SECURITY DEPT MS00-1623 REFD:GRADING DEPST LD99-193GR REIMB:SIERRA COMF:4/30-5/4/01 MILEAGE REIMB-PW SIGNAL TECH REFUND:EX-CATALINA EXPRESS CLAIM ADJUSTER SERVICES CLAIM ADJUSTER SERVICES REFSHMNTS:CM BUSINESS MTG THANK yOU CHOCOLATES:TCSD 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PRONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV 4/09-5/08/01 CELLULAR PHONE SV SALES TAX - CELLULAR PHONE SALES TAX - CELLULAR PHONE 69348 05/24/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 69348 05/24/01 004405 COMMUNITY HEALTH CHARIT 004405 CBC 69348 05/24/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 69348 05/24/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 69348 05/24/01 004405 COMMUNITY HEALTH CHARIT 004405 CHC 69348 05/24/01 004405 COMMUNITY HEAL'TH CHARIT 004405 CHC 69349 05/24/01 002147 COMPLIMENTS COMPLAINTS 69350 05/24/01 000442 COMPUTER ALERT SYSTEMS 69350 05/24/01 000442 COMPUTER ALERT SYSTEMS 002697 CREATIVE LIGHTING INC 002697 CREATIVE LIGHTING INC 69351 05/24/01 69351 05/24/01 FACE PAINTING CLOWN "KITE DAY" ALARM MONITORING ADD~L CHRGS REBOOT ALARM SYSTEM @ CRC VARIOUS PRK SITES LIGHT REPAIR VARIOUS PRK SITES LIGHT REPAIR ACCOUNT NUMBER 190-2900 001-2670 001-162-999-5261 001-164-602-5262 190-183-4986 300-199-999-5205 300-199-999-5205 001-110-999-5260 190-183-999-5370 001-120-999-5208 001-140-999-5208 001-161-999-5208 001-162-999-5208 190-180-999-5208 280-199-999-5208 320-199-999-5208 001-163-999-5208 001-164-601-5208 001-164-602-5208 001-164-604-5208 001-165-999-5208 001-100-999-5208 001-110-999-5208 001-150-999-5208 320-199-999-5242 320-199-999-5242 001-2120 190-2120 193-2120 194-2t20 330-2120 340-2120 190-183-999-5371 190-185-999-5250 190-182-999-5250 190-180-999-5212 190-180-999-5212 ITEM AMOUNT 100.00 995.00 283.13 46.57 80.00 1,520.58 712.91 36.74 61.25 89.30 46.28 421.69 586.44 623.76 46.28 507.28 199.34 216.37 87.67 43.84 400.28 472.84 157.22 77.20 11,18 11.18 123.50 5.60 .60 .20 5.50 .60 150.00 2.00 65.00 513.00 1,000.00 PAGE 3 CHECK AMOUNT 100.00 995.00 283.13 46.57 80.00 2,233.49 36.74 61.25 3,975.79 22.36 136.00 150.00 67.00 1,513.00 VOUCHRE2 05/24/01 11:19 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 4 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 69352 05/24/01 003625 69353 05/24/01 69354 05/24/01 69355 05/24/01 69356 05/24/01 69356 05/24/01 69356 05/24/01 69356 05/24/01 69356 05/24/01 69357 05/24/01 69357 05/24/01 69357 05/24/01 69358 05/24/01 69359 05/24/01 69360 05/24/01 69361 05/24/01 69362 05/24/01 69362 05/24/01 69362 05/24/01 69362 05/24/01 69362 05/24/01 69362 05/24/01 69362 05/24/01 69363 05/24/01 VENDOR NAME DAVIS, JOHN 004450 DENNIS A HIBBERT PLUMEI 002701 DIVERSIFIED RISK 001669 DUNN EDWARDS CORPORATIO 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 004130 ELSINORE ELECTRICAL SUP 004130 ELSINORE ELECTRICAL SUP 004130 ELSINORE ELECTRICAL SUP 003665 EMERITUS COMMUNICATIONS ERICKSON, JANET 000164 ESGIL CORPORATION 004223 FEATHERS FROM HEAVEN 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS INC 000165 FEOERAL EXPRESS INC 000165 FEDERAL EXPRESS INC 000165 FEDERAL EXPRESS INC 69364 05/24/01 003347 69364 05/24/01 003347 69364 05/24/01 003347 69364 05/24/01 00334? 69364 05/24/01 003347 69364 05/24/01 003347 69364 05/24/01 003347 69364 05/24/01 003347 69364 05/24/01 00334? 69364 05/24/01 00334? 69364 05/24/01 003347 69364 05/24/01 003347 693~ 05/24/01 003347 69364 05/24/01 00334? 69364 05/24/01 003347 FEMA/NFIP FIRST BANXCARD CENTER FIRST BANKDARD CENTER FIRST BANNCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST BANKCARD CENTER FIRST DANKCARD CENTER FIRST BANKCARD CENTER FIRST 8ANKCARD CENTER FIRST BANKCARD CENTER FIRST 8ANKCARD CENTER ITEM DESCRIPTION TCSD INSTRUCTOR EARNINGS REPAIR WTR LINE LEAK:PALA PRK APR SPECIAL EVENTS PREMIUMS SUPPLIES FOR GRAFFITI REMOVAL TEMP HELP W/E 05/04 THURSTON TEMP HELP W/E 05/04 THURSTON TEMP HELP W/E 05/04 DAVIS TEMP NELP W/E 05/04 DROWN TEMP HELP W/E 05/04 BR~N CRC STAGE LAMPS CRC/PHILLIPS 1000~ STAGE LAHPS SALES TAX APR LONG DISTANCE PHONE SVCS REFUND:COOKING-DINNER FOR T~O PLAN CK REVIEW-INV BALANCE OLD TWN BRIDGE DEDICATION EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES DIGITIZED FLOOD DATA:CD ROM XX-3083 NAGGAR:PROF MTG IN TWN XX-0902 O~GRADY:ASM BILL/CALED XX'0902 O~GRADY:ASM 81LL/CALED XX-0902 O~GRADY:ASM BILL/CALED XX-0902 O'GRADY:ASM BILL/CALED XX-5288 JONES:CONF & EARTHLINK XX-5288 JONES:CONF & EARTHLINK XX-5288 JONES:CONF & EARTHLINK XX-5288 JONES:CONF & EARTNLINN XX-5288 JONES:CONF & EARTHLINK XX-5288 JONES:CONF & EARTRLINK XX-1405 UENOSKE:PROF MTG/CONF XX-1405 UBNOSKE:PROF MTG/CONF XX-1405 UENOSKE:PROF MTG/CONF XX-6702 MEYER:PROF RDA MTGS ACC(~JNT NUMBER 190-183-999-5330 190-180-999-5250 300-2180 001-164-601-5218 190-186-999-5118 190-186-999-5118 190-186-999-5118 001-164-604-5118 001-164-604-5118 190-182-999-5212 190-182-999-5212 190-182-999-5212 320-199-999-5208 190-183-4982 001-2030 280-199-807-5804 001-150-999-5230 001-120-999-5230 001-165-999-5230 190-180-999-5230 001-161-999~5230 001-162-999-5230 001-1990 001-161-610-5606 001-100-999-5260 001-110-999-5258 001-111-999-5258 001-111-999-5260 001-1990 001-100-999-5260 320-199-999-5211 001-100-999-5220 001-120-999-5242 001-120-999-5261 001-120-999~5258 001-161-999-5260 001-161-999-5258 001-1990 280-199-999-5260 ITEM AMOUNT 160.00 480.00 337.03 101.86 534.40 491.52 73.06 3,275.31 410.19 45.40 341.00 28.98 1,762.32 30.00 2,783.77 385.00 12.92 32.61 12.92 12.92 14.82 19.55 3.42 53.30 51.36 150.24 438.00 337.37 135.96 112.17 104.01 150.46 961.70 20.04 403.14 34.95 104.39 513.49 37.83 CHECK AMOUNT 160.00 480.00 337.03 101.86 4,784.48 415.38 1,762.32 30.00 2,783.77 385.00 109.16 53.30 3,555.11 VOUCHRE2 05/24/01 11:19 VOUCHER/ CHECK CHECK NUMBER DATE 69365 05/24/01 69366 05/24/01 69367 05/24/01 69367 05/24/01 69367 05/24/01 69368 05/24/01 69369 05/24/01 69370 05/24/01 69371 05/24/01 69371 05/24/01 69371 05/24/01 69371 05/24/01 69371 05/24/01 69371 05/24/01 69371 05/24/01 69372 05/24/01 69373 05/24/01 69373 05/24/01 69373 05/24/01 69374 05/24/01 69375 05/24/01 69375 05/24/01 69376 05/24/01 69377 05/24/01 69378 05/24/01 69379 05/24/01 69380 05/24/01 693§1 05/24/01 69381 05/24/01 69382 05/24/01 69383 05/24/01 69383 05/24/01 VENDOR VENDOR NUMBER NAME FLORES, ELIZABETH FO~LER, KATHY 000192 GLOBAL COMPUTER SUPPLIE 000192 GLOBAL COMPUTER SUPPLIE 000192 GLOBAL COMPUTER SUPPLIE 004242 HARMONY ARTISTS INC HEERw JAMES P. 003622 I C M A - MEMBERSHIP 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TAUS 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TRUS 000194 C M A RETIREMENT TAUS 001407 INTER VALLEY POOL SUPPL 000750 INTOXIMETERS 0007'50 INTOXIMETERS INC 000750 INTOXIMETERS INC 001186 IRWIN, JOHN 003046 K F R 0 G 95.1 FM RADIO 003046 K F R 0 G 95.1 FM RADIO KELLER, JOMI 001667 KELLY TEMPORARY SERVICE 000205 KIDS PARTIES ~TC 000206 KIMKOS INC KLING, SANDRA 001534 LA MASTERS OF FINE TRAV 001534 LA MASTERS OF FINE TRAV 000210 LEAGUE OF CALIF CITIES 003286 LIBRARY SYSTEMS & SERVI 003286 LIBRARY SYSTEMS & SERVI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND: SPORTS-BB FUND-BEG. REIMB:SIERRA COMF:4/30-5/04/01 TOSHIBA NOTEBOOK BATTERY FREIGHT SALES TAX ENTERTAINMENT DEPST:JULY 4TN B&S INSPECTOR-MILEAGE REIMB. MEMBERSHIP: JAMES B. O~GRADY 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP 000194 DEF COMP POOL SANITIZING CHEMICALS ALCO-SENSOR IV FOR POLICE DEPT FREIGHT SALES TAX TCSD INSTRUCTOR EARNINGS BROADCASTING DIXIELAND EVENT BROADCASTING DIXIELAND ~EBSITE REFUND:SUMMER DAY CAMP TEMP HELP W/E 5/13 DANIELS CINCO DE MAYO CLO~N/PHTY JUMP PRINTING:DIXIELAND POSTERS REFUND:SECURITY DEPT MS01-1241 AIR:CPRS CONF:3/14-17:MCCARTHY AIR:COOE HEARINGS:MYERS:4/4-5 NAND8OUK:CA MUNI LAW UPDATE APR SVCS-LIBRARY SYSTEM AGRMT REIMB:VOLUNTEER PRGM EXPENSES ACCOUNT NUMBER 190-183-4982 001-163-999-5261 320-199-999-5221 320-199-999-5221 320-199-999-5221 190-183-999-5370 001-162-999-5262 001-110-999-5226 001-2080 165-2080 190-2080 193-2080 194-2080 280-2080 300-2080 190-186-999-5250 001-170-502-5610 001-170-502-5610 001-170-502-5610 190-183-999-5330 280-199~999-5362 280-199-999-5362 190-182-4984 001-161-99~-5118 190-183-999-5371 280-199-999-5362 190-2900 190-180-999-5258 001-171-999-5261 001-120-999-5228 001-101-99<2-5285 001-101-999-5285 ITEM AMOUNT 35.00 131.48 199.00 17.97 15.60 712.50 41.40 860.34 2,591.48 445.85 313.50 40.00 16.50 148.62 50.00 372.17 2,760.00 18.97 207.00 200.00 875.00 105.00 145.00 525.35 205.00 322.50 100.00 215.50 145.50 60.00 1,103.20 26.48 PAGE 5 CHECK AMOUNT 35.00 131.48 232.57 712.50 41.40 860.34 3,605.95 372.17 2,985.97 200.00 980.00 145.00 525.35 205.00 322.50 100.00 361.00 60.00 1,129.68 VOUGNRE2 05/24/01 11:19 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 69384 05/24/01 69385 05/24/01 69386 05/24/01 69386 05/24/01 69386 05/24/01 69386 05/24/01 69386 05/24/01 69386 05/24/01 69387 05/24/01 69387 05/24/01 69387 05/24/01 69388 05/24/01 69389 05/24/01 69390 05/24/01 69391 05/24/01 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM NAME DESCRIPTION 004174 LIGHT IMPRESSIONS VARIOUS SUPPLIES:MUSEUM 000996 LOCAL GOVERNMENT PUBLIC PUB:CA LAND USE 2d UPDATE 003428 M V P TEMECULA SHUTTLE 003428 M V P TEMECULA SHUTTLE 003428 M V P TEMEEULA SHUTTLE 003428 M V P TEMECULA SHUTTLE 003428 M V P TEMECULA SHUTTLE 003428 M V P TEMECULA SHUTTLE SHTL:SIERRA:TH/KK/GF/KF:4/30 SHTL:SIERRA:TH/KK/GF/KF:4/30 SHTL:SIERRA:TB/KK/GF/KF:4/30 SRTL:SIERRA CF:TH/KK/GF/KF:5/4 SHTL:SIERRA CF:TH/KK/GF/KF:5/4 SHTL:SIERRA CF:TH/KK/GF/KF:5/4 003669 MARC FAULKENBURY PAINTI RES IMPRV PRGM:BEARD 003~9 MARC FAULKENBURY PAINTI RES IMPRV PRGM:SMALL 003669 MARC FAULKENBURY PAINTI RES IMPNV PRGM:YOUNG 000944 MODAIN TRAFFIC SUPPLY I TOOLS/EQUIP FOR TRAF SGNL MNTC 002~7 MCKINLEY EQUIPMENT CORP MAINT FAC LIFT MAINTENANCE MCMILLIAN DEVELOPMENT REFUND:MARG RD REIMBURSEMENT 001905 MEYERS, DAVID WILLIAM TCSD INSTRUCTOR EARNINGS 69392 05/24/01 004208 MILANOS 69392 05/24/01 004208 MILANOS 69392 05/24/01 004208 MILAMOS 69392 05/24/01 004208 MILANOS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 00138~ MINUTEMAN PRESS 69393 05/24/01 00138/, MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69393 05/24/01 001384 MINUTEMAN PRESS 69394 05/24/01 004464 MOBIL BUS[NESS 69394 05/24/01 004464 MOBIL BUSINESS 004162 MONSTER.COM 69395 05/24/01 69396 05/24/01 COUNCIL-BUDGET WRKSNOP:5/15/01 PW TP. AINING MEETING:5/15/01 REFRSHMNT:DEV.PROdECT MTG:5/16 REFRSHMBT:DEV.PROJECT MTG:5/16 ENVELOPES/LETTERNEAD-PLANNING ENVELOPES/LETTERHEAD-PLANNING 2500 ENVELOPES TCSO 1500 WINDOW ENVELOPES CRC 3000 ENVELOPES MUSEUM BUSINESS CARDS:GS/SB/MN BUSINESS CARDS:OA/JB BUSINESS CARDS:WEST BUSINESS CARDS:HUGHES BUSINESS CARDS:BROWN SALES TAX SALES TAX SALES TAX SALES TAX BUSINESS CARDS FOR dOB HOTLINE SALES TAX CITY VEHICLE FUEL USAGE CITY VEHICLE FUEL USAGE RECRUITMENT AD:ASSOC PLANNER MONTANTE, GERRLD ACCOUNT NUMBER 190-185-999-5250 001-110-999-5228 320-199-999-5261 001-162-999-5261 001'163-999-5261 320-199-999-5261 001-162-999-5261 001-163-999-5261 165-199-813-5804 165-199-813-5804 165-199-813-5804 001-164-602-5242 340-199-702-5250 220-165-4076 190-183-999-5330 001-100-999-5260 001-164-604-5260 001-140-999-5260 280-199-999-5260 001-161-999-5222 001-161-999-5222 190-185-999-5222 190-182-999-5222 190-185-999-5222 001-165-999-5222 001-163-999-5222 001-164-604-5222 001-164-604-5222 001'164-602-5222 001-165-999-5222 001-163-999-5222 001-164-604-5222 001-164-602-5222 001-150-999-5222 001-150-999-5222 001-170-999-5262 330'199-999-5262 001-150-999-5254 REFUND:ENG DEPOS[T:LDOO-191GR 001-2670 ITEM AMOUNT 145.87 99.54 32.16 42.12 42.12 42.58 55.76 55.76 380.00 410.00 280.00 306.38 115.76 1,295.00 128.00 162.50 68.40 31.25 31.25 417.76 221.74 232.07 97.34 192.37 114.75 76.50 38.25 102.50 38.25 8.33 6.94 6.94 5.56 76.50 5.74 211.17 20.53 295.00 995.00 PAGE 6 CHECK AMOUNT 145.87 99.54 270.50 1,070.00 306.38 115.76 1,295.00 128.00 293.40 1,641.54 231.70 295.00 995.00 VOUCHRE2 CITY OF TEMECULA PAGE 7 05/24/01 11:19 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 69397 05/24/01 000883 MONTELEONE EXCAVATING 69398 05/24/01 000?2? NATIONAL FIRE PROTECTIO 69399 05/24/01 004026 NATIONAL FIRE PROTECTIO 69400 05/24/01 003686 NETVIZ CORPORATION 69401 05/24/01 003961 NEU HORIZONS 69402 05/24/01 002139 NORTH COUNTY TIMES- ATT 69402 05/24/01 002139 NORTH COUNTY TIMES- ATT 69402 05/24/01 002139 NORTH COUNTY TIMES- ATT 69402 05/24/01 002139 NORTR COUNTY TIMES- ATT 69402 05/24/01 002139 NORTH COUNTY TIMES- ATT 69402 05/24/01 002139 NORTH COUNTY TIMES- ATT 69403 05/24/01 003382 O'GRADY, JAMES B. 69404 05/24/01 003964 OFFICE DEPOT BUSINESS S 69404 05/24/01 003964 OFFICE DEPOT BUSINESS S 69405 05/24/01 002105 OLD TOWN TIRE & SERVICE 69405 05/24/01 002105 OLD TO~N TIRE & SERVICE 69405 05/24/01 002105 OLD TO~N TIRE & SERVICE 69405 05/24/01 002105 OLD TOWN TIRE & SERVICE 69405 05/24/01 002105 OLD TOWN TIRE & SERVICE 69405 05/24/01 002105 OLD TOWN TIRE & SERVICE 69405 05/24/01 002105 OLD TOWN TIRE & SERVICE 69405 05/24/01 002105 OLD TOWN TIRE & SERVICE 69406 05/24/01 000733 PARTY PZAZZ 69407 05/24/01 001958 PERS LONG TERM CARE PRO 69408 05/24/01 000249 PETTY CASH 69408 05/24/01 000249 PETTY CASN 69408 05/24/01 000249 PETTY CASH 69408 05/24/01 000249 PETTY CASH 69408 05/24/01 000249 PETTY CASH 69408 05/24/01 000249 PETTY CASH 69408 05/24/01 000249 PETTY CASH 69408 05/24/01 000249 PETTY CASH 69408 05/24/01 000249 PETTY CASH 69408 05/24/01 000249 PETTY CASH 69408 05/24/01 000249 PETTY CASH 69409 05/24/01 000580 PHOTO WORKS OF TEMECULA 69409 05/24/01 000580 PHOTO WORKS OF TEMECULA 69410 05/24/01 002185 POSTMASTER - TEMECULA ITEM ACCOUNT DESCRIPTION NUMBER GRADING VARIOUS CITY ROADS 195-180-999-5402 VARIOUS PUBLICATIONS FOR FIRE 001-171-999-5228 RENEW MEMBERSHIP:NORRIS:936424 001-171-999-5226 MAINT AGRMNT 6/1/01-5/31/02 320-199-999-5211 BEG.HTML4 CLASS:K.BEAL:8/28/01 001-161-610-5261 RECRUITMENT AD:ASSOC PLANNER 001-150-999-5254 RECRUITMENT AD:ENGINEER INTERN 001-150-9~9-5254 RECRUIT AO:SR AEC/AEC ASSIST 001-150-999-5254 DISPLAY AD:4/OB:SPRING EGG NNT 190-180-999-5254 DISPLAY AD:4/12:SPRING EGG HNT 190-180-999-5254 NEWSPAPER AD:EVERY 15 MIN PGRM 001-170-999-5371 REIMB:LOBBYING ABl137:5/17/01 001-111-999-5260 LABEL PRINTER FOR MEDIC SQUAD 001-171-999-5220 SALES TAX 001-171-999-5220 CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT SALES TAX 190-180-999-5214 340-199~701-5214 001-164-601-5214 001-164-601-5214 190-180-999-5214 001-162-999-5214 001-162-999-5214 001-162-999-5214 LINEN RENTAL:COUNCIL MTG:5/15 001-100-999-5260 001958 PERS L-T 001-2122 PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASN REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 001-161-999-5260 190-180'999-5261 190'183-999-5371 190-185-999-5301 190-183'999-5370 190-180'999'5260 190'187-999-5301 190-183-999-5370 001-164-604-5260 001-100-999'5260 001'100'999-5260 APR FILM/PHOTO DEV - CIP APR FILM/PHOTO DEV - ECON DEV ANNUAL STD(A) BULK MAIL FEE 001-165-999-5250 001-111-999-5270 330-199-999-5230 ITEM AMOUNT 1,050.00 481.98 115.00 240.00 325.00 75.00 67.50 110.00 1~7.93 84.69 1,098.72 17.04 149.99 11.24 58.39 469.19 37.50 19.15 35.53 28.50 68.17 5.11 43.75 115.36 6.00 10.00 26.97 6.93 15.62 19.64 17.16 14.39 5.99 35.00 15.50 27.03 51.37 125.00 CHECK AMOUNT 1,050.00 481.98 115.00 240.00 325.00 1,613.84 17.04 161.23 721.54 43.75 115.36 173.20 78.40 125.00 VOUCHRE2 CITY OF TEMECULA PAGE 8 05/24/01 11:19 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK NUMBER 69411 69412 69412 69412 69413 69413 69414 69414 69414 69414 69414 69414 69414 69414 69414 69414 69414 69415 69416 69417 69417 69417 69417 69417 69417 69418 69418 69419 69420 69421 69421 69421 69421 69421 69421 69422 CHECK VENDOR VENDOR DATE NUMBER NAME 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 RADICAN, DIANNE 004272 RANCHO ARMY NAVY 004272 RANCHO ARMY NAVY 004272 RANCHO ARMY NAVY 000262 RANCHO CALIF WATER DIST 000262 RANCHO CALIF WATER DIST 000907 RANCHO CAR WASH 000907 RANCHO CAR WASH 000907 RANCHO CAR WASH 000907 RANCHO CAR WASH 000907 RANCHO CAR WASH 000907 RANCHO CAR WASH 000907 RANCHO CAR WASH 000907 RARCHO CAR WASH 000907 RANCHO CAR WASH 000907 RANCHO CAR WASH 000907 RANCHO CAR WASH 003591 RENES COMMERCIAL HANAGE 002110 RENTAL SERVICE CORPORAT 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERSH 002412 RICHARDS WATSON & GERSH 000955 RIVERSIDE CO SHERIFF SW 000955 RIVERSIDE CO SHERIFF SW 001097 ROADLINE PROOUCTS INC ROBERSON, LISA 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CAL]F EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000519 SOUTH COUNTY PEST CONTR ITEM DESCRIPTION ACCOUNT NUMBER REFUND:BUMMER DAY CAMP PARACHUTES-EVERY 15 MIN PRGM TIES FOR CORONER TAGS SALES TAX 190-182-4984 001-170-999-5371 001-170-999-5371 001-170-999-5371 MAY VARIOUS WATER METERS MAY VARIOUS WATER METERS CITY VEHICLE DETAILING CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING & GAS CITY VEHICLE OETAILING CITY VEHICLE DETAILING CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING & GAS CITY VEHICLE DETAILING CITY VEHICLE DETAILING CITY VEHICLE DETAILING DEBRIS RMVL/WEED ABATE:VAR CHN 190-180-999-5240 193-180-999-5240 001-162-999-5214 001-110-999-5214 001-110-999-5263 001-165-999-5214 001-163-999-5214 001-161-999-5263 001-161-999-5214 001-161-999-5214 001-164-604-5214 001-164-601-5214 190-180-999-5214 001-164-601-5401 EQUIP RENTAL - PW MNTC CREWS MAR 2001 LEGAL SERVICES MAR 2001 LEGAL SERVICES MAR 2001 LEGAL SERVICES MAR 2001 LEGAL SERVICES MAR 2001 LEGAL SERVICES MAR 2001 LEGAL SERVICES 001-164-601-5238 001-130-999-5246 190-180-999-5246 300-199-999-5246 280-199-999-5246 261-199-999-5246 210-165-631-5801 FRONTIER DAYS PATROL SVC:4/07 001-170-999-5370 CYSTIC FIBROSIS WALK:4/29/01 001-170-999-5370 STENCIL TRUCK SUPPLIES:PW 001-164-601-5218 REFUND:GYMNASTICS-YOUNG TOODLR 190-183-4982 MAY 2-21-518-0340 HWY 79 190-180-999-5319 MAY 2-21-981-4720 HWY 79 210-165-631-5801 MAY 2'21-560-5874 MARGARITA 190-180-999-5319 MAY 2-07-626-6063 VARIOUS MTRS 195-180-999-5240 APR 2-21-911-7892 S.SIDE PK LT 210-165-828-5804 APR 2-19-999-9442 VARIOUS MTRS 190-180-999-5319 CRC PEST CONTROL SERVICES 190-182-999-5250 ITEM AMOUNT 310.00 84.96 15.00 7.49 930.58 3,805.58 35.OO 30.99 80.81 15.00 14.00 11.00 14.12 3.12 7.00 28.00 28.00 4,500.00 145.14 39,641.56 68.50 4,588.18 2,397.45 166.50 1,107.50 427.00 204.00 353.25 36.00 144.53 29.13 38.22 11.80 88.57 1,782.85 90.00 CHECK AMOUNT 310.00 107.45 4,736.16 267.04 4,500.00 145.14 47,969.69 631.00 353.25 36.00 2,095.10 90.00 69423 05/24/01 003467 SPECTRUM POOL PRODUCTS REPLACEMENT PARTS - CRC POOL 190-1~-999-5242 258.00 69423 05/24/01 003467 SPECTRUM P~L PROOUCTS FREIGHT 190-1~-999-5242 12.44 270.44 VOUCHRE2 05/24/01 11:19 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 9 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 69424 05/24/01 69425 05/24/01 004531 SPENCE, MARJORIE LEE 004163 SPORTS CHALET 69426 05/24/01 004163 SPORTS CHALET 69427 05/24/01 69427 05/24/01 004503 STEEL GRIP SYSTEMS INC 004503 STEEL GRIP SYSTEMS INC 69428 05/24/01 001546 STRAIGHT LINE GLASS INC 69429 05/24/01 003840 STRONGS PAINTING 69430 05/24/01 69431 05/24/01 69432 05/24/01 69433 05/24/0t 69433 05/24/01 69433 05/24/01 69433 05/24/01 69433 05/24/01 69433 05/24/01 69433 05/24/01 69434 05/24/01 69435 05/24/01 69436 05/24/01 69436 05/24/01 69436 05/24/01 69436 05/24/01 69436 05/24/01 69437, 05/24/01 69437 05/24/01 69437 05/24/01 69437 05/24/01 69437 05/24/01 69437 05/24/01 69437 05/24/01 69437 05/24/01 69437 05/24/01 69437 05/24/01 69438 05/24/01 69438 0S/24/01 69438 05/24/01 TEMECULA LITTLE LEAGUE TEMECULA SISTER CITY 003140 TEMECULA VALLEY TAEKWOR 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 004030 TEMECULA VOLUNTEER FIRE 003858 TOH RONEY ROOFING TRANS-PACIFIC CONSULTAN TRANS-PACIFIC CONSULTAN TRANS-PACIFIC CONSULTAN TRANS-PACIFIC CONSULTAN TRANS-PACIFIC CONSULTAN ITEM DESCRIPTION GRAPHIC DESIGN:HOLIDAY POSTER DEBEERS SOFTBALLS-SPORTS PRGM GLOBAL POSITIONING SYS FOR P.D 5 GAL FUSION-CRETE II CRYSTALS SALES TAX REPAIR OF MUSEUM WINDOW PREP WORK/PAINTING O.T. CHURCH ACCOUNT NUMBER 190-180-999-5301 190-187-999-5301 001-170-999-5221 001-164-601-5218 001-164-601-5218 190-185-999-5212 001'164-605-5250 REFUND:SEC.DEPOSIT:MS01-1157 190-2900 SPNSRSHP:TASTE OF WOMLD:6/17 TCSD INSTRUCTOR EARNINGS APR CITY VEHICLE FUEL USAGE APR CITY VEHICLE FUEL USAGE APR CITY VEHICLE FUEL USAGE APR CITY VEHICLE FUEL USAGE APR CITY VEHICLE FUEL USAGE APR CITY VEHICLE FUEL USAGE APR CITY VEHICLE FUEL USAGE REIMBURSEMENT FOR TRAINING RES IMPRV PRGM:ANAYA REFUND OF FEES:PA01-O047 REFUND OF FEES:PA01-O047 REFUND OF FEES:PA01-O047 REFUND OF FEES:PA01-O047 REFUND OF FEES:PA01-O047 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 001065 U S C M WEST (DEF COMP) 001065 DEF COMP 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST (OBRA) 000389 PT RETIR 000389 U S C M WEST COBRA) 000389 PT RETIR 001-101-999-5280 190-183-999-5330 001-163-999-5263 001-164-601-5263 001-165-999-5263 001-162-999-5263 001-161-999-5263 190-180-999-5263 340-199-701-5263 001-171-999-5261 165-199-813-5804 001-171-4036 001-161-4105 001-163-4388 001-163-4105 190-180-4107 001-2080 165-2080 190-2080 192-2080 193-2080 194-2080 280-2080 300-2080 520-2080 340-2080 001-2160 165-2160 190-2160 ITEM AMOUNT 200.00 2,175.00 279.48 451.50 33.86 167.61 3,900.00 100.00 5,000.00 40.00 72.7'5 490.56 71.21 388.34 21.11 577.26 130.54 720.00 3,485.00 186.00 2,798.00 224.00 318.00 355.00 11,333.68 101.16 2,040.22 7.50 168.69 44.50 101,16 88.55 1,416.68 169.46 718.66 100.78 1,119.50 CHECK AMOUNT 200.00 2,175.00 279.48 485.36 167.61 3,900.00 100.00 5,000.00 40.00 1,751.75 720.00 3,485.00 3,881.00 15,471.60 VOUCHRE2 CiTY OF TEMECULA PAGE 10 05/24/01 11:19 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 69438 69438 69438 69438 69438 69439 69439 69439 69439 69439 69439 CHECK VENDOR VENDOR DATE NUMBER NAME 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 000389 U S C M WEST (OBRA) 000389 U S C M WEST (OBRA) 000389 U S C M UEST (OBRA) 000389 U S C H WEST (OBRA) 000389 U S C M WEST (OBRA) 002065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE 0q2065 UNISOURCE 002065 UNISOURCE 002065 UNISOURCE ITEM DESCRIPTION ACCOUNT NUMBER 000389 PT RETiR 000389 PT RETiR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 193-2160 280-2160 320-2160 330-2160 340-2160 11X 17 ASTRO BLUE PAPER 8.5 X 11 GOLDENROD PAPER 8.5 X 11 CHERRY PAPER 8.5 X 11 CANARY PAPER INDEX TABS FOR COUNCIL AGENDA SALES TAX 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 ITEM AMOUNT 23.08 31.60 112.18 71.08 35.40 15.44 142.00 106.50 106.50 157.88 39.63 69440 05/24/01 000325 UNITED NAY 000325 UN 001-2120 127.05 69440 05/24/01 000325 UNITED WAY 000325 UW 165-2120 8.75 69440 05/24/01 000325 UNITED NAY 000325 UW 190-2120 22.61 69440 05/24/01 000325 UNITED NAY 000325 UW 192-2120 .10 69440 05/24/01 000325 UNITED NAY 000325 UW 193-2120 2.21 69440 05/24/01 000325 UNITED NAY 000325 UN 194-2120 .48 69440 05/24/01 000325 UNITED NAY 000325 UW 280-2120 2.50 69440 05/24/01 000325 UNITED WAY 000325 UN 320-2120 5.00 69440 05/24/01 000325 UNITED WAY 000325 UN 330-2120 5.00 69440 05/24/01 000325 UNITED NAY 000325 UU 340-2120 .60 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 69441 69441 69441 69442 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 003866 VORTEX DATA SYSTEMS iNC 000339 NEST PUBLISHING COMPANY 000621 WESTERN RIVERSIDE COUNC 000621 WESTERN RIVERSIDE COUNC 003756 WHITE HOUSE SANITATION 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILL] 000345 XEROX CORPORATION BILL] 003607 XPECT FIRST AID 003607 XPECT FIRST AiD 69443 69444 69444 69445 69446 69446 69446 69447 69447 05/24/01 05/24/01 MAY XXX-O073 GENERAL USAGE MAY XXX-O074 GENERAL USAGE MAY XXX-3564 GENERAL USAGE 320-199-999-5208 320-199-999-5208 320-199-999-5208 ZENNORKB-DESKTOPB:TH:5/21-25 320-199-999-5261 CITY HALL LEGAL PUBLICATIONS 001-120-999-5228 GEM.ASSEMBLY MTG:S/31:J.C./J.O 001-110-999-5260 GEN.ASSEMBLY MTG:5/31:J.C./J.O 001-100-999-5260 MAY CLEANING SVC:BTRFLD STAGE 190-180-999-5250 2 PART NCR PAPER FOR COPY CTR. 330-199-999-5220 3 PART NCR PAPER FOR COPY CTR. 330-199-999-5220 SALES TAX 330-199-9~-5220 FIRST AID SUPPLIES:PW MNTC CRW 001-164-601-5218 FIRST AID SUPPLIES-PN MNTC CRN 001-164-601-5218 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 05/24/01 1,822.85 253.49 54.84 1,995.00 107.50 50.00 50.00 50.00 315.80 329.84 48.42 66.12 198.63 CHECK AMOUNT 2,212.28 567.95 174.30 2,131.18 1,995.00 107.50 100.00 50.00 694.06 264.~ TOTAL CHECKS 249,503.10 VSUCHRE2 CITY OF TEMECULA PAGE 7 05/31/01 13:13 VOUCHER/CHECK REGISTER FOR ALL PER[OOS FUND TITLE 001 GENERAL FUND 165 RDA DEV- LO~/MOO SET ASIDE 190 COHMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSO SERVICE LEVEL D 195 TCSU SERVICE LEVEL R 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 510 VEHICLES FUND 320 INFORHAT[ON SYSTEMS SUPPORT SERVICES 340 FACILITIES TOTAL AHOUNT 48,610.06 2,254.10 15,7~7.86 2.80 1,219.74 715.10 945.00 37,094.67 31,295.52 31.~8 538.00 5,595.86 8~.12 2,553.53- 146,667.14~/~ VODCHRE2 05/31/01 13:13 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMSER 69448 05/30/01 002185 69451 05/31/01 000745 69452 05/31/01 004054 69453 05/31/01 000101 69453 05/31/01 000101 69453 05/31/01 000101 69454 05/31/01 001561 69455 05/31/01 003376 69456 05/31/01 004523 69456 05/31/01 004523 69456 05/31/01 004523 69456 05/31/01 004523 69457 05/31/01 004176 69458 05/31/01 69459 05/31/01 000152 69459 05/31/01 000152 69460 05/31/01 002803 69461 05/31/01 69462 05/31/01 002534 69462 05/31/01 002534 69463 05/31/01 000912 69464 05/31/01 003478 69465 05/31/01 001193 69465 05/31/01 001193 69465 05/31/01 001193 69465 05/31/01 001193 69465 05/31/01 001193 69466 05/31/01 003739 69467 05/31/01 001029 69468 05/31/01 004417 69469 05/31/01 001380 69469 05/31/01 001380 VENDOR ITEM NAME DESCRIPTION POSTMASTER - TEMECULA REC BROCHURE BULK MAILING FEE A T & T WIRELESS SERVIC CELLULAR PHONE SVCS:POLICE DPT ADKISON ENGINEERS INC APPLE ONE, INC. APPLE ONE, INC. APPLE ONE, INC. ARCH ARTS COUNCIL, THE BREMER, CARL W. BREMER, CARL W. BREMER, CARL W. BREMER, CARL W. BROADWING ADDL SVCS:IST STREET EXTENSION TEMP HELP W/E 05/12 WYTRYKUS TEMP HELP W/E 05/12 DICLEMENTE TEMP HELP W/E 05/12 CRAMER PAGING EQUIPMENT FOR POLICE ACCOUNT NUMBER 190-180-999-5230 001-1990 280-199-807-5804 001-162-999-5118 001-150-999-5118 190-186-999-5118 001-170-999-5238 HISTORICAL SOCIETY CELEBRATION 001-101-999-52~ FAC IMPR PRGM:OLD TWN PLAZA FAC IMPR PRGM:OLD TWN PLAZA FAC IMPR PRGM:OLD TWN PLAZA CREOIT:FAC IMPR:OLD TWN PLAZA LONG DISTANCE & INTERNET SVCS CALIF CRIME PREVENTION MEMBERSHIP: LYNN FANENE CALIF PARKS & RECREATIO MEMBERSHIP: HERMAN D. PARKER CALIF PARKS & RECREATIO MEMBERSHIP:J.CROWE-PELLETIER CANTY ENGINEERING GROUP APR SVCS:OVRLD OVRCRSS PW95-11 CASTRO, FRANCINE REFUND: A NI6NT IN PARADISE CATERERS CAFE BOX LUNCHES:SPT CMPLX BUS TOUR CATERERS CAFE SALES TAX CITY CLERKS ASSN OF CAL CLOUD 9 LIMC~JSINE SERVI CCCA GENERAL MTG:SJ/MB/CD:6/21 AIRPORT TRANSPORTATION:COUNCIL 12-LOGI WHEEL MOUSE OPTICAL 2- 30G8 HARD DRIVE 2- 56K MODEM INTERNAL 10 REMS-HP BRITE WHITE PAPER SALES TAX COMP U S A INC COMP U S A INC COMP U S A INC COMP U S A INC COMP U S A INC COTTON SELAND ASSOCIATE MAY UPDATE HOUSING ELEMENT DATAOUICK INC DATAGUICK SOFTWARE RENEWAL 280-199-813-5804 280-199-813-5804 280-199-813-5804 280-199-813-5804 320-199-999-5208 001-170-999-5226 190-180-999-5226 190-180-999-5226 210-165-604-5804 190-184-4980 210-190-1T~-5802 210-190-17'~-5802 001-120-999-5260 001-101-999-5280 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 320-199-999-5221 001-161-999-5248 320-199-999-5211 DISCOUNT SCHOOL SUPPLY CRAFT SUPPLIES:FAMILY FUN NGHT 190-183~999-5371 E S I EMPLOYMENT SERVIC TEMP HELP W/E 05/18 RUSH 001-161-999-5118 E S I EMPLOYMENT SERVIC TEMP HELP W/E 05/18 EBON 340-199-701-5118 ITEM AMOUNT 3,127.29 214.30 1,320.00 536.25 104.00 309.40 30.97 2,500.00 11,285.00 11,285.00 8,650.00 2,635.00- 1,195.00 30.00 415.00 130.00 2,580.00 8.00 84.00 6.30 90.00 270.00 359.88 259.98 158.26 80.40 64.39 3,334.00 1,347.00 142.79 1,774.40 853.80 CHECK AMOUNT 3,127.29 214.30 1,320.00 949.65 30.97 2,500.00 28,585.00 1,195.00 30.00 545.00 2,580.00 8.00 90.30 90.00 270.00 922.91 3,334.00 1,347.00 142.79 VOUCHRE2 CITY OF TEMECULA PAGE 2 05/31/01 13:13 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK NUMBER DATE 69469 05/31/01 69469 05/31/01 69469 05/31/01 69469 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69470 05/31/01 69471 05/31/01 69472 05/31/01 69473 05/31/01 69474 05/31/01 69475 05/31/01 69476 05/31/01 69477 05/31/01 69478 05/31/01 69479 05/31/01 69480 05/31/01 69481 05/31/01 69482 05/31/01 69482 05/31/01 69483 05/31/01 69484 05/31/01 69484 05/31/01 VENDOR VENDOR NUMBER NAME 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 000166 FIRST AMERICAN TITLE CO 0001~ FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE CO 0001~ FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE CO 0001~ FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE CO 0001~ FIRST AMERICAN TITLE DO 000166 FIRST AMERICAN TITLE CO 000166 FIRST AMERICAN TITLE OD 000166 FIRST AMERICAN TITLE CO 003347 FIRST BANKCARD CENTER 002819 GARWIN & CRAM ASSOCIATE 003535 GARY HEIMAN PRODUCTIONS 004159 GOUOENOUGH, OONNA 003198 Ht~4E DEPOT, THE 003198 HOME DEPOT, THE 003198 HOME DEPOT, THE 004516 HYPERION OUTFALL SERENA INTEL ASSOC OF ADMINIST 001407 INTER VALLEY POOL SUPPL 000205 KIDS PARTIES ETC 004087 LOWE'S 004087 LOVE~S 004087 LOVE'S 004537 LUMATECN LLC 004537 LUMATECH LLC ITEM DESCRIPTION TEMP HELP W/E 05/18 EBON TEMP HELP N/E 05/18 BROWN TEMP NELP W/E 05/18 ODMANN TEMP HELP W/E 05/18 HEER PAUBA TITLE INFO:NARON PACIFIC PAUBA TITLE INFO:THOMAS PROPER PAUBA TITLE INFO:INVESTMENT DE PAUSA TITLE INFO: TEM VLY CONG PAUBA TITLE INFO:FAHRION PAUSA TITLE INFO: EGAN PAUBA TITLE INFO: KNIGHT PAUBA TITLE INFO:CHILCOTT PAUBA TITLE INFO:VAN PH/U4 PAUBA TITLE INFO: YANG PAUBA TITLE INFO:RILINGTON T32 PAUBA TITLE INFO:RILINGTON T32 PAUBA TITLE INFO:RILINGTON T32 PAUBA TITLE INFO:RILINGTON T32 XX-4117 NUGHES:MNTC STAFF MTG MISC AUDIO/VIDEO SUPPLIES VIDEO EQUIPMENT RENTAL & TAPE TCSD INSTRUCTOR EARNINGS TOOLS & EQUIP FOR PARAMEDICS EXTREME RECYCLING AWARDS RES IMPR PRGM: SWALWELL, p. ENTERTAINMENT:JAZZ FESTIVAL MEMBERSHIP: GAIL L. ZIGLER POOL SANITIZING CHEMICALS PARTY JUMP W/ATTENDANT:POLOI, LR HALLWAY LIGHT 'FIXTURES:SA CTR SALES TAK EXTREME RECYCLING AWARDS SR CTR RETROFIT LED EXIT SIGN TCC RETROFIT LED EXIT SIGN ACCOUNT NUMBER 340-199-702-5118 001-164-604-5118 001-171-999-5118 001-162-999-5118 210-165-606-5801 210-165-606-5801 210-165-606-5801 210-165-606-5801 210-165-606-5801 210-165-606-5801 210-165-606-5801 210-165-606-5801 210-165-606-5801 210~165-606-5801 210-165-606-5801 210-165-606-5801 210-165-606-5801 210-165-606-5801 001-164-604-5260 320-199-999-5210 320-199-999~5210 190-183-999-5330 001-171-999-5242 194-180-999-5265 165-I99-813-5804 280-199-999-5362 190-180-999-5226 190-186-999-5250 190-183-999-5371 190-181-999-5416 190-181-999-5416 194-180-999-5265 190-181-999-5416 190-184-999-5416 ITEM AMOUNT 284.60 4,115.48 1,349.71 2,286.40 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400.00 400,00 400.O0 400.00 400.00 400.00 400.00 49.59 856.24 800.00 56.00 534.01 138.68 399.00 500.00 63.00 342.28 130.00 149.88 11.24 230.81 180.91 72.36 CHECK AMOUNT 10,66~.39 5,600.00 49.59 856.24 800.00 56.00 534.01 138.68 399.00 500.00 63.00 342.28 130.00 161.12 230.81 253.27 69485 05/31/01 003428 M V P TEMECULA SHUTTLE SPORTS PARK FAC TOUR TRANSPORT 210-190-173-5802 480.00 480.00 VOUCHRE2 05/31/01 13:13 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 3 VOUCHER/ CHECK CHECK VENDOR HUMBER DATE NUMBER 69486 05/31/01 69487 05/31/01 VENDOR ITEM NAME DESCRIPTION 000394 MAINTENANCE SUPERINTEND RENEW MBA MBRSHP:BH/BS/RW 000394 MAINTENANCE SUPERINTEND SAFETY MNTC/CONSTR ZONES:CS/RI 69488 05/31/01 004141 69488 05/31/01 004141 69488 05/31/01 004141 69488 05/31/01 004141 69488 05/31/01 004141 69488 05/31/01 004141 69488 05/31/01 004141 69488 05/31/01 004141 69488 05/31/01 004141 69488 05/31/01 004141 69488 05/31/01 004141 69489 05/31/01 69490 05/31/01 69491 05/31/01 69492 05/31/01 69493 05/31/01 69493 05/31/01 69493 05/31/01 69493 05/31/01 69493 05/31/01 69494 05/31/01 69494 05/31/01 69495 05/31/01 69495 05/31/01 69495 05/31/01 69496 05/31/01 69496 05/31/01 69496 05/31/01 69497 05/31/01 69498 05/31/01 69499 05/31/01 69499 05/31/01 69500 05/31/01 69501 05/31/01 MAINTEX INC MAINTEX INC MAINTEX INC MAINTEX INC MAINTEX INC MAINTEX INC MAINTEX INC MAINTEX INC MAINTEX INC MAINTEX INC MAINTEX INC TCC CUSTODIAL SUPPLIES TCC CUSTODIAL SUPPLIES TCC CUSTODIAL SUPPLIES VAR PARKS CUSTODIAL SUPPLIES TV MUSEUM CUSTODIAL SUPPLIES CRC CUSTODIAL SUPPLIES 2 PLY WHITE TISSUE FOR 6TH ST. MULTIFOLD WHITE TOWELS SANITAIRE VACUUM 12" 7AMP XLG LATEX DISPOSABLE GLOVES 117104 PINK LUSTER HAND SOAP 003669 MARC FAULKENBURY PAINTI RES IMPRV PRGM: K. YOUNG 004107 MASSA-LAVITT, SANDRA PLANNING CONSULT SVCS:5/16/01 MATLOCK, JEREMY REFUND:ADMIN CITATION # 0771 MEZA, MARIBEL REFUND:A NIGHT IN PARADISE 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS 001384 MINUTEMAN PRESS BUSINESS CARDS: K. NOLAND BUSINESS CARDS: D. MYERS SALES TAX BUSINESS CARDS: P. COMERCHERO SALES TAX 000883 MONTELEONE EXCAVATING GRADING VARIOUS CITY ROADS 000883 MONTELEONE EXCAVATING CREOIT:BILLING ERROR/INV# 522 002898 NIXON EGLI EQUIPMENT CO MISC. SUPPLIES FOR PW MAINT. 002898 NIXON EGLI EQUIPMENT CO FREIGHT 002898 NIXON EGLI EQUIPMENT CO SALES TAX 002139 NORTH COUNTY TIMES- ATT VARIOUS RECRUITMENT ADS FOR HR 002139 NORTH COUNTY TIMES- ATT RECRUITMENT AD:ENGINEERING 002139 NORTH COUNTY TIMES- ATT RECRUITMENT AD:ASSOC PLANNER 003964 OFFICE DEPOT 'BUSINESS S OFFICE SUPPLIES/FINANCE DEPT 002652 OSCARS RESTAURANT GIFT CERT./EXTREME RECYCLING 003762 P M X MEDICAL SPECIALTY PARAMEDIC SQUAD SUPPLIES 003762 P M X MEDICAL SPECIALTY PARAMEDIC SGUAD SUPPLIES PATTERSON, KIMBERLEY REFUND:BEC.DEPOSIT:MS01-0226 003218 PELA APR PLN CK SVC:MARG RD/H~Y 79S ACCOUNT NUMBER 001'164-601-5226 001-164-601-5261 190-184-999-5212 190-184-999-5212 190-184-999-5212 190-180-999-5212 190-185-999-5212 190-182-999-5212 001-164-603-5218 001-164-603-5218 001-164-603-5218 001-164-603-5218 001-164-603-5218 165-199-813-5804 001-161-999-5248 001-161-4255 190-184-4980 001-161-999-5222 001-171-999-5222 001-171-999-5222 001-120-999-5222 001-120-999-5222 195-180-999-5402 195-180-999-5402 001-164-601-5218 001-164-601-5218 001-164-601-5218 001-150-999-5254 001-150-999~5254 001-150-999-5254 001-140-~99-5220 194-180-999-5265 001-171-999-5311 001-171-999-5311 190 - 184 - 4990 001-165-999-5248 ITEM AMOUNT 90.00 150.00 52.98 111.7'3 105.24 160.82 193.13 294.97 804.10 418.61 220.55 47.16 49.50 1,120.00 496.40 100.00 8.00 41.12 40.02 3.00 102.50 7.69 980.00 35.00- 242.52 7.09 18.19 102.50 72.50 72.50 25.55 300.00 t,863.71 64.24 100.00 129.00 CHECK AMOUNT 90.00 150,00 2,458.79 1,120.00 496.40 100.00 8.00 194.33 945,00 267.80 247.50 25.55 300.00 1,927.95 100.00 129.00 VOUCHRE2 05/31/01 13:13 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 4 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 69502 05/31/01 PETERS, ROY J. AND PATR 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASR 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69503 05/31/01 000249 PETTY CASH 69505 05/31/01 000253 POSTMASTER 69505 05/31/01 000253 POSTMASTER 69506 05/31/01 003697 PROJECT DESIGN CONSULTA 69507 05/31/01 000728 RAMSEY BACKFLOW & PLUMB 69508 05/31/01 000947 RANCHO REPROGRAPHICS 69508 05/31/01 000947 RANCHO REPROGRAPHICS 69508 05/31/01 000947 RANCHO REPROGRAPHICS 69508 05/31/01 000947 RANCHO REPROGRAPHICS 69508 05/31/01 000947 RANCHO REPROGRAPHICS 69508 05/31/01 000947 RANCHO REPROGRAPHICS 69508 05/31/01 000947 RANCHO REPROGRAPHICS 69508 05/31/01 000947 RANCHO REPROGRAPHICS 69509 05/31/01 002110 RENTAL SERVICE CORPOP, AT 69509 05/31/01 002110 RENTAL SERVICE CORPORAT 69509 05/31/01 002110 RENTAL SERVICE CORPORAT 69509 05/31/01 002110 RENTAL SERVICE CORPORAT 69510 05/31/01 RIVCOHM, LLC ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT LANDSCAPE AGREEMENT PAYMENT 210-165-631-5804 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 REIMSURSEMENT 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 CASR REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 001-110-999-5260 001-110-999-5220 190-183-999-5320 001-171-999-5261 001-171-999-5261 210-190-173-5802 001-110-999-5260 001-110-999-5260 001-111-999-5266 190-181-999-5301 190-1990 190-183-999-5320 190-185-999-5301 001-165-999-5260 001-165-999-5230 001-161-999-5222 001-120-999-5222 001-120-999-5222 001-162-999-5220 210-190-173-5802 001-1990 001-1990 001-100-999-5265 190-183-999-5320 001-162-999-5260 EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS 001-161-~-5230 001-120-999-5230 MAR-APR DSGN SVC:PAUBA RD IMPR 210-165-606~5802 BACKFLOW REPLACEMENT:VAR SLOPE 193-180-999-5212 DUPL BLUEPRINTS:SE CTR BLUEPRINT SUPPLIES-CIP DUPL BLUEPRINTS:SR CTR DUPL BLUEPRINTS:SR CTR SPECIFIC PLAN COPIES-PLANNING DUPL SLUEPRINTS:MARG RD IMPRV DUPL BLUEPRINTS:PALA RD IMPRV DUPL BLUEPRINTS:PALA RD IMPRV 210-190-163-5804 001-165-999-5250 210-190-163-5804 210-190-163-5804 001-161-999-5222 001-165-999-5250 210-165-668-5802 210-165-668-5802 PARTS/SUPPLIES-PW MAINT CREWS SALES TAX EQUIP/TOOLS - PW MAINT CREWS SALES TAX 001-164-601-5215 001-164-601-5215 001-164-601-5242 001-164-601-5242 INSTALL RADIO/CONSOLE-FIRE VEH 310-1910 500.00 9.03 10.74 32.25 36.00 30.10 32.80 15.00 6.02 47.33 2.73 11.45 30.46 3.43 3.75 5.25 5.25 27.40 18.97 7.83 20.20 6.00 30.00 47.74 30.53 26.48 132.00 21.70 14,125.78 892.00 54.28 5.86 630.78 648.90 35.85 26.53 46.44 126.65 215.70 16.21 180.00 13.50 538.00 500.00 496.74 153.70 14,125.78 892.00 1,575,29 425.41 538.00 VODCHRE2 CiTY OF TEMECULA PAGE 5 05/31/01 13:13 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 69511 69512 69513 69513 69514 69515 69515 69515 69515 69515 69515 69515 69515 69516 69516 69516 69517 69518 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 69519 CHECK VENDOR VENDOR DATE NUMBER NAME 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/3t/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 05/31/01 000418 RIVERSIDE CO CLERK & RE 002181 RIVERSIDE CONSTRUCTION 001097 ROADLINE PRODUCTS 001097 ROADLINE PRODUCTS 0006~5 SMART & FINAL INC 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000537 SO CALIF EDISON 000519 SOUTH COUNTY PEST CONTR 000519 SOUTH COUNTY PEST CONTR 000519 SOUTH COUNTY PEST CONTR 000293 STADIUM PIZZA 002015 STAR WAY PRODUCTIONS 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP iNSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU ITEM ACCOUNT DESCRIPTION NUMBER APR APERTURE CARD DUPLICATES 001-163-999-5250 REIMB:CALTRANS PERMIT:PW98-08 001-16~-604-5271 MISC SUPPLIES - PW MAINT CREWS 001-16~-601-5218 SALES TAX 001-16~-601-5218 FAMILY FUN NIGHTS SUPPLIES 190-183-999-5371 MAY 2-11-007-0455 6TH ST 001-16~-603-5240 MAY 2-10-747-1393 VARIOUS MTRS 190-180-999-5240 MAy 2-14-204-1615 FRNT ST RDIO 340-199-701-5240 MAY 2-18-937-3152 MUSEUM 190-185-999-5240 MAY 2-22-496-3439 VARIOUS MTRS 190-180-999-5319 MAY 2-02-351-4946 6TH ST 190-181-999-5240 MAY 2-18-049-6416 FRONT ST PED 001-164-603-5319 MAY 2-19~171-8568 WED CHAPEL 190~185-999-5240 CITY HALL PEST CONTROL SERVICE 340-199-701-5250 TOD PEST CONTROL SERVICES 190-18~-999-5250 MAINTENANCE FAC PEST CONTROL 340-199-702-5250 EMP RECOGNITION FOR JDF WALK 001-100-999-5265 SOUND SYS:DIXIELAND:5/12-13/01 280-199-999-5362 CREDIT:WORKERS~ COMP PREMIUM 001-2370 CREDIT:~ORKERS' COMP PREMIUM 001-2370 CREDIT:~ORKERS~ COMP PREMIUM 001-2370 APR WORKERS~ COMP PREMIUM 001-2370 APR WORKERS~ COMP PREMIUM 165-2370 APR WORKERS' COMP PREMIUM 190-2370 APR ~RKERS~ COMP PREMIUM 192-2370 APR WORKERS~ COMP PREMIUM 193-2370 APR ~ORKERS~ COMP PREMIUM 194-2370 APR WORKERS' COMP PREMIUM 280-2370 APR WORKERS~ COMP PREMIUM 300-2370 APR WORKERS~ COMP PREMIUM 320-2370 APR ~ORKERS~ COMP PREMIUM 330-2370 APR WORKERS~ COMP PREMIUM 340-2370 ~ORKERS COMP PMT/FEBRUARY 2001 001-2570 WORKERS COMP PMT/FESRUARY 2001 165-2370 ~ORKERS COMP PMT/FEBRUARY 2001 190-2370 ~ORKERS COMP PMT/FEBRUARY 2001 192-2370 WORKERS COMP PMT/FEBRUARY 2001 193-2370 WORKERS COMP PMT/FEBRUARY 2001 194-2370 WORKERS COMP PMT/FEBRUARY 2001 280-2370 ~ORKERS COMP PMT/FEBRUARY 2001 300-2370 WORKERS COMP PMT/FEBRUARY 2001 320-2370 WORKERS COMP PMT/FESRUARY 2001 330-2370 ~ORKERS COMP PMT/FEBRUARY 2001 340-2370 ITEM AMOUNT 16.80 857.50 2,007.81 150.59 47.95 237.58 28.11 19.66 527.27 182.35 839.28 138.86 49.71 56.00 36.00 40.00 250.00 750.00 482.80- 440.19- 719.29- 5,339.75 109.58 1,900.47 .80 86.52 11.99 39.93 9.08 104.96 24.36 302.05 5,207.82 109.39 1,823.74 .80 98.85 14.09 39.60 9.08 100.58 22.95 256.87 CHECK AMOUNT 16.80 857.50 2,158.40 47.95 2,022.82 132.00 250.00 750.00 VOUCHRE2 05/31/01 13:13 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOUS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT HUMBER DATE NUMBER NAME DESCRIPTION NUMBER 69519 05/31/01 69519 05/31/01 69519 05/31/01 69519 05/31/01 69519 05/31/01 69519 05/31/01 69519 05/31/01 69519 05/31/01 69519 05/31/01 69519 05/31/01 69519 05/31/01 004420 STATE COMp INSURANCE FU 00~20 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 004420 STATE COMP INSURANCE FU 69520 05/31/01 69521 05/31/01 000305 69521 05/31/01 000305 69522 05/31/01 69523 05/31/01 69523 05/31/01 69523 05/31/01 69523 05/31/01 69523 05/31/01 69524 05/31/01 69525 05/31/01 69525 05/31/01 69525 05/31/01 69526 05/31/01 69527 05/31/01 69527 05/31/01 69527 05/31/01 69528 05/31/01 69529 05/31/01 69529 05/31/01 69529 05/31/01 69529 05/31/01 69530 05/31/01 69530 05/31/01 SWALWELL, PAULETTE TARGET STORE TARGET STORE 001672 TEMECULA DRAIN SERV & P 004274 TEMECULA VALLEY SECURIT 004274 TEMECULA VALLEY SECURIT 004274 TEMECULA VALLEY SECURIT 004274 TEMECULA VALLEY SECURIT 004274 TEMECULA VALLEY SECURIT 003140 TEMECULA VALLEY TAEK~ON 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 000919 TEMECULA VALLEY UNIFIED 001483 TOM DODSON & ASSOCIATES 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA 004261 VERIZON CALIFORNIA VILLA, DOLORES 001342 WAXIE SANITARY SUPPLY I 001342 gAXIE SANITARY SUPPLY I 001342 ~AXIE SANITARY SUPPLY 001342 WAXIE SANITARY SUPPLY I 003607 XPECT FIRST AID 003607 XPECT FIRST AID 004319 PACIFIC ROOFING & DESIG 69556 05/31/01 MAR k~)RKERS~ COMP PREMIUM 001-2370 MAR ~ORKERS~ COMP PREMIUM 165-2370 MAR ~ORKERS' COMP PREMIUM 190-2~70 MAR ~ORKERS~ COMP PREMIUM 192-2370 MAR ~ORKERS~ COMP PREMIUM 193-2370 MAR ~IORKERS~ COMP PREMIUM 194-~70 MAR ~ORKERS~ COMP PREMIUM 280'2~70 MAR WORKERS~ COMP PREMIUM 300-2~70 MAR ~ORKERS~ COMP PREMIUM 320-2~70 MAR ~ORKERS~ COUP PREMIUM 330-~70 MAR WORKERS~ COMP PREMIUN RESIDENTIAL IMPROVEMENT PRGM 165-199-813-5804 REC CLASS SUPPLIES TEEN PRGM AEC SUPPLIES 190-183-999-5320 190-183-999-5320 CITY HALL PLUMBING SERVICES 340-199-701-5250 OLD TCNN LOCKSMITH SVCS/LABOR O.T. LOCKSMITH SVCS/MATERIALS SALES TAX R.VISTA PRK LOCKSMITH SERVICES LOCKSMITH SVC FOR VARIOUS PRES 001-164-603-5212 001-16~-603-5212 001-16~-603-5212 190-180-999-5212 TCSD INSTRUCTOR EARNINGS 190-183-999-5330 APR REPAIRS/SVC TO PATCH TRUCK 001'16~-601-5214 APR REPAIR/MNTC PW VEHICLES 001-164-601-5214 CREDIT:OVERCHARGED SALES TAX 001-164-601-5214 APR CONSULT SVC:MURRIETA CREEK 210-165-707-5801 MAY XXX-2626 PD SATELLITE STN MAY XXX-2676 GENERAL USAGE MAY XXX-3526 FIRE ALARM 001-170-999-5208 320-199-999-5208 320-199-999-5208 REFUND:A NIGHT IN PARADISE 190-18~-4980 CITY HALL MAINTENANCE SUPPLIES 340-199-?01-5212 RAINT FAC MAINTENANCE SUPPLIES 340-199-702-5212 MUSEUM MAINTENANCE SUPPLIES 190-185-999-5212 TCC MAINTENANCE SUPPLIES 190-18~-999-5212 CRC FIRST AID SUPPLIES 190-182-999-5301 SKATE PARK FIRST AID SUPPLIES 190-183-999-5305 REL RETENTION:SPRTS PK:OOO1CSD 210-2035 ITEM AMOUNT 8,028.37 166.24 2,8~8.38 1.20 142.37 19.53 60.99 13.62 153.88 35.81 436.85 349.89 106.34 84.38 140.00 60.00 80.00 6.00 180.41 44.38 60.00 1,607.90 2,644.55 3.87- 270.00 254.88 33.03 82.26 8.00 81.85 81.85 204.63 81.85 199.37 199.37 11,888.54 PAGE 6 CHECK AMOUNT 25,878.22 349.89 190.72 140.00 370.79 60.00 4,248.58 270.00 370.17 8.00 450.18 398.74 11,888.54 TOTAL CHECKS 146,~67.14 VOUEHRE2 CITY OF TEMECULA PAGE 3 05/31/01 13:49 VOUCHER/CHECK REGISTER FOR ALL PERIOOS FUND TITLE 001 GENERAL FUND 190 COMMUNITY SERVICES DISTRICT 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROd FUND 280 REDEVELOPMENT AGENCY - 340 FACILITIES AMOUNT 222,321.04 47,566.63 32,183.00 335,962.00 5,412.00 5&1.00 TOTAL 6~3,985.6~J VOUCHRE2 CITY OF TEMECULA PAGE 1 05/31/01 13:49 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK NUMBER 69533 69534 69535 69535 69535 69535 69536 69536 69537 69537 69537 69537 69537 69537 69537 69537 69537 69537 69537 69557 69537 69537 69537 69537 69538 69539 69539 69539 69540 69540 69541 69541 69541 69541 69542 69543 69543 69544 69545 CHECK VENDOR VENDOR DATE NUMBER NAME 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 004054 ADKISON ENGINEERS INC 002187 ANI~LRL FRIENDS OF THE V 002541 SECKER CONSTRUCTION SRV 002541 BECKER CONSTRUCTION SRV 002541 BECKER CONSTRUCTION SRV 002541 BECKER CONSTRUCTION SRV 001380 E S I EMPLOYMENT SERVIC 001380 E S I EMPLOYMENT SERVIC 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 001056 EXCEL LANDSCAPE 004239 FISHER MERRIMAN SENGAL 000820 K R W & ASSOCIATES 000820 K R W & ASSOCIATES 000820 K R W & ASSOCIATES 003631 KLEINFELDER INC 003631 XLEINFELDER 004062 KUSTOM SIGNALS 004062 KUSTOM SIGNALS 004062 KUSTOM SIGNALS INC 004062 KUSTOM SIGNALS INC 003286 LIBRARy SYSTEMS & SERVI 004383 MACKENZIE ELECTRIC 004383 MACKENZIE ELECTRIC INC 000883 MONTELEONE EXCAVATING 002256 P & D CONSULTANTS INC ITEM ACCOUNT DESCRIPTION NUMBER IlAR SURVEY SVC:IST STREET BRDG 280-199-807-5804 APRIL ANIHAL CONTROL SVCS 001~172-999-5255 NADA LANE DRAINAGE IMPROVEMENT SADDLEWOOD EXCAVATION/GRADING REPLACE DRAIN PIPE:SADDLEWOOD R&R A.C.@ DEPORTOLA/VILLA DEL TEMP HELP W/E 05/04 NAASEH TEMP HELP W/E 05/04 VOSHALL 001-164-601-5401 193-180-999-5416 193-180-999~5212 001-164-601-5402 001-161-999-5118 001-161-999-5118 APR LDSCP SVCS:NEIGHBORHOOD PX APR LDSCP SVCS:SPORTS PARKS APR LDSCP SVCS:MEDZANS APR LDSCP SVCS:SOUTH SLOPES APR LDSCP SVCS:NORTH SLOPES APR LDSCP SVCS: CRC APR LDSCP SVCS: SR CENTER APR LDSCP SVCS= CITY HALL APR LDSCP SVCS: TCC APR LDSCP SVCS:STATION 84 APR LDSCP SVCS:OLD TNN PRKLOT APR LDSCP SVCS:OLD T~N STSCPE APR LOSCP SVCS: MUSEUM 190-180-999-5415 190-180-999-5415 193-180-999-5415 193-180-999~5415 193-180-999-5415 190-182-999-5415 190-181-999-5415 340-199-701-5415 190-184-999-5415 001-171-999-5212 001-164-603-5415 001-164-603-5415 190-185-999-5415 APR LDSCP SVCS:NEIGHSORHOOD PK 190-180-999-5415 APR LDSCP SVCS:GHILDREN MUSEUM 190-180-999-5415 APR LDSCP SVCS:NADA LN FLD CTR 190-180-999-5415 MAY DESIGN SVC:OLD TWN THEATER ~AR-MAY PLAN CHECK SVCS MAR-MAY PLAN CHECK SVCS N/C PREMIUM FOR INV 01.13 SVC 210-190-167-5802 001-163-999-5248 001-163-999-5248 001-1182 GEOTEC SVCS:PALA BRDG PW97-15 GEOTEC SVCS:PALA BRDG P~97~15 2-SIGNAL RADARS FOR POLICE DPT TALON STATIONARY FREIGHT SALES TAX 210-165-631~5801 210-165-631-5801 001-170-502-5610 001-170-502-5610 001-170-502-5610 001-170-502-5610 APR SVCS-LISRARY SYSTEM AGRMT 001-101-999-5285 PRGS PMT#4:S.P.LIGHTING:O019CS 210-190-174-5804 RET.N/H PMT~4:S.P.LIGHTING 210-2035 REMOVE SILT/DEBRIS - MARG CHNL 001-164-601-5401 APR BLDG INSPECTOR SVCS 001-162-999-5118 ITEM AMOUNT 5,412.00 7,575.99 5,645.00 4,180.00 3,775.00 8,506.50 5,324.00 2,328.12 11,635.00 25,325.00 1,975.00 13,375.00 8,878.00 1,444.00 361.00 541.00 193.00 400.00 250.00 987.00 285.00 1,000.00 155.00 165.00 24,000.00 50.00 5,800.00 31.01~ 14,581.00 2,384.00 4,068.00 1,545.00 45.00 420.98 11,233.00 27,5~.50 2,~59.95- 15,000.00 16,837.90 CHECK AMOUNT 5,412.00 7,575.99 22,106.50 7,652.12 66,969.00 24,000.00 5,818.99 16,965.00 6,078.98 11,233.00 24,839.55 15,000.00 16,837.90 VOUCHRE2 CITY OF TEHECULA PAGE 2 05/31/01 13:49 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK NUMBER 69547 69547 69548 69548 69548 69549 69549 69550 69550 69551 69551 69551 69551 69551 69551 69551 69551 69551 69551 69552 69553 69553 69554 69555 CHECK VENDOR VENDOR DATE RUHBER NAME 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 06/12/01 004538 PAULEY EQUIPMENT COHPAN 00~538 PAULEY EQUIPMENT CUMPAR 003697 PROJECT DESIGN CONSULTA 003697 PROJECT DESIGN CONSULTA 003697 PROJECT DESIGN CONSULTA 004318 R J BULLARD CONSTRUCTIO 004318 R d BULLARD CONSTRUCTIO 004498 REPUBLIC ELECTRIC 004498 REPUBLIC ELECTRIC 000406 RIVERSIDE CO SHERIFFS D 000406 RIVERSIDE CO SHERIFFS D 000406 RIVERSIDE CO SHERIFFS D 000406 RIVERSIDE CO SHERIFFS 0 000406 RIVERSIOE CO SHERIFFS D 000406 RIVERSIOE CO SHERIFFS D 000406 RIVERSIDE CO SHERIFFS D 000406 RIVERSIOE CO SHERIFFS D 000406 RIVERSIDE CO SHERIFFS D 000406 RIVERSIDE CO SHERIFFS D 004496 SPARKS EXHIBITS & ENVIR 004456 T & M CONSTRUCTION 004456 T & M CONSTRUCTION 003599 T Y LIN INTERNATIONAL 003730 gEST COAST ARBORISTS IN ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUHT AMOUNT UTILITY VEHICLE FOR TCSD SALES TAX 190-180-999-5610 190-180-999-5610 JAN CONSULT SVCS:MURRIETA CRK FEB CONSULT SVCS:MURRIETA CRK CREDIT:BILLING ERROR RET.N/H PMT~FJ:PALA SOUNDgALL PRGS PMT~r~:PALA SOUND~RLL:9715 210-165-602-5802 210-165-602-5802 210-165-602-5802 210-2035 210-165-631-5804 PRGS PMT#1:TRF SGNL CONVERSION 210-165-618-5804 RET.g/H PMT#1:TRF SONL CORVRSN 210-2035 RATE AOJ FYO0-01 LAg ENFORCENN PJ~TE ADJ FYO0-01 LAg ENEORCENH RATE ADd FYO0-01 LAg ENFORCEMN RATE ADd FYO0-01 LAg ENFORCEMN RATE AOJ FYO0-01 LAg ENFORCEMN RATE ADd FYO0-01 LAg ENFORCRMN RATE AOJ FYO0-01 LAg ENFORCEMN RATE ADd FYO0-01 LAg ENFORCEMN RATE ADd FYO0-01 LAg ENFORCEMN RATE ADJ FYO0-01 LAg ENFORCEMN 001'170-999-5288 001-170-999-5299 001-170-999-5298 001-170-999-5294 001-170-999-5297 001-170-999-5303 001-170-999-5291 001-170'~9-5281 001-170-999-5262 001-170-999-5279 CHILDRENS MUSEUM DSON NORKSHOP 210-190-165-5802 RET.W/H PMT#2:HAINT FAC:PgO016 210-2035 PRGS PMT#2:NAINT FAC:PWO0-16 210-190-158-5804 APR/RAY DSGN SVCS:MURRIETA CRK 210-165-710-5802 CITYgIOE TREE MAINTENANCE SVCS 001-164-601-5402 6,515.00 ~.~ 15,009.42 13,568.97 5.43- 8,571.03- 85,710.34 91,419.33 9,141.93- 58,208.04 20,163.96 10,238.40 3,256.38 6,138.72 6,659.70 1,26~.00 8,863.98 5,715.01 3,498.67 30,000.00 1,937.48- 19,374.80 34,730.46 12,328.70 7,003.63 28,572.96 77,139.31 82,277.40 124,006.86 30,000.00 17,437.32 34,730.46 12,328.70 TOTAL CHECKS 643,985.67 ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FIN~E~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council Genie Robeds, Director of Finance~ June 12, 2001 City Treasurer's Report as of April 30, 2001 PREPARED BY: Tim McDermott, Assistant Finance Director Pascale Brown, Senior Accountant -~ RECOMMENDATION: Report as of April 30, 2001. That the City Council receive and file the City Treasurer's DISCUSSION: Reports to the City Council regarding the City's investment portfolio, receipts, and disbursements are required by Government Code Sections 53646 and 41004 respectively. Attached is the City Treasurer's Report which provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of Apdl 30, 2001. FISCAL IMPACT: None Attachments: 1. City Treasurer's Report as of April 30, 2001 City of Temecula City Treasurer's Report As of April 30, 2001 Cash Activity for the Month of April: Cash and Investments as of Apdl 1, 2001 Cash Receipts Cash Disbursements Cash and Investments as of Apd130, 2001 $ 58,067,947 4,837,405 (2,203.289) $ 60,702,063 Cash and Investments Portfolio: Type oflnvestment Petty Cash . General Checking Sweep Account (Money Market Account) Benefit Demand Deposits Local Agency Investment Fund Certificate of Deposit (Retention Escrow) Various (Retention Escrow) Checking Account (Parking Citations) Trust Accounts- CFD 88-12 (Money Market Account) Reserve Account- CFD 88-12 (Investment Agreement) Delinq, Main, Reserve Account - CFD 88-12 (Investment Agreement) Trust Accounts- CFD 98-1 (Money Market Account) Reserve Account- CFD 98-1 (Local Agency Investment Fund) Trust Accounts-TCSD COPs (Money Market Account) Reserve Account-TCSD COPs (Investment Agreement) Trust Accounts-RDA Bonds (Money Market Account) Reserve Account-RDA Bonds (Investment Agreement) Institution Yield Maturity/ Contractual/ Termination Market Par/Book Date Value Balance City Hall n/a Union Bank n/a Union Bank 3.810 % (Highmark U.S. Treasury) Union Bank n/a State Treasurer 5,760 % Community Bank 4.360 % U.S. Bank Vadous Union Bank n/a U.S. Bank (First Am. Treasury) 4.770 % CDC Funding Corp 5,430 % 9/1/2017 CDC Funding Corp 5,422 % 9/1/2017 U,S. Bank (First Am, Treasury) 4.770 % State Treasurer 5.760 % U,S. Bank (First Am. Treasury) 4.770 % Bayerische Landesbank 6,870 % 10/1/2012 U.S. Bank (First Am. Treasury) 4.770 % Bayedsche Landesbank 7.400 % 2/1/2013 1,500 $ 1,500 294,513 294,513 (1) 328,000 328,000 1,668 1,668 54,369,263 54,369,263 (2) 273,861 213,861 249,044 249,044 4,810 4,810 250,938 250,938 1,531,469 1,531,469 500,000 500,000 622 622 943,400 943,400 258 258 502,690 502,690 1,107 1,107 1,448,920 1,448,920 $ 60,702,063 (1)-This amount is net of outstanding checks. (2)-At Apdl 30, 2001 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $50,437,374,330. The City's proportionate share of that value is $54,571,180. All investments are liquid and currently available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. ITEM 5 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council ~(~usan W. Jones ity Clerk/Director of Support Services June 12, 2001 Approval of Election Resolutions APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE'.,~,_ ClTY MANAGER RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNIClPALELECTIONTO BEHELD ONTUESDAY, NOVEMBER 6,2001 2. Adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES BACKGROUND: Pursuant to the Elections Code, a municipality may request of the County Registrar of Voters to consolidate with the General Election, to conduct the Municipal Election, to canvass the returns of the General Municipal Election, and to hold the election in all respects as if there were only one election. This request must be made in the form of a resolution, which delegates the powers and duties of the Election Officer for the City of Temecula to the County Elections Department. This delegation does not include services routinely conducted by the City Clerk such as advertising requirements for filing periods and all campaign filings including nomination papers and campaign statements. The second resolution that the Council is being asked to adopt is the formal resolution calling and giving notice of the election. This is a requirement of the State of California Election Code relating to General Law Cities. It also authorizes the City Clerk to give notice of the election in the time, form and manner required bythe Election Code. The repot[ does not preclude the City from adding a resolution regarding the Wolf Creek Referendum Petitions which will be heard in court on June 29, 2001. FISCAL IMPACT: Operating Budget. $60,000 has been budgeted for the election in the FY 2001/2002 ATTACHMENTS: Resolution No. 01- Requesting the Services of the Registrar Resolution No. 01- Calling Election RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, REQUESTING THE SERVICES OF THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 200t WHEREAS, the City Council of the City of Temecula, California, has called a General Municipal Election to be held on Tuesday, November 6, 2001, for the purpose of the election of three (3) members ofthe City Council and WHEREAS, it is desirable that the General Municipal Election be conducted by the County Registrar of Voters on November 6, 2001 within the City establishing the precincts, polling places and election officers, and that the Registrar of Voters of the County of Riverside canvass the retums of the General Municipal Election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section '1. That pursuant to Sections 10002 and 10403 of the Elections Code of the State of California, the Registrar of Voters of the County of Riverside is hereby requested to conduct the General Municipal Election on Tuesday, November 6, 2001, for the purpose of the election of two (3) Members of the City Council of the City of Temecula currently held by Jeff Comerchero, Ron Roberts and Jeffrey E. Stone. Section 2. That, except for those services routinely conducted by the City Clerk, delegation is hereby made to the county elections department of the powers and duties of the elections officer for the City of Temecula to conduct said election in accordance with all applicable laws and procedures. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used for each of the three (3) affected Councilmanic positions. Section 3. That, in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said City. Section 4. That the City of Temecula recognizes that additional costs will be incurred by the County, by reason of this consolidation, and agrees to reimburse the County for such additional costs. Section 5. That the Registrar of Voters of the County of Riverside is hereby authorized, instructed and directed to give such further or additional notice of said election, in time form and manner as required. Section 6. That said Registrar of Voters is hereby authorized to canvass the returns of said General Municipal Election. Section 7. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors, the county elections department of the County of Riverside and with the County Clerk. Resos\election-consolidate 1 Section 8. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 12th day of June, 2001. Jeff Comerchere, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 01- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of June, 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos~election-co nsolidate 2 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. WHEREAS, under the provisions of the laws relating to general law cities in the State of California a General Municipal Election shall be held on November 6, 2001, for the election of Municipal Officers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Temecula, California, on Tuesday, November 6, 2001, a General Municipal Election for the purpose of electing two (3) Members of the City Council for the full term of four years. Section 2. required by law. That the ballots to be used at the election shall be in form and content as Section 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4. That the polls for the election shall be open at seven o'clock AM on the day of the election and shall remain open continuously from that time until eight o'clock PM of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required bylaw. Section 7. Resolution. That the City Clerk shall certify to the passage and adoption of this Resos\01 -consolidate 1 PASSED, APPROVED AND ADOPTED, this the 12th day of June, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITYOF TEMECULA ) I, Susan W. Jones, City Clerk ofthe City of Temecula, do hereby certify that Resolution No. 01- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of June, 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk Resos\01 -consolidate 2 ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER t'~) TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Grant Yates, Assistant to the City Manager June 12, 2001 Back-up generator system for City Hall PREPARED BY: Aaron Adams, Sr. Management Analyst RECOMMENDATION: That the City Council: (1) Award a contract in the amount $106,200 to Johnson Power Systems for the design, construction, installation of a 250 kW back up generator system for City Hall (2) Authorize the City Manager to approve change orders not to exceed $10,620 which is equal to 10% of the contract amount (3) Appropriate Capital Project Reserves in the amount of $116,820 BACKGROUND: Currently the City does not have an emergency generator at City Hall. However, the City does have emergency generators at the Emergency Operations Centers, including Fire Station 84 and the Community Recreation Center. City Hall is designated as a third alternative Emergency Operations Center. In order to access the computer network, and utilize telephone networks while working out of the Emergency Operations Center, the City must add an emergency generator system to City Hall. This project was recently added for consideration within the Capital Improvement Plan, (attached). The need for back up power has been pushed to the forefront with the reality of rolling blackouts this summer. With this in mind, staff contacted 8 electrical design firms and held an on-site walk through of City Hall discussing the various possibilities. From this meeting an RFP was issued to interested firms specializing in design/build generator systems with only Johnson Power Systems submitting a proposal. Johnson Power Systems, a design/build firm that offers Caterpillar equipment submitted the attached proposal for four different scenarios. These scenarios ranged from purchasing a generator system to power both City Hall and the Maintenance Facility, to City Hall only, to providing power to only the City's computer room. It is staff's recommendation to select Scenario 2, City Hall only, at a cost of $106,200. This price includes the design, construction and installation of a 250 kW generator powerful enough to run City Hall. Johnson Power Systems estimates it will take 10 weeks to install this equipment. FISCAL IMPACT: $195,000 is included in the proposed Capital improvement Program budget for FY 2001-02. Adequate Capital Project Reserves are currently available for the requested appropriation. Attachment: Johnson Power Systems Proposal, CIP Project Sheet & Contract , MAY 04 '01 ~8:26PM JOHNSON POWER SYSTEMS 9E~9'?'~35112 3ohn$.on Power Systems ,,, May 4~ ~001 City of Temecula 43200 Bminens Park D~vc Temeculn Ua. 92589 ICE: Emergency Generators , Wc arc plcaacd to submit ~ budgetery quote far fl~ following d~si~n.a~lbuild s~enarios tim you Seenarin 1: Oenerator foe CRy }~11 and ~he Mai~e,.ne, e fadlRy. Generator to be moun~d i~ the nor~w~t coract of thc main parian_,, lot. Budget ~ost ~ludes the following. 1 - New Uaterpillar model 3406 Diesel Powered Packaged El~aic Generntm Set rated at 400 kW s~mdby, 277/480 VAC, 3 Phase, 60 Herta, with all the smudard equtlnlaent plus the fonowing: Weatherproof Euclosute Electronic Oovomot Base Fuel Ta~k, 1500 Gallons, 52 l~exiblc Fuel I. inca M~in Line Ckcult Breaker, 3 Pole, 1000 Amp (for City Hill) Second Main Line Circuit Breaker, ~ Pole, 400 Amp (for Ma~ntenanc~ facility} ~tarting Ba~y, 12 Veil, Batle~ C~rging All~-matm~ 35 Amp~ 12 Volt F. ml~ne and (hmerator Co,q~ol Comole, EMCPII F..xlmu~t Sil~nc,~, Flcxibl~ Con. elm, ~1 Rain Initial Fill of, Off and Coolant , 1 - New ;Automatic Transfer Switch t~tcd at 2.000 Amps~ 600VAC. 3 Pole, 3 Plume, with 208 Volt stealer, Logic Consol, E.xemi~e Tilaar, nad mouuled in a NEMA 3R enclosure (fo~ City Hall_)_ I - New ~.utomat/c Transfer Switch xated at 800 Ampa. 600VAC, 3 Fole, 3 Pbale~ with 208 Volt seedieR, Logic Con=oL Exercise Timc~, and mou~ted in a NEMA ] =nc, losme (fo; Maintenance facility) l-Set of Ope~6ou ~nd M~int~uce Map-nh FOB Teme, cula * Field Start'up 8entice and Testing (4 houri) A]~o incl~dc, d iA out BUDGET pricc will be the i~t~lla~on of thla cquilnn~t by a lic~m~d c~,hactor who on. Price-will include all trcnchln~: conduit, cable, connecuom, and pettings rcqumm mr e complete eno operable system. Total Budget Cost $1.~4,6'/~.00 I~liv~/'of thh unlt is about 14 weel~ from da~: of ot~. CGTERPILLAR' ~qy ~4 '01 BS:26PM JO~OM POWER SYSTEMS 9~c37885112 P.B :iohnson Power_Systems ,. Scenario 2: ~lo: for City Hall nnly. ~enerator to be movnted in thc ccnte~ of the 1 - New Caa~rpilla~ model 3306 Diesel Powered packaged Electric (~neretm Set feted at 2~0 kW sumdby, 120/208 VAC, 3 Phase, 60 Hertz, with ~11 Rte st~md~l cqtdpm~l plus the following: Weat~f Enclosure Blecmndc Governor Base Ft~l Tank, 1000 Gallons, 53 Hot~a Flexible 1~ Lines Main t.i~n Circuit IL,°aka, 3 Pole, 1000 Amp Starti~ Bsttc~, 12 Volt, Battt~Y Cha~,i~g Alternator, 35 Amp, 12 Volt l~n~ne and Oenentmr Con~'ol Cor~ole, ILMC~II Exhaust SUcncor, Plcxible Counoctor, and Rain Cap · Initial Fill of Oil und Coolant , . . 1 - How Autmnatic Tcsnsf~ Swlt~h zated at 2,000 Amt-, 600¥AC, ~ Pole, .~ with 208 Volt slmsi~ Loide Con~'ol, Exorcise Tin~t, and llloullted in a I~ 31~. enclosuro 1 .Set of Operation and M I t~z'~ ~t FOB Temecula ,, Field Stsrt up Son, too and Testing (4 hours) Also included in our BUDGL=T pricc will bc thc installation of this ~utpment by a licensexi conlractor who will poor's concrotc pad to mount the generator on; as well as a pad to mount the automatic transi'er switch on. Pric~ will include all t~cnchin~, conduit, cabln, connections, and permits ~quired for a compiete and operable z)l[cm. Total Budl~ct Cost $106,200,00 Scena"o 3; Genera~ox fo~ Ci~ Hall comput~ ~unm ~.ud compute~ room A/C only. Gunerntor to be mounted in the paxld~ lot n4jaccnt to th~ clectrieal ~o~m. Budget cost includes the followins. 1 - New Caterpillar Olympian model DSOP2 Diesel Powered Packaged Elcctrle Geunrator Set rated st 50 kW standby, 120/480 VAC, ~ Phase, 60 Hertz, with all the stande~d equipment plt~ the following: Weatherproof l~ncloaurc EIr, c~unic Oovemor Base Fuel Tnnk, 150 Gallons, 35 Hours M~ Li~ Ci~ui~ B~"kar, 3 Pole Bettc~ Chtrgiri~ Alternatn~ 35 Amp, 12 Volt Engine and C, cn~r~tor Control Console, "2001" Bxl~vst Silencer, Flexible Connector, tnd Rain Cap Inigal Fill of Oil and Coolant 1 - Blew Automatic TranSit Switch rated at 200 Amps, 600VAC, 3 Pole, ~ Phase, with 20~ Volt sensin~ Lo~ic Control, Hxl~cisc Timer, n~l mounted hi a I'OtMA ! onclos~c P,.AI'ERPILLAR' P.4 , MAY 0~ '01 ~:~?PM JOH~SOM POWER S~ 9~7885112 n Power stems 1 - New 200 Amp Eracrf~cncy penol for the computer mom and cc~put~ A/C units. ' FOB Tem~51a · picla sm sa, ....... : ..... :---at by a a, d who ~ p~r a c~c~ p~ ~ m~ut ~ g~m~ on, ~ ~U as a pad ~ ~t ~c au~c ~f~ ~ To~ B~ ~t S 29~75,00 · Stenario 4: T~ilcr mountat Ocncretor for City Hell compute~ room m~d comput~ mom A/C.o~. y. Generator to be uail~ mounted with curd connections for cscy hook up to the braiding. Bud~Ci cost includes ~hc following. - 1 '- New Catc~pill~ Olympian model DSOP2 Dzca~l Pow~r~i Psclml{cd Elostric Oenerator Set ~ated at 50 kW staudby, 120/450 YAC, 3 Phase, BO He~ with all the standard cquilnuen! plus the followi~: Wca~e~proof Enclomme Electronic Oovernor Fl~xi~l~ Fu~l Lines M~in Line Circuit Break~, 3 Pole Batte~ Char~in~ Alm~netor, 35 Amp, 12 Volt ~.otne and Generator Control Conanlc, "2001" Initial Pill of Oil and Coolant · 1 - New Autonmtic T~ansfcr Switch rated st 200 Amps, 600VAC, 3 Pole, ~ phase, with 208 Volt sens~qb Logic Control, Bxorcise T~me~, and mounted in a NNMA l enclosure · 1 ~ New 200 Anlp ]~mcrgcncy panel for thc con~0utef ~oon~ ~ computc~ A/C units, · 1-Set of Operation and M~dntenance Manuals Mounted on s Dual ~xle flathed trail~ wi~ thc following features: 250 gallon fuel cell, Hydraulic Suq~e Brakes, Pintlc type Hi~:h, IC LiginL'~, safety chains, f~ont ~onsuc jack, 2 rosr stabili~or ~ack~, and Pi{{ Tail Cord (25') wi~ ms~.~,~,,~ ~p~cle on th~ buildiu8 * S~artu SmviccandTcsdn~ (4hours) · Field P ............ ~-- :--~,"~liou of this cnuinment by a licensed contractor who Also included in oor l~V~,~l price v, qu u~ u~ ~m~,,. -~ ~ will imUdl ~cccpmclc, am well ss mourn ibc automate uansfea switch. Price will include all Uenchin§, conduit, cable, oouncetions, sad pcrmds requt~ed fo~ a complete and operable Toud Buret Cost $ 38,q00.90 · Note; These ~c budl{et pHc. cs for prcllminary des~m to achicvc your I{oeh for each of youx cmc~$cncy , powc~ scenarios, O~e you have · betI~ idea of the sccnarin that is ~O~S tO sc~vc your needs we ca~l get CMERPILLAR' P.5 MAY 04 '01 1~8:~?PM JOHNSOM POWER SYSTEMS 9097885112 · h Power stem togetJtcr and ~scusa thc beat options Fcgar,41~.~ gene~tor ~ and placement. ~ ol~m~,~ your ~c cons~ncnn~ cn,.c~-~ uac~ up~t~u~ ~ . ~ ~ ~w ~de or E ~c Icad ~ on ~ ~ o~ ~ exte~ T~ Icad ~e9 f~ ~s s~ ~ 10 ~ 14 we~. T~ ~wi~ ~ ~d m ~ i~ ~Y ~ you do ~cM~ ~ ~U · ~t 1 - ~ Auto.dc Tr~ Swi~ n~ at 2,0~ ~s, ~0VAC, 3 Pole, 3 ~e, ~ 208 Volt Tol B~g6 Cost S 22,S00.~ ~ ~cl~ ~ o~ BUDOET pg~ ~ b~ ~ ~ of ~ cq~l by a licc~d c~r who ~1 po~ a ~e~ pad ~ ~t ~ au~ u~f~ swi~ on. ~ wffi ~c~e ~1 ~bin~ Scenario 2: ATS for l~'~aintcnnn~ Buildin~ Main 1 - N~ Automac ~f~ S~tch n~ at 800 ~s, 600VAC, 3 Polo, 3 Fba~, ~ 208 Volt s~, Logic ~n~l, Ex~ T~, a~ mo~ To~ ~gel Cost S 10,200.00 Aho ~ ~ o~ B~G~T p~ ~ bc ~ ~ of ~ eqmp~t by a ~ ~n~ w~ 1 -Ncw Au~c ~ S~ nt~ at 2~ ~s, 600VAC~ 3 PO~, 3 ~e, wi& 208 ~olt To~ ~ot Cost ~ %S00~ ~o ~luded ~ o~ B~GET p~c w~ ~ ~ ~gon of ~ ~ip~t ~ a ~d ~ who ~cc~, ~ad ~ts roqu~d f~ a o~l~ ~ op~b~ sya~ ScP. nsrlo 4: ATS fO[ City ]tall Con~2Gtcr 1~oom (Trailer) CATERPILLAR* P.6 .MAY ~' ~01 ~8:~SPM $OHNSOH PO~ SYSTEt~S 9~FB788511~ 3ohnson Power,~vstems If you have any questions rcgarding this quote, please feel flee to call. · Submit:ed By, II ~a~- / P TERPILLAR' CITY OF TEMECULA PURCHASE AND INSTALLATION AGREEMENT EMERGENCY GENERATOR FOR CITY HALL This Pumhase and Installation Agreement ("Agreement") is made and entered into as of June 12, 2001 by and between the City of Temecula ("City"), a municipal corporation, and Johnson Power Systems ("Vendor"). In consideration of-the mutual covenants and promises contained herein, the parties agree as follows: 1. Purchase and Sale of Equipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to design, manufacture, sell, deliver and install to the City one emergency generator for City Hall as more particularly described in Exhibit A, Description of Equipment, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 2. Purchase/Installation Price. The Purchase and Installation price which City agrees to pay to Vendor for the design, manufacture and installation of equipment, is One Hundred Six Thousand, Two Hundred Dollars and No Cents ($106,200.00) The Purchase price is final and shall be paid by City to Vendor in accordance with the following schedule: Net 30 day upon receipt of invoice from the Vendor and acceptance by the City. 3. Change Orders. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the Work in an amount not to exceed the contingency as established by the City Council. 4. Scope of Work. Vendor shall design, manufacture, and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ('~Nork"). Vendor shall provide and furnish all design sketches, labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operatinf:l Condition. Vendor has good and marketable title to all of the Equipment designed, manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or R:\vollmum\agreements.all\emergency generator.2001 I assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware the City is purchasing the Equipment for use as an emergency back-up generator for electrical power to City Hall and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain, or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 6. Performance. Vendor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. Installation of the Equipment shall be performed by a licensed contractor. 7. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. The City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. Time of Delivery. The date and time of delivery of the Equipment shalt be approximately fourteen (14) weeks upon contract approval (September 18, 2001 ). 9. Place of Delivery. The Equipment shall be delivered to this location: 43200 Business Park Drive, Temecula, California. On-site installation date and time must be pre-approved by City. 10. Rejection. In the event of such notice of non-conformity by City pursuant to Section 6, City may, at its option, (1)reject the whole of the Equipment and Installation, (2)accept the whole of the Equipment and Installation, or (3)accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by the City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 11. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that the design, manufacture and installation of Equipment tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the R:\vollmum\agreements.all\emergency generator, 2001 2 original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 12. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers 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 or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 13. Contract Documents. a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Vendor quote, scenario #2, dated May 4, 2001, attached hereto as Exhibit A. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the quote provided by the Vendor and attached to this Agreement shall prevail. 14. Default of Vendor. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Vendor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Vendor with written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Vendor 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. 15. Liability Insurance. 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: R:\voilm um\agreements.all\emergency generator.2001 ~ (1) (2) (3) 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. (4) Errors and omissions liability insurance appropriate to the consultant's profession. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per occurrence. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or R:\vollmum\agreernents.all\emergency generator.2001 4 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) (4) 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 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 cedified 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 Coveraqe. 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. 16. Prevailinq Wages. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the District Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 17. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 18. Leqal Responsibilities. The Vendor 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 Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and R:\voilmum\a§reements.all\emergency generator.2001 5 employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 19. Prohibited Interest. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby/ warrrants and-represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. Independent Contractor. Vendor 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 the Vendor shall at all times be under the Vendor's exclusive direction and control. Neither the City nor any of its officers, employees, agents or volunteers shall have control over the conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as set forth in this Agreement. Vendor 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 of Temecula. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind the City in any manner. 21. Assiqnment. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 22. 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 Vendor at: Johnson Powery Systems Attn: Paul Crafts 656 East Lacadens Drive P O Box 351 Riverside, CA 92505-0351 To City at: City of Temecula Aftn: City Manager 43200 Business Park Drive Temecula, California 92589 23. Governinq Law. The City and Vendor 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. 24. Entire Aqreement. 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 based solely upon the representations set forth herein R:\vollmum~agreements.all~emergency generator.2001 (~ and upon each party's own independent investigation of any and all facts such party deems material. 25. Authority To Execute This A.qreement. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to 'execute this Agreement on b~half of the Vendor and' has'the authority to bind Vendor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above written. CITY OF TEMECULA Jeff Comerchero, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney R:\vollm um~agreem ents.all\emergency generator.2001 '7 Vendor Johnson Power Systems 656 East Lacadens Drive P O Box 351 Riverside, CA 92502-0351 Phone (909) 683-5960 Fax (909) 788-5112 BY: Signatures two (2) Corporate Officers required for corporations. R:~vollm um~agreement s,all\emergency generator. 2001 8 EXHIBIT A DESCRIPTION OF EQUIPMENT/SCOPE OF WORK All work to be performed as per specifications attached hereto and incorporated herein. Scenario 2: Generator for City Hall only. Generator.to be mounted in the center of the north side of the main parking lot. Budget cost includes the following. 1- New Caterpiller model 3306 Diesel Powered Packaged Electric Generator Set rated at 250 kW standby, 120/208 VAC, 3 phase, 60 Hertz, with all the standard equipment plus the following: Weatherproof Enclosure Electronic Governor Base Fuel Tank, 1000 gallons, 53 hours Flexible Fuel Lines Main Line Circuit Breaker, 3 Pole, 1000 Amp Starting Battery, 12 Volt Battery Charging Alternator, 35 Amp, 12 Volt Engine and Generator Control Console, EMCPII Exhaust Silencer, Flexible Connector, and Rain Cap Initial Fill of Oil and Coolant New Automatic Transfer Switch rated at 2,000 Amps, 600 VAC, 3 Pole, 3 Phase, with 208 Voit sensing, Logic Control, Exercise Timer, and mounted in a NEMA 3R enclosure 1- Set of Operation and Maintenance Manuals FOB Temecula *Field Start up Service and Testing (4 hours) Also included in our BUDGET price will be the installation o£this equipment by a licensed contractor who will poor a concrete pad to mount the generator on, as well as a pad to mount the automatic transfer switch on. Price will include all trenching, conduit, cable, connections, and permits required for a complete and operable system. Total Budget Cost $106,200.00 EXHIBIT B PAYMENT RATES AND SCHEDULE Cost of Work shall not exceed $106,200.00 as quoted by the Vendor in the letter dated May 4, 2001 attached hereto and incorporated herein. R:\vollmum~agreements.all\emergency generator. 2001 '1 0 ITEM 7 CITY ATTORNEY /~, ~-.~ . 1 D,RECTOR OF F,.^.6E / CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council James O'Grady, Assistant City Manager June 12, 2001 SUBJECT: Consideration of the Temecula Fall Rod Run, "Hot Rods & Hadeys Cruising for the Boy Scouts" Sponsorship Request Prepared by: Gloda Wolnick, Marketing Coordinator RECOMMENDATION: 1) That the City Council approve the sponsorship request for the Temecula Fall Rod Run, "Hot Rods & Hadeys Cruising for the Boy Scouts" event. BACKGROUND: Staff has received a request from The Boy Scouts of Amedca to provide city support costs for the proposed Temecula Fall Rod Run, "Hot Rods & Hadeys Cruising for the Boy Scouts" event. This event will be held September 28 - 29, 2001 in Old Town Temecula. It will include invitations to car buffs, special events and activities. The event promoters will stage numerous venues in Old Town to enhance the event including an evening car and motorcycle cruise and a Sock Hop (Third & Front Streets) on Fdday evening, and a pancake breakfast and Show & Shine on Saturday. The Fall Rod Run would be shortened from last year's two-day event. The 2001 Fall Rod Run will begin Friday evening and will end at 4:30 p.m. on Saturday. The number of vehicles would be limited to no more than 400 cars and 150 motorcycles. There will be no Beer & Wine Garden or alcohol sold at this event. Furthermore, this event will serve as a fundraiser for The Boy Scouts of America in Temecula, a non-profit organization, with 75% of the net proceeds directed towards Temecula Troops number 624, 924, 343, 934, 334, 911, 148, 301, 337 and 384. All event proceeds will stay in the community to support Temecula Scouting programs. The Fall Rod Run, "Hot Rods & Hadeys Cruising for the Boy Scouts" will be sponsored by P & R Productions for benefit of The Boy Scouts of Amedca in Temecula in cooperation with The Ddffers Car Club. Due to the structure of the Boy Scouts of Amedca, the local Boy Scout Troops are not able to sign a contract themselves. It must go before their District Council, which could take up to 2 months for approval Thus, upon legal advice from the Boy Scouts of Amedca, P & R Productions, a California R:\W olnickg\Agendarepor tsWall Rod Run 2001.doc General Partnership, was formed to manage, run and promote the event with the Boy Scouts of Amedca. The Boy Scouts of Amedca is fully supportive of this arrangement. Additional information can be found in the sponsorship package, which is included as Attachment "A" of this report. A detailed summary of the event is included as Attachment "B". In addition to the fundraising for the local Boy Scouts, the event has the potential to provide toudsm and economic benefits to the City of Temecula. Marketing and publicity will include posters, flyers, car/rod and entertainment magazines and newsletters, major newspapers, websites, and radio throughout Southem Califomia. Flyers will be mailed and distributed at car shows. Local marketing will include The Press-Enterprise, radio, and community newspapers. In addition, a media day will be held on September 8th or 15Ih to promote the event. In an effort to better understand this event, and to determine potential costs, staff has met with the event sponsor. Staff estimates that should Council choose to approve this sponsorship, City support costs such as police, fire, and public works would be approximately $23,500. There will be no commissions, consultant fees and/or salades paid to any party from the City of Temecula's sponsorship. On May 16th, 2001, the Economic Development Sub-committee, Mayor Jeff Comerchere and Mayor Pro Tern Ron Roberts, and staff met with representatives of The Drifters Car Club and Boy Scouts of America to discuss their funding of the Fall Rod Run. At that time the groups provided additional information on the Fall Rod Run to the Sub- committee members. The Economic Development Sub-committee funding recommendation is to provide funding for actual city-support service costs up to $23,500. If the Fall Rod Run requires any significant and unanticipated city-support expenses including police, fire and/or public works above the budgeted amount, further billing of P & R Productions would be required. FISCAL IMPACT: It is estimated that City support costs for this event would be approximately $23,500. Adequate funds have been included in the proposed FY 2001- 02 Operating Budget of the various support departments for the recommended sponsorship amount. ATTACHMENTS: Fall Rod Run, "Hot Rods & Hade,/s Cruisinq for the Boy Scouts" Attachment A - Sponsorship Package Attachment B - Event & Media Promotions Attachment C - Budget Attachment D - Estimated City Support Costs Attachment E - Sponsorship Agreement R:\Wolnickg\Agendarepor ts~Fall Rod Run 2001.doc TEMECULA FALL ROD RUN, HOT RODS & HARLEYS CRUISING FOR THE BOY SCOUTS ATTACHMENT A - SPONSORSHIP PACKAGE R:\W olnickgkAgendar epor t s~Fal I Rod Run 2001.doc TEMECULA FALL ROD RUN, "HOT RODS & HARLEYS CRUISING FOR THE BOY SCOUTS" SPONSORSHIP PACKAGE The City of Temecula's benefits as a Presenting Sponsor of the Temecula Fall Rod Run, "Hot Rods & Harleys Cruising For The Boy Scouts": · City logo/or name will appear on all flyers, advertisements, poster, program and promotional items relating to the event · Free booth space at event · City name on all press releases · City of Temecula advertisement in the official program · 10 event t-shirts · 10 event posters R:\W olniokg\Ag~ndar~:por tsWall Rod Run 2001.do~ TEMECULA FALL ROD RUN, HOT RODS & HARLEYS CRUISING FOR THE BOY SCOUTS ATTACHMENT B - EVENT & MEDIA PROMOTIONS R:\W olnickg~AgendarepoflskFal! Rod Run 200 l.doc Temecula's Fall Rod Run Hot Rods & Harleys Cruising for the Boy Scouts September 28th & 29 2001 First we would like The City of Temecula to be the Premier Sponsor of this event, benefiting the Boy Scouts of Temecula. We would like to change the format of last years Fall Rod Run to be even more merchant and general public friendly. a. Event will be condensed from last year's two-day one evening event, to a Friday night cruise and a Saturday show & shine. This would decrease the amount of funding by one full day and at the same time give the downtown merchants the opportunity to do business without the streets being blocked two days in a row. We will Limit the number of cars to no more than 400 and Bikes to 150. This event will again be an 3. 4. 5. alcohol free event. i. Needs on Friday Night: We would like to have the streets blocked offfrom 5pm to 9pm to allow open cruising from Arch to Arch for Hot Rods. Last year the Friday night was a big success, and the crowds that came down town to watch the cruising were tremendous. This is big benefit to the downtown merchants and restaurants that remains open. ii. Vendors Friday evening: Would be allowed to set up starting at 5pm to let them join in the evening festivities. We would again have a Sock Hop at Third & Front Street. iii. Needs on Saturday: Streets blocked from 7am to 4:30 pm. We will use all of Front Street, and the business parking lots on the facing Front Street and the Stampede parking lot. All side streets on the east side will remain open for public parking, with the streets barricades being placed with only two cars facing east, and up to 6 cars facing west on Main Street. iv. We would like to do a pancake breakfast Saturday morning at the staging area leading into old town. We would ask the Boy Scouts if they would put on this event. v. Vendors will be on the comers of each street same as last year, and we would again like to use the Stampede pool lot for vendors. vi. We want the public to be able to drive downtown and be able to park on all streets except Front Street. We will not charge for parking we want to encourage the public to come on down and enjoy. vii. Needs Public Restrooms: We would like to see the city pick up the cost of Porta Poties due to the fact we will be limiting the number of food vendors. and it benefits Old Town with all the visitors this event will bring in. This change would save the Boy Scouts at least $2500 Dollars. viii. Event ends at 4:30pm on Saturday The Boy Scouts will not need any city monetary funding; we will work on dollars generated by sponsorships and vehicle registrations. We don't anticipate any other changes to this proposal. Budget: See attachment A Overall event costs for special event organizers. Drifters Car Club will be given $400.00 for the help in parking, Car Judging and over all supervision of vendors. Kola if used, there will be a cost of $2000 for their services. Pat Vesey & Ray Waite will be given 25% of the dollars generated for their services in promoting this event and handling the day to day operations and paper work. a. All funds collected for registration and sponsorship dollars go directly to the Boy Scouts b. The Boy Scouts will control all funds. Financial Prr~t ~r I~ ~t~tF~m~nt Ft~r last x~r iq nc~t ~x;nrllkl~ From: Pat Vese¥ 909.506-0933 To: Gloria Wolnick Date: 5/23/200] Time: ]:42:46 PM Page ! of ] City of Temecula Gloria Wolnick Marketing Coordinator 43200 Business Park Drive Temecula, CA 92590 Dear Gloria, Our Plan for the media would be as follows; we will submit a marketing proposal to the Press- Enterprise for sponsor ship as we did last year. We hope to increase our media with an increase from last years $3000 to $5000 this year, now that we have a proven event. We will also feature The City of Temecula on at least 10,000 flyers to be distributed in the mail and at ear shows. We would again like to work with the Press Enterprise in printing poste~and a program book featuring the City of Temecula, We also will plan a media day to be held the 8~ or 15 of September. These are the key media areas we hope to accomplish. We will also fie in to as many web sights and car cruise magazines as possible, along with many press releases. I hope this answers your questions on media if not please give me a call. Sincerely Pat Vesey Drifters Car Club BOY SCOUTS OF AMERICA CALIFORNIA INLAND EMPIRE COUNCIL 1230 Indiana Court · Recllands, California 92374-2896 (909) 793-2463 or 825-8844 · FAX: 793-0306 4~24~0 City of Temecula Attention; James O'Gradey, Assistant City Manager 43200 Business Park Drive Temecula, CA 92590 O~FLCt~ - Dear Mr. O'Gradey: The Boys Scouts of America, Tahquitz District would like to participate in the Fall Rod Run to benefit local Scouts and Scouting Programs. The funds generated from this event would assist our local Scouts primarily with camperships to attend summer camp. In addition, other unit related expenditures such as; advancement materials, troop camping equipment and recruitment materials will be funded. The units participating and benefiting from the Fall Rod Run will be exclusively from Temecula. All proceeds will stay in our community to support Temecula Scouting programs. The event will be put on by the Drifter's and the Temecula Boy Scouts. All promotion will done by Pat Vesey and Ray Waite with Scouts assisting as needed. To ensure proper fiscal management a steering committee of local Scout leaders will be formed to oversee the activity. A special account will be set-up to manage the event with all deposits and expenditures being processed through the account. Upon completion of the event all proceeds will be split 75% to the Scouts and 25% to Pat Vesey and Ray Waite. Thank you for your time, consideration and on-going support of Scouting in our community! IfI can answer any questions please don't hesitate 'to call. I can be reached locally at (900)695- 7450. Sincerely, Sean Roy Tahquitz District Scout Executive A progrant for Cub Scouts. Boy Scouts. Co-ed Ventures, and Co-ed Explorers Supported by Friends of ScoutH~g. Endowment Funds. and United Way Temecula Fall Rod Run Cruising for the Boy Scouts of Temecula Drifters Car Club & P & R Productions 28192 Tierra Vista Rd. Temecula, CA 92592 Phone 909-699-1876 May 31, 2001 City of Temecula James B. O'Grady Assistant City Manager 43200 Business Park Drive Temecula, CA 92590 Dear Jim, The Boy Scouts would like to be the beneficiary of the Fall Rod Run as a fundraiser to benefit the youth of Temecula. P & R Productions would produce this event with the assistance of The Drifters Car Club; we believe we can put on an excellent event showcasing the Boy. Scouts and City of Temecula. To answer your questions the money raised by this event will go only to the Boy Scouts of Temecula. Troop number 624,924,343,943,334,911,148,301,337, and 384. A neutral third party acceptable to the Boy Scouts of Temeeula will set up accounting for this event and make arrangements for all money collected to be deposited directly an account open to review by the city of Temecula & the Boy Scouts. Jim, it takes minimum of throe months to promote a good show four months would be better, with out this amount of time I know we will not have as successful show as we did last year in Old Town Temecula due to the time constraints. Please let me know if there is any way to start promoting this before July. After reviewing the attached changes please feel free to call Ray Waite, Bill Kipp or myself, we will happy to go over the changes in detail. Sincerely Pat Vesey Drit~ers Car Club Bio for Ray Waite & Pat Vescy Pat Vesey & Ray Waite formed P & R Productions in order to put on Car Shows and events in and around the Temecula Valley. We have produced or volunteered for such events as the Temecula Rod Run, the Temecula Fall Rod Run, Wings & Wheels at French Valley Airport, Cruising For the Veterans in Temecula and many more. Ray Waite is Gunnery Sergeant in the USMC for the past 18 years at Camp Pendleton and works at the Marine Corps Air Station. Ray is a long time car enthusiast and is a resident of Temecula and has supported and worked for many car Events in our area and at Camp Pendleton. Ray is a member of the Drifters Car Club and The Veterans of Foreign wars who has benefited from numerous car shows that Ray has worked. Pat Vesey has been in Sales & Marketing for over 35 years spending 10 Years with Kellogg's Cereal Company, 10 years with Kodak and 10 years with Fuji and VP of National Accounts. Pat has also been involved with Car Shows and events in and around the Temecula Valley. We have produced or volunteered for such events as the Temecula Rod Run, the Temecula Fail Rod Run, Wings & Wheels at French Valley Airport, and Cruising For the Veterans in Temecula. Pat is also a member of the Drifters Car Club and has also worked to help raise money for the VFW. TEMECULA FALL ROD RUN, HOT RODS & HARLEYS CRUISING FOR THE BOY SCOUTS ATTACHMENT C-BUDGET R:\Woh~i~g~.gc~da~por ts~Fall Rod Run 2001.doc Temecula Fall Rod Run Cruising for the Boy Scouts Budget for the Fall Rod Run 2001 16-Mar-01 Revenue Car Registrations 400 at $25.00 $10,000.00 Bike Registrations 150 at $25.00 $ 3,750.00 Sponsom $ 8,000.00 Vendors $ 3,000.00 T-shirt Sales $ 400.00 Raffle $ 800.00 50/50 $ 250.00 souvenirs $ 200.00 Total $ 26,400.00 Expenses Awards $ 500.00 Signs $ 1,000.00 Postage $ 500.00 Posters $ 1,000.00 Rentals $ 500.00 Music/Entertainment $ 800.00 Clean Up $ 750.00 Insurance $ 350.00 Communications Equipment $ 400,00 T-shirts $ 4,200.00 Advertising $ 500.00 *Frae Way Signs $ 500.00 **Porta Potties $ 2,300.00 Ddflem Car Club Parking etc. $ 400.00 Supplies $ 175.00 Miscellanies costs $ 250.00 Permits Fee's $ 360.00 Total $14,485.00 Revenue Expenses Promotion Cost 25% Net/Net to Boy Scouts $ 26,400.00 $ 14,485.00 $ 11,915.00 $ 2,978.75 $ 8,936.25 TEMECULA FALL ROD RUN, HOT RODS & HARLEYS CRUISING FOR THE BOY SCOUTS ATTACHMENT D - ESTIMATED CITY SUPPORT COSTS R:\Wolnickg~Agondaxepor ts~Fal I Rod Run 2001.doc TEMECULA FALL ROD RUN, "HOT RODS & HARLEYS CRUISING FOR THE BOY SCOUTS" ESTIMATED CITY SUPPORT COSTS Based on the input from City departments we received cost projections for the Fall 2001 Rod Run, the following expenses can be anticipated for this event: Police: $17,493 Fire: 2,446,63 Public Works: 2,000 Community Services: 730 Planning (Code Enforcement): 750 TOTAL: ~;23~419.63 R:\W olnickg'~Agendarepotts~Fall Rod Run 2001.do~ TEMECULA FALL ROD RUN, HOT RODS & HARLEYS CRUISING FOR THE BOY SCOUTS ATTACHMENT E- SPONSORSHIP AGREEMENT R:\Wolnickg~gendar epor ts~Fall Rod Run 2001 .doc SPONSORSI~P AGREEMENT BETWEEN CITY OF TEMECULA AND P & R PRODUCTIONS This Agreement, made this 12th day of June, 2001, by and between the CITY OF TEMECULA, (hereinafter referred to as "City"), and P & R Productions, a California General Partnership. A. P & R Productions will operate the Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts" on September 28 & 29, 2001. The Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts" is a special event located in Old Town Temecula involving the display of no more than 400 classic cars and 150 motorcycles. No alcohol will be served. The event will also feature a Sock Hop, which will be held Friday evening, and a Pancake Breakfast, held on Saturday morning, in Old Town. This event is expected to draw between 15,000 - 20,000 people for the event. B. The City of Temecula desires to be a "Premier Sponsor" of the 2001 Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts." AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: A. In exchange for providing for the Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts," all city-suppott costs including Public Works, Fire and Police, the City of Temecula shall be designated as a "Premier Sponsor" of the 2001 Temecula Fall Rod Run. The estimated city-support costs are not to exceed $23,500. In the event that City support services exceeds $23,500, the sponsor may seek City authorization for payment above that amount. In exchange for being a Premier Sponsor, the City of Temecula will receive the benefits as listed in Attachment A. B. The Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy --Scouts" will serve as a fundraiser for The Boy Scouts of America of Temecula, with seventy-five (75%) of the net proceeds to be paid prorata to the Boy Scouts of Temecula, Troops number 624, 924, 343, 934, 334, 911, 148, 301, 337, and 384, and twenty-five (25%) of the net proceeds to be paid to P & R Productions as the event organizers. C. Within 60 days following the Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts," P & R Productions shall prepare and submit to the Assistant City Manager a written report evaluating the Temecula Fall Rod Run, its attendance, and describing the materials in which the City was listed as a Premier Sponsor. The report should also include samples of media press clippings, flyers, pamphlets, etc. in a presentation notebook format. In addition, a complete financial statement of the revenue and expenses of the Fall Rod Run must be provided along with a separate statement indicating the distribution of the funds, i.e. local scout troops that received proceeds. P & R Productions will administer all money transactions for the event. A neutral third party acceptable to the Boy Scouts of Temecula shall prepare an accounting for the Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts" event. D. P & R Productions shall file Temporary Use Permit and Special Event Permit applications with the City of Temecula no later than 90 days preceding the first day of the Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts" event. E. Once the Temporary Use Permit and Special Event Permit applications have been submitted and the event agreement has been executed in final form, P & R Productions will receive authorization to receive City Support Services for the Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts" as outlined in the agreement. F. P & R Productions agrees that it will defend, indemnify and hold the City and its elected officials, officers, agents, and employees free and harmless from all claims for damage to persons or by reason of The Boy Scouts of America acts or omissions or those of The Boy Scouts of America's employees, officers, agents, or invites in connection with the Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts" to the maximum extent allowed by law. G. P & R Productions shall secure from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement a policy of comprehensive general liability in which the City of Temecula and the Temecula Redevelopment Agency is named insured or is named as an additional insured with P & R Productions and shall furnish a Certificate of Liability by the City (refer to Attachment F). Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall; Include the City as the insured or named as an additional insured covering all claims arising out of, or in connection with, the Temecula Fail Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts." Include the City, its officers, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts." Provide the following minimum limits: General Liability: $4,000,000 per occurrence for bodily injury, personal injury and property damage with a $4,000,000 aggregate. The insurer shall agree to waive all rights of subrogation against the City, its officer, officials, employees and volunteers for losses arising from the Temecula Fall Rod Run, "Hot Rods & Harleys Cruising for the Boy Scouts." Bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days beforehand. Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductible or self-insured retefition as respects the City, its officers, officials and employees or The Boy Scouts of America shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. H. Should any litigation be commenced between the parties, hereto concerning the provisions of this Agreement, the prevailing party concerning the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorney's fees, in addition to any other relief to which it may be entitled. I. The Temecula Fall Rod Run event must be held within the City of Temecula limits. J. P & R Productions will need to adhere to the Conditions of Approval for the event, which will be presented to P & R Productions upon City Council's approval of this event. Any violation of this document is subject to termination of the sponsorship agreement between the City and P & R Productions. 1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DATED: P & R PRODUCTIONS 28192 Tierra Vista Temecula, CA 92592 CITY OF TEMECULA BY: Pat Vesey General Partner Jeff Comerchero Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter Thorson City Attorney TEMECULA FALL ROD RUN, HOT RODS & HARLEYS CRUISING FOR THE BOY SCOUTS ATTACHMENT F -CERTIFICATE OF LIABILITY INSURANCE R:\W olnickg~Agendar opor t s~Fal I Rod Run 2001.doc ITEM 8 APPROV/~ii ~''~ CITY ATTORNEY DIRECTOR OF FINAI~CE CITY MANAGER ,/~) I - ' TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT City Manager/City Council Herman D. Parker, Director of Community Service~ June 12, 2001 Implementation of Special Tax - Measure C PREPARED BY: RECOMMENDATION: Barbara Smith, Management Analyst That the City Council adopt a resolution entitled: RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2001-2002 TO FINANCE RECREATIONAL AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS BACKGROUND: Beginning Fiscal Year 1997-98, the Community Services, Parks and Recreation and Arterial Street Lighting Rates and Charges previously levied by the TCSD were replaced by the City of Temecula's Parks/Lighting Services special tax approved by the voters as Measure C on March 4, 1997. The purpose of the Parks/Lighting Services special tax is to provide for the ongoing operations, maintenance, and servicing of the City's public park and recreation facilities, recreational and human services programs, median landscaping, arterial street lights and traffic signals. The Parks/Street Lighting Services special tax is levied in the same manner, at the same time as the TCSD Rates and Charges, and collected on the annual property tax bills for Fiscal Year 2001-2002. The maximum annual tax has been established at $74.44 per single-family residential dwelling unit; $55.84 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non- residential improved property, $148.88 per acre of golf course property, and $37.22 per acre for agricultural uses. For Fiscal Year 2001-2002, the total operating budget for parks, recreation, medians, and arterial street lighting services is $6,026,930. The total possible revenue received atthe current rate from r R:\smithb'~Assessments\01-02 Staff Spec Tax Council.doc June 12, 2001 all taxable parcels within the City for Fiscal Year 2000-2001 is $2,626,184. The difference in operating costs over levy revenue is offset by fund balance transfers, recreational revenues and user fees, and REST Program contributions. Pursuant to City Ordinance 96-21, the City Council is also empowered to establish the amount of the tax levy each fiscal year, approved by the voters, not to exceed the maximum tax rates identified above. As a result, it is recommended that the amounts to be levied as a special tax for Fiscal Year 2000-2001, be less than the maximum amounts established by City Ordinance No. 96-21, in the following manner: $ 63.44 per single family residential dwelling unit $ 47.58 per multi-family residential dwelling unit $126.88 per acre of vacant property in a residential zone $ 253.76 per acre of vacant property in a non-residential zone $ 380.64 per acre of non-residential improved property $126.88 per acre of golf course property $ 31.72 per acre of agricultural property In keeping with the City Council's continued practice of trying to reduce fees to our property owners whenever possible, and even though it is allowable for the City Council to approve this year's Special Tax at the maximum rate, the above recommended Special Tax is a $11.00 per equivalent dwelling unit (EDU) savings from the maximum rate of $74.44 per EDU. In addition, this is the seventh consecutive year that the Revenue Excess Sharing in Temecula (REST) program has contributed to the overall reduction in the rates for parks, recreation, and street lighting services. FISCAL IMPACT: The Special Tax levy at the proposed rates will generate $2,626,184. The remaining funds necessary to complete the Parks/Lighting Services budget wilt be derived from fund balance, recreation revenue, user fees, and general fund contributions. ATTACHMENTS: 1. Resolution to Levy Special Tax. rR:\smithb~Assessments\01-02 Staff Spec Tax Council.doc June 12, 2001 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2001-2002 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Pursuant to the authority of Article XI, Section 7 of the California Constitution, Government Code Section 37100.5, and other applicable law, the City Council adopted, and the voters of the City of Temecula approved, Ordinance No. 96-21, levying and assessing a special tax on each parcel of property in the City of Temecula for each fiscal year, commencing with fiscal year 1997-98. Section 2. The maximum amount of said special tax for each fisoal year as established by Ordinance No. 96-21 is $74.44 per single-family residential dwelling unit, $55.83 per multi-family residential dwelling unit, $148.88 per acre of vacant property in a residential zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non- residential improved property, $148.88 per acre of golf course property, and $37.22 per acre for agricultural uses. Section 3. Pursuant to Ordinance No. 96-21 the City Council is empowered to establish the amounts of the special tax levy annually each fiscal year, in amounts not to exceed the maximum amounts specified in Section 2 of this Resolution, as is required to provide an adequate level of service in accordance with the purposes set forth in the Ordinance. Section 4. The City Council hereby determines that the following amounts are required to provide an adequate level of service in accordance with the purposes set forth in Ordinance No. 96-21, and hereby establishes the following amounts to be levied as a special tax for fiscal year 2000-2001, which amounts are less than the maximum amounts established by Ordinance No. 96-21 and approved by voters: $ 63.44 $ 47.58 $126.88 $253.76 $380.64 $126.88 $ 31.72 :er single-family residential dwelling unit )er multi-family residential dwelling unit ~er acre of vacant property in a residential zone ~er acre of vacant property in a non-residential zone 3er acre of non-residential improved property 3er acre of golf course property 0er acre of agricultural property Section 5. The special tax shall be collected in the same manner, on the same dates, and shall be subject to the same penalties and interest as other charges and taxes fixed and collected by the County of Riverside on behalf of the City of Temecula. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of Temecula by the persons who own the parcel on the date the tax is due. All laws applicable to the levy, collection, R:~smithb~Assessments\01-02 Reso for Special Tax.doc 06/12/01 and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to the special tax, except for California Revenue and Taxation Code Section 4831. Section 6. The revenue raised by the special tax shall be placed in a special fund to be used only for the purposes of financing recreational and human services programs, and the operation, maintenance, and servicing of public parks and recreational facilities, median landscaping, arterial street lights and traffic signals throughout the City of Temecula and administrative expenses incurred by the City in connection therewith. Section 7. The special tax shall not be imposed upon a federal or state governmental agency or another local governmental agency or upon any parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any provision of the Constitution or any paramount law. Section 8. The City Clerk is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 9, 2001, the property tax roll with the special tax enumerated for each parcel not exempt therefrom; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of such special tax as shown on that roll and to perform any and all duties necessary therefor. Section 9. If a property owner subject to the special tax challenges or questions the levy of the special tax against such property owner's property, such property owner must appeal the levy by filing an appeal with the City Clerk before 5:00 p.m. on December 1,2001, pursuant to procedures established by the City. Section 10. If a property owner subject to the special tax believes that payment of the special tax for fiscal year 2001-2002 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the City Clerk before 5:00 p.m. on December 1,2001, pursuant to procedures established by the City, in order to be considered under the hardship appeal program. Section 11. If any provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this Resolution are declared to be severable. The City Council does hereby declare that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions hereof are declared invalid or unconstitutional. Section 12. The City Clerk shall certify to the adoption of this Resolution. -2- PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 12th day of June, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution No. 2001- was duly adopted by the City Council of the City of Temecula at the regular meeting thereof, held on the 12th day of June, 2001, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS COUNCIL MEMBERS COUNCILMEMBERS COUNCIL MEMBERS -3- ITEM 9 Ap p ROV/~ i[~'""- CITY ATTORNEY Jr DIRECTOR OF FINANCE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council Herman D. Parker, Director of Community Services ,1~, June 12, 2001 Resolution Adopting FY 2001/2002 Solid Waste Rates PREPARED BY: RECOMMENDATION: Barbara Smith, Management Analyst That the City Council adopt a Resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 2001-2002 DISCUSSION: Pursuant to the existing solid waste franchise agreement with C R & R Incorporated the rates charged for refuse and recycling services in the City of Temecula are subject to annual review and modification. The franchise agreement provides for adjustments based upon changes in the Consumer Price Index (CPI) and Riverside County landfill tipping fees. The CPI increase as reported by the U.S. Department of Labor Bureau of Labor Statistics is 3.3%. The County of Riverside Waste Resources Management District has determined that there will be no tipping fee increase in FY 2001-2002 at county landfills. Pursuant to Amendment No. 3 dated July 25, 2000, the solid waste single family residential annual rate for fiscal year 2001/2002 will remain at $172.56. The solid waste commercial rates for fiscal year 2001/2002 reflect the 3.3% CPI increase and no change in the tipping fee. The TCSD Board of Directors reviewed the single family residential refuse and recycling collection rate on June, 12 2001 as a part of the proposed TCSD Rates and Charges for FY 2001/2002. R:~smithb\Trash~001-02 Rates-Council,doc June 12, 2001 The attached Exhibit "D" reflects the new rates for solid waste collection for all collection services to become effective July 1,2001. FISCAL IMPACT: No additional costs will be borne by the City of Temecula since these services are paid for directly by the customers receiving the services. Attachments: Resolution Exhibit "D" U.S. Department of Labor, Consumer Price Index R:\smithb\Trash~001-02 Rates-Council.doc June 12, 2001 RESOLUTION NO. 2001__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SOLID WASTE RATES FOR FISCAL YEAR 2001- 2002. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does find, determine and declare that: a. The City of Temecula (the "City") and CR & R Incorporated ( the "Grantee") entered into an exclusive franchise agreement on May 28, 1991 for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services in the City. b. The franchise agreement provides for periodic rate adjustments based on certain predefined criteria, specifically annual Consumer Price Index ("CPi") adjustments and landfill tipping fee adjustments. c. The franchise agreement further provides a formula to calculate the fee adjustments to be made to the agreement on an annual basis. d. The CPI adjustment is 3.3% for fiscal year 2001-2002. e. There is no tipping fee adjustment for fiscal year 2001-2002. f. The franchise agreement provides that the solid waste fee adjustments are to be adopted by the City Council by Resolution. Section 2. That the City of Temecula approves the solid waste fee adjustments as shown in Exhibit "D" for fiscal year 2001-2002. Section 3. The City Clerk shall certify to the passage and adoption of the Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 12th day of June 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) SS I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001 - was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of June, 2001 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: R :~smithb\Tr ashL2001-02 Rates Reso.doc CITY of TEMECULA Exhibit "D" Schedule of Rates (effective July 1, 2001) Mechanized single family detached residential collection, recycling, composting, transfer, and disposal grantee billing Monthly Rate: $ 14.38 Mechanized single family detached residential collection, recycling, composting, transfer, and disposal parcel charge Monthly Rate: $ 14.38 Mechanized single family detached residential additional refuse, composting, and recycling container - grantee billing Monthly Rate: $ 5.71 Single family detached residential additional bulky item pick up - grantee billing Pick Up Rate: $ 6.90 Commercial. industrial, and multi-family residential refuse monthly bin rates ~ one 2 cubic yard bin) with the following pick ups per week: 1 x week $ 67.44 2 x week $134.88 3 x week $ 202.32 4 x week $ 269.76 5 x week $ 337.20 6 x week $ 404.64 7 x week $ 472.08 Compacted 2 Cubic Yard monthly rate: 2.5 x monthly rate Commercial, industrial, and multi-family residential refuse monthly bin rates (one 3 cubic yard bin ) with the following pick ups per week: 1 x week $ 77.99 2 x week $155.98 3 x week $ 233.97 4 x week $ 311.96 5 x week $ 389.95 6 x week $ 467.94 7 x week $ 545.93 Compacted 3 Cubic Yard monthly: 2.5 x monthly rate Commercial, industrial, and multi-family residential recycling monthly bin rates ( one 3 cubic yard bin ) with the following pick ups per week: 1 x week $ 35.40 2 x week $ 70.80 3 x week $106.20 4 x week $141.60 5 x week $177.00 6 x week $ 212.40 7 x week $ 247.80 Commercial, industrial, and multi-family residential refuse monthly bin rates ( one 4 cubic yard bin ) with the following pick ups per week: 1 xweek $ 88.57 2 x week $177.14 3 x week $ 265.71 4 x week $ 354.28 5 x week $ 442.85 6 x week $531.42 7 x week $ 619.99 Compacted 4 Cubic Yard monthly rate: 2.5 x monthly rate Commercial, industrial, and multi-family residential recycling monthly bin rates ( one 4 cubic yard bin ) with the following pick ups per week: 1 x week $' 46.88 2 x week $ 93.76 3 x week $140.64 4 x week $187.52 5 x week $ 234.40 6 x week $ 281.28 7 x week $ 328.16 10. Temporary 3 cubic yard bin rate: 11. Extra 3 cubic yard pick up: 12. Redeliver and reinstatement rate: 13. Roll-off disposal rate: 14. Roll-off recycling rate: 15. Roll-off compactor rate: 16. Roll-off recycling compactor rate: 17. "Hard to service" vehicle usage rate: 18. "Hard to service" bin moving rate: 19. Special bin lids (locking/CBL) rate: 20. Deodorizing / replacing bin rate: $ 68.23 $ 35.38 $ 29.34 $159.38 + landfill/recycle fee $159.38 minus market value $ 221.92 + landfill/recycle fee $ 221.92 minus market value no charge no charge no charge no charge BUREAU OF LABOR STATISTICS (415) 975-4567 05-11-01 04:40p Page 02 ITEM 10 APPROVAL ~7///, ~ c,'rYA rORNE¥ DIRECTOR OF ~I~A~ ~ CI~ MANAGER (~() CI~ OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council ~ ~ Jim O'Grady, Assistant City Manag~ June 12, 2001 Cost-Sharing Agreement with County of Riverside for Date/Cherry "Flyover" Property Acquisition RECOMMENDATION: Approve an agreement with Riverside County to share the costs of acquiring right-of-way for the Date/Cherry "Flyover" project. BACKGROUND: Traffic studies by Riverside County as part of the CETAP transportation planning process have demonstrated the need for an additional road to relieve traffic on Winchester Road from approximately Murrieta Hot Springs Road to Jefferson Ave. This general alignment is consistent with General Plans of Temecula and Murrieta, and the County is supportive of this project. The CETAP planning process has further indicated that a high- capacity a "flyover" type of interchange at the junction of Date/Cherry with Winchester is needed at this location to adequately handle the projected traffic. Such a design is also needed to divert sufficient trips on to Date/Cherry so as to offer significant relief to Winchester. Furthermore, these studies have indicated a need for such a project, even if the County does not further up- zone properties to the north and east of Temecula. City and County officials have also indicated a willingness to share the costs of acquisition of right-of-way necessary for the "flyover" at Winchester Road and Murrieta Hot Springs Road. Attached is an agreement that would formalize this understanding. Key points of this agreement include: · The City and County would equally share the costs of acquisition of this property. The agreement provides for a maximum share of $3.1 million for each agency. · The City would take the lead in this acquisition. The County would authorize the City to use eminent domain, if needed. The City would prepare an alignment study to further define the project alignment - particularly westerly of the "flyover" project where additional development may be imminent in Riverside County. The County would require dedication of right-of-way for the Date/Cherry project based on the results of the alignment study. The County would use its best efforts to provide reimbursement to the City and County through TUMF, Development Impact Fees, Assessment Districts, or other mechanisms for this project. Consideration of this agreement is scheduled by the Riverside County Board of Supervisors for June 19, 2001, contingent upon approval by the Temecula City Council. RECOMMENDATION: Staff recommends approval of the attached agreement. FISCAL IMPACT: Approval of this agreement would result in a net expenditure of $3.1 million for right-of-way acquisition. In addition, the City will incur a future expenditure of approximately $100,000 for a roadway alignment study. Consideration of the alignment study will be scheduled at a future Council meeting. Funds for these expenditures are available in the Capital Reserves of the Capital Improvement Fund. ATTACHMENT: Proposed Agreement. JOINT PROJECT FUNDING AGREEMENT BETWEEN CITY OF TEMECULA AND COUNTY OF RIVERSIDE (MURRIETA HOT SPRINGS ROAD / WINCHESTER ROAD) This Agreement is made and entered into this 12th day of June, 2001 by and between the County of Riverside, a political subdivision of the State of California (hereinafter referred to as the "County") and the City of Temecula, a municipal corporation and public agency existing under the laws of the State of California (hereinafter referred to as the "City"). RECITALS WHEREAS, the City and County have been exploring ways to accommodate the traffic on Winchester Road through the City of Temecula; WHEREAS, the City has identified on the Circulation Element of its General Plan a bypass road from the intersection of Murrieta Hot Springs Road and Winchester Road (SR 79N) to the 1-15 Freeway as an important traffic improvement for the City; WHEREAS, CALTRANS is preparing a Project Study Report for an intemhange on the i-15 Freeway between Winchester Road and the 1-215 Freeway which would reduce traffic on Winchester Road within the City of Temecula; WHEREAS; for the purposes of design and alignment study, the bypass mad is divided into two segments the Western Segment and the Eastern Segment, which are each described on Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full; WHEREAS, through the County's CETAP process, a preliminary design has been developed for the Eastern Segment which will include a "flyover" design for the intersection of Murrieta Hot Springs Road and Winchester Road (SR 79N) as part of the bypass road; WHEREAS, it is necessary for the County and the City to begin preparations for the improvements within the County and City which will facilitate the bypass road to serve an interchange on the 1-15 Freeway between Winchester Road and the 1-215 Freeway; NOW, THEREFORE, THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA DO HEREBY AGREE AS FOLLOWS: AGREEMENT 1. Recitals. The above recitals are true and correct. AliRnment Study. Preliminary design studies conducted by the County through the CETAP process for the Eastern Segment have identified the need for the "flyover" design for that portion of the bypass road at Murrieta Hot Springs Road and Winchester Road (SR 79N) as well as the necessary right of way for the flyover. The parties agree that a more definitive alignment study of the bypass road is needed for Western Segment and that design of the flyover should continue. City shall be responsible for the preparation of an alignment study for the Western Segment of the bypass road and continued design of the flyover within the Eastern Segment, which work shall be conducted by a qualified engineering firm. City shall pay the costs of such study, the cost of which is estimated at one hundred thousand dollars ($100,000.00). Property Acquisition. The studies of the Eastern Segment completed thus far identify certain properties, which will be required for the bypass read and flyover regardless of the results of the remaining design studies for the flyover and design alternatives for the Western Segment of the project. The interests in real property identified for the Eastern Sector improvements are identified on Exhibit B ("Eastern Segment Properties"). The City Manager of the City and the Chief Administrative Officer of the County are authorized to amend this Agreement to further define or modify the description of needed Properties in the Eastern Segment Properties, Exhibit "B", as the further design studies may require. County and City each acknowledge the legal requirements imposed on public agencies for the acquisition of interests in real property and, in accordance with those restrictions, agree as follows: City shall be the lead agency responsible for the process for acquiring the Eastern Segment Properties. City shall be responsible for negotiating the purchases of the property interests on behalf of the County and City. City shall comply with all legal requirements for the acquisition of interests in real property by a public agency. City shall keep the County full informed of the progress of the negotiations and consult with the County during the course of the negotiations. In the event that the City needs to advance funds for such acquisition, County will reimburse City as provided further in this section. County and City shall share equally in the costs of acquiring the Eastern Segment Properties, provided that the share of each entity shall not exceed three million one hundred thousand dollars ($3,100,000.00), unless an amendment to this Agreement is approved by both parties. Such costs shall include, but not be limited to, appraisals, consultants, legal fees, purchase price, and relocation benefits, but shall not include staff time. C. County shall pay its share of the costs described in subparagraph "A." of this section, within twenty (20) days of a written demand from the City for payment for such a cost. D. The Eastern Segment Properties acquired through this Agreement shall be held in the name of the County and City which each entitiy owning a one half interest in the property acquired. County and City shall jointly sign the purchase and sale agreements for such property interests. Reimbursement of Costs from Development. In accordance with the legal restrictions governing the imposition of development obligations, County agrees to use its best efforts to obtain reimbursement for the costs of design and property interest acquisition for the bypass road and all such costs incurred by the parties pursuant to this Agreement through legally available means from properties identified in studies as ones expected to utilize the bypass. Such legally available means include, but are not limited to, transportation uniform mitigation fees, assessment district, bridge and thoroughfare district, development impact fees, or similar financing mechanisms. County and City shall each work cooperatively to pursue any state or federal grants for funding of the bypass. Eminent Domain. In accordance with all applicable legal requirements governing the purchase of real property by governmental agencies of the State, the County and City will use their best efforts to acquire the Eastern Segment Properties by negotiated purchase. County hereby consents and authorizes City to exercise the power of eminent domain within the unincorporated County territory on behalf of the County and City for the purposes of acquiring the Eastern Segment Properties, if necessary. Future Riqht of Way. Upon the approval of the alignment study for the Western Segment, and for the Eastern Properties, County agrees to seek dedication of the necessary right of way for the bypass road when it considers development of properties along the Western Segment and the Eastern Segment. County shall enact any General Plan or other development regulation changes necessary to facilitate such dedication. Indemnification. Neither County nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, City shall fully indemnify and hold County harmless from any liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of any done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. Neither City nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by County under or in connection with any work, authority or jurisdiction delegated to County under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, County shall fully indemnify and hold City harmless from any liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of any done or omitted to be done by County under or in connection with any work, authority or jurisdiction delegated to County under this Agreement. 10. 11. IIII IIII Disputes. Any disputes, which may arise between the County and the City during the operation of this Agreement, shall be resolved without impact on the schedule or timing of payments or the processing of demands for payment. 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. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document with United States Mail as provided above. To County: County of Riverside 4080 Lemon Street, 12th Floor Riverside, Ca. 92502 Attention: Chief Executive Officer To City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: City Manager Effective Date. This Agreement shall become effective upon acceptance by the Board of Supervisors of the County and the City Council of the City and by execution by the respective authorized representatives of each. General. This Agreement contains the entire agreement between the parties with respect to the matters herein provided for, and may only be amended by a subsequent written agreement executed by the parties. This Agreement may be executed in counterparts, each of which shall be deemed originals, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first written above. COUNTY OF RIVERSIDE By: James A. Venable Chairman of the Board of Supervisors Date: ATTEST: GERALD A. MALONEY, CLERK OF THE BOARD OF SUPERVISORS By: Name: Title: APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN By: Name: Title: CITY OF TEMECULA Jeff Comerchero Mayor ATTEST: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney EXHIBIT A WESTERN SEGMENT AND EASTERN SEGMENT AREAS Map showing Western Segment: Alignment westerly of Murrieta Hot Springs Road And Eastern Segment: Alignment easterly of Murrieta Hot Springs Road EXHIBIT B EASTERN SEGMENT PROPERTIES Assessor Parcel Numbers: 956-270-015 956-270-016 956-270-019 ITEM 11 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT ~'iYb b~: nua:ne~/s~i~Y~l Dire ct~oirl of pla n n in g June 12, 2001 Roripaugh Specific Plan - Status Report APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER / PREPARED BY: Saied Naaseh RECOMMENDATION: Receive and File DISCUSSION: Staff and the applicant continue to work on various documents such as the EIR, Development Agreement, Plan of Services, and the Fiscal Impact Report for the project in an attempt to schedule the project for the August 1, 2001 Planning Commission hearing and the August 15, 2001 City Council hearing. Prior to these hearings, staff will schedule a Joint Planning Commission and City Council Workshop for July 17th. Staff intends to present as complete of a package as possible for this Workshop. However, the EIR review process has taken a lot longer than expected because of the issues surrounding the Traffic Study, changes to the project requested bythe applicant, and the insufficient time allocated in the schedule for staff to review the EIR and the EIR consultant to address staff's concerns. Therefore, the EIR has required six or seven partial-text screen checks instead of the usual three or four full-text screen checks. The Traffic Study remains one of the focal points of staff's review. The Traffic Study was submitted on May 20th as scheduled. It should be noted that the Traffic Study was originally scheduled to be submitted on May 9th; however, substantive changes to the study requested by staff (to make the Study more "realistic") delayed the submittal of the Traffic Study. Fortunately, the applicant's EIR consultant was successful in obtaining a verbal 30-day shortened review process for the EIR instead of the 45-day review from the State Office of Planning and Research (OPR). A written confirmation from OPR is expected but OPR has not committed to a specifc date. Since the Traffic Study was delayed, staff's review of the EIR's traffic section was delayed accordingly. Some of the off-site mitigation measures were introduced in the EIR for the first time on the May 29th draft of the Screen Check EIR. In reviewing these mitigation measures, staff had to request the applicant's Traffic Engineer on June 1st to re-examine some aspects of the Traffic Study. R:~S P\Roripaugh Ranch SP\new\CC status Report June 12.doc This requested information was submitted to staff on June 4th. Staff will be reviewing this information by June 5th and will be meeting with the applicant's EIR consultant on June 6th to provide them with staff's comments. Because of these difficulties, the Applicant's Consultant Team has missed resubmittal deadlines on several occasions. These delays and problems have meant that time originally envisioned to work on the Specific Plan and the Tentative Maps has been spent on the EIR instead. Staff continues to compress the end portion of the schedule as the project timeline shifts back. However, in the next few weeks there will be no more time to compress and still meet the hoped for Planning Commission and City Council hearing dates. Another issue which has just came to staffs attention is an inconsistency in the project phasing between the EIR and Traffic Study. To correct this issue, staff has directed the EIR consultant to revise the EIR phasing consistent with the Traffic Study phasing. This change may require preparation of subsequent Traffic Studies if the applicant wishes to change the phasing of the project such as accelerating the development of the apartments from Phase 2 to Phase 1. In addition, the two tentative maps for the project were submitted on May 22nd and 29th. Staff has not had a chance to review these maps yet. The applicant has asked that all these applications be scheduled for the August 1~ Planning Commission hearing. In addition, the applicant has requested staff to issue a mass grading permit immediately after the August 15th City Council, if the project is approved. Finally, Staff has met with the applicant a number of times on the Development Agreement. However, one of the major issues which needs to be negotiated between staff and the applicant is the extent of improvements that will be funded by the CFD. The applicant is over two weeks late in providing the City with a list of improvements to be funded by the CFD. As the negotiating progresses, staff will provide an update on the status of the Development Agreement. Staff will continue to work with the applicant to comply with the City Council's direction to bring this project forward to the August 15t~ City Council hearing and still meet the minimum legal requirements for an EIR and Specific Plan. FISCAL IMPACT: N/A R:~S P~Roripaugh Ranch SPMcw~CC status P.~poR Juil~ 12.doc 2 ITEM 12 APPROVAL CITY ATTORNEY DIRECTOR OFFINANCE._~ ClTY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Anthony Elmo, Chief Building Official~ June 12, 2001 Approval of Funds for Plan Review Services with Esgil Corporation RECOMMENDATION: That the City Council approve an expenditure in an amount not to exceed twenty five thousand ($25,000) dollars for Plan Check Services with Esgil Corporation. BACKGROUND: In July 2000, the City Council approved an expenditure of $75,000 for Plan Check Services with Esgil Corporation. Since that time, plan review activity increased resulting in a need to come back to Council in early April with a request for an additional expenditure in the amount of $50,000. Plan check activity has continued at an increased level. Additionally, Building and Safety has received plans for the expansion of Robinson's-May Department Store and staff is anticipating the possible submittal of the Macy's Department Store project to occur before the end of this fiscal year. The submittal of these projects was not anticipated during this fiscal. Therefore, adequate funds were not requested in the budget preparation for this work. FISCAL IMPACT: Adequate funds are currently available in Account No. 001-999-162-5248 "Consulting Services" for this purpose. ITEM 13 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER ~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance~ June 12,2001 Annual Adjustment of Development Impact Fees RECOMMENDATION: That the City Council adopt the following resolution: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2001-02 TO BE EFFECTIVE AUGUST 13, 2001 PURSUANT TO CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE AND RESOLUTION NOS. 97-94 AND 98-30 BACKGROUND: On May 27, 1997, the City Council adopted a schedule for residential and non- residential development impact fees ("DIF"). These fees were based on a study completed by David M. Griffith & Associates (DMG), which determined the total amount of DIF required to mitigate the impacts of development through Temecula's build out, and further broke down the fees into specific development categories. Using the DIF study as a basis, the Council adopted residential development fees at 100%, and non-residential fees at 36% of the total DIF recommended by DMG. In addition, the non-residential DIF were adopted with a caveat that the fees would be reviewed each year by the Council so that development trends could be considered prior to applying an additional escalation factor of 10%. This additional 10% per year escalation was based on the Council's having adopted the non- residential fees at 36% of the fees recommended by DMG. On December 8, 1998, the City Council adopted the first annual adjustment of 10% to the non-residential fees. , Staff discussed the proposed annual 10% increase with the Economic Developm&nt Subcommittee members Jeff Comerchero and Ron Roberts. Based on the number of permits issued over the past six years, development in Temecula has continued to increase, even with the adopted DIF. Therefore, the committee members concurred with the proposed increase since development appears to have remained constant. R:ICARAVELLI DENiSE~AGENDAStOIAGENDA~DIFADJUSTO1.DOC CITY OF TEMECULA DEVELOPMENT IMPACT FEES CALCULATED WITH BCl FEE INCREASE 8/13/2001 COMPONENT Street System Improvements Traffic Signals and Traffic Control Systems Corporate Facilities Fire Protection Facilities CURRENT PROPOSED B.C.I TYPE OF LAND USE FEES FEES INCREASE (10% Increase) (2.2%) Residential Attached 535.91 535.91 547.70 Residential Detached 764.53 764.53 781.35 Office 0.938 1.055 1.078 Retail Commercial 2.895 3.257 3.329 Service Commercial 1.448 1.629 1.665 Business Parldlndustrial 0.686 0.772 0.789 Residential Attached 80.75 80.75 82.53 Residential Detached 114.31 114.31 116.82 Office 0.143 0.161 0.165 Retail Commercial 0.441 0.496 0.507 Service Commercial 0.220 0.248 0.253 Business Pa rkJlndustrial 0.105 0.118 0.121 Residential Attached 123.75 123.75 126.47 Residential Detached 232.82 232.82 237.94 Office 0.049 0.055 0.056 Retail Commercial 0.121 0.136 0.139 Service Commercial 0.067 0.075 0.077 Business Park/Industrial 0.041 0.046 0.047 Residential Attached 44.05 44,05 45.02 Residential Detached 57.68 57.68 58.95 Office 0.128 0.144 0.147 Retail Commercial 0.023 0.026 0.027 Service Commercial 0.018 0.020 0.020 Business ParkJlndustrial 0.016 0,018 0.018 Park and Recreation Residential Attached 1,267.94 1,267.94 Improvements Residential Detached 1,689.54 1,689.54 Office Retail Commercial Service Commercial Business ParkJlndustrial 1,295.83 1,726.71 Libraries Residential Attached 163.61 163.61 Residential Detached 218.14 218.14 Office Retail Commercial Service Commercial Business Park/Industrial TOTAL DEVELOPMENT Residential Attached 2,216.01 2,216.01 IMPACT FEE PER Residential Detached 3,077.03 3,077.03 UNIT Office 1.258 1.415 Retail Commercial 3.480 3.915 Service Commercial 1.753 1.972 Business ParkJlndustdal 0.848 0.954 NOTE: Fees for residential development are calculated per dwelling unit. Fees for non-residential development are calculated per square foot of gross building area. 167.21 222.94 2,264.76 3,144.71 1.446 4.001 2.015 0.975 brownp/dif/dif01-02/DIF Staff Report Attachment Schedules 11:46 AM 06/04/2001 AT'I~ACHMEN~ "A" CITY OF TEMECULA DEVELOPMENT IMPACT FEES PROJECTED REVENUE COMPARISON WITH DIF FEE INCREASE WITHOUT FEE INCREASE OVER FIVE YEARS I FY01/02 FY02/03 FY03/04 FY04/05 FY05/06 I TOTAL Residential 1,829,383 1,806,046 1,389,814 1,773,275 1,773,275 8,571,793 Office 31,450 51,700 103,400 155,100 206,800 548,450 Retail Comm 708,000 704,000 174,000 348,000 174,000 2,108,000 Service Comm 175,300 87,650 175,300 350,600 350,600 1,139,450 Bus Park/Ink 113,067 169,600 226,133 169,600 226,133 904,533 Less: DIF reduction agreement (300,000) (300,000) (100,000) (100,000) (100,000) (900,000) TOTAL DIF 2,557,200 2,518,996 1,968,647 2,696,575 2,630,808 12,372,226 WITH FEE INCREASE OVER FIVE YEARS I FY01/02 FY02/03 FY03/04 FY04/05 FY05/06 I TOTAL I Residential 1,829,383 1,806,046 1,389,814 1,773,275 1,773,275 8,571,793 Office 35,381 58,163 116,325 174,488 232,650 617,007 Retail Comm 796,500 792,000 195,750 391,500 195,750 2,371,500 Service Comm 197,213 98,606 197,213 394,425 394,425 1,281,882 Bus Park/Ink 127,200 190,800 254,400 190,800 254,400 1,017,600 Less: DIF reduction agreement (300,000) (300,000) (100,000) (100,000) (100,000) (900,000) TOTAL DIF 2,685,677 2,645,615 2,053,502 2,824,488 2,750,500 12,959,782 TOTAL INCREASE FY01/02 FY02/03 FY03/04 FY04/05 FY05/06 I TOTAL 128,477 126,619 84,855 127,914 119,692 587,556 brownpldifldifOl-O21DIF REVENUE2 .! ATTACHMENT "B~ 06/06/2001 2:24 PM A development summary by square footage is as follows: Commercial Development Fiscal Year 94-95 95-96 96-97 97-98 98-99 99-00 00-01' Total Square Footage 63,204 84,393 274,762 1,198,250 732,797 2,673,481 538,989 5,565,876 Industrial Development Fiscal Year Square Footage 94-95 416,814 95-96 178,619 96-97 427,826 97-98 867,137 98-99 526,838 99-00 937,802 00-01' 554,798 Total 3,909,834 *Projected through June 30, 2001 Since development appears not to have been negatively affected by the adoption of DIF, Staff recommends that the 10% increase pursuant to Resolutions 97-94 and 98-30 continue for non- residential DIF. FISCAL IMPACT: If the fees are set applying the 10% escalation factor to non-residential development, then the City will have a projected total DIF revenue increase of $128,477 in fiscal year 2001-02 (see Attachment B). Attachments: A. DIF Calculated with DIF Fee Increase B. DIF Revenue Comparison with DIF Fee increase C. Resolution No. 2001 __ RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE ADJUSTMENT OF DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2001-02 TO BE EFFECTIVE AUGUST 13, 2001 PURSUANT TOO CHAPTER 15.06 OF THE TEMECULA MUNICIPAL CODE AND RESOLUTION NOS. 97-94 AND 98-30 NOW BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. TheCityCounciloftheCityofTemeculadoes herebyfind, determine and declare as follows: A. On May 27, 1997, the City Council adopted Ordinance No. 97-09 establishing Chapter 15.06 of the Temecula Municipal Code, Public Facilities Development Impact Fee ("DIF"), which was modified by Ordinance No. 97-14 on August 26, 1997, and was further modified by Ordinance No. 98-05 on April 14, 1998. B. On May 27, 1997, the City Council adopted Resolution No. 97-45 which established the Development Impact Fees. This Resolution was restated and modified by Resolution 97-94 on August 12, 1997, and was further modified by Resolution No. 98-30 on April 14, 1998. C. The City Council adopted residential DIF as recommended in a Development Impact Fee Study conducted by David M. Griffith and Associates ("DMG"), and adopted non-residential DIF at 36% of the amount recommended by DMG. D. Resolution 98-30 provides for an automatic annual adjustment of both residential and non- residential DIF based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index ("BCI") for the Los Angeles Metropolitan Area BCI for the twelve month period prior to May I of the year in which the change will be effective. E. Exhibit B to Resolution 98-30 contains projected fees for seven (7) years with no escalation applied to residential DIF and an escalation of 10% per year applied to non-residential DIF. F. Non-residential development in Temecuta has not declined since DIF were adopted in May of 1997and subsequently adjusted by 10% in December of 1998 and May of 2000. Section 2. ExhibitAto Resolution 97-94 is hereby amended by Exhibit A to this Resolution. This amended Exhibit A sets forth the levels of development impact fees for the city of Temecula to collect for residential and non-residential development effective August 13, 2001, pursuant to the schedule of adjustments established in Resolutions 97-94 and 98-30. R:ICARA VELLI DENISEb4GEND~SIOIAGENDA IDIFADJUSTOI.DOC 6/6/01 PASSED, APPROVED and ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 12th day of June, 2001. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:ICARA VELLI DENiSE~4GENDAStOIAGENDA[DIFADJUSTOI.DOC 6/6/01 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001- __ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of June 12, 2001, by the following vote: AYES: COUNClLMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNClLMEMBERS: Susan W. Jones, CMC City Clerk R:[CARA VELU DENISEb4GENDASIOIAGENDAIDIFADJUSTO1.DOC 6/6/01 CITY OF TEMECULA DEVELOPMENT IMPACT FEES CALCULATED WITH BCI FEE INCREASE 8/13/2001 COMPONENT Street System Improvements Traffic Signals and Traffic Control Systems Corporate Facilities Fire Protection Facilities CURRENT PROPOSED B.C.I TYPE OF LAND USE FEES FEES INCREASE (10% Increase) (2.2%) Residential Attached 535.91 535.91 547.70 Residential Detached 764.53 764.53 781.35 Office 0.938 1.055 1.078 Retail Commercial 2.895 3.257 3.329 Service Commercial 1.448 1.629 1.665 Business ParkJlndustrial 0.686 0.772 0.789 Residential Attached 80.75 80.75 82.53 Residential Detached 114.31 114.31 116.82 Office 0.143 0,161 0.165 Retail Commercial 0.441 0.496 0.507 Service Commercial 0.220 0,248 0.253 Business Parldlndustrial 0.105 0.118 0.121 Residential Attached 123.75 123.75 126.47 Residential Detached 232.82 232.82 237.94 Office 0.049 0.055 0.056 Retail Commercial 0.121 0.136 0.139 Service Commercial 0,067 0.075 0~077 Business Park/Industrial 0.041 0,046 0.047 Residential Attached 44.05 44.05 45.02 Residential Detached 57.68 57.68 58.95 Office 0.128 0.144 0.147 Retail Commercial 0.023 0,026 0.027 Service Commercial 0.018 0.020 0,020 Business Park/Industrial 0.016 0,018 0.018 Park and Recreation Residential Attached 1,267.94 1,267.94 Improvements Residential Detached 1,689.54 1,689.54 Office Retail Commercial Service Commercial Business Parldlndustrial Libraries Residential Attached 163.61 163.61 Residential Detached 218.14 218.14 Office Retail Commercial Service Commercial Business Park/Industrial TOTAL DEVELOPMENT Residential Attached 2,216.01 2,216.01 IMPACT FEE PER Residential Detached 3,077.03 3,077.03 UNIT Office 1.258 1.415 Retail Commercial 3.480 3.915 Service Commercial 1.753 1.972 Business Park/Indus~al 0.848 0.954 NOTE: Fees for residential development are calculated per dwelling unit. Fees for non-residential development are calculated per square foot of gross building area. 1,295.83 1,726.71 167.21 222.94 2,264.76 3,144.71 1.446 4.001 2.015 0,975 brownp/dif/dif01-02JDIF Staff Report Attachment Schedules ~-x- [BIT 'A'" 11:46 AM 06/04/2001 ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANiZE,~;~//~_~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council /~jDWilliam G. Hughes, Director of Public Works/City Engineer June 12, 2001 Approval of the Plans and Specifications and Authorization to Solicit Bids for the Starlight Ridge Southern Cross Road Sidewalk Project - Project No. PW00-22 PREPARED BY: Amer Attar, Senior Engineer Bruce Levy, Assistant Engineer RECOMMENDATION: That the City Council: Make a finding that the Starlight Ridge Southern Cross Road Sidewalk Project is categorically exempt from CEQA pursuant to Section 15301 (c) of the CEQA guidelines. Approve the Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for the Starlight Ridge Southern Cross Road Sidewalk Project No. PW00-22. BACKGROUND: The plans, specifications and contract documents for this project have been completed and are now ready to be advertised for construction bids. The project will include the installation of permanent sidewalks on the north side of Southern Cross Road between Rancho Vista Road and Margarita Road. This project will facilitate pedestrian safety and accessibility, especially for children and residents in the surrounding areas to walk to and from existing parks, schools and retail shops. The sidewalk will benefit pedestrian safety, encourage the use of alternate modes of transpodation, and complete missing links in existing sidewalk improvements. In addition to the City, local area residents and the Temecula Valley Unified School District (TVUSD) are in support of this project. The Engineer's estimate for this project is $58,680.00 FISCAL IMPACT: Starlight Ridge Southern Cross Road Sidewalk Project is a Capital Improvement Project and is funded by Development Impact Fees and SB 821 funds. ATTACHMENTS: None 1 R:~AGDRP'i52001~0612~PW00-22Bid. DOC ITEM 15 TO: FROM: DATE: SUBJECT: APPROVAl CITY ATTORNEY DIRECTOR OF F~NANCE~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer June 12, 2001 Parcel Map No. 29949, Located at the Easterly Terminus of Lolita Road, in an Urbanized Area of Los Ranchitos PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Reza James, Assistant Engineer RECOMMENDATION: That the City council approve: 1 ) Parcel Map 29949 in conformance with the conditions of approval; 2) Subdivision Monument agreement; 3) and accept the Performance Bond for Improvement as security for the Monument agreement. BACKGROUND: On March 8, 2001 the Director of Planning for the City of Temecula approved Tentative Parcel Map 29949 Subject to the conditions of approval. Parcel Map No. 29949 is a (1) pamel residential subdivision of 20 net acres. The Developer is required to pay $10,000 for each parcel to be used towards the establishment of an Assessment District and/or financing and improvement of Lolita Road and John Warner both to Jeramie Drive within 90 days of recordation of the parcel map. Developer has met all of the Conditions of Approval for recordation of the parcel map. The final map is in conformance with the approved tentative map. The approval of a final subdivision map, which substantially complies with the previously approved tentative map, is a mandatory ministerial act under the State law. ALTERNATIVES CONSIDERED No alternatives were considered FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Project Vicinity Map Parcel Map No. 29949 Development Fee check list Fees and securities report I R:~agdrpt~2001\0612\PM29949 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 29949 DATE: June 12, 2001 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Signal Improvement $ 20,000 $ Water $ $ Sewer $ $ TOTAL $ $ Monument $ $ 1,000 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ TBD $ TBD $ 54.00 $ 4.00 $ 750.00 $ 250.00 $ 1,105.00 $ o.oo 2 R:~agdrpfi2001\O612\PM29949 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PARCEL MAP 29949 The following fees were reviewed by Staffrelative to their applicability to this project. FEE CONDITIONS OF APPROVAL Development Impact Fee to be paid prior to issuance of certificate of occupancy Quimby Fee to be paid prior to issuance of building permit RCRCD(ADP) Fee to be paid prior to issuance of building permit 3 R:~agdrpt~2001 \0612\PM29949 8rtE VICINITY MAP N.T.$. ~ LOL/TA ROAD N69'O6'32"W (R) 517.30' ITEM 16 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council APPROVAL CITY ATTORNEY ~ DIRECTOR OF FINANCE.~.._ CITY MANAGER ---('~-~ Il William G. Hughes, Director of Public Works/City Engineer June 12, 2001 Parcel Map No. 30012, Located south east corner of North General Kearny Road and Margarita Road PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Gerald L. Alegria, Senior Engineer- Land Development RECOMMENDATION: That the City Council approve 1) Parcel Map No. 30012 in conformance with the Conditions of Approval 2) Subdivision Monument Agreement and accept the Monument Deposit as security for the agreement. BACKGROUND: Parcel Map No. 30012 is two (2) parcel subdivision located on the south east corner of North General Kearny Road and Margarita Road. The off-site street improvements are in place. On April 5, 2001, the Planning Commission for the City of Temecula approved Tentative Parcel Map No. 30012, with the appropriate condition of approvals. This final map is in conformance with the approved tentative map. The approval of a final subdivision map, which substantially complies with the previously approved tentative map is a mandatory ministerial act under State law. The following fees have been deferred for Parcel Map No. 30012: Development Impact Fee due prior to issuance ora building permit. FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. Development Fee Checklist Fees & Securities Report Project Vicinity Map Parcel Map No. 30012 I r:\agdrpt~001\0612\pm30012.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 30012 Staff reviewed the following fees relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Paid To be paid prior to issuance of a building permit 2 r:~agdrpt~001\0612\pm30012.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP NO. 30012 DATE: June 12, 2001 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY Street and Drainage $ 0 $ 0 Water $ 0 $ 0 Sewer $ 0 $ 0 TOTAL $ 0 $ 0 Monument $ 600 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0,00 $ Paid $ T.B.D. $ 56.00 $ 4.00 $ 790.00 $ 250.00 $ 1,100.00 $ o.oo r:~agdrpt~001\0612\pm30012.map ~ Bank of America Investment CD Receipt BANKING CENTER TEMECULA No. 723 DATE 5/9/01 CUSTOMER NAME **MARGARITA MEDICAL C0~0PMENT** INTEREST RATE 5.00 ANNUAL PERCENTAGE YIELD 5. $ AMOUNT FOR BONDING PURPOSES ONLY ACCOUNT TERM qO days PLE,~DGEDTO ,_,CIT~. O~ TEME/?~LA, CALZFOtLNIA MATURITY DATE 8/7/01 (/~t'__ ~__ ACCOUNT# ~77~? -- ~?B2q The written information we give you is part of your agreement with us and tells you the current terms of this account. This time deposit reinvests automatically for the same account term upon maturity or on the effective date of a deposit or withdrawal made during the grace period. (The grace period begins on the maturity date and is two business days for terms of 29 days or less; five calendar days for terms of 30 days through 89 days; seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on the date your funds are reinvested. For information about early withdrawal penalties, please see the deposit agreement, a personal time deposit is not transferable. R-162 4-99 NOT NEGOTIABLE ~'%_ReC~led BankofAmericaNT&SA{Namechangesto Bank of America N.A. after July 23, 1999) · Member FDiC CITY OF TEMECULA CERTIFICATE OF DEPOSIT AGREEMENT FOR IMPROVEMENTS WHEREAS, the City of Temecula, State of California, and ~--~ 'f) b,t/'/q-~ ]5) fl~l A/'LD ~'~,,.q'~S:'/~ (hereinafter designated as "PRINCIPAL") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated ~~., and identified as Project /~dtq~t~-/~.~[-f'A Al{ ~'D/C,,,~t-~.. .,D~O~'LoP~O~s hereby referred to and make a part hereof; and WHEREAS, Principal is required under the terms of the agreement to furnish CERTIFICATE OF DEPOSIT in the name of the CITY OF TEMECULA OF TEMECULA, CALIFORNIA, for the sum of S ~'oo. oo . NOW THEREFORE, it is agreed between the Principal and the CITY OF TEMECULA by and through its City Engineer, as follows: Concurrently with executing this Agreement, the Principal will provide a CERTIFICATE OF DEPOSIT in the name of the CITY OF TEMECULA, CALIFORNIA, for the sum of The condition of the CERTIFICATE OF DEPOSIT is such that the obligation shall become null and void of the above-bounded Principal, his or its heirs, executors, administrators, successors, or assign, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions of this Agreement. In the event the Principal fails to comply with the terms and conditions of the Agreement, the City may use the CERTIFICATE OF DEPOSIT to complete the work described in the agreement, and to make the premises described in the agreement safe to life and property to the-ga~Sfaction of the City Engineer. Further, the Principal will pay to the CITY OF TEMECULA, all costs a~d expenses incurred ~3~ th~ City not otherwise covered by the CERTIFICATE OF DEPOSIT. As a part of the obligation secured hereby and in addition to the face amount specified therefore there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. -1- R:\AGMTS\LDAG MTS\Cert of dep-irnprov The Principal hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect it obligation hereunder, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement. IN WITNESS WHEREOF, this instrument has been duly executed by the PRINCIPAL ON CITY OF TEMECULA By: By: William G. Hughes Director of Public Works/City Engineer (Title) APPROVED AS TO FORM: Peter Thorson CiO, Attorney (ATTACH NOTARY ACKNOWLEDGEMENTS) -2- R:\AGMTS\LDAGMTS\Cert of dep-improv CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT County of , On ~/I~]/0] before~./~{~, ' personally appeared ~.~)~ NAME(S} OF SIGNER(S) -personally known to me OR [] proved to me on the basis of sa.t~.factory evidence to be , the person(~'~' whose name(~ ~=~re subscribed to the _..in instrument and acknow~led to me that he/they executed the ~,~3e in ,.~er/their authorized ca~city(~, and that b,~er/their signature(~on the  instrument the p,er;,~on.(~, or the entity upon behalf of which the person[~jL.acted, executed the instrument. WI'r~SS my~'~h~d and official seal -'~ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED [] INDIVIDUAL DESCRIPTION OF ATFACHED DOCUMENT [] CORPORATE OFFICER TITLE(S} TITLE OR TYPE OF DOCUMENT [] LIMITED PARTNER(S) [] GENERAL PARTNER(S) [] A'I-I'OR N EY-I NIFACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR DATE OF DOCUMENT [] OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE CITY OF TEMECULA SUBDIVISION MONUMENT AGREEMENT DATE OF AGREEMENT: NAME OF SUBDWDER: E _I'D .t~,.q- ~ .l~ (referred to as "SUBDIVIDER") NAME OF SUBDIVISION:/V[/1~8:.4 ~.P'/"A (referred to as "SUBDIVISION") TRACT NO.: ~oo1~ TENTATIVE MAP RESOLUTION OF APPROVAL NO.: /-~.~o / - O lq (referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF IMPROVEMENTS: ESTIMATED TOTAL COST OF MONUMENTATION: s ~;oo.oo COMPLETION DATE: NAME OF SURETY AND BOND NO. FOR SUBDIVISION MONUMENT BOND: C.w ~'r-/~tCAv-W oF t~F'os~ T SUBDIVISION MONUMENT AGREEMENT Tiffs agreement is made and entered into by and between the City ofTemccula, Califomia, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SLrBDIVIDER. RECITALS SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this agreement as the "Subdivision Laws". A tentative map of the SUBDMSION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this agreement by reference. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (a) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws and the Resolution of Approval or, Co) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time specified by CITY. In consideration of approval of a final map for the SUBDMSION by the City Council, SUBDIVIDER desires to enter into this agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER'S own expanse, all monumentation required by CITY in connection with the proposed subdivision. SUBDIVIDER has secured this agreement by improvement security required by the Subdivision Laws and approved by the City Attomey. For the purpose of this agreement, the only improvements that remain to be completed for this unit is installation of the subdivision monumentation, and Aimprovements as used throughout this agreement implies said monumentation. An estimate of the cost of the Subdivision Monumentation, has been made and have been approved bythe City Engineer. The estimated amount is stated on Page 1 of this agreement. The basis for the estimate is attached as Exhibit "A" to this agreement. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDMSION, and has taken the fmal act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER'S failure to perform its obligations under this agreement, including, but not limited to, SUBDIVIDER'S obligation to complete installation of the Subdivision Monumentation by the time established in this agreement. CITY shall be entitled to all remedies available to it pursuant to this agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an-adequate remedy for default by the SUBDIVIDER_shall_be_within the sole discretion of CITY. SUBDIVISION MONUMENT AGREEMENT NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDMSION, SUBDIVIDER and CITY agree as follows; 1. SUBDIVIDER'S Obligations to Construct Improvements. SUBDIVIDER shall: Install all SUBDMSION monuments required by law within eighteen (18) months of the date of this agreement. Nothing in this Section 1 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. Security SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the mounts as follows: Good and sufficient security in the amount of 100% of the estimated cost of setting subdivision monuments as stated previously in this agreement. The securities required by this agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this agreement are incorporated into this agreement by this reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the monumentation by CITY inspector. Upon completion of the work the SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determine that the work has been completed in accordance with this agreement, then the City Engineer shall certify the completion of the monumentation to the City Council. SUBDIVIDER shall bear all costs of inspection and certification. Release of Securities. Subject to approval by the City Council of CITY, the securities required by this agreement shall be released as follows: Security given for installation of the Subdivision Monumentation shall be released upon the final completion and acceptance of the act or work. Iniurv to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facihties and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or public utility property damaged or destroyed by reason of any work done under this agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or.byany combination of such owners. Anyrepair or. replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. SUBDIVISION MONUMENT AGREEMENT Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 7. Default of SUBDIVIDER. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction of this agreement; SUBDIVIDER'S failure to timely complete installation of the monumentation. SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this agreement. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of installation of the improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the final map and specifications contained herein. In the event- of SUBDIVIDER'S default under this agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBD1VIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. e. Failure of SUBDIVIDER to comply with the terms of this agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection c is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. f. __In the ev~ent that S _Lr~_ DIVIDER fails to perform any obligation he[eunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees, 4 SUBDIVISION MONUMENT AGREEMENT 10. 11. 12. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this agreement. Iniury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the installed improvements. Until such time as all improvements required by this agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvement. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. Other A~reements. Nothing contained in this agreement shall preclude CITY fi.om expending monies pursuant to agreements concurrently or previously executed between the parties, or fi.om entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinance providing therefore, nor shall anything in this agreement commit CITY of any such apportionment. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by City Council upon recommendation of the City Engineer after final completion and inspection of all monumentation. The City Council shall act upon the Engineer's recommendation within thirty (30) days fi.om the date the City Engineer certifies that the work has been finally completed, as provided in Paragraph 3. Indemn!ty/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees fi.om any and all claims, demands, causes or action, liability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the installation or review of the improvements. Provisions of this paragraph shall remain in full fome and effect for ten years following the acceptance by the CITY of improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for installation and inspection of the improvements installed or work done pursuant to this agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any map or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph: Sale or Disposition of SUBDMSION. Sale or other disposition of this property will not relieve SUBDIVIDER fi.om the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDMSION to any other person, the SUBDIVIDER may request a novation of this agreement and a substitution of security. Upon SUBDIVISION MONUMENT AGREEMENT 14. 15. 16. 17. approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for thc work or improvement done by SUBDIVIDER. Time of the Essence. Time is of the essence of this agreement. Time for Completion of Work/Time Extensions. SUBDIVIDER shall complete construction of the improvements required by this agreement within eighteen (18) months of this agreement. In the event good cause exists as determined by the City Engineer, the time for completion of the improvements hereunder may be extended. The extension shall be made by whting executed by the City Engineer. Any such extension may be granted without notice to SUBDIVIDER's Surety and shall not affect the validity of this agreement or release the Surety or Sureties on any security given for this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting fi.om an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonable foreseen, or by storm or inclement weather which prevent the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for completion. As a condition of such extension, the City Engineer may require SUBDIVIDER to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. No Vesting of Rights. Performance by SUBDIVIDER of this agreement shall 'not be construed to vest SUBDIVIDER'S rights with respect to any change in any zoning or building law or ordinance. Notices. All notices required or provided for under this agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: William G. Hughes, Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: SUBDIVISION MONUMENT AGP~EMENT 18. 19. 20. 21. 22. Severability. The provisions of this agreement are severable. Ifanypordon of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. Captions. The captions of this agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this agreement. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. Incorporation of Recitals. The Recitals to this agreement are hereby incorporated into the terms of this agreement. Entire Agreement. This agreement constitutes the entire agreement of the parties with reSpect to the subject matter. All modifications, amendments, or waivers of the ~terms of this agreement must be in writing and signed by the appropriate representatives of the parties. In the case of the CITY, the appropriate party shall be the City Manager. SUBDIVISION MONUMENT AGREEMENT IN WITNESS WHEREOF, this agreement is executed by CITY, by and through its Mayor. SUBDIVIDER CITY OF TEMECULA By: Jeff Com~chero, Mayor By: Name: Title: (Proper Notarization of SUBDIVIDEWs signature is required and shall be attached) RECOMMENDED FOR APPROVAL: By: William G. Hughes, Director of Public Works/City Engineer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ~personally known to me OR [] proved to me on the basis of satj~,actory evidence to be the person(~,.)..whose name~ i~re subscribed to the /--witl~n instrument and acknow~:lg~ed to me that ~i~e~3~Lthey. executed the,sam~e in <~er/their authorized  capacity(t~), and that b~r/their signature~gon the instrument" the pe. rson~, or the entity upon behalf of .~_~ _C.5~_..~F~""'^ ~ ..~3[ch the~son~act~d, e/y~ecu~ the instrument. ~ ( WITNESS my~"~and and o~cial sea~ OPTIONA~,..~. Though the data below is not required by law, it may prove valuab~'~o persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED [] INDIVIDUAL [] CORPORATE OFFICER TITLE(SI [] LIMITED PARTNER(S) [] GENERAL PARTNER(S) [] A'I-rORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF A'I-rACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) SIGNER(S) OTHER THAN NAMED ABOVE VICINITY IVlAP NO SCALE SITE ITEM 17 APPROVAL CITY ATTORNEY DIRECTOR Of FINAN~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer June 12, 2001 Acceptance of a Declaration of Dedication of an Easement for Date Street Storm Drain PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Jerry Alegria, Senior Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DECLARATION OF DEDICATION OF STORM DRAIN EASEMENT ON THE SOUTH SIDE DATE STREET AT A POINT 697 FEET EAST OF MARGARITA ROAD BUT NOT ACCEPTING THIS EASEMENT INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME BACKGROUND: Lennar Homes of California, a California Corporation, has submitted a Declaration of an easement for storm drain and maintenance purposes along the South side of Date Street at a point 697.26 feet east of Margarita Road. The easement is granted to facilitate the construction of the Margarita Road Storm Drain, Santa Gertrudis Valley Assessment District 161 on the southerly half of Date Street by the developers of Tract 28184 (County of Riverside), located on the Nor/h side of Date Street. The easement will provide for the outlet of the Margarita Road Storm Drain being constructed in Date Street. Staff recommends that the City Council accept the easement, but not as part of the City Maintained-Street System until the work is satisfactorily completed and recommended for improvement acceptance and inclusion in the maintained system. FISCALIMPACT: None 1 R:\AGDRPT'~001\0612'~DateStreet Drain EsmtAccept.doc ATTACHMENTS: 1. Resolution No. 2001- , with Exhibit "A" and Exhibit "B" 2. Location Map 3. Grant of Easement (On File) 2 R:~AGDRP'I'~2001\0612\DateStreet Drain EsmtAccept.doc RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A DECLARATION OF DEDICATION OF STORPM DRAIN EASEMENT ON THE SOUTH SIDE DATE STREET AT A POINT 697 FEET EAST OF MARGARITA ROAD BUT NOT ACCEPTING THIS EASEMENT INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: A. County of Riverside Staff has established the requirement for the installation of the Margarita Road Storm Drain on the Southerly half of Date Street, located within the City of Temecula, as conditions of approval prior to recordation of Tract 28184; B. As part of the construction of the required improvements it is necessary for the developer, Lennar Homes of California, a California Corporation, to provide an easement, as submitted to be recorded as an Irrevocable Offer of Dedication of Grant of Easement, for drainage and maintenance purposes; C. The developer, Lennar Homes of California, a California Corporation, has submitted a Declaration of Dedication of an easement for drainage and maintenance purposes; D. Acceptance of this grant of easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the Declaration of Dedication of easement by Lennar Homes of California, a California Corporation, for drainage and maintenance purposes as attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the Declaration of Dedication of easement as attached hereto as Exhibit "A", but not into the City Maintained Street System at this time. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12t~ day of June, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) R:~AGD RPT~2001\0612\DateStreet DrainEsmtAccept.doc I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of June, 2001, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNOILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 4 R:~AGDRP'r~2001\0612~DateStreet DrainEsmtAccept.doc CONSENT TO RECORD (GOV. CODE 7050) NO FEE (GOV. CODE 6103) AFTER RECORDING RETURN TO: RIVERSIDE COUNTY FLOOD CONTROL 1995 MARKET STREET, RIVERSIDE, CA 92501 Project: Santa Gertrudis Valley Assessment District 161 Margarita Road Storm Drain Project No.: 7-0-179 Drawing No.: 7-154 DECLARATION OF DEDICATION LENNAR HOMES OF CALIFORNIA, a Califomia Corporation, Hereby Irrevocably Dedicates in Perpetuity to the City of Temecula, a municipal corporation, an easement for the construction, use, repair, reconstruction, inspection, operation and maintenance Margarita Road Storm Drain outlet and all appurtenant works, including ingress and egress thereto, over that certain real property situated in the County of Riverside, State of California, described in legal description attached hereto as Exhibit "A" and made a part hereof. / / Dated: ~J5._-:>J~c.) Lennar Homes of California, a California corporation Title: ~/ '- (Notary) Title: ........................................................................ (Notary) ~ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On 8/30/00 before me, ' personally appeared Tomi?,Banks SS. J~nice L. Zlaket [] personally known to me - OR - [] i~r~y~ tt xt:6xi~ x yo.~X ~l~gs~l ~ ~ ~xi~ Fan:g4 f~ o~id~s~exto be the person6s) whose name(a) is~z subscribed to the within instrument and acknowledged to me that he/flmlthzy~executed the same in his/kzvfXkzh' authorized capacity(i~), and that by his~aexb'~ix signatures~ on the instrument the personal or the entity upon behalf of which the person(~) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION ' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY cLAIMED BY SIGh'ER (PRINCIPAL) [] INDIVIDUAL [] CORPORATE OFFICER [] PARTNER(S) [] ATTORNEY-IN-FACT [] TRUSTEE(S) ~ GUARDIAN/CONSERVATOR .... [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT Declaration of Dedication TITLE OR TYPE OF DOCUMENT 3 NUMBER OF PAGES DATE OF DOCUMENT OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S} OR RIGHT THUMBPRINT OF SIGNER APA 5/99 VALLEY-SIERRA, 800-362-3369 EXHIBIT A EASEMENT LOT 161 BEING A PORTION OF LOT 161, OF THE MURRIETA PORTION OF THE TEMECULA LAND AND WATER COMPANY MAP ON FILE IN BOOK 8 OF MAPS, AT PAGE 359, RECORDS OF SAN DIEGO COUNTY, ALSO BEING A PORTION OF SEC. 23, TTS, R3W, PROJECTED, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 161; THENCE; SOUTH 41 °46'54" EAST, 46.00 FEET ALONG THE COMMON LINE OF SAID LOT 161 AND LOT 168 OF SAID MAP; THENCE~ LEAVING SAID COMMON LINE SOUTH 10° 44'01" WE~T, 111.55 FEET; THENCE; NORTH 79013'49'' WEST, 55.73 FEET; THENCE; NORTH 41° 46'54" WEST, 69.64 FEET, TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 161; THENCE; NORTH 48013'06" EAST, 122.40 FEET, ALONG SAID NORTHWESTERLY LINE, TO THE POINT OF BEGINNING. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. THE ABOVE DESCRIBED EASEMENT CONTAINS 0.23 ACRES, MORE OR LESS. H:~HOMl~l¢gals\Van Daele\OFFSITE SD & WL EASEMENTS TR 28184 LO.T 161 & 168 529015.doc G7.O~ MARGARITA RD. -- N42'50'35"W~ ~ EXHIBIT "B" Trans-Pacific Consulfants 27431 Enterprise Circle West, 'Temeculo, CA., 92590 CIVIL ENGINEERS LAND SURVEYORS, THIS PLAT IS SOLELY AN AID IN LOCAllNO THE PARCEL(S) DESCRIBED IN ~HE ATTACHED DOCUMENT. IT IS NOT PART OF I~IE WRITI~N DESCRIPTION I~EREIN, SHEET 1 OF 1 ~LANNERS W.O. # 529015 SCALE: 1"= 100 J C, ra~ ~¥ J.O.E. OATE2/IO/O0 EXHIBIT FOr 'DRAINAGE/EASEMENT J ITEM 18 APPROVAL ~ ~...~-~ CITY ATTORNEY ~ I DIRECTOR Of FINAN~ , . CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer June 12, 2001 Acceptance of Grant of Easement for Date Street Right-of-Way PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Jerry Alegria, Senior Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR PUBLIC STREET AND ROADWAY PURPOSES ON THE SOUTH SIDE DATE STREET BETWEEN MARGARITA ROAD AND A POINT 697 FEET EAST OF MARGARITA ROAD BUT NOT ACCEPTING THIS EASEMENT INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME BACKGROUND: Lennar Homes of California, a California Corporation, has submitted an Irrevocable Offer of Dedication of Grant of Easement and right-of-way for public street and roadway purposes along the South side of Date Street from Margarita Road to a point 697.26 feet east of Margarita Road. The easement is granted to facilitate the construction of a storm drain, utilities and a portion of the southerly half of Date Street by the developers of Tract 28184 (County of Riverside), located on the North side of Date Street. The easement will provide access to Tract 28184 and will be replaced with full width street improvements when Tentative Tract 29639, the overall tract map for Harveston Specific Plan, is developed. Staff recommends that the City Council accept the irrevocable offer of grant of easement, but not as part of the City Maintained-Street System until the work is satisfactorily completed and recommended for improvement acceptance and inclusion in the maintained system. FISCAL IMPACT: None ATrACHMENTS: 1. Resolution No. 2001- , with Exhibit "A" and Exhibit "B" 2. Location Map 3. Grant of Easement (On File) 1 R:~AGDRPT~.001\0612\DateSt reet RWAccept.doc 1 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING A GRANT OF EASEMENT FOR PUBLIC STREET AND ROADWAY PURPOSES ON THE SOUTH SIDE DATE STREET BETWEEN MARGARITA ROAD AND A POINT 697 FEET EAST OF MARGARITA ROAD BUT NOT ACCEPTING THIS EASEMENT INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: A. County of Riverside Staff has established the requirement for the improvement of the Southerly half of Date Street, located within the City of Temecula, as conditions of approval prior to recordation of Tract 28184; B. As part of the construction of the required improvements it is necessary for the developer, Lennar Homes of California, a California Corporation, to provide an easement, as submitted to be recorded as an Irrevocable Offer of Dedication of Grant of Easement, for public street and roadway, public utilities, and drainage purposes; C. The developer, Lennar Homes of California, a California Corporation, has submitted an Irrevocable Offer of Dedication of Grant of Easement for for public street and roadway, public utilities, and drainage purposes; D. Acceptance of this grant of easement serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the Grant of Easement by Lennar Homes of California, a California Corporation, for public street and roadway, public utilities, and drainage purposes as attached hereto as Exhibit "A" and Exhibit "B". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the Grant of Easement by Lennar Homes of California, a California Corporation, for public street and roadway, public utilities, and drainage purposes, but not into the City Maintained Street System at this time. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12t~ day of June, 2001. A'i-I'EST: Jeff Comerchero, Mayor Susan W. Jones, CMC, City Clerk (SEAL) 2 R:\AG DRPT~-001\0612\DateSt reetRWAccept.doc2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 01- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of June, 2001, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 3 R:~AG DRPT'~.001\0612~DateStreet RWAccept.doc3 Recording requested by and when Recorded, mail to: City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Exempt from Recording Fee per Govt. Code Sec. 27383 City of Temecula (Space above this line for Recorder's use) DOCUMENTARY TRANSFER TAX IS NONE, Public Agency exempt. Revenue and Taxation Code Section 11922 RIGHT OF WA Y EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, LENNAR HOMES OF CALIFORNIA, a California corporation, ("Grantor") hereby grants and conveys to the CITY OF TEMECULA, a municipal corporation, ("Grantee") a perpetual easement and right of way for public street and roadway purposes, including public utility and public service facilities over, under, upon, and across, and within the real property in the City of Temecula, County of Riverside, State of Califomia, described as follows: See Exhibit "A" attached All as illustrated on the plat attached hereto and marked Exhibit "B" IN WITNESS WHEREOF, this instrument has been executed this 12ch day of .~une ,200~. Lennar Homes of California, a ~corporation (Name) o? (Title) By: (Name) (Title) R:/yasinobk/habi[atforhumanity.rowdedication , ALL-PURPOSE ACKNOWLEDGEMENT State of California ] i County of Orange -- SS On 8 / 3 0 / 0 0 before me, personally appeared Tom Banks Janice L. Zlaket [] personally known to me - OR - [] Comm. t 1228574 Orange Coumy E4q~Sff. cYe to be the person(~) whose name(g) irffa~z subscribed to the within instrument and acknowledged to me that he/~w'~:'e~y: executed the same in his/~r~authorized capacity(~ff'~, and that by signatures(~ on the instrument the person(eft, or the entity upon behalf of which the personfff~ acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY cLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER Right of Way Easement TITLE OR TYPE OF DOCUMENT 4 [] PARTNER(S) [] ATtORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR DATE OF DOCUMENT [] OTHER: ..... SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) OTHER APA 5/99 VALLEY-SIERRA, 800-362-3369 EXHIBIT A EASEMENT LOT 168 BEING A PORTION OF LOT 168, OF THE MURRIETA PORTION OF THE TEMECULA LAND AND WATER COMPANY MAP ON FILE 1N BOOK 8 OF MAPS, AT PAGE 359, RECORDS OF SAN DIEGO COUNTY,.ALSO BEING A PORTION OF SEC. 23, T7S, R3W, PROJECTED, DESCRIBED AS FOLLOWS: .BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 168; THENCE~ THENCE; THENCE THENCE SOUTH 41°4~'54'' EAST, 46.00 FEET ALONG THE COMMON LINE OF SAID LOT 168 AND LOT 161 OF SAID MAP; LEAVING SAID COMMON LINE NORTH 48°13'06" EAST, 697.26 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF MARGARITA ROAD (110.00 FEET WIDE); NORTH 42o50'35'' WEST, 46.01 FEET ALONG SAID SOUTHWESTERLY LINE TO A POINT ON TI-IE NORTHWESTERLY LINE OF SAID LOT 168; SOUTH 48o13'06'' WEST, 696.41 FEET ALONG SAID NORTHWESTERLY LINE TO THE POINT OF BEGINNING. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. THE ABOVE DESCIbdBED EASEMENT CONTAINS 0.74 ACRES, MORE OR LESS. H:~HOME\lcgals~Van Da¢Ie\OFFSITE SD & WL EASEMENTS TR 28184 LOT 161 &' 168 529015.doc .~~ 67' 45 44 45 42 / 40 39 il MARGARITA F~D. EXHIBIT "B" N4-2'50'55"W-- - '¢> ' · [;:::::1 N41'46'54"W -- SEC23,T7S,R3W T~ans-Pacific ConsultanLs CIVIL ENGINEERS 27451 Enterprise Circle West, Temecule, CA., 92590 LAND SURVEYORS, PLANNERS THIS PLAT IS SOLELY AN AID IN LOCA~NG THE PARCEL(S) DESCRIBED IN THE ATTACHED DOCUMENT. IT IS NOT F.ART OF' THE WRITTEN DESCRIPTION THEREIN. SCALE: 1"~ 100 I DRAWN BY J.O.E. DATE12/29/99 EXHIBIT FOR I w.o.# SHEET 1 OF 1 529015 DRAINAGE EASEMENT ITEM 19 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City ManagedCity Council APPROVAL CITY ATTORNEY DIRECTOR Of FINANC~ /O~.~ CITY MANAGER William G. Hughes, Director of Public Works/City Engineer June 12, 2001 Acceptance of Offer of Dedication - Road Purposes on Western Bypass Corridor and Front Street per Tentative Parcel Map No. 28627 Conditions of Approval PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Clement M. Jimenez, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD PURPOSES FOR WESTERN BYPASS CORRIDOR AND FRONT STREET AS REQUIRED BY THE CONDITIONS OF APPROVAL FOR PARCEL MAP NO. 28627, PA97-0307 BUT NOT ACCEPTING STREETS INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME BACKGROUND: On March 15, 2000 the City of Temecula Planning Commission approved the final conditions of approval for Planning Application No. PA97-0307 for Tentative Parcel Map No. 28627, a twelve parcel subdivision including one open space lot, consisting of 38 acres. The project applicant, Margarita Canyon, LLC, appealed two of the Conditions of Approval relating to right of way dedications. Condition of Approval No. 27 required the developer to dedicate an additional 12 feet of right of way, above and beyond the required 88 feet of right of way dedication for Western Bypass Corridor, to allow for a second left-turn pocket into the proposed development within Parcel Map No. 28627. The City Council denied the appeal and upheld the Planning Commission's approval for the dedication of an additional 12 feet of right of way on Western Bypass Corridor. Condition of Approval No. 27, together with uncontested Condition of Approval No. 26, which required the developer to dedicate 88 feet of right of way for Western Bypass Corridor and 78 feet of right of way for Front Street, is the basis of this resolution. I R:\agdrpt\O 1\0522~TM28627.rowd edication Subsequent to City Council approval of the conditions of approval, the Planning Director approved Planning Application No. PA00-0310, a Phasing Map for Tentative Parcel Map No. 28627. The Phasing Map consists of four phases. The first phase, Parcel Map No. 28627-1, consists of original Parcels 1 and 12. Western Bypass Corridor is located to the north of Parcel 1 and the extension of Front Street is located to the west. The proposed 88-foot and the additional 12-foot Western Bypass Corridor right of ways are located within the northern portion of Parcel 12 while, Front street is located to the east. The exhibits for the right of way dedication reference Lot Line Adjustment PA 98-0331, which is the most current recorded legal description of the underlying land. Parcel A of this lot line adjustment, is contained within Tentative Parcel Map No. 28627-1. FISCAL IMPACT: None. ATTACHMENTS: 1. Resolution No. 2001- 2. Offer of Dedication-Road 15urposes (2 Sheets) with Exhibits "A", "B", "C', and "D" 2 R:\agdrpt\01\0522\TM28627.rowd edication RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF RIGHT OF WAY FOR ROAD PURPOSES FOR WESTERN BYPASS CORRIDOR AND FRONT STREET AS REQUIRED BY THE CONDITIONS OF APPROVAL FOR PARCEL MAP NO. 28627, PA97-0307 BUT NOT ACCEPTING STREETS INTO THE CITY MAINTAINED STREET SYSTEM AT THIS TIME THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: City Staff has established the requirement for dedication of right of way for street improvements per Conditions of Approval for Tentative Parcel Map No. 28627, PA97~0307, approved on May 9, 2000, as follows: 1. 88 feet of full width street right of way for Western Bypass Corridor improvements 2. 78 feet of full width street right of way for Front Street improvements 12 feet of additional right of way for Western Bypass Corridor above and beyond the proposed 88 feet of right of way to allow for a second left-turn pocket into the proposed development on Tentative Parcel Map No. 28627-1; The project applicant's appeal of Condition of Approval No. 27 was denied by the City Council; The developer submitted an offer of dedication for road purposes dedicating right of way for public street and utility purposes for Western Bypass Corridor and Front Street; Acceptance of this offer of dedication does not obligate the City to assume responsibility, nor incur liability with respect to the offer of dedication until the subject streets have been accepted into the city maintained street system by separate resolution. WHEREAS, The City Council of the City of Temecula hereby desires to accept for recordation the offer of dedication for road purposes by Great Western Mortgage as attached hereto as Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D". NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts for recordation the offer of dedication for road purposes by Great Western Mortgage, for Western Bypass Corridor and Front Street, but not into the City Maintained Street System at this time. 3 R:\agdrpt\01\0522\TM28627.rowdedication PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12~ day of June, 2001. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC, City Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001~ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of June, 2001 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNClLMEMBERS: Susan W. Jones, CMC, City Clerk 4 R:\agdrpt\01\0522\TM28627.rowdedication EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'F CODE 6103 AND WHEN RECORDED MAIL TO City of Temecula - City Clerk P O Box 9033, 43200 Business Park Dr. Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO City of Tcmccula P O Box 9033, 43200 Busincss Park Dr. Tcmecula, CA 92589-9033 OFFER OF DEDICATION - ROAD PURPOSES (Corporation) The undersigned, being the present title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Temecula, a political subdivision of the State of California, and its successors or assigns, for public street and utility purposes, the real property situated in the City of Temecula, County of Riverside, State of California, described in Exhibits "A", "B", "C", and "D" attached hereto. It is understood and agreed that the City of Temecula and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by appropriate action of the City Council, or of the local governing bodies or its successors or assigns. IN WI ,T~E.SS~THEREOF, these g.res~nts havre executed this instrument this [ ~ day of~ 2001 STATE OF CALIFORNIA } SS. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. COUNTY OF RIVERSIDE} On~~: ~)1 , before me the andersigned, , . ,~ ' , a N°ta~ Public-in and f~r the State °f Calif°mia, pers°nally appeared ~~ · ~ ,~](~x~(~k 0 fi~3~_~ personally known to me (or proved to me on the basi~Lof satisfactory evidence)to be th..q.l~erson~whose na~e~r~r-e.-subscribed to the within t~tnm~,.e, nt and acknowledged to me tha ti(.~e~l,~,tth~5, executed the same m{~[t~q~heir authorized capacity(i, gs')'f, and that by .m~.~ner-g. heir signature.(,s0fin the instrument the person¢~, or the entity upon behalf of which the person.(~9'ffacted, executed the instrument. WITNESS my hand and official seal. CITY OF TEMECULA Office of the City Clerk 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92590 CONSENT TO RECORDATION OF OFFER OF DEDICATION This is to certify that the interests in real property, as set forth in the attached Offer of Dedication for Road Purposes, dedicated to the City of Temecula, a municipal corporation, is hereby accepted for purposes of recordation by order of the City Council on June 12, 2001 with the understanding that the City of Temecula shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the real property or any improvements thereon or therein until the City Council has accepted these improvements into the City maintained street system by a separate resolution. City of Temecula By: Jeff Comerchero, Mayor ATTEST: By:. Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Forms~Acceptance Ced for Offer of Dedication EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD EASEMENT PARCEL"N' THAT PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA98-0331, RECORDED NOVEMBER 14, 2000 AS INSTRUMENT NO. 453433 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "A" SOUTH 48°19'13'' WEST, A DISTANCE OF 40.01 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 461.00 FEET AND TO WHICH A RADIAL BEARS NORTH 83021 '12" WEST; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°36'09'', AN ARC DISTANCE OF 149.68 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL "A"; THENCE ALONG A RADIAL LINE OF SAID CURVE SOUTH 78002'39'' WEST A DISTANCE OF 78.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 539.00 FEET AND TO WHICH A RADIAL BEARS SOUTH 78002'39'' WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18036'09'', AN ARC DISTANCE OF 175.00 FEET; THENCE NORTH 35001 '36" WEST ON A NON-TANGENT LINE, A DISTANCE OF 40.01 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 01°40'07'' EAST SAID CURVE BEING THE NORTHERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING FOUR COURSES: EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°16'15'', AN ARC DISTANCE OF 69.55 FEET; SOUTH 15039'27'' EAST ON A NON-TANGENT LINE, A DISTANCE OF 6.44 FEET; NORTH 59°39'01'' EAST, A DISTANCE OF 9.69 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET AND TO WHICH A RADIAL BEARS NORTH 07°42'41" EAST; EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°54'49'', AN ARC DISTANCE OF 51.64 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.368 ACRES, MORE OR LESS. SHEET 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD EASEMENT PARCEL "B" THAT PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA98-0331, RECORDED NOVEMBER 14, 2000 AS INSTRUMENT NO. 453433 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "A" SOUTH 01°15'21'' EAST, A DISTANCE OF 34.87 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 844.00 FEET AND TO WHICH A RADIAL BEARS NORTH 01°15'21" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°59'53", AN ARC DISTANCE OF 88.35 FEET; THENCE SOUTH 82044'46'' WEST, A DISTANCE OF 92.27 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID WESTERLY LINE SOUTH 07°15'14'' EAST, A DISTANCE OF 88.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 82044'46'' EAST, A DISTANCE OF 92.27 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 756.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5059'53'', AN ARC DISTANCE OF 79.14 FEET TO A POINT ON SAID EASTERLY LINE; THENCE ALONG SAID EASTERLY LINE NORTH 01°15'21'' WEST ON A NON-TANGENT LINE, A DISTANCE OF 88.00 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.356 ACRES, MORE OR LESS. THE ABOVE DESCRIBED PARCELS ARE SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS, RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD. SEE EXHIBIT "B" ATTACHED HERETO Al', R.C.E. 20508 EXP. 9-30-01 iERENCE MADE A PART HEREOF. SHEET 2 OF 2 EV'u'r 13 'r"r ii 13 it o' ~o' AI-IZ D£ / D / P.o.s. -.N .. ~,=3° 54 '49" /~AR~ SCALE: ! = 80 '~".~ R=756. O0 't,. //_N_j 1~__.37_L' 30" E._~R) . "~'~ ~ L=51.64' '~.ff-----~.~. , -- ' --~'aal~ ~... ~ / \~r_ 'N B3· 21' , , ~-- ~ 49. R==7~56.00.'~"~ /~ 'X L~ ,-,.w- a~.~'~"'------ ~N 0.~o L 69.55 \ / IA- ' / ~ ~ L~NE DATA I ,// ~ N 350 Ol '36"N 40. Ol' I / ~ N 15" 39'27"N 6.44' I / ~ N 59~ 39'01"E 9.69' I / ~ N Oi" ~5'2~"N(~ 88.00' ~ ~ ~ N 01°15'2t"W 34.87' CITY OF TEMECULA, CALIFORNIA THIS PLAT IS SOL~Y AN AID IN LOCATING T~ PARCEL(S) DESCRIBED IN THE ATTACHED DO~ME~. IT IS NOT A PART OF T~ ~ITTEN DESCRIPTION THEREIN. SHEET 1 OF 1 W, O. SCALE: 1" = 80' DRAWN BY:HAL DATE: JAN iggg SUBJECT: EXHIBIT FOR ROAD EASEMENT TEMECULA SITE SANTA t441~AR~TA ,qZVE~ ,SOUTH TO ESCONDT-DO TEIvECUI_A VICINITY MAP EXHIBIT "C" LEGAL DESCRIPTION PARCEL "C" THAT PORTION OF PARCEL "A" OF LOT LINE ADJUSTMENT NO. PA98-0331, RECORDED NOVEMBER 14, 2000 NOVEMBER 14, 2000 AS INSTRUMENT NO. 453433, OF RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL "A" SOUTH 01°15'21'' EAST, A DISTANCE OF 34.87 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 844.00 FEET AND TO WHICH A RADIAL BEARS NORTH 01°15'21'' WEST; THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5059'53'', AN ARC DISTANCE OF 88.35 FEET; THENCE SOUTH 82°44'46'' WEST, A DISTANCE OF 92.27 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL "A"; THENCE ALONG SAID WESTERLY LINE NORTH 07°15'14'' WEST, A DISTANCE OF 2.86 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL "A"; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL "A" NORTH 74°20'39" EAST, A DISTANCE OF 186.11 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.072 ACRES, MORE OR LESS. SEE EXHIBIT "D" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HERETO. 26003 SHEET 1 OF 1 EXHIBIT "D" O' 80' SCALE !' = 80' / CITY OF TEMECULA, CALIFORNIA ATTACHED DOCUMENT. IT IS NOT A PART OF THE WRITTEN DESCRIPTION THEREIN. SHEET I OF 1 W.O. SCALE: 1" = 80' BY: HAL DATE: ,.lAN t99! SUBJECT: LEi}AL DESCRIPTION i60' ITEM 20 TO: FROM: DATE: SUBJECT: APPROVAL CitY ATTORNEY ~ DIRECTOR OF FINANCE CiTY MANAGER __~LI CITY OF TEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer June 12, 2001 Acceptance of an Easement Deed for a Meandering Sidewalk along North General Kearney Road with portions within Parcel E of Lot Line Adjustment PA98-0054 located at the southeast corner of North General Kearney Road and Margarita Road PREPARED BY: .'~_ Ronald J. Parks, Deputy Director of Public Works (~Clement M. Jimenez, Associate Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT DEED FOR A MEANDERING SIDEWALK ALONG NORTH GENERAL KEARNEY ROAD WITH PORTIONS WITHIN PARCEL E OF LOT LINE ADJUSTMENT PA98-0054 AS REQUIRED PER THE CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. PA00-0417 BACKGROUND: On April 4, 2001 the City of Temecula Planning Commission approved Planning Application No. PA00-0417, the design, construction and operation of two medical office buildings (Margarita Medical Plaza) and the associated Conditions of Approval. Per Condition 40 of the Conditions of Approval, easements for sidewalks that meander through private property shall be dedicated to the City and approved by the Department of Public Works, the City Attorney, and the City Council. The easement deed is to secure public access, construction and maintenance through private property. The alignment and location of the portion of the meandering sidewalk easement shown on Exhibit "B", made part of the said Easement Deed, is in general conformance with the development plan. FISCAL IMPACT: None ATrACHMENTS: 1. Resolution No. 2001- 2. Easement Deed - Meandering Sidewalk with Exhibit "A" and "B" made parts thereof. R:',agdrpt\01\0612~oarcel e of Ila pa98-0054.meanderingsidewalkeasementdedication 1 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN EASEMENT DEED FOR A MEANDERING SIDEWALK ALONG NORTH GENERAL KEARNEY ROAD WITH PORTIONS WITHIN PARCEL E OF LOT LINE ADJUSTMENT PA98-0054 AS REQUIRED PER THE CONDITIONS OF APPROVAL FOR PLANNING APPLICATION NO. PA00-0417 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Temecula does hereby find, determine and declare that: City Staff has established the requirement for dedication of an easement for sidewalks that meander through private property per Condition of Approval No. 40 of the Conditions of Approval, PA00-0417, approved by the City of Temecula Planning Commission on April 4, 2001; The developer, Long Canyon Partners LP, a California Limited Partnership submitted an easement deed which grants an easement for meandering sidewalk including the construction and maintenance of the sidewalk; C. Acceptance of the easement deed serves both the public and private interests of the community. WHEREAS, The City Council of the City of Temecula hereby desires to accept the easement deed by Long Canyon Partners LP, a California Limited Partnership for meandering sidewalk as described in Exhibit "A" and shown in Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts the easement deed by Long Canyon Partners LP, a California Limited Partnership for a meandering sidewalk. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12th day of June, 2001. Jeff Comerchero, Mayor A'Fr'EST: Susan W. Jones, CMC, City Clerk R:~agdrpt\01\0612~arcel e of Ila pa98-0054.meanderingsidewalkeasementdedication 2 (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12thday of June, 2001 by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:~agdrpt\01\0612~arcel e of Ila pa98-0054.meanderingsidewalkeasementdedication 3 EASEMENT DEED-MEANDERING SIDEWALK FOK A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Long Canyon Partners LP, a California Limited Partnership GRANT(S) to the CITY OF TEMECULA, a political subdivision, an easement for meandering sidewalk, including the construction and maintenance over, upon, across, and within real property in the City of Temecula, State of California, described as: See Attached Exhibit "A" For Complete Description this / /k- dayof ~q .20~) / Print Narne and Title a~..d. LL)ard~N°tary Public in ando/~ d~ ~/lf°r the State of California, personally appeared By to be the pe~on~whose name~r~m~scfibed to the rAtiOn for SPT Holdings, LLC on the inslxument the petson(~ or thc entity upon behalf of which the person0~acted, WI'I3qESS my hand and offici~al seal ~ ~_ COMM. #122843~ x.~2CEPTANCE CERTIFICATE By: ATTEST: CITY OF TEMECULA JeffComerchero, Mayor BY: Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: BY: Peter M. Thorsan, City Attorney EXHIBIT"A" CITY OF TEMECULA PUBLIC SIDEWALK EASEMENT Legal Description That certain parcel of land situated in The City of Temecula, County of Riverside, State of California, being that portion of Parcel "E" of Lot Line Adjustment No. PA 98-0054 recorded April 9, 1998 as Instrument No. 137810 of Official Records of Riverside County, California, more particularly described as follows: Beginning at a point on the northeast comer of said Parcel "E", being a point on the southerly Right-of-Way line of North General Kearny Road, also being a point on a 1244.00 foot radius curve concave northerly, a radial line to said point bears South 01o30'35" West; Thence, westerly along said southerly Right-of-way line and along the arc of said 1244.00 foot radius curve through a central angle of 02°15'07" an arc distance of 48.90 feet to a point being the beginning of a non-tangent 77.00 foot radius curve concave northerly a radial line to said curve bears South 26°31'50" East, said point also being the True point of beginning: Thence, leaving said Right-of-Way line and said 1244.00 foot radius curve, westerly alpng the arc of said 77.00 foot radius curve through a central angle of 55o47'55" an arc distance of 74.99 feet to a point being the beginning of a 43.00 foot radius reverse curve concave southerly; Thence, continuing westerly along the arc of said 43.00 foot radius reverse curve through a central angle of 46°13'49" an arc distance of 34.70 foot to the beginning of a 77.00 foot radius reverse curve concave northerly; Thence, continuing westerly along the arc of said 77.00 foot radius reverse curve through a central angle of 61°34'06'' an arc distance of 82.74 foot to a point on said southerly Right-of-Way line of North General Kearny Road, a radial line to said point bears South 44036'22'' West; Thence, easterly along said Right-of-Way line South 80029'27" East a distance of 59.06 foot to a point being the beginning of a 1244.00 foot radius tangent curve concave northerly; Thence, continuing easterly along said Right-of-Way line and along said 1244.00 foot radius curve through a central angle of 05044'50.' an arc distance of 124.78 feet to the True point of beginning. EXHIBIT I / 175.76' ~,1 · IV. C£N£RAL ~(£ARN¥ RO. J I I C1 / / C4' EASEMENT FOR MEANDERING SIDEWALK PA~,C,-'.L E INST, NO, 137810, (REC, 4/9/98) A.P.N. 921-900-076 SCALE: 1"=100' PAnC...L'-~ F D 24.29' DATA TABLE BRG./DELTA RADIUS LENGTH L1 ~ N80'29'27"W - - 79,50' L2 N55'25'59"E -- 32,00' L3 $80'29'27"E -- 59,06' C1 07'59'58" 1244.00' 173.68' C2 02'15'07" 1244.00' 48.90" C3 05'44'50" 1244.00' 124.78' C4 55'47'55" 77.00' 74.99' C5 46'~ 3'49" 4,:3.00' 34.70' C6 61'34'06" 77.00' 82.74' ITEM 21 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT APPROVAL CITY ATTORNEY DIRECTOR OF FINAN( CITY MANAGER City Manager/City Council ~j~William G. Hughes, Director of Public Works/City Engineer June 12, 2001 Reimbursement Agreements with MS Temecula II, LLC - Dendy Parkway Improvements and Diaz Road Traffic Signal Installation PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: Execute an Agreement between the City and MS Temecula II, LLC for Reimbursement of the Cost of Constructing Improvements within Dendy Parkway 2. Adopt a Resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR REIMBURSEMENT OF COSTS OF CONSTRUCTION FOR PUBLIC IMPROVEMENTS (DENDY PARKWAY) BETWEEN THE CITY OF TEMECULA AND MS TEMECULA II, LLC (PA 2000-0355) Execute an Agreement between the City and MS Temecula II, LLC for Reimbursement of the Cost of Installing a Traffic Signal at Winchester and Diaz Roads. 4. Adopt a Resolution Entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "REIMBURSEMENT AGREEMENT FOR WINCHESTER ROAD/DIAZ ROAD TRAFFIC IMPROVEMENTS BETWEEN CITY OF TEMECULA AND MS TEMECULA, LLC BACKGROUND: On November 15, 2000, the City Council approved Planning Application 2000-0335 for the design, construction and operation of a 410,000 square foot industrial building located at the southwest corner of the extension of Dendy Parkway and the extension of Winchester Road, in the Westside Business Center Industrial Park. Developed by MS Temecula II, LLC, the site represents the future home of the Scott's Manufacturing Facility. R:~agdrpt\01\0612\MSTernecula. Reimbursmentagrmts 1 Pursuant to the conditions of approval for the project, the developer is required to complete certain off-site improvements, which include the construction of half-width improvements within Dendy Parkway from the Scott's project boundary to the existing roadway improvements adjacent to Milgard Manufacturing, and the installation of a traffic signal at the intersection of Winchester and Diaz Roads. In return, MS Temecula, LLC is eligible for reimbursement of a portion of the costs associated with the improvements, as follows: Dendy Parkway Improvements In accordance with the terms of the attached Reimbursement Agreement for the Dendy Parkway improvements, Milgard Manufacturing shall be conditioned to pay for the cost of the roadway improvements defined in this Agreement upon application to the City for any development permits. In return, the City shall reimburse MS Temecula II, LLC the monies it collects from Milgard. Preliminary construction cost estimates for the Dendy Parkway improvements in the amount of $134,006.00 have been reviewed and approved by staff. The final reimbursement amount will be determined upon completion of the improvements and acceptance by the City Council. Traffic Siqnal Improvements In accordance with the terms of the attached Reimbursement Agreement for the Traffic Signal Improvements at Winchester and Diaz Roads, MS Temecula II, LLC is required to install a traffic signal at this location prior to issuance of a certificate of occupancy. Preliminary construction costs for the signal improvements in the amount of $173,961.00 have been reviewed and approved by staff. The developer is eligible to receive DIF credits in the amount of $43,252.88 for the Traffic Signal and Traffic Control Systems component of the Public Facilities Development Impact Fees and reimbursement from the City to obtain 100% of the ultimate cost for design and installation. The final reimbursement amount will be determined upon completion of the improvements and acceptance by City Council. FISCAL IMPACT: There are no anticipated fiscal impacts associated with approval of Reimbursement Agreement for the Dendy Parkway Improvements. The City agrees to collect certain funds equal to the cost of the roadway improvements from Milgard Manufacturing at the time a development permit is requested. The City agrees to reimburse said funds collected from Milgard Manufacturing to MS Temecula II, LLC. With respect to the traffic signal at Winchester and Diaz Roads, the City has agreed to reimburse MS Temecula II, LLC for 100% cost of the improvements. MS Temecula II, LLC will contribute their fair share of $43,252.86 (Traffic Signal component of DIF) towards the estimated construction cost of $173,961.00. Upon completion and acceptance of the improvements, MS Temecula II, LLC is entitled to receive a reimbursement from the City of approximately $130,708.14. Adequate funds have been included in the FY 2001/02 Capital Improvement Project budget for the anticipated reimbursement amount. ATTACHMENTS: 2. 3. 4. Resolution/Dendy Parkway Reimbursement Agreement Exhibit A - Reimbursement AgreementJDendy Parkway Resolution/Traffic Signal Reimbursement Agreement Exhibit A - Reimbursement Agreement/Traffic Signal R:\agdrpt\01\0612\MSTemecula. Reirn bursmentagrmts 2 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR REIMBURSEMENT OF COSTS OF CONSTRUCTION PUBLIC IMPROVEMENTS (DENDY PARKWAY) BETVVEEN CITY OF TEMECULA AND MS TEMECULA II LLC (PA 2000-0355)" THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. MS Temecula II, LLC ("Developer") is the owner of approximately 31 acres of real property located east of Winchester Road between Dendy Parkway and Remington Avenue, Temecula California. b. On November 15, 2000, the Planning Commission of the City of Temecula adopted Resolution No. 2000-034 approving Planning Application No. 2000-0335 (the "Project"). c. Condition 41 b. and c. of the Resolution provides that prior to issuance of building permits, the Developer is required to construct certain public works improvements consisting of the construction of curb, gutter, sidewalk, and one half of Dendy Parkway as described in the Agreement ("Improvements"). The Improvements are necessary for the development of Project. d. Developer and City estimate that the cost of the Improvements should be one hundred thirty-four thousand, six dollars ($134,006.00) but the parties recognize that economic conditions at the time of bidding and construction conditions could alter the accuracy of the estimate. e. Developer has offered to construct the Improvements provided Developer is reimbursed by the owners of other property which benefits from the Improvements in their fair share of contribution, to the extent provided in the Agreement. f. The property which is benefited by the Improvements is the Milgard Property located at the southwest corner of Diaz Road and Dendy Parkway, Temecula, California. The owners of this property were notified of the date and time of the meeting at which the Council would consider the approval of the Agreement and were notified of their right to address the Council on the Agreement. This notice was sent by mail and delivered telephonically to a representative of the owner of the property not less than ten (10) calendar days prior to the Council's consideration of the Agreement. Section 2. The City Council hereby approved that certain agreement entitled "Agreement for Reimbursement of Costs of Construction Public Improvements (Dendy Parkway) Between City of Temecula and Ms Temecula II, LLC (PA 2000-0335)" and authorizes the Mayor to execute the Agreement on behalf of the City in substantially the form attached hereto as Exhibit A. Section 3. matter required by law. The City Clerk shall certify to the adoption of this Resolution in the R:\agdrpt\01\0612\MSTemecula. Reim bursmentagrmts 3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 12th day of June, 2001. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 12th day of June, 2001, by the following vote: AYES: COUNCILMEMBERS: 0 NOES: COUNCILMEMBERS: 0 ABSENT: COUNCILMEMBERS: 0 Susan W. Jones, CMC, City Clerk R:\agdrpt\01\0612\MSTemecula. Reimbursmentagrmts 4 EXHIBIT A DENDY PARKWAY REIMBURSEMENT AGREEMENT AGREEMENT FOR PARTIAL REIMBURSEMENT OF COSTS OF CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS (DENDY PARKWAY) BETWEEN CITY OF TEMECULA AND MS TEMECULA II, LLC (PA 2000-0335) THIS REIMBURSEMENT AGREEMENT is entered into and effective as of June 12, 2001 by and between the City of Temecula, a municipal corporation ("City"), and MS Temecula II LLC ("Developer"). In consideration of the mutual promises and benefits described herein, the parties hereto agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each of the parties hereto acknowledge and agree are true and correct: 1.1 Developer is the owner of approximately 31 acres of real property generally located east of Winchester Road between Dendy Parkway and Remington Avenue, Temecula Califomia ("Property") which is legally described on Exhibit A, attached hereto. 1.2 On November 15, 2000, the Planning Commission of the City of Temecula adopted Resolution No. 2000-034 ("Resolution") approving Planning Application No. 00-0335 (the "Project"). 1.3 Condition 41 b. and c. of the Resolution provides that prior to issuance of building permits, the Developer is required to construct certain off-site public improvements ("Improvements") which are more particularly described in Exhibit B, attached hereto, and Improvement Plan No. 19-99-001C0. 1.4 In order to secure Developer's obligation to construct the Improvements, the City and Developer entered into that certain Subdivision Improvement Agreement dated November 3, 2000. 1.5 One of the requied Improvements is the improvement of Dendy Parkway ("Dendy Parkway improvements"). The Dendy Parkway Improvements are to be constructed adjacent to the Property and adjacent to the property which is legally described on Exhibit C., attached herto ("Milgard Property"). The Dendy Parkway Improvements benefit both the Property and the Milgard Property. The portion of the Dendy Parkway Improvements adjacent to the Milgard Property are also shown on Exhibit C. 1.6 Developer and City estimate that the portion of the costs of the Dendy Parkway Improvements that are in excess of the improvements required for the Property and are for the benefit of the Milgard Property should be approximately One Hundred Thirty Four Thousand Six Dollars ($134,006.00), as more particularly shown on 636607,3 May 22,2001 -1- Exhibit B., but recognize that economic conditions at the time of bidding and construction conditions could alter the accuracy of the estimate. 1.7 Developer has offered to construct the Dendy Parkway Improvements which are in excess of the improvements required for the Developer's subdivision, provided Developer is reimbursed by the City for its fair share of the costs of the Dendy Parkway Improvements allocable to the Milgard Property, to the extent provided in this Agreement. 1.8 The parties now desire to set forth the terms of the reimbursement to Developer of a fair share portion of the costs of the Dendy Parkway Improvements that are allocable to the Milgard Property. 1.9 This Agreement is being entered into pursuant to the authority set forth in Government Code Section 66405 et seq. and all applicable laws, regulations and local ordinances. 2. Construction of Public Improvements. Developer shall construct and install the Improvements in accordance with the Subdivision Improvement Agreement. 3. Reimbursement of Costs of Construction. Upon the earlier of the acceptance of the Dendy Parkway Improvements by the City Council in accordance with the terms of the Subdivision Improvement Agreement or the opening of the Dendy Parkway Improvements for public use, Developer shall submit to the Director of Public Works the actual costs of installing the Dendy Parkway Improvements, which costs may include, but are not limited to reasonable and customary costs for design, administration, and overhead, construction costs, and related costs of plan check, inspection, permit, fees, bonds and engineering (the "Reimbursable Costs") and all invoices and other documentation as reasonably required by the Director which support the Reimbursable Costs actually incurred. City shall reimburse Developer for the Reimbursable Costs as provided in this Agreement. 3.1 For a period of fifteen (15) years following the date of this Agreement, City agrees to impose as a condition of development, to the extent lawful and within its municipal powers, including Government Code Sections 66405 et seq. on the Milgard Properly or any portion thereof, as identified on Exhibit C, a condition requiring payment by the owner(s) of the Milgard Property of the Milgard Property's fair share of the Reimbursable Costs. The City believes that it has the authority to impose this condition pursuant to, among other authority, Government Code Sections 66485-66487. 3.2 Simple interest shall accrue from the date the Reimbursable Costs are incurred by the Developer on the outstanding balance of the Reimbursable Costs at eight percent (8%) per year until the Developer is reimbursed as provided in this Agreement. 636607.3 May 22, 2001 -2- 3.3 Within fifteen (15) business days of receipt by the City of any funds from the owner(s) of the Milgard Property pursuant to the conditions as described in Section 3.1, City shall pay such amount to the Developer at the address specified in Section 4 of this Agreement. It is the Developer's obligation to keep the City informed of its current address. 3.4 In the event the Milgard Property does not receive a development approval within fifteen (15) years of the date of this Agreement or the conditions of development requiring payment of the Reimbursable Costs are found to be invalid by a court of competent jurisdiction, or the City, after good faith efforts, is otherwise unable to recover all or a portion of such Reimbursable Costs, City shall have no obligation to pay Developer the Reimbursable Costs. Notwithstanding anything to the contrary herein, City agrees to use good faith efforts to impose the conditions of development as set forth in Section 3.1 and collect the Reimbursable Costs from the owner(s) of the Milgard Property. 3.5 In the event a legal action is filed challenging the validity of the conditions of development imposed by the City as set forth in Section 3.1 Developer and City shall meet and in good faith attempt to develop a strategy for settling the litigation and modi lying this Agreement in order to equitably accommodate the interest of all parties. In the event such an effort does not resolve the litigation or the parties are unable to agree upon a modification of this Agreement, Developer may request the City to defend the litigation. The Developer shall deposit with the City an amount reasonably determined by the City to cover the estimated costs of the defense of the litigation. The City shall have no obligation to defend the litigation until such time as such amount is deposited with the City. The deposit maybe in the form of a deposit in an interest beating account with the principle payable to the City pursuant to this Agreement and the interest on such account payable to the Developer. In the event that during the course of the litigation the City determines that the estimated costs of the litigation will exceed the amount on deposit, the City may require an additional deposit in order to proceed with the defense of the litigation. In defending the litigation, the City and its attorneys shall consult with Developer and keep the Developer fully apprised of the status of the litigation and the on-going costs of the litigation and provide an accounting regarding the use of the deposit. The Developer may terminate the defense of the litigation at any time upon written notice to the City. The City shall deduct from the Deposit the reasonable legal fees and litigation expenses incurred by the City in defending the litigation and any monetary awards to the plaintiffs or petitioners which may be imposed by the court, such as, but not limited to an award of attorney fees. 4. Notice. Any payments of the Reimbursable Costs or notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time. of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return 636607.3 May 22, 2001 -3- 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 Post Office Box 9033 Temecula, CA 92589-9033 Attention: Director of Finance To Developer: MS Temecula II, LLC Attention: David Simon 1999 Avenue of the Stars, Suite 2000 Los Angeles, CA 90067 Phone (310) 788-2200 With Copies to: Kearney Real Estate Company Attention: John Bragg 4275 Executive Square, Suite 800 La Jolla, CA 92037 Phone (858) 546-2930 5. Assignment. This Agreement shall be binding on and inure to the benefit of the parties and their heirs, successors, and assigns of the Parties. Notwithstanding the foregoing, any reimbursement rights hereunder shall remain with Developer unless Developer specifically assigns those rights to a successor by a written assignment delivered to the City. Developer may assign its rights and transfer it obligations under this Agreement only with the City's prior written consent, which shall not be unreasonably withheld or delayed, provided however that City consent shall not be required for an assignment to a subsidiary or affiliate of Developer or any entity that is an assignee of the Subdivision Improvement Agreement. Immediately upon the granting of such consent and the City's receipt of a duly executed assignment and assumption agreement by Developer and Assignee in accordance with the requirements of this Agreement, Developer shall be released from all liability and obligations hereunder. 6. Integration of Agreement Terms. Except for the Subdivision Improvement Agreement, this Agreement contains the entire understanding between the parties relating to the obligations of the parties relating to the reimbursement of the Reimbursable Costs. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, relating to the reimbursement for the costs of the Improvements are merged into this Agreement and shall be of no further force or effect for the Subdivision Improvement Agreement. 636607,3 May 22, 2001 -4- 7. Independent Investigation. 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. 8. Indemnification. Each party shall indemnify, protect and hold harmless the other party, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature, including but not limited to reasonable attorney fees and litigation costs, which the indemnified party, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of other party's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the indemnified party's own negligence or wrongful conduct. 9. Applicable Law/Venue. The City and Developer understand and agree that thc 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 geographic jurisdiction over the City of Temecula. In the event litigation is filed with respect to this Agreement the prevailing party shall be entitled to reasonable attorney fees and litigation expenses as the court may determine. 10. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Developer warrants and represents that he or she has the authority to execute this Agreement on behalf of the Developer and has the authority to bind Developer to the performance of its obligations hereunder. 11. Counterparts. This Agreement may be executed in any number of counterparts, ~ach of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. 12. Modification. No modification, waiver or discharge of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver or discharge is or may be sought. 13. Further Assurances. Each party shall tall all actions reasonably necessary to implement the terms of this Agreement. 14. Exhibits. The following exhibits are attached to this Agreement and each is incorporated into this Agreement as though set forth in full: Exhibit A. Legal Description of Developer's Property 636607.3 May 22, 2001 Exhibit B. Public Improvements to Be Constructed by Developer/Construction Cost Estimate -5- Exhibit C Property Benefited by Public Improvements to Be Constructed by Developer (Milgard Property) IIIII IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comemhero Mayor Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 636607.3 May 22, 200l -6- DEVELOPER MS TEMECULA II, LLC, a Delaware Limited Liability Company By: Name: Title: By: Name: Title: 6366O7.3 May 22, 2001 -7- EXHIBIT A LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY 636607.3 May 22,2001 -8- EXHIBIT B PUBLIC IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER/ CONSTRUCTION COST ESTIMATE 636607.3 May 22, 2001 -9- EXHIBIT B SCOTTS MANUFACTURING OFF-SITE IMPROVEMENT BUDGET KEETON CONSTRUCTION 18-Dec-00 Earthwork Move-in Clear and Grub Site Saw Cut Temporary Cul-de-Sac Die-Assemble Asphalt Demolition Asphalt Load & Haul Grade & Balance Export Excess Subgrade Finish Steel Grade Cut Curb Grade Cut Sidewalk Grade Cut Sidewalk Grade - Remmington Construction Water Asphalt Paving .45' Asphalt on .67 Base Increase Section to 13.5~ Base Increase Section to 12~ Base Concrete Curb & Gutter Sidewalk (Winchester & Dendy) Sidewalk (Remmington) Access Ramp Scotts 1,500 2,000 9,500 1,600 8,500 4,500 7,000 6,000 1,000 41,500 164,000 4,496 19,893 188,389 16,000 19,800 15,500 600 52,000 Mileard 500 5O0 850 5O0 2,500 1,250 3,000 1,500 3,500 1,500 2,400 18,000 44,500 8,280 52,780 4,500 6,000 10,500 Striping and Signs 4,O00 508 Barricades 5,O00 Dry Utilities Utility Increase 125,000 31,183 33,000 6,960 Staking 6,500 2,000 General Conditions 13,700 4,000 Liability Insurance 0.80o/0 3,869 1,058 Subtotal Fee Subtotal Bond 3.50% 471,141 16~490 487,631 2~5O0 490,131 128,798 4,508 133,306 7O0 134,006 TOTAL CONTRACT $ 624,137 EXHIBIT C PROPERTYBENE~TTEDBYPUBLICIMPROVEMENTS TO BECONSTRUCTEDBYDEVELOPER (MILGARDPROPERTY) 636607.3 May 22, 2001 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "REIMBURSEMENT AGREEMENT FOR WINCHESTER ROAD/DIAZ ROAD TRAFFIC IMPROVEMENTS BETWEEN CITY OF TEMECULA AND MS TEMECULA II, LLC" THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. MS Temecula II, LLC ("Developer") is the owner of approximately 31 acres real property located east of Winchester Road between Dendy Parkway and Remington Avenue, Temecula California. b. On November 15, 2000, the Planning Commission of the City of Temecula adopted Resolution No. 2000-034 approving Planning Application No. 2000- 0335 (the "Project"). c. Condition 45 of the Resolution provides that prior to issuance of the certificate of occupancy, the Developer is required to construct certain public works improvements consisting of the construction and installation of traffic signals at the intersection of Winchester Road and Diaz Road as described in the Agreement ("Improvements"). The Improvements are necessary for the development of Project. d. City and Developer have studied the nature of the Improvements and the contribution of the Project to the need for the Improvements. City and Developer have negotiated Developer's fair share contribution to the construction of the Improvements. As a result of these negotiations, City and Developer have concluded that Developer's fair share of the cost of constructing the Improvements shall be forty three thousand two hundred fifty two dollars and 86/100 ($43,252.86). Developer's fair share amount is the Traffic Signal Component of the City's Development Impact Fee for the Project. Developer and City each acknowledge and agree that the Project contains four hundred eleven thousand nine hundred thirty two square feet (411,932) of building area. The parties further agree that the Traffic Signal Component of the DIF for the Project is the building area multiplied by $.105, the Traffic Signal Component rate, for a total of $43,252.86. e. Developer and City estimate that the cost of the Improvements should be one hundred seventy three thousand, nine hundred sixty one dollars ($173,961.00) but recognize that economic conditions at the time of bidding and construction conditions could alter the accuracy of the estimate. f. Developer has offered to construct the Improvements provided Developer is reimbursed by the City for its share of the Improvements. It is uneconomical and impractical for the City to bid the Improvement work separately from the development and other improvement work being undertaken by Developer in the area due to conflict between contractors and disruptions to traffic flow due to uncoordinated construction activities. R:~agdrpt\01\0612\MSTemecula. Reimbursmentagrmts 5 Section 2. The City Council hereby approved that certain agreement entitled "Reimbursement Agreement For Winchester/Diaz Road Traffic Improvements Between City of Temecula And Ms Temecula II, LLC" and authorizes the Mayor to execute the Agreement on behalf of the City in substantially the form attached hereto as Exhibit A. Section 3. matter required by law. The City Clerk shall certify to the adoption of this Resolution in the PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 12th day of June, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 12th day of June, 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 Susan W. Jones, CMC, City Clerk R:\agd rpt\O1\0612\MSTemecula.Reimbursmentagrmts 6 EXHIBIT A WINCHESTER/DIAZ ROAD TRAFFIC SIGNAL REIMBURSEMENT AGREEMENT REIMBURSEMENT AGREEMENT FOR WINCHESTER ROAD/DIAZ ROAD TRAFFIC SIGNAL IMPROVEMENTS BETWEEN THE CITY OF TEMECULA AND MS TEMECULA II, LLC THIS REIMBURSEMENT AGREEMENT is entered into and effective as of June 12, 2001 by and between the City of Temecula, a municipal corporation ("City"), and MS Temecula II, LLC, a Delaware limited liability company ("Developer"). In consideration of the mutual promises and benefits described herein, the parties hereto agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each of the parties hereto agree are true and correct: 1.1 Developer is the owner of approximately 31 acres of real property located east of Winchester Road between Dendy Parkway and'Remington Avenue, Temecula California, which is legally described on Exhibit A, Legal Description of Developer's Property. 1.2 On November 15, 2000, the Planning Commission of the City of Temecula adopted Resolution No. 2000-034 approving Planning Application No. 2000- 035 (the "Project"). 1.3 Condition 45 of the Resolution provides that prior to issuance of the certificate of occupancy, the Developer is required to construct traffic signal improvements at the intersection of Diaz Road and Winchester road which are described in Exhibit B, Traffic Signal Improvements/Construction Cost Estimate (hereafter "Improvements"). The Improvements are necessary for the development of Project. 1.4 City and Developer have studied the nature of the Improvements and the contribution of the Project to the need for the Improvements. City and Developer have negotiated Developer's fair share contribution to the construction of the Improvements. As a result of these negotiations, City and Developer have concluded that Developer's fair share of the cost of constructing the Improvements shall be forty-three thousand, two hundred fifty-two dollars and 86/100 ($43,252.86). Developer's fair share amount is the Traffic Signal Component of the City's Development Impact Fee for the Project. Developer and City each acknowledge and agree that the Project contains four hundred eleven thousand, nine hundred thirty-two square feet of building area. The parties fi~rther agree that the Traffic Signal Component of the DIF for the Project is the building area multiplied by $. 105, the Traffic Signal Component rate, for a total of $43,252.86. Developer will receive a credit against the DIF for the Project in the amount of $43,252.86. 1.5 Developer and City estimate that the cost of the Improvements should be one hundred seventy-three thousand, nine hundred sixtyr(~ne dollars 636611,3 May 31,200~ -1- ($173,961.00), but the parties recognize that economic conditions at the time of bidding and construction conditions could alter the accuracy of the estimate. 1.6 Developer is ready to begin construction of the Project. It is uneconomical and impractical for the City to bid the Improvement work separately from the development and other improvement work being undertaken by Developer in the area due to conflict between contractors and disruptions to traffic flow due to uncoordinated construction activities. 1.7 The parties now desire to set forth the terms of the City's reimbursement of the costs of a portion of the Improvements. 2. Construction of Improvements. Developer shall construct and install the Improvements in accordance with plans and specifications approved by the Director of Public Works (the "Director") and subject to the terms of this Agreement. 3. Allocation of Costs of Improvements. City shall pay to Developer a sum equal to the actual costs of constructing and installing the Improvements, less the Developer's share of forty three thousand two hundred fifty two dollars and 86/100 ($43,252.86) as described in Section 1.4. The parties have each independently determined that this figure reasonably apportions the responsibility of City and Developer for the costs of the Improvements given the Developer's obligation to construct certain improvements pursuant to Condition 45 of Planning Application No. 2000-0335. 4. Payment of Reimbursable Costs. Upon acceptance of the Improvements by the City Council, Developer shall submit to the Director of Public Works the actual cost of installing the Improvements and all invoices and other documentation as reasonably required by the Director which supports the costs actually incurred. The Director shall calculate the costs for which the Owner shall be reimbursed based upon the allocation described in Section 3, above (the "Reimbursement Costs"). City shall pay to Developer the Reimbursable Costs within twenty working days of acceptance of the Improvements. 5. City Obligations. In order to implement the construction of the Improvements pursuant to this Agreement, City shall: 5.1 Review and approve design of the Improvements. 5.2 Obtain possession of all necessary rights of way necessary for the construction of the Improvements. 5.3 Obtain all necessary permits for the Improvements fi-om the applicable public agencies. 5.4 City shall be responsible for the payment of permit fees and City inspections of the construction o£the Improvements. May31,2001 -2- 5.5 Designate a representative of the City to regularly meet with the representatives of Developer and Developer's contractor to coordinate construction activities and monitor progress of construction. 6. Developer Obligations. Improvements, Developer shall: In order to coordinate the construction of the 6.1 Construct and install the Improvements in accordance with the plans and specifications approved by the Director of Public Works; 6.2 Obtain the bids of not less than three qualified bidders, as approved by the Director of Public Works in advance of bidding, and award the construction contract to the lowest bidder. 6.3 Require the contractor to pay prevailing wages for the work in accordance with Labor Code Section 1770 et seq. and applicable regulations of the State Labor Commissioner. 6.4 Supervise and manage the construction of the Improvements. 6.5 Designate a representative of the Developer to regularly meet with the representatives of the City and Developer's contractor to coordinate construction activities and monitor progress of construction. 6.6 Developer and Developer's contractors shall procure and maintain insurance in the amounts and types set forth on Exhibit C, Insurance Requirements. 6.7 Prepare and maintain all books, records, reports and correspondence to or from contractors, subcontractors and other persons relating to the construction and installation of the Improvements reasonably necessary to document the costs incurred in constructing the Improvements. Developer shall permit representatives of the City to review and copy all books, records, reports and correspondence to or from, or prepared by, contractors, subcontractors and other persons relating to the construction and installation of the Improvements or which document the costs incurred in constructing the Improvements on two (2) business day's notice to Developer. Developer shall keep such records for a period of four (4) years from the date of acceptance of the Improvements. 7. Notices. Any payments or notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (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: 636611.3 May31,2001 -3- To City: City of Temecula 43200 Business Park Drive Temecula, CA 92590 Attention: Director of Public Works To Developer: MS Temecula II, LLC Attention: David Simon 1999 Avenue of the Stars, Suite 2000 Los Angeles, CA 90067 Phone (310) 788-2200 With Copies to: Kearney Real Estate Company Attention John Bragg 4275 Executive Square, Suite 800 La Jolla, CA 92037 Phone (858) 546-2930 8. Applicable Law. The City and Developer understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 9. Litigation. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event litigation is file by one or more of the parties to this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney fees and litigation expenses as determined by the Court. 10. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties relating to apportionment and reimbursement of the costs of the Improvements. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, relating to the reimbursement for the costs of the Improvements are merged into this Agreement and shall be of no further force or effect except for the Subdivision Improvement Agreement for Parcel Map No. 29895 between the City and Developer. 11. Independent Investigation. 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. 12. Indemnification. Each party shall indemnify, protect and hold harmless the other party, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature, 636611.3 May 3 I, 2001 -4- including but not limited to reasonable attorney fees and litigation costs, which the indemnified party, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of other party's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability to the extent arising out of the indemnified party's own negligence or wrongful conduct. 13 Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Developer and City each warrants and represents that he or she has the authority to execute this Agreement on behalf of the Developer or City, as applicable, and has the authority to bind Developer or City, as applicable, to the performance of its obligations hereunder. 14. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. 15. Modification. No modification, waiver or discharge of this Agreement shall be valid unless the same is in writing and signed by the party against which the enfomement of such modification, waiver or discharge is or may be sought. 16. Further Assurances. Each party shall take all actions reasonably necessary to implement the terms of this Agreement. 17. Exhibits. The following exhibits are attached to this Agreement and each is incorporated into this Agreement as though set forth in full: Exhibit A. Legal Description of Developer's Property Exhibit B. Traffic Signal Improvements/Construction Cost Estimate Exhibit C Insurance Requirements 636611.3 May 3 I, 2001 -5- 1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero Mayor Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney DEVELOPER MS TEMECULA II, LLC, a Delaware limited liability company By: Name: Title: By: Name: Title: 636611.3 May 3 I, 2001 -6- EXHIBIT A LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY May 22,200! EXHIBIT B TRAFFIC SIGNAL IMPROVEMENTS/CONSTRUCTION COST ESTIMATE 636611.3 May 22, 2001 EXHIBIT B Traffic Signal Improvements / Construction Cost Estimate Winchester and Diaz Hard Costs 0614-00100 0614-00110 0614-00650 0614-01310 0614-02580 0614-02810 0614-02810 0614-02810 0614-$0000 General Conditions Insurance Temporary Barricades Construction Staking Striping & Signs Traffic Signal Interline Conduit Handicap Ramps & Barricades Contractor's 0 H & P $ 5,000 $ 1,213 $ 1,000 $ 1,000 $ 16,38:} $114,364 $ 3,360 $ 10~500 $152,820 5.0% $ 7~641 $160,461 $160,461 Soft Costs Design / Engineering Oversight / Management Fees TOTAL COSTS $ 8,700 $ 4,800 $ 13,500 $. 13,500 $173,961 EXHIBIT C INSURANCE REQUIREMENTS Developer 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 Developer, its agents, representatives, or employees. 1 Minimum Scope of Insurance. Coverage shall be at least as broad as: 1.1 Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 1.2 Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Developer owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 1.3 Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. !ftheDeveloper has no employees while performing under this Agreement, worker's compensation insurance is not required, but Developer shall execute a declaration that it has no employees. Minimum Limits of Insurance. Developer shall maintain limits on the policies described in Subsection a. of no less than: 2.1 2.2 2.3 General Liability: Two million dollars ($2,000,000) 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 projecfflocation 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. Workers' Compensation as required by the State; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 3 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 Developer shall 636611.3 Mn)' 22, 2001 -9- procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 4.1 The City, its officers, officials~ employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Developer; products and completed operations of the Developer; premises owned, occupied or used by the Developer; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. 4.2 For any claims related to this project, the Developer'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 Developer's insurance and shall not contribute with it. 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. 4.4 The Developer'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. 4.5 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 to the City by certified mail, return receipt requested, has been given to the City. 4.6 Insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 4.7 636611.3 May 22, 2001 Developer shall fumish 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 Developer's insurer may provide complete, certified copies of all required ifi-surance p61icies, 'ifldluding endorsements cf footing the coverage-required by these specifications. -10- ITEM 22 APPROVAL CITYATTORNEY DIRECTOROFFINANC~ CITY MANAGER TO: FROM: DATE: SUBJECT: ClTY OFTEMECULA AGENDA REPORT City Manager/City Council William G. Hughes, Director of Public Works/City Engineer June 12, 2001 Tract Map Numbers 24136, 24136-2, 24136-3, 24187, located North of De Portola Road, West of Meadows Parkway, East of Margarita Road and South of Pio Pico, Montelegro and Leena Way and within Paloma Del Sol Specific Plan No.219, now conform with their original approvals. PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Reza James, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Maps No. 24136, 24136-2, 24136-3, 24187 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreements 3) Subdivision Monument Agreements and accept the Faithful Performance Bonds, Labor and Material Bonds and Monument Bonds as security for the agreements. BACKGROUND: Tract Map No. 24136, 24136-2, 24136-3, 24187 are located within Planning Area 8 of the Paloma Del Sol Specific Plan No. 219. The Developer has met all of the Conditions of Approval. Final Tract Map No. 24136 is an eighty four (84) lot single family residential subdivision with four (4) open space lots. Final Tract Map No. 24187 is a ninety-two (92) lot single family residential subdivision with three open space lots. Final Tract Map No. 24136-2 is a seventy four (74) lot single family residential subdivision with three (3) open space lots. Final Tract Map No. 24136-3 is a seventy four (74) lot single family residential subdivision with two (2) open space lots. The tracts are located north of De Portola Road, west of Meadows Parkway, east of Margarita Road and south of Pio Pico, Montelegro and Leena Way and within Planning Area 8 of the Paloma Del Sol Specific Plan. These final maps are in conformance with the approved tentative map. The approval of a final subdivision map which substantially complies with the previously approved tentative map is a mandatory ministerial act under State law. FISCAL IMPACT: None ATTACHMENTS: individual Reports r:~agdrpt~2001\0612\tr24136 Tract Map 24136 r:\agdrpt~2001\O612\tr24136 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24136 The following fees were reviewed by Staff relative to their applicability to this project. FEE Development Impact Fee Quimby Fee RCFCD (ADP) Fee CONDITIONS OF APPROVAL to be paid prior to issuance of certificate of Occupancy N/A N/A r:~agd rpt"2.001\0612\t r24136 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24136 DATE. June 12, 2001 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR MONUMENT SECURITY SECURITY SECURITY Streetand Drainage $ 532,500 $ 266,250 Water $ 144,000 $ 72,000 Sewer $ 133,500 $ 66,750 TOTAL $ 810,000 $ 405,000 $ 22,100 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. $ 0.00 $ N/A $ TBD* $ 183.00 $ 8.00 $ 2,470.00 $ 1,105.00 $ 3,766.00 $ o.oo r:~gdrpt~001 \0612\tr24136 PROJEC1 SI. TE W W g\ ,or Tract Map 24136-2 2 r:~agdrpt~2001\0612\tr24136 CiTY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24136-2 The following fees were reviewed by Staff relative to their applicability to this project. FEE Development Impact Fee Quimby Fee RCRCD (ADP) CONDITIONS OF APPROVAL to be paid prior to issuance of certificate of occupancy N/A N/A 3 r:~agdrpt~001\0612\tr24136-2 CiTY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24136-2 DATE: June 12, 2001 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR MONUMENT SECURITY SECURITY SECURITY Street and Drainage $ 815,500 $ 407,750 Water $ 176,500 $ 88,250 Sewer $ 139,500 $ 69,750 TOTAL $ 1,131,500 $ 565,750 $ 19,500 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. $ 0.00 $ N/A $ TBD* $ 178.00 $ 8.OO $ 2,29O.OO $ 975.OO $ 3,451.00 $ o.oo 3 r:~agdrpt~2001\0612\tr24136-2 PROJE[ SI. TE ..~ / / Tract Map 24136-3 3 r:\agdrpt~O01\0612\tr24136 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24136-3 The following fees were reviewed by Staff relative to their applicability to this project. FEE Development Impact Fee Quimby Fee RCFCD (ADP) Fee CONDITIONS OF APPROVAL to be paid prior to issuance of certificate of occupancy N/A N/A 3 r:~agdrpt~001 \612\tr24136-3 CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT DATE: June 12, 2001 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR MONUMENT SECURITY SECURITY SECURITY Streetand Drainage $ 612,500 $ 306,250 Water $ 156,000 $ 78,000 Sewer $ 155,000 $ 77,500 TOTAL $ 923,500 $ 461,750 $ 20,020 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due *To Be Determined. $ 0.00 $ N/A $ TBD* $ 179.00 $ 8.00 $ 2,310.00 $ 1,001.00 $ 3,498.00 $ 0.oo 4 r:~agd rpt~2001\612\tr24136-3 ¥~$TA SI. TE / / 3O L Tract Map 24187 4 r:\agdrpt~2001\O612\tr24136 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 24187 The following fees were reviewed by Staff relative to their applicability to this project. FEE Development impact Fee CONDITIONS OF APPROVAL To be paid prior to issuance of a building permit 3 r:~gdrpt~001\0612\tm24187.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 24187 DATE: June 12, 2001 IMPROVEMENTS FAITHFUL PERFORMANCE MATERIAL & LABOR SECURITY SECURITY In Tract Improvements Street and Drainage $ 500,500 $ 250,250 Water $ 178,500 $ 89,250 Sewer $ 179,000 $ 89,500 TOTAL $ 858,000 $ 429,000 Sunny Meadows Drive Improvements Street and Drainage $ 391,000 $ 195,500 Water $ 101,000 $ 50,500 Sewer $ 9,500 $ 4,750 Signing & Striping $ 16,500 $ 8,250 TOTAL $ 518,000 $ 259,000 Meadows Parkway Improvements Medians $ 61,000 $ 30,500 TOTAL $ 61,000 $ 30,500 Monuments $ 23,000 DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ N/A $ *TBD $ 196.00 $ 8.oo $ 2,65O.00 $ 1,150.00 $ 4,0O4.OO $ o.oo r:~agdrpt~O01\0612\tm24187.map CALIFORNIA ?T SITE VICINITY blip ?RAC? NO. 24 GRAPHIC SCALE , ? TRACT NO. 24187 BOUNDARY AND INDEX MAP GRAPHIC SCALE 203 / / LOT LoT ITEM 23 ORDINANCE NO. 01-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.18 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING LIABILITY TO PERSONS WHO ARE RESPONSIBLE FOR LOUD OR UNRULY ASSEMBLIES WHICH CAUSE DISTURBANCES OF THE PEACE AND PROVIDING FOR RECOVERY OF LAW ENFORCEMENT COSTS IN CONNECTION WITH SUCH ASSEMBLIES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 9.18, Loud and Unruly Assemblies, is hereby added to Temecula Municipal Code to read as follows: "Chapter 9.18 "Loud and Unruly Assemblies "9.18.010 Notice of Personal Liability for Costs of Special Security Assi,qnment a. Whenever a police officer responds to a loud or unruly assembly at any premises within the City and determines that there is reasonable cause to believe that the assembly constitutes a violation of Penal Code Sections 408, 409, 415 or 416, the Responsible Person shall be held personally liable for the costs of providing police personnel and services on the second and subsequent responses of the police to the premises, within twenty-four (24) hours of the first response, to control the assembly. "Responsible Person" shall mean: (1) The owner or owners of the premises; (2) the person or persons in charge of the premises; (3) the person or persons responsible for the assembly; or (4) the parents or guardians of any such person or persons described in (1), (2) or (3), if said person is a person under the age of 18. b. The Responsible Person shall be given a first warning, in the form of notification by a police officer on the scene that the initial police response shall be deemed to be the normal police services provided as described in subsection a. In the event the Responsible Person cannot be located at the time of the first response, the police officer shall post a written notice on the front door or primary entry door to the premises or upon the premises if no structure exists on it, that the initial police response shall be deemed to be the normal police services provided as described in subsection a, which shall constitute a first warning within the meaning of this section. c. The police personnel utilized after the first warning to control the assemblage shall be deemed to be on special security assignment over and above the normal services provided to the premises. R:/Ords2001\01-06 1 "9.18.020 Fees and Costs for Special Security Assiqnments a. The costs of the special security assignment described in Section 9.18.010 shall include personnel and equipment costs expended during the second and any subsequent returns to the premises. Fees and costs shall be established by administrative order of the City Manager and shall not exceed the reasonable costs of providing such services. In addition, such costs may include the cost of repair or replacement of damaged property owned by the City of Temecula or the County of Riverside or the costs of injuries to personnel of the City of Temecula or the County of Riverside arising out of the second and subsequent returns to the premises. b. All fees and charges levied for the services described in Section 9.18.010 shall be due and payable upon presentation of a bill. c. All fees and charges for such services shall constitute a valid and existing debt in favor of the City and against the Responsible Person to whom such services were rendered, and an immediate cause of action shall accrue to the City for the collection thereof in any court of competent jurisdiction. The City shall have the right to assign said rights for the collection of such debt to the County of Riverside or to any other person. d. Collection pursuant to this Chapter is not intended to be the exclusive remedy available to the City relating to the circumstances which gave rise to the need for police response to the premises and City retains all available remedies, both criminal and civil, to deal with such circumstances. "9.18.030 Notice and Hearinq to Determine Reasonableness of Char.qes. a. The bill for services pursuant this Chapter shall be served upon the Responsible Person at the address of the premises or such other address as the Responsible Party has given to the police or the City. Said bill shall be deemed served upon the Responsible Person upon the earliest date of: (1) Personal service upon the Responsible Person; or (2) five (5) business days following deposit of the bill in United States Mail, addressed to the Responsible Person with first class postage prepaid. b. The Responsible Person charged pursuant to this Chapter shall have five (5) days after the date of service of the bill to file a written request with the Chief of Police for a hearing to determine the reasonableness of the charges. c. Upon receipt of such request, the Chief of Police or his or her designee shall give the Responsible Person not less than seven (7) days written notice of the time and place of the hearing to determine the reasonableness of the fees and charges. d. The hearing shall be conducted by the Chief of Police or his or her designated representative, who shall act as the Hearing Officer. The hearing shall be conducted within twenty-one (21) days following the filing of the request for hearing. The Hearing Officer shall consider all relevant evidence, including but not limited to applicable staff and pblice reports. The Hearing Officer shall give the Responsible Person, or his or her representative, and interested persons the opportunity to be heard in conjunction therewith. Based upon the evidence presented, the Hearing Officer shall determine the reasonableness of the fees and charges imposed. The Hearing Officer R:/Ords2001\01-06 2 shall serve written notice of his or her decision to the Responsible Party by personal service of such decision or mailing such decision to the Responsible Person in accordance with the procedures for service set forth in subsection a. e. The decision of the Hearing Officer shall be final and conclusive in the absence of an appeal as provided in subsection f. f. The Responsible Person may appeal the decision of the Hearing Officer to the City Manager. The appeal shall be filed with the City Clerk within ten (10) days following the date of service of the Hearing Officer's decision on the Responsible Party. The City Manager's review of the decision of the Hearing Officer shall be limited to the record of the hearing before the Hearing Officer. The City Manager shall afford the Responsible Party an opportunity to be heard on the issues, but no new evidence shall be introduced before the City Manager. Such opportunity to be heard before the City Manager shall be held within fifteen (15) days following the date the notice of appeal is received and the City Manager shall provide the Responsible Person not less than seven (7) days notice prior the hearing. The City Manger shall issue a written decision within five (5) days of the conclusion of the City Manager's hearing on the issues. g. The decision of the City Manager shall be final and conclusive and no further administrative appeals shall be allowed." Section 2. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 3. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 12th day of June, 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] R:/Ords2001\01-06 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, DO HEREBY CERTIFY that the foregoing Ordinance No. 01-06 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 22"d day of May, 2001 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 12th of June, 2001, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords2001\01-06 4 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 ~ , MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT MARCH 27, 2001 A regular meeting of the City of Temecula Community Services District was called to order at 8:30 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Stone presiding. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Naggar, Pratt, Roberts, and Stone ABSENT: 0 DIRECTORS: None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Award of Construction Contract for the Rancho California Sports Park Culvert Modification Proiect - Project No. PW00-23CSD RECOMMENDATION: 1.1 Award a contract for the Rancho California Sports Park Culvert Modification Project - Project No. PW00-23CSD to KEC Engineering for $59,750.00 and authorize the President to execute the contract; 1.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $5,975.00 which is equal to 10% of the contract amount; 1.3 Approve an appropriation of $25,000.00 from Development Impact Fees - Park and Recreation for the Rancho California Sports Park Culvert Modification Project. MOTION: Director Comerchero moved to approve Consent Calendar Item No. 1. The motion was seconded by Director Roberts and voice vote reflected approval with the exception of Director Naggar who abstained. DEPARTMENTAL REPORT No additional comments. Minutes.csd\032701 I DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Parker invited the community to the upcoming Sports Park Workshop, on Saturday, April 7, 2001, at 9:00 A.M., at City Hall, in the City Council Chambers. GENERAL MANAGER'S REPORT Commending Community Services Director Parker and the Community Services Department staff on a job well done, General Manager Nelson advised that the City had received four State-wide awards at the California Parks and Recreation Society Annual Conference for the following: · two First Place Awards for the Annual Recreation Brochure and the High Hopes Video Program · one Second Place Award for the High Hopes Program · one Second Place Award for the marketing campaign for the Temecula Valley Museum BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:33 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, April 10, 2001, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Jeffrey E. Stone, President Susan W. Jones, CMC City Clerk/District Secretary [SEAL] Minutes,csd\032701 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT APRIL 10, 200t A regular meeting of the City of Temecula Community Services District was called to order at 8:34 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: Comerchero, Naggar, Pratt, Roberts, and President Stone. ABSENT: 0 DIRECTORS: None. Also present were General Manager Nelson, Assistant City Attorney Curley, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Completion and Acceptance for the Rancho California Sports Park Desiltation Project - 2 R:\Minutes\041001 Project No. PW00-01CSD RECOMMENDATION: 1.1 Accept the Rancho California Sports Park Desiltation Project - Project No. PW00-01CSD as complete; 1.2 File a Notice of Completion, release the Performance Bond, and accept a one- year Maintenance Bond in the amount of 10% of the contract; 1.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. It was noted that Director Naggar abstained from this item. Ratification of Election Results - Tract No. 29286 RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. CSD 01-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT RECITING THE FACT OF THE SPECIAL TEMECULA COMMUNITY SERVICES DISTRICT MAIL-IN BALLOT ELECTION HELD ON APRIL 5, 200'1 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 1 3 Authorization to Release a Formal Bid for the Chaparral High School Aquatic Facility Proiect RECOMMENDATION: 3.1 Approve the Plans and Specifications and authorize the release of a formal public bid for the Chaparral High School Aquatic Facility Project. MOTION: Noting that he would be abstaining from Consent Calendar Item No. 1, Director Naggar moved to approve Consent Calendar Item Nos. 2, and 3. The motion was seconded by Director Comerchero and voice vote reflected unanimous approval. MOTION: Director Comerchero moved to approve Consent Calendar Item No. 1. The motion was seconded by Director Roberts and voice vote reflected approval with the exception of Director Naggar who abstained. DIRECTOR OF COMMUNITY SERVICES REPORT No input. GENERAL MANAGER'S REPORT No input. BOARD OF DIRECTORS' REPORTS A. Director Naggar congratulated Director of Community Services Director of Community Services Parker, and the Community Services Departmental staff for the awards presented earlier this evening. ADJOURNMENT At 8:36 P.M., the Temecula Community Services District meeting was formally adjourned to next regular meeting on Tuesday, April 24, 2001, scheduled to follow the City Council Consent Calendar in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] R:\Minutes\041001 2 ITEM 2 A p p ROV~j~.,6~ ,~ CITY ATTORNEY DIRECTOR OF FINAClCE__~__~_ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OFTEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services June 12, 2001 Inclusion of Tracts into Service Level B and Acceptance of Slope Easement Areas into Service Level C for Fiscal Year 2001-2002. PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 2001-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS INCLUDING VAIL RANCH INTO TCSD SERVICE LEVEL B FOR PURPOSES OF ENERGIZING RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2001-2002. 2. Adopt a resolution entitled: RESOLUTION NO. CSD 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN SLOPE AND LANDSCAPE AREAS WITHIN VARIOUS TRACTS INCLUDING VAIL RANCH INTO SERVICE LEVEL C FOR MAINTENANCE PURPOSES BEGINNING FISCAL YEAR 2001-2002. 3. Authorize the City Clerk/District Secretary to record the slope easement documents. BACKGROUND: Prior to the beginning of each new fiscal year, applications are reviewed regarding the acceptance of perimeter slope areas, residential street lighting, and the inclusion of additional subdivisions into existing TCSD maintenance programs. Energy costs for residential street lighting is provided through Service Level B and perimeter slope and landscape areas are maintained through Service Level C. For Fiscal Year 2001-2002, twenty-eight (28) and the parcels within those tracts will be levied within the Service Level B Rates and Charges at $25.68 per parcel, as follows: Tract No. 23100-08 Tract No. 23173-00 Tract No. 23173-01 Tract No. 23173-02 Tract No. 23173-03 Tract No. 23173-04 Tract No, 23174-01 Tract No. 23174-02 Tract No. 23174-03 Tract No. 23174-04 Tract No. 23174-05 Tract No. 23174-06 Tract No. 23371-00 Tract No. 23371-08 Tract No. 24182-03 Tract No. 24182-04 Tract No. 24183-01 Tract No. 24188-01 Tract No. 28480-00 Tract No. 28482-00 Tract No. 28482-01 Tract No. 28482-02 Tract No. 28482-03 Tract No. 28526-00 Tract No. 28810-00 Tract No. 29033-00 Tract No. 29036-00 Tract No. 29286-00 In addition, the following tracts and Vail Ranch area have completed the necessary Proposition 218 proceedings for the transfer of perimeter landscaping into the TCSD maintenance program beginning Fiscal Year 2001-2002. The landscaping has been inspected and approved by the TCSD Maintenance Superintendent. The proposed inclusion of this area in to Service Level C, will result in the annual levy of various amounts, as noted below, per residential parcel within the various tracts. Rate Level #3 - $116.00 Tract No. 29286-00 Rate Level #4 - $175.00 Tract No. 23143-02 Tract No. 23143-03 Tract No. 23143-04 Rate Level #5 - $70.00 Tract No. 23371-00 Tract No. 23371-01 Tract No. 23371-02 Tract No. 23371-03 Tract No. 23371-04 Tract No. 23371-05 Tract No. 23371-06 Tract No. 23371-07 Tract No. 23371-08 Tract No. 23371-09 Tract No. 23371-10 Tract No. 23371-11 Tract No. 23371-14 Tract No. 23371-15 Tract No. 28482-00 Tract No. 28482-01 Tract No. 28482-02 Tract No. 28482-03 Tract No. 28526-00 Tract No. 29033-00 Rate Level #6 - $225.00 Tract No. 28510-00 Tract No. 28510-01 Tract No. 28510-02 Tract No. 28510-03 Rate Level #7 - $129.00 (New Level for Vail Ranch) Tract No. 23173-00 Tract No. 23173-01 Tract No. 23173-02 Tract No. 23173-03 Tract No. 23173-04 Tract No. 23174-01 Tract No. 23174-02 Tract No. 23174-03 Tract No. 23174-04 Tract No. 23174-05 Tract No. 23174-06 Tract No. 28480-00 Tract No. 28832-00 FISCAL IMPACT: Acceptance of the aforementioned tracts and the parcels within those tracts into the appropriate service levels has been incorporated into the TCSD budgets for Service Level B and C for Fiscal Year 2001-2002. AI-rACHMENTS: Resolution to accept certain tracts into Service Level B. Resolution to accept certain slopes into Service Level C RESOLUTION NO. CSD 2001-.__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN TRACTS INCLUDING VAIL RANCH INTO TCSD SERVICE LEVEL B FOR PURPOSES OF ENERGIZING RESIDENTIAL STREET LIGHTS BEGINNING FISCAL YEAR 2001-2002. THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES RESOLVE AS FOLLOWS: Section 1. The Board of Directors does hereby find and determine as follows: A. The Temecula Community Services District has assumed costs associated with energizing the street lighting within the following residential Tracts No.: Tract No. 23100-08 Tract No. 23173-00 Tract No. 23173-01 Tract No. 23173-02 Tract No. 23173-03 Tract No. 23173-04 Tract No. 23174-01 Tract No. 23174-02 Tract No. 23174-03 Tract No. 23174-04 Tract No. 23174-05 Tract No. 23174-06 Tract No. 23371-00 Tract No. 23371-08 Tract No. 24182-03 Tract No. 24182-04 Tract No. 24183-01 Tract No. 24188-01 Tract No. 28480-00 Tract No. 28482-00 Tract No. 28482-01 Tract No. 28482-02 Tract No. 28482-03 Tract No. 28526-00 Tract No. 28810-00 Tract No. 29033-00 Tract No. 29036-00 Tract No. 29286-00 B. The Temecula Community Services District is currently providing residential street lighting services within these subdivisions through Service Level B; and C. The Temecula Community Services District is the authorized legislative body to accept the responsibility of energizing residential street lights within the City of Temecula. Section 2. The Board of Directors of the Temecula Community Services District hereby accepts the aforementioned residential tracts into the Service Level B rate level for residential street lighting services beginning Fiscal Year 2001-2002. Section 3. The Secretary shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District at a regular meeting held on the 12th of June, 2001. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution No. CSD 2001-.__ was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held on the 12th day of June, 2001, by the following vote of the Board of Directors, AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: ABSTAIN: DIRECTORS: RESOLUTION NO. CSD 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACCEPTING CERTAIN SLOPE AND LANDSCAPE AREAS WITHIN VARIOUS TRACTS INCLUDING VAIL RANCH INTO SERVICE LEVEL C FOR MAINTENANCE PURPOSES BEGINNING FISCAL YEAR 2001-2002. THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES RESOLVE AS FOLLOWS: Section 1. The Board of Directors does hereby find and determine as follows: A. The conditions of approval for various tracts (see EXHIBIT A) required the developer to improve the perimeter slopes and landscaping as part of the overall subdivision improvements; and, B. The annexation of the Vail Ranch area will become effective on July 1, 2001. The perimeter slopes and parkways being maintained by CSA 143 will become the responsibility of the Temecula Community Services District, and C. The annual parcel charges for perimeter landscaping and slope maintenance services pursuant to Proposition 218, were established by the majority of the property owners of the various tracts, and D. The Temecula Community Services District is the existing authorized iegislative body authorized to provide maintenance of perimeter slope and landscape areas within the aforementioned developments. Section 2. hereby accepts: The Board of Directors of the Temecula Community Services District A. The offer of dedication for the improved slopes and perimeter landscaping within tracts identified in EXHIBIT A, and B. The inclusion of said area into the Service Level C rate level for maintenance purposes beginning Fiscal Year 2001-2002, more particularly described in Exhibit B attached hereto and incorporated into this resolution by reference. Section 3. The Secretary shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District at a regular meeting held on the 12th of June, 2001. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution No. CSD 2001-.__ was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held on the 12th day of June, 2001, by the following vote of the Board of Directors. AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: ABSTAIN: DIRECTORS: Rate Level #3 - $116.00 Tract No. 29286-00 Rate Level #4 - $175.00 Tract No. 23143-02 Tract No. 23143-03 Tract No. 23143-04 Rate Level #5 - $70.00 Tract No. 23371-00 Tract No. 23371-01 Tract No. 23371-02 Tract No. 23371-03 Tract No. 23371-04 Tract No. 23371-05 Tract No. 23371-06 Tract No. 23371-07 Tract No. 23371-08 Tract No. 23371-09 Tract No. 23371-10 Tract No. 23371-11 Tract No. 23371-14 Tract No. 23371-15 Tract No. 28482-00 Tract No. 28482-01 Tract No. 28482-02 Tract No. 28482-03 Tract No. 28526-00 Tract No. 29033-00 Rate Level #6 - $225.00 Tract No. 28510-00 Tract No. 28510-01 Tract No. 28510-02 Tract No. 28510-03 EXHIBIT A Date Final Map Recorded 12/07/00 07/01/99 07/01/99 07/01/99 02/29/OO 04/05/90 06/11/90 08/07/90 08/07/90 09/10/90 09/15/97 02/17/98 02/29/00 09/14/98 09/14/98 12/01/98 06/29/98 09/20/96 12/22/00 04/13/00 04/13/00 08/14/O0 12/21/98 04/22/99 08/30/00 08/30/00 08/30/00 08/30/00 Election Date 04/05/01 06/02/99 06/02/99 06/02/99 O2/28/0O 02/28/00 02/28/0O 02/28/O0 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 02/28/00 05/11/00 05/11/00 05/11/00 05/11/00 Rate Level #7 - $129.00 (New Level for Vail Ranch) Area to be Annexed into the City of Temecula effective July 1, 2001 Tract No. 23173-00 Tract No. 23173-01 Tract No. 23173-02 Tract No. 23173-03 Tract No. 23173-04 Tract No. 23174-01 Tract No. 23174-02 Tract No. 23174-03 Tract No. 23174-04 Tract No. 23174-05 Tract No. 23174-06 Tract No. 28480-00 Tract No. 28832-00 Exhibit B VICINITY MAP FOR TCSD PERIMETER SLOPE AND LANDSCAPE AREAS r'O' 0 .... ~ I I r~~ I ' ~ ~- · ~:~" : .L .:.' ....'" · ,- ~i ~ STREET ~ o~ ,I!-.4 ...... _'--_'~ '"' ~.I.. .~. , ~ ....... ..I. ,_,,,~,,.I o__,=11 ,- I .-~F~ ,' ,01'_ ,,. ,;k,_~___j............<<---.fl .., '". STREE. T; ;'A ~-- ........ 99999999 --. z ~ 0 0 LU UJ ~ 0 0 0 ~ ~o~ ~o o L):LO. OD : COURT DRIVE ITEM 3 APPROVAL CiTY ATTORNEY l~, ,//~./I FINANCE DIRECTO.~~ CITY MANAGER TO: FROM: DATE: SUBJECT: ClTY OFTEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Servicest~~ June 12, 2001 Amendment to the Landscape Maintenance Contract with Excel Landscape, Inc. for FY2001-02 PREPARED BY: Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: That the Board of Directors: 1. Approve the Landscape Maintenance Services Contract Amendment with Excel Landscape, Inc' to extend the term of the Agreement to June 30, 2003, allow for the addition of supplemental landscape maintenance areas and establish set prices for the addition of unforeseen areas. 2. Authorize the expenditure of funds in the amount of $1,106,100 for the base c°ntract and an additional amount not to exceed $32,200 for the supplemental and new areas that may be brought on line during the term of the contract. 3. Approve contingency of 10% in the amount of $114,000 for extra work items. BACKGROUND: Excel Landscape, Inc. (Excel) has been providing landscape maintenance services for the City under this agreement since July 1, 1997. At the start of this contract Excel only provided maintenance services for approximately half of the City's sites. However, due to their exceptional performance over the past several years, they have assumed the landscape maintenance responsibilities of all City sites. Excel has consistently provided excellent service to the City and the residents of Temecula. Staff is requesting that the term of the agreement for landscape maintenance services be extended for an additional two years, until June 30, 2003. Excel has agreed to hold their current costs for the next two years on all existing maintenance areas. They have also utilized those base costs to establish costs for the new maintenance areas that will be added to the agreement effective July 1, 2001. Additional areas include Temeku Hills, Crowne Hill and Campos Verdes developments. The City will be annexing the Vail Ranch area as well. Excel currently maintains the Vail Ranch area for County Service Area 143. Their experience and knowledge of the Vail Ranch area will be a very valuable asset to the City. The information they will provide the City regarding general site conditions, problem areas, drainage issues, irrigation controller issues, to name a few, will assist us in providing a smooth transfer of the maintenance responsibilities from County Service Area 143 to R:~IARRINGK~AGENDA.RPT~Excel Amendment 9 FY 01-02.doc the City. The experience that Excel has with the current site conditions will greatly assist the City with the planning and implementation our rehabilitation program that is required to bring the site up to the City of Temecula standard. Additionally, if the term of the agreement is extended, Excel has also requested that the City allow them to remove and replace approximately sixty (60) ageing irrigation controllers throughout various City maintained slope areas and replace them with Evapotranspiration (Eto) based, state of the art. water saving irrigation controllers. This exchange would be done at no cost or obligation to the City. The replacement controllers should greatly enhance our water conservation efforts. If the new controllers prove to be unsuccessful, Excel will remove them and replace the old controllers upon our request. The new controllers have been installed at a two City sites for testing and are currently performing quite well, The amendment also has provisions that will allow for the addition of supplemental landscape maintenance contract areas and unforeseen areas to come on line during the remaining term of the agreement. The base contract amount is $1,106,100 and the amount for the supplemental areas and new areas is $32,200. In addition to the General Landscape Maintenance Services Expenditure and the Supplemental Areas the TCSD is requesting the approval of a 10% contingency in the amount of $114,000 for extra work items. The required extra work items may include repairing, rehabilitating and improving City sites, FISCAL IMPACT: The amount of the contract for Excel Landscape, Inc. including the supplemental and new areas to be added during the term of the contract and the contingency for Fiscal Year 2001-02 is $1,252,300. Sufficient funds have been included in the TCSD Annual Operating Budget for Fiscal Year 2000-01 in accounts 190-180, 190-181,190-182, 190-184, 190- 185, 193-180, 340-701,340-702, 001-164 and 001-171. ATTACHMENTS: Original Agreement Eight (8) Subsequent Amendments Amendment No. 9 R:~kRRINGKLn_G ENDA.RPT~Excel Amendment 9 FY 01-02.doc AMENDMENT NO. 9 TO AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE DATED JUNE 24, 1997 FOR LANDSCAPE MAINTENANCE SERVICES THIS NINTH AMENDMENT is made and entered into as of June 12, 2001, by and between the Temecula Community Services District ("District") and Excel Landscape, Inc., a California corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes, which the parties agree are true and correct: a. On June 24, 1997, the City and Contractor, for the benefit of the District, entered into an Agreement for landscape maintenance services within the City's greenbelts, landscape service areas, medians, open space areas, parks and rights -of-way. b. The original Agreement was amended on July 1, 1998, August 11, 1998, January 11, 1998, March 22, 1999, April 5, 1999, April 15, 1999, June 22, 1999 AND June 27, 2000, in order to add areas to the Contractor's Scope of Work. The June 24, 1997 Agreement, as amended, shall be referred to as the "Agreement." c. It is now the desire of the parties to amend this Agreement to extend the term of the Agreement for an additional period of two (2) years to June 30, 2003, provide for revisions to the areas to be maintained and establish pricing for maintaining these areas and new areas. 2. Exhibit A, Landscape Maintenance Contract Areas, attached to this Ninth Amendment, is hereby substituted in place of Exhibit A to the Agreement. 3. Exhibit B, Supplemental Landscape Maintenance Contract Areas, attached to this Ninth Amendment, is hereby substituted in place of Exhibit B to the Agreement. 4. District may add new areas to be maintained by Contractor in accordance with the specifications and terms of this Agreement. District shall pay contractor for such new areas at the rates set forth in Exhibit C. 5. The term of the Agreement is extended to June 30, 2003. 6. This Amendment shall be effective July 1, 2001. 7. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. 8. Pmhlhited lntereat. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. R:\HARRrNGK'~AGRE EMNT~Excel Landscape 5-01 Amend.9.doc Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title 1 of the Government Code of the State of California. 9. Written Nntiee Any written notice required to be given in any part of the Contract Departments shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the CITY addressed as follows: Herman D. Parker, Director of Community Services City of Temecula 43200 Business Park Drive Temecula, CA 92590 P.O. Box 9033 10. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeffrey E. Stone President Attest: Susan W. Jones, CMC City Clerk/District Secretary Approved As to Form: Peter M. Thorson City Attomey/District Counsel EXCEL LANDSCAPE, INC., a California Corporation By: Name: Title: By: Name: Title: (Two signatures of Corporate Officers is required). R:XHARRiNGKLa. GREEMNT~xcel Landscap~ 5-01 Amend.9.dcc Site # P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-9 P-10 P-Il P-12 P-13 P-14 P-15 P-16 P-17 P-18 P-19 EXHIBIT A Landscape Maintenance Contract Areas (Amended as of July 1, 2001) NEIGHBORHOOD PARKS SERVICE AREA Site Name Veterans Park Sam Hicks Monument Park Calle Aragon Park Bahia Vista Park Loma Linda Park Riverton Park John Magee Park Voorburg Park Nicolas Road Park Butterfield Stage Park Temecula Duck Pond Rotary Park Nakayama Park Winchester Creek Park Long Canyon Creek Park Vail Ranch Park A (Paseo Park) Vail Ranch Park B (Lot 115) Vail Ranch Park C (Lot169) Monthly Price Annual Price $1,550.00 $18,600.00 800.00 9,600.00 250.00 3,000.00 250.00 3,000.00 707.00 8,484.00 1,617.00 19,404.00 310.00 3,720.00 303.00 3,636.00 812.00 9,744.00 782.00 9,384.00 2,155.00 25,860.00 300.00 3,600.00 125.00 1,500.00 1,568.00 18,816.00 1,000.00 12,000.00 5,183.00 62,196.00 557.00 6,684.00 580.00 6,960.00 TOTAL ~18,8_49.00 $226,_188,00 EXHIBIT A, page 1 of 7 R:\HARRINGK\AGREEMNT\Excel Landscape 50I Amend 9.doc STREETSCAPE SERVICE AREA Site # Site Name SS-1 Via Eduardo Streetscape FC-1 Nada Lane Monthly Price $106.00 $i65.00 TOTAL $ 271.00 Annual Price $1,272.00 $1,980.00 $ 3,252.00 EXHIBIT A, page 2 of 7 R:\[IARR[NGK\AGREEMNT\Excel Landscape 5-01 Amend 9 doc SPORTS PARKS SERVICE AREA Site SP-I SP-2 SP-3 SP-4 SP-5 SP-6 Site Name Rancho California Sports Park Paloina Del Sol Park Pala Community Park Kent Hintergardt Park Margarita Community Park Temeku Hills Park Monthly Price $9,294.00 3,592.00 2,333.00 3,359.00 3,147.00 3,600.00 Annual Price $111,528.00 43,104.00 27,996.00 40,308.00 37,764.00 43,200.00 TOTAL ~25~325~.00 ~303~900.00 EXHIBIT A, page 3 of 7 R:\HARRINGK\AGREEMN [\Excel Landscape 5-01 Amend.9.doc MEDIANS SERVICE AREA Site # M-1 M-2 M-3 M-4 M-5 M-6 M~7 M-8 M-9 M-10 M-Il M-12 M-16 M-17 M-21 M-22 Site Name Monthly Price Rancho California Road Median $400.00 Ynez Road Median (Solana Way/Overland) 575.00 Butterfield Stage Road Median 150.00 Margarita Road Median at Rancho Cal. Rd I00.00 Margarita Road Median at 79 South 100.00 Margarita Road Median at Solana Ridge 50.00 Margarita Road Median at Tuscany Ridge 100.00 Margarita Road Median at Winchester Rd. 50.00 Margarita Road Median at Promenade Mall 300.00 Margarita Road Median at Avenida Sonoma 75.00 Winchester Road Median at Jefferson 100.00 Rancho California Rd. Median at Portafino 100.00 Rancho Cal. Rd. Median at Margarita Rd. 25.00 Pala Road Bridge Median at 79S 150.00 Margarita Road Median at Pauba Rd. 50.00 Meadows Parkway Median at RC Rd. 200.00 TOTAL $ 2,525.00 Annual Price $4,800.00 6,900.00 1,800.00 1,200.00 1,200.00 600.00 1,200.00 600.00 3,600.00 900.00 1,200.00 1,200.00 300.00 1,800.00 600.00 2,400.00 ~30~300.00 EXHIBIT A, page 4 of 7 COMMUNITY FACILITIES SERVICE AREA Site # F-I F-2 F-3 F-4 F-6 F-7 F-8 F-9 F-10 Site Name Community Recreation Center Senior Center City Hall/Maintenance Facility Temecula Community Center Fire Station #84 Old Town Parking Lot A Old Town Streetscape Temecula Valley Museum Old Town Parking Lot B Temecula Childrens Museum Monthly Price $1,444.00 361.00 541.00 193.00 40O.00 250.00 987.00 285.00 250.00 155.00 Annual Price $17,328.00 4,332.00 6,492.00 2,316.00 4,800.00 3,000.00 11,844.00 3,420.00 3,000.00 1,860.00 TOTAL $ 4,866.00 $ 58,392.00 EXHIBIT A, page 5 of 7 R:\HARRINGK\AGREEMNT\Excel Landscape 5-01 Amend.9.doc SLOPE SERVICE AREA (SOUTH) Site # S-3a S-3b S-4 S-8 S-12 S-13 S-16 S-20 S-21 Site Name Rancho Highlands Rancho Highlands - Ynez Road Slope The Vineyards The Villages A and B Vintage Hills Presley (Viranda, Country Glen, Bridlevale) Tradewinds Crown Hill Vail Ranch Monthly Price $515.00 1,000.00 255.00 4,734.00 4,600.00 1,408.00 863.00 1,428.00 10,753.00 Annual Price $6,180.00 12,000.00 3,060.00 56,808.00 55,200.00 16,896.00 10,356.00 17,136.00 129,036.00 TOTAL $__25,556,00 $ 306,672.00 EXHIBIT A, page 6 of 7 R:\HARRINGK\AGREEMNT\Excel Landscape 5-01 Amend 9.doc SLOPE SERVICE AREA (NORTH) Site # Site Name Monthly Price Annual Price S-1 Saddlewood/Pavillion Point $2,372.00 $28,464.00 S-2 Winchester Creek I and II 1,202.00 14,424.00 S-5 Signet Series 2,534.00 30,408.00 S-6 Woo&rest Country 559.00 6,708.00 S-7 Ridgeview 773.00 9,276.00 S-9 Rancho Solana 130.00 1,560.00 S-10 Martinique 355.00 4,260.00 S-11 Meadowview Estates 150.00 1,800.00 S-14 Mirada 394.00 4,728.00 S- 15 Barclay Estates 344.00 4,128.00 S- 17 Monte Vista 65.00 780.00 S-18 Temeku Hills 3,640.00 43,680.00 S-19 Campos Verdes 2,065.00 24,780.00 S-22 Lennar 195.00 2,340.00 TOTAL _$.~1~,778.00 $177,336.00 EXHIBITA a e7of7 R:\HARR[NGK\AGREEMNT\Excet Landscape 5-01 Amend 9.doc Site # M-13 M-14 M-15 M-18 M-19 M -20 M-23 M-24 EXHIBIT B Supplemental Landscape Maintenance Contract Areas (Amended as of July 1, 2001) MEDIANS SERVICE AREA Site Name Paseo Del Sol Median Islands Overland Dive Median at Ynez Rd. Margarita Rd. Median at Pio Pico Margarita Rd. Median at Date Street DePortola Rd. Median at Capanula PDS Butterfield Stage Rd. Median at Crown Hill Pala Rd. Medians Meadows Parkway Medians at Paseo Del Sol Monthly Price 500.00 100.00 200.00 100.00 100.00 100.00 250.00 200.00 TOTAL $ 1,_5~0~0 Annual Price 6,000.00 1,200.00 2,400.00 1,200.00 1,200.00 1,200.00 3,000.00 2,400.00 18,600.00 EXHIBIT B, page 1 of 2 Site # SS-2 SS-3 STREETSCAPE SERVICE AREAS Site Name Pauba Road Streetscape at Rancho Calif. Sports Park Rancho Calif. Rd. Streetscape at 1-15 Monthly Price $ 200.0O $ 100.00 _$~300.00 TOTAL Annual Price $ 2,400.00 $ 1,200.00 3,600.00 EXHIBIT B, page 2 of 2 EXHIBIT C New Landscape Contract Maintenance Services (Amended As of July 1, 2001) Maintenance Service Sports Park Maintenance (includes ballfield prep.) · Park Maintenance Slope Area Maintenance Slope Area Maintenance (turf) Median Maintenance Facility Maintenance Ballfield Preperation (single field) Ballfield Preperation (two field or more) Price per Square Foot Monthly Annually .OO85 / 0.102 .0100 / 0.12 .0070 / 0.084 .0100 / 0.12 .0200 / 0.24 .0200 / 0.24 45.00 per week (Monday thru Friday) 35.00 ea. per week (Monday thru Friday) EXHIBIT C, page 1 of 1 ITEM 4 APPROVAI~h ~ CITY ATTORNEY DIRECTOR OF FINANCI~'N--- CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Herman D. Parker, Director of Community Services.~ June 12, 2001 TCSD Proposed Rates and Charges for Fiscal Year 2001-2002 PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. CSD 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C - SLOPE MAINTENANCE, AND SERVICE LEVEL D RECYCLING AND REFUSE COLLECTION SERVICES FOR FISCAL YEAR 2001-2002. Adopt a resolution entitled: RESOLUTION NO. CSD 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL R - STREET AND ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2001-2002. BACKGROUND: The purpose of the TCSD Rates and Charges is to provide necessary community services and programs to property owners within the City of Temecula. The TCSD operates under the authority of Community Services District Law and its boundaries are the same as those of the City of Temecula. Property owners pay only for the TCSD services that they actually receive through separate rates and charges on their property tax bill. The Community Services, Parks and Recreation and Service Level A Rates and Charges previously levied by the TCSD were replaced by the City's Parks/Street Lighting Tax, approved by the voters as Measure C on March 4, 1997. Although the TCSD continues to operate and maintain the parks and recreational facilities through a cooperative agreement with the City, the actual levy budget for the special tax will be considered by the City Council on June 12, 2001. As a result, the TCSD is currently comprised of the following four (4) remaining service levels: Service Level B - Residential Street Liqhts. Operations, maintenance, utility costs and administration of residential street lighting. Service Level C - Perimeter Landscaping and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. Service Level D - Refuse Collection, Rec¥clinq and Street Sweepinq. Operation and administration of the refuse and recycling program, and street sweeping services for single family residences. Service Level R - Streets and Roads. Operations, construction, and maintenance of streets and roads throughout the City. Service Level "B" includes only those property owners within residential subdivisions that receive street lighting services. The proposed rate of $25.68 per property owner has not been increased from last fiscal year. Service Level "C" includes only those property owners within residential subdivisions receiving TCSD maintenance of slopes and perimeter landscaping. The six (6) rate levels for Service Level "C" will not increase from last year and a new rate ~evel will become effective July 1,2001 for Vail Ranch. The rate levels are identified as follows: Rate C-1: $ 46.00 Rate C-2: $ 89.00 Rate C-3: $116.00 Rate C-4: $175.00 Rate C-5: $ 70.00 Rate C-6: $225.00 Rate C-7: $129.00 Service Level "D" provides refuse, recycling and street sweeping services to all single family residential properties in the City of Temecula. The proposed rate of $172.56 per property owner has not been increased from last fiscal year. Service Level "R" includes only those parcels which receive services for the maintenance of certain unpaved roads that are washed out during rainstorms. The proposed rates for this service level will not increase from last year. The two (2) rate levels for Service Level R are identified as follows: Residential Rate R-l: $115.26 Vacant Rate R-l: $ 57.64 Residential Rate Ro2: $121.92 Vacant Rate R-2: $ 60.96 061300 R :\ya sinobk\TCS DLEV Y.2000bod The levy formula used to fund these services has not been changed from last fiscal year. Only those property owners who receive services from a particular service level pay for those services. In summary, the average single family residence receiving benefit from all service levels will not receive an increase in the TCSD Rates and Charges for Fiscal Year 2001-2002. The levy and collection of the TCSD Rates and Charges is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 21080 (b)(8) of the California Public 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 2001-2002 is $4,447,937.00. The revenue generated from the TCSD Rates and Charges will fund slope maintenance; residential street lighting; recycling and refuse collection services; and streets and road maintenance in the City of Temecula. ATrACHMENTS: Resolution No. CSD 2001-__ Service Levels B, C, and D. Resolution No CSD 2001-___ Service Level R. Final Annual Levy Report for Fiscal Year 2001-2002. R:\ya sinobk\TCS DLEVY.2000b od 061300 RESOLUTION NO. CSD 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C - SLOPE MAINTENANCE, AND SERVICE LEVEL D RECYCLING AND REFUSE COLLECTION SERVICES FOR FISCAL YEAR 2001-2002. THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1969, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes within the TCSD in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. By previous resolution, the TCSD proposed to continue such rates and charges for the operation, maintenance, service and administration of residential street lighting, slope maintenance, and recycling and refuse collection services for Fiscal Year 2001-2002. Section 3. Pursuant to Government Code Section 61621.2, the TCSD caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2001-2002. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided, including necessary staff and administrative expenses. A summary or the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. By previous resolution, the Board of Directors acknowledged the filing of the Report, and appointed a time and place for a public hearing on the Report and the proposed rates and charges. Notice of the public hearing was mailed and published as required by law and affidavits of publication and mailing are on file with the Secretary of the TCSD. Section 5. On June 12, 2001, the Board of Directors conducted a public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors heard and considered all oral and written objections, protests and comments by any interested person concerning the Report, the proposed rates and charges, and the method of collection of such rates and charges. Section 6. The Board of Directors hereby finds that, based on the Report and the District budget, the rates and charges as set out on Exhibit "A" do not exceed the reasonable cost of the services to be provided by the TCSD for Fiscal Year 2001-2002. Section 7. The Board of Directors hereby overrules any and all objections and protests and adopts the rates and charges for residential street lighting, slope maintenance, and recycling and refuse collection services for Fiscal Year 2001-2002 as set out on Exhibit "A" for the services to be provided by the TCSD for Fiscal Year 2001-2002. Section 8. The TCSD shall collect such rates and charges at the same time and in the same manner and by the same persons as, together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charge is tevied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbranoer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 9. If a property owner subject to these rates and charges questions the classification of the owner's property for Fiscal Year 2001-2002, or claims that an error has been made with respect to the implementation of the rates and charges or the application of the rates and charges to the owner's property for that fiscal year, such property owner must appeal the levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1,2001, pursuant to procedures established by the TCSD, in order to be considered under the appeal of classification or correction of errors program. Section 10. if a property owner subject to these rates and charges believes that payment of the rates and charges for Fiscal Year 2001-2002 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the TCSD Secretary before 5:00 p.m. on December 1,2001, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. Section 11. The TCSD Secretary is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 9, 2001, the Report and the property tax roll with such rates and charges enumerated for each parcel not exempt therefrom; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of all such rates and charges as shown on that roll and to perform any and all duties necessary therefor. Section 12. Pursuant to the California Environmental Quality Act, the levy and collection of th~se rates and charges is exempt from CEQA pursuant to California Public Resources Code Section 21080(b)(8) and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing improvements within the TCSD. Section 13. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 12~h day of June, 2001. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I HEREBY CERTIFY that the foregoing Resolution No. CSD 2001 - was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held on the 12th day of June, 2001, by the following vote of the Board of Directors. AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVELS Bi C1 AND D On July 1,2000, MuniFinancial, Inc. was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 2001-2002. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et seq., the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level, as follows: Service Level B - Residential Street Li.qhts. Operations, maintenance, utility costs and administration of all residential street lights. Service Level C - Perimeter Landscapinq and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD. Service Level D - Refuse Collection, Recyclin.q and Street Sweepinq. Operations and administration of the refuse and recycling program, and street sweeping services for all single-family residential homes. The Financial Analysis contained herein includes Service Levels B, C, and D with their total levy budgets for Fiscal Year 2001-2002 to be as follows: SERVICE LEVEL/LEVY BUDGET RATELEVEL PARCELCHARGE Service Level B $ 420,228 N/A $ 25.68 Service Level C $ 984,696 C-1 $ 46.00 C-2 $ 89.00 C-3 $116.00 C-4 $175.00 C-5 $ 70.00 C-6 $225.00 C-7 $129.00 Service Level D $3,030,326 $172.56 TOTAL TCSD LEVY FOR SERVICE LEVELS B, C, AND D: $ 4,435,250 RESOLUTION NO. CSD 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING RATES AND CHARGES FOR SERVICE LEVEL R - STREET AND ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2001-2002 THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICE DISTRICT HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Sections 61621 and 61621.2, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes within the TCSD in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. By previous resolution, the TCSD proposed to continue such rates and charges for the maintenance of streets and roads for Fiscal Year 2001-2002. Section 3. Pursuant to Government Code Section 61621.2, the TCSD caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD, which Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2001-2002. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided, including necessary staff and administrative expenses. A summary or the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. By previous resolution, the Board of Directors acknowledged the filing of the Report, and appointed a time and place for a public hearing on the Report and the proposed rates and charges. Notice of the public hearing was mailed and published as required by law and affidavits of publication and mailing are on file with the Secretary of the TCSD. Section 5. On June 12, 2001, the Board of Directors conducted a public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors heard and considered all oral and written objections, protests and comments by any interested person concerning the Report, the proposed rates and charges, and the method of collection of such rates and charges. Section 6. The Board of Directors hereby finds that, based on the Report and the District budget, the rates and charges as set out on Exhibit "A" do not exceed the reasonabie cost of the services to be provided by the TCSD for Fiscal Year 2001-2002. R:ksnfithb~Assessn~ntsXLll-02 Reso Rates & Charges.doc 06/12/01 Section 7. The Board of Directors hereby overrules any and all objections and protests and adopts the rates and charges for the street and road maintenance services for Fiscal Year 2001-2002 as set out on Exhibit "A" for the services to be provided by the TCSD for Fiscal Year 2001-202. Section 8. The TCSD shall collect such rates and charges at the same time and in the same manner and by the same persons as, together with and not separately from, the property taxes collected within the TCSD. These rates and charges shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such property taxes. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to these rates and charges, except for California Revenue and Taxation Code Section 4831. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 9. If a property owner subject to these rates and charges questions the classification of the owner's property for Fiscal Year 2001-2002, or claims that an error has been made with respect to the implementation of the rates and charges or the application of the rates and charges to the owner's property for that fiscal year, such property owner must appeal the levy by filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1,2001, pursuant to procedures established by the TCSD, in order to be considered under the appeal of classification or correction of errors program. Section 10. If a property owner subject to these rates and charges believes that payment of the rates and charges for Fiscal Year 2001-2002 would create a hardship for that property owner during that fiscal year, such property owner must appeal the levy by filing a hardship appeal with the TCSD Secretary before 5:00 p.m. on December 1,2001, pursuant to procedures established by the TCSD, in order to be considered under the hardship appeal program. .Section 11. The TCSD Secretary is hereby ordered to transmit or cause to be transmitted to the County Auditor of the County of Riverside, California before August 9, 2001, the Report and the property tax roll with such rates and charges enumerated for each parcel not exempt therefrom; and the County Auditor is hereby designated, required, empowered, authorized, instructed, directed and ordered to make collection of all such rates and charges as shown on that roll and to perform any and all duties necessary therefor. Section 12. Pursuant to the California Environmental Quality Act, the levy and collection of these rates and charges is exempt from CEQA pursuant to California Public Resources Code Section 21080(b)(8) and Section 15273 of the State Guidelines because the rates and charges are necessary to maintain existing improvements within the TCSD. Section 13. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 12th day of June, 2001. Jeffrey E. Stone, President ATTEST: Susan W. Jones, CMC/AAE City Clerk/District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OFTEMECULA) SS I HEREBY CERTIFY that the foregoing Resolution No. CSD 2001- was duly adopted by the Board of Directors of the Temecula Community Services District at the regular meeting thereof, held on the 12th day of June, 2001, by the following vote of the Board of Directors. AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL R On July 1,2000, MuniFinancial, Inc. was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 2001-2002. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et seq., the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific service level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level, as foIIows: Service Level R - Streets and Roads. Construction, installation, and maintenance of streets and roads. The Financial Analysis contained herein includes the Service Level R total levy budget for Fiscal Year 2001-2002 to be as follows: SERVICE LEVEL/LEVY BUDGET RATE LEVEL PARCELCHARGE Service Level R $12,687 TOTAL TCSD LEVY FOR SERVICE LEVEL R: $12,687 R-1 Improved $115.26 R-1 Unimproved $ 57.64 R-2 Improved $121.92 R-2 Unimproved $ 60.96 CITY OF TEMECULA ENGINEER'S ANNUAL LEVY REPORT Temecula Community Services District (TCSD) Fiscal Year 2001/2002 INTENT MEETING: PUBLIC HEARING: April 24, 2001 June 12, 2001 Corporate Office Regional Offices 28765 Single Oak Drive * San Diego, CA * Jacksonville, FL Suite 200 · Anaheim, CA · Kansas City, MO Temecula, CA 92590 · Lancaster, CA · Phoenix, AZ Tel: (909) 699-3990 · Industry, CA · Seattle, WA Tel: (800) 755-MUNI (6864) · Oakland, CA · Washington, DC Fax: (909) 699-3460 www.muni.com ENGINEER'S REPORT AFFIDAVIT Establishment of Annual Rates and Charges for the: Temecula Community Services District (TCSD) City of Temecula Riverside County, State of California This Report and the information contained therein reflect the proposed budget for each of the various services provided by the District and the rates and charges applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Board of Directors of the Temecula Community Services District. Dated this day of ., 2001. MuniFinancial District Engineer On Behalf of the City of Temecula and The Temecula Community Services District By: Jim McGuire Project Manager, District Administration Services By: Richard Kopecky R. C. E. # 16742 TABLE OF CONTENTS I. INTRODUCTION ...................................................................................................... 1 II. PLANS AND SPECIFICATIONS .............................................................................. 3 A. GENERAL DESCRIPTION OF THE DISTRICTAND SERVICES ........................................... 3 B. BUDGETAND LEVY SUMMARY ................................................................................... 3 C. DISTRICT SERVICES AND CHARGES ........................................................................... 5 III. CHANGES TO THE DISTRICT .............................................................................. 10 A. RECENT MODIFICATIONS TO THE DISTRICT (PRIOR TO 2001/2002) ........................... 10 B. MODIFICATIONS OF THE DISTRICT FOR FISCAL YEAR 2001/2002 ............................... 10 IV. DISTRICT BUDGETS ............................................................................................ 15 V. METHOD OF APPORTIONMENT .......................................................................... 18 APPENDIX A -- 2001/2002 COLLECTION ROLL ....................................................... 20 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 INTRODUCTION Upon incorporation of the City of Temecula ("City"), effective December 1, 1989, voters approved the formation of the Temecula Community Services-District ("District") to provide specified services to properties within its jurisdiction previously provided by the County of Riverside ("County"). The boundary of the District is coterminous with the City boundary and includes all parcels within the City with the City Council acting as the Board of Directors ("Board") for the District. The District collects property-related fees and charges ("Charges") in order to provide services and maintain the improvements within the District. The District was formed, and Charges are set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code ("CSD Law"). Each fiscal year, an Annual Levy Report is prepared, filed and approved by the Board. This Annual Levy Report describes the District, any changes to the District and the proposed Charges for the fiscal year. The Charges contained in the Annual Levy Report are based on the historical and estimated cost to service properties within the District. The services provided by the District and the corresponding costs are budgeted and charged as separate Service Levels and include all expenditures, deficits, surpluses, and revenues. Each parcel is charged for the services provided to the parcel. The District provides residential street lighting, perimeter landscaping and slope maintenance, and refuse collection in numerous residential developments as well as road improvement and maintenance within specified areas of the District. Pursuant to Government Code Sections 61621 and 61621.2, the District has prescribed, revised and collected rates and charges for residential street lighting (Service Level B), perimeter landscaping and slope maintenance (Service Level C), refuse collection (Service Level D), and road improvement and maintenance (Service Level R) services furnished by the District, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Sections 61765.2 to 61765.6, inclusive. Pursuant to Government Code Section 61621.2, this Engineer's Annual Levy Report ("Report") is prepared and presented to the Board to prescribe Service Level B, Service Level C, Service Level D and Service Level R Rates and Charges for the parcels and territories within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessment Number by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Assessment Numbers and MuniFinancial Page 1 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 specific Fund Numbers, to identify on the tax roll, properties charged for District services. A Public Hearing is held each year before the Board to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed Public Hearing, and review of the Engineer's Annual Levy Report, the Board may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the Charges, the Board shall order the levy and collection of Charges for Fiscal Year 2001/2002. In such case, the levy information will be submitted to the Riverside County Auditor/Controller, and included as Charges on the property tax roll for the various services provided in Fiscal Year 2001/2002. MuniFinancial Page Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 I1. PLANS AND SPECIFICATIONS General Description of the District and Services The boundary of the District is coterminous with the City boundary, and includes all parcels within the City of Temecula. The District provides certain property related services and improvements consisting of four (4) separate and distinct services referred to as Service Levels. Each parcel within the District is charged proportionately for only those services attributable to the parcel. Each Service Level has differing costs depending upon the services provided. All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are proportionately spread among all properties within that Service Level to which the service is provided. Services and improvements provided through the District include residential street lighting; perimeter landscape maintenance and slope protection; a refuse and recycling collection program; and road improvement construction and maintenance. The Service Levels are identified as follows: · Residential Street Lighting · Perimeter Landscaping and Slope Maintenance · Refuse Collection · Road Improvement and Maintenance B. Budget and Levy Summary Each Service Level provides different and specific services and improvements to various parcels within the District. Only the parcels that the services and improvements are provided for are included in each of the Service Levels. 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 parcels in that Service Level. 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 between developed and 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. MuniFinancial Page 3 0 'E'E'E a Temecula Community Services District Engineer's Annual Levy Repod Fiscal Year 2001/2002 C. District Services and Charges Service Level B, Residential Street Lighting -- includes all developed single family residential parcels and residential vacant pamels for which the District provides on-going servicing, operation, and maintenance of local street lighting improvements. The current rate and charges for Service Level B is $25.68 per residential pamel and shall be applied to parcels within the following Tracts and subdivisions for Fiscal Year 2001/2002. Service Level B Tracts 11087-01 20130-01 21082-04 22593-00 23101-04 23371-05 24185-01 11087-02 20130-02 21340-00 22593-01 23101-05 23371-06 24185-02 12189-01 20130-03 21340-01 22593-02 23101-06 23371-07 24186-01 12189-02 20130-04 21340-02 22627-00 23125-00 23371-08 24186-02 12189-03 20130-05 21340-03 22627-01 23125-01 23371-09 24186-03 12189-04 20130-06 21340-04 22715-00 23125-02 23371-10 24186-F 12189-05 20153-00 21340-05 22715-01 23125-03 23371-11 24188-01 12189-06 20154-00 21340-06 22715-02 23126-00 23371-14 24232-00 12189-07 20319-00 21340-07 22716-00 23128-00 23483-00 25004-01 13060-01 20643-00 21430-01 22716-01 23142-00 24131-00 27827-00 13060-02 20644-00 21561-00 22716-02 23143-02 24131-01 27827-01 13060-03 20703-01 21672-01 22716-03 23143-03 24131-02 27827-02 13060-04 20703-02 21672-02 22716-04 23143-04 24131-03 27827-03 13060-05 20703-03 21672-03 22761-00 23173-00 24132-00 28309-00 13060-06 20735-01 21672-04 22762-00 23173-01 24132-01 28480-00 13060-07 20735-02 21673-00 22786-00 23173-02 24133-00 28482-00 13060-08 20735-03 21673-01 22915-00 23173-03 24133-01 28482-01 18518-00 20735-04 21673-02 22915-01 23173-04 24133-02 28482-02 18518-01 20735-05 21673-03 22915-02 23174-01 24133-03 28482-03 18518-02 20735-06 21674-00 22915-03 23174-02 24133-04 28503-00 18518-03 20735-07 21674-01 22916-00 23174-03 24133-05 28510-00 18583-00 20735-08 21674-02 22916-01 23174-04 24134-00 28510-01 19872-00 20735-09 21674-03 22916-02 23174-05 24134-01 28510-02 19872-01 20848-00 21675-00 22916-03 23174~06 24134-02 28510-03 19872-02 20879-00 21675-01 22962-00 23177-00 24134-03 28526-00 19872-03 20879-01 21675-02 23100-01 23220-00 24135-00 28553-01 19872-04 20882-00 21675-03 23100-02 23267-00 24135-01 28553-F 19872-05 20882-01 21675-04 23100-03 23267-01 24135-02 28810-00 19939-00 20882-02 21675-05 23100-04 23267-02 24135-03 29033-00 19939-01 20882-03 21675-06 23100-05 23267-03 24182-01 29036-00 19939-02 20987-00 21760-00 23100-06 23267-04 24182-02 29286-00 20079-00 21067-00 21765-00 23100-07 23371-00 24182-03 PM 26488 20079-01 21082-00 22148~00 23100-08 23371-01 24182-04 PM 27493 20079-02 21082-01 22203-00 23101-01 23371-02 24183-01 PM 28122 20079-03 21082-02 22204-00 23101-02 23371-03 24184-01 20130-00 21082-03 22208-00 23101-03 23371-04 24184-F MuniFinancial Page 5 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 Service Level C, Perimeter Landscaping and Slope Maintenance -- includes all developed single family residential parcels and residential vacant parcels for which the District provides on-going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public right-of-ways and dedicated easements adjacent to and associated with certain tracts and subdivisions. The level of maintenance required within these tracts and subdivisions vary depending on operating costs, and therefore six (6) rate levels have been established within Service Level C. The rate and charges for each of the six service levels in Service Level C are as follows: · The approved rate for C-1 is $ 46.00 and is currently charged $46.00 · The approved rate for C-2 is $ 89.00 and ~s currently charged $89.00 · The approved rate for C-3 is $116.00 and ~s currently charged $116.00 · The approved rate for C-4 is $175.00 and ~s currently charged $175.00 · The approved rate for C-5 is $ 70.00 and ~s currently charged $70.00 The approved rate for C-6 is $225.00 and ~s currently charged $225.00 · The approved rate for C-7 is $129.00 and is currently charged $129.00 The current rate and charges for Service Level C is per residential parcel and shall be applied to parcels within the following Tracts and subdivisions for Fiscal Year 2001/2002. Service Level C Tracts Tract Name PRESLEY DEVELOPMENT 23267-00 26861-02 RANCHO SOLANA 22593-00 THE VINEYARDS 20879-00 MONTE VISTA 28309-00 Rate Level C-1 Tract Numbers 23267-01 23267-02 23267-03 23267-04 26861-03 22593-01 22593-02 20879-01 26861-00 26861-01 MuniFir~anci~l Page 6 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/5002 Tract Name MORRISON HOMES RIDGEVIEW WINCHESTER CREEK WOODCREST COUNTRY Rate Level C-2 Tract Numbers 22148-00 20735-07 20735-08 20736K)9 21764-00 20130-00 20130-01 20130-02 20130-03 21340-00 21340-01 21340-02 21340-03 21340-07 21561-00 22208-00 27493-PM 20130-04 20130-05 20130-06 21340-04 21340-05 21340-06 Tract Name MARTINIQUE 23128-00 RANCHO HIGHLANDS 20643-00 20644-00 21760-00 SADDLEWOOD 18518-00 18518-01 18518-02 VINTAGE HILLS 22715-00 22715-01 22715-02 22716-04 22915-00 22915-01 22916-02 22916-03 28122-PM LENNAR 29286-00 Rate Level C-3 Tract Numbers 22203-00 22204-00 22761-00 22762-00 18518-03 22716-00 22716-01 22716-02 22716-03 22915-02 22915-03 22916~0 22916K)1 Rate Level C-4 Tract Name Tract Numbers BARCLEY ESTATES 25004-01 MEADOW VIEW 21765-00 SIGNET SERIES 20882-00 20882-01 20882-02 20882-03 TRADEWINDS 23125-00 23125-01 23125-02 23125-03 VILLAGE GROVE 21672-01 21672-02 21672-03 21672-04 21673-00 21673-01 21673-02 21673-03 21674-00 21674-01 21674-02 21674-03 21675-00 21675-01 21675-02 21675-03 21675-04 21675-05 21675-06 CROWNE HILL 23143-02 23143-03 23143-04 MuniFinancial Page 7 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 Tract Name TEMEKU HILLS Rate Level C-5 Tract Numbers 23371-00 23371-01 23371-02 23371-03 23371-04 23371-05 23371-06 23371-07 23371-08 23371-09 23371-10 23371-11 23371-14 23371-15 28482-00 28482-01 28482-02 28482-03 28526-00 29033-00 Tract Name WOODSIDE Rate Level C-6 Tract Numbers 28510-00 28510-01 28510-02 28510-03 Tract Name VAIL RANCH Rate Level .C-7 Tract Numbers 23173-00 23173-01 23173-02 23173-03 23173-04 23174-01 23174-02 23174-03 23174-04 23174-05 23174-06 28480-00 28832-00 Service Level D, Refuse Collection -- provides for the operation and administration of the refuse collection program including recycling and street sweeping services for all single family residential homes within the District. The current rate and charges for Service Level D is $172.56 per single family residential home (developed residential parcel) and will be applied to all parcels that have been identified as developed residential homes. Pursuant to Proposition 218, the District may increase the rate &nd charges for this service after conducting an additional protest hearing on the matter. Mailed ballot proceedings are not required to establish Service Level D rates and charges. The Vail Ranch area currently utilizes a different Refuse provider than other areas of the City. With the recent inclussion of Vail Ranch to the TCSD, properties within Service Level D are identified as D-2 (Vail Ranch) and D-1 (the remainder of the City) although the rates and charges are the same. MuniFinancial Page 8 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 Service Level R, Roads -- provides funding for construction, improvement, service and maintenance of public streets and roads throughout the District. 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. All parcels identified within Service Level R, share in the cost of the services provided. The costs associated with the services are proportionately spread among all parcels within various areas (rate levels) of the Service Level R. Service Level R currently has two (2) rate levels. The level of maintenance required within these two (2) areas vary due to operating costs, and therefore separate rate levels have been established. Only the parcels within each of the two (2) boundary areas will be charged for the costs associated with servicing and maintaining the roads and streets in the area. Rate Level R-I --The parcels within this rate level consists of seventy-six (76) assessable pamels 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: Nicolas Road; Greenwood Lane; Liefer Road; Gatlin Road; Pala Vista. A total of 1.068 miles of roads are serviced and maintained in this area. Rate Level R-2 --The parcels within this rate level consists of sixty-five (65) assessable parcels 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 Road; Lolita Road; and John Warner Road. A total of 1.003 miles of roads are serviced and maintained in this area. MuniFinancial Page 9 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 III. CHANGES TO THE DISTRICT Changes or modifications to the District structure, if any, could include, but are not limited to: changes 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; inclusion of parcels into the District or Service Levels; or revisions in the method of apportionment. Changes or modifications within the District that may affect the levy are outlined in the following. A. Recent Modifications to the District (Prior to 200112002) On March 4, 1997, the voters of Temecula approved a Special Tax to fund citywide community services. This Special Tax replaced two existing Service Levels, previously charged through the Community Services District. · Community Services, Parks, and Recreation -- that provided for the maintenance, service and operation of all public parks and recreation services within the City. Service Level A, Arterial Street Lighting and Medians -- that provided servicing, operation, and maintenance of traffic signals, street lighting and landscaped medians along arterial streets. Beginning in Fiscal Year 1997/1998 these two Service Levels were replaced by the Special Tax and are no longer charged through the District. Modifications of the District for Fiscal Year 2001/2002 The most notable modification to the District for Fiscal Year 2001/2002 is related to the addition of improvements and expansion of existing services as a result of new development. When a new residential tract is developed, the District accepts additional improvements for maintenance and servicing. Along with acceptance of the improvements, the parcels within those tracts are included in the appropriate Service Levels. The improvements and services for Service Levels B and C are typically tract or development specific and therefore, all parcels within a tract or development are included in these two Service Levels when the District accepts the improvements. Additionally, individual residential parcels are included in Service Level D when a new single family residential unit is identified. MuniFinancial Page 10 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 Service Level B Inclusions to Service Level B (Residential Street Lighting) include the 2,783 residential parcels within the following Tracts: Tract Total Number of Number Parcels Units 23100-08 30 21 23173-00 132 130 23173-01 170 164 23173-02 178 175 23173-03 83 81 23173-04 148 144 23174-01 191 189 23174-02 119 114 23174-03 80 75 23174-04 134 130 Tract Total Number of Number Parcels Units 23174-05 129 125 23174-06 229 220 23371-00 74 74 23371-08 88 84 24182-03 121 115 24182-04 109 103 24183-01 82 76 24188-01 78 67 28480-00 72 70 28482-00 87 87 Tract Total Number Number Parcels Units 28482-01 92 90 28482-02 86 84 28482-03 115 109 28526-00 47 44 28810-00 81 80 29033-00 71 70 29036-00 24 24 29286-00 38 38 The rates and charges to be applied to the above referenced tracts and subdivision were previously approved by the property owners and adopted by the Board for inclusion. The number of units for each of the tracts referenced for inclusion in Service Level B represent the total number of residential parcels and lots within that tract. Although these tracts have been fully subdivided or a tract map has been approved, the actual Assessor's Parcel Numbers (APN's) for each of the individual residential parcels may not have been established by the County Assessor's Office. In such cases, the APN's currently recognized by the County are assigned and charged for the number of residential lots associated with each parcel within the tract. The new APN's for each of the individual residential parcels and lots are expected to be established by the time the levy is submitted to the County, but if not, the existing APN's will be charged based on the number of residential lots associated with each APN. Service Level C Inclusions to Service Level C (Perimeter Landscaping and Slopes) for Fiscal Year 2001/2002 are identified in the following. Rate Level #1 -- No New Tracts Rate Level #2 -- No New Tracts MuniFinancial Page 11 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 Rate Level # 3 -- Lennar Homes Tract Number of Number Total Parcels Units 29286-00 38 The rates and charges to be applied to the above referenced tract and subdivision were previously approved by the property owners and adopted by the Board for inclusion. Properties within this tract are subject to a rate and charge of $116.00 per parcel (residential lot) and will be charged this Rate Level beginning Fiscal Year 2001/2002. Rate Level # 4 -- Crowne Hill (Richmond America) Tract ~ef Tract ~of Number Total Pe~:e~s Units Nurrber Totsl Parcels Units 231434~2 72 64 2314.3-03 114 105 Tract Number of N~'nber Tota~ I-~,~s Units 23143-04 87 80 The rates and charges to be applied to the above referenced tracts and subdivision were previously approved by the property owners and adopted by the Board for inclusion. Properties within these tracts are subject to a rate · and charge of $175.00 per parcel (residential lot) and will be charged this Rate Level beginning Fiscal Year 2001/2002. Rate Level # 5 -- Temeku Hills Tract Icz~d~a'~ 23371-(36 30 28 Tract ~o~ N~,~ To~al P'a~cels Units 23371-07 48 45 23371-08 88 84 23371~39 69 67 23371-10 27 25 23371-11 116 112 23371-14 24 24 23371-15 12 0 Tract Nmlber of N~ Tolal I-~,,,Gs Units 2848200 87 87 28482~1 92 90 28482-Q~ 86 84 28482-03 115 109 285~680 47 44 29~ 71 70 The rates and charges to be applied to the above referenced tracts and subdivision were previously approved by the property owners and adopted by the Board for inclusion. Properties within these tracts are subject to a rate and charge of $70.00 per parcel (residential lot) and will be charged this Rate Level beginning Fiscal Year 2001/2002. MuniFinancial Page 12 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 Rate Level # 6 -- Campos Verde (Woodside) Nmt=~ Tetal F,=u~ Units Nu, i~ Total The rates and charges to be applied to the above referenced tracts and subdivision were previously approved by the property owners and adopted by the Board for inclusion. Properties within these tracts are subject to a rate and charge of $225.00 per parcel (residential lot) and will be charged this Rate Level beginning Fiscal Year 2001/2002. Rate Level # 7 -- Vail Ranch N~d~er of Tract Total P~,..~s Units N~nber 132 130 23174-01 170 164 23174-82 178 175 2317403 83 81 23174-04 146 144 23174-05 Nwnber ~ To~I Patrols Units 191 189 119 114 8O 75 134 130 129 125 The rates and charges to be applied to the above referenced tracts and subdivision were previously approved by the property owners of Vail Ranch and adopted by the Board for inclusion. Properties within these tracts are subject to a rate and charge of $129.00 per parcel (residential lot). The number of units for each of the tracts referenced for inclusion in Service Level C represent the total number of residential parcels and lots within that tract. Although these tracts have been fully subdivided or a tract map has been approved, the actual Assessor's Parcel Numbers (APN's) for each of the individual residential parcels may not have been established by the County Assessor's Office. In such cases, the APN's currently recognized by the County are assigned and charged for the number of residential lots associated with each parcel within the tract. The new APN's for each of the individual residential parcels and lots are expected to be established by the time the levy is submitted to the County, but if not, the existing APN's will be charged based on the number of residential lots associated with each APN. MuniFinancial Page 1 3 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 Service Level D A total of 2,781 newly developed residential parcels have been identified and added to Service Level D (Refuse Collection) for Fiscal Year 2001/2002. Of the total 2,781 newly developed residential parcels, 1,150 are being included in Rate D-1. The remaining 1,631 newly developed residential parcels are from the Vail Ranch area and are identified as Rate Level D-2. New single family residential units are identified each year and included in Service Level D based on updated County Assessor's data, City building permits and the waste hauler's updated service records. The actual cost per household last year for this service was $172.56. For Fiscal Year 2001/2002, the proposed rate and charge is unchanged at $172.56 for actual service costs, as provided in the City's franchise agreement with the contracted waste hauler (CR&R). Waste Management Inland Valley was previously contracted as the waste hauler for the Vail Ranch area and will continue to provide the contracted services for the area at the same rate of $172.56. Service Level R There are no new inclusions to Service Level R (Roads), proposed for the current fiscal year. MuniFinancial Page 14 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 IV. DISTRICT BUDGETS The Tables on the next three (3) pages shows the District budget for Fiscal Year 2001/2002. 2001/2002 DISTRICT BUDGET Temecula Community Services District Operating Budget Department Summary for the Year Ending June 30, 2002 No. 192 193 194 t95 District PERSONNEl. SERVICES Seiaries and Wages 5100 $3,373 $174,121 $26,904 $0 $204,398 Deferred Compensation 5101 0 0 0 0 0 PERS Retirement 5102 0 0 0 0 0 State Unemployment 5103 0 0 0 0 0 Medicare FICA 5104 0 0 0 0 0 Auto Allowance 5106 0 0 0 0 0 Life Insurance 5108 0 0 0 0 0 Unemployment TrainioR Tax 5109 0 0 0 0 0 Disability Insurance 5t10 0 0 O 0 0 Workers Compensation 5112 0 0 0 0 0 Health Insurance 5113 0 0 0 0 0 Dental fesurance 5114 0 0 0 0 0 Medical Reimbursement 5115 0 0 0 0 0 Vision Insurance 5116 0 0 0 0 0 Chid Care Reimbursement 5117 0 0 0 0 0 Temporary Help 5118 0 0 0 0 0 Part-Time (Proiect) 5119 0 9,560 0 0 9,860 Part-Time Retirement 5120 0 0 0 0 0 Overtime WaRes 5121 0 900 0 0 900 Compensated Absences 5126 0 0 0 0 0 Life & Accident Insurance 5190 0 0 0 0 0 Subtotal (Personnel Se~ices) $3,373~ $184,881, $26,904 $0 $215,158 MuniFinancial Page 15 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 2001/2002 DISTRICT BUDGET Temecula Community Services District Operating Budget Department Summary for the Year Ending June 30, 2002 No. 192 t93 t94 t95 District OPERATIONS AND NIAINTE NANCE Repair & Maim. - Facilities 5212 $0 $92,915 ~0 $0 $92,915 Repair & Maintenance-Vehicles 5214 0 0 0 0 0 Maintenance Supplies 5218 0 0 0 0 0 Office Supplies 5220 0 0 0 0 0 Pdntinq 5222 0 0 15,471 0 15,471 Leqal Dccumentst~laps 5224 0 0 0 0 0 Election Costs (Offset by developer deposits} 5225 12,000~ 12~000 0 0 24r000 Dues and Memberships 5226 0 0 2,610 0 2,610 Publications 5228 0 0 0 0 6 Posta~ and Packaging 5230 0 0 0 0 0 Properly Tax Admin Fees 5231 2~800 1,200 3,000 80 7~080 Rent - Facilities 5234 0 0 0 0 0 Rent - Equipment 5238 0 0 0 0 0 Equipment Lease 5239 0 0 0 0 0 MuniFinancial Page 16 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 2001/2002 DISTRICT BUDGET Temecula Community Services District Operating Budget Department Summary for the Year Ending June 30, 2002 NO. 192 193 t94 195 District OPERATIONS AND MAINTENANCE Waste Haurinq 5315 $0 $0 $3,030,326 ~0 $3,030,326 Street Li~hgn~l 5319 5961100 0 0 0 596,100 rnsurence 5330 0 0 0 0 0 Vehicles 5335 0 0 0 0 0 Information Systems 5340 0 0 ~ 0 0 0 MuniFinancial Page 17 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 METHOD OF APPORTIONMENT As in past years, the cost to provide services within the District will be fairly distributed among each eligible property. The following is the formula used to calculate each property's District charges by the per parcel (residential lot) method. Service Level B (Residential Street Lighting); Service Level C (Perimeter Landscaping and Slopes); and Service Level D (Citywide Recycling and Refuse): Total Balance to Levy/Total Parcels (in Service Level) = Parcel Charge The Rate Per Levy Unit for Service Level R is based on a Parcel Development Unit (PDU), which is similar to a per parcel charge, but makes a distinction between developed and undeveloped parcels. Service Level R (Roads): Parcel Development Units = 1.0 for Developed Parcels Parcel Development Units = 0.5 for Undeveloped Parcels Total Balance to Levy/Total Parcel PDU (in rate Level) = Parcel Charge The following tables reflect the levy calculations for each Service Level. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL B Parcel Charge per Parcel Property Type Unit X Parcel = Charge Multiplier Single Family Residential 1.00 $25.68 $25.68 Per Parcel Sin~lle Family Vacant 1.00 $25.68 $25.68 Per Parcel MuniFinancial Page 18 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL C Parcel Charge per Parcel Property Type Unit X Parcel = Charge Multiplier Single Family Residential Rate C-1 1.00 $46.00 $46.00 Per Parcel Single Family Residential Rate C-2 1.00 89.00 89.00 Per Parcel Single Family Residential Rate C-3 1.00 116.00 116.00 Per Parcel Single Family Residential Rate C-4 1.00 175.00 175.00 Per Parcel Single Family Residential Rate C-5 1.00 70.00 70.00 Per Parcel Single Family Residential Rate C-6 1.00 225.00 225.00 Per Parcel Single Family Residential Rate C-7 1.00 $129.00 $129.00 Per Parcel Note: Rate Level C-7 has been established for Fiscal Year 2001/2002 due to the additon of the Vail Ranch annexation to the City. PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL D Parcel Charge per Parcel Property Type Unit X Parcel = Charge Multiplier Single Family Residential Rate D-1 1.00 $172.56 $172.56 Per Parcel Single Family Residential Rate D-2 1.00 $172.56 $172.56 Per Parcel PARCEL CHARGE CALCULATIONS FOR SERVICE LEVEL R Parcel Charge Parcel Property Type Unit X per Unit = Charge Multiplier Single Family Residential Rate R-1 1.00 $115.26 $115.26 Per Parcel Single Family Vacant Rate R-1 0.50 115.26 57.64 Per Parcel Single Family Residential Rate R-2 1.00 121.92 121.92 Per Parcel Single Family Vacant Rate R-2 0.50 $121.92 $60.96 Per Parcel MuniFinancial Page 19 Temecula Community Services District Engineer's Annual Levy Report Fiscal Year 2001/2002 Appendix A -- 2001/2002 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 prepared. A listing of pamels within this District, along with the charges, has been submitted to the City Clerk and, by reference, is made part of this report. MuniFinancial Page 20 ITEM 5 A P P R OVAI..~I..~/~ -,~ CITY A'I-rORNEY DIRECTOR OF FINANC~E CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council/Temecula Community Services District Gary Thornhill, Deputy City Manager June 12, 2001 Adoption of Annexation Agreements between the City of Temecula and the County of Riverside for Median Maintenance (Agreement No. 1), Tax Reimbursement (Agreement No. 2), and Sales Tax Revenue Sharing, In Association with the Finalization of the Vail Ranch Annexation [PA00-0021] PREPARED BY: John De Gange, GIS Administrator RECOMMENDATION: 1.1 That the Temecula Community Services District (TCSD) adopt a resolution entitled: RESOLUTION NO. TCSD 2001-__ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TECECULA COMMUNITY SERICES DISTRICT APPROVING THAT CERTAIN AGREEMENT ENTITLED "VAIL RANCH ANNEXATION AGREEMENT NO.'I (MEDIAN MAINTENANCE AGREEMENT) BETVVEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE COUNTY OF RIVERSIDE" 1.2 That the City Council adopt a resolution entitled: RESOLUTION NO. 2001-._ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "VAIL RANCH ANNEXATION AGREEMENT NO. 2 (TAX REIMBURSEMENT) BETVVEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE" 1.3 That the City Council adopt a resolution entitled: RESOLUTION NO. 2001-._. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "SALES TAX REVENUE SHARING AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA (FIRST DISTRICT) R:~PLANNING%ANNEXATN\Vail Annexation Agreements. CC.doc 1 BACKGROUND: With the approval of the Vail Ranch annexation on November 16, 2000 by the Local Agency Formation Commission (LAFCO) it was determined that prior to the annexation being finalized various agreements between the City and the Countywould have to be reached. Within the discussions between the County and the City at a series of meetings it was determined three formal agreements requiring approval by the Board of Supervisors and the City Council would need to be established. These agreements address median maintenance issues, reimbursement of taxes which will be collected by the County between the time that the annexation is finalized and the end of the year, and sales tax revenue sharing for the commercial areas removed form the annexation area which was conceptually agreed upon as part of the LAFCO approval. The Board of Supervisors is tentatively scheduled to take action on these agreements on June 19th. The City and the County also discussed a number of other coordination issues at these meetings. A number of other informal agreements were established as a result; however, it was determined that these agreements would not require approval from the City Council and the Board of Supervisors. DISCUSSION: At this meeting staff is presenting the following three agreements which were created from discussion between City and county staff for approval. Agreement No. 1 - Median Maintenance Portions of the approved annexation boundary follow the centerline of three streets which have landscape medians within them (portions of Redhawk Parkway and a portion of Vail Ranch Parkway). Currently, these medians are completely being maintained by CSA 143. When the annexation is finalized the City would technically be responsible for the maintenance of half of the width of the medians which are being split by the annexation boundary. To facilitate more efficient maintenance of these areas the City and County (GSA 143) agreed to logically divide up the maintenance responsibilities. In this agreement GSA 143 would continue to maintain the entire portion of the median along Redhawk Parkway (including the half of the median which will be in the City) and the City agrees to maintain the entire portion ofthe median area in Vail Ranch Parkv, ey (including portions of the median which will still be within the County). A third component of the agreement addresses the Vail Ranch monument and the associated landscaping south of the intersection of Redhawk Parkway and Vail Ranch Parkway. This area is privately owned by the Redhawk Golf Course, but is within the annexation boundary. Currently CSA 143 maintains this area with an easement. This agreement stipulates that, despite the fact that the property is owned by the Redhawk Golf Course the City will take over maintenance responsibilities of this area due to the fact that it is within the annexation boundary. The City will continue to utilize the easement on this propertyfor maintenance purposes. Agreement No. 2 -Tax Reimbursement Since the annexation was approved and will be finalized after the deadline to file with the State Board of Equalization the various tax revenues that the City is entitled to will be received by the County. As a consequence, it was necessary for the County and the City to establish a method where the County would reimburse the City its share of these taxes for the remaining portion of the year where the City is actually providing services. Sales Tax Revenue Sharin.q Agreement As a result of the concerns raised by the County and the owner of the properties containing the historic Vail Ranch buildings prior to LAFCO approval of the annexation, it was ultimately agreed that this area would be removed form the annexation boundary. The primary reasons behind this were that a significant amount of uncertainty exists relative to tentative agreements being negotiated between the County and this property owner regarding the preservation and maintenance of these R:~° LA N N IN G~AN N EXATN\Vail Anne~tion Agreements. CC.doc 2 buildings and the reimbursement of the property owner's costs for restoring these buildings. In addition, the County expressed a concern that the annexation of all the commercial properties along Highway 79(S) would eliminate any incentive for the City to attempt a future annexation of the Redhawk area. The City on the other hand was concerned that removal of this area from the annexation area would deprive the City of a significant amount of the sales tax revenue which ultimately generated form this site. The sales tax revenue from this site was being depended on to offset the cost for the provision of services within the area. Eventually it was agreed that the area around the historic buildings would be removed form the annexation boundary to allow the County and the property owner sufficient time to negotiate a mutually beneficial agreement for the restoration and maintenance of the historic buildings. Pursuant to the proposed agreement the City is to receive 50% of the sales tax generated from the area excluded from the annexation (not including the historic buildings themselves which the County would receive all sales tax revenue for) for up to three years or upon the successful annexation of the Redhawk area, which ever occurs first. Approval of the Sales Tax Sharing Agreement requires a 4/5ths ~ote of the City Council. ENVIRONMENTAL DETERMINATION: The environmental impacts associated with this project were addressed by the Mitigated Negative Declaration adopted by the City Council on July 28, 1998 for the RedhawkNail Ranch annexation (PA 98-0205). FISCAL IMPACT: The fiscal impact associated with the annexation of the Vail Ranch area has been addressed within a fiscal impact (FIA) analysis which estimates that the sales tax revenue generated form the existing commercial uses within the annexation area would partially offset the cost for the provision of services within the area with shortfall for the first five years. This shortfall would be eliminated once the Wal-Mart development is constructed and the City begins to receive its share of the sales tax generated from this site. In addition, the sales tax revenue generated from the development of the Ralph's center at Highway 79(S) and Butter[ield Stage Road will also reduce this shortfall. Attachments: 1.1 1.2 Attachment 1 - City Council Resolution No. TCSD 2001 - Median Maintenance Agreement - Page Page 4 Attachment 2 City Council Resolution No. 2001 - __ Page __ Tax Reimbursement Agreement - __ Page_ 1.3 Attachment 3 - City Council Resolution No. 2001 - Page __ - Sales Tax Sharing Agreement - Page__ R:~PLAN N[NG~AN NEXATN\Vail Annexation Agreements.CC.doc 3 ATTACHMENT NO. 1 RESOLUTION NO.TCSD 2001- & Median Maintenance Agreement R:~PLAN NiNG~AN N EXATN\Vail Annexation Agreements.CC.doc 4 RESOLUTION NO. TCSD 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF TEMECULA COMMUNITY SERVICES DISTRICT APPROVING THAT CERTAIN AGREEMENT ENTITLED "VAIL RANCH ANNEXATION AGREEMENT NO. I (MEDIAN MAINTENANCE AGREEMENT) BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE COUNTY OF RIVERSIDE" THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT HEREBY RESOLVES AS FOLLOWS: Section 1. The Board of Directors of the Temecula Community Services District does hereby find, determine and declare that: The Local Agency Formation Commission (LAFCO) adopted its Resolution No. 35-00 on November 16, 2000, approving the proposed reorganization designed as LAFCO No. 2000-10-1 which included annexation to the City of Temecula of the area generally known as Vail Ranch. The City of Temecula, as the designated conducting authority, adopted its Resolution No. 2001-17 on February 13, 2001 ordering the annexation. The Annexation will be effective on July 1, 2001. The County of Riverside, through County Service Area 143, has been maintaining the landscaped medians and parkways with the Vail Ranch Area and surrounding areas. Upon the effective date of the Annexation, some median and parkway areas will straddle the new boundary line and will be partially within the jurisdiction of the District and partially within the boundary of the County. In order to most efficiently provide for the maintenance of these landscaped median and parkway areas, the District and the County have agreed to divide the maintenance responsibilities for these areas. The Agreement approved by this Resolution furthers the public health, safety and general welfare of the residents of Riverside County and the City of Temecula. Section 2. The Board of Directors of the Temecula Community Services District hereby approves that certain agreement entitled "Vail Ranch Annexation Agreement No. 1 (Median Maintenance Agreement) Between the Temecula Community Services District and the County of Riverside" and authorizes the Chairman to execute the Agreement on behalf of the District in substantially the form attached hereto as Exhibit A. Section 3. of Directors. The Secretary shall certify to the adoption of this Resolution by the Board R:/Resos2001/Resos 01-_ 1 PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 12th day of June, 2001. ATTEST: President Jeffrey E. Stone Susan Jones, CMC Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss TEMECULA COMMUNITY SERVICES DISTRICT) I, Susan Jones, CMC, Secretary of the Temecula Community Services District, Temecula California, do hereby certify that Resolution No. TCSD 01- was duly and regularly adopted by the Board of Directors of the Temecula Community Services at a regular meeting thereof held on this 12th day of June, 2001, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan Jones, CMC Secretary R:/Resos2001/Resos 01-__ 2 VAIL RANCH ANNEXATION AGREEMENT AGREEMENT NO. 1 (MEDIAN/PARKWAY MAINTENANCE AGREEMENT) BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE COUNTY OF RIVERSIDE THIS AGREEMENT is dated as of June 19, 2001 by and between the Temecula Community Services District ("District") and the County of Riverside. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each party hereto acknowledges as true and correct: a. The Local Agency Formation Commission of the County of Riverside adopted its Resolution No. 35-00 on November 16, 2000, making determinations and approving the proposed reorganization designated as LAFCO No. 2000-10-1, including concurrent annexations to the City of Temecula and the Temecula Community Services District and concurrent detachments from the Riverside County Waste Resources Management District, County Service Area 143 and County Service Areas 152 of territory generally known as the Vail Ranch Specific Plan Area and more specifically described in Exhibit A attached to LAFCO Resolution No. 35-00. b. The City Council of the City of Temecula, as the designated conducting authority, adopted its Resolution No. 2001-__ on February 13,2001 ordering the reorganization of the Vail Ranch Specific Plan Area, LAFCO No. 2000-10-1 to the City of Temecula and the Temecula Community Services Area and the detachment of those areas from the Riverside County Waste Resoumes Management District, County Service Area 143, and County Service Area 152 ("Annexation"). c. Currently, the County, through County Service Area 143, provides for the maintenance of the landscaped medians and parkways in the Vail Ranch Area and the surrounding areas. d. Upon the effective date of the Annexation, some median and parkway areas will straddle the new boundary line and will be partially in the jurisdiction of the District and partially within the jurisdiction of the County. In order to most efficiently provide the maintenance of these median and parkway areas, the parties have agreed to divide the maintenance responsibilities for these areas. e. For the purposes of this Agreement, "Maintenance Area A" is defined as both sides of the landscaped median on Redhawk Parkway between Temecula Creek and Vail Ranch Parkway, as more particularly described and depicted on Exhibit A. The easterly portion of the median will be within the jurisdiction of the District and the westerly portion will be within the jurisdiction of the County upon the effective date of the Annexation. 653227.2 May 30, 2001 1 f. For the purposes of this Agreement, "Maintenance Area B" is defined as the Vail Ranch monument sign area consisting of approximately 3.69 acres of land adjacent to Vail Ranch Parkway southeasterly of the intersection of Vail Ranch Parkway and Redhawk Parkway, as more particularly described and depicted on Exhibit B. All of Maintenance Area B will be within the jurisdiction of the District upon the effective date of the Annexation. g. For the purposes of this Agreement, "Maintenance Area C" is defined as both sides of the landscaped median on Vail Ranch Parkway between Nighthawk Pass and Tehachapi Pass, as more particularly described and depicted on Exhibit C. The northwesterly portion of the median will be within the jurisdiction of the District and the southeasterly portion will be within the jurisdiction of the County upon the effective date of the Annexation. h. With respect to Maintenance Area A, the District warrants and represents to the County that, as of the effective date of the Annexation, it is authorized to go onto Maintenance Area A within the jurisdiction of the District for the purposes of maintenance and that it has the authority to allow the County to maintain the District's portion of Maintenance Area A on behalf of the District. i. With respect to Maintenance Area C, the County warrants and represents to the District that it is authorized to go onto Maintenance Area C for the purposes of maintenance and that it has the authority to allow the District to maintain its portion of Maintenance Area C on behalf of the County. j. This Agreement benefits both the District and the County by allowing for uniform and efficient maintenance of the medians and parkways. 2. Maintenance Responsibilities. County shall maintain, at its sole cost and expense, Maintenance Area A. District shall maintain, at its sole cost and expense, Maintenance Area B and Maintenance Area C. a. For the purposes of this Agreement, the terms "maintain" shall mean (i) mowing, trimming, pruning, preserving, irrigating, fertilizing and otherwise preserving the vegetation and trees within the Maintenance Area; (ii) cleaning, servicing, repairing and replacing the irrigation equipment, monuments or other hardscape features installed within the Maintenance Area; (iii) removing trash and debris from the Maintenance Area; and (iv) payment of all utilities, including, but not limited to, water and electricity, for the Maintenance Area. b. Each party shall maintain the Maintenance Areas for which it is responsible in a manner consistent with the maintenance of other medians and parkway areas maintained by the jurisdiction. c. District hereby grants to the County a non-exclusive license to go onto that portion of Maintenance Area A in the possession of the District for the purposes of performing County's obligations under this Agreement. 653227.2 May30, 2001 2 d. County hereby grants to the District a non-exclusive license to go onto that portion of Maintenance Area C in the possession of the County for the purposes of performing District's obligations under this Agreement. 3. Transfer of CSA 143 Fund Balance for Vail Ranch Area. Currently, the County, through County Service Area 143 imposes rates and charges to fund the maintenance of the landscaped medians and parkways in the Vail Ranch Area and the surrounding areas. Upon the effective date of the Annexation the parties anticipate that CSA 143 will have funds which have been collected from properties within the Annexation Area for the maintenance of the landscaped medians and parkways in the Vail Ranch Area. The parties also understand and acknowledge that following the effective date of the Annexation, CSA 143 will need to pay for the expenses incurred prior to the Annexation for maintenance of the medians and parkways within the Vail Ranch Area. The parties agree that following the payment of all expenses incurred by CSA 143 for the Vail Ranch Area, the County will pay to the District the funds remaining in CSA 143, which sum is estimated by the parties to be one hundred ninety thousand dollars ($190,000.00). District agrees to use such funds only for the maintenance of landscaped medians and parkways within the Annexation Area. 4. Term. The term of this Agreement shall be twenty (20) years from the effective date of the Annexation, unless sooner terminated as provided in this Agreement. 5. Indemnification. a. County agrees to defend, indemnify, protect and hold harmless the District, 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 District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the County'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 negligence of the District. b. District agrees to defend, indemnify, protect and hold harmless the County, 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 County, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the District's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, or which may arise from the ownership of the Property, excepting only liability arising out of the negligence of the County. 6. Defaults and Remedies a. Subject to the extensions of time set approved in writing by a party, failure or delay by either party to perform any term or provision of this Agreement 653227.2 May30, 2001 3 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. b. The claimant shall not institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non-defaulting party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either 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. d. Any failures or delays by either 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 either 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. e. Ifa default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall be liable to the other party for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. f. If a default under this Agreement is not fully cured by the defaulting party as provided in this Paragraph, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event 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 incurred in the action. 7. Termination of Agreement. Either party may terminate this Agreement, for any reason, as provided in this section. Termination shall be initiated by written notice to the other party delivered on or before March 1 with the termination to take effect on June 30 of that year. 8. Force Maieure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either District or County is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or 653227.2 May30, 2001 4 regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 9. Notices to Parties Written notices, demands and communications among the District and County, shall be sufficiently given by 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: District: Temecula Community Services District 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Director of Community Services County 4080 Lemon Street, 12th Floor Riverside, Ca. 92501 Attention: Chief Administrative Officer 10. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 11. Assignment. Neither Party shall assign or transfer this Agreement or any portion thereof without the prior written consent of the other party, which consent shall not be unreasonably withheld; provided however that either party may assign this Agreement to a related public entity without the consent of the other. 12. Sole and Only Agreement. This Agreement constitutes the sole and only agreement between District and County respecting the matters contained herein, except that the parties acknowledge and agree the City of Temecula, the Temecula Community Services District and the County have entered into other agreements concerning the Annexation, which are designated "Vail Ranch Annexation Agreement No. 2 (Tax Reimbursement) Between the City of Temecula and the County of Riverside," dated as of June 19, 200 I, "Sales Tax Revenue Sharing Agreement Between the County of Riverside and the City of Temecula (First District)," dated as of June 19, 2001, and the Master Property Tax Agreement between the City and the County. Any agreements or representations, either oral or written, respecting the matters discussed in this Agreement not expressly set forth in this Agreement are null and void. 653227.2 May30, 2001 5 13. Time of Essence. Time is expressly declared to be of the essence of this Lease. 14. Exhibits. The following exhibits are attached hereto and incorporated herein as though set forth in full: Exhibit A Exhibit B Exhibit C Maintenance Area A Maintenance Area B Maintenance Area C 15. Authority to Execute. Each party hereto expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of his or her governmental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. IIII IIII 653227.2 May30, 2001 6 IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. TEMECULA COMMUNITY SERVICES DISTRICT Jeffrey Stone President Attest: Susan Jones, CMC City Clerk Approved as to form: Peter M. Thorson City Attorney 653227.2 May30, 2001 7 COUNTY OF RIVERSIDE By: James A. Venable Chairman of the Board of Supervisors Attest: Gerald A. Maloney Clerk of the Board of Supervisors By: Deputy Clerk of the Board of Supervisors Approved as to Form: William Katzenstein County Counsel By: Joe S. Rank Deputy County Counsel 653227.2 May 30, 2001 EXHIBIT A MAINTENANCE AREA A 653227.2 May 30, 2001 9 EXHIBIT B MAINTENANCE AREA B 653227.2 May30, 2001 10 X ' ::::::::::::::::::::: :.::::: :' :. EXHIBIT C MAINTENANCE AREA C 653227.2 May 30, 2001 1 1 ATTACHMENT NO. 2 RESOLUTION NO. 2001- & Tax Reimbumement Agreement R:~PLANNING~,NNEXATN\Vait Annexation Agreements. CC.doc 5 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "VAIL RANCH ANNEXATION AGREEMENT NO. 2 (TAX REIMBURSEMENT) BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE" THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section '1. declare that: The City Council of the City of Temecula does hereby find, determine and The Local Agency Formation Commission (LAFCO) adopted its Resolution No. 35-00 on November 16, 2000, approving the proposed reorganization designed as LAFCO No. 2000-10-1 which included annexation to the City of Temecula of the area generally known as Vail Ranch. 4 The City of Temecula, as the designated conducting authority, adopted its Resolution No. 2001-17 on February 13, 2001 ordering the annexation. The Annexation will be effective on July 1,2001. The State of California requires completed annexation maps, legal descriptions of property and other documents to be filed with the State by December 1 in order to transfer property tax, sales tax and other tax revenues between govemmental agencies as a result of annexations for the fiscal year beginning the following July 1. Since LAFCO approved the Annexation in November 2000, the transfer of property tax, sales tax and other tax revenue between the County and the City for the Vail Ranch Annexation Area will occur after the July 1, 2001 effective date of the Annexation. Accordingly, the County has agreed to reimburse the City for tax revenues generated within the Annexation Area which the County receives after the Annexation Date but which would have been allocated to the City had the Annexation been approved at a date which would enable the City to meet the December 1, 2000 deadline established by the State for filing completed annexation documents. The Agreement approved by this Resolution furthers the public health, safety and general welfare of the residents of Riverside County and the City of Temecula. Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled "Vail Ranch Annexation Agreement No. 2 (Tax Reimbursement) Between the City of Temecula and the County of Riverside" and authorizes the Mayor to execute the Agreement on behalf of the City in substantially the form attached hereto as Exhibit A. Section 3. Council. The City Clerk shall certify to the adoption of this Resolution by the City R:/Resos2001/Reso01-_ I PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 12th day of June, 2001. ATTEST: Jeff Comerchero, Mayor Susan Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 01- was duly and regularly adopted by the City Council of the City of th Temecula at a regular meeting thereof held on this 12 day of June, 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan Jones, CMC City Clerk R:/Resos2001/Reso 01-~ 2 VAIL RANCH ANNEXATION AGREEMENT NO. 2 (TAX REIMBURSEMENT) BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE THIS ANNEXATION AGREEMENT NO. 2 is dated as of June 19, 2001 by and between the City of Temecula, a municipal corporation ("City") and the County of Riverside. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and purposes, which each party hereto acknowledges as true and correct: a. The Local Agency Formation Commission of the County of Riverside ("LAFCo") adopted its Resolution No. 35-00 on November 16, 2000, making determinations and approving the proposed reorganization designated as LAFCO No. 2000-10- I, including concurrent annexations to the City of Temecula and the Temecula Community Services District and concurrent detachments from the Riverside County Waste Resources Management District, County Service Area 143 and County Service Areas 152 of territory generally known as the Vail Ranch Specific Plan Area and more specifically described in Exhibit A attached to LAFCO Resolution No. 35-00. b. The City Council of the City of Temecula, as the designated conducting authority, adopted its Resolution No. 2001-17 on February 13,2001 ordering the reorganization of the Vail Ranch Specific Plan Area, LAFCO No. 2000-10o 1 to the City of Temecula and the Temecula Community Services Area and the detachment of those areas from the Riverside County Waste Resources Management District, County Service Area 143, and County Service Area 152 ("Annexation"). c. The Vail Ranch Specific Plan Area to be annexed to the City of Temecula and the Temecula Community Services District is described and depicted on Exhibit A, "Annexation Area." Each of these exhibits is attached hereto and incorporated herein by this reference as though set forth in full. d. As part of the hearing process for the LAFCo approval of the reorganization, the County objected to the reorganization as originally proposed because of the financial impacts of the original proposal on certain County obligations within the Commercial Areas. The County has been engaged in a significant effort to preserve the historical buildings on portions of the Commercial Areas and assist in the development of the commercial properties surrounding the historical buildings as a means of funding the preservation efforts. While supportive of the County's efforts, the City was concerned that a modification of the boundaries of the proposed area to be annexed to the City would impair its ability to provide an appropriate level of municipal services to the area. The proceedings before LAFCo were delayed for several months in order to enable the City and the County to develop some creative solutions to their respective concerns. City and the County have negotiated the terms of this Agreement in an effort to accommodate 644528.4 May30, 2001 the needs of the County to reduce these impacts and the need of the City to obtain sufficient revenue from the annexation area to provide appropriate municipal services to the area. This Agreement sets forth the agreement of the City and County with respect to these issues. e. The delay in the LAFCo proceedings in order to resolve the important issues concerning the Annexation prevented the City from filing the necessary documents with the State Board of Equalization and the County Auditor-Controller in order to transfer certain tax revenues from the County to the City upon the effective date of the Annexation. Accordingly, the City and County have agreed to allow the County to continue to collect these taxes from the Annexation Area and to transfer the tax monies to the City until such time as the State Board of Equalization and the County Auditor can make the appropriate transfers from the County to the City. f. This Agreement benefits both the City and the County and furthers the public health, safety and general welfare of the City, the County and the persons served by each governmental entity. 2. Tax Revenue Reimbursements from Annexation Area. a. The County currently receives from properties and transactions within the Annexation Area certain tax and state revenues based on the city or unincorporated county area in which certain events occur. These revenues include the following ("Tax Revenues"): (1) Ninety two thousand two hundred eighty one dollars ($92,281.00) which amount represents, which amount represents the City's share, pursuant to the Master Property Tax Agreement between the County and the City, of the ad valorem property tax revenue from all parcels within the Annexation Area pursuant to Division 1 of the Revenue and Taxation Code. (2) One percent (1%) of the sales and use taxes collected by retail businesses within the Annexation Area on taxable retail sales pursuant to The Bradley-Bums Uniform Local Sales Tax Law (Part 1.5 of Division 2 of the Revenue and Taxation Code) (Section 7200 et. seq.); (3) The City's Share of funds allocated from the Highway Users Tax Account ("gas tax") pursuant to Chapter 3 of Division 3 of the Streets and Highways Code (Section 2100 er seq.); (4) The City's Share of the Motor Vehicle License Fee pursuant to Chapter 5 of Part 5 of Division 2 of the Revenue and Taxation Code (Section 11000 et. seq.); 644528.4 May 30, 2001 (5) Motor Vehicle Licensing Fees In-Lieu Tax; (6) The City's share of the Documentary Transfer Tax pursuant to Part 6.7 of Division 2 of the Revenue and Taxation Code (Section 1901 et. seq.); (7) Vehicle Code fines; (8) Riverside County Measure "A" funds; (9) The City's share of funds allocated from the Supplemental Law Enforcement Services Fund (the "COPS" fund) pursuant to Chapter 6.7 of Division 3 of Title 3 of the Government Code (Section 30061 et. seq.); (10) California Law Enforcement Equipment Program funds ("CLEEP") (11) ERAFReliefunderAB 1326; (12) The City's Share of Booking Fees Reimbursements made pursuant to Section 29550.4 of the Government Code; (13) Off-Highway Licensing Fees; (14) The City's Share of funds allocated from the Traffic Congestion Relief Fund pursuant to Section 2182 of the Streets and Highways Code; (15) The City's Share of funds allocated from the Transportation Investment Fund pursuant to Section 2182 of the Streets and Highways Code; and (16) One hundred seventy five thousand dollars ($175,000.00) which amount represents development impact fees collected by the County from development within the Vail Ranch for park and recreation purposes. b. The City, County and LAFCo are cooperating in the preparation and filing of the necessary documents to transfer the appropriate property tax revenue payments, sales tax revenue, and the other Tax Revenues from the County to the City. Such transfers will not become effective until some time after the effective date of the Annexation. c. Until such time as the transfer of a tax applicable to the Annexation Area from the County to the City is complete, County agrees to pay to the City the Tax Revenues collected from the Annexation Area had the appropriate documents for payment of the taxes to the City been completed prior 644528.4 May30, 2001 to the effective date of the Annexation. The Tax Revenues shall be paid on a quarterly basis. No later than January 31, April 30, July 30 and October 31 County shall pay to the City the Tax Revenues received by the County during the prior calendar quarter. Along with such payment, County shall provide City with documentation of the tax revenue received for each applicable tax. 5. Indemnification a. County 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 the County'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 negligence of the City. b. City agrees to defend, indemnify, protect and hold harmless the County, 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 County, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the City's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, or which may arise from the ownership of the Property, excepting only liability arising out of the negligence of the County. 6. Defaults and Remedies a. Subject to the extensions of time set approved in writing by a party, 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. b. The claimant shall not institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non-defaulting party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at 644528.4 May 30, 200i the same or different times, of any other rights or remedies for the same default or any other default by the other party. d. Any failures or delays by either 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 either 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. e. If a default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall be liable to the other party for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. f. If a default under this Agreement is not fully cured by the defaulting party as provided in this Paragraph, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event 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 incurred in the action. 7. Force Maieure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either City or County is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive govemmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 8. Notices to Parties Written notices, demands and communications among the City and County, shall be sufficiently given by 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: 644528.4 May 30, 2001 City: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attention: Genie Roberts, Director of Finance County County Executive Officer County of Riverside 4080 Lemon Street Riverside, Ca. 92501 9. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawfial assigns of the parties hereto. 10. Assignment. Neither Party shall assign or trhnsfer this Agreement or any portion thereof without the prior whtten consent of the other party, which consent shall not be unreasonably withheld; provided however (hat either party may assign this Agreement to a related public entity without the consent of the other. 11. Sole and Only Agreement. This Agreement constitutes the sole and only agreement between City and County respecting the matters contained herein, except that the parties acknowledge and agree the City of Temecula, the Temecula Community Services District and the County have entered into other agreements concerning the Annexation, which are designated "Vail Ranch Annexation Agreement No. 1 (Median/Parkway Maintenance Agreement) Between the City of Temecula and the County of Riverside," dated as of June 19, 2001, "Sales Tax Revenue Sharing Agreement Between the County of Riverside and the City of Temecula (First District)," dated as of June 19, 2001, and the Master Property Tax Agreement between the City and the County. Any agreements or representations, either oral or written, respecting the matters discussed in this Agreement not expressly set forth in this Agreement are null and void. 12. of this Agreement. Time of Essence. Time is expressly declared to be of the essence 13. Authority to Execute. Each party hereto expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of his or her governmental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. IIII IIII 644528.4 May 30, 2001 IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. CITY OF TEMECULA Jeffrey Comerchero Mayor Attest: Susan Jones, CMC City Clerk Approved as to form: Peter M. Thorson City Attomey 644528.4 May30, 2001 COUNTY OF RIVERSIDE By: James A. Venable Chairman of the Board of Supervisors Attest: Gerald A. Maloney Clerk of the Board of Supervisors By: Deputy Clerk of the Board of Supervisors Approved as to Form: William Katzenstein County Counsel By: Joe S. Rank Deputy County Counsel 644528.4 May30, 2001 EXHIBIT A ANNEXATION AREA 644528.4 May 30, 2001 ATTACHMENT NO. 3 RESOLUTION NO. 2001- & Sales Tax Sharing Agreement R:\PLANNING'~ANN EXATN\Vail Annexation Agreements. CC.doc 6 RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "SALES TAX REVENUE SHARING AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA (FIRST DISTRICT)" THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does hereby find, determine and The Local Agency Formation Commission (LAFCO) adopted its Resolution No. 35-00 on November 16, 2000, approving the proposed reorganization designed as LAFCO No. 2000-10-1 which included annexation to the City of Temecula of the area generally known as Vail Ranch. The City of Temecula, as the designated conducting authority, adopted its Resolution No. 2001-17 on February 13, 2001 ordering the annexation. County objected to the reorganization as originally proposed because of the exclusion of the Red Hawk development from the proposed annexation, the inclusion of the commercial property adjacent to Red Hawk and potential impacts to the County's effort to preserve the historic Vail Ranch. City and County agreed to resolve these differences through negotiation for the benefit of all residents of the County and City and to allow City's annexation to proceed. City agreed to remove the disputed commercial areas from within the boundaries of the annexation and to, at some future time, provide Red Hawk residents an opportunity to consider annexing to the City. County agreed to provide financial assistance to City to ensure the appropriate level of municipal services to the residents of the annexation area. The voters of California on November 3, 1998, approved Proposition No. 11 which amended Article XIII, Section 29, of the California Constitution to allow cities and counties to enter into agreements to share sales and use tax revenues with the approval by the legislative bodies of both parties by a two-thirds vote. The State Legislature amended Government Code Section 55700 et seq. to provide the option for approval of sales tax revenue sharing agreements. R:/Resos2OO1/Resos 01-__ I One or more retailers will be established on the Site, as defined in the Agreement, within the unincorporated County area, and consumers residing in the City will be purchasing tangible personal property from such retailers to the extent that equity requires the revenues of the County to be distributed in a fair and just manner as set forth in the Agreement approved by both the and the County. The Agreement approved by this Resolution furthers the public health, safety and general welfare of the residents of Riverside County and the City of Temecula. This Agreement has been approved by a two-thirds vote of the City Council of the City of Temecula. Section 2. The City Council of the City of Temecula hereby approves that certain agreement entitled "Sales Tax Revenue Sharing Agreement Between the County of Riverside and the City of Temecula (First District)" and authorizes and directs the Mayor to execute the Agreement on behalf of the City in substantially the form attached hereto as Exhibit A. Section 3. Council. The City Clerk shall certify to the adoption of this Resolution by the City PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 12th day of June, 2001. A'Fi'EST: Jeff Comerchero, Mayor Susan Jones, CMC City Clerk [SEAL] R:/Resos2001/Resos 01-_ 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 01- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 12th day of June, 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan Jones, CMC City Clerk R:/Resos2001/Resos 01-__ 3 ~R¥-09-01 NED 04:10 SALES TAX REVENUE SHARING AGREEMENT BETWEEN 'I'HE COUNTY OF RIVERSIDE AND 'filE CITY OF TEMECULA (FIRST DIS'rRICT) THiS AGREEMENT is entered into as of this day of ,2001, by and between the County of Riverside (hereafter the "County") and the City of Temecula (hereafter the "City"), hereafter collectively referred to as the "Parties." WHEREAS, the Local Agency Formation Commission (LAFCO), adopted it's Resolution No. 35-00 on November 16, 2000, approving the proposed reorganization designated as LAFCO No. 2000-10-1 which included annexation to the City of Temecula of the area generally known as Vail Ranch; and WHEREAS, the City of Temecula, as the designated conducting authority, adopted it's Resolution No. 2001-17 on February 13, 2001, order'rig the annexation, and WHEREAS, County objected to the reorganization as originally proposed because of the exclusion of the Red Hawk development from the proposed annexation, the inclusion of commercial areas adjacent to Red Hawk and potential impacts to the County's effort to preserve the historic Vail Ranch; and WHEREAS, City and County agreed to resolve these differences through negotiation for the benefit of all residents of the County and to allow City's annexation to proceed; and WHEREAS, City agreed to remove the disputed commercial areas from within the boundaries of the annexation and to, at some future time, provide Red Hawk residents an opportunity to consider annexing to City; and WHEREAS, County agreed to provide financial assistance to City to ensure the appropriate level of municipal services to the residents of the annexation area; and WHEREAS, the voters of California on November 3, 1998, approved Proposition No. 11 which amended Article XIII, Section 29, of the California Constitution to allow cities and counties to enter into agreements to share sales and use tax revenues with the approval by the legislative bodies of both parties by a two-thirds vote; and Draft: May 31, 2001 -1- ~hY-09-O1 WED 04:10 PM EXEOU'rJvE U?~IUL rHz mu, uuu u~ ~u~ ~, u~ WHEREAS, the State Legislature amended Governmental Code Section 55700 etseq., to provide the option for approval of sales tax revenue sharing agreements; and WHEREAS, the Agreement furthers the public health, safety and general welfare of the residents of Riverside County. NOW, THEREFORE, BE IT RESOLVED, in consideration of the promises and mutual covenants and conditions contained herein, the Padies hereto do hereby agree as follows: Section 1. DEFINITIONS, Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement, h'ave the meanings herein specified. Aqreement "Agreement" means this Sales Tax Revenue Sharing Agreement. Fiscal Year "Fiscal Year" is defined as July 1 through June 30. Net Sales Tax "Net Sales Tax" is defined as the amount of gross sales tax disbursed to the County imposed and received by the County under authority granted to the County pursuant to Section 7201 of the Revenue and Taxation Code of the State of California, less any amounts which must be disbursed to any other public entity, including but not limited to the State Board of Equalization. Sit.__.~e "Site" shall mean that certain real property located in the County of Riverside, State of California, more particularly described in Exhibit "A" and depicted in Exhibit "B". Histodc Site "Historic Site" shall mean that certain real property located in State of California County, County of Riverside more padicularly described in Exhibit C and depicted in Exhibit D. Sales and Uses Taxes Draft: May 31, 2001 -2- "Sales and Use Taxes" means the one percent (1%) sales tax currently imposed and received by the County under authority granted to the County pursuant to Section 7201 of the Revenue and Taxation Code of the State of California. Section 2. PAYMENTS TO THE CITY. "(A) From Jul 1,2001, County shall pay City an amount equal to fifty percent (50%) of the Net Sales Tax revenue that the County receives from taxable sales occurring on the Site. Such payments shall continue until such time as the County's share of the Net Sales Tax revenue it retains from the Site pursuant to this Agreement equals one million nine hundred thousand dollars ($1,900,000.00) or such other amount as is necessary to fulfill County's obligation under the Development Agreement between the County and the owner of the Site. In the event the County's obligation under the De~,elopment Agreement exceeds $1.9 million, County shall notify City of the amount of its obligation as soon as practicable following the date of this Agreement and upon such notice the amount of the obligation shall be used in place of the $1.9 million figure." "(B) Within twelve (12) months from the date the County's obligation to developer under the Development Agreement for the site is fulfilled, City shall use its best efforts to take such action as are required by law to apply for the annexation of the Redhawk Area, as described in Exhibit E, to the City of Temecula and to set an election date for the residents of the Redhawk Area to vote on the City's special park tax and rates and charges imposed by the Temecula Community Services District for funding certain municipal services." "(C) If the Redhawk Area is annexed to the City, the City shall retain one hundred percent (100%) of the sales and use tax revenues generated on the Site pursuant to Section 7201 of the Revenue and Taxation Code. If the Redhawk Area is not annexed to the City, the County shall retain one hundred percent of the sales and use tax revenues generated on the Site pursuant to Section 7201 of the Revenue and Taxation Code." Section 3. INTENTIONALLY DELETED Section 4. TAX SHARING FROM THE HISTORIC SITE. County shall retain one hundred percent (100%) of the Net Sales Tax revenue that the County receives from taxable sales occurring on the Historic Site. Upon annexation of the Historic Site, City shall pay to County, one hundred 100% of the Net Sales Tax revenue that the City receives from taxable sales occurring on the Historic Site. Section 5. TIME OF PAYMENT. Payments required hereunder by either City or County shall be paid within thirty (30) days of receipt of Applicable Sales and Use Taxes from the State Board of Equalization. Section 6. STATEMENT OF ACCOUNT, The County shall provide the City with a Draft: May 31, 2001 -3- MRY-09-O1 NED 04:11 PM EXECUTIVE OFFICE ~R~ Nu, uuu u9b llu~ r, u~ Statement of Account upon request of City staff. The Statement of Account shall include, but not be limited to, the following: sales tax revenue collected by the County 1o date for the Fiscal Year, sales tax revenue collected by the County during the preceding Fiscal Year, sales tax revenue disbursed to the City during the preceding Fiscal Year, and the total of all sales tax revenues disbursed to the City from the date of execution of this Agreement, If annexation of the Historic Site should occur, City shall provide the same information to County with respect to the Historic Site upon request of County staff. Section 7. ASSIG, NMENT. Neither this Agreement nor any clause or provision contained herein may be assigned, transferred or released without the express written consent of the Parties hereto. Section 8. NOTIFICATION. All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments or designations hereunder by either Party to the other shall be in writing and shall be sufficiently given and served upon the other Party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: County: County Executive Officer County of Riverside 4080 Lemon Street Riverside, CA 92501 City: City Manager City of Temecula 43200 Business Park Drive Temecula, CA 92589 With a copy to: Executive Director County of Riverside Economic Development Agency 3525 Fourteenth Street Riverside, CA 92501-3813 Section 9, ~UTHORITY TO EXECUTE. The person or persons executing this Agreement on the behalf of the City warrants and represents that they have the authority to execute this Agreement on behalf of the City. Draft: May 31, 2001 -4- WED 04:11 PM E×EOUTIVE OFFIOE FflX NO, ~u~ Bbb llUb r, UO Section 10. CHANGES OR MODIFICAT.IONS. No part of this Agreement may be modified, altered, amended, waived, or changed without the express written consent of both of the Padies. Section 11. TERMINATION. County or City mayterminate this Agreement if the other party commits any material breach of this Agreement and has not cured, or where such cure cannot be completed within thirty (30) days, commenced efforts to cure such breach within thirty (30) days of the date of receipt of written demand to cure. Section 12. ATTORNEY F.EES. If any action is brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees, costs, and necessary disbursements. Section 13. WAIVER_. Any waiver by the County of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other term thereof. Failure on the part of the County to require exact, full, and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms of this Agreement, or stopping the County from enforcement hereof. Section 14..SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. Section 15. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State of California, Section 16. NOTICES OF TERMINATION. Notice of termination bythe Countyto the City shall be deemed delivered if sent by certified mail, return receipt requested, to the individual representing the City at the address set forth in Section 9 hereof. Notice by the City to the County shall be deemed delivered if sent by certified mail, return receipt requested, to the individual representing the County at the address set forth in Section 9 hereof. Section 17. INDEM,NIFICATION. Draft: May 31, 2001 ~Y-09-01 WED 04:11 PM EXEOU?IVE OFFIOE E~X Nu, uuu Ubb llUb r, u, 17.1 The City agrees to and shall defend, indemnify and hold the County free and harmless from all claims, actions, damages, liabilities of whatsoever kind, nature or sort, arising from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, and/or injury to persons or property which the County may suffer as a result of any negligent act or omission of the City, its elected officials, officers, employees, and agents relating to or in any way connected with the accomplishment of work or performance of services pursuant to this Agreement, regardless of the existence or degree of fault or negligence on the pad o! the County or any elected official, officer, employee, or agent of the County, other than the sole active negligence of the County, its elected officials, officers, employees, or agents. This indemnification includes, without limitation, the payment of all Judgments, awards, attorneys' fees, and related costs or expenses, and the reimbursement of the County, its elected officials, officers, employees, and agents for all legal expenses and costs incurred by each of them, The City's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officers, employees, agents, contractors, or subcontractors. 17.2 The County agrees to and shall defend, indemnify, and hold free and harmless the City free and harmless from all claims, actions, damages, liabilities of whatsoever kind, nature or sort, arising from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, and/or injury to persons or property which the City may suffer as a result of any negligent act or emission of the County, its elected officials, officers, employees, and agents relating to or in any way connected with the accomplishment of work or performance of services pursuant to this Agreement, regardless of the existence or degree of fault or negligence on the pad. of the City or any elected official, officer, employee, or agent of the City, other than the sole active negligence of the City, its elected officials, officers, employees, or agents. This indemnification includes, without limitation, the payment of all judgments, awards, attorneys' fees, and related costs or expenses, and the Draft: May 31, 2001 '6' D~Y-09-O1 WED 04:11 PM EXECUTIVE OFFICE FAX NO, 909 955 11u5 K, u~ reimbursement of the City, its elected officials, officers, employees, and agents for all legal expenses and costs incurred by each of them. The County's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Countyl-ii-s- ~h;ice-~'~, en~ploye~s, ~g~-nt~, c0'n(ractors, or subcontractors. Section 18. INDEPENDENT CAPACITY. The City, its officers, employees, and agents shall act in an independent capacity during the term of this Agreement and not as officers, employees, or agents of the County, nor shall they have authority to contract for or on behalf of, or incur obligations on behalf of, the County. Section 19. DISPUTES_. The parties may mutually agree to non-binding mediation services conducted by the Judicial Arbitration and Mediation Services, Inc./Endispute, or its successor, or any other neutral, impadial arbitration service that the padies mutually agree upon in accordance with its rules for such mediation. Section 20, MISCELLANEOUS PROCEDURAL MATTERS, 20.1 Exhibits. All exhibits attached to this Agreement are incorporated herein by reference. 20.2 !ncorpora~ion of Recitals. The Recitals are specifically incorporated into this Agreement. 20,3 Counterpart.s.. Separate counterparts of this Agreement may be separately signed by each party, all with the same effect as though the same counterpart had been signed simultaneously by the Parties signing each such counterpart, 20.4 .Gender. In this Agreement, the masculine gender includes the feminine and neuter, and the singular number includes the plural, and vice versa, where the context so indicates. 20.5 Effective Date, This Agreement shall be effective and binding upon the Padies on the date this Agreement is signed by the Parties hereto (Effective Date). Draft: May 31, 2001 -7- H~Y-09-01 WED 04:12 PM EXEGU'I']V~ U~YIU~ rH~ mu, uuu uoo t~uo r, uo 20.6 Sections and Captions. All references to Sections refer to Sections in this Agreement unless otherwise stated, Captions are for convenience of reference only and do not constitute a portion of this Agreement. 20.7 SucceSsors End As~iqn~. T~is Ag~ee~eht Shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, 20.8 .Time. Time is of the essence in each provision of this Agreement. 20.9 Fudher Assurances, Each party hereto shall, upon the request of the other pady hereto, take such other actions and sign such other documents (in recordable form, if required) as may be reasonably required to carry the provisions of this Agreement into effect, ' t Section 2'1, ENTIRE AGREEMENT. This Agreement contains the ent re egreemen and understanding between the Parties. There are no oral understandings, terms, condifons or promises, and no party has relied upon any representation, express or implied, not contained in this Agreement, This Agreement may only be modified or amended in writing and must be signed by the party, identified in Section 10 of this Agreement, to be charged. IN WITNESS WHEREOF, the Padies have executed this Agreement on the date first above written. COUNTY OF RIVERSIDE By: James A, Venable, Chairman Board of Supervisors APPROVED AS TO FORM ATTEST By: Joe S. Rank, Assistant County Counsel By: CITY OF TEMECULA Gerald A. Maloney, Clerk of the Board -8- Draft: May 31, 2001 H~Y-O9-O1 ~ED 04:12 PH EXECUTIVE O~l~b rH~ ~u, uuu uuu ~uo ,, ,~ By: Jeff Comerchem, Mayor APPROVED AS TO FORM ATTEST By; City Attorney By: Susan Jones, City Clerk Draft: May 31, 2001 -9- ITEM 6 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER TEMECULACOMMUNITYSERVICES DISTRICT AGENDA REPORT Board of Directors Shawn D. Nelson, General Manager June 12, 2001 Review and Adoption of the FY 2001-02 Annual Operating Budget PREPARED BY: Genie Roberts, Director of Finance ~ Tim McDermott, Assistant Finance Director RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 2001~2 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS DISCUSSION:The proposed FY 2001-02 TCSD operating budget includes the operation and maintenance of district-wide parks and recreation facilities, debt service on the certificates of participation issued for the construction of the Community Recreation Center, arterial street lighting and traffic signals, and median landscaping. Rates and charges are also established for residential street lighting, slope maintenance, refuse collection and street sweeping, and emergency street and road construction and maintenance. Parks and recreation services, as well as arterial street lighting and traffic signals, and median landscaping are primarily funded by the special tax assessed to property owners as approved by the voters as "Measure C" in March 1997. The maximum level of special tax that was approved bythe voters is $74.44 per single-family dwelling unit. Over the past three years the special tax rate has been gradually reduced to $63.44 per dwelling unit, with the $11.00 per dwelling unit difference being funded by the City's General Fund through the Revenue Excess Sharing for Temecula ("REST") program. The proposed FY 2000-01 budget reflects no change in the existing special tax rate. Residential street lighting, slope maintenance, refuse collection and street sweeping, and emergency street and road construction and maintenance services provided by the TCSD are funded primarily by rates and charges assessed to property owners within the District. No changes are proposed in any of the service level rates and charges. On May 15, 2001, the Board of Directors/City Council held a workshop to review and discuss the proposed operating budgets. At that time, the Board of Directors/City Council provided staff with direction to increase the "REST" contribution to the TSCD in an effort to provide increased summer recreation opportunities to the youth of Temecula through the Summer Month Activities and Recreation in Temecula ("SMART") program. This program will provide expanded mobile recreation activities at various City parks for an estimated cost of $75,000. The Board of Directors/City Council also provided direction to staff to provide free public swimming opportunities for residents (resulting in an estimated revenue reduction of $25,000). As a result, the Revenue Excess Sharing for Temecula ("REST") contribution to the Temecula Community Services District has thus been increased by ~100,000. TCSD Revenues Overall, a $1,729,540 or 20.0% increase in revenues is projected for TCSD. This increase is due largely to the Vail Ranch annexation. The FY 2001-02 revenue estimates include no change to the special tax rate, or to any of the TCSD assessment rates. The total "REST" program revenue (from the City's General Fund) is proposed to be $2,117,000, a $388,000 increase from the FY 2000-01 amount. The estimated amount of "Measure C" special tax revenues to be collected is $2,626,000, an increase of $139,900 from the FY 2000-01 amount. TCSD Expenditures The proposed Community Services District budget reflects a $1,952,539 (21.6%) increase in total expenditures from the current year budget. A summary of significant items is as follows: City-wide Operations A $232,760 increase is reflected in utility and street lighting costs due to anticipated electricity rate increases (estimated at 40%), as well as to additions to the City's park, median, and arterial street lighting systems ~' A $108,000 increase is reflected in facility maintenance and rehabilitation costs due to the addition of new facilities > $165,540 is included for the operation and maintenance of the Children's Museum Service Level B A $251.100 increase is reflected in residential street lighting costs due to anticipated electricity rate increases (estimated at 40%) and additions to the City's residential street lighting system Service Level C ~' A $121,900 increase in electricity and water utility costs is reflected due to anticipated electricity rate increases (estimated at 40%) and the addition of slope areas ~' A $269,100 increase in landscape maintenance and rehabilitation is reflected Service Level D ~' $432,370 increase in refuse hauling costs is reflected, due primarily to an increase in the number of parcels served 2 TCSD Fund Balance Surplus fund balance has been used over the past several fiscal years to fund ongoing operations and maintenance costs. The proposed FY 2001-02 budget continues to utilize surplus fund balance, in the following amounts: · City-wide Operations $373,930 · Service Level "B" $ 79,470 · Service Level "C" $144,380 · Service Level "D" $ 24,310 · Service Level "R' $ 4,160 It is anticipated that the actual amount of fund balance required to be used will be less than the amounts reflected above, based on a demonstrated pattern of actual expenditures being less than the budgeted amounts. FISCAL IMPACT: The services provided by the District are funded primarily by the special tax that was approved by the voters as Measure C in March, 1997, the "REST" contribution from the City's General Fund, and the rates and charges assessed to property owners which are to be approved during a public hearing held on June 12, 2001. Attachments: Resolution No. CSD 2001- FY 2001-02 Annual Operating Budget RESOLUTION NO. CSD 2001-.~ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE FY 2001-02 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WHEREAS, the Board of Directors of the Temecula Community Services District has reviewed the proposed final FY 2001-02 annual operating budget and has held such public meetings as are necessary pdor to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Community Services District as follows: Section 1. That the FY 2001-02 TCSD operating budget is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the General Manager. C. The Board of Directors must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The Board of Directors must authorize any increase in regular personnel positions above the level indicated in the final budget. The General Manager may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. E. The General Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires Board of Directors action. F. Pursuant to Section 3.32.050 of the Temecula Municipal Code, the General Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require Board of Directors action, except that the General Manager may approve change orders on Public Works contracts approved by the Board in amounts up to project contingency established by the Board. Section 3. Outstanding encumbrances shown on the District books at June 30, 2001 are hereby appropriated for such contracts or obligations for FY 2001-02. Section 4. The Board Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED this 12th day of June 2001. ATTEST: Jeffrey E. Stone, President Susan W. Jones, CMC Distdct Secretary/City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, Susan W. Jones, Secretary of the Temecula Community Services District, do hereby certify that the foregoing Resolution No. CSD 2001- was duly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held on the 12th day of June 2001, by the following vote of the Board of Directors: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, CMC District Secretary/City Clerk PROPOSED OPERATI'NG BUDGET TEMECULA COMMUNI'TY SERVi'CES DTSTRTCT FI'SCAL YEAR 200'1-02 REVENUES BY FUND- COMMUNITY SERVICES DISTRICT Actual Actual Estimated Projected FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 Parks and Recreation $ 3,886,907 $ 4,457,878 $ 4,960,700 $ 5,653,000 Service Level B 324,875 357,922 378,000 540,000 Service Level C 607,215 607,697 615,800 1,057,000 Service Level D 2,294,255 2,337,268 2,636,260 3,070,000 Service Level R 13,119 12,593 12,100 13,000 Debt Service* 35,547 35,344 35,600 35,000 Total $ 7,161,918 $ 7,808,702 $ 8,638,460 $ 10,368,000 *Does not include operating transfers from Parks and Recreation to Debt Service Fund. S7.162 $7.809 $8.638 $10.368 FY 1998-99 FY 1999-00 Actual Actual [] Parks and Recreation ~]Service Level D FY 2000-01 Estimated VIService Le~l B · lService Level R FY 2001-02 Projected i*l Service Level C [] Debt Service* EXPENDITURE SUMMARY BY CATEGORY- COMMUNITY SERVICES DISTRICT FUNDS Operations Capital Operating Fund Personnel & Maintenance Outla}, Transfers Total Parks andRecreation* $ 2,175,950 $ 3,379,280 $ 6,700 $ 5,561,930 Service Level B 3,370 616,100 619,470 Service Level C 184,880 1,016,500 1,201,380 Service Level D 26,900 3,067,410 3,094,310 Service Level R 17,160 17,160 Debt Service 499,580 499,580 Total $ 2,391,100 $ 8,596,030. $ 6,7013 $ $ 10,993,830 * Parks and Recreation does not include $465,000 operating transfer to the Debt Service Fund. 2 DEPARTMENT: COMMUNITY SERVICES RECREATION SERVICES co~-rr~ SErViCeS Herman D. Parker DEPUTY DIRECTOR OF COMMUNITY SERVICES Phyllis Ruse I I DEVELOPMENT SERVICES I SERVICES Youth & Adult Sports Special Events Volunteer & Cultural Services Teen & Recreational Services Senior & Human Services Park Acquisition Park Development Assessment Administration Development Review Solid Waste Administration Park Maintenance Median Maintenance Slope Maintenance Facility Maintenance - Cable Television Administration DEPARTMENT: COMMUNITY SERVICES Program: Community Services Funding Source: PARKS AND RECREATION* Special Tax Benefit Assessments General Fund Actual Actual Budgeted Proposed Expenditure Summary FY 1998-99 FY 1999-00 FY 2000-01 FY 2001~02 Personnel $ 1,205,576 $ 1,411,302 $ 1,783,870 $ 2,175,950 Operations and Maintenance 2,142,549 2,460,612 2,947,150 3,379,280 Capital Outlay 17,238 24,947 64,950 6,700 SERVICE LEVEL B $ 3~3651363 $ 3~896~861 $. 41795~970 $ 5,561~930 Actual Actual Budgeted Proposed Expenditure Summary FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 Personnel $ 7,246 $ 73 $ 3,150 $ 3,370 Opemtinns and Maintenance 299,990 324,595 364,700 616,100 Capital Outlay SERVICE LEVEL C $ 307 236 $ 324,668 $ 367 850 $ 619~470 Actual Actual Budgeted Proposed Expenditure Summary FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 Personnel $ 109,071 $ 101,351 $ 109,820 $ 184,880 Operations and Maintenance 448,280 512,167 595,330 1,016,500 Capital Outlay $ 5571351 $.. 6131518 $ 705~150 $ 1~201~380 *Does not include operating transfers out. 4 DEPARTMENT: COMMUNITY SERVICES SERVICE LEVEL D Actual Actual Budgeted Proposed Expenditure Summary FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 Personnel $ 36,533 $ 21,022 $ 24,990 $ 26,900 Operations and Maintenance 2,242,086 2,323,165 2,632,170 3,067,410 Capital Outlay SERVICE LEVEL R Expenditure Summary Personnel Operations and Maintanan, $ Capital Outlay $ DEBT SERVICE Expenditure Summary Personnel Operations and Maintenan, $ Capital Outlay $ $ 2,278,619 $ 2,344,187 $ 2,657,160 $ 3,094,310 Actual Actual Budgeted Proposed FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 7,959 $ 11,493 $ 17,160 $ 17,160 7,959 $ 11,49..~3. $ 17,160 $ 17,160 Actual Actual Budgeted Proposed FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 501,607 $ 499,445 $ 498,000 $ 499,580 501,607 $ 499,445 $ 498,000 $ 499,580 DEPARTMENT: COMMUNITY SERVICES PARKS AND RECREATION Director of Community Services Deputy Director of Corranunity Services Maintenance Superintendent Development Services Administrator Recreation Superintendent Maintenance Supervisor Management Analyst Senior Landscape Inspector Museum Services Manager Aquatics Supervisor Recreation Supervisor Administrative Secretary Lead Maintenance Worker Recreation Coordinator Landscape Inspector Maintenance Worker Office Specialist Custodian Total SERVICE LEVEL B Management Analyst SERVICE LEVEL C Maintenance Superintendent Maintenance Supervisor Management Analyst Senior Landscape Inspector Landscape Inspector Office Specialist Total SERVICE LEVEL D Development Services Administrator Management Analyst offce Specialist Toml Community Services Total Authorized Authorized 2000-01 Changes 2001-02 1.00 0.00 1.00 1.00 0.00 1.00 0.70 0.00 0.70 0.85 0.00 0.85 1.00 0.00 1.00 1.40 0.00 1.40 0.50 0.00 0.50 0.50 0.00 0.50 1.00 1.00 2.00 0.00 1.00 1.00 2.00 0.00 2.00 1.00 0.00 1.00 1.50 0.00 1.50 3.00 0.00 3.00 0.25 1.00 1.25 1.50 1.00 2.50 2.30 0.00 2.30 1.00 0.00 1.00 20.50 4.00 24.50 0.05 0.00 0.05 0.05 0.00 0.05 0.30 0.00 0.30 0.30 0.00 0.30 0.50 0.00 0.50 0.50 0.00 0.50 0.30 0.00 0.30 1.95 0.00 1.95 0.15 0.00 0.15 0.15 0.00 0.15 0.10 0.00 0.10 0.40 0.00 0.40 22.90 4.00 26.90 6 DEPARTMENT: COMMUNITY SERVICES PROGRAM: RECREATION SERVICES MISSION: The Recreation Services Program is responsible for providing a comprehensive, Citywide recreation program that meets the recreation and human service needs within the community. 2000-01 ACCOMPLISHMENTS: Expanded High Hopes, Parent & Me, Tiny Tots and Mobile Recreation programs Completed a Museum Brochure Ongoing coordination of Sister City visitation Received in-kind service commitments from various local businesses Created and dislributed a coloring book brochure to increase park awareness Implemented an annual Summer Concert Series GOAL 1: OBJECTIVES: GOAL 2: OBJECTIVES: GOAL 3: OBJECTIVES: GOAL 4: OBJECTIVES: PLAN, PROGRAM AND IMPLEMENT AQUATIC ACTIVITY AT THE CHAPARRAL HIGH SCHOOL POOL Increase the overall number of aquatic opportunities offered by the City at the Chaparral High School Pool DEVELOP A BANNER PROGRAM FOR ESTABLISHED CITYWIDE SPECIAL EVENTS Establish a banner program that increases the community's awareness of major citywide special events Pursue the type of banner that is most cost effective and seek sponsorship funding for each event's marketing materials DEVELOP AND IMPLEMENT "MAIL-IN" REGISTRATION OPPORTUNITIES FOR SWIM LESSONS AND TINY-TOT PROGRAMS Reduce the time necessary to register participants for popular City programs DEVELOP AND IMPLEMENT ACTIVITIES FOR THE CHILDREN'S MUSEUM Increase the overall number of opportunities offered by the Children's Museum Maintain a well supplied and stocked giR shop 7 DEPARTMENT: COMMUNITY SERVICES GOAL 5: OBJECTIVES: GOAL 6: OBJECTIVES: PLAN, PROGRAM AND IMPLEMENT A SUMMER CONCERT SERIES ~ Coordinate and implement an Annual Summer Concert Series ~' Provide a variety of musical entertainment to increase attendance by the community ANNEXATION OF VAIL RANCH ~ Coordinate and implement a Grand Opening celebration ~ Incorporate special events and programs in the Vail Ranch area (i.e., Annual Spring Egg Hunt and Mobile Recreation Program) PERFORMANCE MEASURES: Number of aquatic programs implemented at Chaparral High School Recreation program banners Mail-in registration for Tiny Tots and Swim Lessons Number of birthday party programs at the Children's Museum Number of excursion programs implemented at the Children's Museum Projected Actual Projected Projected FY 1999-00 FY 1999-00 FY 2000-01 ~ N/A N/A N/A 6 0 0 0 2 0 0 0 4 0 0 0 24 0 0 0 2 DEPARTMENT: COMMUNITY SERVICES PROGRAM: DEVELOPMENT SERVICES MISSION: The Development Services Program is responsible for park site acquisition and development, assessment engineering, development review, and solid waste and cable television franchise administration. 2000-01 ACCOMPLISHMENTS: Completed the design of the Chaparral High School swimming pool Completed the Children's Museum Feasibility Study Completed the design of the Rancho California Sports Park Lighting Project Provided for the dedication of Long Canyon Creek Park on December 12, 2000 Completed the master plan for the Temecula Public Library Completed 40-Acre Sports Complex Master Plan Completed the Water Park Feasibility Study GOALI: OBJECTIVES: GOAL 2: OBJECTIVES: GOAL 3: OBJECTIVES: PROVIDE A COMPREHENSIVE, BALANCED NEIGHBORHOOD COMMUNITY PARK AND RECREATIONAL FACILITIES SYSTEM THROUGHOUT THE CITY OF TEMECULA Complete the 40-Acre Sports Park Complete design and construction of the Children's Museum Assist with the completion of the Library grant application Complete construction of Chaparral Aquatics Facility Complete improvements for ADA access at Rancho California Sports Park and selected school sites Coordinate with Public Works to design and start construction of the trail improvements along Murrieta Creek, utilizing the TEA grant monies Seek grant funding for trails, museums and other City facilities INCREASE EFFICIENCY WITHIN THE DIVISION Ascertain benefits and capabilities of Sierra Software and train staffto implement use Implement written policies and procedures Create an election package for developers to inform them of costs, requirements and timing of in-house audit of assessment appeals Compile all appeals on a database for easy access DEVELOP NEW PROCEDURES TO MAINTAIN AND IMPROVE THE CITY'S SOLID WASTE DIVERSION RATES Continue to monitor solid waste and correct tonnage attributed to the City that originate in other areas Develop new programs for residents and commercial refuse generators to educate and help them set recycling goals Complete our own Solid Waste Diversion Annual Report Seek additional grant funding DEPARTMENT: COMMUNITY SERVICES GOAL 4: OBJECTIVES: GOAL 5: OBJECTIVES: PERFORMANCE MEASURES: INCREASE MARKETING OF RECREATION FACILITIES P Fund, design and produce a City Parks Brochure ~ Increase use of City web site VAIL RANCH ANNEXATION Name all parks sites within the Vail Ranch annexation area Install park signs at all named parks within the Vail Ranch annexation area Complete improvements to Vail Ranch Projected FY ! 999-09 Number of capital projects completed Number of Improvements completed in annexation area Number of recreational marketing techniques developed Number of written policies and procedures created 4 0 0 0 Actual FY i 999-90 4 0 0 0 Projected FY 2000-01 6 0 0 0 Projected FY 2001-02 4 4 2 3 10 DEPARTMENT: COMMUNITY SERVICES PROGRAM: MAINTENANCE SERVICES MISSION: The Maintenance Services Program is responsible for providing effective landscape and facility maintenance services to parks, slopes, medians, recreation facilities and City administrative offices. 2000-01 ACCOMPLISHMENTS: .Worked with West Coast Arborists and GIS to develop and acquire software to Implement an urban forest management program for City parks, slope areas and facilities Implemented a slope rehabilitation program identifying sites to be included in the slope area rehabilitation project Designed the central control (Maxicom) system GOAL 1: OBJECTIVES: GOAL 2: OBJECTIVES: GOAL3: OBJECTIVES: PROVIDE A SAFE AND ATTRACTIVE FACILITY, PARK, SLOPE AND TRAIL SYSTEM Ensure sites are safe, clean and green at all times Ensure performance compliance of City maintenance contractors Develop priorities for site repairs, renovations and rehabilitation Work closely with the Police Department to monitor problem areas to increase public safety and vandalism response DEVELOP AND IMPLEMENT AN UPDATED PLAYGROUND SAFETY PROGRAM TO MEET CURRENT SAFETY GUIDELINE REQUIREMENTS Conduct an inventory and safety audit of all City owned play structures to determine compliance with current safety guidelines Identify non-compliant play structures and prioritize a retrofit/repair program Implement retrofit/repair program Acquire a state of the art software program to manage all playground safety data Appropriate funding to conduct inventory and safety audit, purchase software program and begin retrofit and repair program IMPLEMENT A PROGRAM TO OBTAIN ADDITIONAL TRAINING FOR MAINTENANCE STAFF IN VARIOUS CONSTRUCTION AND BUILDING MAINTENANCE TRADES Hold in-house training classes where staff share their training and expertise Request equipment and material vendors to provide on-site and off-site training Acquire basic home/facility improvement text books for staffto study and review various topics in staffmeeting or study classes Encourage staff to seek and complete additional training opportunities Il DEPARTMENT: COMMUNITY SERVICES GOAL 4: OBJECTIVES: GOAL 5: OBJECTIVES: STANDARDIZE FIELD, COURT AND AREA LIGHTING CONTROLLERS AT CITY PARKS AND FACILITIES Evaluate and select a standard lighting controller system De~,elop a procedure for field, court, parking lot and area lighting operation and maintenance Identify and prioritize sites in need of the upgrade; and appropriate funding for design and installation of lighting conn'ol systems VAIL RANCH ANNEXATION Evaluate and select a standard lighting controller system De.velop a procedure for field, court, parking lot and area lighting operation and maintenance Identify and prioritize sites in need of the upgrade; and appropriate funding for design and installation of lighting control systems PERFORMANCE MEASURES: Complete the audit of 24 play structures at City park sites Complete retrofit based upon audit results Hold quarterly training sessions with staff Increase division library reference manuals, books and catalogs Select standard lighting control system Install new lighting control system at designated sites Projected Actual Projected Projected FY i 999-00 FY 1999-00 FY 2000-01 ~ N/A N/A N/A 24 N/A N/A N/A 12 N/A N/A 0 4 N/A N/A 0 3 N/A N/A N/A l N/A N/A N/A 2 12 DEPARTMENT: COMMUNITY SERVICES MISSION: PROGRAM: DEBT SERVICE The Debt Service Program provides for the payment of principal, interest, and related costs for the 1992 Certificates of Participation issued for the construction of the Community Recreation Center. 2000-01 ACCOMPLISHMENTS: ~' All debt service and related costs for the 1992 Certificates of Participation were made in a timely manner GOAL 1: ENSURE TIMELY PAYMENT OF DEBT SERVICE AND RELATED COSTS 13 REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MARCH 27, 200t A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:33 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR I Lease of A,qency Property - 27500 Jefferson Avenue RECOMMENDATION: 1.1 Approve a two-year lease agreement with the Donna Reeves Trust UTD 7-25-90 for Agency property located at 27500 Jefferson Avenue. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Stone and voice vote reflected unanimous approval. DEPARTMENTAL REPORT No additional comments. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comment. R:\Minutes.rda\032701 1 ADJOURNMENT At 8:34 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, April 10, 2001, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Robe,s, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R:~vlinutes.rda\032701 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY APRIL '10, 2001 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:36 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Pratt, Stone, and Chairman Roberts. ABSENT: 0 AGENCY MEMBER: None. Also present were Executive Director Nelson, Assistant City Attorney Curley, and City Clerk Jones. PUBLIC COMMENTS No input. Mayor Comerchero advised that the City Council would convene for the purpose of a Joint meeting with the Redevelopment Agency. AGENCY BUSINESS Formation of Joint Exercise of Powers Authority; Approval of Deposit/Reimbursement Agreement RECOMMENDATION: 1.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 1.2 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 01- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF A JOINT EXERCISE OF POWERS AUTHORITY WITH THE CITY OF TEMECULA 1.3 That the City Council and the Redevelopment Agency execute the joint exercise of powers agreement creating the Temecula Public Financing Authority. R:\Minutes\041001 1 Mr. Wesley Hylen, representing Ashby Development Company, Inc., provided the rationale for the request to have this item continued, noting that there was a change in ownership and that the documents were not in the proper format to be signed; and in response to Chairman Roberts, specified the desire to continue the matter to the April 24, 2001 meeting. Mr. Richard Ashby, representing Ashby Development Company, Inc., provided an overview of the tax issues, emphasizing the desire for a staff member of his, or himself, to be involved in any meetings discussing this issue, relaying his opposition if the tax figure was over 1.99%. MOTION: Agency Member Comerchero moved to continue this matter to the April 24, 2001 meeting. The motion was seconded by Agency Member Stone and voice vote reflected unanimous approval. At 8:42 P.M. Mayor Comerchero advised that the City Council would recess from this joint meeting. DEPARTMENTAL REPORTS EXECUTIVE DIRECTOR'S REPORT For clarification, Executive Director Nelson relayed that if, and when, the City does proceed with the formation of the CFD, that Mr. Ashby will be closely involved with the CFD process. AGENCY MEMBERS'REPORTS No comments. ADJOURNMENT At 8:43 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to the next regular meeting on April 24, 2001, scheduled to follow the Community Services District meeting, in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, CMC/AAE City Clerk/Agency Secretary [SEAL] R:\Minutes\041001 2 ITEM 2 APPROVAL ~'~h ~ C~NEY ~J~/ FINANCE DIRECTOR CITY MANAGER._~ TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members John Meyer, Redevelopment Director June 12, 2001 First Amendment to Professional Services Agreement with Fisher Merriman Sehgal Yanez, Inc. RECOMMENDATION: That the City of Temecula Redevelopment Agency Board: 1. Amend the Professional Services Agreement with Fisher Merriman Sehgal Yanez, Inc. for the final design of the Old Town Community Theater in the amount of $420,000; 2. Approve a 10% contingency in the amount of $42,000. BACKGROUND: On April 24, 2001, the Agency Board approved the schematic design and site master plan for the Old Town Community Theater and directed staffto proceed with development design and construction drawing phase of the project. The first amendment to the professional services agreement with Fisher Merriman Sehgal and Yanez, Inc. is for the phase II design of the Old Town Community Theater. This will include design development, construction drawings and bid documents. FISCAL IMPACT: Phase II design of the Old Town Community Theater, with contingency is $462,000. There are adequate funds in the current Capital Improvement Program budget. ATTACHMENT: 1. Second Amendment to Agreement 2. Professional Services Agreement with Fisher Merriman Sehgal Yanez, Inc. 3. Scope of Work R:\Oldtown\Temecula Playhouse~staffreportexclusfishm2.doc SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES SECOND AMENDMENT TO AGREEMENT BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND FISHER MERRIMAN SEHGAL YANZ, INC. THIS SECOND AMENDMENT is made and entered into as of May 22, 2001 by and between the Redevelopment Agency of the City of Temecula, a municipal corporation ("Agency") and Fisher Merriman Sehgal Yanez, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as foilows: 1. This Amendment is made with respect to the following facts and purposes: A. On June 13, 2001 the Agency and Consultant entered into that certain agreement entitled "Redevelopment Agency of the City of Temecula Agreement for Consultant Services" ("Agreement"). B. The Agreement was amended on May 24, 2001. The Agreement as amended shall be referred to as the "Agreement." C. The Agency Board approved the schematic design and site master plan on April 24, 2001. The parties now desire to amend the Agreement as set forth in this Amendment. 2. The following sentence is added to Section 2 of the Agreement: "The Consultant shall proceed with Stage II of the project design as set forth in Section 1.0.B. of Exhibit A, the Scope of Work. 3. Section 4 of the Agreement is amended to provide that the maximum payment for the Consultant's services shall be five hundred forty one thousand dollars ($541,000) consisting of $75,000 for Stage I Design, $420,000 for Stage II Design, $42,000 contingency for Stage II Design and $4,000 for reimbursable expenses, as provided in Exhibit B. 4. Exhibit B attached hereto, is hereby added to and describes the fees and project schedule. 5. Except for the changes specifically set forth herein, all other terms and Conditions of the Agreement shall remain in full force and effect. R:~4MENDMENT~i2NDAMENDMENTFISHERMERRI'DOC 1 IN WlTN ESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA BY: Ronald E. Roberts, Chairperson ATTEST: BY: Susan W. Jones, CMC City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONSULTANT BY: FISHER MERRIMAN SEGHAL YANZ INC 5567 Reseda Blvd., Suite 209 Tarzana, CA 91356 NAME: TITLE: BY: NAME: TITLE: (Two Signatures Required For Corporations) R: b~IENDMEN~2NDAMENDMENTFISHEP~dERRI. DOC 2 Temecula CommunityTheatreProposal John Meyer 25 May 2000 page 5 2.0 3.0 4.0 EXHIBIT B PHASE I FEES: We propose a lump sum fee of $ 75,000.00 for Programming and Schematic Design, which would be comprised of the following per phase: A. Programming: .......................................................................... $15,000.00 B. Schematic Design Phase: ........................................................... 60,000.00 C. Total ........................................................................................ $ 75, 000.00 D ................................................................................................... Completed PHASE II The architectural/engineering design fees for the subsequent phases of the project will be based upon 9.35% (85% of 11%) of the estimated construction cost calculated at the end of the Schematic Design Phase. The remaining fee for subsequent phases shall be distributed as follows: E. F. G. H. Design Development Phase ............................................. $105,000 Construction Documents Phase ................................................... $189,000 Bidding ........................................................................................... $21,000 Construction Administration ......................................................... $105,000 Total ............................................................................................. $420,000 PROGRESS PAYMENTS: For our services, we would invoice monthly based upon a mutually agreed upon assessment of percentage of completion within each phase. ADDITIONAL SERVICES: After the Construction Documents Phase has commenced, if significant changes are made in the program or design by the Agency, independent of meeting the project budget, the Architect shall be compensated for additional services. Additional services shall be billed at our following hourly rates: B. C. D. E. F. Senior Principal ............................................................................. $135/hr. Junior Principals ............................................................................... 100/hr. Theatre Consultant ............................................................................. 75/hr. Senior Designers ................................................................................ 60/hr. Junior Designers ................................................................................ 50/hr. CAD Operators .................................................................................. 45/hr. REIMBURSABLE EXPENSES: Reimbursable expenses will be billed at cost, plus 10% handling charges. Reimbursable expenses would include, but not be limited to, photography, reproductions and computer plotting beyond the described deliverables per phase, postage and handling of drawings, and messenger charges. Allowance ............................................................................................. $ 4,000.00 Temecula CommunityTheatreProposal John Meyer 25 May 2000 page 6 EXHIBIT B 1.0 PROJECTED SCHEDULE: Our Scope of Work would be performed pursuant to the following projected schedule: B. C. D. E. F. G. Programming .............................................................................. 4 weeks Schematic Design ...................................................................... 8 weeks Design Development ............................................................... 12 weeks Construction Documents .......................................................... 20 weeks Bidding ....................................................................................... 4 weeks Construction Administration ...................................................... 52 weeks Total ...................................................................................... 100 weeks REDEVELOPMENT AGENCY OF THE AGENCY OF TEMECULA PROFESSIONAL SERVICES AGREEMENT DESIGN OF THE OLD TOWN COMMUNITY THEATER THIS'AGREEMENT, is made and effective as of June 13, 2000, between the Redevelopment Agency of the Agency of Temecula (~Agency"), a Agency within the municipal corporation of the Redevelopment Agency of Temecula and Fisher Merriman Seghal Yanez Inc., ("Consultant'S. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on June 13, 2000, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 2002, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Co'~sultant shall pellorm the services and 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 C. 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 Redevelopment Agency agrees to pay CONSULTANT in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks and not to exceed the sum of Seventy-Five Thousand Dollars ($75,000) unless additional contingency work is approved by the Executive Director of the Agency in an amount not to exceed ten percent (%10) of the maximum amount. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. Agency shall reimburse Consultant up to Four Thousand Dollars ($4,000) for expenses as provided in Exhibit El. 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 Redevelopment Agency Executive Director. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by The Redevelopment Agency Executive Director and CONSULTANT at the time Executive Director authorizes the additional work. Any additional work in excess of Eight Two Thousand Five Hundred Dollars ($82,500), (which amount is the contract amount plus the 10% contingency), shall be approved by the Redevelopment Agency. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and f~eenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. ,5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSI-. a. The Agency 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 pdor written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the Agency 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 Agency 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 Agency. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 4. 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, Agency 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 wdtten notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder adses 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 Executive Director 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 wdtten 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 Agency 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 DOCUMENTfi, a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by Agency 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 identi- fied and readily accessible. Consultant shall provide free access to the representatives of Agency or its designees at reasonable times to such books and records, shall give Agency the right to examine and audit said books and records, shall permit Agency 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 containing data generated for the work, 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 Agency and may be used, reused or otherwise disposed of by the Agency without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the Agency, upon reasonable written request by the Agency, the necessary computer software and hardware for purposes of accessing, compiling, transferring and pdnting Computer files. c. With respect to the design of public improvements, the Consultant shaft not be liable for any injudes or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the wdtten consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the Agency, its officers, officials, employees and volunteers from and against any and all c/aims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the Agency,/ts 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 properly arising out of Consultant's negligent or wrongful acts or omissions adsing out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the Agency. 9. I_NSURANCE REQUIREMENTR. Consultant shall procure and maintain for the duration of the contract insurance against claims for injudes to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant,/ts agents, representatives, or employees. a. _Minimum Scope of Insurance Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General LJabifity policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of Cafifomia and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional Liability Insurance shall be written on a policy form providing Professional liability for the Consultant's profession. .Minimum Limits of Insurancn. Consultant shall maintain limits no less than: $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 projectJlocation 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. (1) (2) (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage:: Two million ($2,000,000) per claim and in aggregate. c. _Deductibles and Self-Insured Retention.-,. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director. At the option of the Executive Director, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, 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. O~ther Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (2) (3) (4) (5) The Agency, 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 Agency, its officers, officials, employees or volunteers. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees and volunteers. Any insurance or self- insured maintained by the Agency, its officers, officials, employees or volunteers shall be excess of the Consultant'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 Agency, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 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 Agency. e. Acceptability of Insurem. 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 Agency. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Covereqe Consultant shall furnish the Agency with original endorsements effectin~ 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 Agency. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the Agency's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, incJuding endorsements effecting the coverage required by these specifications. 10. !NDEPENDENT cONTRACTOr. a. Consultant is and shall at all times remain as to the Agency 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 Agency nor any of its offioers, employees, agents, or volunteers 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 Agency. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against Agency, or bind Agency 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, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. ~LEGAL RESPONSIBILmFR. The Consultant shall keep itself informed of all local, State and Federal ordinances, 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 ordinances, laws and regulations. The Agency, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to Comply with this section. 12. .RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Agency 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 Agency notice of such court order or subpoena. b. Consultant shall promptly notify Agency 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. Agency retains the fight, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide Agency with the opportunity to review any response to discovery requests provided by Consu rant. However, Agency's right to review any such response does not imply or mean the dght by Agency to control, direct, or rewrite said response. 1:~. 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 n~n'v ~e set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: Redevelopment Agency Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 To Consultant: 43200 Business Park Ddve Temecula, California 92590 Attention: Executive Director Fisher Merriman Sehgal Yanez Inc. 5567 Reseda Blvd., #209 Tarzana, CA 91356 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 Redevelopment Agency. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Consultant shall perform the services described in this Agreement. Consultant may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide Agency fourteen (14) days' notice prior to the departure of Consultant from Consultant's employ. Should he or she leave Consultant's employ, the Agency shall have the option to immediately terminate this Agreement, within three (3) days of the dose of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and |nduding, the date of termination or as may be othenvise agreed to in writing between the Executive Director 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 Agency 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 geographic jurisdiction over the Agency of Temecula. In the event such litigation is filed by one party against the other to enforce its dghts under this Agreement, the prevailing party, as determined by the Court's judgement, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. .PROHIBITED INTEREST. No officer, or employee of the Redevelopment Agency of the City of TemecuJa shall have any finandal interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, dudng his/her tenure or for one year thereafter. The Contractor hereby warrf'=nts and represents to the Agency that no officer or employee of the City of Temecula has any interest, whether contractual, non~ contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the Agency in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. .A. UTHORI'I'Y 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 WITNES~ WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above wdffen. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Attest: ~.usan W. ones, CMC ' Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Fisher Merdman Sehgal Yanez Inc. 5567 Reseda Blvd., #209 Tarzana, CA 91356 (Signatures of t'~vo corporate officers required for Corporations) 25 May 2000 Fisher Merriman Sehgal Yanez Inc. 5567 Reseda Blvd., Suite 209 ~ Tarzana, CA 91356 IIII (818) 344-3045sy Fax (818) 344-0338 mail@jsfarchs.com John Meyer Redevelopment A"gency City of Temecula 43200 Business Park Drive Temecula, CA 92590 RE: Temecula Old Town Community Theatre Revised Proposal for Architectural Services Dear John: Thank you very much for your selection of our firm as the Architect for this most significant project. It is our understanding that the Redevelopment Agency is working in partnership with the local non-profit Theater Foundation to fund and develop this community theatre project and related facilities, which would consist of the following: A 300-seat theatre (with the possibility of a future 200 seat balcony) with a fly loft within approximately 10,000 SF. A two. story event hall building with classrooms & a rehearsal room of approximately 6,600 SF. The renovation of a historical 1891 one-story building of 2,160 SF as the lobby. The seismic retrofit would be outside the scope of our work. We would be most pleased to perform architectural basic services, the scope Of which would include normal structural, mechanical and electrical engineering, as well as theatre lighting, rigging, drapery and platform systems, plus acoustical, AN systems, landscaping and all other improvements needed to complete the theatre ready for occupancy except for moveable non-theatrical furniture, fixtures and equipment. 1.0 SCOPE OF WORK: Our architectural/engineering design services would be performed in two stages. Stage I would include Programming and Schematic Design. Stage II would be comprised of Design Development, Construction Documents, Bidding, and Construction Administration. The following outlines our scope of work per phase: Stage I 1. Programming The Architect will develop the building spatial needs program with the Redevelopment Agency and the potential user groups, which will be dedved from conducting and facilitating community meetings (5 meetings are anticipated). Temecula Community Theatre Proposal John Meyer 25 May 2000 page 2 B. Stage 3. Schematic Design Phase: The Architect shall provide alternative approaches to design and construction to satisfy the City and Community's needs. Presentations shall be made to the Redevelopment Agency and other applicable agencies and groups for their approval. The Architect shall prepare deliverables consisting of final schematic drawings based upon the approved design, consisting of plans, sections, elevations and perspectives, and shall prepare outline specifications. The Architect shall review the construction cost prepared by the cost estimator hired by the Redevelopment Agency. The Agency approval of the schematic design shall be the completion of this phase, at which time the inclusion of the Mt. San Jacinto College program requirements within the proposed facility will be evaluated by the Agency and a construction cost estimate will be prepared based upon an updated program to be used in subsequent phases. I1: Design Development Phase: Based upon the approved schematic design drawings, the Architect shall prepare design development documents establishing the design, size of the project, materials, and the structural, mechanical, electrical, theatre, acoustical, and AA/ systems as well as the landscape design. The Architect shall prepare deliverables consisting of partially dimensioned and noted floor and roof plans, sections, and elevations as base sheets to the Consultants. Short form specifications shall be provided. The construction cost estimate will be updated with the cost estimator again. The Agency approval of the design development drawings shall constitute the completion of this phase and the approval of the Architect's design. Construction Documents Phase: Based upon the approved design development drawings, the Architect shall prepare and deliver full working drawings and full specifications necessary for public bidding, permits, and for construction. The Architect shall obtain any variances and all approvals necessary for the issuance of all permits. The Architect will coordinate with the cost estimator on a construction cost analysis when construction documents are 80% complete. Sufficient deductive alternates will be stipulated in order to ensure that the project budget will be achieved without re-drawing and without re-bidding. The delivery of reproducible documents with permits and all approvals needed to construct the theatre shall constitute the completion of this phase. Temecula Community Theatre Proposal John Meyer 25 May 2000 page 3 2.0 3.0 Bidding Phase: The Agency shall prepare its public bid document, obtain public bids and award and prepare construction contracts. The Architect shall prepare clarifications to the construction documents, write any addendums needed to cladfy the bid. documents, and generally assist the Agency in the bidding phase. The Architect shall endeavor to cause qualified general contractors to bid and shall assist the Agency in obtaining bids for the theatre systems. Construction Administration: The Architect shall monitor the work by making two site visits per month. Additional weekly site visits may be made as requested. The Agency shall be the Construction Manager. The Architect shall answer all RFIs, provide supplemental instructions and field drawings as necessary, review and approve all shop drawings, prepare all technical change orders and review progress payments. The services would conclude upon completion of construction, that is, after the issuance of the final punch list, after completion of the work and final Application and Certificate for Payment and upon receipt of the Certificate of Occupancy and Agency approval. EXCLUSIONS: Our proposal is based upon the Agency providing construction management services, an architectural topographic survey, cost estimating services, soil engineering data, preparing bid documents, advertising for bids, and awarding the construction contract. DELIVERABLES: Our deliverables at each phase would be as follows: A. Schematic Design Phase: 1. CSI format outline specifications (electronic file and a hard copy). 2. E size amhitectural drawings prepared on AutoCAD r14 (electronic files and one set of computer plots of drawings each at 50% and 100% completion). B. Design Development Phase: I Print ready electronic format CSI format Design Development specifications (electronic file and a hard copy). 2. E size architectural drawings prepared on AutoCAD r14 (electronic files and one set of computer plots of drawings each at 50%, 90%, and 100% completion). C. Construction Documents Phase: 1. Project Manual with CSI format Construction Documents specifications (electronic file and a hard copy). 2. E size architectural drawings prepared on AutoCAD r14 (electronic files and one set of computer plots of drawings each at 50%, 80%, and 100% completion). page 4 Attached are E.xhibits B and c which desc~e our fees and proiected schedule. Please let us know ~f you require any furff~er irfformation or clarification. We look forward to ff~e execution of lhe conffact and to working wilh you and ff~e Redevelopment Agency on most e.xcf~g'project. Sincerely, , · AYla Dealey, Renton & Associa_es P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 THIS CERTIFICA S ISSUED AS A MATTER OF INFORMA' ONLY AND CO,. .RS NO RIGHTS UPON THE CERTIFIC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ALTER THE COVERAGE AFFORDED BY THE POLICIES BELL INSUREC John Sergio Fisher AIA & Associates 5567 Reseda Blvd., Ste.209 ' INSURER Tarzana, CA 91356 IINSURERE:' INSURERS AFFORDING COVERAGE ~ ~nSURSR A:Agricultural I INSURER B: INSURER C: Insurance Company COVERAGES THE PO(JC]ES OF INSURANCE L~¥~'U BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO[JCY PERIOD INDICATED. NoTwmHSTAND:/, ANY REQUIREMENT. TERM OR CONDITION 'OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED C MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLJCJES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E)(CLUSlONS AND CONDITIONS OF GENERAL LIABILITY i I i i EACH OCCURRENCE $ i CLAIMEMAG~ ;occuRiNote. As respects certain project,m includingiF~REOAMAGE(A"y°n'!irels , i(01d Town Temucula Community Theater), an l _~j laddit-ional limit of ~EN%AGGPEGA~ELIMITAP~LIESRER:I '$1,000,000 each c aim ~ !LOC ! $1,000,000 ~ A§gregate AUTDMOm'"UAE~UT~ !iS provided by endorsement to the ~ policy. i EODILYINJURY i ALL OWNED A~TOS IIANYAUTO ~r' DEDUCTIBLE RET-NTrON A ; OTHER professional iEDN3209266 iLiability * i* See note above. 04/18/00 AUTO ONLY- EA ACC!~ENT' OTHER THAN EAACC S AUTOONLY: AGG ; S ' EACH OCCURRENCE AGGREGATE WC ETATU- OTH- :E,L.DISEASE.EAEMPLOYEE $ 04/18/03;$1,000,000 per claim ! $1,000,000 annl aggr Project: Old Town Temucula Community theater. ~ $57000 Ged. @ claim CERTIFICATE HOLDER : ! AGOfTION~LINSUF~_:O:ln~JF~RL~i i~_~ CANCEl t ~,T1ON Redevelopment Agency of The City of Temecula P.o. Box 9033 Temecula, CA 92589-9033 DATE THEREOF,'FHE ISSUING t NSURER WiLL E N OEAVOR TO MAI L~ ~J DAYSWRFFT[ ITEM 3 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Agency Directors Shawn D. Nelson, Executive Director June 12, 2001 Review and Adoption of the FY 2001-02 Annual Operating Budget PREPARED BY: Genie Roberts, Director of Finance~~-' Tim McDermott, Assistant Finance Director RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. RDA 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2001-02 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS DISCUSSION: The Temecula Redevelopment Agency (RDA) consists of three funds, the Low/Moderate Income Housing Fund, the Capital Projects Fund, and the Debt Service Fund. RDA Revenues Overall, a $429,600 or 4.5% increase in total RDA revenue is projected. Gross property tax increment revenue is projected to increase by $512,000 (5.8%). This increase is a reflection of retail and industrial development in the project area, as well as a reversal of the assessed valuation declines that occurred in the project area throughout the late 1990's. A decrease will be realized in investment interest, due to the continued expenditure of RDA tax increment on capital improvement projects. RDA Expenditures A summary of the significant items included in the proposed budget is as follows: Low/Moderate Income Housinq > A net decrease in operating expenditures is proposed, due to reductions in consulting services and the first time homebuyer program Redevelopment > A net decrease in operating expenditures is proposed, due to reductions in consulting services and the fagade improvement program. $200,000 is included for Old Town development incentives $75,000 is included for the fagade improvement program A $35,530 increase is proposed for Old Town Implementation Plan activities Debt Service > A $375,000 increase is reflected in passthrough agreements as a result of increased tax increment revenue > Includes $225,000 repayment to City's General Fund for several land acquisitions (6th Street, Mercantile Building) FISCAL IMPACT: The proposed RDA operating budget reflects a spending plan that is balanced within projected revenues, and provides resources for various capital improvement projects. Attachments: Resolution No. RDA 2001- FY 2001-02 Annual Operating Budget RESOLUTION NO. RDA 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2001-02 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Temecula has reviewed the proposed final FY 2001-02 annual operating budget and has held such public meetings as are necessarY prior to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Redevelopment Agency of the City of Temecula as follows: Section 1. That the FY 2001-02 RDA operating budget is hereby adopted. Section 2. appropriations: A. That the following controls are hereby placed on the use and transfers of budget No expenditure of funds shall be made unless there is an unencumbered apprepdation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the Executive Director. C. The Agency Members must authorize transfers (appropriations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The Agency Members must authorize any increase in regular personnel positions above the level indicated in the final budget. The Executive Director may authorize the hiring of temporarY or part time staff as necessary within the limits imposed by the controls listed above. E. The Executive Director may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires Agency Member action. F. Pursuant to Section 3.32.050 of the Temecula Municipal Code, the Executive Director may authorize Public Works contracts in amounts up to $25,000. Any expenditure of Public Works funds in excess of $25,000 require Agency Member action, except that the Executive Director may approve change orders on Public Works contracts approved by the Agency Members in amounts up to project contingency established by the Agency Members. Section 3. Outstanding encumbrances shown on the Agency books at June 30, 2001 are hereby appropriated for such contracts or obligations for FY 2001-02. Section 4. The Agency Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Redevelopment Agency of the City of Temecula this 12th day of June 2001. ATTEST: Ron Robeds, Chairperson Susan W. Jones, CMC Agency Secretary/City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 2001- was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof held on the 12th day of June 2001, by the following vote: AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Susan W. Jones, CMC Agency Secretary/City Clerk PROPOSED OPERATING BUDGET TEMECULA REDEVELOPMENT AGENCY FTSCAL YEAR 2001-02 REVENUES BY FUND- REDEVELOPMENT AGENCY Actual Actual Estimated Projected FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 Low/Moderate Income Set Aside $ 3,029,270 $ 1,716,979 $ 2,054,200 Redevelopment* 391,181 188,008 219,200 Debt Service 5,587,724 7,200,904 9.117,750 Total $ 9,008.175 $ 9,105,891 $ 11,391,150 $ 2,069,000 224,000 9,778,000 $ 12,071,000 *Does not include operating transfers from Debt Service Fund. FOUR YF~R COMPARISON $11, $9.008 FY 1998-99 $11.391 $9.106 $12.071 · Debt Sen,ice I I F1 Redevelopment* · Low/Moderate Income Set Aside EXPENDITURE SUMMARY BY CATEGORY- REDEVELOPMENT AGENCY FUNDS Fund Operations Capital Operating Personnel & Maintenance Outlay Transfers Total Low/Moderate lncome SetAside $ 1%,310 $ 446,840 $ 5,000 $ 648,150 Redevelopment 80,040 941,410 5,000 1,026,450 Debt Service* 8,508,640 8,508,640 Total $ 276,350 $ 9,896,890 $ 10,000 $ $ 10,183,240 *Debt Service does not include $ 808,000 operating transfer to the Redevelopmem Fund. DEPARTMENT: REDEVELOPMENT AGENCY DIRECTOR OF HOUSING/REDEVELOPMENT John Meyer HOUSING Temecula O.N.E. ~lomebuyer Residential Improvement Programs Land Acquisition Affordable Housing Project Development Projects Old Town Specific Plan Implementation Old Town Advisory Committee Community Liaison 3 DEPARTMENT: REDEVELOPMENT AGENCY Program: Low/Moderate Income Housing Set Aside Funding Source: Tax Increment Expenditure Summary Actual Actual Budgeted Proposed FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 Personnel $ 177,681 $ 196,712 Operations and Maintenance 422,582 213,102 Capital Outlay 805 $ 600,263 $ 410,619 $ 215,320 $ 196,310 594,410 446,840 1,050 5,000 $ 810,780 $ 648,150 Program: Redevelopment Funding Source: Tax Increment Expenditure Summary Personnel Operations and Maintenance Capital Outlay Actual Actual Budgeted Proposed FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 85,956 $ 76,245 $ 74,750 $ 80,040 706,221 478,038 1,176,580 941,410 64,024 8,884 500 5,000 $ 856,201 $ 563,167 $ 1,251,830 $ 1,026,450 Program: Debt Service* Expenditure Summary Personnel Operations and Maintenance Capital Outlay Funding Source: Tax Increment Actual Actual Budgeted Proposed FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02 $ 4,891,673 $ 5,814,047 $ 7,532,550 $ 8,508,640 $ 4,891,673 $ 5,814,047 $ 7,532,550 $ 8,508,640 *Does not include operating transfer to the Redevelopment Fund. 4 DEPARTMENT: REDEVELOPMENT AGENCY LOW/MOD HOUSING Director of Housing/Redevelopment Senior Management Analyst Administrative Secretary REDEVELOPMENT Director of Housing/Redevelopment Senior Management Analyst AdminisU'ative Secretary Redevelopment Agency Total Authorized Authorized 2000-01 Changes 2001-02 0.75 0.00 0.75 0.75 0.00 0.75 0.50 0.00 0.50 2.00 0.00 2.00 0.25 0.00 0.25 0.25 0.00 0.25 0.50 0.00 0.50 1.00 0.00 1.00 3.00 0.00 3.00 DEPARTMENT: REDEVELOPMENT AGENCY PROGRAM: HOUSING MISSION: The Housing Program is responsible for developing, rehabilitating, and preserving affordable housing opportunities. 2000-01 ACCOMPLISHMENTS: Funded 6 flint time homebuyem Funded 55 residential improvements, consisting of painting, roofing and fencing repairs Negotiated with three development partners and one property owner for the development of affordable housing units GOAL 1: OBJECTIVES: PROVIDE QUALITY HOUSING OPPORTUNITIES FOR LOW AND MODERATE INCOME FAMILIES AND TO EXPAND THEIR AVAILABILITY Ensure compliance with State Redevelopment Law Monitor existing affordable housing covenants Administer the First Time Homebuyer and Employee Relocation Programs Administer the Residential Improvement Program Acquire land and develop projects to support new affordable housing opportunities Encourage private investment in the expansion of affordable housing Partner with non-profit and for-profit developers to construct affordable family and senior housing PERFORMANCE MEASURES: Number of additional affordable housing units provided Number of affordable housing units rehabilitated Number of first time homebuyers assisted Number of employee relocation homebuyers assisted Pr~ected Actual Prqected Prqected FY 1999-00 FY 1999-00 FY 2000-01 FY 2001-02 76 78 8 22 55 56 55 56 6 6 6 4 0 0 5 5 DEPARTMENT: REDEVELOPMENT AGENCY PROGRAM: REDEVELOPMENT MISSION: The Redevelopment Program is responsible for encouraging private investment, removing blight, and promoting economic revitalization in the redevelopment project urea. 2000-0I ACCOMPLISHMENTS: Continued implementation of the Old Town Improvement Project Completed the pubic parking facility in Old Town Assisted the Community Services Department by handling the acquisition and renovation of the Old Town Trading Post for a future Children's museum Selected an architect and managed schematic design and master site plan of Old Town Community Theater GOAL 1: OBJECTIVES: IMPLEMENT THE OLD TOWN SPECIFIC PLAN Work with Old Town merchants, property owners, civic groups and the development community to make private and public improvements in Old Town, develop projects that will revitalize Old Town economy, and assist in the private rehabilitation of buildings in Old Town Promote and encourage participation in the Facade Improvement Program Recruit new businesses to open in Old Town PERFORMANCE MEASURES: Number of facade improvement projects completed Number of historical structures assisted Number of redevelopment projects negotiated and completed Projected Actual Projected Projected FY 1999-00 FY 1999-00 FY 2000-01 FY 2001-02 10 10 8 15 2 0 2 1 2 0 2 2 DEPARTMENT: REDEVELOPMENT AGENCY MISSION: PROGRAM: DEBT SERVICE The Debt Service Program is the operating budget for the Redevelopment Agency. Items budgeted include debt service principal and interest, property tax administrative fees, and pass through agreements. 2000-0! ACCOMPLISHMENTS: .," All debt service and related costs for the 1993 Tax Allocation Bonds were made in a timely manner GOAL !: ENSURE TIMELY PAYMENT OF DEBT SERVICE AND RELATED COSTS ITEM 4 APPROVAL CITY OF FINANCE~ ~ ATTORNEY DIR. CITY MANAGER ~'~ TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Agency Directors Shawn D. Nelson, Executive Director June 12, 2001 Review and AlOof the FY 2002-06 Capital Improvement Budget for the Redevelopment Agency (RDA) PREPARED BY: Genie Roberts, Director of Finance ~ Gus Papagotos, Senior ManagementS'- 'Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. RDA 2001- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2002-06 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2001-02. DISCUSSION: The Capital improvement Program (CIP) is the City's plan for providing public improvements which exceed $25,000 in cost, have long-term life spans, and are nonrecurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. COSTS The total Redevelopment Agency cost as identified in the CIP is $13,291,200 which includes seven (7) RDA projects and five (5) RDA Housing Projects. A total cost of $6,747,000 is programmed in FY 2001-02 CIP. REVENUE Projected revenue from the RDA and RDA Housing sources for the Five Year RDA Capital improvement Program is $18,335,000. Through the five year program, there is adequate funding for all proposed projects. However because of revenue and cost timing considerations there are four projects that do not have funding sources identified. FISCAL IMPACT: The adoption of the FY 2002-06 Five Year Capital Improvement Program establishes the project appropriations for FY 2001-02. Projects which do not have sufficient funds within the funding source will not proceed until the funding has been secured. Attachments: Resolution No. RDA 2001- FY 2002-06 Capital Improvement Program 2 RESOLUTION NO. RDA 200'1- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2002-06 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 200t-02. WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Temecula has reviewed the proposed FY 2002-06 Capital Improvement Program and has held such public meetings as are necessary prior to adopting the Capital Improvement Budget for FY 2001-02. WHEREAS, the careful timing of the installation of such improvements is necessary so as to best serve the public health, safety and welfare; and WHEREAS, in order to prioritize these public infrastructure and improvements, Capital Improvement Program is necessary;, NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Capital Improvement Program FY 2002-06 is hereby approved. A copy of the FY 2002-06 Program is attached hereto as Exhibit "A" and will be kept on file in the office of the City Clerk. Section 2. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act ("CEQA"). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible futura actions, which actions the City Council has not approved, adopted or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. Section 3. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula Capital Improvement Program FY 2002-06" included herein appropriations for FY 2002-06 is hereby adopted. Section 4. On May 16, 2001 the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65404(c) of State Planning and Zoning Law. Section 5. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires Board of Directors action. C. The City Manager may approve change orders on Redevelopment Agency contracts in amounts up to $25,000, ifsufficient appropriated funds are available. D. That the City Manager may authorize transfers of up to $25,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 5B, pursuant to Section 3.13.080 ofthe Municipal Code, the City Manager may authorize Redevelopment Agency contracts in amounts up to $25,000. Any expenditures of Redevelopment Agency funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Redevelopment Agency contracts approved by the Board of Directors in amounts up to project contingencyestablished by Board of Directors. Section $. Councilmember Stone abstains with respect to projects within the Old Town area due to propertyownership in Old Town Temecula. resolution. Section 7. Certification. The City Clerk shall certify the adoption of this PASSED, APPROVED, AND ADOPTED, by the Board of Directors of the City of Temecula at a regular meeting held on the 12th dayof June 2001. ATTEST: Ron Roberts, Chairperson Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the Board of Directors of the City of Temecula at a regular meeting thereof held on the 12th day of June, 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 A P P RO~.. ~...._._ CITY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA and TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/-remecula Public Financing Authority Genie Roberts, Director of Finance June 12, 2001 Actions Relating to Acceptance of a Deposit Related to Proceedings for a Community Facilities District for Harveston RECOMMENDATION: 1. That the City Council adopt the resolution entitled: RESOLUTION NO. 0t- A RESOLUTION OF THE CITY COUNCIL OF THE TEMECULA APPROVING AGREEMENT CITY OF DEPOSIT/REIMBURSEMENT That the Authority adopt the resolution entitled: RESOLUTION NO. TPFA 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO BACKGROUND: Lennar Homes of California, Inc. (the "Developer") has requested that a community facilities district be formed to assist in the financing of public improvements in connection with the proposed Harveston development. The City and the Redevelopment Agency created the Authority, by execution of a joint exercise of powers agreement, to provide an independent governmental entity that could consider proposed community facilities district financings and act as the issuer of any related bonds. It is expected that on or before July 10, 2001, the Authority will consider the adoption of a resolution related to the formation of a community facilities district. The CFD will only include land owned by the Developer and land owned by Winchester Hills I, LLC. The Developer has requested that the CFD be formed and issue bonds to refinance the outstanding Winchester Hills Financing Authority Community Facilities District No. 98-1 (Winchester Hills) Special Tax Bonds and to finance certain additional public improvements, so that the Developer can provide the City of Temecula with additional public amenities pursuant to a proposed Development Agreement currently being negotiated by City Staff and the Developer. The Developer has agreed to pay all City and Authority costs related to the proposed CFD formation and bond issue, and a Deposit/Reimbursement Agreement has been prepared with respect thereto. The bonds would be payable solely from special taxes levied on land in the CFD and collected by the Authority. SPECIFIC ACTIONS: In order to begin the process to consider the formation of the community facilities district and the issuance of the bonds, the City Council will consider adoption of a resolution approving a Deposit/Reimbursement Agreement, and the Authority will then consider adoption of a resolution accepting the Developer's deposit, approving a Deposit/Reimbursement Agreement with the City and the Developer and engaging professionals to assist the City and the Authority in forming the CFD and issuing bonds of the Authority for the CFD. FISCAL IMPACT: The Developer has agreed to pay all-out-of-pocket expenses incurred relative to the proposed financing. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority. All annual costs of administering the bonds issued will be paid by special taxes levied on the properties in the community facilities district. Any CFD bonds will not be obligations of the City, but will be limited obligations of the Authority, payable solely from special taxes levied on land in the community facilities district. Attachments: Resolutions (2) Deposit/Reimbursement Agreement RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEPOSIT/REIMBURSEMENT AGREEMENT WHEREAS, Lennar Homes of California, Inc. (the "Developer") has requested that the Temecula Public Financing Authority (the "Authority") form a community facilities district and is willing to advance funds to pay costs of the City of Temecula (the "City") and the Authority related thereto; and WHEREAS, the City desires to enter into a DepositJReimbursement Agreement with the Authority and the Developer (the "Deposit Agreement"), regarding the disposition of funds to be advanced by the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Deposit A.qreement. The City Council hereby approves and authorizes the City Manager to execute and deliver the Deposit Agreement in the form on file with the City Clerk together with any changes therein deemed advisable by the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the City of the Deposit Agreement. Section 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 implementation of the Deposit Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, at a special meeting held on the 12th day of June 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 01- was duly adopted at a special meeting of the City Council of the City of Temecula on the 12th day of June, 2001, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk -2- RESOLUTION NO. TPFA 01- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, Lennar Homes of California, Inc. (the "Developer") has represented that it will submit to the Finance Director of the City of Temecula (the "City") monies (the "Deposit") to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston)" (the "CFD"); and WHEREAS, there has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), among the Developer, the City and the Authority, and this Board of Directors now desires to authorize the Finance Director of the City to accept the money to be advanced by the Developers, to authorize the execution and delivery by the Authority of the Agreement, employ certain consultants necessary for the formation of the CFD and the sale of bonds of the Authority for the CFD, and authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to form the CFD and issue bonds of the Authority for the CFD. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The Director of Finance of the City of Temecula is hereby authorized and directed to accept the Deposit, and to use the Deposit in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his discretion, to implement the Agreement. Section 2. City staff, acting for and on behalf of the Authority, are hereby authorized and directed to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to create the CFD and issue bonds of the Authority therefor. The passage of this Resolution shall in no way obligate this Board of Directors to form the CFD or issue bonds of the Authority for the CFD. Section 3. The firm of Stone & Youngberg LLC is hereby designated as underwriter to the Authority for any bonds to be issued for the CFD. Section 4. The firm of Albert A. Webb Associates is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman, Rolapp & Associates is hereby designated as financial advisor to the Authority for the CFD, and the firm of Quint & Thimmig LLP is hereby designated as Bond Counsel to the Authority for the CFD. The Executive Director is hereby authorized and directed to execute agreements with said firms for their services in connection with the CFD, in form and substance acceptable to the Executive Director. The fees and expenses of such consultants shall be payable solely from the Deposit and/or the proceeds of bonds, if any, issued by the Authority for the CFD. Section 5. The Executive Director is hereby authorized and directed to engage a market absorption consultant to analyze the proposed development in the CFD, on such terms as are acceptable to the Executive Director. The fees and expenses of such consultant shall be payable solely from the Deposit and/or the proceeds of bonds, if any, issued by the Authority for the CFD. Section 6. The Executive Director, Treasurer, Secretary, legal counsel to the Authority, and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 12th day of June, 2001. ATTEST: Jeff Comerchero, Chairperson Susan W. Jones, CMC City Clerk/Authority Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 01- was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 12th day of June, 2001, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: Susan W. Jones, CMC City Cler~Authority Secretary -2- DEPOSIT/REIMBURSEMENT AGREEMENT Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and among the City of Temecula (the "City"), the Temecula Public Financing Authority (the "Authority") for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston) (the "CFD"), and Lennar Homes of California, Inc. (the "Developer"). RECITALS: WHEREAS, the Developer has requested that the Authority consider the formation of the CFD and the issuance of bonds for the CFD (the "Bonds") under Sections 53311 et seq. of the California Government Code (the "Act"); and WHEREAS, the Developer is willing to deposit funds with the Authority to ensure payment of the costs of the Authority and the City in forming the CFD and otherwise in connection with the issuance of bonds for the CFD and the proposed expenditure of the proceeds thereof, provided that such funds so advanced are reimbursed to the Developer from the proceeds of any bonds issued by the Authority for the CFD to the extent provided herein; and WHEREAS, the Authority and the Developer now desire to specify the terms of said deposit and reimbursement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section t. The Deposit: Additional Advances. The Developer has provided to the City $95,000 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings for the formation of the CFD and the issuance of bonds for the CFD (as more fully described in Section 2(a) below, the "Initial Costs"), said amount having been heretofore delivered by the Developer to the Finance Director of the City by means of a check made payable to the "City of Temecula." The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check representing the Deposit will be cashed by the City, and the Deposit may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposit. The Developer hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City or the Authority, in excess of the amount of the Deposit, promptly upon written demand therefore by the Finance Director of the City; provided that the amount of the Deposit, plus any such additional amounts (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"), shall not exceed $150,000 without the prior written consent of the Developer. Notwithstanding the foregoing, the City Manager may direct City and Authority staff and consultants to cease all work related to the formation of the CFD and the issuance of the Bonds until any additional amounts so demanded has been received by the City. Section 2. Use of Funds. The Deposits shall be administered as follows: (a) The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants to the City or the Authority employed in connection with the issuance of the Bonds and the proposed expenditure of the proceeds thereof (such as engineering, legal counsel, including the City Attorney, Bond Counsel and financing and special tax consultants); (ii) the costs of market absorption and feasibility studies and other reports necessary or deemed advisable by City staff or consultants in connection with the Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the CFD, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing the CFD, the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City or the Authority with respect to the CFD or the Bonds after the date of execution of this Agreement. The Developer hereby acknowledges that, at a minimum, the following amounts will or may be charged against the Deposits, whether or not the CFD is formed and the Bonds are issued: (i) up to $20,000.00 to Albert A. Webb Associates, special tax consultant, (ii) up to $15,000.00 to Richards, Watson & Gershon, City Attorney and general counsel to the Authority, (iii) up to $10,000.00 for a market absorption analysis related to the CFD, (iv) up to $25,000.00 to Fieldman, Rolapp & Associates for financial advisory services, and (v) up to $25,000.00 to the City for City Staff time in analyzing the CFD, the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto, and any other actual costs and expenses incurred by the City or the Authority. (b) If the Bonds are issued under the Act by the Authority secured by special taxes levied upon the land within the CFD, the Authority shall provide for reimbursement to the Developer, without interest, of all amounts charged against the Deposits, said reimbursement to be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days after the date of issuance and delivery of the Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so paid. (c) If the Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of the resolution stating the intent of the Authority to terminate proceedings under the Act with respect to the issuance of the Bonds, return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid. -2- Section 3. Reimbursement of Other Developer Costs Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Developer, or any other entity with an interest in all or any portion of the land in the CFD, incurred in connection with the CFD from the proceeds of the Bonds, including, but not limited to fees and expenses of legal counsel to the Developer and special tax consultant expenses. Any such reimbursement shall be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds. Section 4. Agreement Not Debt or Liability of City or Authority. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City or the Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 above and provide an accounting under Section 7 below. Neither the City nor the Authority shall be obligated to advance any of their own funds with respect to the CFD or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Board of Directors of the Authority or officer, employee or agent of the City or the Authority shall to any extent be personally liable hereunder. Section 5. No Obligation to Issue Bonds. The provisions of this Agreement shall in no way obligate the City or the Authority to form the CFD, to issue any bonds, or to expend any of their own funds in connection with the CFD. Section 6. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 7. Accounting. The City Finance Director shall provide the Developer with a written accounting of moneys expended under this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefore submitted by an authorized officer of the Developer. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits. Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. -3- IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below. Executed on: June 12, 2001 DEVELOPER: LENNAR HOMES OF CALIFORNIA, INC. By: Its: Executed on: June 12, 2001 CITY: CITY OF TEMECULA By: Shawn D. Nelson, City Manager Executed on: June 12, 2001 AUTHORITY: TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District 01-2 (Harveston) By: Shawn D. Nelson, Executive Director ITEM 24 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIR. OF FINANCE~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council Shawn D. Nelson, City Manager June 12, 2001 Review and Adoption of the FY 2001-02 Annual Operating Budget PREPARED BY: RECOMMENDATION:That the City Council: 1. Roberts, Director of Finance ~ Genie Tim McDermott, Assistant Finance Director Adopt Resolution 2001- entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2001-02 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS Adopt Resolution 2001- entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS Adopt Resolution 2001- entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2001-02 DISCUSSION: Attached is the proposed FY 2001-02 Annual Operating Budget. The budget includes revenue projections and expenditure requests for the General Fund, Gas Tax Fund, and Internal Service Funds. The City of Temecula remains in extremely healthy financial condition. Based upon the Finance Department's revised estimate of revenues and expenditures for the current fiscal year, it appears that most revenue estimates will be met or exceeded, and that actual expenditures will be approximately $2,000,000 less than the budgeted appropriation amounts. On May 15, 2001, the City Council held a workshop to review and discuss the proposed operating budgets. At that time, the City Council provided staff with direction to increase the "REST" contribution to the TSCD in an effort to provide increased summer recreation opportunities to the youth of Temecula through the Summer Month Activities and Recreation in Temecula ("SMART") program. This program will provide expanded mobile recreation activities at various City parks for an estimated cost of $75,000. The City Council also provided direction to staff to provide free public swimming opportunities for residents (resulting in an estimated revenue reduction of 825,000). As a result, the Revenue Excess Sharing for Temecula ("REST") contribution to the Temecula Community Services District has thus been increased by $100,000. General Fund Revenues The projected General Fund revenues for FY 2001-02 reflect a $2,203,642 or6.9% increase from the FY 2000-01 revenue estimates. Some of the significant revenue increases are summarized below: $1,670,000 increase in sales tax (to $17,370,000) $523,000 increase in motor vehicle in lieu revenue $309,000 increase in franchise fees $180,000 increase in property taxes General Fund Expenditures The proposed budget reflects an increase in General Fund expenditures of $3,172,680 or 10.8% from the FY 2000-01 budget. The primary increases affecting the General Fund include: 1) police contract costs due to the addition of seven sworn positions (five as a result of the Vail Ranch annexation), with four additional sworn support positions being added through the contract rate fora total increase of 11 sworn positions, 2) Public Works street maintenance costs (due in part to the Vail Ranch annexation), 3) an increase in the CFD 88-12 sales tax reimbursement due to strong retail sales growth within the district, and 4) an increase in the "REST" contribution. Personnel costs increases that impact the budget include: 1) the addition of a sixth step to the salary range for all regular authorized positions (per the City's current labor agreement), 2) the increase to $650 per month in the benefit allowance for all regular authorized positions (as approved by the City Council on November 28, 2000, and 3) an increase in the base pay for City Councilmembers to $500 per month effective November, 2001 (as approved by the City Council on June 27, 2000). Eight new positions are proposed to be added to the schedule of authorized positions. Six of these positions are being added primarily as a result of the Vail Ranch annexation, with the other two being added as a result of two new facilities (Children's Museum, Chaparral High School Swimming Pool). The total annual cost of these positions is approximately $443,000. A summary of these positions is as follows: Department Planning Public Works Public Works TCSD TCSD TCSD TCSD Position Code Enforcement Officer Lead Maintenance Worker Maintenance Workers (2) Landscape Inspector Maintenance Worker Museum Services Manager Aquatics Supervisor Increased authorization is requested for two existing part-time positions. It is proposed to increase the authorization of the ClP Specialist from .5 full-time equivalent ("fie") to .75 fie, and to increase the authorization for the Web Analyst from .75 fte to full-time status. The total annual cost of these position authorization increases is approximately $29,000. The total increase of 8.5 fie positions brings the staffing total to 147.25 citywide. Five position upgrades are proposed, at a total annual incremental cost of $25,000. A summary of the proposed position upgrades is as follows: Department Finance Finance Human Resources Planning Support Services Proposed Position Fiscal Services Manager Business License SpecialistJCashier Human Resources Specialist Code Enforcement Officer II Central Services Coordinator Current Position Senior Management Analyst Accounting Assistant Human Resources Assistant Code Enforcement Officer Administrative Technician The proposed budget continues the City's practice of relying on project or temporary help to meet short-term needs. Included in the proposed budget is approximately $2.0 million in project and temporary help costs, which represents 17% of the City's total personnel cost budget. Following is a summary of the significant items by department in the FY 2001-02 proposed budget: City Council ~' Includes $25,000 funding for 50% of the CETAP planning grant request from WRCOG City Manager ~' Includes $25,000 funding to hire a state lobbyist City Clerk > Includes $65,000 for election costs Human Resources )' Includes $30,000 for an organizational consultant Planninq includes $60,000 towards the purchase of fully scalable aerial topographical data. The cost of this is being shared with the Public Works Department and Rancho California Water District. Public Works Increase of $285,590 in the Maintenance budget due in part to the annexation of Vail Ranch $65,000 is included for a pavement management system update $250,000 is included for "Category I" and "Category I1" traffic improvements Includes funding for a portion of the cost of the aerial topographical data Police The following modifications are proposed to sworn staffing levels, maintaining the City's ratio of one sworn officer per thousand residents: Addition of five patrol officers Addition of one motorcycle officer for the Neighborhood Enforcement Team Addition of one dedicated lieutenant (will pursue a cost-sharing agreement with the County) Addition of two investigators, one lieutenant, and one sergeant as part of the sworn support built into the contract rate Includes the addition of one Community Service Officer I The City's ratio of one sworn officer per thousand residents will be maintained Includes funding for a storefront facility in Vail Ranch Includes funding to support the Community Action Patrel ("CAP") program which would utilize citizen volunteers to perform certain functions Includes $85,000 in support costs for various special events Fire A $190,470 decrease in Fire Services contract costs is reflected, due to an increase in the structural fire tax credit Non-Departmental > A $400,000 increase in the CFD 88-12 sales tax reimbursement is included due to continued retail development within the district > The "REST" program contribution to TCSD is proposed to be increased from $1,729,000 to $2,117,000 Operatin.q Transfers Out A $4,800,000 transfer to the Capital Improvement Program is proposed A $230,000 transfer to the Vehicles Internal Service Fund is proposed to set aside reserves for the future purchase of a second paramedic squad vehicle, and to fund the purchase this year of several new vehicles (as detailed in the Vehicles Internal Service Fund). Internal Service Funds Following is a discussion of significant items in the proposed Internal Service Fund budgets: Vehicles >- Two replacement and five additional vehicle purchases are proposed as follows: · City Manager: replacement of the current City Manager vehicle (current vehicle to be used by the Community Action Patrol), projected cost $30,000 · Planning: two four-wheel drive trucks for code enforcement officers (one replaces existing electdc vehicle), total projected cost $50,000 · Public Works: new one-ton utility truck for maintenance crew, projected cost $60,000 · Public Works: new three-quarter ton extra cab truck for traffic staff, projected cost $35,OOO · Fire: new light truck for inspection staff, projected cost $20,000 · TCSD: new full size truck for maintenance staff, projected cost $25,000 Facilities >' A $70,530 increase is reflected due to anticipated utility cost increases and the expansion of the Maintenance Facility 4 'Gann' Aoorooriations Limit In accordance with Government Code Section 7910, the City Council is required on an annual basis to adopt by resolution the "Gann" Appropriations Limit. The Appropriations Limit creates a restriction on the amount of revenue that can be appropriated in any fiscal year. The Limit is increased each year based on the growth of population, inflation, and non-residential assessed valuation Using population data provided by the State Department of Finance, and assessed valuation information provided by the City's property tax consultant HdL, Coren & Cone, the City's Appropriations Limit for FY 2001-02 has been computed to be $48,470,384. Appropriations subject to the limit in the proposed FY 2001-02 budget total $23,135,573, which is $25,334,811 less than the computed limit. Additional appropriations to the budget funded by non-tax sources such as service charges, restricted revenues from other agencies, grants, or beginning fund balances would be unaffected by the Appropriations Limit. However, any supplemental appropriations funded through increased tax sources could not exceed the $25,334,811 variance indicated above. Further, any overall actual receipts from tax sources greater than $25,334,811 from the budget estimates will result in proceeds from taxes in excess of the City's Appropriations Limit, requiring refunds of the excess within the next two fiscal years, or voter approval to increase the City's Appropriations Limit. FISCAL IMPACT: Due to anticipated additional revenues to be received and expenditure savings in the current fiscal year, it is estimated that the June 30, 2001 fund balance will be approximately $2,700,000 higher than originally expected. The proposed FY 2001-02 budget provides for an excess of revenues over expenditures in the amount of $1,769,080, and increases the designation for economic uncertainties by $951,804 to ,~9.7 million (30% of General Fund expenditures) at June 30, 2002. Attachments: -Resolution No. 2001- -Resolution No. 2001- -Resolution No. 2001- -FY 2001-02 Proposed Annual Operating Budget -Schedule of Authorized Positions RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2001-02 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WHEREAS, the City Council of the City of Temecula has reviewed the proposed final FY 2001-02 annual operating budget and has held such public meetings as are necessary prior to adoption of the final operating budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula FY 2001-02 Annual Operating Budget" is hereby adopted. Section 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Director may prepare a transfer of appropriations within departmental budget accounts, with the approval of the City Manager. C. The City Council must authorize transfers (apprepdations) of funds from the Unreserved Fund Balance and transfers between departmental budget accounts. D. The City Council must authorize any changes to the Schedule of Authorized Positions. The City Manager may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. E. The City Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires City Council action. F. Pursuant to Section 3.32.050 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 3. Outstanding encumbrances shown on the City books at June 30, 2001 are hereby appropriated for such contracts or obligations for FY 2001-02. Section 4. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula this 12th day of June 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2001- was duly and regularly adopted by the City Council of the Cty of Temecula a_.t a re,gular meeting thereof held on the 12th day of June, 2001, by the follow ng vote of the City L;ouncil: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS WHEREAS, pursuant to the authority under Chapter 2.12.030 of the City's Municipal Code, the City Manager has the authority to hire, set salaries and adopt personnel policies: and, WHEREAS, the City Manager has recommended and the City Council now wishes to adopt the Revised Schedule of Authorized Positions; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The attached Schedule of Authorized Positions is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. Section 2. The Schedule of Authorized Positions shall become effective July 1, 2001, and may be thereafter amended. Section 3. The City Manager shall implement the attached Schedule of Authorized Positions and has the authority to select and appoint employees in accordance with the City's personnel policies. Section 4. All prior resolutions and parts of this resolution in conflict with this Resolution are hereby rescinded. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 12th day of June 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of June 2001, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2001-O2 WHEREAS, the voters approved the Gann Spending-Limitation Initiative (Proposition 4) on November 6, 1979, adding Article XIII B to the Constitution of the State of California to establish and define annual appropriation limits on state and local governmental entities; WHEREAS, SB 1352 provides for the implementation of Article XIII B by defining various terms used in this article and prescribing procedures to be used in implementing specific provisions of the article, including the establishment by resolution each year by the governing body of each local jurisdiction of its appropriations limits; WHEREAS, the required computations to determine the Appropriations Limit for FY 2001-02 have been performed by the Finance Department and are on file with the office of the City Clerk, and available for public review; WHEREAS, these computations are provided on Exhibit "A" which is herein incorporated by reference and attached hereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The Appropriations Limit for the City of Temecula for FY 2001-02 is hereby adopted. Section 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the office of the City Clerk. PASSED, APPROVED AND ADOPTED this 12h day of June 2001· ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) i, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the foregoing Resoluhon No. 2001- was duly and regularly adopted by the City Council of the C ty of Temecula th at a regular meeting thereof held on the 12 day of June, 2001, by the follow ng vote of the City Council: AYES: NOES: ABSENT: COUNCiLMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk EXHIBIT "A" CITY OF TEMECULA COMPUTATION OF GANN APPROPRIATIONS LIMIT FY 1992-93 Appropriations Limit ..............................................................$10,109,911 FY 1993-94 Population Change* ........................................................................ 8.25% FY 1993~94 Per Capita Personal Income Change* ................................................2.72% Cumulative Compound (1.0825 x 1.0272) ......................................................... 11.19% FY 1993-94 Appropriations Limit .......................................... ; ................... $11,241,655 FY 1994-95 Population Change* .......................................................................... 8.15 % FY 1994-95 Increase in Non-Residential Assessed Valuation* * ................................ 21.7% Cumulative Compound (1.0815 x 1.2170) ........................................................... 31.61 % FY 1994-95 Appropriations Limit ................................................................ $14,796,098 FY 1995-96 City Population Change* ................................................................. 10.49% FY 1995-96 Per Capita Personal Income Change* .................................................. 4.72% Cumulative Compound (1.1049 x 1.0472) ........................................................... 15.71% FY 1995-96 Appropriations Limit ................................................................ $17,119,161 FY 1996-97 City Population Change* .................................................. ; ................ 6.54% FY 1996-97 Increase in Non-Residential Assessed Valuation* * .............................. 17.07% Cumulative Compound (1.0654 x 1.1707).; ......................................................... 24.73% FY 1996-97 Appropriations Limit ................................................................ $21,352,109 FY 1997-98 City Population Change* ................................. 3.01% FY 1997-98 Per Capita Personal Income Change* ......................... 4.67% Cumulative Compound (1.0301 x 1.0467) .............................. 7.82% F Y 1997~98 Appropriation Limit ................................ $23,021,965 FY 1998-99 City Population Change* ................................. 6.41% FY 1998-99 Per Capita Personal Income Change* ......................... 4.15% Cumulative Compound (1.0641 x 1.0415) .............................. 10.83% FY 1998-99 Appropriation Limit ................................. $25,514,326 EXHIBIT "A" CITY OF TEMECULA COMPUTATION OF GANN APPROPRIATIONS LIMIT FY 1999~00 City Population Change* .................................. 4.88% FY 1999-00 Increase ~n Non-Residential Assessed Valuation** ................... 7.92% Cumulative Compound (1.0488 x 1.0792) .............................. 13.19% FY 1999-00 Appropriation Limit. ................................ $28,878,773 FY 2000-01 City Population Change* .................................. 9.55% FY 2000-01 Increase in Non-Residential Assessed Valuation** ................... 7.73% Cumulative Compound (1.0955 x 1.0773) .............................. 18.02% FY 2000-01 Appropriation Limit ................................. $34,082,212 FY 2001-02 City Population Change* .................................. 24.74% FY 2001-02 Increase m Non-Residential Assessed Valuation * * .................. 14.01% Cumulative Compound (1.2474 x 1.1401) .............................. 42.22% FY 2001-02 Appropriation Limit ................................. $48,470,384 * Source: ** Source: State of California Department of Finance HdL Coren & Cone City of Temecula FINAL DRAFT Schedule of Authorized Positions Authorized Count Minimum Buildinq & Safety Administrative Secretary Building Inspector II Community Development Technician Deputy Building Official Director of Building & Safety Office Assistant Office Specialist Plan Checker/Building Insp. Senior Building Inspector Building & Safety Subtotals: Ma~mum City Clerk Administrative Secretary Central Services Coordinator City Clerk/Director Of Support Services Deputy Director Of Support Services Information Systems Administrator Information Systems Specialist Office Assistant Office Specialist Records Coordinator Web Analyst City Clerk Subtotals: 1.0 $2,390 $3,129 5.0 $2,962 $3,874 4.0 $2,694 $3,527 1.0 $4,668 $5,970 1.0 $5,864 $7,464 1.0 $1,662 $2,181 1.0 $1,818 $2,383 1.0 $3,325 $4,255 1.0 $3,572 $4,680 16.0 City Council City Council City Council Subtotals: 06/06/2001 City Manaqer Administrative Secretary Assistant City Manager Asst. To The City Manager City Manager Executive Assistant Human Resources Analyst Human Resources Specialist Marketing Coordinator Senior Management Analyst City Manager Subtotals: Exem~ Nonexempt NE NE NE E E NE NE NE E 1.0 $2,390 $3,129 NE 1.0 $1,954 $2,515 NE 1.0 $5,840 $7,474 E 1.0 $4,014 $5,261 E 1.0 $3,968 $5,198 E 2.0 $3,536 $4,526 E 1.5 $1,662 $2,181 NE 1.0 $1,818 $2,383 NE 1.0 $2,361 $3,091 NE 1.00 $2,948 $3,770 NE 11.50 $0 5.0 $560~ 5.0 1.0 $2,390 $3,129 1.0 $7,133 $9,124 1.0 $4,794 $6,138 1.0 $g,488 ** 1.0 $2,966 $3,881 1.0 $3,293 $4,215 1.0 $2,619 $3,427 1.0 $3,510 $4,491 1.0 $3,864 $5,061 9.0 E NE E E E E E E E E NOTE: ~'lncludeaRDAendTCSDmee~ngfees Page I City of Temecula FINAL DRAFT Schedule of Authorized Positions Authorized Count Min/mum Community Services Administrative Secretary 1.0 Aquatics Supervisor 1.0 Custodian 1.0 Deputy Dir. Of Comm. Svcs. 1.0 Development Services Administrator 1.0 Director Of Community Services 1.0 Facility Maintenance Coordinator 1.0 Landscape Inspector 2.0 Lead Maintenance Worker 2.0 Maintenance Superintendent 1.0 Maintenance Supervisor 1.0 Maintenance Worker 3.0 Management Analyst 1.0 Museum Services Manager 2.0 Office Specialist 3.0 Park/Landscape Maintenance Supervisor 1.0 Recreation Coordinator 3.0 Recreation Superintendent 1.0 Recreation Supervisor 2.0 Senior Landscape Inspector 1.0 Community Services Subtotals: 30.0 $2,390 $2,924 $1,723 $4,727 $4,027 $6,245 $2,314 $2,638 $2,344 $4,139 $3,531 $2,071 $3,295 $3,0O6 $1,818 $3,531 $2,103 $4,o14 $2,924 $3,033 Finance Accountant 1.0 Accounting Assistant 1.0 Accounting Specialist 3.0 Administrative Secretary 1.0 Assistant Finance Director 1.0 Business License Specialist/Cashier 1.0 Director Of Finance 1.0 Fiscal Services Manager 1.0 Purchasing Specialist 1.0 Senior Accountant 1.0 Finance Subtotals: 12.0 $3,006 $1,898 $2,257 $2,390 $4,687 $2,276 $6,368 $4,325 $2,276 $3,749 Maximum $3,129 $3,827 $2,257 $6,049 $5,275 $7,987 $3,028 $3,375 $3,071 $5,420 $4,517 $2,713 $4,215 $3,936 $2,383 $4,517 $2,753 $5,261 $3,827 $3,881 $3,936 $2,486 $2,955 $3,129 $5,997 $2,912 $6,147 $5,567 $2,912 $4,796 06/06/2001 Exempt/ Nonexempt NE NE NE E E E NE NE NE E E NE E NE NE E NE E NE NE NE NE NE NE E NE E E NE E Page 2 City of Temecula FINAL DRAFT Schedule of Authorized Positions Authorized Count Minimum Planninq Administrative Secretary 1.0 $2,390 Assistant Planner 1.0 $3,130 Associate Planner 4.0 $3,635 Code Enforcement Officer I 2.0 $2,884 Code Enforcement Officer II 1.0 $3,227 Deputy City Manager 1.0 $6,793 Development Processing Coordinator 1.0 $3,290 Director of Planning 1.0 $6,245 GIS Administrator 1.0 $3,850 GIS Analyst 1.0 $2,948 Office Assistant 1.0 $1,662 Office Specialist 1.0 $1,818 Senior Management Analyst 1.0 $3,864 Senior Planner 2.0 $4,183 Planning Subtotals: 19.0 Public Works Administrative Secretary 1.0 $2,390 Assistant Engineer 7.0 $3,590 Associate Engineer 6.0 $4,157 ClP Specialist 0.75 $2,694 Deputy Director Public Works 1.0 $5,564 Director Of Public Works/City Engineer 1.0 $6,679 Lead Maintenance Worker 4.0 $2,344 Maintenance Superintendent 1.0 $4,139 Maintenance Supervisor 1.0 $3,531 Maintenance Worker 5.0 $2,071 Management Analyst 1.0 $3,295 Office Assistant 2.0 $1,662 Office Specialist 2.0 $1,818 Principal Engineer 1.0 $5,299 Public Works Inspector 1.0 $2,976 Senior Engineer 4.0 $4,840 Senior Public Works Inspector 3.0 $3,602 Public Works Subtotals: 41.75 Maximum $3,129 $4,098 $4,757 $3,777 $4,155 $6,691 $4,210 $7,987 $4,950 $3,770 $2,181 $2,383 $5,061 $5,479 $3,129 $4,697 $5,446 $3,527 $7,119 $8,544 $3,071 $5,420 $4,517 $2,713 $4,215 $2,181 $2,383 $6,779 $3,895 $6,191 $4,720 06/06/2001 Exempt/ Nonexempt NE NE NE NE NE E NE E E NE NE NE E E NE NE E NE E E NE E E NE E NE NE E NE E NE Page 3 City of Temecula FINAL DRAFT Schedule of Authorized Positions Authorized Count Minimum Redevelopment Administrative Secreta~j 1.0 Director, Housing Redevelopment 1.0 Senior Management Analyst 1.0 Redevelopment Subtotals: 3.0 $2,390 $6,245 $3,864 Maximum $3,129 $7,987 $5,061 06/06/2001 Exempt/ Nonexempt NE £ E Totals: Building & Safety ................................. 16.0 City Clerk ........................................... 11.50 City Council ........................................ 5.0 City Manager ....................................... 9.0 Community Services ............................. 30.0 Finance .............................................. 12.0 Planning ............................................. 19.0 Public Works ...................................... 41.75 Redevelopment ....................................3.0 Total of Authorized Positions: 147.25 Page 4 ITEM 25 CITY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: PREPARED BY: City Council Shawn Nelson, City Manager June 12, 2001 Adoption of the FY 2002-06 Capital Improvement Program Genie Roberts, Director of Finance~~' Gus Papagolos, Senior Manageme6t Analyst RECOMMENDATION: Adopt a Resolution entitled: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FOR FY 2002-06 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2001-02. DISCUSSION: The Capital improvement Program (CIP) is the City's plan for providing public improvements which exceed $25,000 in cost, have long-term life spans, and are nonrecurring. The proposed CIP document serves as a planning tool for the coordination of financing and scheduling of all capital improvement projects over the next five years. CIP DEVELOPMENT The CIP was developed by taking recommendations provided by the staff and the City Council during a series of workshops. The primary focus of these workshops was to identify community needs in the areas of roads/streets; bridges; public buildings; parks and recreation facilities; and redevelopment projects. All projects were reviewed to ensure consistency with the provisions of the City's General Plan, as well as the long-term vision of the City as 'developed by the City Council. The Parks and Recreation Commission at their May 14, 2001 meeting reviewed the Parks and Recreation portion of the document and approved the proposed projects. Finan ce/Pepagg/Budget/C Ip 02~)5/CIP02 Resolution AGN On May 15, 2001 the City Council held a workshop to review and discuss the draft CIP. At the workshop the City Council provided direction to staff to allocate additional funding to study and design road median opportunities specifically on Winchester Road and State Highway 79 South. Also at the May 15, 2001, City Council CIP Workshop staff was directed to add a City Garden project with site to-be-determined in the unspecified funding category. On May 16, 2001 the Planning Commission found the proposed CIP to be consistent with the General Plan in accordance with Government Code Section 65403 of the State Planning and Zoning Law. The Planning Commission also recommended two changes to the CIP; 1) adding a Pedestrian and Bicycle Overcrossing at Nicolas and Winchester Roads and 2) changing the priority of the Pedestrian and Bicycle I-15 Overcrossing into Old Town from priority II to Ill. The Public/Traffic Safety Commission at their May 24, 2001 meeting reviewed the Circulation and Infrastructure portion of the document and found it acceptable. However, discussion was provided with regards to the Planning Commission's recommendation to add a Pedestrian and Bicycle Overcrossing at Winchester and Nicolas Roads. The Public/Traffic Safety Commission has some reservations with the construction of the overcrossing at this location. At the May 22, 2001, City Council Meeting staff was directed to investigate the feasibility of the pedestrian overcrossing. Based on preliminary research, staff is recommending that Cai Trans perform a warrant analysis of the pedestrian overcrossing at Winchester and Nicolas Roads. COSTS Overall, the total cost as identified in the CIP is 9382,129,820. A total of 121 projects are included in the program, consisting of forty-eight (48) Circulation Projects, twenty-four (24) Infrastructure/Other Projects, thirty-seven (37) Park Projects, and twelve (12) Redevelopment Agency/Housing Projects. The following illustrates the associated costs for each project classification and total cost: Project Circulation Infrastructure/Other Projects Parks Redevelopment/RDA Housing Total REVENUE Cost 9236,400,020 $ 93,282,870 9 39,155,730 $ 13,291,200 Projected revenue from identified sources for the Five Year Capital Improvement Program is $152,790,780. Through the first two years of the five year program, there is adequate funding for all proposed projects. The CIP is fully funded in FY 2001-02 at 943,995, 170 and in FY 2002- 03 at 924,973,060. However, for the remaining three years, in the unspecified category, the deficiency begins and continues to increase to the five year total of 9235,865,960. Included in this five year plan are twenty-four (24) projects which currently do not fit into the five year window, but warrant consideration and review in this document. These projects are proposed to be funded by both assessment districts and unspecified funds in future years for a total cost of ~ 166,831,400, which is included in the total unspecified amount of ~ 235,865,960. FISCAL IMPACT: The adoption of the FY 2002-06 Five Year Capital Improvement Program establishes the project appropriations for FY 2001-02. Projects which do not have sufficient funds within the funding source will not proceed until the funding has been secured. Attachment: Resolution 2001- Draft Capital Improvement Program 2002-06 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM FY 2002-06 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2001-2002 WHEREAS, the City of Temecula requires public infrastructure improvements in the areas of streets, highways, transportation facilities, parks, recreational facilities and public buildings and facilities; and WHEREAS, the careful timing of the installation of such improvements Is necessary so as to best serve the public health, safety and welfare; and WHEREAS, in order to prioritize these public infrastructure and improvements, Capital Improvement Program is necessary;, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Capital Improvement Program FY 2002-06 is hereby approved. A copy of the FY 2002-06 Program is attached hereto as Exhibit "A" and will be kept on file in the office of the City Clerk. Section 2. Adoption of this Program is categorically exempt from environmental review under the California Environmental Quality Act ("CEQA"). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for poss!ble future actions, which actions the City Council has not approved, adopted or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. Section 3. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula Capital Improvement Program FY 2002-06" included herein appropriations for FY 2001-02 is hereby adopted. Section 4. On May 16, 2001 the Planning Commission found the Capital Improvement Program consistent with the General Plan in accordance with Government Code Section 65404(c) of State Planning and Zoning Law. Section 5. appropriations: That the following controls are hereby placed on the use and transfers of budget No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The City Manager may authorize expenditures of funds in amounts up to $25,000. Any expenditure of funds in excess of $25,000 requires City Council action. C. The City Manager may approve change orders on Public Works contracts in amounts up to $25,000, if sufficient appropriated funds are available. That the City Manager may authorize transfers of up to $25,000 between approved Capital Improvement Program projects. E. Notwithstanding Section 5B, pursuant to Section 3.13.080 of the Municipal Code, the City Manager may authorize Public Works contracts in amounts up to $25,000. Any expenditures of Public Works funds in excess of $25,000 require City Council action, except that the City Manager may approve change orders on Public Works contracts approved by the Council in amounts up to project contingency established by Council. Section 6. Councilmember Stone abstains with respect to projects within the Old Town area due to propertyownership in Old Town Temecula. Section 7. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12th dayof June 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2000- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of June, 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk ITEM 26 APPROVAL j~'~,~..,,~,-~"~ CITY ATTORNEY DIR.OF FINANCE ~ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Deputy City Manager~:~ June 12, 2001 Community Advisory Committee for the General Plan Update Process PREPARED BY: David Hogan, Senior Planner RECOMMENDATION: Provide direction to staff concerning the structure, membership, and role of a Community Advisory Committee. BACKGROUND: The Council approved the contract with Cotton Bridges Associates in March of 2001 to assist the City in updating its General Plan. The consultant is currently acquiring information and beginning the process of doing background and issues analysis before the public plan development process begins. Once this background data collection process is complete, the issue identification, goal and policy review, and alternative plan processes will occur. The current General Plan Update program includes numerous communityworkshops and meetings with the City Council and Planning Commission. To assist in the process, staff is suggesting that an advisory committee be formed to assist in this process of reviewing documents and making alternate plans. The purpose of this staff report is to present this item to the Council for their consideration. Staff presented this matter to the members of the General Plan Subcommittee in April of 2001. Role of the Community Advisory Committee The primary role of the Community Advisory Committee should be to meet with and assist City staff and the consultant in the following Plan Development activities: · Future visioning and issue identification processes; · Review of the goals and policies; and, · Assisting in the development of the alternative land use and circulation plans. Both members of the General Plan Subcommittee felt that a community advisory committee would be helpful to the process of updating the City's General Plan and would compliment the already proposed community workshops. R:\GENPLAN\Comp Plan Update\GP Advisory Committee Structure CC.doc 1 Structure of the Community Advisory Committee In considering the size of an advisory committee, staff was concerned with two primary factors. The first factor was the evenness of the representation on the committee. The second factor was the advisory committee's size. After a lot of discussion, staff identified a potential advisory committee structu re that should enable diverse community input while minimizing the potential for unproductive conflict. Based upon staff's experience with advisory committees, an ideal committee would have between 8 and 12 members. The advisory committee structure that was proposed by staff would consist of 10 members representing the following. 1 Member of the Planning Commission (Appointed by the Commission) 1 Member of the Traffic Safety Commission (Appointed by the Commission) 1 Member of the Community Services Commission (Appointed by the Commission) 1 Representative of the Chamber of Commerce (or the Economic Development Council) (Appointed by the Chamber or EDC) 1 Representative of a local environmental or community organization (This person could also represent a valley-wide organization and would be appointed by the Council) 5 City residents (One appointed by each Council member for a total of 5) The structure of the Community Advisory Committee was an area of significant disagreement between the two Subcommittee members. Councilmember Naggar wanted the members of the General Plan Subcommittee to be part of the advisory committee, while Mayor Comerchero felt that the City Council members should not be part of the Community Advisory Committee. Function of the Community Advisory Committee Staff envisions that the Community Advisory Committee would meet between 3 and 5 times throughout the plan development process. Meetings would probably be held in the evenings and would normally be no more frequent than once every other month. It is expected that the function of the Committee would be concluded prior to the public hearing process. Both members of the General Plan Subcommittee were in general agreement as to the role of the advisory committee. Conclusion If the City Council feels that a Community Advisory Committee should be formed, staff will inform the various City Commissions and outside organizations of the Council's intent and, if directed by the Council, will publicize the availability of citizen positions on the committee. Staff envisions that the Council would formally designate the advisory committee at a later date after the membership has been determined. FISCAL IMPACT: There will some incidental staff and consultant costs associated with this activity. The consultant costs will be handled through the existing contract by making a minor modification to the approved scope of work. R:\GENPLAN\Comp Plan Update\GP Advisory Committee Structure CC.doc 2