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011304 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II) AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JANUARY 13, 2004 — 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 10:00 P.M. 1. Conferenc 3n of the City'Counc[I/Redevelopment A'ggncy pursuant to is: rpat nrnnertv ` negotiator aursuant to Government Code. I are Shawn Nelson,; Jim O'Grady, and John Meyer with City Attorney and legal counsel pursuant to Governr 9(a) with respect to one matter of existing litigation involving g' case will be :d'iscussed:' 1) Clty' .of Temecula v. Count iation — Riverside County Superior Court Case'No. 402766). the `C[ty Attorney has determined that a point has been gnificant exposure to litigation involving the City, based on ances. ing existing litigation between the City and various parties ing;'the public documents held by the City Clerk. Next in Order: Ordinance: No. 2004-01 Resolution: No. 2004-01 R:\Agenda\011304 1 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Sponsored by Vineyard Valley Women's Club - Wish Upon A Star Group Flag Ceremony: Wishing Upon A Star Group Invocation: Pastor Daniel Vazzana of Lamb of Life ROLL CALL: Comerchero, Roberts, Stone, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Service Award Presentations Recognition for Chaparral High School Girls' Volleyball Team — CIF Champions Presentation to John Hunneman Spark of Love Toy Drive Presentation and Recognition 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 rp for 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. RAAgenda\011304 1 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 September 23, 2003; 2.2 Approve the minutes of October 28, 2003; 2.3 Approve the minutes of November 18, 2003; 2.4 Approve the workshop minutes of November 25, 2003; 2.5 Approve the minutes of November 25, 2003; 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of November 30, 2003. 5 Authorizing Investment of City Monies in the Local Agency Investment Fund RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING INVESTMENT OF CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND R: Agenda\011304 3 7 Financial Statements for the three months ended September 30, 2003 RECOMMENDATION: 6.1 Receive and file the Financial Statements for the three months ended September 30, 2003. streets RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR OLD TOWN FRONT STREET AND ABUTTING STREETS FROM SECOND STREET TO MORENO DRIVE EAST FOR THE GOOD OLD DAYS CAR SHOW 2004 EVENT ON FEBRUARY 27, 28, AND 29, 2004, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NO. 23101-6) 9 Parcel Map No 29949 — Lot No 1 — approval of the Subdivision Improvement Agreement _ i._ __ .� a�J ..• ♦L... ter. r4rrw RECOMMENDATION: 9.1 Approve the Subdivision Improvement Agreement; 9.2 Accept the Faithful Performance Bond as security for the agreement. R:\Agenda\011304 10 11 RECOMMENDATION: 10.1 Approve Tract Map No. 29798-2 in conformance with the conditions of approval; 10.2 Approve the Subdivision Improvement Agreement; 10.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bonds, and Monument Bond as security for the agreements. RECOMMENDATION: 11.1 Approve Tract Map Nos. 30667, 30667-1, 30667-2, and 30667-3 in conformance with the conditions of approval; 11.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreements; 11.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreements. 12 Tract Map Nos 30668 30668 1 and 30668-2 (located within the Harveston Specific Plan) RECOMMENDATION: 12.1 Approve Tract Map Nos. 30668, 30668-1, and 30668-2 in conformance with the conditions of approval; 12.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreements; 12.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreements. 13 Tract Map Nos 30669 30669 1 and 30669-2 (located within the Harveston Specific Plan) RECOMMENDATION: 13.1 Approve Tract Map Nos. 30669, 30669-1, and 30669-2 in conformance with the conditions of approval; 13.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreements; 13.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreements. R: Agenda\011304 5 14 Parking Restrictions — Diaz Road between Winchester Road and Dendy Parkway RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A NO PARKING ZONE ON DIAZ ROAD BETWEEN WINCHESTER ROAD AND DENDY PARKWAY AS SHOWN ON EXHIBIT A 15 All Way Stop Controls — Promenade Chardonnay Hills at Chemin Clinet and Parducci Lane RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF PROMENADE CHARDONNAY HILLS AT CHEMIN CLINET AND PROMENADE CHARDONNAY HILLS AT PARDUCCI LANE 16 First Amendment to Consultant Services Agreement with KRW & Associates 17 RECOMMENDATION: 16.1 Approve the first amendment to the Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2003-2004 with KRW & Associates for an amount not to exceed $35,000.00 for a total contract amount of $60,000.00 for this fiscal year; 16.2 Authorize the Mayor to execute this amendment. RECOMMENDATION: 17.1 Approve and authorize the City Manager to execute in substantially the form attached hereto, the Purchase and Sale Agreement between the City of Temecula and Ernest Joe and Ethyl B. Jubela Family Trust, for the acquisition of certain real property in the amount of $611,580.00 plus the associated escrow fees; 17.2 Direct the City Clerk to record the document; 17.3 Adopt a resolution entitled: R: Agenda\011304 IT-9 19 RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 RECOMMENDATION: 18.1 Approve and authorize the City Manager to execute in substantially the form attached hereto, the Purchase and Sale Agreement between the City of Temecula and Susan I. Steele, for the acquisition of certain real property in the amount of $78,000.00 plus the associated escrow fees; 18.2 Direct the City Clerk to record the document; 18.3 Adopt a resolution entitled: RESOLUTION NO. 047_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 RECOMMENDATION: 19.1 Approve an agreement with Simon Wong Engineering in an amount not to exceed $317,719.00 to provide design services for the Main Street Bridge over Murrieta Creek (replacement) — Project No. PW03-05; 19.2 Authorize the Mayor to execute the agreement; 19.3 Authorize the City Manager to approve amendments not to exceed the contingency amount of $31,771.90 which is equal to 10% of the agreement amount; 19.4 Approve the acceleration of the FY 2004/2005 programmed appropriation of $250,000.00 for design and administration for encumbrance during this fiscal year. R:\Agenda\011304 20 First Amendment to an agreement for Consultant Services with Berryman & Henigar, Inc. RECOMMENDATION: 20.1 Approve a first amendment to an agreement for consultant services with Berryman & Henigar, Inc. in an amount of $44,000.00 to provide supplemental building inspection services to the Building and Safety Department. 21 Second Reading of Ordinance No. 03-14 (MSHCP) RECOMMENDATION: 21.1 Adopt an ordinance entitled: ORDINANCE NO. 03-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 15.10, MULTISPECIES HABITAT CONSERVATION MITIGATION FEES, TO THE TEMECULA MUNICIPAL CODE TO ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN 22 Second Reading of Ordinance No. 03-15 (Auto Mall) RECOMMENDATION: 22.1 Adopt an ordinance entitled: ORDINANCE NO. 03-15 AN ORDINANCE OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA, LLC REGARDING THE AUTO MALL PROPERTIES (PLANNING APPLICATION NO. 03-0565) RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:Wgenda\011304 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-01 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington PUBLIC COMMENTS 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 Minutes RECOMMENDATION: 1.1 Approve the minutes of December 16, 2003. Financial Statements for the three months ended September 30, 2003 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the three months ended September 30, 2003. Authorizing Investment of City Monies in the Local Agency Investment Fund RECOMMENDATION: 3.1 Adopt a resolution entitled: R:\Agenda\011304 RESOLUTION NO. CSD 04-_ A RESOLUTION OF THE BOARD OF DIRECOTRS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING INVESTMENT OF DISTRICT MONIES IN THE LOCAL AGENCY INVESTMENT FUND 4 2004-2005 Assessment Engineering Contract RECOMMENDATION: 4.1 Award a two -calendar year contract in the amount of $21,004.00 for 2004 and up to $22,904.00 for 2005 to MuniFinancial for providing Assessment Engineering Services. 5 Children's Museum Contract Amendment RECOMMENDATION: 5.1 Approve Amendment No. 5 to the agreement with Sparks Exhibits and Environments in the amount of $99,998 and a 10% contingency in the amount of $10,000. RECONVENE THE CITY COUNCIL MEETING JOINT CITY COUNCILITEMECULA COMMUNITY SERVICES DISTRICT PUBLIC HEARING Any person may submit written comments to the City Council/Temecula Community Services District] before a public hearing or may appear and may be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, 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. 6 Redhawk Annexation Joint Public Hearing; Approval of Findings Concerning TCSD Recreational Facilities Recreational and Community Services Programs, Median Landscaping Arterial Street Lights and Traffic Signals RECOMMENDATION: 6.1 Hold a joint public hearing before the City Council and Temecula Community Services District concerning the proposed rates and charges and special tax for the Redhawk Annexation area; 6.2 That the Temecula Community Services District adopt a resolution entitled: R:Wgenda\011304 10 RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAKING CERTAIN FINDINGS FOR THE ADOPTION OF SERVICE LEVEL B (RESIDENTIAL STREET LIGHTS) RATES AND CHARGES WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-3 SUBJECT TO TWO- THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA 6.3 That the City Council adopt a resolution entitled: RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, MAKING CERTAIN FINDINGS FOR THE LEVYING OF A SPECIAL TAX TO FINANCE THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, RECREATIONAL AND COMMUNITY SERVICES PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE CITY OF TEMECULA AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-3 SUBJECT TO A TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA RECESS CITY COUNCIL DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, January 27, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\011304 11 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2004-01 Resolution: No. RDA 2004-01 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL AGENCY MEMBERS: Naggar, Roberts, Stone, Washington, Comerchero 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 Minutes RECOMMENDATION: 1.1 Approve the minutes of December 16, 2003. Financial Statements for the three months ended September 30, 2003 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the three months ended September 30, 2003. 3 Authorizing Investment of City Monies in the Local Agency Investment Fund RECOMMENDATION: 3.1 Adopt a resolution entitled: R:\Agenda\011304 12 RESOLUTION NO. RDA 04-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF TEMECULA REDEVELOPMENT AGENCY AUTHORIZING INVESTMENT OF AGENCY MONIES IN THE LOCAL AGENCY INVESTMENT FUND Second Amendment for Humanity of the Inland Valleys, Inc. Housing Project RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. RDA 04-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND HABITAT FOR HUMANITY EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, January 27, 2004, 7:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\011304 13 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 23 Selection of Council Committee Assignments for the Year 2004 RECOMMENDATION: 23.1 Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees: Commission Liaison (One Member) Community Services Commission Old Town Local Review Board Old Town Redevelopment Advisory Committee Planning Commission Public/Traffic Safety Commission 23.2 Appoint two members of the City Council to serve on each of the following Advisory Committees: Advisory Committees (Two Members) Community Service Funding Ad Hoc Committee Economic Development/Old Town Steering Committee Finance Committee Joint City Council/TVUSD Committee Library Task Force Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory Committee Public Works/Facilities Committee 23.3 Appoint member(s) of the City Council to serve on each of the following external committees: Representative Assignments (External Organizations) County General Plan Update Committee — RCIP (attend meetings) French Valley Airport Committee League of Calif. Congress — 2004 Voting Delegates Murrieta Creek Advisory Board National League of Cities Annual Congress - 2004 Voting Delegate Pechanga Tribal Council Liaison Riverside County Habitat Conservation Agency (This Committee changed to advisory only.) Riverside County Transportation Commission Riverside Transit Agency Representative Temecula Sister City Corporation Board of Directors Trails Master Plan Development Committee WRCOG/RCA Representative R:\Agenda\011304 14 23.4 Appoint member(s) of the City Council to serve on each of the following Council Subcommittees: Council Subcommittees Cable Franchise Renewal Committee Campus Project Ad Hoc Council Subcommittee Children's Museum Ad Hoc Subcommittee Electrical Needs Ad Hoc Subcommittee Open Space Subcommittee SAF-T NET Subcommittee Telecommunications Subcommittee Temecula/Murrieta Subcommittee Veteran's War Memorial Villages of Old Town Ad Hoc Committee Wall of Honor Ad Hoc Subcommittee Zone Committee (relating to TUMF Program for WRCOG) 23.5 Review the current members of the General Plan Community Advisory Committee and appointment new members as appropriate: General Plan Community Advisory Committee 1 Planning Commissioner - David Matthewson 1 Public Traffic Safety Commissioner - Darrell Connerton 1 Community Services Commissioner - Jim Meyler 5 City Residents - Mark Broderick, Michelle Anderson, Paul Jacobs, Greg Morrison, Bob Ritchie 1 Representative of the Chamber of Commerce — Chuck Washington 1 Representative of the EDC — Gary Youmans 1 Representative of a local environmental or community organization — Bob Wheeler The 5 City residents represent one appointment from each Councilmember. With the election of Chuck Washington to the City Council and the resignation of Bob Ritchie from the Advisory Committee, these members may need to change. Also due to the election of Chuck Washington to the City Council, the Chamber of Commerce may need to appoint another representative. 24 Consolidation of City Council Elections in November of Even -Numbered Years RECOMMENDATION: 24.1 Consider adoption of an ordinance to change the date for holding City Council Elections to November of even -numbered years and if desired, read by title only and introduce an ordinance entitled: R:\Agenda\011304 15 ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUIRING THAT THE GENERAL MUNICIPAL ELECTIONS OF THE CITY OF TEMECULA BE HELD ON THE FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER IN EACH EVEN -NUMBERED YEAR CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular City Council meeting, Tuesday, January 27, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Ngenda\011304 16 PROCLAMATIONS AND PRESENTATIONS �. CD qCD ��: o C CD CD '- g W P. o °, A 0 CD o �a CD n Ia y b tp c� Ia. �: °o a►q s �, h n a W12 01 % a Q On CC-) CD KI �27 CD L�bq 0) co ,. w ..CA C>n bCA f o w co a" � � o ° y9. b n ^ ^° wCD `r•O A O A n C rA "m+ � a°� M CA ` p Cal ° A W ti 1��y 3 � A a 0 a� on C oo < �' mow CD 4. 0CaC °0 G to�a z a > 000 04 a y y1 W f7 d U s �W) C4�4 O o � v 4�Z U as cn a �i b U rn ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL SEPTEMBER 23, 2003 The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M., on Tuesday, September 16, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, Roberts, and Stone Absent: Councilmember: None PRELUDE MUSIC The prelude music was provided by Margaret Bird. INVOCATION The invocation was given by Reverend Jerry Hangen of Grace Presbyterian Church. ALLEGIANCE The flag ceremony was presented by Councilman Roberts. At this time, Mayor Stone advised that because of on -going discussions with Verizon, it is being recommended that with regard to Council Business Item No. 17 (Second Reading of Cable, Video, and Telecommunications Ordinance) that a subcommittee be formed to address this issue. MOTION: Mayor Pro Tern Naggar moved to appoint Mayor Stone and Councilman Roberts to serve on this committee. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. PRESENTATION/PROCLAMATIONS Presentation of the Platinum Lung Award to the City by the County Health Department/Lunq Association Commending the City on its accomplishments, Mr. Pat Kudell, executive Director of the Lung Association for Inland Counties, and Mr. Bob Peterson, Senior Health Educator for the County Health Department, presented the Platinum Lung Award to the City. Mr. Kudell and Mr. Peterson as well commend Police Deputy McElvain for his instrumental efforts in the City's progress. Congratulating the following individuals, certificates were presented to each for their accomplishments: Cheyenne Elmore Ashley Krex R:\Minutes\092303 Linsday Marine Emily E. Mendoza Cameron Sypher Shaquille Wilson PUBLIC COMMENTS A. Introducing herself to the City Council, Ms. Lisha Smith, 21865 Copley Drive, City liaison to the South Coast Air Quality Management District, and offered herself as a City resource and provided an overview of the responsibilities of the District. B. Ms. Pam Grender, 45572 Callesito Altar, representing the Temecula Valley Historical Society, requested that the plaque commemorating the Southern California Railroad installed near the new Children's Museum. With regard to the railroad, Mayor Stone suggested the exploration of the current location of the railroad. C. Ms. Charlotte Fox, 32800 Hupa Drive, representing the Temecula Valley Historical Society, commented on the benefits of historic preservation. D. Commenting on a recent graffiti attack in Old Town, Mr. Otto Baron, 28681 Pujol Street, as well expressed concern with the development of a low-income area in Old Town. CITY COUNCIL REPORTS A. Advising that the Christmas Season will be quickly approaching, Councilman Pratt advised that he had attended a High Hopes Luau and extended accolades to Recreation Supervisor Adkisson. Referencing recent articles with regard to traffic congestion at the high school and at Pechanga Parkway, Mr. Pratt commended Deputy Bailey on a job well done with regard to the high school and for the benefit of the public, showed pictures of Mr. Bailey's efforts. In closing, Mr. Pratt commented on a letter received from the Rainbow Canyon Villages Homeowners Association requesting a traffic light along Pechanga Parkway. B. By way of pictures, Councilman Roberts referenced the Regional Transportation Plan, providing background information, commenting on the responsibilities of Southern California Association of Governments (SCAG), advising that the Plan has to meet conformity and if those requirements are not met, no federal funding would be provided, highlighting the exploration of a dedicated truck -way system, and commenting on the Alamito Corridor extension and the MagLev System. CONSENT CALENDAR 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. RAMinutes\092303 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 26, 2003. 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO.03-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Financial Statements for the Fiscal Year ended June 30, 2003 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the Fiscal Year ended June 30, 2003; 4.2 Approve an increase in: • Development Impact Fee estimated interest revenue in the amount of $228,000 • AB 3229 COPS estimated revenue in the amount of $12,000 • Capital Improvement Program estimated interest revenue in the amount of $384,000 4.3 Approve a budget transfer of $3,800 to City Council Department from PW Department; 4.4 Approve a budget transfer of $400,000 to Police Department from PW Department; 4.5 Approve an appropriation for AB 3229 COPS Fund in the amount of $12,000. 5 City Council Meeting Schedule — October 2003 RECOMMENDATION: 5.1 Reschedule the October 14, 2003, City Council meeting to Wednesday, October 22, 2003 and to perform the appropriate postings and noticing requirements of the Government Code. R:\Minutes\092303 3 Management Compensation Plan Amendment RECOMMENDATION: 6.1 Adopt an amendment to add the following positions to the Management Compensation Plan: Director of Information Systems (formerly IS Manager), Information Systems Administrator, and GIS Administrator; 6.2 Adopt an amendment to the Management Compensation Plan to allow City Councilmembers or management employees to participate in an alternate, City - approved retirement plan, as allowable by law. Extension of Contract for Union Bank Banking Services RECOMMENDATION: 7.1 Approve a four-year extension of the City's contract for banking services with Union Bank of California, N.A.; 7.2 Authorize the City Manager and City Attorney to execute all necessary agreements. Sponsorship request for the Good Old Days Car Show RECOMMENDATION: 8.1 Approve funding for the Good Old Days Car Show for actual City support costs, which are estimated to be approximately $40,000; 8.2 Approve the Good Old Days Car Show sponsorship agreement with Central Coast Productions in substantial form with the final agreement being subject to approval by the City Attorney and authorize the Mayor to execute the agreement. (Pulled for separate discussion; see pages 6-7.) Consultant Services Agreement for Engineering Design Services for Jefferson Avenue Pavement Rehabilitation — Phase II from south of Overland Drive to Rancho California Road — Project PW02-26 RECOMMENDATION: 9.1 Approve an amendment with AEI CASC Engineering in an amount not to exceed $85,611.00 to design Jefferson Avenue Pavement Rehabilitation — Phase II from south of Overland Drive to Rancho California Road — Project No. PW02-26 — and authorize the Mayor to execute the agreement; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,561.10, which is equal to 10% of the agreement amount. R:\Minutes\092303 10 Amendment No. 3 to the Agreement between the City and Michael Brandman Associates for Professional Environmental Engineering Services for Pechanga Parkway Phase II Improvements — Proiect No. PW99-11 11 12 RECOMMENDATION: 10.1 Approve Amendment No. 3 to the agreement with Michael Brandman Associates to provide professional engineering services for the Pechanga Parkway Phase II Improvements —Project No. PW99-11 —for an amount not to exceed $26,300.00 and authorize the Mayor to execute the agreement. RECOMMENDATION: 11.1 Approve an acceleration of $170,000 from the Capital Improvement Program Budget for FY2004-2005 to the current FY2003-2004 budget for the Murrieta Creek Bridge and Overland Drive Extension — Project No. PW00-26; 11.2 Approve the amendment to the agreement with Project Design Consultants to provide professional design services in an amount not to exceed $370,200.00 and authorize the Mayor to execute the agreement; 11.3 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $37,020.00, which is equal to 10% of the amendment total. (Pulled for separate discussion; see pages 7-8.) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 03-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURES FOR INLAND EMPIRE RACE FOR THE CURE EVENT ON OCTOBER 19, 2003, AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THIS SPECIFIC SPECIAL EVENT R:\Minutes\092303 5 13 Resolution of Support for Local Government Ballot Initiative (at the request of Councilman Comerchero) 14 RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 03-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS (Pulled for separate discussion; see page 8.) RECOMMENDATION: 14.1 Approve the Agreement to defer completion of conditions of approval until after recordation of Final Map for Tract Map No. 29353-2 (Roripaugh Ranch Specific Plan); 14.2 Approve Tract Map No. 29353-2 in conformance with the conditions of approval; 14.3 Approve the Subdivision Improvement Agreement; 14.4 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. MOTION: Mayor Pro Tern Naggar moved to approve Consent Calendar Item Nos. 1 —7, 9 —10, 12, and 14. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. Consent Calendar Items considered under separate discussion Sponsorship request for the Good Old Days Car Show RECOMMENDATION: 8.1 Approve funding for the Good Old Days Car Show for actual City support costs, which are estimated to be approximately $40,000; 8.2 Approve the Good Old Days Car Show sponsorship agreement with Central Coast Productions in substantial form with the final agreement being subject to approval by the City Attorney and authorize the Mayor to execute the agreement. R:\Minutes\092303 6 Assistant to the City Manager Yates provided the staff report (of record), advising that under this particular agreement no alcoholic beverages will be served at the event and that extensions of the agreement will be at the discretion of the City Council. Advising that the Temecula Town Association (TTA) has provided a successful Temecula Rod Run Event for the past six years, Ms. Kay Williams, 45542 Masters Road, apprised the Council of an opportunity for the TTA to merge its efforts with another local, non-profit charitable group; noted that proceeds would be donated to the local community; and requested a continuance in an effort to provide more detailed information to the City Council for its review. Having proceeded with a legal process to solicit firms for this event, Councilman Comerchero advised that although TTA had not submitted an application, it was submitted after the official closing date and, therefore, was returned; relayed his willingness to communicate with the TTA with regard to this merger as it relates to further events but that it should be outside the parameters of this particular event; and spoke in support of the proposed recommendation. Echoing Councilman Comerchero's comments, Councilman Roberts and Mayor Stone relayed their support to proceed at this time with staff's recommendation. MOTION: Councilman Comerchero moved to approve staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 11 Amendment to the Professional Services Agreement with Project Design Consultants for RECOMMENDATION: 11.1 Approve an acceleration of $170,000 from the Capital Improvement Program Budget for FY2004-2005 to the current FY2003-2004 budget for the Murrieta Creek Bridge and Overland Drive Extension — Project No. PW00-26; 11.2 Approve the amendment to the agreement with Project Design Consultants to provide professional design services in an amount not to exceed $370,200.00 and authorize the Mayor to execute the agreement; 11.3 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $37,020.00, which is equal to 10% of the amendment total. Public Works Director Hughes reviewed the staff report (as per agenda material). In response to Mayor Stone's concern with the possible elimination of the Arizona crossing, Public Works Director Hughes noted that until the completion of the design, it will not be determined whether or not the crossing will have to be eliminated and that having anticipated the potential closing, the widening of Rancho California Bridge will built in additional capacity. Because this project is not part of a cumulative presentation of all circulation projects within the Capital Improvement Plan, Councilman Pratt relayed his opposition to the recommendation. In response to Councilman Pratt, Public Works Director Hughes noted that the proposed project would be consistent with the City's Circulation Element and General Plan, which include environmental studies, and that the proposed contract amendment will as well complete additional environmental studies. R:\Minutes\092303 7 MOTION: Councilman Comerchero moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected approval with the exception of Councilman Pratt who voted no. 13 Resolution of Support for Local Government Ballot Initiative (at the request of Councilman Comerchero) RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 03-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS Apprising the public of the formation of a grass roots organization created by the League of California Cities, Councilman Comerchero advised that this organization will be exploring the possibility of passing a State Constitutional amendment which would protect local revenues and mandate that a citizen vote would be required to determine whether or not the State Legislature may take funds earmarked for cities. MOTION: Mayor Pro Tern Naggar moved to adopt the resolution. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. At 7:56 P.M. a short recess was called after which the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Facilities Financing Corporation, the City Council meeting resumed with regular business at 8:40 P.M. COUNCIL BUSINESS 15 RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 03-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DETERMINING UNPAID ASSESSMENTS — ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD) RAMinutes\092303 8 15.2 Adopt a resolution entitled: RESOLUTION NO. 03-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ISSUANCE OF IMPROVEMENT BONDS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 AND APPROVING RELATED DOCUMENTS AND ACTIONS — ASSESSMENT DISTRICT NO. 03-04 (JOHN WARNER ROAD) City Attorney Thorson reviewed the staff report (of record), noting that the proposed action will be the final action required to issue bonds for the John Warner Road Assessment District. MOTION: Mayor Pro Tern Naggar moved to adopt the resolution. The motion was seconded by and voice vote reflected unanimous approval. 16 Senate Bill 87 (at the request of Mayor Pro Tern Naggar and Councilmembers Comerchero and Roberts) RECOMMENDATION: 16.1 Provide direction to staff regarding to pursuing approval of Senate Bill (SB) 87. Providing background information, City Manager Nelson reviewed the staff report (of record), noting the following: • That at the end of last year, the City Council unanimously approved to pursue a legislative bill which would relinquish the SR 79 north and south State Highways within City boundaries to the City of Temecula; that this matter has been a top priority for the City; • That local control of these highways would permit the City the ability to better synchronize traffic signals and to better respond to signal repairs; that in an effort to accomplish this goal, the City, in its operating budget, had approved a full-time traffic signal technician; • That Senator Hollingsworth had agreed to author and carry SB 87 to the State Legislature; that the bill was submitted for consideration in January of 2003; • That staff has been tracking the progress of this bill; that on Monday, September 8, 2003, the Assembly unanimously passed the bill; that on Wednesday, September 10, 2003, the Senate unanimously passed the bill; that during the last week of the legislature calendar, on Friday, September 12, 2003, the City was informed that Senator Hollingsworth had withdrawn SB 87; that such withdrawal rescinded the action of the Senate's approval of this bill; that there had been no communication by Senator Hollingsworth with the City regarding such action; • That a subsequent meeting had been set with Senator Hollingsworth, Mayor Pro Tern Naggar, and staff at which the City was informed that the reason the Senator had withdrawn the bill was in order to address the concerns of two property owners located on SR 79 south (Domenigoni and Moramarco); that these two property owners had R:\Minutes\092303 expressed concern with access to their particular properties as well as potential removal of a traffic signal at Bedford Court. With regard to this matter, Mayor Pro Tern Naggar noted the following: That regardless of whether the State Highways were to remain under the jurisdiction of Caltrans or revert to the City, Caltrans, because of its close proximity to the 79 south Interchange, will have final jurisdiction over ingress and egress to the properties of discussion as well as to the Bedford Court traffic signal (referencing a letter from Caltrans of August 2001 and a letter from the Director of District No. 8, dated September 22, 2003; That SB 87 has nothing to do with ingress and egress for the property owners adjacent to Bedford Court and that it has nothing to do with the removal of the traffic signal at Bedford Court; that only Caltrans may remove the Bedford Court signal. In response to Mayor Pro Tern Naggar's query that if the Senator were assured by Caltrans that SB 87 would have no affect on those property/business owners adjacent to Bedford Court would he then support moving the bill forward, Senator Hollingsworth noted that he would only move the bill forward if the issues at hand were resolved to the satisfaction of the property owners. With regard to this response, Mayor Pro Tern Naggar questioned the Senator's interest to satisfy these two property owners over the remaining 75,000 citizens. Questioning as to how to proceed at this time, City Manager Nelson, for Mayor Pro Tern Naggar, recommended that the City request someone else within the State Legislature to carry the bill to which Senator Hollingsworth stated no one else would carry the bill and that if they did, he would kill that bill. For Councilman Comerchero, City Manager Nelson reiterated that SB 87 would only allow the City to be able to operate and maintain the areas within those State Highways and that the Caltrans access easements beyond Bedford Court will remain intact regardless of the passage of SB 87. Advising that the Domenigoni property is on the south side of SR 79 south and that the Moramarco property is on the north side of SR 79 south, Mayor Pro Tern Naggar clarified that if access to SR 79 south were given to the Moramarco property, Caltrans has stated that the traffic light must be removed and a median would be installed; that if the traffic light were not removed, no access would be granted from SR 79 south, as per Caltrans, to the Moramarco property, noting that the two property owners have opposing interests. For Mayor Pro Tern Naggar, City Attorney Thorson advised that Caltrans, cities, and counties that control roadways have considerable discretion to provide for medians, traffic signals, and other traffic control devices and that property owners have not vested right in particular configuration of those traffic devices. Public Works Director Hughes, for Mayor Pro Tern Naggar, advised that Caltrans holds jurisdiction over the Bedford Court traffic light; that Caltrans has recorded rights (800' from the north ramps on the 1-15 at SR 79) and reiterated the importance of the City taking control of SR 79 north and south for the following reasons: signal synchronization (not including the ramp signals), median construction on SR 79 south (ingress/egress), future improvement projects, and continued enhancements on SR 79 north and south. Councilman Roberts briefly commented on the difficulty with Caltrans providing timely signal repair. RAMinutesk092303 10 Respecting Senator Hollingsworth for his strong support of property rights, Mayor Stone welcomed him to this meeting. Addressing SB 87, ingress/egress, and the issue of relinquishment, Senator Hollingsworth noted the following: • That he had been requested by the City to carry SB 87; that the bill has been unanimously passed by the Assembly and Senate in the closing week of this year's session; • That on Wednesday, September 10, 2003, he had been apprised of a conflict with regard to this issue surrounding the Bedford property owners and businesses, expressing concern with the relinquishment as well as the removal of the traffic light; • That in an effort to further investigate the raised concerns and to avoid unintended consequences, he removed the bill from the Governor's desk; that had the Governor signed the bill, it would have become effective January 1, 2004; • That he would apologize for not calling the City on Thursday or for his office not calling the City on Friday; • That he had carried the bill under the assumption that such conflicts had been resolved; • That he would encourage the City to use the next three months to resolve this issue with the businesses and property owners; • That he would agree to an amendment to add urgency to the bill on January 5, 2004 with the bill immediately becoming law; • That he had run for the legislature because of the private property rights issue; • That he would be desirous of assisting the City with traffic and safety concerns caused by the growth; that he is also concerned about jobs and the economy in this State; that this bill could possibly impact jobs within the City and within his District; • That although the City is not in control of this traffic light, the City installed the signal (as per a 1995 MOU — a written agreement which includes ingress and egress for Bedford Court; that Mr. Moramarco had informed him that he had paid for the signal; and that Caltrans has agreed to a four-way traffic signal; • That in April of 1999, the Public Traffic Safety Commission rejected a staff recommendation to remove the signal; that if the City has no control over the signal, why would the Public Traffic Safety Commission be addressing this matter; • That the City has not convinced the property and business owners that if SB 87 were to pass, that the City's control over that section of highway would not affect the traffic light signal; • That he would be desirous of resolving this matter and would be willing to facilitate, arbitrate, and/or coordinate meetings with the property/business owners in the area of discussion; • That commitments must as well be made by the City and reiterated that he would add an urgency to this bill; RAMinutes\092303 11 • That his intent, if Caltrans were to not uphold its end of the 1995 MOU, would be to support the City in upholding that agreement. In light of written communication from Caltrans, Councilman Comerchero does not understand the issue that the City has to resolve with the property/business owners. Disagreeing with Mr. Comerchero, Senator Hollingsworth referenced the 1995 MOU to which Mr. Comerchero commented on communications he, Councilman Roberts, and Mr. Moramarco had to discuss ingress/egress; highlighted communications with Caltrans; and commented on the 2001 letter. With regard to an earlier meeting with Mr. Moramarco, Councilman Roberts noted that if right in and right out curb cuts were required, the traffic signal would be removed and that Caltrans had required a center median before right in and right out had been installed. Since 1995, the City's circumstances have changed and Caltrans has communicated its position with regard to Bedford Court, City Manager Nelson noted that the agreement for Mr. Moramarco's property would be between Mr. Moramarco and Los Ranchitos Homeowners Association and that the City would allow Mr. Moramarco to attain access from Vallejo Road. Further commenting on the 1995 MOU, Public Works Director Hughes noted the following • That the MOU constituted a guide to respective obligations, intentions, and policies of the City and Caltrans in approving new development along the north and south sides of SR 79 within City limits; • That this MOU had not been designed to authorize funding for project effort nor was it a legally binding contract; that the intent was to establish mutual policy which would lead to cooperative agreements between Caltrans and the City within approximately 12 months; that those cooperative agreements were never approved; and that, therefore, as per Caltrans, this document has limited legal standing; • That, as per Caltrans, a full -turning movement intersection, signalized at Bedford Court, for both north and south sides would not meet its standards; • That the City had attempted to address the Moramarco access restrictions with Caltrans by way of full -turning movements on both north and south sides as long as feasible from a traffic standpoint; that Caltrans would not support this recommendation. Commenting on the City's changes since the 1995 MOU, Mayor Pro Tern Naggar advised that traffic studies indicate that from the freeway to Pechanga Parkway, SR 79 should be widened to eight lanes; in addition, full freeway improvements are planned for the SR 79 south interchange. Addressing Mayor Pro Tern Naggar's comments, Senator Hollingsworth noted that the City and Caltrans are the parties to the agreement. Although trying to recognize and support the private property rights of those adjacent to SR 79 south, City Manager Nelson addressed the need to as well acknowledge the rights of the 75,000 residents utilizing this corridor; that he would encourage this matter to be resolved with Senator Hollingsworth's support; and that if the matter cannot be resolved with Senator Hollingsworth support, that the City request another legislator to carry this bill. R:wlinutes\092303 12 In response to City Manager Nelson, Senator Hollingsworth noted that because it would not be custom practice for other legislators to carry legislation dealing with impacts or local issues not within their district. With Mayor Pro Tern Naggar requesting Senator Hollingsworth to commit to resolve this matter, the Senator noted that commitments have to be made on the City's part such as the implementation and the upholding of the 1995 MOU, considering the City has installed this traffic light. Advising that the City would concur with Senator Hollingsworth in his intent to not put any businesses out of business, to improve traffic circulation, and to concur that the Moramarco property is landlocked, Mayor Stone noted that the City has provided the needed infrastructure and stated that the City will work with Caltrans but that the City has limited jurisdiction. Mr. Stone suggested the formation of a subcommittee to address this issue. Requesting the Senator's leadership to help educate the property/business owners of the City's jurisdiction, Mr. Stone suggested the adoption of a resolution that would incorporate the provisions of the 1995 MOU or another plan that both the Senator and the City would approve. In an effort for Senator Hollingsworth to appease five to six individuals, Mayor Pro Tern Naggar commented on the impact this restriction could have on the traffic signal of all citizens. Reiterating the City's goals, Mayor Stone commented on the City's willingness to work with the Senator and the property/business owners but that ultimately the decision would be Caltrans. Mayor Pro Tern Naggar requested that a timeline be set to accomplishing this goal. Advising that the City would have property rights if Caltrans were to relinquish both State Highways to the City, Councilman Roberts spoke in support of immediately proceeding with the recommended action and relayed his opposition to the removal of the traffic signal at Bedford Court. Senator Hollingsworth reiterated his willingness to proceed as expeditiously as possible and to immediately move this bill, if the issue were resolved, to the Legislature at its return in January. Noting that the City will agree to work with the Senator, Caltrans, and the property/business owners, Councilman Comerchero requested that once these negotiations have surpassed and the City has fulfilled its obligations but the City and Caltrans have not reached an agreement, the Senator noted that he would commit that, at that point, there would be no reason to hold up the bill. To clarify Senator Hollingsworth's intent, Mayor Pro Tern Naggar relayed his desire to formulate a resolution as soon as possible; noted that the proposed resolution should include verbiage that the City would not be desirous of removing the traffic light at Bedford Court; that this bill should be passed as soon as possible; and that a subcommittee be formed to resolve this matter. Councilman Pratt noted that, in his opinion, this matter can be resolved within the next three months. Not concurring with the formation of a subcommittee, Councilman Roberts noted that a single individual could accomplish this task faster and offered to be that individual. To further clarify, Councilman Comerchero questioned what would happen to SB 87 if there were no resolution to which Senator Hollingsworth noted that if an impasse were reached and RAMinutes\092303 13 that if this impasse were not as a result of the City but as a result of Caltrans, he would carry the bill. Mayor Pro Tern Naggar reiterated his desire that any Council action regarding this matter set forth a more defined timeline in which to resolve this matter. By way of a petition (copies distributed to the City Council), Mr. Steve Wood, 31851 Winchester Road, read, on behalf of the business and property owners, the submitted petition into the record; relayed his now clarified understanding that this matter is more of a Caltrans issue than a City issue; and appreciated the opportunity to explore all available options to ensure limited impact on businesses and public safety. Ms. Carol Wilson, 44535 Bedford Court, representing Temecula Pizza Company, relayed her desire for a four-way signal which would as well benefit the Moramarco property. Commending the City Council on its firm stand to ensure the safety of those commuters traveling on SR 79 highways, Mr. Paul Jacobs, 32370 Corte Sonora, relayed his appreciation of the City Council's integrity. Mr. Chris Pedersen, 31052 Wellington Circle, as well commended the City Council on its firm stand to ensure that any City Council decision be based on the benefit of all versus of one individual. MOTION: Mayor Pro Tern Naggar moved to express the City's desire that the existing traffic signal at Bedford Court remain as long as the integrity of the intersection and Highway 79 South may be maintained based on current and future land uses; to appoint Councilman Roberts as the City representative to work with Senator Hollingsworth and property owners in an effort to resolve this matter; to expect and to encourage Senator Hollingsworth to introduce this bill by January 15, 2004; and to reagendize this matter if the Senator were to not introduce the bill by January 15, 2004. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 17 Second Reading of Cable. Video, and Telecommunications Ordinance mKelW�U7ti111IQ 40 17.1 Adopt an ordinance entitled: ORDINANCE NO. 03- AN ORDINANCE OF THE CITY OF TEMECULA REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS AND AMENDING IN ITS ENTIRETY CHAPTER 5.12 OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE It was noted (see page 1) that this matter has been continued off calendar. DEPARTMENTAL REPORTS No additional comment. CITY MANAGER'S REPORT No additional comment. RAMinutesk092303 14 CITY ATTORNEY'S REPORT City Attorney Thorson advised that under the Brown Act, there were no items to report from Closed Session. ADJOURNMENT At 9:45 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Wednesday, October 22, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] R:\Minutes\092303 15 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL OCTOBER 28, 2003 The City Council convened in Closed Session at 6:30 P.M. and in Open Session at 7:00 P.M., on Tuesday, October 28, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Councilmembers: Comerchero, Naggar, Pratt, and Stone Absent: Councilmember: Roberts PRELUDE MUSIC The prelude music was provided by Sheila Ryle. INVOCATION The invocation was given by Pastor Raisa Slagle of Harvester Church of Temecula. ALLEGIANCE The flag ceremony was presented by Councilman Comerchero. Advising that Councilman Roberts has been in Sacramento working on the Library Grant, Assistant City Manager O'Grady, with extreme pride, announced that the City's Library Grant application has been approved by the State Library Board in the amount of $8.5 million, noting that the City will be matching the grant funds for a total library project amount of $14 to $15 million; that the design plans have been completed; that construction plans are nearly complete; that once completed, the plans will be forwarded to the Office of the State Architect; that the bid process should begin approximately May off 2004; that construction should begin approximately August of 2004; and that the grand opening should be approximately June of 2006. In closing, Mr. O'Grady extended his appreciation and commended all those involved with this grant application process. Ms. Grace Mellman, representing Friends of the Library, and Ms. Rosie Vanderhaak, Library Manager, commended the City Council, staff, and the community for their efforts associated with this library application; advised that the School District is in full support of this project; and noted that the Friends have fundraised a total of $250,000 toward the library and that additional funds will be raised. Ms. Mellman advised that the City of Murrieta as well received its Library Grant. Mayor Stone relayed his desire to have the Library constructed by Spring/Summer 2005. At this time, Assistant to the City Manager Assistant to the City Manager Yates, Police Chief Domenoe, and Fire Chief Windsor provided an update of activities/actions undertaken by the City since the recent fires. Having visited the shelter earlier in the day, Councilman Comerchero advised that only two individuals were remaining; relayed his desire to take a more proactive approach in informing R:\Minutes\102803 1 the community of potential emergency situations; and suggested the exploration of utilizing a FM transmitter and emergency broadcast FM radio station. Because the newly formed Citizen Corps organization is still in its infancy, Mayor Pro Tern Naggar noted that this organization could as well be utilized, for future emergencies, to distribute information to the community. Presentation to School Resource Officer Dave Bailey Thanking Officer Bailey for his coordinating efforts in alleviating traffic congestion at Temecula Valley High School, Mayor Stone presented a Certificate of Appreciation to Mr. Bailey. Certificate of Appreciation to Diane Robetckv Recognizing Ms. Robetcky for her bright idea to alleviate traffic congestion at Temecula Valley High School, Mayor Stone presented a Certificate of Appreciation to Ms. Robetcky. Certificate of Appreciation to Scott Schaufele Principal of Temecula Valley High School As well thanking Principal Schaufele for his coordinating efforts in alleviating traffic congestion at Temecula Valley High School, Mayor Stone presented at Certificate of Appreciation to Mr. Schaufele. Gift Giving Week Proclamation — United Way and Community Health Charities Proclaiming October 27 — October 31, 2003 as Gift Giving Week, Mayor Stone presented a proclamation to Ms. Kari Hollis, representing United Way, and Mr. Ron Burrus, representing Community Health Charities, who, in turn, thanked the City and its employees for its continued support. Certificate of Achievement to Michelle Arellano Director of the Boys and Girls Club Noting that without the continued support of the City Council, the Board of Directors, and the community, Ms. Arellano relayed that she would not be receiving this appreciated Certificate. PUBLIC COMMENTS No comments. CITY COUNCIL REPORTS A. Councilman Pratt relayed his congratulation to all those who received a Certificate. B. In light of the recent fires, Councilman Comerchero informed those in need of filing an insurance claim to contact the State Office of the Insurance Commissioner at 1-800-927-help or www.insurance.ca.gov. Mr. Comerchero advised that the Blood Bank is in need of blood and thanked Fiscal Services Manager Papagolos for his efforts in assuring meals were provided to those in the shelter. C. Having attended a recent TriTunnel Project presentation, Mayor Stone reiterated the need of providing an east/west corridor to Orange County; advised that this project would be environmentally sensitive and economically feasible and that the project would be financed RAMinutes\102803 through private entities. Mr. Stone suggested that the City Council and the Public Traffic Safety Commission meet in a joint workshop in order to discuss this matter and a possible resolution of support. In response to Mayor Stone, Chairman Connerton (Public Traffic Safety Commission) advised that the Commission had received an in-depth presentation regarding this matter. In closing, Mayor Stone encouraged the residents of the City to vote on Tuesday, November 4, 2003. CONSENT CALENDAR 1 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 Resolution approving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. 03-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3 Sixth Amendment to Agreement for Law Enforcement Services RECOMMENDATION: 3.1 Approve the sixth amendment to the agreement for law enforcement services between the County of Riverside and the City of Temecula to include hiring two additional motorcycle officers; 3.2 Approve an additional appropriation of $165,000 from General Fund undesignated fund balance. 4 First Amendment to Agreement between City of Temecula and Tremco/Weatherproofing Technologies, Inc. RECOMMENDATION: 4.1 Approve the First Amendment with Tremco/Weatherproofing Technologies, Inc. This amendment extends the term of the agreement and revises the scope of work to include additional roof repairs and extra work services in the amount of $78,960. R:\Minutes\102803 RECOMMENDATION: 5.1 Approve Parcel Map No. 31144 in conformance with the conditions of approval. 6 Tract Map No 25004 (located northerly of Nicolas Road and east of Seraphina Road) RECOMMENDATION 6.1 Approve Tract Map No. 25004 in conformance with the conditions of approval. RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 03-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED STREET SYSTEM (WITHIN CHARDONNAY HILLS SUBDIVISION) RECOMMENDATION: 8.1 Approve Amendment No. 1 to the Agreement with Kleinfelder, Inc., for geotechnical and material testing and special inspection, in an amount not to exceed $34,845.00 for the Rancho California Bridge Widening over Murrieta Creek Project - Project No. PW99-18; 8.2 Authorize the Mayor to execute the amendment. 9 Request that Governor -Elect Schwarzenegger create a position of "Advisor for Municipal Affairs" (At the request of Councilman Comerchero.) RECOMMENDATION: 9.1 Authorize the Mayor to sign a letter go Governor -Elect Schwarzenegger requesting that he establish the position of "Advisor for Municipal Affairs'; 9.2 Direct City Staff to request that the League of Cities endorse this request and urge other cities to make a similar request. RMAinutes\102803 MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-9. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected approval with the exception of Councilman Roberts who was absent. At 7:50 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority, the City Council meeting resumed with regular business at 8:32 P.M. PUBLIC HEARING 10 RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 03-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE VACATION OF A PORTION OF RANCHO CALIFORNIA ROAD, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE ATTACHED EXHIBITS A AND B Public Works Director Public Works Director Hughes reviewed the staff report (as per agenda material). MOTION: Mayor Pro Tern Naggar moved to approve the staff recommendation. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Councilman Roberts who was absent. COUNCIL BUSINESS 11 RECOMMENDATION: 11.1 Receive and file report. Public Works Director Hughes introduced Principal Engineer Attar and Principal Engineer Butler. By way of a PowerPoint presentation, Principal Engineer Attar provided an overview of the French Valley Interchange, noting that this project had been previously referred to the Date/Cherry Interchange and highlighting the following: Goals Safety • Operation of freeway and interchange RAMinutes\102803 • Improve capacity between Winchester and Interstate 15/215 split Project Status • Completed project study report — has been adopted by Caltrans and Federal Highway Administration • Working on the project report/environmental documentation • Right-of-way acquisition is underway under the Protection Acquisition Federal Guidelines Estimated Project Cost/Funding Resources • $63-$79 million • Transportation Uniform Mitigation Fee • Measure A Bond Proceeds • City Capital Project Reserves • Development Impact Fees • Harveston Community Facilities District • Unspecified Funds — Federal Administration Highway Funds) Schedule • Complete the project report in 2004 Development of construction drawing in 2006 • Construction in 2007 • Completion in 2009 In response to City Council comments, Principal Planner Attar responded as follows: • That the benefit of this collector distributor system will assist with freeway capacity, merging movements of the main line system, access to the local system, and add capacity to Interstates 15/215 • That this project will be connected with Diaz Road at a future point • That this project would as well benefit Murrieta residents traveling to and from the French Valley area • That the City's goal would be to provide the network of transportation roads which have been planned in the City's General Plan to ensure buses/cars/and other modes of transportation can affectively operative. R:\Minutes\102803 6 At this time, by way of a PowerPoint Presentation, Principal Planner Butler presented an overview of the implementation of the Butterfield Stage Road, noting the following: Goals • To provide capacity for anticipated growth both within the City of Temecula and within the outlining areas of the County • To provide another north/south corridor in an effort to provide relief from existing overburdened roads Proiect Traffic Volumes • In 2007 — 9,000 to 11,000 trips per day • At buildout, 32,000 to 48,000 per day Project • A 2.5-mile arterial highway, four -lane road, raised medians, limited access (major feeding streets) • At Roripaugh Ranch project, conditioned to provide six lanes of traffic to mitigate impacts Project limits • Extend from Rancho California Road on the south • Connection near Chardonnay Hills Development (Chemin Clinet) • Connect La Serena • Calle Chapos will be extended and Nicolas Road • Roripaugh Ranch development will extend to Murrieta Hot Springs Road Cost • $22.3 million • 100% developer funded (Roripaugh Ranch Community Facilities District, Shea Homes Development/Serena Hills Community Facilities District, and Transportation Mitigation Fees) Status • Right-of-way for road — 90% in place • Dedication in place— 100% • Environmental clearance - City Council has adopted an Environmental Impact Report (EIR) for Roripaugh Ranch in December of 2002; that EIR included Roripaugh Ranch as well as off -site improvements such as Butterfield Stage Road RAMinutes\102803 7 Plans and Specifications • Developer project • Developer's consultants are completing the design Schedule • Design should be completed within a few months • Construction schedule is developer driven — Development Agreement is in place • Murrieta Hot Springs Road/Rancho California Road connection to be completed by mid 2005. In response to City Council comments, Principal Planner Butler noted the following: That the project will include six lanes from Nicolas Road up to Murrieta Hot Springs Road; demand and traffic volumes do not necessitate the extended capacity beyond this area; that the City's Circulation Element anticipated the need of four lanes of capacity for Butterfield Stage Road; that the development impacts were learned with the environmental analysis of the Roripaugh Ranch project, determining that additional lanes would we necessary in this particular area; that the two added lanes would be properly transitioned; that these added lanes will ensure a Level of Service D or better • That the rights -of -way necessary to expand to six lanes have been attained; that no rights -of -way have been attained south of Nicolas Road • That this alternate north/south route will draw trips away from Rancho California Road/Nicolas Road/Winchester Road/Margarita Road. Commenting on the additional capacity that will be provided through these projects, Councilman Comerchero referenced the benefits and efforts undertaken to work with the developers, through a negotiation process, to ensure mitigation of potential impacts. There being no objection, this item was received and filed. 12 Boys and Girls Club Ground Lease Agreement RECOMMENDATION: 12.1 Approve the Boys and Girls Club Ground Lease Agreement in its substantial form. Community Services Director Parker presented the staff report (of record). On behalf of the Boys and Girls Club, Mr. Don Lewis, Murrieta, thanked the City Council for the opportunity to expand, commenting on location as well as the Club's goals. Mayor Stone commended Mr. Terry Gilmore on his fundraising efforts. Apprising the public of an upcoming fundraiser Our Kids Rock on November 22, 2003, Mayor Pro Tern Naggar commended the Club on an outstanding job and offered the following motion: RAMinutes\102803 MOTION: Mayor Pro Tern Naggar moved to approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was absent. 13 Cable. Video. and Telecommunications Ordinance RECOMMENDATION: 13.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 03-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS, AND AMENDING IN ITS ENTIRETY CHAPTER 5.12 OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE Briefly summarizing changes made, through the City Council subcommittee/staff/Verizon representative, since the last City Council meeting, Assistant City Manager O'Grady noted that the changes primarily deal with regulation of rights of way and that the changes met the needs of Verizon. At this time, Assistant City Attorney Curley introduced and read by title only Ordinance No. 03- 11. MOTION: Mayor Pro Tern Naggar moved to approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was absent. 14 Appointment to Public/Traffic Safety Commission RECOMMENDATION: 14.1 Appoint one applicant to serve on the Public/Traffic Safety Commission for a full three-year term through October 10, 2006. City Clerk Jones reviewed the staff report (as per agenda material), noting that the City Council Subcommittee has recommended to reappoint of Mr. Scott Lanier. MOTION: Mayor Pro Tern Naggar moved to approve the reappointment of Mr. Scott Lanier to the Public Traffic Safety Commission. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was absent. 15 Appointment to Community Services Commission RECOMMENDATION: 15.1 Appoint two applicants to serve full three-year terms on the Community Services Commission through October 10, 2006. R:\Minutes\102803 9 City Clerk Jones reviewed the staff report (as per agenda material), noting that the City Council Subcommittee has recommended to reappoint of Mr. Tom Edwards and to appoint Ms. Charlotte Fox. Thanking Mr. Edwards for his years of service, Councilman Comerchero, echoed by Councilman Pratt, commented on the difficulty, in light of the qualified applicants, of choosing a newly appointed Commissioner, noting that Ms. Fox will be the first individual, representing the Vail Ranch Community, to be appointed to a City Commission. MOTION: Councilman Comerchero moved to approve the reappointment of Mr. Tom Edwards and the appointment of Ms. Charlotte Fox. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected approval with the exception of Councilman Roberts who was absent. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT Assistant City Manager O'Grady commended Principal Engineers Attar and Butler as well others associated with the City's ambitious Capital Improvement Program; thanked the Fire and Police Departments for their efforts with the recent fires; and recognized and thanked the Red Cross and the School District for its efforts associated wit the opening of the shelter, extending special appreciation to Assistant to the City Manager Yates, Fiscal Services Manager Papagolos, Recreation Superintendent Pelletier, and Maintenance Superintendent Harrington. In closing, Mr. O'Grady reiterated his delight with the City receiving the Library Grant. CITY ATTORNEY'S REPORT Assistant City Manager Curley advised that there were no reportable actions to report under the Brown Act. ADJOURNMENT At 9:38 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Tuesday, November 18, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:\Minutes\102803 10 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 18, 2003 The City Council convened in Closed Session at 5:30 P.M. and in Open Session at 7:00 P.M., on Tuesday, November 18, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 4 Councilmembers: Comerchero, Pratt, Roberts, and Stone Absent: 1 Councilmember: Naggar PRELUDE MUSIC The prelude music was provided by Shawnti Rylem, who as well presented to the Mayor a picture she had drawn entitled The Waterfall." The invocation was given by Reverend Howard Brown. ALLEGIANCE The flag ceremony was presented by Councilman Comerchero. PRESENTATION/PROCLAMATIONS Certificate of Achievement to Christopher Jennings for achieving Eagle Scout rank Thanking the City Council for the certificate and the City of Temecula Eagle pin, Christopher Jennings provided a brief overview of his Eagle Scout project. The Fourth Annual Community Candlelight Tribute Proclamation Expressing appreciation for the proclamation, Ms. Linda Mejia invited the City Council and the community to attend the Fourth Annual Community Candlelight Tribute - Remembering Those We've Loved and Lost event at the Promenade Mall, on Saturday, December 6, 2004, at 5:00 P.M. PUBLIC COMMENTS Welcoming the City Council and the public to attend, Ms. Linda Rae Tyler, 42650 San Julian Place, Temecula, Post Commander for the Veterans of Foreign Wars, announced that the grand opening event will be held on December 6, 2003, at 7:00 P.M. In closing, Ms. Tyler thanked the City for its cooperation and assistance in bringing this project to fruition. In light of the recent expenditures during the City's City Council Municipal Election, Mr. George Di Leo, 32871 Rovato Street, requested that the City Council consider the imposition of campaign spending limits. R:\Minutes\111803 CITY COUNCIL REPORTS A. Relaying his delight with the approval of the City's grant application by the Public Library Construction and Renovation Board in the amount of $8,552,414.00, Councilman Roberts thanked the efforts of all those associated with this project, including the community. B. Sharing his enthusiasm of the approval of the City's library grant application, Councilman Pratt proceeded with highlighting other memorable experiences during his four-year term as a City Councilmember and relaying his enjoyment of having had the opportunity to serve the City. C. Councilman Comerchero commended Councilman Pratt for his devotion of the past four years to the City. Mr. Comerchero as well commended Councilman Roberts on his participation and efforts in the approval of the library grant application, noting that those efforts started as long as five years ago. Having been privileged to attend Governor Schwarzenegger's inaugural ceremony, Mr. Comerchero expressed the feeling of optimism and sense of togetherness in Sacramento. D. Mayor Stone as well commended Councilman Pratt for his four years of service to the City of Temecula. Noticing a decrease in offenders, Mr. Stone commended the Police Department in its efforts with regard to the red light enforcement program. Mr. Stone requested that the Enforce Responsible Alcohol Consumption in Temecula (E.R.A.C.I.T.) Program be employed during the upcoming holiday season. CONSENT CALENDAR 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 October 22, 2003. 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: R:wlinutes\111803 RESOLUTION NO.03-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of September 30, 2003. Liability Insurance Renewal RECOMMENDATION: 5.1 Approve the City of Temecula Liability Insurance Policy Renewal with Clarendon America Insurance Company/Arch Specialty Insurance Company in the amount of $279,984 for general and excess liability insurance for the period of December 1, 2003 through December 1, 2004. Purchase of Police Motorcycles RECOMMENDATION: 6.1 Approve the purchase of three 2004 Police Road King motorcycles from Quaid Harley Davidson for a total amount of $62,177.64; 6.2 Appropriate an additional $33,000 to the Police Department budget for the purchase of the third motorcycle with equipment. Acceptance of certain Public Streets into the City -Maintained Street System within various Tracts of the Temeku Hills Subdivision RECOMMENDATION: 7.1 Adopt a resolution entitled: 10 *161 Ito II [s7 ki 1. [OW1105I& A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED STREET SYSTEM WITHIN TEMEKU HILLS SUBDIVISION RECOMMENDATION: 8.1 Adopt a resolution entitled: R:wlinutes\111803 RESOLUTION NO. 03-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING TEMPORARY STREET CLOSURES FOR JEFFERSON AVENUE AND ABUTTING STREETS FROM RANCHO CALIFORNIA ROAD TO OVERLAND DRIVE AND ALSO THE LOW FLOW CROSSING AT VIA MONTEZUMA AT DIAZ ROAD FOR TEMECULA'S ELECTRIC LIGHT PARADE ON DECEMBER 4, 2003, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES First Amendment to License Agreement with Electrend, Inc. RECOMMENDATION: 9.1 Approve the First Amendment to License Agreement between the City of Temecula and Electrend, Inc. for use of real property and authorize the Mayor to execute the agreement; 9.2 Authorize the City Clerk to record the document. 10 Completion and Acceptance of installation of Battery E utilizing Light Emitting Diode (LED) Modules — Project RECOMMENDATION: 11 10.1 Accept the installation of Battery Back-up System for Traffic Signals Utilizing Light Emitting Diode (LED) Modules- Project No. PW03-04 as complete; 10.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 10.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion of no liens have been filed. RECOMMENDATION: 11.1 Approve and authorize the City Manager to execute in substantially the form attached hereto, the PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF TEMECULA AND JOSEPH C. HEROLD AND CHARLES R. HEBARD, for the acquisition of certain real property in the amount of $298,822.00 plus the associated escrow fees; 11.2 Direct the City Clerk to record the document; 11.3 Adopt a resolution entitled: RAMinutes\111803 4 RESOLUTION NO. 03-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 12 Purchase and Sale Agreements for property located at the northwest corner of Main and Mercedes Streets RECOMMENDATION: 12.1 Adopt a resolution: RESOLUTION NO. 03-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF MAIN STREET AND MERCEDES STREET (APN 922-034-032, -033, AND —034) IN THE CITY OF TEMECULA 12.2 Approve an appropriation from unreserved General Fund balance in an amount not to exceed $565,000 for acquisition, predevelopment costs, developer fees, soil testing, escrow and closing costs. 13 Second Reading of Ordinance No. 03-11 (Cable. Video, and Telecommunications) RECOMMENDATION: 13.1 Adopt an ordinance entitled: ORDINANCE NO. 03-11 AN ORDINANCE OF THE CITY OF TEMECULA REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS AND AMENDING IN ITS ENTIRETY CHAPTER 5.12 OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-13. Councilman Roberts seconded the motion and voice vote reflected approval with the exception of Mayor Pro Tern Naggar who was absent. At 7:28 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority, the City Council meeting resumed with regular business at 7:59 P.M. R:\Minutes\111803 5 COUNCIL BUSINESS 14 Donation to Firefighters' Spark of Love Toy Drive (Placed at the request of Mayor Stone) 14.1 Consider approval and allocation of $500 for the Firefighters' Spark of Life Toy Drive. Assistant City Manager O'Grady introduced Fire Chief Howard Windsor who presented the staff report (of record). MOTION: Councilman Comerchero moved to approve the requested $500 allocation along with another $500 for a total of $1,000 for the Firefighters' Spark of Life Toy Drive. The motion was seconded by Councilman Roberts and voice vote reflected approval with the exception of Mayor Pro Tern Naggar who was absent. CITY MANAGER'S REPORT No additional comments. CITY ATTORNEY'S REPORT City Attorney Thorson relayed that in closed session, the City Council set just compensation for the properties associated in Item No. 1 (Rancho California Business Park Association) and authorized the City Attorney and Director of Public Works to submit an offer to those properties. With regard to Item Nos. 2 — 6 (property acquisition), Mr. Thorson advised that the City Council gave direction to the City Attorney and real property negotiators. With regard to Item Nos. 6 and 7, the City Council provided direction to the City Attorney but no action was taken. ADJOURNMENT At 8:03 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Tuesday, November 25, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] R:\Minutes\111803 MINUTES OF AN ADJOURNED REGULAR JOINT CITY COUNCIL/PUBLIC TRAFFIC SAFETY COMMISSION WORKSHOP NOVEMBER 25, 2003 CALL TO ORDER The City Council and Public Traffic Safety Commission convened in an adjourned regular joint workshop at 6:01 P.M., on Tuesday, November 25, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Councilmembers: Absent: Public Traffic Safety Commissioners: Absent: Comerchero, Naggar, Pratt, Roberts and Mayor Stone None *Katan, Lanier, *Wedel and Chairman Connerton IFTiia *It was noted that Commissioner Katan arrived at 6:08 p.m. *It was noted that Commissioner Wedel arrived at 6:21 p.m. PUBLIC COMMENTS No comments. CITY COUNCIUPUBLIC TRAFFIC SAFETY COMMISSION REPORTS No comments. COUNCIUCOMMISSION BUSINESS 1 Presentation of Tri-Tunnel Concept RECOMMENDATION: 1.1 Discuss this concept. Mr. Jack Wagner, Executive Vice President of Tri-Tunnel Express, a non-profit organization formed to educate the public, citizens, and public officials about the mobility crises in Southern California, presented a 10-minute PowerPoint presentation (as per agenda material), stating the following: • That a consortium of private engineering and construction firms would design, build, and finance the construction of the Tri-Tunnel Express; • That the Tri-Tunnel Express will not be involved in either the design, development, or construction of the tunnel; R:\Minutes\112503 1 • That Mr. Vardoulis' Company will not be involved in the engineering; • That on November 21, 2003, the major investment study request for proposal was distributed; that this study included investigating an additional corridor and improvements in the 91 corridor; • That in January 2004, a consultant will be selected to perform the major investment study; • That the Tri-Tunnel Express advisory committee supports the major investment study that Riverside County Transportation Commission (RCTC) and Orange County Transportation Agency (OCTA) have compiled; • That there are nine Cities in Orange County that have adopted a resolution in support of the Tri-Tunnel Express project; • That the specific map alignment will be available as technical studies are completed, noting that the map (as per the PowerPoint presentation) is not specific; • That the Board of Supervisors have not taken a position; however, support for this project has been publically received by Supervisors Campbell, Norby, Smith, and Silva; • That core samples have been taken; that Macquarie of Australia provided the financial analysis; • That a presentation was presented to Southern California Association of Government (SCAG) Transportation Committee in July of 2003; • That the City of Corona is currently in the process of reviewing a resolution. Director of Public Works Hughes relayed that it would be his opinion that the major investment study should be completed before the City adopt a resolution of support. Councilman Comerchero suggested passing a resolution in support of RCTC and its efforts to provide traffic relief in the corridor between Riverside and Orange County. Mayor Stone relayed his support of adopting a resolution supporting the Tri-Tunnel Express. Chairman Connerton also noted that he would be in favor of adopting a resolution in support of the Tri-Tunnel Express. Commissioner Katan relayed that adopting a resolution in favor of the Tri-Tunnel Express would also express support for RCTC. Councilman Pratt noted that he would be in favor of the Tri-Tunnel Express. MOTION: Councilman Comerchero moved to support RCTC in its efforts to find an additional corridor between Riverside and Orange County. Mayor Pro-Tem Naggar seconded the motion and voice vote reflected unanimous approval. This report was received and filed. R:\Minutes\112503 2 ADJOURNMENT At 7:08 P.M., Mayor Stone formally adjourned the Joint City Council/Public Traffic Safety Commission Workshop to the next regular City Council meeting on December 16, 2003, 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California, and to the next regular Public Traffic Safety Commission on December 11, 2003, at 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Stone, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] R:\Minutes\112503 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL NOVEMBER 25, 2003 The City Council convened in Open Session at 7:19 P.M., on Tuesday, November 25, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Councilmembers: Absent: 0 Councilmember: PRELUDE MUSIC Comerchero, Naggar, Pratt, Roberts, and Stone None The prelude music was provided by Sheila Ryle. INVOCATION The invocation was given by Minister of Outreach Mike Preston of Southwest Christian Church. ALLEGIANCE The flag ceremony was presented by Navy JROTC Unit from Chaparral High School. PRESENTATION/PROCLAMATIONS Presentation to Councilman Pratt Presenting a Plaque of Appreciation to outgoing Councilman Pratt, Mayor Stone thanked and commended Mr. Pratt for his four years of service and dedication to this community and commented on Mr. Pratt's efforts with regard to mass transit. PUBLIC COMMENTS A. Ms. Alice Sullivan, representing the Chamber of Commerce, introduced Ms. Kathy Forbes and Mr. Bert Baluyut who commented on the completion of the DVD entitled Succeeding in Temecula. Having previewed this DVD, Assistant City Manager O'Grady noted that it will be a helpful tool with economic development efforts. B. Mr. Bill Harker, 31130-85 South General Kearney, representing the Temecula Valley Historical Society, thanked the City for its assistance with continuing efforts to restore the Wolf Tomb as well as repairing of the bronze historical plaques located on several buildings throughout the City. CITY COUNCIL REPORTS A. Commending the Chaparral High School Girls' Volleyball Team on its CIF accomplishments, Mayor Pro Tern Naggar requested that formal recognition be given to the team at a future City Council meeting. Thanking those who assisted him in his reelection campaign as well as those who have assisted him in the past four years, Mayor Pro Tern Naggar relayed his appreciation and expressed delight in having the opportunity to serve on the City Council with newly elected Councilman Washington. B. Councilman Roberts noted that he had viewed the previously scheduled Tri- Tunnel Express Workshop with the Public Traffic Safety Commission as a very productive meeting. C. Councilman Comerchero informed the public that several City Councilmembers will be attending the National League of Cities Conference in Nashville and that he would report as to the processes of the conference. CERTIFICATION OF NOVEMBER 4. 2003, MUNICIPAL ELECTION 1 Declaration of Results of November 4, 2003 Election RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. 03-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 4, 2003, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW MOTION: Councilman Comerchero moved to adopt Resolution NO. 03-167. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. OATH OF OFFICE TO INCOMING CITY COUNCILMEMBERS Michael S. Naggar Chuck Washington At this time, City Clerk Jones swore in reelected Councilman Naggar and newly elected Councilman Washington. Thanking his wife, daughter, friends, and voters for their support during the election campaign, Councilman Washington commented on issues that were addressed with him during the campaign, noting traffic, jobs, protecting the character of the community, and 2 maintaining a user-friendly City Hall; thanked City staff for its responsiveness to the community's needs; and expressed his enthusiasm to serve the City for the next four years and as well to work with the School Board. At 7:45 P.M. a recess was called to hold a reception in honor of Sam Pratt after which the Temecula Public Financing Authority met at 8:01 P.M. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 2.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 03-168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Cancellation of December 9, 2003 City Council Meeting RECOMMENDATION: 4.1 Direct the City Clerk to cancel the regular City Council meeting of December 9, 2003, and to perform the appropriate postings and noticing requirements of the Government Code. 5 Temecula Citizen Corps Grant Funding RECOMMENDATION: 5.1 Increase estimated grant revenue by $9,277; 5.2 Appropriate $10,000 to the City Manager Department budget to employ a consultant to develop a Temecula Citizen Corps Annex to the City's Multi - Hazard Function Plan; 5.3 Appropriate $4,200 to the Police Department budget for the purchase of printed materials and supplies for the Temecula Citizen Corps. Community Service Funding Program (At the request of Mayor Stone and Mayor Pro Tern Naggar) RECOMMENDATION: 6.1 Approve a Community Service Funding Grant of $1,000 to Music Heritage; 6.2 Approve an appropriation of $1,000 from the General Fund Undesignated Fund Balance. (Pulled for separate discussion; considered in conjunction with Council Business Item No. 11; see page 6.) RECOMMENDATION: 7.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids from the prequalified contractors for the Old Town Temecula Community Theater Project — Project No. PW02-23. (Pulled for separate discussion; see page 5.) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 03-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING OFFERS OF DEDICATION OF RIGHT OF WAY AS SHOWN ON TENTATIVE TRACT MAP 29353 FOR ROAD AND UTILITY PURPOSES FOR FIESTA RANCH ROAD (LOT E) AND AS OFFERED BY OWNERS OF PARCEL APN 957-340-004, 957-340-005, AND 957-340-006 BUT NOT ACCEPTING THAT PORTION OF STREET INTO THE CITY -MAINTAINED STREET SYSTEM AT THIS TIME (At the request of Mayor Stone) RECOMMENDATION: 9.1 Authorize the Mayor to sign a letter urging the appointment of Joan Sparkman to the California Community College Board of Governors as a Trustee. MOTION: Mayor Pro Tern Naggar moved to approve Consent Calendar Item Nos. 1-5 and 8-9 (Item Nos. 6 and 7 puller for separate discussion; see pages 5-7). Councilman Comerchero seconded the motion and voice vote reflected unanimous approval. CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION RECOMMENDATION: 7.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids from the prequalified contractors for the Old Town Temecula Community Theater Project — Project No. PW02-23. Although he is a Board of Director for the Theater Foundation, City Attorney Thorson advised that because, at this time, there is no contractual relationship between the Foundation Board and the City, Councilman Washington may participate and vote on the matter. Acknowledging the accomplishments of many individuals involved with this project, Councilman Comerchero offered the following motion: MOTION: Councilman Comerchero moved to approve staff recommendation. The motion was seconded by Mayor Pro Tern Naggar and voice vote reflected unanimous approval. Echoing Councilman Comerchero's comments, Councilman Washington relayed his delight with the completion of the theater building. Considered out of order COUNCIL BUSINESS (Discussed Consent Calendar Item No. 6 in conjunction with Council Business Item No. 11 11 Donation to Temecula Poo Warner Cheerleading Squad (At the request of Mayor Stone) RECOMMENDATION: 11.1 Consider approval and allocation of up to $1,000 to assist Temecula Pop Warner Cheerleading Squad members in attending the national championship competition. Apprising the City Council of the squad's accomplishments, Ms. Lili-Ann Tuccinardi, 45310 Callesito Buros, relayed her appreciation to the Council for considering the request at this time. Ms. Gina Luizzi, 42602 Remora Street, coach, commented on the commitment and dedication this squad had displayed and advised that the cost estimate for attending the national championship competition would be approximately $900 per cheerleader and that there are 18 cheerleaders. In an effort to address emergency funding requests such as this, Councilman Comerchero suggested that a portion of the Community Service Funding allocation be set aside to address such requests throughout the year. Concurring with Councilman Comerchero's comment, Mayor Pro Tern Naggar recommended allocating $100 per cheerleader for a total of $1,800. MOTION: Mayor Pro Tern Naggar moved to approve the staff recommendation plus an additional $800 for a total of $1,800 ($100 per cheerleader). The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 6 Community Service Funding Program (At the request of Mayor Stone and Mayor Pro Tern Naggar) RECOMMENDATION: 6.1 Approve a Community Service Funding Grant of $1,000 to Music Heritage; 6.2 Approve an appropriation of $1,000 from the General Fund Undesignated Fund Balance. MOTION: Mayor Pro Tern Naggar moved to approve staff recommendation. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. Mayor Pro Tern Naggar commended Ms. Helen Miller on her efforts. At 8:27 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency, the City Council meeting resumed with regular business at 8:41 P.M. At this time, the public hearing was considered. PUBLIC HEARING 10 RECOMMENDATION: 10.1 Approve the amendment of the Temecula Regional Center Specific Plan to establish regulations governing temporary uses in parking lots of the Promenade Mall; 10.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 03-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION PA02-0522, AMENDMENT NO. 2 TO SPECIFIC PLAN NO. 263 (TEMECULA REGIONAL CENTER) AMENDING SECTION III.C.1 TO ESTABLISH REGULATIONS RELATED TO TEMPORARY USES FOR THE LAND AREA ENCOMPASSED BY THE PROMENADE MALL AND SURROUNDING PARKING LOTS INTERIOR OF THE LOOP ROAD LOCATED AT 40820 WINCHESTER ROAD Principal Planner Hazen reviewed the staff report (as per agenda material), highlighting the Planning Commission's recommendation, noting that the requirement of a temporary use permit would not be eliminated; that the purpose of the amendment would be to include uses that would not ordinarily be included in the permit process; and that each event application would be location specific. Considering it is one of the busiest time of the year, Councilman Roberts, echoed by Mayor Pro Tern Naggar, expressed concern with permitting car sales events during the month of December and requested that the existing balloon and banner restrictions placed on the dealerships be imposed on the proposed events. In response to Mayor Pro Tern Naggar, Deputy City Manager Thornhill advised that the proposed request would be a joint effort between the Promenade Mall and the auto dealers; that, although the City may not prohibit an outside auto dealer from requesting participation in the requested events, the intent of the applicant would be to only permit those businesses that currently operate in the City of Temecula. Because of the existing shortage in parking, Mr. Naggar questioned whether the proposed events would further exacerbate the problem. Mr. Naggar as well expressed concern with the lack of parking, resulting in parking on the other side of the ring road and, thereby, creating unsafe pedestrian crossing of the ring road. With Councilman Comerchero expressing concern with the addition of such events during the month of December, Planning Commissioner Telesio advised that the Commission had reduced the number of allowable events from 12 to 6 in order to determine if there were any impact and that if not impacts were determined, the Planning Director would have the ability to extend the number of events but not to exceed 12 events per year. Mr. Phil Oberhansley, 27555 Ynez Road, No. 207, representing Temecula Towne Center Associates, L.P., applicant, relayed support of the staff recommendation; advised that the intent of the request was to grant the Mall more flexibility and greater opportunity to provide benefits to City businesses and residents; stated that all auto sales have been and will continue to be held in conjunction with the Temecula Auto Dealers Association; indicated that the restaurant properties located on the outside of the ring road are not owned by the Mall; noted that no event will be held in December; that an event would be held in January; that the City may not prohibit an outside auto dealer from requesting participation in an event but that the Mall, because it is private property, may choose to deny such participation; and that it would be the Mall's intent to guarantee that only local car dealerships may partake in these events. Reiterating that it would not be the applicant's intent to create a situation that would dissatisfy the Mall customers or its current tenants, Mr. Mike DeBlado, Mall Manager, commented on the need ensure that there is sufficient parking for the shopping customers and reiterated that the out parcels are not owned by the Mall but that the Mall has granted those landlords permission to utilize Mall parking. In response to Mayor Pro Tern Naggar, Mr. DeBlado expressed a willingness to explore the installation of a soft sidewalk to ensure safe pedestrian crossing of the ring road. There being no additional input, the public hearing was closed. City Attorney Thorson further clarified the proposed ordinance, noting that no more than 12 events may be scheduled per calendar year; that each event shall not exceed 14 consecutive days; that no more than two events may be scheduled per month; and that holiday and seasonal events may have a duration of 45 consecutive days. To ensure the effectiveness of the proposed recommendation, it was noted, for Mayor Stone, that the issue could be reviewed in 12 months and if changes were necessary, that the Planning Commission undertake the necessary public hearings. Councilman Comerchero suggested that no same event be scheduled for more than two to four times a year. In response to Councilman Washington, City Attorney Thorson advised that a temporary use permit would be appealable if problems were to arise with the first several events and that staff would be able to adjust the conditions of the temporary N use permit to address such physical problems. At this time, City Attorney Thorson introduced and read by title only Ordinance No. 03- 13. MOTION: Mayor Pro Tern Naggar moved to adopt Ordinance No. 03-13 and to approve the Planning Commission recommendation subject to review in 12 months; that the temporary use permit process be dynamic as to staffs discretion; and that all auto events be held in conjunction with the Temecula Auto Dealers Association. The motion was seconded by Councilman Washington and voice vote reflected unanimous approval. 12 Appointment of an Ad Hoc Council Subcommittee to review the Campus Project (At the request of Mayor Stone) RECOMMENDATION: 12.1 Appoint two members of the City Council to serve on an Ad Hoc Council Subcommittee for the purpose of reviewing the Campus Project. City Manager Nelson reviewed the staff report (as per agenda material). Mayor Pro Tern Naggar as well as Councilman Washington volunteered to serve on this committee. Although the campus project is a Redevelopment project, Councilman Comerchero noted that he would view the potential traffic problems between the City and the City of Murrieta as a result of this project as unique and would, therefore, support the formation of a subcommittee solely to address the particular issue but that the campus project, as a whole, should remain under the review of the existing Redevelopment Subcommittee. Commenting on the importance of addressing the traffic problems with the City of Murrieta, Councilman Washington noted that it would not be his intent to usurp the responsibilities of the existing Redevelopment Subcommittee. Councilman Roberts relayed his support of forming this ad hoc committee in an effort to address the potential traffic problems as a result of this project. MOTION: Councilman Comerchero moved to appoint Mayor Pro Tern Naggar and Councilman Washington to serve on this ad hoc committee for the purpose of addressing potential traffic -related problems as a result of the campus project. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comments. CITY ATTORNEY'S REPORT There was no Closed Session. ADJOURNMENT At 9:30 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Tuesday, December 16, 2003, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] Jeffrey E. Stone, Mayor 10 ITEM 3 RESOLUTION NO. 04- 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 $7,003,669.91. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 131h day of January, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2004/Resos 04- 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. 04- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 131h day of January, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2004/Resos 04- CITY OF TEMECULA LIST OF DEMANDS 12/11/03 TOTAL CHECK RUN: $ 882,829.49 12/18/03 TOTAL CHECK RUN: 2,556,361.60 12/26/03 TOTAL CHECK RUN: 806,479.39 01/02/04 TOTAL CHECK RUN: 2,081,442.59 12/11/03 TOTAL PAYROLL RUN: 26.987.04 12/18/03 TOTAL PAYROLL RUN: 330,630.27 12/31/03 TOTAL PAYROLL RUN: 318,939.53 TOTAL LIST OF DEMANDS FOR 01/13f04 COUNCIL MEETING: $ 7,003,669.91 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 918,622.17 165 RDA DEV-LOW/MOD SET ASIDE 17,965.46 190 COMMUNITY SERVICES DISTRICT 284,218.97 192 TCSD SERVICE LEVEL B 41,453.41 193 TCSD SERVICE LEVEL C 75,704.17 194 TCSD SERVICE LEVEL D 1,691,920.13 195 TCSD SERVICE LEVEL R 1,320.00 210 CAPITAL IMPROVEMENT PROJ. FUND 2,233,356.85 261 CFD 88-12 ADMIN EXPENSE FUND 1,034.50 280 REDEVELOPMENT AGENCY-CIP 587,424.45 300 INSURANCE FUND 305,808.24 310 VEHICLES FUND 49,150.89 320 INFORMATION SYSTEMS 89,062.59 330 SUPPORT SERVICES 12,436.37 340 FACILITIES 17,634.87 $ 6,327,113.07 100 GENERAL FUND $ 471,567.25 165 RDA-LOW/MOD SET ASIDE 11,025.65 190 COMMUNITY SERVICES DISTRICT 118,805.81 192 TCSD SERVICE LEVEL B 166.28 193 TCSD SERVICE LEVEL C 11,137.83 194 TCSD SERVICE LEVEL D 1,326.74 280 REDEVELOPMENT AGENCY-CIP 4,520.02 300 INSURANCE FUND 2,029.42 320 INFORMATION SYSTEMS 39,920.07 330 SUPPORT SERVICES 4.864.30 340 FACILITIES 11,193.47 676,556.84 TOTAL BY FUND: $ 7,003,669.91 PREPARED BY JADA YONKER, ACCOUNTING SPECIALIST I HEREBY CERTIFY THAT THE FOLLOW ING IS TRUE AND CORRECT. GENIE ROBERTS, DIRECTOR OF FINANCE , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAW N NELSON, CITY MANAGER CITY OF TEMECULA LIST OF DEMANDS 12/11/03 TOTAL CHECK RUN: $ 882,829.49 12/18/03 TOTAL CHECK RUN: 2,556,361.60 12/26/03 TOTAL CHECK RUN: 806,479.39 01102iO4 TOTAL CHECK RUN: 2,081,442.59 12/11/03 TOTAL PAYROLL RUN: 26,987.04 12/18/03 TOTAL PAYROLL RUN: 330,630.27 12/31/03 TOTAL PAYROLL RUN: 318,939.53 TOTAL LIST OF DEMANDS FOR 01/13/04 COUNCIL MEETING: $ 7,003,669.91 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 918,622.17 165 RDA DEV-LOW/MOD SET ASIDE 17,965.46 190 COMMUNITY SERVICES DISTRICT 284,218.97 192 TCSD SERVICE LEVEL B 41,453.41 193 TCSD SERVICE LEVEL C 75,704.17 194 TCSD SERVICE LEVEL D 1,691,920.13 195 TCSD SERVICE LEVEL R 1,320.00 210 CAPITAL IMPROVEMENT PROJ. FUND 2,233,356.85 261 CFD 88-12 ADMIN EXPENSE FUND 1,034.50 280 REDEVELOPMENT AGENCY-CIP 587,424.45 300 INSURANCE FUND 305,808.24 310 VEHICLES FUND 49,150.89 320 INFORMATION SYSTEMS 89,062.59 330 SUPPORT SERVICES 12,436.37 340 FACILITIES 17,634.87 $ 6,327,113.07 100 GENERAL FUND $ 471,567.25 165 RDA-LOW/MOD SET ASIDE 11,025.65 190 COMMUNITY SERVICES DISTRICT 118,805.81 192 TCSD SERVICE LEVEL B 166.28 193 TCSD SERVICE LEVEL C 11,137.83 194 TCSD SERVICE LEVEL D 1,326.74 280 REDEVELOPMENT AGENCY-CIP 4,520.02 300 INSURANCE FUND 2,029.42 320 INFORMATION SYSTEMS 39,920.07 330 SUPPORT SERVICES 4,864.30 340 FACILITIES 11,193.47 676,556.84 TOTAL BY FUND: $ 7,003,669.91 PREP BY JADA Y R, AC OUNTING SPECIALIST I , HEREBY CERTIFY THAT THE FOLLOW ING IS TRUE AND CORRECT. E 9 , IR C'ORO FINANCE HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. CITY MANAGER apChkLst Final Check List Page: 13 12/11/2003 11:22:22AM CITY OF TEMECULA 164 checks in this report. Detail 12/11/2003 001 311,214.00 165 7,742.44 190 86,956.79 193 4,469.21 210 125,193.19 261 1,034.50 280 16,865.19 300 304,082.66 320 17,223.97 330 155.10 340 7,892.44 882,829.49 Grand Total All Checks: 882 829.49 Page:13 apChkLst 12/11/2003 11:22:22AM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check If Date Vendor Description Amount Paid Check Total 224 12/10/2003 000444 INSTATAX (EDD) State Income Taxes Payment 750.13 750.13 225 12/10/2003 000283 INSTATAX (IRS) Federal Income Taxes Payment 3,191.48 3,191.48 88479 12/05/2003 002185 POSTMASTER - TEMECULA Bulk Mail Return Svc Annual Fee 475.00 475.00 88480 12/11/2003 000303 2/90 SIGN SYSTEMS Office Nameplates 1,100.64 1,100.64 88481 12/11/2003 006253 A S A P SOFTWARE Pjrt'03 & Pub'03 Software Licenses 7,269.69 7,269.69 88482 12/11/2003 004148 AT&T Nov Long distance svcs: P.D. 140.52 140.52 88483 12/11/2003 004918 A W DIRECT INC Paramedic squad supplies: Fire 92.24 92.24 89484 12/11/2003 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 32.29 32.29 88485 12/11/2003 004064 ADELPHIA 10/31-12/30 Internet svcs 58.89 58.89 88486 12/11/2003 007165 AGUILAR, YVONNE Refund: 2/Cotillion:Youth 40.00 40.00 88487 12/11/2003 006915 ALLIE'S PARTY EQUIPMENT Equip rental: Tree Lighting ceremony 928.45 Equip rental: Halloween carnival 230.43 1,158.88 88488 12/11/2003 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 56.90 56.90 88489 12/11/2003 006463 AMERICAN LANDSCAPE Nov Idscp impr: Sports Prk/Schools 1,035.00 Nov Idscp impr: Slopes 187.76 Oct Idscp impr: Slopes 87.80 1,310.56 88490 12/11/2003 003865 ANDYS GLASS Res Imp Prgm: Vega, Tavo & Chanda 662.49 662.49 88491 12/11/2003 004777 ANYTIME ICE COMPANY, INC Man-made snow for event on 12/13 2,000.00 2,000.00 Page:1 apChkLst 12/11/2003 11:22:22AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check a Date Vendor Description Amount Paid Check Total 88492 12/11/2003 000101 APPLE ONE, INC. Temp help PPE 11/22 Delarm 624.00 Temp help PPE 11/22 Wills 572.00 Temp help PPE 11/29 Delarm 374.40 Temp help PPE 11/22 Lee 312.00 Temp help PPE 11/29 Lee 208.00 Temp help PPE 11/29 Wills 114.40 Temp help PPE 11/29 Lee 104.00 2,308.80 88493 12/11/2003 005590 ARMSTRONG & BROOKS Engineering svcs:Vail Ranch Prk Site 612.00 612.00 88494 12/11/2003 001323 ARROWHEAD WATER INC Bottled wtr sews @ City Hall 361.42 Bottled wtr sews @ Museum 48.66 Bottled wtr sews @ Skate Park 31.12 Bottled wtr sews ® CRC 31.12 472.32 88495 12/11/2003 002648 AUTO CLUB OF SOUTHERN CA Membership: Patrick Ryan 54.00 54.00 88496 12/11/2003 007065 B & H PHOTO VIDEO INC Multimedia projector: Citizen corp 2,585.00 2,585.00 88497 12/11/2003 004855 BABER, GABRIELE TCSD instructor earnings 572.00 TCSD instructor earnings 396.00 TCSD instructor earnings 384.00 TCSD instructor earnings 360.00 1,712.00 88498 12/11/2003 002541 BECKER CONSTRUCTION SRV Citywide A.C. saw cutting for PW 1,630.00 Removal of Silt & Debris from Chann 1,116.34 2,746.34 88499 12/11/2003 004778 BERRYMAN & HENIGAR INC Nov temp inspection help Grance 10.388.28 10,388.28 88500 12/11/2003 006721 BOISE CASCADE OFFICE Misc office supplies: Finance 11.00 11.00 88501 12A 1/2003 004176 BROADW ING Oct -Nov Lg distance & internet svcs 2,968.39 2,968.39 88502 12/11/2003 005103 BUCKLEY, TIM Reimb:Comdex Convention: 11/16-20 488.33 488.33 88503 12/11/2003 002099 BUTTERFIELD ENTERPRISES Dec Old Town restroom lease pmt 826.00 826.00 88504 12/11/2003 004621 C-18 INC Citywide street striping PW01-12 28,274.78 28,274.78 88505 12/11/2003 003138 CAL MAT PW patch truck materials 910.79 910.79 88506 12/11/2003 000128 CAL SURANCE ASSOCIATES I Muni Liab insurance renewal 214,500.00 Excess Liab Insurance renewal 65,484.38 279,984.38 Page2 apChkLst 12/11/2003 11:22:22AM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88507 12/11/2003 001054 CALIF BUILDING OFFICIALS Publications: Access Regulations 563.11 563.11 88508 12/11/2003 001159 CALIF DEPT OF JUSTICE Aug Fingerprinting Svcs:Police 1,592.00 1,592.00 88509 12/11/2003 003577 CALIF STATE BOARD OF Annexation fees: LAFCO# 2002-26-3 3,500.00 3,500.00 88510 12/11/2003 005384 CALIFORNIA BAGEL BAKERY & Mid Management breakfast mtg 358.26 Refreshments: Council closed session 187.48 545.74 88511 12/11/2003 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 27.50 27.50 88512 12M 1/2003 006075 CAMPBELL, KENTON SCOTT TCSD instructor earnings 366.80 366.80 88513 12/11/2003 007147 CARDINAL AIR SERVICES INC Santa helicopter drop off svcs 400.00 400.00 88514 12/11/2003 000131 CARL WARREN & COMPANY I Claim adjuster services ' 163.65 163.65 88515 12/11/2003 005708 CLEAR CHANNEL BROADCASTI Broadcasting: Old Town Halloween 660.00 660.00 88516 12/11/2003 001193 COMP U S A INC Misc. Computer Supplies: IS 268.59 Misc. Computer Supplies: IS 46.46 315.05 88517 12/11/2003 002147 COMPLIMENTS COMPLAINTS & Entertainment: Old Twn Event 1217 150.00 Entertainment: Old Twn Event 1216 125.00 275.00 88518 12/11/2003 000442 COMPUTER ALERT SYSTEMS Alarm Sys Monitoring: C. Museum 1,659.00 Alarm System repairs: TV Museum 75.72 1,734.72 88519 12/11/2003 007164 CONKLIN, SHELLY Refund: C.C. Security Deposit 100.00 100.00 88520 12/11/2003 007153 CONSTANTINE, JOHN Ldscp Reimb:Soundwall Impry 285.00 285.00 88521 12/11/2003 007156 COURTS, JEFFORY Ldscp Reimb:Soundwall Impry 420.00 420.00 88522 12/11/2003 006954 CRAFTSMEN PLUMBING & HVA Plumbing repairs @ 6th St Restrooms 143.22 Plumbing repairs @ Winchester Prk 65.00 208.22 88523 12/11/2003 007166 DANISH, SHO Refund: Security Deposit 100.00 100.00 88524 12/11/2003 001393 DATA TICKET INC Oct Parking citation processing 428.12 428.12 Paget apChkLst Final Check List Page: 4 12/11/2003 11:22:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 88525 12/11/2003 001029 DATAOUICK INC 88526 12/11/2003 007158 DEL SOL INVESTMENTS (Continued) Description Amount Paid May 03 county parcel infor update 1,236.38 Refund:Voided Permit 32240 Hwy 79 88527 12/11/2003 006150 DIALOGIC COMMUNICATIONS Training for EOC Communicator Training for the Reverse 911 sys 88528 12/11/2003 007161 DIAMOND CENTRAL INVESTOR Refund:Permit overpmt Map 19353 88529 12/11/2003 003945 DIAMOND ENVIRONMENTAL Portable restroom rental: Elec. Parade 88530 12/11/2003 000684 DIEHL EVANS & COMPANY LLP 02/03 audit svcs: RDA 88531 12/11/2003 002701 DIVERSIFIED RISK Nov special events premiums 88532 12/11/2003 007167 DORRIS, LAURA Refund: Tennis -Beg Adult 88533 12/11/2003 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: PW 61353 Fuel for city vehicles: TCSD 61343 Fuel for city vehicles: PW 61345 Fuel for city vehicles: Planning 61347 Fuel for city vehicles: B&S 61348 Fuel for city vehicles: PW 61351 Fuel for city vehicles: Planning 61384 Fuel for city vehicles: PW 61953 Fuel for city vehicles: Check-out 6186 88534 12/11/2003 001380 E S 1 EMPLOYMENT SERVICES Temp help PPE 11/28 Hear Temp help PPE 11/28 Rush Temp help PPE 11/28 Cammarota Temp help PPE 11/28 Jones Temp help PPE 11/28 Kanigowski Temp help PPE 11/28 Montecino Temp help PPE 11/28 Novotny Temp help PPE 11/28 Seng Temp help PPE 11/28 Lontok 88535 12/11/2003 000395 ECONOMIC DEVELOPMENT CO 03/04 Economic Devel Funding 88536 12/11/2003 003223 EDAW INC Nov Bio Monitoring: Lg Cnyn Basin Nov Bio Srvcs: Pala Rd Bridge Nov Environmental study: R.C. Bridge 599.34 1,500.00 1,500.00 250.00 686.63 500.00 871.93 45.00 692.10 545.74 366.97 328.91 242.10 170.08 48.98 45.04 41.99 2,950.62 1,975.79 1,629.61 1,537.63 1,478.40 1,268.00 1,242.67 1,124.70 600.00 22,500.00 2,426.57 645.61 338.75 Check Total 1,236.38 599.34 3,000.00 250.00 686.63 500.00 871.93 45.00 2,481.91 13,807.42 22,500.00 3,410.93 Page:4 apChkLst 12/11/2003 11:22:22AM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88537 12/11/2003 003171 EMPIRE ECONOMICS LLC Consulting Srvcs:Harveston II CFD 3,250.00 3,250.00 88538 12/11/2003 002438 ENGEN CORPORATION Oct Geotech svcs: John Warner Rd 712.50 712.50 88539 12/11/2003 002060 EUROPEAN DELI & CATERING Refreshments:Tree Lighting Ceremon 977.93 977.83 88540 12/11/2003 002037 EXPANETS AMP cable sys for TCSD office spaces 619.52 619.52 88541 12/11/2003 000478 FAST SIGNS Holiday Parade posters 169.71 Museum exhibit signs 118.53 288.24 88542 12/11/2003 000165 FEDERAL EXPRESS INC Express mail services 158.96 Express mail services 31.92 190.88 88543 12/11/2003 005952 FILIPINO CATHOLIC Refund: Security Deposit 100.00 100.00 88544 12/11/2003 000166 FIRST AMERICAN TITLE Lot Book Rept: Esparza 150.00 150.00 Pages apChkLst Final Check List Page: 6 12/11/2003 11:22:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 88545 12/11/2003 003347 FIRST BANKCARD CENTER BAILY WINE COUNTRY CAFE HP Rfrshmnts:Sister Cities event:9/1 2,000.00 COSTCO WHOLESALE GY Canopies for Public Safety Expo 727.28 HYATT RR Hotel: Library Bond Mtg 607.70 THORNTON WINERY INC GY Eco Devel 11/18 Event 459.31 AMERICAN AIRLINES JC Aidare: departure 10/30 341.00 MARRIOTT HOTEL RR Hotel:Assoc of Gov't Mtg 243.46 EL NION RESTAURANT JS Dinner Theater Event 239.09 AMERICAN AIRLINES RR Airfare: departure 11/09/03 235.00 SOUTHWEST AIRLINES JC Airfare: departure 11/16 210.50 TEMECULA CREEK INN INC RR Entertainment: Sister City 210.02 HOLIDAY INN JC Hotel: Sacramento 173.00 HYATT GY Dinner:Library Lobbying 155.34 THORNTON WINERY INC GY Ontario Airport Fam Tour Event 150.00 MACARONI GRILL GY Charitable Gift Campaign mtg 119.04 CALLAWAY VINEYARD & WINE GY Mtg w/Orange Co Bureau 108.00 C S M F O GY Revenue Mgr Advertising 88.00 STADIUM PIZZA GY Refreshment:Susan Komen Race 87.30 CALLAWAY VINEYARD & WINE GY Dept:Mtg w/Orange Co. Bureau 72.00 ONTARIO AIRPORT RR Ovemight Prkg:Library Bond Mtg 60.00 NATIONAL RECREATION/PARK HP Book:Mgmt of Pik & Rec Agencies 57.45 BLACK ANGUS GY Business Lunch Mtg 43.00 MARIE CALENDARS HP Refreshments: Business Mtg 40.74 ONTARIO AIRPORT GY Overnight Prkg:Library Lobbying 21.00 ONTARIO AIRPORT JC Overnight Prkg 12.00 6,460.23 88546 12/11/2003 001135 FIRST CARE INDUSTRIAL MED Employee physicals and drug testing 245.00 245.00 88547 12/11/2003 000170 FRANKLIN QUEST COMPANY I Day timer supplies - Bldg & Safety 46.28 Day timer supplies - Eco Devel 32.48 78.76 88548 12/11/2003 007155 FRIEDMAN, JONATHAN Ldscp Reimb:Soundwall Impry 430.00 430.00 PageB apChkLst 12/11/2003 11:22:22AM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88549 12/11/2003 004944 FULLCOURT PRESS Printing: Business License Application 989.76 989.76 88550 12/11/2003 004146 GILLILAND, ROBIN Holiday Lights winner prizes 575.00 575.00 88551 12/11/2003 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Bldg & Safety 669.58 Office Supplies: City Clerk 499.55 Office supplies: PW & Eng 289.15 Office Supplies: RDA 217.20 Office Supplies: Finance 179.21 Office Supplies: Central Svcs 145.45 Office Supplies: City Mgr 102.67 Office supplies: Human Resources 53.97 Office Supplies: Info Sys 49.27 2,206.05 88552 12/11/2003 004890 GOLDEN STATE FIRE Fire protection Sys inspections 2,280.00 2,280.00 88553 12/11/2003 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire 8.53 8.53 88554 12/11/2003 007154 GOMEZ, VICTOR Ldscp Reimb:Soundwall Impry 960.00 960.00 88555 12/11/2003 002659 GOVERNING Subscription postage: 959869017 16.00 16.00 88556 12/11/2003 004053 HABITAT W EST INC Nov Lg Cnyn Basin Maint 504.16 504.16 88557 12/11/2003 007160 HANKENS, SHANE Refund:Pennit 31813 Hwy 79 S. 235.47 235.47 88558 12/11/2003 000186 HANKS HARDWARE INC Hardware supplies: PW 279.74 Hardware supplies: Fire 196.73 Hardware supplies: Police Dept 160.17 Hardware supplies: PW 130.09 766.73 88559 12/11/2003 002372 HARMON, JUDY TCSD instructor earnings 126.40 126.40 88560 12/11/2003 007152 HICKLING, DANELLE Ldscp Reimb:Soundwall Impry 180.00 180.00 88561 12/11/2003 003198 HOME DEPOT, THE Res impr prgm: Draper, Robert & Rafa 1,960.85 1,960.85 88562 12/11/2003 006052 HORTON, MIKE Reimb: Holiday Parade supplies 105.43 105.43 88563 12/11/2003 007162 HUMMEL, SEAN Refund:Grading Depst 29738 Valle Ve 995.00 995.00 Page:7 apChkLst 12/11/2003 11:22:22AM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88564 12/11/2003 004833 IMPERIAL PAVING COMPANY I Removal of speed bumps & legends 20,674.00 20,674.00 88565 12/11/2003 004824 INFOPLACE USA Spark of Love teen gift cards 2,000.00 2,000.00 88566 12/11/2003 005956 INSTITUTE OF Membership: Jerry Gonzalez 209.00 209.00 88567 12/11/2003 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 165.29 165.29 88568 12/11/2003 003266 IRON MOUNTAIN OFFSITE Records mgmt microfilm storage unit 391.25 391.25 88569 12/11/2003 004795 J B E S Watchkeeper Prgm phone:Pala Prk 360.00 360.00 88570 12J11/2003 004119 J T B SUPPLY COMPANY INC Traffic signal controller repair svcs 425.61 425.61 88571 12/11/2003 003046 K F R O G 95.1 FM RADIO Broadcasting: Old Town Dickens 640.00 640.00 88572 12/11/2003 000205 KIDS PARTIES ETC Entertainment: Winter Wndrind event 435.00 435.00 88573 12/11/2003 006302 KIDZ LOVE SOCCER, INC TCSD instructor earnings 5,313.00 5,313.00 88574 12/11/2003 000206 KINKOS INC Stationery paper supplies: Central Svc 9.65 9.65 88575 12/11/2003 005904 LASHER AUTO CENTER Sales Tax for invoice 9161 & 9162 560.56 560.56 88576 12/11/2003 000586 LEXISNEXIS MATTHEW BENDE Supplement Swc for City Ordinances 1,785.07 1,785.07 88577 12/11/2003 003726 LIFE ASSIST INC Paramedic squad supplies: Fire 393.68 393.68 88578 12/11/2003 007157 LINSDAU, AARON Ldscp Reimb:Soundwall Impry 160.00 160.00 88579 12/11/2003 002634 LITELINES INC Voltage stabilizers: Old Twn Front St. 294.38 294.38 88580 12/11/2003 007172 LOTZ, BETTY Refund: Prkg Cite 40478 325.00 325.00 88581 12/11/2003 006965 LOUCADO, DAVE Refund: Security Deposit 100.00 100.00 Pages apChkLst Final Check List Page: 9 12/11/2003 11:22:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 88582 12/11/2003 007163 LYN LO II PROPERTIES (Continued) Description Amount Paid Refund:Grading Depst 42655 Rio Ned 995.00 Check Total 995.00 88583 12/11/2003 006301 MALTON CONSTRUCTION Final Billing:Citywide Concrete Repair 14,373.40 Credit:Withholding Retention -4,273.15 10,100.25 88584 12/11/2003 006461 MARIPOSA HORTICULTURAL Nov Ldscp Maint: Parks 23,090.89 Nov Ldscp Maint: Parks 21,935.89 45,026.78 88585 12/11/2003 002693 MATROS, ANDREA TCSD Instructor Earnings 240.00 240.00 88586 12/11/2003 000220 MAURICE PRINTERS INC Printing:Otrly'Inside Tem. Nwltrs' 6,240.88 6,240.88 88587 12/11/2003 006925 MAY TOOL INC Small Equip Repairs:PW Maint 330.00 330.00 88588 12/11/2003 006571 MELODY'S AD WORKS Dickens Holiday Promotions 3.000.00 Reimb. Expenses:Dickens Holiday 438.79 3,438.79 88589 12/11/2003 005887 MOFFATT & NICHOL ENGINEER Oct Eng Svcs:F.V.Pkwy/1-15 20,480.34 20,480.34 88590 12/11/2003 006146 MT SAN JACINTO COMMUNITY 'Outlook' Training:Admin Staff 1,500.00 1,500.00 88591 12/11/2003 007174 NIXON, MARY Ldscp Reimb:Soundwall Impry 940.00 940.00 88592 12/11/2003 002139 NORTH COUNTY TIMES- ATTN: Nov Public Ntcs:City Clerk 1,479.06 Nov Recruitment Ads for H.R. Dept 504.45 1,983.51 88593 12/11/2003 002292 OASIS VENDING Dec Kitchen/Coffee Supplies:C.H. 446.60 Dec Kitchen/Coffee Supplies:W.W. 178.62 Credit:Billing Error -93.41 531.81 88594 12/11/2003 002105 OLD TOWN TIRE & SERVICE City vehicle mainUrepair svcs 277.99 City vehicle mainUrepair svcs 269.07 City vehicle mainUrepair svcs 207.90 City vehicle mainUrepair svos 119.30 City vehicle mainUrepair svos 82.32 City vehicle mainUrepair svcs 67.00 City vehicle mainUrepair svos 66.60 City vehicle mainUrepair svcs 48.23 City vehicle mainUrepair svcs 19.19 1,157.60 88595 12/11/2003 006601 OLEKSOW, JOHN Final Pmt:Citizen Corps Annex 4,922-58 50 % PmtCitizen Corps Annex 4,922.58 9,845.16 88596 12/11/2003 002668 OMEGA LAKE SERVICES Nov Duck Pond Water Maint. Svcs 635.00 635.00 Page9 apChkLst 12111/2003 11:22:22AM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Check A Date Vendor Description Amount Paid Check Total 88597 12/11/2003 001171 ORIENTAL TRADING COMPANY CRC Recreation Supplies 33.75 33.75 88598 12/11/2003 002652 PAT & OSCARS RESTAURANT Retreshments:Gift Giving Campaign 50.00 50.00 88599 12/11/2003 000249 PETTY CASH Petty Cash Reimbursement 509.22 509.22 88600 12/11/2003 007173 PHILLIPS, CHRISTOPHER Ldscp Reimb.:Soundwall Impry 980.00 980.00 88601 12/11/2003 000580 PHOTO WORKS OF TEMECULA Photo Developing:CIP Div 68.37 68.37 88602 12/11/2003 006480 PIERRE SPRINKLER & Ldscp Imprv:Old Town 1,260.00 Ldscp Imprv:R.C. Rd Medians 200.00 Ldscp Imprv:Vail Ranch 60.00 1,520.00 88603 12/11/2003 002185 POSTMASTER - TEMECULA Postage:Business License Renewals 2,580.16 2,580.16 88604 12/11/2003 003493 PRO -CRAFT OVERHEAD DOOR Res Imp Prgm: Vega, Tavo & Chanda 735.00 735.00 88605 12/11/2003 004494 RAMONA TIRE INC Fire Prev vehicle tires 780.29 780.29 88606 12/11/2003 000262 RANCHO CALIF WATER DIST Various Water Meters 10,661.56 Various water meters 710.38 Various water meters 291.47 Various water meters 72.89 11,736.30 88607 12/11/2003 000947 RANCHO REPROGRAPHICS Dup. Blueprints:Pechanga Pkwy 136.50 Dup. Blueprints: F.V.Pkwy/1-15 6.47 142.97 88608 12/11/2003 007170 RANCHO WEST LANDSCAPE, I Refund:Dupl Permit:33205 Vermont 105.00 105.00 88609 12/11/2003 002907 REINHART FONTES Ph 2 Old Town APN Appraisals 8,500.00 8,500.00 88610 12/11/2003 002412 RICHARDS WATSON & Oct 2003 legal services 139,160.50 139,160.50 88611 12/11/2003 000266 RIGHTWAY equipment rental - Riverton Park 59.79 equipment rental - Veteran's Park 59.79 119.58 88612 12/11/2003 007175 RIVARD, J. Ldscp Reimb:Soundwall Impry 1,080.00 1,080.00 88613 12/11/2003 000353 RIVERSIDE CO AUDITOR Sept parking citation assessments 1,693.50 1,693.50 Page:10 apChkLst 12/11/2003 11:22:22AM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 88614 12/11/2003 001365 RIVERSIDE COUNTY OF Jul -Sept Vector Control Svcs 2,002.73 2,002.73 88615 12/11/2003 003310 RIVERSIDE LOCAL AGENCY Ntc Hearing Filing Fee:RedHawk 2,379.40 2,379.40 88616 12/11/2003 007136 RIVERSIDE RUBBER STAMP Rubber Stamp for Police Dept. 6.73 6.73 88617 12/11/2003 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 28.00 28.00 88618 12/11/2003 001942 S C SIGNS Posting Public Ntc Signs:City Clerk 1,235.00 Posting Public Ntc Signs:City Clerk 195.00 1,430.00 88619 12/11/2003 004562 SCHIRMER ENGINEERING COR Oct Fire Prev Plan Check Svcs 3,232.40 3,232.40 88620 12/11/2003 000537 SO CALIF EDISON Dec 2-22-417-8772 Rancho Vista 2,432.48 Nov 2-02-502-8077 West Wing 1,508.62 Dec 2-10-331-2153 TCC 634.42 Dec 2-19-683-3255 Front St Ped 513.29 Nov 2-19-683-3263 Front St Ped 329.33 Dec 2-20-798-3248 C.Museum 121.75 Nov 2-19-538-2262 Various Mtrs 67.40 Dec 2-23-548-1975 Various Mirs 28.73 Dec 2-23-051-9399 Marg. Ped. 15.79 5,651.81 88621 12/11/2003 000519 SOUTH COUNTY PEST Pest Control Svcs:MPSC 235.00 235.00 88622 12/11/2003 004496 SPARKS EXHIBITS & Children's museum prgs pmt 90,326.00 90,326.00 88623 12/11/2003 000293 STADIUM PIZZA Refreshments:Gift Giving Campaign 264.62 264.62 88624 12/11/2003 004570 STEPHEN G WHITE, MAI Appraisal Svcs:W.C. CFD 03-03 22,000.00 Appraisal Svcs:W.C. CFD 03-03 8,970.00 Credit:Amount Exceeds Agreement -8,970.00 22,000.00 88625 12/11/2003 007159 STEVE JULIUS CONSTRUCTIO Refund:Permit B03-2731 89.40 89.40 88626 12/11/2003 007168 TAYLOR, SHELBY Refund:Sec. Deposit:11/23/03 100.00 100.00 88627 12/11/2003 005633 TEMECULA MIDDLE SCHOOL Entertainment:Dickens Hol.:12113/03 150.00 150.00 88628 12/11/2003 000311 TEMECULA VALLEY HIGH SCH Entertainment:Dickens Hol.:12/13/03 150.00 150.00 Page:11 apChkLst 12/11/2003 11:22:22AM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 88629 12/11/2003 005812 THOREAU INSTITUTE, THE "Vanishing Automobile" CD 15.95 15.95 88630 12/11/2003 005964 TIM SKOPHAMMER GOLF TCSD Instructor Earnings 204.00 204.00 88631 12/11/2003 002702 U S POSTAL SERVICE Postage Meter Deposit 3,678.13 3,678.13 88632 12/11/2003 004981 UNISOURCE SCREENING & New EE Background Screening Svcs 263.00 263.00 88633 12/11/2003 003497 VAIL RANCH MIDDLE SCHOOL Entertainment:Dickens Hol.:12113/03 150.00 150.00 88634 12/11/2003 004794 VALLEY WINDS COMMUNITY B Entertainment:Dickens Hol.:12/13/03 150.00 150.00 88635 12/11/2003 004261 VERIZON CALIFORNIA Nov xxx-5029 general usage 684.13 Nov xxx-1408 P.D. Satellite Stn 338.14 Nov xxx-5509 general usage 147.10 Nov xxx-1540 Old Town Parking 90.48 Nov xxx-0049 general usage 32.44 Nov xxx-5840 general usage 31.83 Nov xxx-5780 general usage 31.83 Nov xxx-2629 Naggar 30.60 Nov xxx-2730 Elevator 29.64 Nov xxx-2670 911 Auto Dialer 29.50 1,445.69 88636 12/11/2003 004279 VERIZON CALIFORNIA INC. Nov Access -CRC Phone Line 349.44 Nov Access-Rvsd Co Phone Line 273.00 622.44 88637 12/11/2003 004789 VERIZON INTERNET SOLUTION Internet svcs:xx1544 69.95 69.95 88638 12/11/2003 007169 VSD VENTURES, INC. Refund:Sec.Deposit:l 1/19/03 100.00 100.00 88639 12/11/2003 007176 WOLLENBERG, ROBERT Ldscp Reimb:Soundwall Impry 1,290.00 1,290.00 88640 12/11/2003 000348 ZIGLER, GAIL Reimb:City Tree Lighting Ceremony 144.08 144.08 Sub total for UNION BANK OF CALIFORNIA: 882,829.49 Page:12 apChkLst Final Check List Page: 12 12/18/2003 11:13:15AM CITY OF TEMECULA 176 checks in this report. Detail 12/1 a/2003 001 294,767.39 165 6,648.14 190 116,383.02 192 41,378.15 193 42,022.01 194 622.73 195 1,320.00 210 1,953,396.74 280 21,622.32 300 571.44 310 49,150.89 320 17,160.98 330 4,663.41 340 6,654.38 2,556,361.60 Grand Total All Checks: 2,556,361.60 Page:12 apChkLst 12/18/2003 11:13:15AM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 226 12/18/2003 000246 PERS (EMPLOYEES' RETI REME PERS ER Paid Member Contr Pmt 58,351.07 58,351.07 227 12/18/2003 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 18,429.84 18,429.84 228 12/18/2003 000283 INSTATAX (IRS) Federal Income Taxes Payment 60,178.72 60,178.72 229 12/18/2003 000444 INSTATAX (EDD) State Disability Ins Payment 15,467.25 15,467.25 230 12/18/2003 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,157.40 2,157.40 231 12/12/2003 000166 FIRST AMERICAN TITLE Propery purchase 922-034-032,033,03 10,000.00 10,000.00 232 12/16/2003 003562 FIRST AMERICAN TITLE INS. C Property purchase: Parcel # 910-262- 1,590,786.23 1,590,786.23 88641 12/18/2003 005277 2 H CONSTRUCTION INC Oct prgs pmt: C. Museum Prjt 13,221.18 Credit: CO#5 not approved -667.80 12,553.38 88642 12/18/2003 007186 AB MAILING SOLUTIONS Postage for business license 217.68 217.68 88643 12/18/2003 004973 ABACHERLI, LINDI TCSD instructor earnings 330.00 330.00 88644 12/18/2003 003679 AEI CASC ENGINEERING Design of Jefferson Ave Rehab 14,012.00 14,012.00 88645 12/18/2003 005735 AEROSURF INC Wireless internet svcs:RR/SP/JS 249.75 249.75 88646 12/18/2003 006463 AMERICAN LANDSCAPE Nov Ldscp Mntc:Sports Park 25,645.82 Nov Ldscp Svcs:North Slope 15,533.00 Nov Idscp impr: Sports Park 2,541.00 43,719.82 88647 12/18/2003 004022 AMERICAN MINI STORAGE, TE Jan lease for B109 storage unit 153.00 Jan lease for F105 storage unit 144.00 297.00 88648 12/18/2003 004855 BABER, GABRIELE TCSD instructor earnings 288.00 TCSD instructor earnings 264.00 552.00 88649 12/18/2003 003984 BENOIT, VINCENT H."""" Old Town Santa 11/22-12121 850.00 Deduction: 16-28-86 -318.75 531.25 88650 12/18/2003 000154 C S M F O Asst Finance Director ad 128.00 128.00 Page:1 apChkLst 12/18/2003 11:13:15AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88651 12/18/2003 005321 CA ASSOC OF CODE ENFORCE Membership: Marianne Parker 40.00 40.00 88652 12/18/2003 007185 CA STATE UNIVERSITY SAN M Disney Way Sem:1/29:BG/DL 448.00 448.00 88653 12/18/2003 004248 CALIF DEPT OF JUSTICE/ACCT DUI Drug & Alcohol Screening 2,310.00 DUI Drug & Alcohol Screening 105.00 DUI Drug & Alcohol Screening 35.00 2,450.00 88654 12/18/2003 004228 CAMERON WELDING SUPPLY Helium tanks refill:TCSD 41.93 41.93 88655 12/18/2003 005714 CAMP DEL CORAZON 03/04 Comm. Service Funding 4,000.00 4,000.00 88656 12/18/2003 002534 CATERERS CAFE Food for breakfast w/Santa Event 1,625.00 1,625.00 88657 12/18/2003 000137 CHEVRON U S A INC Fuel expense for city vehicles 545.89 545.89 88656 12/18/2003 002058 CHRISTIAN YOUTH THEATER 03104 Comm. Service Funding 2,000.00 2,000.00 88659 12/18/2003 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 173.50 173.50 88660 12/18/2003 006553 COMMUNITY NATIONAL BANK release to escrow acct:05802220 30,188.15 30,188.15 88661 12/18/2003 001193 COMP U S A INC Misc. Computer Supplies: IS 330.10 Misc. Computer Supplies: IS 150.83 480.93 88662 12/18/2003 002147 COMPLIMENTS COMPLAINTS & Santa Suit: Holiday Events 511.80 511.80 88663 12/18/2003 000442 COMPUTER ALERT SYSTEMS install bell at TV Museum 65.00 65.00 88664 12/18/2003 004408 CUB SCOUT PACK #148 03104 Comm. Service Funding 1,500.00 1,500.00 88665 12/18/2003 004408 CUB SCOUT PACK #148 Refund: Security Depst CRC 100.00 100.00 88666 12/18/2003 001393 DATA TICKET INC Oct Parking citation processing 140.00 140.00 88667 12/18/2003 005774 DEANS WHOLESALE FLOWER flowers for Winter Wnddand event 168.75 168.75 88668 12/18/2003 004888 DESERT PUBLICATIONS INC Ontario Visitor Guide Dec ad space 2,500.00 2,500.00 Page2 apChkLst 12/18/2003 11:13:15AM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88669 12/18/2003 003945 DIAMOND ENVIRONMENTAL Clean-up Day Portable restroom 80.78 80.78 88670 12/18/2003 004294 DIVERSIFIED LANDSCAPE CO. Mntc agmint: Pala Rd Bridge 2,700.00 2,700.00 88671 12/18/2003 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: City Van 61349 60.59 60.59 88672 12/18/2003 005052 EMCOR SERVICE H.V.A.C. repair @ TV Museum 148.66 148.66 88673 12/18/2003 003665 EMERITUS COMMUNICATIONS Nov long distance phone 65.13 65.13 88674 12/18/2003 003171 EMPIRE ECONOMICS LLC Butterfield CFD: price point study 6,600.00 6,600.00 88675 12/18/2003 005251 EQUIPMENT REPAIR SERVICE Mobile Equip Repair Svcs:PW 1,667.56 PW large vehicle repairs 900.38 Mobile Equip Repair Svcs:PW 90.00 2,657.94 88676 12/18/2003 000164 ESGIL CORPORATION Nov plan ck svcs: Bldg & Safety 11,308.52 11,308.52 88677 12/18/2003 006487 EUROPEAN CAFE & VINEYARD Refreshments: EE Luncheon 2,790.73 2,790.73 88678 12/18/2003 001701 EXCEL RENTAL CENTER 2 Generators: Elect Light Parade 290.22 290.22 88679 12/18/2003 004464 EXXONMOBIL CARD SERVICES Fuel expense for City vehicles 281.10 281.10 88680 12/18/2003 000478 FAST SIGNS Lettering for new city vehicle 34.80 Winter Wndrland banners date chg 26.94 61.74 88681 12/18/2003 003946 G T ENTERTAINMENT Holiday Celebrations announcer 250.00 Tree Lighting announcer svcs 50.00 300.00 88682 12/18/2003 002819 GARW IN & CHAN ASSOCIATES 300 DVD-R Printable Media disk 531.42 531.42 88683 12/18/2003 006732 GIBSON, KATHLEEN Refund:Sec. Deposit:12109/03 100.00 100.00 88684 12/18/2003 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire Dept 543.77 Office Supplies: Fire 201.92 745.69 88685 12/18/2003 000175 GOVERNMENT FINANCE OFFI CAFR Award Prgm Appl. Fee 480.00 480.00 88686 12/1 a/2003 007143 HALF STANCE PRODUCTIONS High Hopes T-Shirts 457.06 457.06 Page3 apChkLst 12111112003 11:13:15AM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 88687 12/18/2003 000194 1 C M A RETIREMENT TRUST 45 1 C M A Retirement Payment 5,837.05 5,837.05 88688 12/18/2003 004833 IMPERIAL PAVING COMPANY I Calls Pina Colada asphalt repairs 5,098.00 5,098.00 88689 12/18/2003 006421 IN THE LOOP GOLF Marketing Pgrm:Calif Golf website 2,500.00 2,500.00 88690 12/18/2003 001351 INLAND EMPIRE ECONOMIC PA Film Commission Membership 3,000.00 3,000.00 88691 12/19/2003 001517 INTEGRATED INSIGHTS DBA: H Dec EE assistance prgm 682.29 682.29 88692 12/18/2003 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 127.15 127.15 88693 12/18/2003 001186 IRWIN, JOHN TCSD instructor earnings 60.00 60.00 88694 12/18/2003 004603 JOHNSON POWER SYSTEMS CRC Emerg generator repairs 1,320.69 1,320.69 88695 12/18/2003 004481 KIMLEY HORN & ASSOCIATES I Oct Design Svcs: Trail Project 4,563.00 4,563.00 88696 12/18/2003 001405 KIWANIS CLUB OF RANCHO - 03/04 Comm. Service Funding 2,000.00 2,000.00 88697 12/18/2003 001282 KNORR SYSTEMS INC Pool sanitizing chemicals 267.95 267.95 88698 12/18/2003 007182 LAGRAMADA, HENRY Refund: Security Depst CRC 100.00 100.00 88699 12/18/2003 006744 LAMAR CORPORATION, THE Dec billboard lease -Old Town 2,500.00 2,500.00 88700 12/18/2003 002863 LAWSON PRODUCTS INC Supplies for catch basin repairs 95.57 95.57 88701 12/18/2003 000586 LEXISNEXIS MATTHEW BENDE Website Annual Storage svcs 495.00 495.00 88702 12/18/2003 003286 LIBRARY SYSTEMS & SERVICE Nov svcs-library system agrmt 9,508.24 Nov svcs-library system agrmt 1,090.08 10,598.32 88703 12/18/2003 003726 LIFE ASSIST INC Paramedic squad supplies: Fire 3,649.72 3,649.72 88704 12/18/2003 005693 MAD MADELINES GRILL Fac Impry Prgm Reimbursement 6,474.70 6,474.70 Page:4 apChkLst 12/18/2003 11:13:15AM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88705 12/1 a/2003 004141 MAINTEX INC City Hall Custodial Supplies 11.48 11.48 88706 1211 a/2003 001967 MANPOWER TEMPORARY SER Temp Help We 11/23 Dankworth 658.40 Temp Help w/o 11/30 Dankworth 395.04 1,053.44 88707 12/18/2003 002664 MAR CO INDUSTRIES INC TCSD Prev. Equip. Maint. Svcs 125.00 125.00 88708 12/1 a/2003 001384 MINUTEMAN PRESS Envelopes:Senior Center 627.04 Business Cards:C.Washington 114.86 741.90 88709 12/18/2003 001868 MIYAMOTOJURKOSKY, SUSAN TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 336.00 672.00 88710 12/18/2003 007180 MOMS CLUB TEMECULA VINE Refund:Sec.Deposit:12/03/03 100.00 100.00 88711 12/18/2003 000883 MONTELEONE EXCAVATING Service Level "R" Grading Svcs 1,320.00 1,320.00 88712 12/18/2003 004586 MOORE FENCE COMPANY Res Imp Prgm: Vargas, Val & Rosalie 711.00 711.00 88713 12/1 a/2003 002727 MUNICIPAL MGMT ASSOCIATIO 2004 Membership Dues:Yates 50.00 2004 Membership Dues:Adams 50.00 100.00 88714 12/18/2003 000727 NATIONAL FIRE PROTECTION Membership Dues:McBride 135.00 135.00 88715 12/18/2003 004898 NEIGHBORHOOD HEALTHCAR Community Svc Funding Award 5,000.00 5,000.00 88716 1211 a/2003 004191 NORTH COUNTY TIMES-PMT P 12/21-06/20/04 subscr:Finance 61.00 61.00 88717 12/1 a/2003 006592 O'DONNELL SCHOOL OF MUSI TCSD Instructor Earnings 120.00 120.00 88718 12/18/2003 002100 OBJECT RADIANCE INC TCSD Instructor Earnings 1,022.40 TCSD Instructor Earnings 230.40 1,252.80 88719 12/18/2003 003964 OFFICE DEPOT BUSINESS SVS Magazine Rack for TCC 160.07 160.07 Pages apChkLst 12/18/2003 11:13:15AM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88720 12/18/2003 002105 OLD TOWN TIRE & SERVICE City vehicle mainVrepair svcs 370.31 City vehicle mainVrepair svcs 261.48 City vehicle mainVrepair svcs 74.02 City vehicle mainVrepair svcs 62.99 City vehicle mainVrepair svcs 60.81 City vehicle mainVrepair svcs 55.00 City vehicle mainVrepair svcs 55.00 City vehicle mainVrepair svcs 19.19 Credit:Billing Error:Ref# 25735 -3.00 Credit:Billing Error:Ref# 25763 -5.31 950.49 88721 12/18/2003 005819 ORANGE CO DA FAMILY SUPP Support Pmt:16-28-86 318.75 318.75 88722 12/18/2003 006939 PAINT CONNECTION, THE Res Impry Prgm:Vargas, Val 1,600.00 1,600.00 88723 12/18/2003 005850 PAISNER, WILLIAM Refund:Sec.Deposit:12/07/03 100.00 100.00 88724 12/18/2003 004074 PARTY CITY OF TEMECULA IN Recreation Supplies:Holiday Events 17.33 17.33 88725 12/18/2003 001958 PERS LONG TERM CARE PROG PERS Long Term Care Payment 288.55 288.55 88726 12/18/2003 000249 PETTY CASH Petty cash reimbursement 627.14 627.14 88727 12/18/2003 006480 PIERRE SPRINKLER & Nov Ldscp Maint Svcs:Medians 31,835.00 31,835.00 88728 12/18/2003 000253 POSTMASTER Express mail & postal svcs 222.80 222.80 88729 12/18/2003 002185 POSTMASTER - TEMECULA Postage:TCSD Wtr/Spr Brochure 4,111.04 4,111.04 88730 12/1a/2003 000254 PRESS ENTERPRISE COMPAN Nov 2003 Holiday Ads for TCSD 1,629.00 1,629.00 88731 12/18/2003 003493 PRO -CRAFT OVERHEAD DOOR Res Imp Prgm: Sieveke, Debie 1,280.00 1,280.00 88732 M18/2003 003697 PROJECT DESIGN CONSULTAN Nov Architect Svcs:SR79S Medians 5,918.75 Nov Dsgn Svcs:Murr.Crk/Overland 2,222.12 8,140.87 88733 12/18/2003 005075 PRUDENTIAL OVERALL SUPPL Nov TCSD Uniform rentals 785.40 785.40 88734 12/18/2003 004627 PUBLIC SAFETY Radios for Staff: 2003 light parade 353.25 353.25 Pagefa apChkLst 12/18/2003 11:13:15AM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 88735 12/18/2003 004529 QUAID TEMECULA HARLEY-DA Police Motorcycle Parts 6.50 6.50 88736 12/18/2003 004318 R J BULLARD CONSTRUCTION Prgs Pmt #8:Soundwall Impry 271,693.35 271,693.35 88737 12/18/2003 005332 RAHN, WILLIAM Rb:Financial Crimes Cf:11/30-12/04 602.21 602.21 88738 12/18/2003 004468 RANCH MUFFLER Auto Parts for Police Vehicle 54.14 54.14 88739 12/18/2003 002176 RANCHO CALIF BUS PARK ASS Jan -Mar Bus.Prk Dues:Diaz 1,948.77 Jan -Mar Bus.Prk Dues:C.H. 1,417.29 Jan -Mar Bus.Prk Dues:C.H. adj. prop. 1,169.26 4,535.32 88740 12/18/2003 000262 RANCHO CALIF WATER DIST Various water meters 3,811.73 3,811.73 88741 12/18/2003 002654 RANCHO FORD LINCOLN 2004 Ford F150 Truck:PW:XX240 24,480.69 2004 Ford F150 Truck:PW:XX240 24,480.69 48,961.38 88742 12/18/2003 004483 RECREONICS INC Pool Capacity Sign:Aquatics Prgm 89.76 89.76 88743 12/18/2003 004584 REGENCY LIGHTING Electrical Supplies:CRC 144.65 Electrical Supplies:CRC 86.79 231.44 88744 12/18/2003 000526 REGENTS OF UNIVERSITY OF Crash Zone:Hughes/Nelson:2/11-13/0 590.00 590.00 88745 12/18/2003 003591 RENES COMMERCIAL MANAGE Herbicides:R-O-W by Channels 1,950.00 1,950.00 88746 12/18/2003 000352 RIVERSIDE 00 ASSESSOR B&S Dept Assessors Maps 15.00 15.00 88747 12/18/2003 000353 RIVERSIDE CO AUDITOR Oct parking citation assessments 2,002.50 2,002.50 88748 12/18/2003 000418 RIVERSIDE CO CLERK & Ntc/Determination Fee:Habitat Plan 914.00 914.00 88749 12/18/2003 005334 RIVERSIDE CO FACILITIES Real Property Svcs:F.V. Pkwy 720.00 720.00 88750 12/18/2003 007184 RIVERSIDE POLICE Correction of Deposit:R#519206 45.00 45.00 88751 12/18/2003 006205 ROSAS CAFE & TORTILLA FAC Rfrshmnts:2003 Holiday Parade 142.31 142.31 88752 12/18/2003 000277 S & S ARTS & CRAFTS INC Recreation Supplies:Holiday Events 28.52 28.52 Page:? apChkLst Final Check List Page: 8 12/18/2003 11:13:15AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 88753 12/18/2003 004598 S T K ARCHITECTURE INC (Continued) Description Amount Paid Check Total Nov Svcs:Roripaugh Fire Sin 7,536.01 7,536.01 88754 12/18/2003 005227 SAN DIEGO COUNTY OF Support Payment 132.00 132.00 88755 12/18/2003 001500 SAN DIEGO REGIONAL TRAIN Working w/Upset Public:Villa:l 1/20 270.00 270.00 88756 12/18/2003 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 88757 12/18/2003 007183 SCHORK, BETSY Refund:Sec. Deposit:12/06r03 100.00 100.00 88756 12/18/2003 003843 SCREEN DOCTOR, THE Res Imp Prgm: Vega, Tavo & Chance 299.83 299.83 88759 12/1a/2003 007181 SHRYOCK, JOHN Refund:Sec. Deposit: l o/10/03 100.00 100.00 88760 12/18/2003 000645 SMART & FINAL INC MPSC Recreation Supplies 132.67 MPSC Recreation Supplies 111.82 High Hopes Prgm Supplies 89.48 Recreation Supplies:Holiday Events 60.75 TCC Recreation Supplies 42.96 437.68 88761 12/18/2003 000537 SO CALIF EDISON Dec 2-01-202-7330 City Sir. Lamps 37,703.20 Dec 2-01-202-7603 Various Mira 13,072.97 Dec 2-00-987-0775 V.R. Lamps 4,647.48 Dec 2-02-351-5281 CRC 4,502.27 Nov 2-05-791-8807 Various Mtrs 3,682.59 Dec 2-06-105-0654 Various Mtrs 2,294.89 Dec 2-10-331-1353 Sin 84 931.54 Dec 2-25-393-4681 TES Pool 518.93 Nov 2-22-575-0876 Old Town 264.48 Dec 2-24-077-3069 Pala Rd 39.18 Dec 2.23-693-2810 Pala Rd 37.79 67,695.32 88762 12/18/2003 001212 SO CALIF GAS COMPANY Dec City Facilities Gas Meters 3,375.66 Dec 095-167-7907-2 Fire Sin 84 174.15 3,549.81 88763 12/18/2003 000519 SOUTH COUNTY PEST Pest Control Svcs:CRC 90.00 Pest Control Svcs:Fire Sin 92 42.00 132.00 88764 12/18/2003 004282 SOUTHWEST TRAFFIC SYSTE Install 2 PW vehicle light bars-b/u 850.00 850.00 88765 12/18/2003 004163 SPORTS CHALET Bicycle Repair/Maint:Police 8.22 8.22 PageP apChkLst Final Check List Page: 9 12/18/2003 11:13:15AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 88766 12/18/2003 002366 STEAM SUPERIOR CARPET CL Clean Carpets:Museum 600.00 CRC MPR Repair Tile Floor 425.00 Clean Carpets:Senior Center 350.00 Install Carpet in TCSD Room 225.00 Clean Carpets:TCC 175.00 1,775.00 88767 12/18/2003 006145 STENO SOLOUTIONS Nov Transcription Svcs:P.D. 1,393.92 1,393.92 88768 12/18/2003 007171 STREED, MICHAEL W. forensic illustrator:PD composite sketc 250.00 250.00 88769 12/18/2003 003840 STRONGS PAINTING Painting O.T. 6th Street Restrooms 1,875.00 Re-Vamish Wedding Chpl Doors 300.00 2,175.00 88770 12/18/2003 002651 SUN BADGE COMPANY Badge for Code Enforcement 39.09 39.09 88771 12/18/2003 002224 SYNDISTAR INC Fire Prev Public Educ. Supplies 1,225.00 1,225.00 88772 12/18/2003 003599 TY LIN INTERNATIONAL Jun -Oct Dsgn:R.C.Bridge Widening 66.76 66.76 88773 12/18/2003 000305 TARGET STORE Microwave for Fire Stn 84 107.74 Teen Prgm Supplies 81.67 Recreation Supplies:Holiday Events 70.72 Recreation Supplies:Holiday Events 12.89 273.02 88774 12/18/2003 005985 TECHNOLOGY INTEGRATION G Computer and Printer Supplies:I.S. 504.19 Computer and Printer Supplies:I.S. 385.43 889.62 88775 12/18/2003 006914 TEMECULA COPIERS INC. Nov Copier Usage Expense:City Hall 3,966.50 3,966.50 88776 12/18/2003 001672 TEMECULA DRAIN SERV & PLU Fire Stn 84 Plumbing Svcs 175.00 175.00 88777 12/18/2003 005412 TEMECULA GARDEN & POWER Equip Repairs for PW Maint 17.84 17.84 88778 12/18/2003 003677 TEMECULA MOTORSPORTS LL Police Motorcycle Repair/Maint Svcs 1,689.41 Police Motorcycle Repair/Maint Svcs 248.40 1,937.81 88779 12/18/2003 007140 TEMECULA POLICE EXPLORER Reimb:Refreshments:Safety Expo:11 515.00 515.00 88780 12/18/2003 000307 TEMECULA TROPHY COMPAN 2003 Holiday Parade Awards 1,012.05 1,012.05 88781 12/18/2003 006424 TEMECULA VALLEY R V, LLC Fire Prev Trailer Generator 3,178.63 3,178.63 Page9 apChkLst 12/18/2003 11:13:15AM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88782 12/18/2003 003074 TEMECULA VALLEY ROSE SOC Community Svcs Funding Award 2,000.00 2,000.00 88783 12/18/2003 004274 TEMECULA VALLEY SECURITY Locksmith Svcs:C. Museum 71.84 71.84 88784 12/18/2003 000977 TEMECULA VALLEY SPECIAL Community Svcs Funding Award 1,000.00 1,000.00 88785 12/18/2003 000919 TEMECULA VALLEY UNIFIED S Oct 03 City Vehicles Fuel Expense 498.78 498,78 88786 12/18/2003 000919 TEMECULA VALLEY UNIFIED S Fac Rental:Public Safety Expo:11/15 425.00 425.00 88787 12/18/2003 003598 TEMECULA VINTAGE SINGERS Entertainment:Dickens Holiday:11/22 250.00 250.00 88788 12/18/2003 007187 TEMECULA YOUTH BASEBALL Community Svc Funding Award 1,000.00 1,000.00 88789 12/18/2003 000668 TIMMY D PRODUCTIONS INC Sound Tech:Tree Lighting:Duck Pond 250.00 250.00 88790 12/18/2003 003366 TORAN DEVELOP. & CONSTRU Maint/Repairs to O.T. Boardwalk 34,850.00 34,850.00 88791 12/18/2003 000978 TRAUMA INTERVENTION PRG 2nd Otr Emerg. Response Vol. Prgm 2,181.25 2,181.25 88792 12/18/2003 006192 TRISTAFF GROUP Temp Help We 12/07 Bradley 520.00 Temp Help w/e 11/30 Bradley 312.00 832.00 88793 12/18/2003 005857 TRUAX, GARY L. Refund:Sec. Deposit: 12/06/03 100.00 100.00 88794 12/18/2003 005592 TWINING LABORATORIES Oct Svcs:Soundwall lmprv:99-11SW 10,473.24 10,473.24 88795 12/18/2003 002706 U S POSTAL SERVICE Subscription for Bulk Mailing Lists 22.50 22.50 88796 12/18/2003 007138 UNITED RENTALS INC Light Towers:2003 Holiday Parade 3,597.31 3,597.31 88797 12/18/2003 000325 UNITED WAY United Way Charities Payment 253.30 253.30 88798 12/18/2003 006637 V C A CODE GROUP Nov Plan Check Svcs:B&S Dept 7,249.06 7,249.06 88799 12/18/2003 004504 VAIL RANCH SELF STORAGE Dec Doc. Storage:Records Mgmt 30.00 30.00 Page:10 apChkLst Final Check List Page: 11 12/18/2003 11:13:15AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88800 12/18/2003 006398 VALUE MANAGEMENT STRATE Value Analysis:F.V. Pkwy/I-15 7,499.76 7,499.76 88801 12/18/2003 004261 VERIZON CALIFORNIA Dec xxx-5072 general usage 4,304.89 Dec xxx-1473 O.T. Storefront Stn 113.25 Dec xxx-1603 City Hall 90.48 Dec xxx-1941 PTA CD TTACSD 64.40 Dec xxx-3851 general usage 41.45 Nov xxx-1999 general usage 40.26 4,654.73 88802 12/18/2003 004200 VERIZON WIRELESS LLC 12/15-03/14/04 Pager Svcs:Stone 39.30 39.30 88803 12/18/2003 004864 VINEYARD OF THE NEW WINE Community Service Funding Award 5,000.00 5,000.00 88804 12/18/2003 003730 WEST COAST ARBORISTS INC Citywide Tree Trimming Maint. Svcs 15,892.00 15,892.00 88805 12/18/2003 003835 WEST COAST SUPPLY Supplies for PW Maint Div. 92.62 92.62 88806 12/18/2003 002109 WHITE CAP INDUSTRIES INC Maintenance Supplies:PW Maint. 123.66 123.66 88807 12/18/2003 004829 W ILSON GROUP LLC, THE Dec State Lobbyist Svcs:City Issues 3,500.00 3,500.00 88808 12/18/2003 005935 WOODSIDE, SCOTT Refund:Sec. Deposit 100.00 100.00 88809 12/18/2003 003776 ZOLL MEDICAL CORPORATION Paramedic Supplies 175.81 175.81 Sub total for UNION BANK OF CALIFORNIA: 2,556,361.60 Page:11 apChkLst Final Check List Page: 9 12/26/2003 10:53:22AM CITY OF TEMECULA 99 checks in this report. Detail 12/26/2003 001 66,065.92 190 24,766.91 193 5,208.84 210 152,209.86 280 544,160.92 300 700.00 320 5,906.63 330 6,816.54 340 643.77 806,479.39 Grand Total All Checks: 806.479.39 Page9 apChkLst 12MW2003 10:53:22AM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor Description Amount Paid Check Total 233 12/22/2003 000166 FIRST AMERICAN TITLE Purchase Property in Old Twn 544,000.00 644,000.00 88811 12/26/2003 004148 AT&T Long distance svcs: P.D. 133.22 133.22 88812 12/26/2003 007192 ANDERSON, JAMIAH Refund: Security Deposit 100.00 100.00 88813 12/26/2003 000101 APPLE ONE, INC. Temp help PPE 12/6 Delann 624.00 Temp help PPE 12/6 Wills 572.00 Temp help PPE 12/6 Lee 520.00 Temp help PPE 12/6 Alexander 168.03 1,884.03 88814 12/26/2003 003814 BALLREICH, MICHAELA EE computer purchase prgm 1,852.84 1,852.84 88815 12/26/2003 000622 BANTA ELECTRIC-REFRIGERA Replacement Light for Sin 84 450.00 450.00 88816 12/26/2003 002541 BECKER CONSTRUCTION SRV Reinforce Smith Channel w/retention 5,810.00 5,810.00 88817 12/26/2003 004778 BERRYMAN & HENIGAR INC Nov design svcs: R.C.Rd Widening 11,414.00 11,414.00 88818 12/26/2003 004262 BIO-TOX LABORATORIES DUI Drug & Alcohol screening 684.70 DUI Drug & Alcohol screening 175.90 860.60 88819 12/26/2003 006721 BOISE CASCADE OFFICE Office furniture/reconfig.: TCSD 4,516.95 4,516.95 88820 12/26/2003 007189 BOYD, ORLANDO Refund: Security Depst CRC 100.00 100.00 88821 12/26/2003 004176 BROADWING Long distance & internet svcs 2,134.33 2,134.33 88822 12/26/2003 004621 C-18 INC CityW ide Street Striping Project 948.86 948.86 88823 12/26/2003 000128 CAL SURANCE ASSOCIATES I Bond insurance: Nelson, Shawn 350.00 Bond insurance: Thornhill, Gary 350.00 700.00 88824 12/26/2003 001159 CALIF DEPT OF JUSTICE Nov Fingerprinting: Police Dept 1,033.00 1,033.00 88825 12/26/2003 000152 CALIF PARKS & RECREATION S Membership: Phyllis Ruse 002219 125.00 125.00 88826 12/26/2003 004604 CALPELRA Membership: Grant M. Yates 240.00 240.00 Page:t apChkLst 12126/2003 10:53:22AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 88827 12/26/2003 004971 CANON FINANCIAL SERVICES, Jan copier lease pmt for City Hall 6,797.24 Jan copier lease for Sin 73 328.63 7,125.87 88828 12/26/2003 003047 CHAPARRAL HIGH SCHOOL Band transportation cost 300.00 300.00 88829 12/26/2003 006660 CMTA Investment Wkshp:2r12-13:Grance 250.00 250.00 88930 12/26/2003 002147 COMPLIMENTS COMPLAINTS & Santa Claus suit for Team Pace 102.36 Santa for MPSC Holiday Party 100.00 202.36 88831 12/26/2003 000447 COMTRONIX OF HEMET 2 mobile radios: PW Lnd Devel 3,103.70 3,103.70 88832 12/26/2003 006303 CONDUIT NETWORKS, INC Network Svcs: Active Directory 1,050.00 1,050.00 88833 12/26/2003 003561 D F M ASSOCIATES 3'04 CA Elect. Code Manuals 129.30 129.30 88834 12/26/2003 000684 DIEHL EVANS & COMPANY LLP 03/04 Audit svcs: City Audit 5,500.00 03/04 Audit svcs: City Audit 4,000.00 9,500.00 88835 12/26/2003 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343 730.92 Fuel for city vehicles: PW 61353 560.26 1,291.18 88836 12/26/2003 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Or Ldscp 34.27 34.27 88837 12/26/2003 004990 ELEMENT K JOURNALS Subscription:lnside Web Design 167.00 167.00 88938 12/26/2003 005052 EMCOR SERVICE H.V.A.C. repair @ City Hall 227.50 227.50 88839 12/26/2003 002438 ENGEN CORPORATION Nov Geotech svcs:Wamer Rd Assmt 2,775.00 Credit: Invoice exceeded PO -40.00 2,735.00 88840 12/26/2003 005251 EQUIPMENT REPAIR SERVICE Mobile Equip Repair Svcs:PW mntc 69.48 69.48 Page2 apChkLst Final Check List Page: 3 12126/2003 10:53:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid 88841 12/26/2003 003347 FIRST BANKCARD CENTER 004435 U S CONFERENCE OF MAYORS MN 72nd Winter Mtg:1/21-23/04 500.00 000845 NATIONAL LEAGUE OF CITIES MN '03 Congress Conf:12/9-13 455.00 007023 HUNGRY HUNTER SN Refreshments:Pratt farewell 364.33 004961 DAVE & BUSTER'S SJ Team bldg event: City Clerk 300.00 006764 MEXICANA TT Rfrshmnts:Accela User Grp Mtg 283.61 007205 ACS IMAGE SOLUTION, INC TT Misc imaging supplies 264.39 006937 SOUTHWEST AIRLINES MN AirFare Nashville 12/9 255.00 005786 SPRINT TT PCS keyboard 138.28 003964 OFFICE DEPOT BUSINESS SVS TT misc computer supplies 134.62 007089 HANDSPRING TT Tree keyboard for TT 113.07 005750 IRON WOK CHINA BISTRO SJ Refreshment: Interview Panel 98.02 001048 ROSAS CANTINA RESTAURAN TT Refreshments: Accela Wireless Mt 90.22 007201 MICROTRANS INC WH Transportation software: PW 85.00 000854 URBAN LAND INSTITUTE JM Add't conf expense 82.92 005365 BAILY VINEYARD & WINERY IN JM Refreshments: Business Mtg 78.00 006938 EARTHLINK INC SJ Council mb internet svcs 75.85 003964 OFFICE DEPOT BUSINESS SVS TT Misc computer supplies 74.83 007206 TECHREPUBLIC TT small office networking cd 74.35 007148 MARIE CALENDARS SJ Refreshments: Interview Panel 61.01 007044 CLAIM JUMPER RESTAURANT SJ Refreshments: Interview Panel 57.59 002111 TOGOS RESTAURANT TT Refreshments:Voting Sys Trng 48.00 007204 DATAVIZ, INC TT Cellular phone upgrade 37.90 005786 SPRINT TT New treo phone JO 35.00 005202 PENFOLD, LADD L. SJ Refreshments:lnterview Panel 29.80 007089 HANDSPRING TT Cell phone accessory CW 26.87 007202 COCOS BAKERY MN Refreshments: Business Mtg 18.17 002612 RADIO SHACK INC TT Cell phone supplies 16.15 007203 V LINK WIRELESS INTERNET MN On the road internet svcs 10.00 006764 MEXICANA TT Credit:Rfrshmnts:User Grp Mtg -283.61 Check Total 3,524.37 Page3 apChkLst 12126/2003 10:53:22AM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 88842 12/26/2003 001135 FIRST CARE INDUSTRIAL MED EE first aid svcs 184.02 184.02 88843 12/26/2003 003946 G T ENTERTAINMENT Santa for Tree Lighting Ceremony 250.00 250.00 88844 12/26/2003 002528 GLASS BLASTERS INC New employee beverage mugs 49.57 49.57 88845 12/26/2003 000175 GOVERNMENT FINANCE OFFI Membership: G.Roberts/P.Brown 510.00 510.00 88846 12/26/2003 002174 GROUP 1 PRODUCTIONS OVD of F.Vly Pkwy/1-15 Interchg 5,300.00 Else Light Parade Filming: Parade 3,000.00 8,300.00 88847 12/26/2003 007194 HOEVERTSZ, JUANA Refund: rental payment 168.50 168.50 88848 12/26/2003 007196 HOGS, SHERRI Refund: Arts/Crafts-Children 5.00 5.00 88849 12/26/2003 003296 INTERNATIONAL CODE 2004 Membership: Anthony Elmo 40.00 40.00 88850 12/26/2003 001186 IRWIN, JOHN TCSD instructor earnings 208.00 TCSD instructor earnings 140.00 348.00 88851 12/26/2003 005928 JUTKIEWICZ, ROBIN J. TCSD instructor earnings 204.00 204.00 88852 12/26/2003 000820 K R W & ASSOCIATES Consultant Svcs: Eng plan ck review 5,310.00 Credit: Ovrchged TR 29798-10 -30.00 5,280.00 88853 12/26/2003 003986 KEVIN COZAD & ASSOCIATES I Design svcs: J. Warner Assess 2,685.00 Credit: Unsupported reimb chrgs -157.00 2,528.00 88854 12/26/2003 007193 LAMARID, HERB Refund: Security Deposit 100.00 100.00 88855 12/26/2003 003782 MAIN STREET SIGNS Misc. signs & hardware PW Maint. 2,416.29 2,416.29 88856 12/26/2003 004141 MAINTEX INC City Hall custodial supplies 416.27 CRC Custodial supplies 275.22 691.49 88857 12/26/2003 006925 MAY TOOL INC Small Equipment Repairs PW 107.75 107.75 88858 12/26/2003 001905 MEYERS, DAVID WILLIAM TCSD Instructor Earnings 216.00 TCSD Instructor Earnings 120.00 336.00 88859 12/26/2003 001394 MINUTEMAN PRESS Envelops Police 73.84 73.84 Page:4 apChkLst Final Check List Page: 5 12/26/2003 10:53:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 88860 12/26/2003 001892 MOBILE MODULAR 88861 12/26/2003 000883 MONTELEONE EXCAVATING 88862 12/26/2003 002925 NAPA AUTO PARTS 88863 12/26/2003 007191 NOTTINGHAM, LISA (Continued) Description Amount Paid Station 92- Mo. office trailer rent 832.40 Re -build Santiago Desilting Basins Re -build Santiago Desilting Basins Re -build Santiago Desilting Basins Misc. parts & supplies PW Misc. parts & supplies PW Refund:Spark of love pictures 88864 12/26/2003 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:Police Misc office supplies:Police Credit: Returned item 88865 12/26t2003 002105 OLD TOWN TIRE & SERVICE vehicle mainVrepair svcs: B&S vehicle mainVrepair svcs: PW vehicle mainVrepair svcs:TCSD vehicle mainVrepair svcs:TCSD vehicle mainVrepair svcs:CIP Division vehicle mainVrepair svcs:TCSD 88866 12/26/2003 001171 ORIENTAL TRADING COMPANY Luau Picnic Supplies Team Pace 88867 12/26/2003 007197 PALOMA VALLEY HIGH SCHOO Band transportation cost 88868 12/26/2003 006480 PIERRE SPRINKLER & Various slopes/irrigation repairs Various medians irrigation repairs 88869 12/26/2003 000254 PRESS ENTERPRISE COMPAN Employee recruitment ads 88870 12/26/2003 007132 PRICE, KERI Refund:Arts/Crafts-Childrens Refund: Arts/Crafts Childrens 88871 12/26/2003 004529 QUAID TEMECULA HARLEY-DA Repair & maint:Police motorcycles 88872 12/26/2003 006664 R R M DESIGN GROUP 88873 12/26/2003 000262 RANCHO CALIF WATER DIST 88874 12/26/2003 000947 RANCHO REPROGRAPHICS 88875 12/26/2003 004483 RECREONICS INC Sept design svcs:citywide guidelines Nov design svcs:citywide guidelines Various water meters 01-23-01075-1 Crowns Hill Blueprint reproductions C.Theater PH indicator: CRC pool 6,606.00 3,488.50 440.00 129.41 69.35 82.97 794.67 37.39 -20.90 165.88 74.49 55.00 45.47 24.57 22.42 1,080.59 300.00 1,942.17 365.92 1,622.37 5.00 5.00 2,475.80 3,832.00 2,480.94 3,562.01 330.33 68.69 10.02 Check Total 832.40 10,534.50 198.76 82.97 811.16 387.83 1,080.59 300.00 2,308.09 1,622.37 10.00 2,475.80 6,312.94 3,892.34 68.69 10.02 Pages apChklst 1212612003 10:53:22AM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88876 12/26/2003 000266 RIGHTWAY Portable Toilet Rental: Paseo Prk 61.78 61.78 88877 12/26/2003 000352 RIVERSIDE CO ASSESSOR Assessors Maps 21.00 21.00 88878 12/26/2003 000418 RIVERSIDE CO CLERK & Aperture card duplicates 29.50 29.50 88879 12/26/2003 007190 RIVERSIDE COUNTY FIRE Conf:R. Nugent 2114-15 2004 35.00 35.00 88880 12/26/2003 007190 RIVERSIDE COUNTY FIRE Angel Rescue Sem:2/14-15:Clary 35.00 35.00 88881 12/26/2003 007190 RIVERSIDE COUNTY FIRE Angel Rescue Sem:2/14-15:Brandt 35.00 35.00 88882 12/26/2003 007190 RIVERSIDE COUNTY FIRE Angel Rescue Sem:2/14-15:Rawlings 35.00 35.00 88883 12/26/2003 006365 RUBIN, STEVEN P. TCSD Instructor Earnings 36.00 36.00 88884 12/26/2003 007195 SAATZER, KRISTIN Refund: Arts/Crafts Childrens 10.00 10.00 88885 12/26/2003 006176 SANTA ANA COLLEGE Org Devel & HR Tmg:1/5-9:Newman 125.00 125.00 88886 12/26/2003 006176 SANTA ANA COLLEGE Personnel & Labor Trng:5/3-7:Newma 125.00 125.00 88887 12/26/2003 003506 SHIVELA MIDDLE SCHOOL BAN Band transportation cost 200.00 200.00 88888 12/26/2003 004609 SHREDFORCE INC Dec shredding documents 110.00 110.00 88889 12/26/2003 000645 SMART & FINAL INC CRC teen supplies 59.01 59.01 88890 12/26/2003 000537 SO CALIF EDISON DEC 2-00-397-5059 City Hall 6,025.27 Dec 2-19-999-9442 City Hall 1,981.27 Dec 2-23-365-5992 City Hall 340.91 Dec 2-24-817-8717 Old Kent Park 237.28 DEC 2-24-628-8963 Strict Stage 28.63 Dec 2-24-151-6582 Overland Trl 13.00 8,626.36 88891 12/26/2003 004496 SPARKS EXHIBITS & Children's museum prgs pmt 130,164.17 130,164.17 Page£ apChkLst Final Check List Page: 7 12/26/2003 10:53:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 88892 12/26/2003 000305 TARGET STORE 88893 12/26/2003 006465 TEMECULA AUTO REPAIR (Continued) Description Amount Paid Check Total Special event supplies 106.00 CRC recreation supplies 93.70 Special event supplies 53.66 253.36 Paramedic vehicle maintenance 151.55 151.55 88894 12/26/2003 000311 TEMECULA VALLEY HIGH SCH Band transportation cost 300.00 300.00 88895 12/26/2003 003508 THOMPSON MIDDLE SCHOOL Band transportation cost 200.00 200.00 88896 12/26/2003 000668 TIMMY D PRODUCTIONS INC DJ middle school dance 350.00 350.00 88897 12/26/2003 000459 TUMBLE JUNGLE FITNESS GY TCSD Instructor Earnings 331.20 TCSD Instructor Earnings 192.00 TCSD Instructor Earnings 192.00 TCSD Instructor Earnings 144.00 TCSD Instructor Earnings 110.40 TCSD Instructor Earnings 48.00 1,017.60 88898 12/26/2003 004895 TUMBLES, J.W. TCSD Instructor Earnings 477.60 TCSD Instructor Earnings 176.00 TCSD Instructor Earnings 140.80 TCSD Instructor Earnings 128.00 TCSD Instructor Earnings 64.00 986.40 88899 12/26/2003 002065 UNISOURCE Index Tabs City Council Agenda 612.00 612.00 88900 12/26/2003 004981 UNISOURCE SCREENING & New empl background investigations. 115.00 115.00 88901 12/26/2003 004261 VERIZON CALIFORNIA NOV xxx-0074 General usage 261.91 NOV xxx-3564 General usage 57.01 Nov xxx-8573 General usage 31.83 NOV xxx-3923 General usage 27.77 378.52 88902 12/26/2003 004848 VERIZON SELECT SERVICES I Nov long distance phone Svcs: Police 1,330.86 1,330.86 88903 12/26/2003 007198 WARRIOR MARCHING BAND Band transportation cost 300.00 300.00 88904 12/26/2003 007199 WECK, PANDY Refund: Excursion Sr.- Walks 45.00 Refund: Excursion Sr.-W elks 45.00 90.00 88905 12/26/2003 003756 WHITE HOUSE SANITATION Dec Btrfld toilet pumping service 50.00 50.00 Page:? apChkLst Final Check List Page: 8 12/26/2003 10:63:22AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 88906 12/26/2003 005667 WILCOXEN, JANET 88907 12/26/2003 000346 YATES, GRANT 88908 12/26/2003 000348 ZIGLER, GAIL (Continued) Description Amount Paid Check Total Refund:Arts/Crafts Childrens 5.00 5.00 EE Computer purchase prgm 2,000.00 2,000.00 Reimb:Supplies Santa visit 97.50 97.50 Sub total for UNION BANK OF CALIFORNIA: 806,479.39 Pages apChkLst Final Check List Page: 7 01/0212004 10:36:23AM CITY OF TEMECULA 84 checks in this report. Detail 01/02/2004 001 246,574.86 165 3,574.88 190 56,112.25 192 75.26 193 24,004.11 194 1,691,297.40 210 2,557.06 280 4,776.02 300 454.14 320 48,771.01 330 801.32 340 2,444.28 2,081,442.59 Grand Total All Checks: 2.081.442.59 Page:? apChkLst Final Check List Page: 1 O1102/2004 10:36:23AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check A Date Vendor Description Amount Paid Check Total 234 12/31/2003 000444 INSTATAX (EDD) State Disability Ins Payment 15,928.89 15,928.89 235 12/31/2003 000283 INSTATAX (IRS) Federal Income Taxes Payment 60,898.57 60,898.57 236 12/31/2003 000246 PERS (EMPLOYEES RETIREME PERS ER Paid Member Contr Pmt 58,717.84 58,717.84 237 12/31/2003 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 1,549.40 1,549.40 88810 12/19/2003 000418 RIVERSIDE CO CLERK & Ntc/Determination:Auto Mall Expan. 1,314.00 1,314.00 88909 01/02/2004 004180 ADVISORS MARKETING Team Building Speaker:TCSD 1,500.00 1,500.00 88910 01/02/2004 002877 ALTA LOMA CHARTER LINES 12117 Chartered Bus: Elect Light Tour 651.63 12/14 Chartered Bus: Elect Light Tour 651.63 1,303.26 88911 01/02/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 455.20 DUI Drug & Alcohol Screening 110.00 565.20 88912 01/02/2004 001587 AMERICAN PUBLIC WORKS AS Membership Greg Butler 602570 147.50 147.50 88913 01/02/2004 000936 AMERICAN RED CROSS RARC Community Services Grant 9,500.00 9,500.00 88914 01/02/2004 000101 APPLE ONE, INC. Temp help PPE 12/13 Delarm 592.80 Temp help PPE 12/13 Lee 520.00 Temp help PPE 12/13 Shigg 39.00 Temp help PPE 12/13 Wales 39.00 Temp help PPE 12113 Fidero 39.00 1,229.80 88915 01/02/2004 001561 ARCHWIRELESS Dec -Mar pagingtrental svcs 837.25 837.25 88916 01/02/2004 002541 BECKER CONSTRUCTION SRV R&R Gate/Fence Marg. Retention Pmt 6,730.00 Install Rip -Rap 0 Low Flow Crossing 3,564.00 10,294.00 88917 01/02/2004 007215 BOY SCOUTS OF AMERICA 03/04 Comm. Service Funding Award 1,500.00 1,500.00 88918 01/02/2004 004248 CALIF DEPT OF JUSTICE/ACCT DUI Drug & Alcohol Screening 35.00 35.00 88919 01/02/2004 000486 CALIF MUNI REVENUE & TAX A Membership: Smith, Zee 262 50.00 50.00 88920 01/02/2004 002534 CATERERS CAFE Refreshments:City Business Mtg 49.75 49.75 Page:t apChkLst 01/02/2004 10:36:23AM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check N Date Vendor Description Amount Paid Check Total 88921 01/02/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 173.50 173.50 88922 01/02/2004 001193 COMP U S A INC Misc. Computer Supplies: IS 57.07 57.07 88923 01/02/2004 002147 COMPLIMENTS COMPLAINTS & Deposit:3/5 High Hopes Magic Show 112.50 112.50 88924 01/02/2004 006936 CONVEYOR GROUP Banner artwork for car show 450.00 450.00 88925 01/02/2004 002631 COUNTS UNLIMITED INC Jefferson/Sanborn traffic count 135.00 135.00 88926 01/02/2004 004524 CRAFCO INC/ABSOLUTE ASPH Asphalt material for Public Works Mnt 784.42 784.42 88927 01/02/2004 004123 D L PHARES & ASSOCIATES Jan Lease:Old Town Storefront 2,019.87 2,019.87 88928 01/02/2004 004569 DAVID TAUSSIG & ASSOCIATE Financial Analysis:Roripaugh 4,203.59 Credit: Inv Exceeds PO agnnnt -84.48 4,119.11 88929 01/02/2004 005859 DELUNA, WILLIAM Reimb:NASRO Conf:11/30-1212: LaQu 121.92 121.92 88930 01/02/2004 004526 DESTINATION TEMECULA Sister Cities trip transportation to LAX 390.00 390.00 88931 01/02/2004 000684 DIEHL EVANS & COMPANY LLP 03/04 AUDIT SVC:RDA 1,750.00 1,750.00 88932 01/02/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 12112 Hear 3,004.13 Temp help PPE 12/12 Jones 1,508.78 Temp help PPE 12/12 Sang 1,304.00 Temp help PPE 12/12 Kanigowski 1,182.72 Temp help PPE 12/12 Cammarota 1,052.40 8,052.03 88933 01/02/2004 005692 ELMO, ANTHONY Travel Exp:Bldg Standard Mtg 108.00 108.00 88934 01/02/2004 005251 EQUIPMENT REPAIR SERVICE Mobile equip repair svcs:PW mntc 392.71 Mobile equip repair svcs:PW mntc 339.83 732.54 88935 01/02/2004 000165 FEDERAL EXPRESS INC Express mail services 44.69 44.69 88936 01/02/2004 001511 FIELDMAN ROLAPP & ASSOCIA Financial analysis:Haweston II CFD 1,717.22 1,717.22 88937 01/02/2004 001135 FIRST CARE INDUSTRIAL MED New employee physicals 25.00 25.00 Page2 apChkLst 01/02/2004 10:36:23AM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 88938 01/02/2004 000711 GRAPHICS UNLIMITED LITHOG TCSD Recreation Guide:Wntr/Sprg 19,768.40 19,768.40 88939 01/02/2004 007213 GRAVEN, POLLY Refund: Cite 43799 dismissed 325.00 325.00 88940 01/02/2004 003106 HERITAGE SECURITY SERVIC Elect Light Parade Security Svcs 99.40 Elect. Light Parade Security Svcs 71.00 170.40 88941 01/02/2004 004811 HEWLETT PACKARD Laptop Computer for Citizen Corps 2,319.86 2,319.86 88942 01/02/2004 005748 HODSON, CHERYL A. Support Payment 22.70 22.70 88943 01/02/2004 006052 HORTON, MIKE Reimb:NFPA Conf:11/15-19:Reno,NV 104.06 104.06 88944 01/02/2004 006713 INTEGRATED MEDIA SYSTEMS Chambers audiovisual sys upgrade 38,000.00 38,000.00 88945 01/02/2004 000203 JOBS AVAILABLE INC Sr Signal Tech recruitment ad 73.60 73.60 88946 01/02/2004 002575 JONES, SUSAN W. Reimb:CC Law & Election Sem:12110 8.00 8.00 88947 01/02/2004 003046 K F R O G 95.1 FM RADIO Broadcasting Svcs:Dickens Holiday 960.00 960.00 88948 01/02/2004 001719 L P A INC Nov design svcs: Library pdt 2,228.06 2,228.06 88949 01/02/2004 000945 L P S COMPUTER SERVICE R&R paper delivery assembly:City Hall 514.24 Printer Toner Cartridges: IS 207.84 HP printer ROM upgrade:City Hall 180.90 Repair HP printer: CM office 85.00 987.98 88950 01/02/2004 000210 LEAGUE OF CALIF CITIES 2004 ann'I membership 16,204.00 16,204.00 88951 01/02/2004 004905 LI EBERT, CASSIDY & WHITMOR Nov HR legal svcs for TE060400008 288.00 Nov HR legal svcs for TE060-#00001 144.00 432.00 88952 01/02/2004 001967 MANPOWER TEMPORARY SER Temp Help We 12114 Dankworth 658.40 658.40 88953 01/02/2004 000217 MARGARITA OFFICIALS ASSN Dec Softball Officiating Svcs 25.00 25.00 88954 01/02/2004 007214 MAUREEN KANE & ASSOCIATE Tech Tract/Clerk Trn:3/16-19/04 1,760.00 1,760.00 Page3 apChkLst 01/02/2004 10:36:23AM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Cheek Total 88955 01/02/2004 007200 MCFADDEN, MICHAEL Refund:Cancelled Rental 75.00 75.00 88956 01/02/2004 001290 MEYER, JOHN Reimb:ULI Conf:10/27-31/03 139.56 139.56 88957 01/02/2004 003039 MURRIETA VALLEY HIGH SCH Caroling in Old Town:12/13/03 100.00 100.00 88958 01/02/2004 007212 NATIONAL INSTITUTE OF BUSI 'Personal Report" 2 yr subscr:C.Mgr. 119.90 119.90 88959 01/02/2004 002139 NORTH COUNTY TIMES- ATTN: Nov 2003 Holiday Ads:TCSD 1,302.98 1,302.98 88960 01/02/2004 006140 NORTH JEFFERSON BUSINESS Jan -Mar Assn Fees:F.V.:PW02-11 329.00 329.00 88961 01/02/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle MainVRepair Svcs 120.35 City Vehicle MainVRepair Svcs 71.95 City Vehicle MainVRepair Svcs 43.31 235.61 88962 01/02/2004 002800 PACIFIC STRIPING INC Citywide Replace Hydrant Markers 8,610.00 8,610.00 88963 01/02/2004 000733 PARTY PZAZZ Rental Equip:Dickens Holiday 640.51 640.51 88964 01/02/2004 002331 PEP BOYS INC 2 Tool Chests for Land Dev Vehicles 275.24 275.24 88965 01/02/2004 001958 PERS LONG TERM CARE FROG PERS Long Term Care Payment 288.55 288.55 88966 01/02/2004 000249 PETTY CASH Petty Cash Reimbursement 333.03 333.03 88967 01/02/2004 006480 PIERRE SPRINKLER & Dec Ldscp Maint Svcs:Medians 31,835.00 31,835.00 88968 01/02/2004 000262 RANCHO CALIF WATER DIST Dec 01-99-02003-0 Floating Mtr 339.37 Dec 02-79-10100-1 NW Sprt Complex 75.53 414.90 88969 01/02/2004 003591 RENES COMMERCIAL MANAGE Weed Spraying:Citywide R-O-W/Lots 14,000.00 Citywide Special Event Prep/Clean-Up 3,500.00 17,500.00 88970 01/02/2004 000955 RIVERSIDE CO SHERIFF SW ST Holiday Parade Patrol Svcs:12/4/03 4,045.03 4,045.03 Page:4 apChkLst 01/0212004 10:36:23AM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 88971 01/02/2004 000537 SO CALIF EDISON 88972 01/02/2004 002503 SOUTH COAST AIR QUALITY 88973 01/02/2004 005786 SPRINT 88974 01/02/2004 007211 TAMAS, BROOKE (Continued) Description Dec 2-02-351-4946 MPSC Dec 2-18-937-3152 Museum Dec 2-22-891-0550 Various Mira Dec 2-11-007-0455 6th Street Dec 2-18-049-6416 Front St Ped Dec 2-20-817-9929 P.D.Satellite Stn Dec 2-21-911-7892 2nd St Ped Dec 2-19-171-8568 Wedding Chpl Dec 2-21-981-4720 Hwy 79 Dec 2-24-572-8969 Old Town Dec 2-24-634-0426 Old Town Dec 2-22-496-3439 Winchester Dec 2-22-057-2226 6th Street Dec 2-14-204-1615 Front St Radio Renew Generator Op Fees:Stn 84 Emissions Fee:Fire Stn 84 11/15-12/14/03 Cell Phone Svcs Dec Acct Level Chrgs Refund:Cite 46606 88975 01/02/2004 000305 TARGET STORE Holiday Events Supplies MPSC Recreation Supplies Teen Prgm Supplies Teen Prgm Supplies 88976 01/02/2004 000310 TEMECULA CREEK INN INC Facility Rental/Rfrshmnts: 12/05/03 88977 01/02/2004 001035 TEMECULA ENVIRONMENTAL Jul -Dec 03 Trash Collection Svcs 88978 01/02/2004 005412 TEMECULA GARDEN & POWER Equip Repairs for PW Maint Div 88979 01/02/2004 000307 TEMECULA TROPHY COMPAN 3 Recogn Plaques:Mayor/Chairperson Recogn. Awards:TCSD Team Bldg 88980 01/02/2004 000919 TEMECULA VALLEY UNIFIED S Nov Vehicle Fuel Usage 88981 01/02/2004 003598 TEMECULA VINTAGE SINGERS Entertainment in Old Town:11/22/03 88982 01/02/2004 003031 TRAFFIC CONTROL SERVICE I Traffic Control Supplies:PW Maint Div Traffic Control Supplies:PW Maint Div 88983 01/02/2004 000325 UNITED WAY United Way Charities Payment Amount Paid 731.98 447.81 283.04 281.59 187.41 172.08 146.94 62.07 59.47 51.86 49.49 47.07 43.36 17.86 201.77 75.00 6,722.64 34.02 159.90 76.74 68.65 19.40 13,987.20 1,690,789.62 29.63 157.58 33.33 393.82 250.00 301.70 12.88 253.30 Check Total 2,582.03 276.77 6,756.66 50.00 324.69 13,987.20 1,690,789.62 29.63 190.91 393.82 250.00 314.58 253.30 Pages apChkLst Final Check List Page: 6 01/02/2004 10:36:23AM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 88984 01/02/2004 004261 VERIZON CALIFORNIA Dec xxx-2626 P.D. Satellite Stn 209.88 Dec xxx-9897 General Usage 90.48 Dec xxx-3526 Fire Alarm 85.52 Dec xxx-2676 General Usage 29.50 415.38 88985 01/02/2004 004789 VERIZON INTERNET SOLUTION Internet svcs:xx0544 69.95 Internet svcs:xx7411 69.95 139.90 88986 01/02/2004 003730 WEST COAST ARBORISTS INC Citywide Tree Trimming Maint Svcs 21,973.00 Citywide Tree Trimming Maint Svcs 5,670.00 27,643.00 88987 01/02/2004 004826 WEST COAST OVERHEAD DOO Res Imp Prgm: Jacques, Jesse & Ter 540.00 540.00 Sub total for UNION BANK OF CALIFORNIA: 2,081,442.59 Pages ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FIANCE� CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finan DATE: January 13, 2004 SUBJECT: City Treasurer's Report as of November 30, 2003 PREPARED BY: Pascale Brown, Senior Accountant lO Shannon Domenigoni, Accountant RECOMMENDATION: That the City Council receive and file the City Treasurer's Reportas of November 30, 2003. DISCUSSION: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of November 30, 2003. FISCAL IMPACT: None Attachments: City Treasurer's Report as of November 30, 2003 City of Temecula City Treasurer's Report As of November 30, 2003 Cash Activity for the Month of November. Cash and Investments as of November 1, 2003 Cash Receipts Cash Disbursements Cash and Investments as of November 30, 2003 $ 96,913,333 4,042,108 (4,270,213) $ 96,685,228 Cash and Investments Portfolio: Maturity/ Purchase Termination Markel Par/Book Type of Investment Institution Yield Date Date Value Balance Petty Cash City Hall n/a $ 1,500 General Checking Union Bank n/a 3,979,478 (1) Flex Benefit Demand Deposits Union Bank n/a 11,012 (1) Local Agency Investment Fund State Treasurer-LAIF L572% 59,956,586 (2) Federal Agency -Callable Federal Home Loan Bank 2.250% 522/2003 6/192006 990,310 1,000,000 Federal Agency -Callable Federal Home Loan Mortgage Co 2.000% 6/62003 6/302006 987,110 1,000,000 Federal Agency- Callable Federal Home Loan Bank 1.885 % 6262003 1232006 989,380 1,000,000 Federal Agency- Callable Federal Home Loan Bank 2.250 % 6262003 7242006 988,440 1,000,000 Federal Agency- Callable Federal Home Loan Bank 2.500 % 7/162003 8/142006 1,987,500 2,000,000 Federal Agency -Callable Federal Home Loan Bank 3.020% 9/302003 3/302006 1,001,250 1,000,000 Federal Agency -Callable Federal Home Loan Bank 3.350% 9/122003 9/122006 1,000,630 1,000,000 Checking Account- Parking Citations Union Bank n/a 2,625 Certificate of Deposit - Retention Escrow Community National Bank n/a 157,577 Bond Fund - CFD 88-12 U.S. Bank (Fist Am Treasury) 0.450 % - (Money Market Account) Delinquency Maintenance Account- CFD 88-12 CDC Funding Corp 5.430 % 9/12017 500,000 (Investment Agreement) Delinquency Maintenance Account - CFD 88-12 U.S. Bank (First Am Treasury) 0.450 % 497,972 (Money Market Account) Reserve Fund -CFD 89-12 CDC Funding Corp 5.430% 9/l2007 1,531,469 (Investment Agreement) Reserve Account - CFD 88-12 U.S. Bank first Am Treasury) 0.450 % 41,848 (Money Market Account) Special Tax Fund - CFD 01-2 U.S. Bank (First Am Treasury) 0.450 % 448,408 (Money Market Account) Admin Expense Fund - CFD 01-2 U.S. Bank (First Am Treasury) 0.450 % 473,609 (Money Market Account) Variable Bond Fund -CFD 01-2 U.S. Bank (First Am Treasury) 0.450% 2,745 (Money Market Account) Capital Interest Fund - CPU 01-2 U.S. Bank (Fust Am Treasury) 0.450 % 24,878 (Money Market Account) Interest Differential Fund - CFD 01-2 U.S. Bank (First Am Treasury) 0.450 % 130,942 (Money Markel Account) Capital Improvement Fund - CFD 01-2 U.S. Bank (First Am Treasury) 0.450 % 3,955,215 (Money Market Account) Page 1 Cash mid Investments Portfolio: Type of Investment Institution Yield Capital Interest Fund - CFD 03-1 U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) Reserve Fund - CFD 03-1 Federal Home Loans Bank 3.500 % (Investment Agreement) Reserve Fund - CPU 03-1 U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) City Improvement Fund - CFD 03-1 U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) Cal Trans Improvement Fund - CFD 03-1 U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) Acquisition Account Fund - CFD 03-1 U.S. Bank (Fast Am Treasury) 0.450 % (Money Market Account) Redemption Fund - CFD 03-04 U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) Reserve Fund - CFD 03-04 U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) Improvement Fund - CFD 03-04 U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) Cost of Issuance Fund - CID 03-04 U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) Interest Account -RDA TABS U.S. Bank (First Am Treasury) 0,470 % (Money Market Account) Reserve Account -RDA TABS U.S. Bank (First Am Treasury) n/a (Surety Bond) Project Account- RDA TABS U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) Project Account-RDATABs State Treasurer-LAIF 1.572% (Local Agency Investment Fund) Installment Payment Fund - TCSD COPS U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) Delivery Cost Fund-TCSD COPS U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) Project Fund - TCSD COPS U.S. Bank (First Am Treasury) 0.450 % (Money Market Account) Project Fund - TCSD COPS State Treasurer-LAIF 1.572 % (Local Agency Investment Fund) Purchase Date Maturity/ Termination Market Date Value 9/4/2008 (q-This amount is net of outstanding checks. (2)-At November 30, 2003 total market value (including accrued interest) for the Local Agency Investment Fund (LAIF) was $52,965,271,995. The City's proportianate share of that value is $60,055,769. 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 for the next six months. Par/Book Balance 44,587 860,000 4,574 1,503,858 1,001,037 2,290,995 9,060 99,553 1,040,573 3,542 ll I 89 7,426,851 66 2 9,487 2,775,078 $ 96,685,228 Page 2 ITEM 5 APPROVAL CITY ATTORNEY PW— DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: January 13, 2004 SUBJECT: Authorizing Investment of City Monies in the Local Agency Investment Fund PREPARED BY: Karin A. Grance, Revenue Manager�y RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING INVESTMENT OF CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND BACKGROUND: In February 1990, staff requested that the City Council participate in the Local Agency Investment Fund (LAIF) as a means of maximizing earnings on funds held in the city treasury. The City Council agreed to participate in LAIF by adopting Resolution No. 90-12 dated February 13, 1990. In this resolution, certain officials were named to have authorization to make changes, perform wires and request information. Since this time, the city staff has grown, departmental procedures have been implemented, and job duties have changed. In the process of trying to update information with LAIF to be consistent with procedures and job duties, LAIF is requiring that a new resolution be adopted by City Council, which updates the authorized staff to make changes, perform wires and request information. Attached for your adoption is a resolution authorizing the appropriate staff to have the ability to make changes to the LAIF account as well as deposit and withdraw monies. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 04- Resolution No. 90-12, dated February 13, 1990 R:\Agendw\03 Agendas\LAIF-reso .dx RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING INVESTMENT OF CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find that pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer. Section 2. The City Council does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein is in the best interests of the City of Temecula. Section 3. The City Council does hereby authorize the deposit and withdrawal of City of Temecula monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. Section 4. The following City of Temecula officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Shawn D. Nelson City Manager Name Title Signature James B. O'Grady Assist. City Manager Name Title Grant M. Yates Name Genie Roberts Name Asst. to the City Mgr. Title Director of Finance Title Signature Signature Signature R:/Resos 2004/Resos 04- PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 13`h day of January, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] 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. 04-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 13th day of January, 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2004/Resos 04- 2 RESOLUTION NO. 90-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING INVESTMENT OF CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND The City Council of the City of Temecula finds as follows: WHEREAS, pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government code for the purpose of investment as stated therein as in the best interests of the City of Temecula. NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby authorize the deposit and withdrawal of City of Temecula monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein. - BE IT FURTHER RESOLVED, that the following City of Temecula officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund. n n Ronald J. Parks Name Karel F. Lindeman Name F. D. Aleshire Name Mayor Title Mayor Pro Tern Title City Manager Title APPROVED AND ADOPTED this 13th day of Fe ary���- Ronald J. Parks, Mayor ATTEST: 04A44-14s�� F. D. Aleshire, City Clerk [SEAL] Rews 90-12 S ' ) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, F. D. Aleshire, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution 90-12 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 13th day of February, 1990, by the following Roll call vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindermans, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None F. D. Aleshire, City Clerk Rn B 90.12 ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council �n / FROM: Genie Roberts, Director of Finance �yt/ DATE: January 13, 2004 r SUBJECT: Financial Statements for the Three Months Ended September 30, 2003 PREPARED BY: Pascale Brown, Senior Accountant Shannon Domenigoni, Accountant RECOMMENDATION: That the City Council receive and file the Financial Statements for the three months ended September 30, 2003. DISCUSSION: The attached financial statements reflect the unaudited activityof the City for the three months ended September 30, 2003. Please seethe attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet Statement of Revenues, Expenditures and Changes in Fund Balance Combining Balance Sheet (Internal Service Funds Statement of Revenues, Expenses and Changes in Retained Earnings (Internal Service Funds) Combining Balance Sheet (Community Facilities Districts Statement of Revenues, Expenditures and Changes in Fund Balance (Community Facilities Districts) CITY OF TEMECULA Combining Balance Sheet as of September 30, 2003 and the Statements of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30, 2003 and the Statement of Revenues, Expenses and Changes in Retained Earnings For The Three Months Ended September 30, 2003 (Unaudited) Prepared by the Finance Department City of Temecula Combinine Balance Sheet As of September 30, 2003 Assets: Cash and investments Receivables Due firm other funds Advances to other funds Deposits Land held for resale Total assets Liabilities and fund balances Liabilities: Due to other funds Other current liabilities Deferred revenue Total liabilities Fund balances: Reserved Designated Undeslanated Total find balances Total liabilities and fund balances General Gas Tax State Trans Dev Impact CDBG Fund Fund Fund Fund Fund $ 23.985,755 $ 92,897 $ 12,988,127 4344,603 $ 451 315 51.187 1.432,097 124,744 3,183.130 29,471 S 33,375.055 $ 125,195 $ 93,212 $ 13,039,314 $ $ 7,600.786 8201,240 S 13.990.075 11,183,740 $ 125,195 $ $ 69,971 69,971 93,212 $ 12,969,343 25.173,815 125,195 93.212 12,969,343 S 33,375,055 $ 125,195 $ 93,212 $ 13,039,314 $ Please note that these balances are unaudited 0 City of Temecula Combining Balance Sheet As of September 30. 2003 Assets: Cash and investments Receivables Due from other funds Advances to other funds Deposits Land held for resale Total assets Liabilities and fund balances: Liabilities: Due to other funds Other current liabilities Deferred revenue Total liabilities Fund balances: Reserved Designated Undesintated Total fund balances Total liabilities and fund balances Please note that these balances AB 2766 AB3229 Measure A CIP Fund Fund Fund Fund Total $ 74,484 $ 3.819.942 $ 23,085.053 $ 64.046.258 234 15,759 70,971 4,883,520 361 221,746 1,878,867 3.657.815 3,183,130 29,471 $ 75,079 $ $ 4,057,447 $ 25,034,891 $ 75,800A93 $ 1,432.097 $ 1,432,097 3,470,972 11.071,758 2,073,287 2,743,712 6,976,356 15.247.567 $ 10,711,718 24,701,793 $ 75,079 $ 4,057,447 7,346,817 35,850,833 75,079 4.057.447 18,058,535 60,552,626 $ 75,079 $ $ 4,057,447 $ 25,034,891 $ 75.800,193 2 City of Temecula Statement of Revenues. Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Three Months Ended September 30. 2003 Annual Amended YTD Percent Budget Activity of Budget Revenues: Sales tax $ 23,400,000 $ 5,984,568 26% Developmental services: Planning 397.650 IOTI30 27% Building & safety 1,624,400 61T835 38% Land development 1.201727 882,804 73% (1) Fire 255,000 63,578 25% GRants 208,546 592 0% (2) Motor vehicle in lieu 3,779,330 374.656 10% (3) Property tax 2.602,180 2,117 0% (4) Property transfer tax 435,960 180,770 41% (5) Franchise fees 2,052.000 448,297 22% Transient occupancy tax 1,672.540 429,682 26% Reimbursements 196,800 57,930 29% Reimbursements from TCSD 162,000 40,500 25% Reimbursements from RDA 225,000 56,250 25% Reimbursements fromClP 1,674,908 359,719 21% htvestment interest 530,000 73,734 14% Business licenses 215,000 24.215 11% Vehicle code tines 439,230 61,612 14% Miscellaneous 51,500 2(578 40% (6) Parking citations/impound fees 103,000 17,972 17% Operating transfers in 1,631,700 380244 23% Total Revenues $ 42,860,471 $ 10,184,783 24% 3 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Three Months Ended September 30, 2003 Annual YTD Amended YTD Activity Percent Budget Activity Encumbr. k Encumbr of Budget Expenditures: City Council $ 421,750 $ 90,763 $ 2,009 $ 92,772 22% Community Support 454,700 122,928 144.716 26T644 59% City Manager 916,751 207,203 77.585 284,788 31% Economic Development 817,833 113,782 63,719 177 501 22% City Clerk 956.785 157,380 17,747 175,127 18% City Attorney 665,000 200,111 200,111 30% Finance 1,678,060 332,542 49,913 382,455 23% Humus Resources 441,480 92,365 71,631 163,996 37% Pluming 3,048,075 634,190 268,844 903,034 30% Building & Safety 2,251,503 443,610 262,075 705.685 31% Land Development 1,825,125 380,028 26,176 406,204 22% Public Works 5,355,808 959,551 612,348 1,571,899 29% CB'Admin 2,101,882 423,259 23,476 446.735 21% Police 11,340,085 2,908,646 87256 2.995,902 26% Fire Dept 4,255.823 1,025,070 102,664 1.127,734 26% Animal Control 132,000 21,740 21.740 16% Non -departmental 5,838,275 1,441,764 1,441,764 25% Total Expenditures (Excluding Transfers) 42,500,935 9,554,932 1,810,159 11.365,091 27% Revenues Over/(Under) Expenditures Operating Transfers Out Revenues Over/(Under) Expenditures and Operating Transfers Beginning Fund Balance, July 1, 2003 Ending Fund Balance, September 30, 2003 Notes: 359,536 629,851 2,166,955 2,166,955 (1,807,419) (1,537,104) 26,710,919 26,710,919 $ 24,903,500 $ 25,173,815 (1) The variance in Land Development is due to increasing activities in improvement plan check inspections and tract map plan checks during this quarter. (2) The variance is due to the Emergency Management grants scheduled to be received by the end of the second quarter. (3) The variance in Motor vehicle in lieu is due to the State Budget legislation impacts. Adjustments to this revenue line item will be addressed during the midyear budget process. (4) Property tax payments are scheduled to be received in December and January of this fiscal year. (5) The variance in property transfer tax is due increasing actives in real property sold in the City during this quarter. (6) The valance is due to the increasing activity in finger printing. (7) The variance is due to the encumbrances that are recorded for half of the year. (7) (7) (7) (7) 4 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund For the Three Months Ended September 30, 2003 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Section 2105-2107 $ 1,481,700 $ 363,270 $ 363,270 25% Investment interest 3,500 450 450 13% (1) Total Revenues 1,485,200 363,721 363,720 24% Expenditures: Operating transfers out 1,485,200 380,244 380,244 26% Revenues Over/(Under) Expenditures (16,523) Beginning Fund Balance, July 1, 2003 141,718 141,718 Ending Fund Balance, September 30, 2003 $ 141,718 $ 125,195 Notes: (1) The variance is due to low interest rates in LAIF during this quarter. 5 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual State Transportation Fund For the Three Months Ended September 30, 2003 Revenues: Investment interest Traffic congestion relief Total Revenues Expenditures: Operating transfers out Revenues Over/(Under) Expenditures Annual Amended YTD Total Percent _Budget Activity Encumbr. Activity of Budget $ 315 $ 315 315 $ 20,435 (20,435) 315 Beginning Fund Balance, July 1, 2003 92,897 92,897 Ending Fund Balance, September 30, 2003 $ 72,462 $ 93,212 315 Notes: (1) Due to the State budget impact, funds are not available for Street Traffic Congestion Relief during this fiscal year. (2) The variance is due to State Route 79 Sidewalk and Landscape improvement project budgeted from this fund has not been completed during this quarter. (1) (2) City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Development hnpact Fund For the Three Months Ended September 30, 2003 Revenues: (1) Open Space Investment interest Public facilities Quimby Street improvements Traffic signals Parks Corporate facilities Fire protection Library Public Art Police Total Revenues Expenditures: Operating transfers out Revenues Oved(Under) Expenditures Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $ 75,000 $ 42,923 $ 42,923 57% 51,187 51,187 682,500 639,652 639,652 94% 1,145,324 502,720 502,720 44% Z40,777 86,611 86.611 36% 914,195 783,097 783097 86% 389,836 125,934 125,934 32% 107,616 56,463 56,463 52% 354,787 135,289 135.289 38% 25,000 4,650 4,650 19% 9,305 9,305 3,935,035 2,437.831 2,437,831 62% 11,546,582 346,600 346,600 3% (7,611,547) 2,091,231 Beginning Fund Balance. July 1, 2003 10,878,112 10,878,112 Ending Fund Balance, September 30. 2003 $ 3,266.565 $ 12,969,343 Notes: (1) The variance in revenues is clue to higher than expected number of developers pulling of permits for U.S. Homes, Greystone, Temecula Ridge. KB Homes, Zam 11 Properties, and Lennar Homes during this quarter. 7 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Community Development Block Crram For the Three Months Ended September 30, 2003 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Grant revenue $ 386,964 Total Revenues 386,964 Expenditures: Other outside services 58,044 Operating transfers out 328,920 Total Expenditures 386,964 Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2003 Ending Fund Balance, September 30, 2003 $ $ Notes: (1) (1) The variance is due to Rancho California Sports Park ADA Access project which has been completed and will be submitting for reimbursement by the end of December 2003. At this time, no other projects have been completed. 8 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Aemat AB 2766 Fund For the Tluee Months Ended September 30, 2003 Revenues: AB 2766 Investment interest Total Revenues Expenditures: Operating trawlers out Revenues Oved(Under) Expeudimres Beginning Fund Balance, July I, 2003 Ending Fund Balatice, September 30, 2003 Annual Amended YTD Total percent Budget Activity Encunibr. Activity of Budget $ 70,000 p $ 234 $ 234 70,000 234 234 85,000 (2) 95,000 (15,000) 234 74,845 74,845 $ 59,845 $ 75,079 Notes: (1) Funds are expected to he received by the end of December 2003. (2) The variance is due to the Temecula park and Ride and the State Route 79 Sidewalk and Landscape improvement projects budgeted from this fund and have not been completed during this quarter. 9 City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 3229 COPS For the Three Months Ended September 30, 2003 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Total Revenues AB 3229 - COPS $ 145,000 Investment interest 1,500 146,500 Expenditures: Operating transfers out 146,500 Revenues Overl(Under) Expenditures Beginning Fund Balance, July 1, 2003 (1) Ending Fund Balance, September 30, 2003 $ $ Notes: (1) Funds are expected to be received by the end of January 2004. 10 City of Temecula Statement of Revenues. Expenditures and Changes in Fund Balance - Budget and Actual Measure "A" For the Three Months Ended September 30. 2003 Revenues: Measure "A" Investment interest Total Revenues Expenditures: Debt service - principal Debt service - interest Operating transfers out Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1. 2003 Ending Fund Balance, September 30, 2003 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $ 2.162,000 $ 630,469 $ 630,469 29% 15.760 15,760 2,162,000 646,229 646,229 30% 432,600 107,689 107.689 25% 134,000 33,868 33,868 25% 3,485,121 150,000 150,000 4% (I) 4,051,721 291,557 291,557 7% (1,889,721) 354,672 3,702,775 3,702,775 $ 1,813,054 $ 4,057,447 Notes: (1) The CIP projects (Diaz Road realignment to Vincent Moraga, French Valley Parkway/1-15 Overerossing . and Diaz Road extension to Cherry Street) are budgeted from this fund but have not yet started. City of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Three Months Ended September 30, 2003 Annual Amended YTD Total Percent Budget Activity Dicumbr. Activity of Budget Revenues:(1) Operating transfers in $ 26,468,740 $ 2.333,834 $ 2,331834 9% Grunts 1,282,403 Reimhursements 5,384,523 I nvestment interest 70,979 70,979 CFD Proceeds 33,115,483 Total Revenues 66,251,149 2,404,813 2,404,813 4%, Expenditures:(1) Murrieta creek bridge/Overland Ext 165-602 425,771 3,974 3.974 1 % Pauba Rd Improvements 11 165-606 7,016 358 6,197 6.555 93% Intersection monitoring ng system 165-607 518,769 20,272 496,644 516,916 100% Winchester Rd Widening 165-608 1,534,475 23,983 23,983 2% Rancho Ca Rd Wide/Ynez Rd 165-611 666,379 12,383 703,153 715,536 107% Guardrail Ins[alladon/Raindxiw Can 165-619 328,918 2,974 2,974 1% Jefferson Pavement Reltah 165-621 1,798,770 13,092 2.393 15,485 1% Median, Citywide 165-622 189,952 Rancho Ca wide old town front 165-624 892,300 750 149,385 150,135 17% 79 South Medians 165-625 875,103 2.571 198,097 200,668 23% Traffic Signal- Diaz @ Rancho Way 165-626 100,000 Bus Bench Upgrades 165-629 242,550 1,222 1.222 1% Pala Rd. bridge 165-631 48,191 1,181 46,990 48,171 100%, Diaz mahgauent 165-632 244.883 15.626 241 15,867 6%r Pavement nanagennevt 165-655 2.127,614 655,463 86,755 742,218 35% 115179S iterchange (ultimate) 165-662 2,952,501 1,034 4.855 5,889 0% Pula Road improvements 165-668 11,760,226 470,567 2,377491 2.848,058 24% Flashing heaconc 2000 165-670 20,000 Diaz road extension at Cherry St 165-684 120,794 114,257 114,257 95% 115/Santiago interchange 165-705 2,876 1,437 1,816 3,253 113% Rancho Ca Bridge/Murrima Creek wide 165-710 8.532,916 1,296,141 2.758.398 4.054,539 48% Traffic signal equipment installation 165-712 209,986 Localized Stony, Drain Imp 165-715 50,000 Date/Cherry Street S.B. off -ramp 165-719 3,429,103 46,528 338,716 385.244 11% Bridge Barrier Rail Replacement 165-722 246,632 797 20,666 21 A63 9% Butterfield Stage Rd Extension 165-723 18,375,000 Date/Cherry I-15 off -rump 165-726 5,865,402 133,467 587.187 720,654 12% John Warner/Santiago Rd 165-727 1,431,747 30,767 1,194,727 1,225,494 86% Fire Station Wolf Creek 165-733 2,611,748 1.889 53,905 55,794 2% 79S Sidewalk/Landscape 165-734 305,289 8,200 9.745 17,945 6%, Murricta Creek Imp 165-735 150.000 Info Systeuu 165-740 1,199 1,199 Fire Station - Roripaugh Ranch 165-741 3,049,180 Maintenance Facility Expansion 165-742 305,876 Mann St Bridge/Murriet Creek 165-743 250,000 2,939 12 City of Temecula Statement of Revenues. Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the T1u,ee Months Ended September 30, 2003 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Expenditures: (1) Traffic Signal - Meadows Pkwy @ La Serena 165-744 120,000 Traffic Signal - Meadows Pkwy @ Rancho Vista 165-745 160,000 Long Canyon Detention Basin 165-746 90,000 Temecula Park & Ride 165-747 275,000 Mwrieta Creek multi -purpose trail 190-142 484,396 17,392 199,854 217.246 45% Vail Ranch Park Site D 190-160 24,904 Children's museum 190-165 1,416,524 263,233 821.021 1,084,254 77% Community theater 190-167 3,785,142 14,524 95,853 110,377 3%a. Northwest sports complex 190-173 6,383.066 151,132 462,696 613,828 10%n RC Sports Park ADA access 190-180 60,171 33,669 7,097 40,766 68% Vail Ranch Amenities 190-182 305,265 4.523 4,314 &837 3% Mercantile Building Retrofit 190-183 313 (205) 313 108 35% Margarita Community Park Erosion Fence 190-184 90,000 Multi Trails System Citywide 190-185 30,000 Old Town Gymnasium 190-186 310,500 Rancho Ca Sports, Park Channel Silt 190-187 90,000 Vail Ranch Middle School Basketball 190-188 150.000 Veteran's Memorial Phase 1 190-189 200,000 Library 199-129 548,767 160,443 160,443 29% Total Expenditures (Excluding Transfers) 84,195,214 3,231,883 10,904,408 14,132,153 17% Revenues Over/(Under) Expenditures (17,944,065) (827,070) Beginning Fund Balance, July 1, 2003 18,885,606 18,885,606 Ending Fund Balance. September 30. 2003 $ 941,541 $ 18,058,535 Notes: (1) The variances in CIP Fund revenues and in project expenditures are due to the timing of when the various projects are actually started and costs are incurred. 13 Internal Service Funds Combining Balance Sheet As of September 30, 2003 Assets: Cash and investments Receivables Prepaid assets Property, plant and equipment (net of accumulated depreciation) Total assets Liabilities and fund equity: Liabilities: Current liabilities Capital leases payable Total liabilities Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total $ 1,514,455 $ 361,243 $ 897,165 $ 228,406 $ 106,608 $ 3,107,877 5,643 1,132 3,235 772 10,782 68,311 1,171 69,482 688,975 408,591 129,945 1,227,511 $ 1,588,409 $ 1,051,350 $ 1,308,991 $ 359,123 $ 107,779 $ 4,415,652 $ 260,527 $ $ 78,817 $ 15,696 $ 30,954 $ 385,994 135,426 135,426 260,527 78,817 151,122 30,954 521,420 Fund equity: Contributed capital Retained earnings 1,327,882 1,051,350 1,230,174 208,001 76,825 3,894,232 Total fund equity 1,327,882 1,051,350 1,230,174 208,001 76,825 3,894,232 Total liabilities and fund equity $ 1,588,409 $ 1,051,350 $ 1,308,991 $ 359,123 $ 107,779 $ 4,415,652 Please note that these balances are unaudited. 14 City of Temecula Statement of Revenues, Expenses and Changes in Retained Earnings Internal Service Funds For the Three Months Ended September 30, 2003 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Revenues: Charges for services $ 123,058 $ 71.760 $ 427,905 $ 64,960 S 116.642 $ 804,325 Investment interest 5,643 1,132 2,552 772 112 10.211 Miscellaneous 725 1,740 236 2,701 Total Revenues 129,426 74,632 430,693 65,732 116,754 817,237 Expenses: Salaries & wages 9,365 196,936 23,712 59,680 289.693 Operating expenses 114,848 160,638 19,205 57,074 351765 Interest 1,286 1,286 Depreciation 60,744 72,842 21,529 155,115 Total Expenses 124.213 60,744 430,416 65,732 116.754 79T859 Net Income (Loss) 5.213 13,888 277 19,378 Retained Earnings, July 1. 2003 1,322,669 1,037.462 1,229,897 208,001 76,825 3,874,854 Retained Earnings, September 30, 2003 $ 1,327,882 $ 1,051.350 $ 1,230,174 $ 208,001 $ 76,825 $ 3,894,232 15 Couatultity Facilities Districts Coubining B dame Sbeet As of Septeltber 30. 2003 CFD 88-12 CFD 01-2 CFD 88-12 CFD 01-2 CFD 98-01 CFD 03-1 CFD 113-04 Adnun Harveston Debt Debt Aduun Crowoe Hill John Warner Expense Inprovenent Service Service Expense Reserve Deb( Service Fund Fund Fund Fund Fund Fund Food Assets: Cash and investnents S 35.344 $ 4,613,945 $ 2,695,175 $ 1,506,092 $ 11,367 $ 5,893,610 $ 111,000 $ 14,755,533 Receivables 2,688 1,667 55 102 4,512 Total assets $ 35,344 $ 4,613,945 2,697,863 $ 1,507,759 $ 11,422 $ 5,883,712 10,000 $ 14,760,045 Liabilitiesand fiord balances: Liabilities: Current liabilities $ 5229 $ 2,497 $ 8,735 $ 16,461 Total liabilities 5.229 2,497 8.735 16,461 Fund balances: Reserved Designated 30.115 4,613,945 2,695,366 1,499,024 11,422 5,883,712 10,000 14.743.584 Total fund balances 30,1 t5 4,613,945 2,695,366 L499,024 11,422 5,883,712 10,1Hu1 14,743584 Total liabilities and fund balances $ 35,344 $ 4,613,945 $ 2,697,863 $ 1,507,759 $ 11,422 $ 5,883,712 $ 111,000 $ 14,760,045 Please note that these balances are unaudited. 16 City of Temecula Statement of Revenues. Expenditures and Changes in Fund Balance Comomaity Facilities Districts Per the I hrec Months Ende<I September 30, 2003 CFD 8842 CFD 01-2 CFD 8 8- 12 CFD 01-2 CFD 98-1 CFD 03-1 CFD 03-04 Adniln Harveston Debt Debt Adnrin Crone Hill John Wamer Expense Improvement Service Service Expense Reserve Debt Service Fund Fund Fund Fund Fund Fund Fund Total Revenues'. Investment interest $ 194 $ 5,769 $ 56,948 $ 3,093 $ 55 $ 2,614 $ 68,673 Reimbursements Special assessments 1,790 $ 10,000 11,790 Bond Proceetis 12,205,000 12,205 000 Operating Transfers In Total Revenues 1,984 5,769 56,948 3,093 55 12,207,614 10,000 12,285,463 Expenditures: Legal semces Otberoutside services 10,800 19,985 6,323,902 6,354,687 Debt service- principal 700,000 700,000 Debt service - interest 414,469 42,578 457,047 Bmid Prenunm Expense Operating Transfers Om Total Expenditures 10,800 1,114,469 62,563 6,323,902 7,511,734 Revenues Over/(Under) Expenditures (8,816) 5,769 (1,057,521) (59,470) 55 5,883,712 10,000 4773,729 Bcginning Fund Balance, July 1. 2003 38,931 4,608,177 3,752,887 1,559,494 11,367 9,969 856 Ending Fund Balance, September 30. 2003 $ 30,115 $ 4,613,945 2,695,366 $ 1,499,024 $ 11,422 $ 5,883,712 $ 10,000 $ 14,743,584 17 ITEM 7 APPROVAL CITY ATTORN EY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: illiam G. Hughes, Director of Public Works/City Engineer DATE: January 13, 2004 SUBJECT: Authorize Temporary Street Closures for Good Old Days Car Show 2004 Event in Old Town. (Old Town Front Street, between Moreno Road and Second Street, and other related streets) PREPARED BY: t1fRonald J. Parks, Deputy Director of Public Works It.Steve Charette, Associate Engineer. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR OLD TOWN FRONT STREET AND ABUTTING STREETS FROM SECOND STREET TO MORENO DRIVE EAST FOR THE GOOD OLD DAYS CAR SHOW 2004 EVENT ON FEBRUARY 27, 28 AND 29, 2004, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT BACKGROUND: The first Annual Good Old Days Car Show necessitates the temporary closure of Old Town Front Street between Second Street and Moreno Drive East as well as abutting streets in the Old Town area on February 27, 28 and 29, 2004 to accommodate and provide the "Street Scene" ambience that allows the free movement of pedestrian traffic by minimizing potential vehicular -pedestrian conflicts. The event times will be from 4:30 PM to 8:00 PM on Friday night and 5:00 AM to 5:00 PM for both Saturday and Sunday of the event. Motorists will be detoured through Mercedes Street. The event will accommodate designated handicap parking. Under Vehicular Code Section 21101, 'Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public right of way. While a process was established for reviews and approvals, no mechanism was provided for delegating authority to temporarily close streets, or portions of streets, for these special events. 1 R:\AGENDA REPORTS\2004\011304\GOOD OLD DAYS CAR SHOW.CLOSURE.doc The recommended resolution delegates the authority to approve temporary street closures for the Good Old Days Car Show 2004 Event sponsored by Central Cost Productions, Inc. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21101. The sponsors of the Good Old Days Car Show Event propose street closures as follows: Old Town Front Street between Moreno Road (E) to Second Street from 4:30 PM to 8:00 PM on Friday, February 271h and 5:00 AM to 5:00 PM on both Saturday, February 281h and Sunday, February 291h,2004. Vehicles will be detoured through Mercedes Street. In addition, portions of Sixth Street, Fifth Street, Fourth Street, Third Street, and Second Street will be closed (See Attached Exhibit). Main Street will be closed from Mercedes Street to the southwesterly side of the Main Street Bridge. Access is provided to handicap parking lots located at Sixth Street and Mecerdes Street and at First Street and Old Town Front Street. Show car parking will be at designated parking lots and along both sides of Old Town Front Street as shown on the attached Location Map. FISCAL IMPACT: Estimated costs for the Public Works Department Maintenance Division support is estimated at $3,800.00. Adequate funds are available in Account No. 001-164-601-5402. II§IETH:h`,I:12k16r 1. Resolution No. 2004-_ 2. Location Map 2 R:\AGENDA REPORTS\2004\011304\GOOD OLD DAYS CAR SHOW.CLOSURE.doc RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR OLD TOWN FRONT STREET AND ABUTTING STREETS FROM FIRST STREET TO MORENO DRIVE EAST FOR THE GOOD OLD DAYS CAR SHOW 2004 EVENT ON FEBRUARY 27, 28 AND 29, 2004, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula desires to authorize the closure of public streets for the Good Old Days Car Show 2004 Event sponsored by Central Coast Productions, Inc. forwhich such temporary street closures promote the safety and protection of persons using or proposing to use those streets for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public streets, specifically Old Town Front Street between Second Street and Moreno Road east as well as portions of Sixth Street, Fifth Street, Fourth Street, Main Street, Third Street, and Second Street for the Good Old Days Car Show 2004 Event; and, NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for the Good Old Days Car Show 2004 Event sponsored by Central Coast Productions, Inc., and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures for the Good Old Days Car Show 2004 Event, and establishes the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 13th day of January, 2004. ATTEST: Susan W.Jones, CMC, City Clerk Michael S. Naggar, Mayor 3 R:\AGENDA REPORTS\2004\011304\GOOD OLD DAYS CAR SHOW.CLOSURE.doc [SEAL] 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. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 131h day of January, 2004, by the following vote: AYES: 0 COUNCILMEMBERS NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: 4 R:\AGENDA REPORTS0004\011304\GOOD OLD DAYS CAR SHOW.CLOSURE.doc 11 s E m m F 3 s 1E DO - 0 3 O n�E. _ !'O' __ :____ C_ __ '" __ _ ••ee••^^•• � � g C'e0C�9n A.'..'SR �9• gge 3 g € yLLe ! (ja 888 cg F@g: e'a e w S g9e3 $g $ y; �yyFE�j g 3 OU eoo a19 Q � r grg r ♦Z`_ `"Mimi 6[ 6 € i 5 Sag a 8 9'1;15NAZILLSad o T"e M33e3E3ygn .1:2 (7 ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER / CITY OF TEMECULA AGENDA REPORT TO: ity Manager/City Council FROM: I-Vi 1�Villiam G. Hughes, Director of Public Works/City Engineer DATE: January 13, 2004 SUBJECT: Acceptance of certain Public Streets into the City -Maintained Street System within Parcel Map No. 23101-6 (South of La Serena Way, East of Meadows Parkway, West of Butterfield Stage Road, and North of Rancho California within Chardonnay Hills Subdivision) PREPARED BY: 81 Ronald J. Parks, Deputy Director of Public Works a(,Steve Charette, Associate Engineer RECOMMENDATION: That City Council adopt a resolution entitled: RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED STREET SYSTEM (WITHIN PARCEL NO. 23101-6) BACKGROUND: Parcel Map No. 23101-6 was recorded by the County Recorder on November 29, 1999. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed. However, the one-year Warranty Bond and the Labor and Materials Bond have not been released. The Warranty Bond will be released at the end of the one-year period on October 30, 2004. The Labor and Material Bond six months into the one-year warranty period on April 30, 2004. The public streets now being accepted by this action are Parducci Lane, Burgess Court, and portions of Promenade Chardonnay Hills and Culbertson Lane. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENT: 1. Resolution No. 2003-_ with Exhibits "A-B", inclusive. 2. Vicinity Map RAAGENDA REPORTS\2004\011304\TM23101-6 Smcc ccepmnce.do RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED STREET SYSTEM (WITHIN PARCEL NO. 23101-6) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, On November 29, 1999, the County Recorder recorded Parcel Map No. 23101-6 in which an offer of dedication for street and public utility purposes was accepted by the City of Temecula from Marlborough Development Corporation, a California Corporation, and Lennar Homes of California, Inc. a California Corporation: and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed: and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining tot his tract have not been released: and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City -Maintained Street System the streets and portions of streets offered to a nd accepted b y t he C ity of Temecula d escribed i n E xhibits "A" a nd "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 13th day of January, 2004. ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor 2 R:\AGENDA REPORTS\2004\011304\TM23101-6 Smec ccept nce.doc 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. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on 131h day of January 13, 2004, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 3 RAAGENDA REPORTS\2004\011304\TM23101-6 StreetA pU.c.dm EXHIBIT "A" TO RESOLUTION NO. 2004- Accepting several of the public streets offered to and accepted by the City of Temecula as indicated on Parcel Map No. 23101-6 into the City -Maintained Street System as described below: Those portions of Parcel Map No. 23101-6 in the City of Temecula, County of Riverside, as filed in Book 286, Pages 30-35 Inclusive, of Maps, in the Recorder's Office of said county, particularly described as follows: 1. Lot "A" (Parducci Lane) of said Parcel Map No. 23101-6. 2. Lot "B" (Portion of Promenade Chardonnay Hills from Parducci Lane to western tract boundary) of said Parcel Map No. 23101-6. 3. Lot "C" (Portion of Culbertson Lane from Promenade Chardonnay Hills to Burgess Court) of said Parcel Map No. 23101-6. 4. Lot "D" (Burgess Court) of said Parcel Map No. 23101-6. 4 R:WGENDA REPORTS\2004\011304\TM23101-6 SmetAccepmnce.doc EXHIBIT "B" TO RESOLUTION NO. 2004- VICINITY MAP TRACT NO. 23101-6 KING A LsaNWN W A PNMON W PARM 1 AND A PMWN Of lm'C' a PALY.ZL MAP NO. 2 AS sIKAI ON AIL IN IINN Ia C' PAAM NAP; Ar PAM w TIRQIWI ss 1N[IKfI. WC WN a MN:IISIoc CWNIY, WNINA LNAM IN IINICNO TYC MAY CROUP DUNE. 1998 O IN ZOO Jim A00 SCALE : 1' - JOW TRACT 23101-1 � \\ 2O , - � MB 228/16-21 2e Y / \ 2J ITEM 9 CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: I City Manager/City Council FROM: " Y v� William G. Hughes, Director of Public Works/City Engineer DATE: UU January 13, 2004 SUBJECT: Parcel Map No. 29949, Lot No. 1 - Approval of Subdivision Improvement Agreement and Acceptance of Bond for Driveway Improvements (Property Located at the Easterly Terminus of Lolita Road) PREPARED BY: 0 Ronald J. Parks, Deputy Director of Public Works It -Steve Charette, Associate Engineer RECOMMENDATION: That the City Council 1) approve the Subdivision Improvement Agreement and 2) accept the Faithful Performance Bond as security for the agreement. BACKGROUND: On June 12, 2001, the City Council approved Parcel Map No. 29949 in conformance with the conditions of approval. Parcel Map No. 29949 is a (1) parcel residential subdivision of 20 net acres. The owner has completed the site grading and has applied for a building permit. Although the grading is complete the driveway has not been installed. In lieu of installing the driveway prior to issuance of a building permit, the owner has submitted a surety bond to secure the driveway installation. A Subdivision Agreement and Surety Bond were secured by the owner and are on file with the City Clerk of the City of Temecula as follows: Robert Craig 30865 Lolita Road Temecula, CA 92592 for the driveway improvements. Accompanying the subdivision agreement was a surety bond posted by Contractors Bonding and Insurance Company as follows: Faithful Performance Bond No. CD 6012 in the amount of $4,800.00 for driveway improvements. The Faithful Performance Bond will be held until and upon satisfactory completion of the driveway improvements. FISCAL IMPACT: None ATTACHMENTS: Subdivision Improvement Agreement 2. Faithful Performance Bond R:\AGENDA REPORTS\2004\011304\PM29949.AgreementBonds.DOC RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Susan W. Jones, CMC City Clerk CITY OF TEM ECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589.9033 CITY OF TEMECULA SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: ZS ; Zoo 3 NAME OF SUBDIVIDER: t�oe>a GjcAI & (referred to as "SUBDIVIDER") NAME OF SUBDIVISION: GP -A 16 iZEI�I pF_r� - (referred to as "SUBDIVISION") TRACT NO.: �M .Z 9 cf *q I- i * I TENTATIVE MAP RESOLUTION OF APPROVAL NO. OR PLANNING APPLICATION NO.: QAOO- 05SS (referred to as "Resolution ofApproval") ESTIMATED TOTAL COST OF IMPROVEMENTS: $ 49 oo q-0 ESTIMATED TOTAL COST OF MONUMENTATION: $ COMPLETION DATE: AU 6 Z8Zdo4 NAME OF SURETY AND BOND NO. FOR SUBDIVISION MONUMENT BOND (Include name, address, phone number and point of contact for surety company): a%t/QAG72>QS Pzhl17ll !b AAIC7 Z 13 VAt-rLEy Pi G'OHOa.1 FOXE H-3, MA26A9crA-rH005F l 67a) 74f2- gOOO REVISED: 7/1/M3 R:%LANDDEV\FORMSWGREEMENTS\Subdivision Improvement AMe,nentdm .SUBDIVISION IMPROVEMENT AGREEMENT Page: 2 of 11 This agreement is made and entered into by and between the City of Temecula, California a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws". B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this agreement by reference. C. 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 the improvements and land development work required by the Subdivision Laws and the Resolution of Approval or, (b) have entered into a secured Agreement with CITY to complete the improvements and land development within a period of time specified by CITY. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER'S own expense, all the public improvement work 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 Attorney. E. Complete Improvement Plans for the construction, installation and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer. The Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost of construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and had been approved by the 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. G. The CITY has adopted standards for the construction and installation of improvements within the CITY. The Improvement Plans have been prepared in conformance with the CITY standards in effect on the date of approval of the Resolution of Approval. H. Within thirty (30) days after completion of the required improvements and their acceptance by CITY, it is necessary that certain monuments and stakes as specified on the final map for the SUBDIVISION, shall be installed and, also, that street signs be placed at intersections. REVISED: 7/12003 R:V.ANDDEVIFORMS WGREEMENTS�Subdivision Improvement Agreement.dm SUBDIVISION IMPROVEMENT AGREEMENT Page: 3 of 11 I. 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 SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER'S failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of the improvements 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. NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obligations to Construct Improvements. SUBDIVIDER shall: a. Comply with all requirements of the Resolution of Approval, and any amendments thereto, and with provisions of the Subdivision laws. b. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the public improvement work required on the Tentative Map and Resolution of Approval in conformance with the Improvement Plans and the CITY standards. C. Prevailing Wages. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Street Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this 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. SUBDIVIDER shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rate as a minimum. SUBDIVIDER shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, SUBDIVIDER shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. d. Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans and CITY standards. e. Acquire and dedicate, or pay the cost of acquisition by CITY, of all right-of-way, easements and other interests in real property for construction or installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER'S REVISED: 7/12003 R:U.ANDDEV\FORMMGREEMENTSSubdivision Improvc=ut A&==nt.dm SUBDIVISION IMPROVEMENT AGREEMENT Page: 4 of11 obligations with regard to acquisition by CITY of off -site right-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorizations to accommodate the SUBDIVISION. f. Install all SUBDIVISION monuments required by law within thirty (30) days after the completion and acceptance of the public improvements by the CITY. g. Install street name signs conforming to CITY standards. If permanent street name signs have not been installed before acceptance of the improvements by the CITY, SUBDIVIDER shall install temporary street name signs according to such conditions as the City Engineer may require. 2. Acquisition and Dedication of Easement of Ri hg t-of-Way. If any of the public improvement and land development work contemplated by this Agreement is to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY of appropriate right-of-way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate right-of-way, easements or other interests in real property, as determined by the City Engineer, or C. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. To assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and C. To guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the improvements; and REVISED: 7/I/M3 R:V.ANDDEVIFORMSWGREEMENTS\Subdivision rov =ntA Imp gumentdac SUBDIVISION IMPROVEMENT AGREEMENT Page: 5 of 11 d. SUBDIVIDER shall also furnish to CITY 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. 4. Alterations to Improvement Plans. a. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the improvements, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvements, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the improvements in accordance with the CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety and welfare or comply 5. Inds ection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspector and to the shops wherein any work is in preparation. 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 public improvements to the City Council. No improvements shall be finally accepted unless aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by the City Council of CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The City Engineer may release a portion of the security given for faithful performance of improvement work as the improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less than 25% of the total improvement security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total improvement security given for faithful performance until final completion and REVISED: 7/1/2003 R:U.ANDDEVIFORMS\AGREEMENTS\Subdivision Improvement Ag =Dt.dm SUBDIVISION IMPROVEMENT AGREEMENT Page: 6 of 11 acceptance of the improvement work. In no event shall the City Engineer authorize a release of the improvement security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for who lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all the work and improvements by the City Council. e. The CITY may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Injury to Public Improvements, Public Property or Public Utility Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utility facilities 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 by any combination of such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER. a. Default of SUBDIVIDER shall include, but not limited to, SUBDIVIDER'S failure to timely commence construction of this Agreement; SUBDIVIDER'S failure to timely complete construction of the improvements; SUBDIVIDER'S failure to timely cure any defect in the improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance on lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. REVISED: 7/1/2003 R:tLANDDEVWORMS\AGREINWNTSNSubdivision Impmve=nt Ag==nLdx .SUBDIVISION IMPROVEMENT AGREEMENT Page: 7 of 11 b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of 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 improvement plans and specifications contained herein. C. 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 SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. d. 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 event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. g. 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. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where certain improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, fumished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, REVISED: 7/I/2003 R:LL.ANDDEV\FORMSWGREEIv1ENTS\Subdivision Improvement Ageem adm SUBDIVISION IMPROVEMENT AGREEMENT Page: 8 of 11 SUBDIVIDER hereby authorizes CITY at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S and agrees to pay the cost of such work by CITY. Should the CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury 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 improvements constructed or installed. 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. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to Agreements concurrently or previously executed between the parties, or from entering into 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. 14. SUBDIVIDER'S OBLIGATION TO WARN PUBLIC DURING CONSTRUCTION. Until final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownershia, Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by City Council upon recommendation of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within thirty (30) days from the date the City Engineer certifies that the work has been finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes 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 design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting REVISED: 7/12003 R:\LANDDEV\FORMSWGREEMENTS\Subdivisioo Improvement Age =M.dm SUBDIVISION IMPROVEMENT AGREEMENT Page: 10 of 11 21. Legal Responsibilities. The SUBDIVIDER shall keep itself informed of all local, State and Federal Laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The SUBDIVIDER shall at all times observe and comply with all such laws and regulations. The CITY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the SUBDIVIDER to comply with this section. 22. 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. 23. 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 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Contact Name: f2eeee7r Gr-A I !� Company Name: Address: (moot- t`rA 2t7 LA C� Telephone No.: (907 z 24. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. 25. CCa tions. 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. 26. 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 attorney's fees. 27. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement. 28. 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 Manger. REVISED: 7/lr"3 R:U.ANDDEV\FORMSWGREEMENTWubdivisiou Improvement Agreermutdm ...SUBDIVISION IMPROVEMENT AGREEMENT Page:11 of 11 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. SUBDIVIDER* By; " Name: Title: OG M16'k M Name: Title: (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) * Two signatures are required for corporations unless corporate documents are provided that indicate otherwise. CITY OF TEMECULA Susan Wilones, CMC City Cle M. F.M William G. Hughes Director of Public Works/City Engineer APPROVED AS TO FORM: By: eter M. Thorson City Attorney REVISED: 711r"3 R:U.ANDDEVNMRMMGREEMENTS\Subdivision Improvement Ag==W.dw CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Q uvv5 , j it� On -L' to before me, . Date ^ personally appeared M 7CwEVnErNNM. eDVl1 1ptlgiii, 14M18 01 MO 2no�� I ss. Name and Title of Officer (e.g.. "Jane Doe, Notary Public") Gf Name(s) t Signers) ❑ personally known to me improved to me on the basis of satisfactory evidence to be the persons) whose name(s) islare- subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in hislherttfseir authorized capacity(ies}, and that by hisAierftheiT signature(s) on the instrument the person(s), or the entity upon behalf of which the persoaW acted, executed the instrument. WITNESS my hand and official seal. _3 f-- r iL 3",- Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 1 Title or Type of Document: i4'S r""uW\e Document Date: P \ I- D 2 &0� Number of Pages: t' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Q/Individual Top or thumb Here (� Corporate Officer — Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 019M National Notary Assatiatoo • 9350 De Soto Ave., P.O. Box 2402 • C Iinaonh, CA 91313-2402 • xwa.natimalnotary.org Prod, No. 5907 Aro cer, Call Toll Free 1-3004176 8 7 BOND NO. CD 6012 PREMIUM: $100.00 EXECUTED IN ONE ORIGINAL CITY OF TEMECULA SUBDIVISION FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, and BOB ° AND LISA CRAIG (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 20l, and identified as Project 11LD02-013GR is hereby referred to and made a part hereof; and PM 2 99 /+9 WHEREAS, Principal is required under the terms of the agreement to furnish abond for the Faithful Performance of the agreement: NOW, THEREFORE, we the Principal and CONTRACTORS BONDING AND INSURANCE COMPANY as surety, are held and firmly bound,unto the City of Temecula, California, in the penal sum of S 4,800.00 lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. 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 attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RaVLM: 01/11/r00r F ANDDEVRORMS/BONllSCBRTVICAM OF DEPWR/SURDFMON FAII'ML FEKFORMAN®BOND city of Temearfn Subdividon Faithf d Performance Bond Page 2 of 2 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on AUGUST 28 .2CQ3-. [SEAL) SURETY [SEAL] CONTRACTORS ING AND BOB A C INS E i r By: (Name) (Name) MA/ ARETA T. THORSEN, ATTORNEY -IN -FACT />LJ (TStle) (Tttl ) By: (Name) Jl1 W (Tide) *Two signatures are required for corporations unless corporate documents are provided that indicate otherwise. APPROVED AS TO FORM: Peter M. Thorson, City Attorney TUNER®. 01AW 07 8YAMDDEVAVRMSS0MS.CMTMCATE OF DMWUfStllfDlytgq•I FAMEM PMMRMAKMDOND CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of LOS ANGELES On AUGUST 28, 2003 , before me, EMILY PRECIADO, NOTARY PUBLIC Dale Name aM Title of Ofoer (e.g., 'Jane Doe, Notary Public] personally appeared MARGARETA T. THORSEN Name(s) of Signer(s) EMILY PRECIADO Cornmission 7 1361551 i QF&Comm, NotaryPublic—Califomia Les Angeles County Fires Jun 20, 2L% IN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand a official seal. Place Notary Seal Above Si re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Ttle(s): ❑ Partner —❑ Limited ❑ General 19C Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 0 1999 National Notary AAmmiatim • 9= Do Solo Ave.. P.O. ea, 2402 • Chaeleonh. CA 91313 2a62 • awe.rationalmtary.oq P,od. No. SW7 FeoNec Call Toll -Free Fag 768 27 11 I?I.AI) CART-FVIJ 1— Io he n.crd only milli Ilse hand spetilied herein CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California K W� e«j I d-c— } ss. County of ) On —, before me, J �Z-/�'/ �tV C fJ' S / Date p Nam. and Title of OTcer (e.g.,'Jane Goe ary Public personally appeared /?A-e ✓ �Fhf) e L! j16 ❑ personally known to me Cxyproved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are VMN M. MU NI SR. subscribed to the within instrument and co^^a"^ a "tttvla acknowledged to me thaLbeishe/they executed county the same in hiefher/their authorized c01 Mor2&1W7 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document pp Title or Type of Document: ,yam'', Document Date: A', 9� -Ls .Z� 3— Number of Pages: 2�_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Cdividual orporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGNT THUMBPRINT OF SIGNER 0 1999 National No18ry Association • 9360 Do Soto Ave., P.O. Box 2402 • ClauN arl i, CA 913133402 • wmv.,ational,wlary.or9 Prod. No. 5907 - Reorder Cell Toll -Free 1-e00A]64i62] Surety Bond Review The attached surety bonds (Contractors Bonding and Insurance Company) have been reviewed. (Bob and Lisa Craig) Bond Amount CD 6012 $ 4,800.00 UThe surety company is an admitted company in the State of California 2The admitted company was verified at www.insurance.ca.gov/docs/fs/admifted.htm ❑The surety company is not an admitted company in the State of California Surety bond reference is A.M. Best 2003 version 071400 (A:FSC VI) Verified by: GGus pP as golos, Fiscal Services Manager Approved As to Form: §P&�— Peter M. Thorson, Attorney ?ompany Profile Pagel of 2 Company Profile InsTrZance CONTRACTORS BONDING AND INSURANCE COMPANY P O BOX 9271 SEATTLE, WA 98109-0271 800-765-2242 Former Names for Company CONTRACTORS BONDING AND INSURANCE Old Name: COMPANY DBA CBIC BONDING AND INSURANCE Effective Date: 12-31-1992 COMPANY Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 37206 NAIC Group #: 0000 California Company ID #: 3000-7 Date authorized in California: May 31, 1985 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: WASHINGTON Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BURGLARY FIRE LEGAL INSURANCE LIABILITY ITEM 10 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: ity Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: January 13, 2004 SUBJECT: Tract Map No. 29798-2, Located South of Loma Linda Road, East of Pechanga Parkway, North of Wolf Valley Road, in the Wolf Creek Specific Plan No. 12 EIR PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Map No. 29798-2 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Tract Map No. 29798-2 is located within Tract 29305-1 of the Wolf Creek Specific Plan No. 12. As part of Specific Plan, Tract Map No. 29798-2 is subject to all Specific Plan Amendments and Agreements. January 23, 2001 the City of Temecula approved tract 29305-1 and on November 7, 2001 they approved Tract 29798 and their conditions of approvals. Final Tract Map No. 29798-2 is a subdivision with fifty-seven (57) single-family residential lots. The tract is located South of Loma Linda Road, North of Wolf Valley Road East of Pechanga Parkway. The site is currently vacant. The owners of the property is Wolf Creek Development, LLC, A California Limited Liability Company has met all of the Conditions of Approval. This final map is in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. The following fees have been deferred for Tract Map No. 29798-2 Development Impact Fee due prior to issuance of building permit. FISCAL IMPACT: None rAagdrpt%04/tm29798,-1,-2,. map ATTACHMENTS: 1. Development Fee Checklist 2. Project Vicinity Map 3. Tract Map No. 29798-2 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29798-2 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit rAagdrpt\041tm29798; 1,-2,.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRArT MAP NO. 29798-2 DATE: January 13. 2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL SECURITY & LABOR Street and Drainage $ 450,500 $ 225,250 Water $ 149,500 $ 74,750 Sewer $ 140,000 $ 70,000 TOTAL $ 740,000 $ 370,000 Monument $ 11,000 j - 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 $ 0.00 $ 158.00 $ 8.00 $ 2490.00 $ 550.00 $ 1,972.00 $ 1,234.00 3 r:\agdrpt\04/tm29798,-1,-2,. map PROJECT SITE TR. 29798-2 PL REDWOOD RD. VALLEY RD. CREEK DRIVE N. �- DEER HOLLOW WAY RAINBOW CANYON \ RD. 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N v >q (3zlaciN) w Qg 4 ) O r X 0 bpi m O n r\ n N ( 1•��d pY 4 U V bIq N< z o�•r 00�:� &• 0 LL Z �o mom/ n N oSS\ ,yy d V e 3 by z d n a P 1 y tyON }'� f 4 m afm �6p (N29a'3.E) USX �U n oo �•5• 0 R/ 'R S o� a P — 8 m x u n I y X g 'y' IF v .er IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 4 OF 6 SHEETS BASIS TRACT No. 29798-2 � M 3 FOR ENGNEEA'S NO SGS NO BEING A SUBCPA90N OF LOT 10 OF TRACT MAP NO 29305-1 AS SHOWN BY NO ON ME N BOON M PACES U-M IN=SPF OF MAPS. RECOROS OF MYERSIOE C MTY. CAt1FORNIA. LCMIR + ASSOCIATES INC, DUNE �2003 1 \ l/ 0 4D 60 160 / �,•p 3y5 j Pp N2 n G9 E SCALE: 1' = 40' 0. RO P M161 / $' RldM1ti Bh. Zm 53 \Z / 52 5 N133°020,2�3• \.� �.y! / 50 ` � �J1�• N]0'39' \ 20.00' .W J N _ NS �6B \ \ \ ( ) gUOO (N1211}}61'3W (R)) \ 40 \ ,y 'a Net m� \ \ cSal \ may v1 77 1 3 rf \ \^ � $ NUMBER DELTA ANGLE RADIUS [ARC LENGTH CI 4BYI5.51. MOO 4265 C2 RW" WOO 33.05 C3 A4m'36' MOO M54 C4 6T2o'11 MOO 56)6 C5 1221'42 50.00 t1.66 CB 1615'3T MOO M38 C) 1615'3 IOOm 28.38 CS 0 3'0T 270.00 44.23 C9 05'30120• 2)0.00 3U.68 = 1113'36' MOO 64.66 C11 041T26 MOO 25.67 C12 6856'39• 50.04 60.19 C13 W4r41 •A.CO 47.82 014 7035'06- WOO 61.60 CI5 18w 46' MOO 15." Lib 1695'0 100.00 38.30 CI) 05'4T12- 530.00 153.53 78 02-41-W MOO 24.92 C19 03W 3]• 530.00 2B60 C20 O5'4 12' 470.0 4).4) C2t 06' 55' J30.Oo 37.N C22 mu'10 mom 5.39 C23 0215.15 300.00 11.80 C24 1533 2r 300.00 B3.20 C25 GS4Y12 500.00 50.50 C26 1513'16- 300.00 M57 C27 OB"22C6 3MOO J6.66 .C28 O9TR'10 330.00 51.95 C29 0012'25 3MOO 1.10 CJ11 027817 996.73 42.99 CI1 021T46 !000100 42.99 C32 031T00 106300 60.93 C31 O4W4r SM00 22.9J 4 O8'4fl Io0.00 15.22 OT32'2 100.W IJ.16 0 i • JU g�. 3 2 n �, \\s�SOL� Nzeas3o�UR1� _ g D'A 44 45 •P' \\ate 6� �. y, 46 N1071�16' �£47 £ N15'39'fi0' SS aSE _ H'19'2551) �R 6i 11.'n' •i E Ny5'39 6A50 610 Y 9 48 N365 h5 y 1z1r �� � i 38 :3 i $� 37 ' N°'` °s6 36 e' "RcI' CJP'� . 6 g 35 ,T6 a: 34 2ga5wE1B.G2'. 27 3. N3011'20 W.e 191 �4mLl ` a ,Pyy p,�1 y ry 1 C + AI � \Z L' n�N�m ig nI %TI f'1Y ' N46s.38' 12.J8' -00 .41 1 r Jo.00_ R1 JN00 19.W C18 <19 1839 73.00' LOT "F° -8H43U!eE i PLACE i- N4=2'24-E 7... 92.29- m 29 30 LOT 5 T'RM R0. mm-Y M.S. XXX .)M IN THE CITY OF TTEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 5 OF 6 SHEETS TRACT \CT No. 29798-2 SEE SHEET 2 FOR BASS OF BEARING AND SEE SLEET 3 FOR ENGINEER'S NOTES 9ERIG A SJBDINSON OF LOT 10 Q )RACT NAP NO. 29305-1 AS SHOW BY MAP ON na IN BOON lC6It• PAGES M-M INCWSVE• OF MAPS. RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. LOHR + ASSOCIATES INC. JUNE 2003 1 45 44 .. SEE SHEET 6 I 43 Po' e i U l 0 w Bo w SCALE: 1' - 40' 14 tO 6a..-- P15 ` 40 Ndu ��i W 39 50 yS10 �1' OOW E A ° e° e? a 38 I a..9• 9 L6 w Ly P G ' 006 "J.eA ay1'is '/',� ep ,d . �vP i 16 _a � n 4 8 !v'� ,05� 31. LS •{ __NAjppy579.•W 01 :f ♦49 FA.yj`- E N2126'SfW 8$ ° 267.5 27 284. BA.95 mo O3 Po o.,) 0. p 65°N16'S5'IS E 129 96 d 1,3 $�" N. 4 w SJO� i j9 p0 � o' 25 _ 29 n vs 8^ G \`0 ' 30 P;' 24��• CII /2aTW '11•I]•RaSO C% 20'12 L� ) 716 4j•1 1 > NS, A'WJ)S LIE 10 1p8p Pl Ou Al $ TRAOT me. 293051 n32 $C, LOT 6 M.B. )!)Uf/n-xx 10 A AkRT" 19 20 16955 21 IO N697�3YE 22 NfibO'•I0'E ���i. Ba.53' •�EJ1 f� 23 NUMBER DELTA ANGLE RADIUS ARC LENGTH Ct 0694'IB 50.00 5.73 C2 4916-W SOM 03 MI'5T ] 00 37.69 C4 5926158' 50.00 51.68 C5 Q-29'46 `A.W 3].96 C6 O57u'b z)OFO 27.07 C] MV22• 270.00 23.67 cs 0838'15 3MOO 51.72 L9 022106 97MM 4OAa CIO 16153Y 100.OJ 26.3S CII 1916'jr 33000 ttt.03 C12 1615'36 100.00 CI3 MIS-47 tw.09 Cl/ 09W 49 100.00 CI5 022.'O6' tOw.w C16 O3'a6'J6' tMOO C17 539]'5T 5OM U51.95 L16 1021'S5 2]O.C° CIS 0z2c06' 1 1000.00 C22 0946'w' uu C23 15•zJ16' JJ0.00 C2t WO, IO' 3w.00 LOT T M.D. $Kp/A%-= ,NOT A PAAf' IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 6 OF 6 SHEETS TRACT No. 29798-2 SEE SHEET S FOR BASS OF KE NG AND SEE SHEET 3 RR ENGINEER'S NOTES. BEING A SUSDINSIN OF LOT 10 OF TRACT NM NO. 29J05-1 AS S10WN BY NAP ON 411E IN BOON M PAGES n-)O. WCLUSM1 OF NAPS, RECORDS OF RINOVSIDE COUNTY, CAIIFORNIA DRAINAGE EASENENTS SHALL BE NERT LOHR + ASSOCIATES INC. JUNE 2003 MM OF NUINCS AND OBSTNUCR°N& YEMECLU y ��9&PAlfl(gS CCL 130.26�DY&G 74q&lvi OCP 9 0 ..II,f9Py,,Y�\ \ N�f y,+ \ S9 e2f11 O TC1pT\f�04 os so s I \ N61 O p \ G ��J W 9(k\ N64W'W'i �. � �L+B�4e• AJ ZpF•�\ 9 �4`6. � a\ % \ �\ Y a b 60 IN SCALE: i' - W NUYBER DIRECTp1 DISTANCE u n8155'23 E 9.35' t2 N2sroz'08 W ,O73• IS x551T19'E 30.61 u I Nzsroz'w ,636 ' LS 3 N6056W 5rm— L6 N6155W 25 .97 ].51 LJ N53333 W I].93 L6 1535337'W 4d00 LB NS]5329 W 6.98 10 ] w ]0.0° NJ4p _s 12 w 65.J � s 13 h= 68.D5• - - �s 14 z — NJa26'JI•W yG je Op' LOT N ]DAW. a C' �1 N28jat,�ONDERO$A1. u R) z1m M 6 9 RT v q UJ, i � 4VVJ.0p,.�. Ev j�pC LPA 41 4 3 OC) 85 s 6 L \Q o Q o� 51105 �! aYL N18 Q 0 1�Y N50�ATW vvd'w 44 " 45 J ' LOT 54 OPEN SPACE AREA 1\I 1 TC.SO. NAINTENANL£ AREA ON AWES(3998 SF.) SEE SHEET 4 DETAIL SCALE: 1' = 10' ITEM 11 CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: �/� William G. Hughes, Director of Public Works/City Engineer DATE: January 13, 2004 SUBJECT: Tract Map Nos. 30667, 30667-1, 30667-2, and 30667-3 located within the Harveston Specific Plan PREPARED BY: I Ronald J. Parks, Deputy Director of Public Works nnie Bostre-Le, Special Projects Engineer RECOMMENDAT That the City Council approve: 1) Tract Map Nos. 30667, 30667-1, 30667-2, and 30667-3 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement and 3) Subdivision Monument Agreements and accept the Monument Bonds as security for the agreement. BACKGROUND: Tract Map No. 30667 is a forty-seven (47)-lot subdivision located east of Date Street, east of Harveston Drive and north of the Santa Gertrudis Flood Control Channel. Tract Map No. 30667-1 is a forty (40)-lot subdivision located north of Margarita Road, south of Harveston Drive. Tract Map No. 30667-2 is a thirty-nine (39)-lot subdivision located south of Harveston Drive and north of Margarita Road. Tract Map No. 30667-3 is a sixty-one (61) lot subdivision located south of Harveston Drive and north of Santa Gertrudis Flood Control Channel and west of Tract Map No. 30667-2. All subdivisions are located in the Harveston Specific Plan. On May 7, 2003, the City Planning Commission approved the Tentative Tract Maps, with the appropriate Conditions of Approval. The Developer, Harveston, LLC, A Delaware Limited Liability Company, by Lennar Homes of California has met all of the Conditions of Approval. These final maps are in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State law. FISCAL IMPACT: None R:\AGENDA REPORTS\2004\011304\TM 30667 ALL FNL.doc ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report for Tract Map No. 30667, 30667-1, 30667-2, and 30667-3 3. Project Vicinity Map 4. Tract Map No. 30667 5. Tract Map No. 30667-1 6. Tract Map No. 30667-2 7. Tract Map No. 30667-3 R:\AGENDA REPORTS\2004\011304\TM 30667 ALL FNL.doc CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30667, 30667-1, 30667-2, and 30667-3 Staff reviewed the following fees relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Paid. This fee is due prior to issuance of a grading permit. Not Paid. This fee will be collected prior to issuance of building permits. R:\AGENDA REPORTS0004\011304\TM 30667 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30667 DATE: January 13. 2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 447,000 $ 223,500 Water $ 28,500 $ 14,250 Sewer $ 51,500 $ 25,750 TOTAL $ 527,000 $ 263,500 Monumentation $ 13,350 DEVELOPMENT FEES 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 $ Paid $ 'TBD $ 148.00 $ 8.00 $ 1,690.00 $ 667.50 $ 2513.50 $ 0.00 4 R:\AGENDA REPORTS\2004\011304\TM 30667 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30667-1 DATE: January 13. 2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 340,000 $ 170,000 Water $ 85,500 $ 42,750 Sewer $ 91,500 $ 45,750 TOTAL I $ 517,000 $ 258,500 Monumentation $ 7,500 DEVELOPMENT FEES 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 $ Paid $ 'TBD $ 141.00 $ 8.00 $ 1,550.00 $ 375.00 $ 2,074.00 $ 0.00 5 R:\AGENDA REPORTS\2004\011304\TM 30667 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO.30667-2 DATE: January 13.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 358,500 $ 179,250 Water $ 85,000 $ 42,500 Sewer $ 99,000 $ 47,500 TOTAL $ 538,500 $ 269,250 Monumentation $ 14,250 DEVELOPMENT FEES 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 $ Paid $ 'TBD $ 140.00 $ 8.00 $ 1,530.00 $ 712.50 $ 2,390.50 $ 0.00 6 RMGENDA REPORTS\2004\011304\TM 30667 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30667-3 DATE: January 13.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 311,000 $ 155,500 Water $ 97,000 $ 48,500 Sewer $ 128,500 $ 64,250 TOTAL $ 536,500 $ 268,250 Monumentation $ 19,200 DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ 'TBD SERVICE FEES Planning Fee $ 162.00 Comprehensive Transportation Plan $ 8.00 Plan Check Fee $ 1,970.00 Monument Inspection Fee $ 960.00 Fees Paid to Date $ 3,100.00 Balance of Fees Due 'To Be Determined $ 0.00 7 RAAGENDA REPORTS0004\011304\TM 30667 ALL FNL.doc we ua to/zzh� aoorve�i yv,o'eoorvie-tss\rzssoeta\orvlaarrv\oor�\essoaisl\vrvad\'ry 8 a ? 4 Y b 8•M Itl � �^R r e a C� € s g� _4343§•6� 3z3 No Old gW SBA" "n a a, a� a HBwo M M3 i8 - 4�i 4o 41 4� 4$ 4o W b� O J y a a CL 4 B Z V QU O X - o 11J Q g U WO N RV ZW +!QJ/� F sazw Ca CO CS -wo E q! 8 g e s its \\ \ f— TV \ Ali \\, \�.l(\_, y Ay iF\n�\Ys�v`1 •1 $ ?VJ,1 6b Fe CRRBoF 8�S 6883EFRRi;: �B®BZR:F B��:RBR _,^fig N S \\\ `"\ s 1" � RJ��1l-,Lv��� g (jJJ1 y5' SG 88 8E .,8 88 858 66888 N 3 twang Z ry , .�.�..e..�p.W.�...."W.WWS'is�s'6��AF.:SYYO�� I� � L J1 L�mlo r�•�-`t��n��ntat�"� �i$ ``<dRA^-a'B�ERASAAEZxRRRoo=RR.R B--•^£YaYY3SE���so _. � —__ �(�r+�-s"\, J�ci1,�x/�� m\' Y [..... ... 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Parks, Deputy Director of Public Works nnie Bostre-Le, Special Projects Engineer RECOMMENDATI N: That the City Council approve: 1) Tract Map Nos. 30668, 30668-1, and 30668-2 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement and 3) Subdivision Monument Agreements and accept the Monument Bonds as security for the agreement. BACKGROUND: Tract Map No. 30668 is a thirty (30)-lot subdivision located north of Harveston Drive and east of Tract Map No. 29636-2 Lot 14. Tract Map No. 30668-1 is a thirty-four (34)-lot subdivision located south of Lake House Road and west of Harveston Drive. Tract Map No. 30668-2 is a forty-four (44)-lot subdivision located north of Harveston Drive and east of Tract Map No. 30668. All subdivisions are located in the Harveston Specific Plan. On May 7, 2003, the City Planning Commission approved the Tentative Tract Maps, with the appropriate Conditions of Approval. The Developer, Harveston, LLC, A Delaware Limited Liability Company, by Lennar Homes of California has met all of the Conditions of Approval. These final maps are in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State law. d6141-11gI�i611111111111111111 11 Z R:\AGENDA REPORTS\2004\011304\TM 30668 ALL FNL.doc ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report for Tract Map No. 30668, 30668-1, and 30668-2 3. Project Vicinity Map 4. Tract Map No. 30668 5. Tract Map No. 30668-1 6. Tract Map No. 30668-2 RAAGENDA REPORTS0004\011304\TM 30668 ALL FNL.doc CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30668, 30668-1, and 30668-2 Staff reviewed the following fees relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Paid. This fee is due prior to issuance of a grading permit. Not Paid. This fee will be collected prior to issuance of building permits. R:\AGENDA REPORTS\2004\011304\TM 30668 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO.30668 DATE: January 13. 2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 106,000 $ 53,000 Water $ 54,500 $ 27,250 Sewer $ 72,500 $ 36,250 TOTAL $ 233,000 $ 116,500 Monumentation $ 9,000 DEVELOPMENT FEES 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 $ Paid $ 'TBD $ 131.00 $ 8.00 $ 1,350.00 $ 450.00 $ 1939.00 $ 0.00 4 R:\AGENDA REPORTS\2004\011304\TM 30668 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30668-1 DATE: January 13.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 123,000 $ 61,500 Water $ 55,500 $ 27,750 Sewer $ 70,500 $ 35,250 TOTAL $ 249,000 $ 124,500 Monumentation $ 11,700 DEVELOPMENT FEES 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 $ Paid $ *TBD $ 135.00 $ 8.00 $ 1,430.00 $ 585.00 4 I 41. 1 11 5 RMGENDA REPORTS\2004\011304\TM 30668 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30668-2 DATE: January 13.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 164,000 $ 82,000 Water $ 74,000 $ 37,000 Sewer $ 81,500 $ 40,750 TOTAL $ 319,500 $ 159,750 Monumentation $ 23,300 DEVELOPMENT FEES 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 $ Paid $ 'TBD $ 145.00 $ 8.00 $ 1,630.00 $ 1. 335.00 $ 3,718.00 $ 0.00 6 RA\AGENDA REPORTS\2004\011304\TM 30668 ALL FNL.doc -a p q Wzz/zi aoola313 •.M ..J-.ss\d-egsoca \owaavrv\aov]\BSsooL;i\vivoa\'A m 41 &g a ZEE g 5,a N o Y 8i €g d y i g N .§i Z� .nv �n n - 6o On R .-lm ny ±" M� `g€ g 4 IRS-8 m C 2 C6` JE8 7W £ �„ y,g�& 8�1> Z V a gb £y ® o • o � � ��81� a a (y-T €m_=_ :8m re;,8: _::8"0R888mR U QO ( O �i/n _ p n Q mE ggna _m FR'R@il^F: AoS oR�hb R^'. •"'-m: rc m gy � n.nm�m - Or ° � JQ J n� WF VAO TR.6 2 /C-L98gqoc r811 lu iry w l� .'^1-990f "ON 1BVtl1 �� di m �� i �B �� 0 '§�) mU l 0 1, i ri R -d s a m/sz/zi aomaani ay.o« N gib ig NA I g v RR b tl gg 33= 3r kU x Mo g G Qo gg � a� 3ffi� _$yiY � Z �� �Y�d7 v • ��b— b`—�_� �kb7pp gg d yky ti``�,t• '�e ��k�g� „��� z Wig Nil Y 36 b � � pggya y�qy k33��gba W j P gz 0� kg by.. begs �� g sue@ PH ®b'M g�" S' 3'� 01 . 4 c3 4 k' 6T �M�Im 8 ff� 5e & �8 �I 4� b �'s8 m � 6 m s 6 ff e s —",m/a/n aommu a..a'zoomress\-essau\ervmarn\aoro\Rssaow4nroa\:ry ut @ b' E� �b a 4� g443 vg �eN Wq 4 s adlk�c a seta "x WS ea e� WA- I � �8:9l88:8P8:n FR8WnSm=£8"88�8aR (� �c`o^ 8111 gl gl lgglgl lggg�llg lgl 11 l�glgl 0 nra'_aa „R8b Asaa $ r'sRP- _ 0�g"sa ra:"®aR�^Ri:�a•�"^� o �y 1jJj'agj N0. £-L9y0t oe¢r2'/ 4 4,IlbN ail so �oF 01, I— n F - fiat • i R ,_ '�.� g o� t O X ~ > Z In z w o= \\ /eC63 G� j111111 �. 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GG-omm�am.�v- v u6" m8ov Sou Gvu $Cyu TSB Sap S-5a >' F. 8:8: :�.:B=a Tg uv mR�: .•m mSo SoS m 7� I81$$g S.IIIS.81881$$$$I8I SIIII$IIIS �� uuMtlBnxo=55e:.Sm S.,a Y: �S^-�CSmm_�&u� m 3 A N m m y VI H:\PDATA\l5100556\CA00\YAPPING\IR30660-F\550-FMOOY.DK ry RLOOP 12/29/03 I:42 pm rmrrIAI A V z 0 0 D fTl z ITEM 13 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 10William G. Hughes, Director of Public Works/City Engineer DATE: January 13, 2004 SUBJECT: Tract Map Nos. 30669, 30669-1, and 30669-2 located within the Harveston Specific Plan PREPARED BY: Ronald J. Parks, Deputy Director of Public Works nnie Bostre-Le, Special Projects Engineer RECOMMENDA ION That the City Council approve: 1) Tract Map Nos. 30669, 30669-1, and 30669-2 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreement and 3) Subdivision Monument Agreements and accept the Monument Bonds as security for the agreement. BACKGROUND: Tract Map No. 30669 is a seventy (70)-lot subdivision located east of Harveston Drive and south of Tract Map No. 29636-1 Lot 13 and west of Tract Map No. 29636-2 Lot 14. Tract Map No. 30669-1 is a fifty-four (54)-lot subdivision located north of Harveston Drive and west of Tract Map No. 29636-2 Lot 14. Tract Map No. 30669-2 is a eighty-one (81)-lot subdivision located east of Harveston Drive, west of Tract Map No. 30669-1 and south of Tract Map No. 30669. All subdivisions are located in the Harveston Specific Plan. On May 7, 2003, the City Planning Commission approved the Tentative Tract Maps, with the appropriate Conditions of Approval. The Developer, Harveston, LLC, A Delaware Limited Liability Company, by Lennar Homes of California has met all of the Conditions of Approval. These final maps are in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State law. FISCAL IMPACT: None R:\AGENDA REPORTS\2004\011304\TM 30669 ALL FNL.doc ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report for Tract Map No. 30669, 30669-1, and 30669-2 3. Project Vicinity Map 4. Tract Map No. 30669 5. Tract Map No. 30669-1 6. Tract Map No. 30669-2 RMGENDA REPORTS\2004\0113047M 30669 ALL FNL.doc CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 30669, 30669-1, and 30669-2 Staff reviewed the following fees relative to their applicability to this project. FEE Flood Control (ADP) Development Impact Fee CONDITIONS OF APPROVAL Paid. This fee is due prior to issuance of a grading permit. Not Paid. This fee will be collected prior to issuance of building permits. R:\AGENDA REPORTS\2004\011304\TM 30669 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30669 DATE: January 13. 2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 157,000 $ 78,500 Water $ 84,000 $ 42,000 Sewer $ 86,000 $ 43,000 TOTAL $ 327,000 $ 163,500 Monumentation $ 17,300 DEVELOPMENT FEES 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 $ Paid $ 'TBD $ 171.00 $ 8.00 $ 2,150.00 $_ _865.00 $ 3,194.00 $ 0.00 4 R:\AGENDA REPORTS\2004\011304\TM 30669 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 30669-1 DATE: January 13. 2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 357,500 $ 178,750 Water $ 129,500 $ 64,750 Sewer $ 156,500 $ 78,250 TOTAL $ 643,500 $ 321,750 Monumentation $ 18,000 DEVELOPMENT FEES 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 $ Paid $ "TBD $ 154.00 $ 8.00 $ 1,810.00 $ - 900.00 $ 2,872.00 $ 0.00 5 R:\AGENDA REPORTS\2004\011304\TM 30669 ALL FNL.doc CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO.30669-2 DATE: January 13.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 282,500 $ 141,250 Water $ 133,000 $ 66,500 Sewer $ 179,500 $ 89,750 TOTAL $ 595,000 $ 297,500 Monumentation $ 38,700 DEVELOPMENT FEES RCFCD (ADP) Fee $ Paid Development Impact Fee $ `TBD SERVICE FEES Planning Fee $ 182.00 Comprehensive Transportation Plan $ 8.00 Plan Check Fee $ 2,370.00 Monument Inspection Fee $ 1,935.00 Fees Paid to Date $ 4,495.00 Balance of Fees Due $ 0.00 'To Be Determined 6 R:\AGENDA REPORTS0004\011304\TM 30669 ALL FNL.doc wd anI m/ez/n d00,3 i Imo eoomd-6ss\d-6990au\9xlddtl.\amo\59900 ls\nvod\ e N Y 8€5 ". �� J bk Y7k z c A so x x gdm6 9j@ rjEp �E 8n a g s g €a a bbE� R R . 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Hughes, Director of Public Works/City Engineer DATE: January 13, 2004 SUBJECT: Parking Restrictions — Diaz Road between Winchester Road and Dendy Parkway PREPARED BY: Ali Moghadam, Principal Engineer -Traffic RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON DIAZ ROAD BETWEEN WINCHESTER ROAD AND DENDY PARKWAY AS SHOWN ON EXHIBIT "A". BACKGROUND: In June 2003, Staff received a request from the Public/Traffic Safety Commission Chairman to review the posted "No Parking" signs in the Westside Business Park area and to bring the issue back to the Commission for further consideration. A review of the streets within Westside Business Park, which include Dandy Parkway, Remington Avenue, Zevo Drive, Winchester Road, Rio Nedo, Via Industria, Calle Empleado, Roick Drive, Colt Court and Bostik Court, was conducted to determine which streets were posted for "No Parking'. The review revealed that "No Parking" signs were posted on the majority of the streets within the Westside Business Park with the exception of portions of Dendy Parkway, Diaz Road and Rio Nedo. It was also determined that the implied parking restrictions were a condition of the business park's CC&R and not established by a resolution of the City Council. At the meeting of December 11, 2003, the Public/Traffic Safety Commission approved the Staff recommendation (4-0) to establish a parking restriction on Diaz Road between Winchester Road and Dandy Parkway, and to remove the existing "No Parking" signs on Dendy Parkway, Remington Avenue, Zevo Drive, Rio Nedo, Via Industria, Calle Empleado, Roick Drive, Colt Court, and Bostik Court. It was staff's opinion that since these streets are low volume industrial collector streets, on - street parking does not pose a safety problem and therefore parking restrictions are not necessary. FISCAL IMPACT: Funds are available in Public Works Signing and Striping Account c\Agenda Report=04\0113\parking resMo[ions—Diaz Road.reso ATTACHMENTS: 1. Resolution No. 2004- 2. Exhibit "A" — Location Map 3. Exhibit "B" — Public/Traffic Safety Commission Agenda Report — December 11, 2003 rWgenda Report\2004\0113\parking restrictions —Diaz Road. reso RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING ZONE" ON DIAZ ROAD BETWEEN WINCHESTER ROAD AND DENDY PARKWAY AS SHOWN ON EXHIBIT "A'. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Section 10.12.100, of the Temecula Municipal Code, "No Parking" zones are hereby established in the City of Temecula on Diaz Road between Winchester Road and Dendy Parkway as shown on Exhibit "A". SECTION 2. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 13t" day of January 2004. ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor r:\Agenda Report\2004\0113\parking restrictions— Diaz Road. reso [SEAL] 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 Resolution No. 2004-_was duly and regularly adopted by the City Council at a regular meeting of the City Council on the 13t" day of January 2004, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk r.Wgenda Report1200M01 Mparking restrictions — Diaz Road.reso 0 -s. AGENDA REPORT TO: Public/Traffic Safety Commission FROM: RAli Moghadam, P.E., Senior Engineer, Traffic DATE: December 11, 2003 SUBJECT: Item 3 Parking Restrictions — Westside Business Park RECOMMENDATION: That the Public/Traffic Safety Commission 1. Recommend that the City Council adopt a resolution establishing parking restrictions on Diaz Road from Winchester Road to Dendy Parkway; and 2. Direct Staff to remove the No Parking signs on the remainder of the streets within the Westside Business Park area. BACKGROUND: At the Public/Traffic Safety Commission meeting of June 26, 2003, Chairman Connerton requested that the issue of posted "No Parking" signs in the Westside Business Park area be brought back for further consideration. The public has been notified of the Public/Traffic Safety Commission's consideration of this issue through the agenda notification process and by mail. Staff conducted a review of the streets within Westside Business Park, which include Dendy Parkway, Remington Avenue, Zevo Drive, Winchester Road, Rio Nedo, Via Industria, Calle Empleado, Roick Drive, Colt Court and Bostik Court, to determine which streets were posted for "No Parking". Our review indicates that the majority of the streets are posted for "No Parking" with the exception of portions of Dendy Parkway, Diaz Road and Rio Nedo. The existing "No Parking" signs have been installed by the individual property owners, as each site developed, in order to fulfill the terms of the CC&R recorded against each of the properties by the Association. Legally, the signs are not enforceable because the implied parking restrictions were not established by a resolution of the City Council. The only enforceable "No Parking" signs are on Winchester Road where parking restrictions were established by resolution in June 1997. Based on the results of our investigation, Staff recommends establishing parking restrictions on Diaz Road from Winchester road to Dendy Parkway, and the removal of the existing "No Parking" signs on Dendy Parkway, Remington Avenue, Zevo Drive, Rio Nedo, Via hidustra, Calle Empleado, Roick Drive, Colt Court, and Bostik Court. r.\tmffic\commLs \a9md2\2003\121 IWestside business park/aip FISCAL IMPACT: Funds are available in the Public Works Routine Street Maintenance Account for removal of the existing signing. Attachment: 1. Exhibit "A" — Location Map r\bat5c\ronamsm\agenda\2003\1211\westside business park/ajp ITEM 15 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: f (I�Nilliam G. Hughes, Director of Public Works/City Engineer DATE: January 13, 2004 SUBJECT: All -Way Stop Controls— Promenade Chardonnay Hills at Chemin Clinet and Parducci Lane PREPARED BY: Ali Moghadam, Principal Engineer -Traffic RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO.2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF: 1. PROMENADE CHARDONNAY HILLS AT CHEMIN CLINET; AND 2. PROMENADE CHARDONNAY HILLS AT PARDUCCI LANE. BACKGROUND: In November 2002, the City Council received a petition from Mr. Joseph T. LaMarca, representing the Promenade Chardonnay Hills Homeowners Association (HOA), to install stop signs at various locations along Promenade Chardonnay Hills to reduce vehicular speeds and cut -through traffic. The petition was submitted to appeal the Public/Traffic Safety Commission's previous recommendation of April 26, 2001, denying the request for multi -way stop signs at various locations along Promenade Chardonnay Hills. Because the Commission had considered this request over a year ago, the City Council recommended that the Public/Traffic Safety Commission reevaluate this request. At their meeting of January 23, 2003, the Public/Traffic Safety Commission directed Staff to develop alternatives, in lieu of stop signs, that would reduce the 85th percentile speed to 30 MPH, discuss the alternatives with the HOA and present the acceptable alternatives to the Commission for further consideration. In February 2003, Director Hughes met with the HOA to present an alternative and receive input. The HOA did not agree with the staff's proposed striping alternative that included a centerline, striped bike lanes and parking lanes. The HOA suggested the installation of a raised median island at various locations along Promenade Chardonnay Hills to reduce vehicularspeeds and cut -through traffic. The results of Director Hughes' meeting with the HOA were presented to the Public/Traffic Safety Commission at their meeting of February 27, 2003. r:\Agenda Report\2004\0113\promenadechardonnayhillsstopsigns.mso Subsequently, staff developed concept plans for the raised median islands, which identified the locations and geometrics. The concept plans were presented to the HOA for review and concurrence and were supported by the HOA. At their meeting of May 22, 2003, the Public/Traffic Safety Commission approved the staff recommendation (4-0) that the City Council approve the installation of raised median islands along Promenade Chardonnay Hills and include the design and construction in the Capital Improvement Program for Fiscal Year 2003-2004. In June 2003, staff received a letter from Joe La Marca, representing the HOA, which supported the median island concept. However, the HOA recommended that the median island installation be limited to only three (3) locations to minimize impacts to adjacent residents. At the meeting of September 25, 2003, the Public/Traffic Safety Commission received a staff report addressing the HOA's request for traffic controls on Promenade Chardonnay Hills. It was staffs opinion that limiting the median island installation to the HOA's recommended (three) locations would not achieve the results that the residents and HOA desired nor would it achieve the Public/Traffic Safety Commission's objective to reduce the 85th percentile speed to 30 MPH. Following a discussion of the issue, the Commission disagreed with the staff recommendation to deny the request for multi -way stop signs and to continue the enforcement of the 25 MPH posted speed limit. Instead, the Commission directed staff to work with the HOA to select two locations along Promenade Chardonnay Hills for installation of multi -way stop signs and bring the selected locations back to the Commission for review and recommendation to the City Council. The two locations were presented to the Public/Traffic Safety Commission at their meeting of November 6, 2003. The two locations, Parducci Lane and Chemin Clinet, were evaluated in the initial multi -way stop warrant analysis performed at five intersections along Promenade Chardonnay Hills. At the time of the initial study, the two intersections did not satisfy the minimum warrant criteria for the use of multi -way stop signs. Although the minimum warrant criteria is still not satisfied, it was staff's opinion that the installation of multi -way stop signs at these two intersections appeared to be more practical because Parducci Lane and Chemin Clinet provide access to the development from Meadows Parkway and Butterfield Stage Road. Staff also suggested that the Board of Directors provide a letter supporting the proposed stop sign locations priorto final approval by the City Council. The Commission approved the recommended locations and recommended (3- 1) that the City Council adopt a resolution establishing Multi -Way Stop signs at the intersections of Promenade Chardonnay Hills and Chemin Ciinet, and Promenade Chardonnay Hills and Parducci Lane pending receipt of a letter of support from the Board of Directors. In December 2003, staff received a letter signed by Donald Smith, HOA Board Memberand Joseph LaMarca, HOA Representative, along with a petition from the residents of Promenade Chardonnay Hills supporting the two proposed stop sign locations. FISCAL IMPACT: Funds are available in Public Works Signing and Striping Account ATTACHMENTS: 1. Resolution No. 2004- 2. Exhibit "A" — Location Map 3. Exhibit `B" — Public/Traffic Safety Commission Agenda Report and Minutes — November 6, 2003 4. Exhibit "C" — Letter and Petition from Promenade Chardonnay Hills HOA - December 9, 2003 rl4genda Report\2004\0113\promenadechardonnayhillsstopsigns.reso RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF: 1. PROMENADE CHARDONNAY HILLS AT CHEMIN CLINET; AND 2. PROMENADE CHARDONNAY HILLS AT PARDUCCI LANE. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the facts justifying the need for the stop signs proposed for the location described in this resolution. The City Council hereby finds and determines that installation of the stop signs pursuant to this resolution will enhance the public health and safety and general welfare at this location and the proposed stop signs will not create any adverse conditions in the area. SECTION 2. Pursuant to Section 10.12.100, of the Temecula Municipal Code, the following All -Way Stop intersection is hereby established in the City of Temecula. 1. Promenade Chardonnay Hills at Chemin Clinet; and 2. Promenade Chardonnay Hills at Parducci Lane SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 13th day of January 2004. ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor 3 OAgenda Report\2004\0713\promenadechardonnayhillsstopsigns.reso [SEAL] 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 Resolution No. 2004- was duly and regularly adopted by the City Council at a regular meeting of the City Council on the 13th day of January 2004, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 4 rAAgenda Report\2004\0113\promenadechardonnayhillsstopsigns.reso AGENDA REPORT TO: PubliciTraffic Safety Commission FROM: (? ► Ili Moghadam, P.E., Senior Engineer, Traffic DATE: November 6, 2003 SUBJECT: Item 2 Request for Multi -Way Stop Signs — Promenade Chardonnay Hills RECOMMENDATION: That the Public/Traffic Safety Commission recommend that the City Council adopt a resolution establishing Multi -Way Stop signs at the intersections of Promenade Chardonnay Hills and Chemin Clinet, and Promenade Chardonnay Hills and Parducci Lane. BACKGROUND: At the meeting of September 25, 2003, the Public/Traffic Safety Commission received a staffreport addressing the HOA's request for traffic controls on Promenade Chardonnay Hills. Following a discussion of the issue, the Commission disagreed with the staff recommendation to deny the request for multi -way stop signs and to continue the enforcement of the 25 MPH posted speed limit. Instead, the Commission directed staff to work with the HOA to select two locations along Promenade Chardonnay Hills for installation of multi -way stop signs and bring the selected locations back to the Commission for approval and recommendation to the City Council. The two locations, Parducci Lane and Chemin Clinet, were included in the initial multi -way stop warrant analysis performed at five intersections along Promenade Chardonnay Hills. At that time, the two intersections did not satisfy the minimum warrant criteria for the use of multi -way stop signs. Although the minimum warrant criteria is still not satisfied, the installation of multi -way stop signs at these two intersections appears to be more practical because Parducci Lane and Chemin Clinet provide access to the development from Meadows Parkway and Butterfield Stage Road. However, a letter from the Board of Directors will be necessary prior to final approval by the City Council. The public has been notified of the Public/Traffic Safety Commission's consideration of this issue through the agenda notification process and by mail. FISCAL IMPACT: Funds are available in the Public Works Routine Street Maintenance Account for signing and striping. Attachment: 1. Exhibit "A" — Location Map rA\ fflckortmiwn\agenda\2003\1106\pmm wdechud0=Yhi11Jajp COMMISSION BUSINESS 2. Request for Multi -Way Stop Signs — Promenade Chardonnay Hills RECOMMENDATION: 2.1 That the PublicfTraffic Safety Commission recommends that the City Council adopt a resolution establishing Multi -Way Stop signs at the intersections of Promenade Chardonnay Hills and Chemin Clinet, and Promenade Chardonnay Hills and Parducci Lane. Senior Engineer Moghadam presented a brief staff report (as per agenda material), noting the following: That the Commission directed staff to work with the homeowners association (HOA) representatives to establish two locations acceptable to staff, HOA and residents; That staff and HOA representatives agreed on Chemin Clinet and Parducci Lane; that those two streets were based on volume and side streets; That before two stop signs are presented to the City Council for an adoption of a resolution, a letter must be received from the HOA, indicating that those locations are acceptable to the homeowners. For Commissioner Lanier, Senior Engineer Moghadam relayed that the representatives of the HOA are in contact with the homeowners but that nothing has been received in writing. At this time, the public hearing was opened. Ms. Cathy Sheily, 41081 Promenade Chardonnay Hills, stated that stop signs are not the solution but that continued sporadic residential traffic patrolling would help slow down the speeders. Mr. Thomas Chimileski, 41031 Promenade Chardonnay Hills, also relayed that stop signs are not the solution but is encouraged that the issue is being moved forward. Mr. Joseph La Marca, 41138 Promenade Chardonnay, representing Promenade Chardonnay Hills HOA, thanked Director of Public Works Hughes and Senior Engineer Moghadam for their efforts on the project. Mr. La Marca also noted that 95 to 100% of the residents who signed the petition were in favor of the proposed stop signs, advising that Mr. Hughes and Mr. Moghadam agreed on two of the four stop sign locations that were on the petition. For Chairman Connerton, Mr. La Marca relayed that the signed petition in favor of stop signs from the residents was presented to the Commission at a past Public Traffic Safety Meeting. R:\Minutes\PublicTraffioSafetyCommission 110603 Mr. Scott Dippolito, 41028 Promenade Chardonnay Hills, noted that he was not presented with a petition of the recent stop sign location and that the HOA has not promoted or encouraged residents to approve the location of the proposed stop signs. Mr. Dippolito is not in favor of a stop sign on Parducci Lane. At this time, the public hearing was closed. Director of Public Works Hughes relayed to the Commission that Butterfield Stage Road will be improved; that one of the responsibilities will be to complete two lanes from Rancho California Road up to La Serena Road; that a work permit was pulled and work will be starting next week; that this route will be a more direct route for some people; that there will be no stops; and that it will be completed in 3 % months. For Chairman Connerton, Mr. Dippolito once again relayed that he does not support a stop sign on Parducci Lane. The Commission expressed concern with not having signatures of all the residents who are affected by the proposed multi -way stop signs. At this time, the public hearing was re -opened. Mr. La Marca relayed that the HOA distributed a petition to every resident on Promenade Chardonnay; that residents who were not home to sign the petition the first time were revisited on three other occasions; and that the face of the petition describes exactly where the proposed stop sign locations would be. Mr. Dippolito relayed that he does not approve the locations of the stop signs but does support stop signs; in addition, would like to see continued law enforcement patrolling the area. At this time, the public hearing was closed. Chairman Connerton relayed the following: • That the petition received and reviewed was for four stop signs; That he has not seen a petition based on the approval of the two stop signs, Chemin Clinet and Parducci Lane. For Chairman Connerton, Senior Engineer Moghadam relayed that staff and the Commission have received a signed petition from the residents with the approval of four stop signs, two being Chemin Clinet and Parducci Lane. For Senior Engineer Moghadam, Chairman Connerton relayed that he does not want a connection of the original signed petition approving four stop signs, two being Chemim Clinet and Parducci Lane; that he would like to have a signed petition from the residents approving only stop signs on Chemin Clinet and Parducci Lane. MOTION: Commissioner Ramos moved to withhold approval of the recommendation pending a letter from the HOA indicating its approval of the two proposed multi -way stop signs, on Chemin Clinet and Parducci Lane. R:\Minutes\PublicTrafricSafetyCommission 110603 Commissioner Lanier seconded the vote and voice vote reflected approval with the { exception of Commissioner Wedel who was absent and Chairman Connerton who voted no. Per the request of Chairman Connerton, Item No. 4 was discussed before Item No. 3. 4 Tri Tunnel Express RECOMMENDATION: 4.1 That the Public/Traffic Safety Commission review, and provide direction to staff regarding the proposed Tri Tunnel Express between Riverside and Orange Counties. Director of Public Works Hughes distributed a letter from Councilman Roberts regarding the Tri Tunnel Express. Chairman Connerton read aloud the letter from Councilman Roberts. For Commissioner Ramos, Chairman Connerton relayed that the City Council is seeking a recommendation from the Public Traffic Safety Commission. For Commissioner Katan, Mr. Hughes clarified Councilman Roberts' concerns as it relates to the Riverside County Transportation Commission (RCTC). Commissioner Lanier relayed his opinion that a joint City Council/Public Traffic Safety Commission Workshop regarding the Tri Tunnel Express would be premature at this point in time. With respect to Commissioner Lanier, Chairman Connerton relayed that the Commission would recommend a joint meeting with the Council to discuss the Tri Tunnel Express. Commissioner Ramos relayed that he would like to invite Councilman Roberts to a Public Traffic Safety Commission meeting to apprise the Commission of other alternatives of the Tri Tunnel Express. Commissioner Katan expressed interest in hearing more about the Tri Tunnel Express project and noted his support of a joint City Council/Public Traffic Safety meeting. MOTION: Commissioner Katan moved to recommend a joint City Council/Public Traffic Safety workshop regarding the Tri Tunnel Express. Commissioner Ramos seconded the motion and voice vote reflected approval with the exception of Commissioner Wedel who was absent. 3 Fire Prevention Week 2003 RECOMMENDATION: 3.1 That the Public/Traffic Safety Commission receive and file the report regarding Fire Prevention Week 2003. R:\Minutes\PublicTrafficSafetyCommission110603 5 City of Temecula 43200 Business Park Drive Temecula, CA 92590 ATTN: Traffic and Safety Commission Gentlemen: DEC 15 2003 CITY OF TEMECULA December 9, 2003 Subject: Safety Concerns.on Promenade Chardonnay Hills This letter is to confirm the acceptance of two stop sign locations on Promenade Chardonnay Hills. Mr, Donald Smith (HOA Board Member) and Mr. Joseph LaMarca (authorized HOA representative for the subject matter), met with Mr. William Hughes on October 17, 2003. The meeting resulted in an agreement to locate stop signs on Promenade Chardonnay Hills, at the intersections of Chemin Clinet and Parducci.. Subsequently, Messers. Moghadam and Hughes recommended these two locations at the Traffic and Safety Commission meeting of November 6, 2003. These locations are consistent with initial and subsequent requests, and therefore, do not conflict with former requests. The enclosed documents (petition and letter) verify the requests for stop signs at the 'intersections herein identified. Please note: the vast majority of Promenade Chardonnay residents have signed the petition and are in favor of stop signs with only about two residents dissenting. We hope that this matter will be acted upon expeditiously for the sake of improving the safety of our residents. Sincerely Do d Smith,IJOA Board Member Joseph LaMarca HOA Representative Enclosures, XC: City Council, Dept. Of Public Works f "Excellence in Association Management" 31'M RatLoad Canyon Road, Crayon L-"'A Ca'do= 925&7 r (9" 244 M Pal (9M 2440520 •Ema1: hoa�oni.com November 1, 2001 CITY OF TEMECUI.A AM: DIRECTOR OF PUPLIC WORKS, WII-I.IAM HUGHES COPY 43200 BUSINESS PARK DRIVE TEMECULA, CA 92589-9033 h. Dear Mr. Hughes: 1. Last year, Joseph LaMarca, a homeowner who resides in C hardonna)r Hills Homeowner Association circulated i petition that highlighted traffic concerns within the community. The petition was presented to the City Traffic and Safety Committee.. Mr. LaMarca and several homeowners attended the Traffic Commission mee4ngs-on-October 12;-200FMarch 8, 20M and Apm3-264001.-During the-Trame-fission meeting on April 26, 2001 the Traffic Commission, in order to mitigate the owners concerns, ruled to implement the first stage of the Traffic Calming Program. Although, the Traffic Calming Program has been in effect for several moftths there has not been alleviation of the traffic concerns. In or4pr:to fulfill a reasonable standard of safety and health, the Directors, herein subunit a request for the installation of multi-w stop Hills Homeowners Board of Chardonnay Hills for the reasons indicated below P at the locations along Promenade Promenade Chardoanay Hills is a residential street with curves and Mills that prevent adequate lines of sight to the intersection streets of Chemin Clint (location of community recreation center), Chemin LaTwhe and Parducci (photos enclosed). At the comer of Promenade recreation center equipped with a junior O is �a�onn�r Hills / Pazduccy there u a large tot -lot is across Promenade Chattionnay Idills Attghe quood hhous for crossing pedestrians (children and adults), as well as with automobiles entering the street Because of the lay of the land, oncoming cars can only be seen from short distances. In addition, people residing along these areas have difficulty backing out of their driveways. We have noted other intersections in the City that have multi -way stops to account for similar conditions, by example: Elinda Road / Calle Halcion, Honurs Drive / Balata Drive, Enfield Lane / Calle Medusa, Chauncey Drive / Calle Medusa. Promenade C2iudonnay Hills is lined with residences having many children We measurefeel stop signs Will add a of safety to the neighborhood thus improving the quality of life. Your assistance and support regarding these matters will be greatly appreciated. Should you feel that it would be more appropriate to present this request to the City Council, Please inform us accordingly. Sincerely, � J /i��A 0,' .� Ilene-13-a3 MARV Prim-AVrLOR LWI)IJUENr 9092dda520 T-321 P.OV02 f-958 Ps,ti,tiain frank The Residents and the hoard of Directonl of Cbardonnsy Ii UIs to th a Tetmxtda City Connell Issue: 'Ehe residents o.f C'h:rd�rasa�� e�lil7s i•,ave lyeacrne irtye:tsingl}� a�ncemed for fhte siAty oft htxr children l: Ang in ptoxinrity tag the street P"nunuufr. C.,h�rrtlo,e,aay Hifl r. The City of Temecula has berm diligent in their response In our contceras with traffic atu.dies and speed erifert•,em.eru. 'Taesr, efforts are Mpreciated, but fall short of reducing I},u; sie:x:ci ofn-af6c on Pmmcetade Chard.onnay Hills. Disemsfon: The street, P"menade Chm•donmsy 1lilh,, carvers rt tsrrtd. distrumt of l.3 miles: om Rancho C'alijbmia Road to La Serena. Then: is not one stop sig? the entire 1.3 miles. Tftrre :s a community rcxreatfcm "Mier at: the alVmxitnate maid -point, vvhiclt is a nam,,1 l attraction for the, children it was des,pcee , to facilitate hometm* C+'cardonnoy hrdlats flows dowtdtill for about % mile in each dira:ti.on to the low point at tlx recreation c rlcr. As a result of the long uninterrupted distance arid the nalrtral downhill flow, 1tatl33c rtatturally lmt!. vn::ry ",expectedly 13izk s up spccd well in excess of the 25 3011 speol lkmit„ Evert for those residents who wrestle daily with the excessive speed of hidMc, it requires it conscious effort to maintain 25 WE t'fi:er watching, and oil occasions following traffic, it is apparent that many drives:s use cue mighbornoad street as a cut -through because of the easy tmnsttion. Logicwould indicate that Tlleadswt Pstrkxny would be e:u,ier, but in reality it is longer iTI both distance and One, p;as it includes a traffic light. To do n+ulrirtbu "nlil an mnsiecrssary injury or deaaL of a child further tilgktiights the problem wotAd 1>: irrespnnnibJt:. E7te retidents of Chardonnay Hills strongly request the City C o'uncit to take immectiate steps ;o reduce the speed and vclmate of urwNic transitin;y oiur ateigltborhocd. Reeomntendation: The residents Pend Board of Directors from Chardonngv Hills request that four stop signs be installed at the locations below to stop the cut through tr4ffrc, hence making our neighborboed street inconvenient as compared to Meadows Parkway. Residents also fimJy believe this will slow traffic in the critical areas as it flows down hill towards the recreation center.. Residents and the Board of Directors request than: all en$orcerneot program also be initiated commensurate with the instillation o:f the ttolr signs to enforce the c otj7hance with newly installed stop signs. Chic stair sign in each direction, on.pr•ometweir Chardonnay Hills at the fallowing owss streets: Hertz N'1i,1199i rrontenade Bordeaux Chernin Clintd 507e the ttmiersigrved. residents of Citar(i,3ena), Hills strongly urge the Temecula City Council; to autho.dsse'thr. instillation of the Stop signs requested to protect our childlreea. Page- of Addreu Name Ngmt tre qi za q Promenade ChWanmay HIUs 4J2. s r►> > >c1 hwmns& cwdmm Mls �1...!! _ +-._._ Promenade Chardmnay HIlb �S ezgn Cl Ka J, ins cC.2sle� .. C `� Promenade Chwder w mb _.! 9_ 160 Promwde Chwdaemay ifflb ... _ ' a_.y.!r Promenade CMrdmmry HIlb 4_) 2 `{ S Ptomawde castd,may :lh Promenade Chardamay Z"•l3_.6_ __ P►nm md0a wdmaayHIlb _ Yr Promenade Chetdcamy HIlls �._i-': Pro"l*r"CbwdamayEGlla Z6aVrCA t.AAJ)j -6�_JAFI-t� Qt o b r oe-r G 6akGS •rv, • wf� �iL�. • qW.. — _ Promawde aw*n wy Hills BQ6 V I Ck- 4-+o�w �(Z V. y _ ..� Promenade Chardamay HIUs r N e Jf c� bl in �„ Promenade (:hardamay [tile Pare of. 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VWbArdy Pranmade Chardonnay Hills "" rJ Promenade Chard=ay MIS 5 7Promeaa& Chardonnay F ills vAAW Promenade C hardommay Fulls IVl`=a 'omemadeChudannayMUs Promenade Chardo may Ffnlls �P Wade ardour iJ'l�� � u'r�fy CSRacL �nF.AiandGA � a Signature + XYO (a:"i(i T _ 11 1 W 32z" - =M Promenade Chardomay Hills Promenade C hardomay Fulls Vt� Page of F Address 31-tgs , `8)3Fq &a4�x) Name ck"I er Nick 4"Se 313d3 ,k( 6,1,9QH,t- NIMpj . ►fy' Ydo. � � ,III /_fit ' 31�CK1 PP_.p1�►.�D� B ���AJu Atli �1 �AuA�-lA� ," )tgo1 I Fw! 4 72 I RqI Signature f r Page of U Address pPromenade Qwrda may bills Promenade Chardemay Hills Promenade Chardannay Hills �}( 0 U Promenade Chardamay Hills / / Promenade Chardannay bills 1' Promenade Chardomeay Bills 4 /sloe Promenade Chardamay MM Promenade Cherdannay lulls Y y I %� 6 Promenade Chardamay Hills 1�1�trt-- Peomenade Chardonnay Hills • '/"Promenade Chardamay Hills \, ,I c/ Promenade Chardamay bills 9 Promenade Chardonnay bills Promenade Chardamay Hills Promenade Chardonnay bills Promenade Chardemay Hills _ Promenade Chardamay Hills Promenade Chardonnay Hills r, i . Page of Address V 1 k� g/ PromaMde Chardonnay Fells '--' fIVD `,romenadeChardauiayFells Promenade Cherdannay Hills 1 i Prom=We Chard=ay Hills Promenade Chardormay Hills `/ qffi�L Promenade Cbw& anay Hills \\Ij I % g J Promenade Chardonnay Hills v J411 Promenade Chardonnay Hills Promenade curd [fill _ - Promenade Chw*rmay Nils Promenade Chardonnay Hills Promenade Chardonnay Hills Promenade Chardonnay Hills _jPrame�do Chardannay Hills Promenado Chardonnay Dills �. T Iomenade Chardonnay Hills -'romenade Chardonnay Hills Name fo'-21-/eLEj' Page of Address Name Signature 'j Promenade awdonnay Hills UafiP_/ X&OlJf7o7 "W ID PromeoadechardomwHins A—r-4 M—n jT- khv dS6Y •- y/v Promenade chardannay Hills mr 11l h 1, m qi 1 i d �'�IoNb PranenadeChardamayHills MiLd- VAL% ah"J �0 7 ` 1022. PromenadeChardonnayHills (F(OM4S t 1RrAfq fEFh'7 Y7Qa,A!_7 Promenade Chardmnay Fells i53 19rbl- v?II Promenade Chardaaaay Hills �KEDd� �A,�'%,21.� to- _ Promenade Chardamay bills Promenade Chardomay Fills Promenade C hardoomay Fells i —Promenade Chardannay Hills _ Promenade Chardamay Hills Promenade Chardomay Fulls _ Promenade Chardommy Fills Promenade Chardonnay Fills 7 : - ^ Promenade Chardonmay Hills Promenade Chardamay Hills l 1omenade C hardamay Hills Page of Addrm Name / Signature 4i0 Prommade Chardomay Fulls A - C H 0 Z g C -,?--g og1l , 4 �, j I/i s Promenade Chardomnay Hills liN-O ez C-2 G ({ O Promenade c wdonnay Fulls Promenade Chardmnay fills e'I L//22r7 Promenade Owrdo may i lls Promenade Cherdoensy EM Promerwde Qwrdormay Hills Promenade Chardmmay Hills Promenade Cherdonaay FLUB Promenade C4wrdonaay hills Promenade Chardonnay Fells Promenade Ciwrdonnay ills Promenade Qwrdanmay Fulls Promenade (herdonnay Fulls Promenade Chardamrsy Fulls Promenade Chardonmay H111s Promenade Chardormay Fulls Promenade Cherdonnay hills Page of� Address Name Signature V14omAS �l Page of ITEM 16 APPROVAL CITY ATTORNEY DIRECTOROF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: idlov illiam G. Hughes, Director of Public Works/City Engineer DATE: January 13, 2003 SUBJECT: First Amendment to Consultant Services Agreement with KRW & Associates PREPARED BY: WRonald J. Parks, Deputy Director of Public Works RECOMMENDATION: That the City Council Approve the First Amendment to the Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2003-2004 with KRW & Associates for an amount not to exceed $35,000.00, for a total contract amount to $60,000.00 for this Fiscal Year, and authorize the Mayor to execute this amendment. BACKGROUND: On July 1, 2003 the City Manager approved entering into an agreement with KRW & Associates to provide engineering plan check, map and legal description review on an as needed basis to assist the Land Development staff in providing document review expertise for a quicker turn around of the plans submitted by developers and residents. First Amendment is necessary due to the increase in demand for plan check, map and legal description review for new development in the area. Through the first four months of this fiscal year over 35 final maps have been submitted and are being reviewed or have been approved. In addition, we anticipate over 50 new final maps to be submitted between now and July 1, 2004. This has resulted in the agreement being exhausted sooner than anticipated and a plan check workload far greater than anticipated. Since this increase exceeds the City Manager's approval authority of $25,000.00 it is necessary to obtain the approval of the City Council to amend the contract. Delay of this amendment until next fiscal year will delay final map checking for Harveston, Roripaugh Ranch and Wolf Creek projects. The requested First Amendment in the amount not to exceed $35,000.00 with KRW & Associates and the original agreement amount of $25,000.00 is for a total contract amount of $60,000.00. FISCAL IMPACT: Adequate funds are available in the Land Development Operating Budget for Fiscal Year 2003-2004. ATTACHMENT: 1. First Amendment 2. Original Agreement July 1, 2003 R:\Agenda Reports\2003\1216\Winchak Amend 1 03-04 FIRST AMENDMENT TO ENGINEERING PLAN CHECK, MAP and LEGAL DESCRIBTION REVIEW FISCAL YEAR 2003-2004 AGREEMENT BETWEEN CITY OF TEMECULA AND KRW & ASSOCIATES THIS FIRST AMENDMENT is made and entered into as of January 13, 2004 by and between the City of Temecula, a municipal corporation ("City") and KRW & Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On July 1, 2003 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement in the amount of Twenty Five Thousand Dollars and No Cents ($25,000.00) for Engineering Plan Check, Map and Legal Description Review" ("Agreement"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 3 of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit "A" attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. The First Amendment amount shall not exceed Thirty Five Thousand Dollars and No Cents ($35,000.00) for additional Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2003- 2004. The maximum amount of payment under this Agreement shall not exceed the total Agreement amount of Sixty Thousand Dollars and No Cents ($60,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R. LIGREEMENTSILDAGMTSIWINCNAK 03-04 AMEND LDOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: M Peter M. Thorson, City Attorney CONTRACTOR KRW & Associates P.O. Box 867 Murrieta, CA 92564 (909) 245-0159 BY: Kris R. Winchak, Owner R: UGREEMENTSV DAGMTSIWINCHAK 03-04 AMEND I.DOC CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES PLAN CHECK, MAP and LEGAL DESCRIPTIONS REVIEW FOR THE FISCAL YEAR 2003-2004 THIS AGREEMENT, is made and effective as of July 1, 2003, between the City of Temecula, a municipal corporation ("City") and, KRW & Associates ("Consultant") an Engineering Plan Check, Map and Legal Description Review Consultant. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 1, 2003, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2004, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit "A". 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit "A", attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000.00) for the total tern of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed 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. ,AgMVdegmdW CBAK 03-0 AGRMr/yp 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. r%vVM1degvnl WHiCHAR 03-04 AQRW/Op 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REOUMEMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto) with policy limits of not less than $300,000. b. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. IVAVMWWMAWINCHAK 03-0 AGRNrr/W (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shalt not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City s prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the workperformed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 02"\WWp� WINCaAK03-0 AGnff/ p 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: KRW & Associates P.O. Box 867 Murrieta, California 92564 Attention: Kris Winchak (909)245-0159 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because ofthe personal nature of the services to be rendered pursuant to this Agreement, only Kris Winchak shall perform the services described in this Agreement. Kris Winchak may use assistants, under their direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Kris Winchak from Consultant's employ. Should he or she leave Consultant's employ, the city shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. 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\&PtMaprik {V W CaAB 0344 AGnffl b 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 4.6.9 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year fast above written. CITY OF TEMECULA By 4 Shawn D. Nelson, City Manager Attest: i Jones, CMC City Clerk Ap-proved'As to Foi� Peter M. Thorson, City Attorney CONSULTANT KRW & Associates P.O. Box 867 Murrieta, CA 92564 (909)245-0159 Bye Kris Winchak. Owner E)HHBff "A" SCOPE OF WORK And PAYMENT SCHEDULE r qph d d.gn \ W CHW O344 AGRMr/W KRW & ASSOCIATES Land Surveying, Planning and Land Development P.O. Boa 867 Murrieta, CA. 92564 Bus. (909) 245-0159, Fax (909) 245-0159 June I, 2003 City of Temecula, Dept. of Public Works P.O. Box 9033 Temecula, Ca. 92589-9033 Attn: Ron Parks, Deputy Public Works Director, City of Temecula Dear Mr. Parks This letter is to inform you of my desire to continue to perform Map Checking Services to the City of Temecula for Fiscal Year 2003 — 2004 starting July 1. 1 understand the terms of this request are based on the attached Agreement. The compensation for Professional Services provided will be paid at a rate of Sixty Dollars ($60.00) per hour on a project by project basis, not to exceed the amount specified in the Agreement. I am very pleased to be of service to the Department of Public Works and look forward to the continuation of our work relationship. Very Truly Yours, Kris R. Winchak, L.S. 6240 KRW & Associates ITEM 17 APPROVAL CITY ATTORNEY DIRECTOR FINANC CITY MANAGER R CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: WWilliam G. Hughes, Director of Public Works/City Engineer DATE: January 13, 2004 SUBJECT: French Valley Parkway/1-15 Overcrossing & Interchange, Project #PW02-11 Acquisition Agreement between the City of Temecula and Jubela Family Trust PREPARED BY%Smer Attar, Principal Engineer an yn Adarbeh, Property Agent RECOMMENDATION: That the City Council: Approve and authorize the City Manager to execute in substantially the form attached hereto, the PURCHASE AND SALE AGREEMENT BETWEEEN CITY OF TEMECULA AND ERNEST JOE and ETHYL B. JUBELA FAMILY TRUST, for the acquisition of certain real property in the amount of $611,580.00 plus the associated escrow fees. 2. Direct the City Clerk to record the document 3. Adopt a Resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 BACKGROUND: On March 18, 2003, the City Council approved the updated Appraisal Report and authorized the City Engineer and the City's agent, the County of Riverside, to make offers and negotiate the acquisition of certain real properties required for the construction of the French Valley Parkway/ 1-15 Overcrossing and Interchange, Project No. PW02-11. On April 28, 2003, the City delivered to Ernest Joe and Ethyl B. Jubela Family Trust an offer to purchase the property interests of Parcel 20, 1.45 Acres, on Tract Map 23561-2, APN 910-262-004, as described in the Agreement. The negotiations have concluded as set forth herein. The attached Purchase and Sale Agreement describe the details for the acquisition of the real property interests necessary to construct the improvements for the future French Valley Parkway/1-15 Overcrossing and Interchange. The purchase amount, $611,580.00, is the same amount the City Council authorized for this purchase. Upon the approval of the Purchase and R:\agdrpt\2003\0610\PW02-11 automall Agree Additionally, Government Code section 27281 permits governmental agencies to authorize one or more of its officers or agents to accept and consent to acceptance for recordation any interest in real estate. This authorization given to the Public Works Department, by resolution of the City Council, will expedite the processing of the real estate transactions. FISCAL IMPACT: The French Valley Parkway Interchange Project is funded through Capital Project Reserves. The funds for the land acquisition have been budgeted in the Capital Improvement Program, Fiscal Years 2003-2007. Adequate funds are available in Account No. 210-165-726-5700 for the total acquisition cost of $611,580.00 plus the associated escrow fees. ATTACHMENTS: Resolution No. 2004- 2. Project Location 3. Project Description 4. Purchase and Sale Agreement RAagdrpt\2003\0610\PW02-11 automall Agree RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVES AS FOLLOWS: WHEREAS, Government Code Section 27281 permits any political corporation or governmental agency to authorize one or more of its officers to accept and consent to acceptance for recordation any interest in real property; WHEREAS, the City Council finds that authorizing the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate will speed up the processing of real estate transactions; WHEREAS, the City Council desires to authorize the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate; NOW, THEREFORE BE IT RESOLVED; The Director of Public Works is hereby authorized to accept deeds or grants conveying any interest in, or easement upon, real estate for the City Council of the City of Temecula. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 131h day of January, 2004 by the following vote: ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor R:\agdrpt\2003\0610\PW02-11 automall Agree 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. 2004 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 13th day of January, 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk 4 R:\agdrpt\2003\0610\PW02-11 automall Agree W C7 U a a U a �' 0 .. .; a a a�Z �� �� z°a �� d H u d O i.i a z •3 Y] Vr 00 U 0 0 0 0 o g W Y r O r rz of w of pp O O O 0 0 0 0 N � O O O pO O pO 8 S O O O O O O O O b h O O O h 0 0 0 0 0 0 o $ o 0 0 Y! N O O Vl r a ao ri N ^ b'1 M M W h O O O N N D\ O � � N Yf vi (ry m � � � N vs Y> w 0 0 0 C d A Y) of vi fn 0 0 0 0 0 0 0 0 n v Cq h 8 o r. /f W W df (9 49 bi 69 .V O � u x u u p w A x E ° a C � w DO v � a a a v � Y .. y O U V v ❑ o w e O• Jpu G ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROJECT: FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE CITY OF TEMECULA PROPERTY:3 APN: 910-262-004 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ("Buyer") and ERNEST JOE AND ETHEL B. JUBELA, CO -TRUSTEES OF THE ERNEST JOE JUBELA AND ETHEL B. JUBELA FAMILY TRUST PURSUANT TO THE FIRST AMENDMENT THEREOF DATED SEPTEMBER 1, 1989 ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel No. 910-262-004, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"). B. Buyer desires to purchase a fee interest in Assessor's Parcel Number 910-262-004, shown on Exhibit "A" attached hereto and made a part hereof and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: 1. PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with a reputable escrow company (the "Escrow Holder'), for the purpose of consummating the purchase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is any inconsistency between such instructions and this Agreement, this Agreement shall Page 1 of 8 1 control unless the parties expressly agree in writing otherwise. The Escrow Instructions 2 shall include the following terms and conditions of sale: 3 2.1 Purchase Price. 4 The total purchase price for the Property shall be the sum of Six Hundred Eleven Thousand Five Hundred Eighty Dollars ($611,580.00). The purchase 5 price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall 6 deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 7 2.2 Close of Escrow. 8 Escrow shall close on or before one hundred twenty (120) days 9 following the execution of this Agreement (the "Close of Escrow"). If Escrow is not in a 10 condition to close by the Close of Escrow, and the failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in 11 Escrow, then Buyer may, at its option, request the cancellation of the Escrow and the return of any funds it has deposited into Escrow. Thereupon, all obligations and 12 liabilities of the parties under this Agreement shall cease and terminate. If no such 13 request is made, Escrow shall be closed as soon as possible thereafter. 14 2.3 Condition of Title to Property. 15 Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title 16 Policy") issued by a reputable title company (the "Title Company") in an amount equal to 17 the purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any 18 exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause 19 the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of 20 Escrow. 21 2.4 Escrow and Closing Costs. 22 A. Because of Buyer's status as a public agency, no 23 documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will 24 be payable with respect to the recording of the Grant Deed, pursuant to Government 25 Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. 26 B. To the extent that Seller has prepaid any taxes or 27 assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall 28 assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case Page 2 of 8 1 shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of 2 Escrow. 3 2.5 Deposit of Funds and Documents. 4 A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above; (ii) the purchase price to be paid to 5 Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. 6 B. Prior to the Close of Escrow, Seller shall deposit into Escrow 7 (i) the properly executed Grant Deed for conveyance of Seller's interests in the Property to Buyer; and (ii) such other documents and sums, if any, as are necessary to close 8 Escrow in conformance herewith. 9 2.6 Buyer's Conditions Precedent to Close of Escrow. 10 The Close of Escrow is subject to the following conditions: 11 A. All representations and warranties of Seller set forth in this 12 Agreement shall be true and correct as of the date of the Close of Escrow; and 13 B. Seller shall timely perform all obligations required by the 14 terms of this Agreement to be performed by them. 15 2.7 Seller's Conditions Precedent to Close of Escrow. 16 For the benefit of Seller, the Close of Escrow shall be conditioned 17 upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 18 3. REPRESENTATIONS AND WARRANTIES OF SELLER. 19 20 Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: 21 A. The execution and delivery of this Agreement by Seller, Seller's 22 performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any 23 contract or agreement to which Seller is at present a party or by which Seller is bound; 24 B. To Seller's knowledge, no litigation and no 9 9 govern -mental, 25 administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; 26 C. Seller will not enter into any agreements or undertake any new 27 obligations prior to Close of Escrow which will in any way burden, encumber or 28 otherwise affect his interests in the Property without the prior written consent of Buyer; Page 3 of 8 MI 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Seller has and shall have paid, before Close of Escrow, his pro rata share of all taxes and assessments levied and assessed against the Larger Parcel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow Holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pro rata share of said taxes and/or assessments; and E. Seller is aware of his obligation under California Health and Safety Code Section 25369.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Parcel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE. A. By execution of his Agreement, Seller, on behalf of himself/herself, his/her heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable pre -condemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that Seller either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Page 4 of 8 1 Seller acknowledges that Seller may have sustained damage, loss, 2 costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional 3 damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that 4 situation, and hereby expressly waives any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable 5 principal of similar effect. 6 D. Seller hereby agrees and consents to the dismissal of any 7 condemnation action which has been or may be commenced by Buyer in the Superior Court of Riverside County to condemn said land, and waives any and all claim to money 8 that has been or may be deposited in court in such case or to damages by reason of the 9 filing of such action. 10 This acknowledgment and release shall survive the Close of Escrow. 11 5. REMEDIES. 12 If Seller defaults under this Agreement, then Buyer may, at Buyer's option, 13 terminate the Escrow or initiate an action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in 14 equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in 15 equity. 16 6. MISCELLANEOUS. 17 A. Notice. Any notice to be given or other document or documents to 18 be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or 19 certified, with postage prepaid, and addressed as follows: 20 21 Seller: Ernest Joe and Ethel B. Jubela 3577 Via Loma Vista 22 Escondido, California 92029 23 Buyer: City of Temecula 24 43200 Business Park Drive P. O. Box 9033 25 Temecula, California 92589-9033 26 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration 27 of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. 28 Page 5 of 8 1 2 3 4 5 91 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 M B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Shawn Nelson represents to Seller that he is the City Manager of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. Page 6 of 8 1 7. RIGHT OF POSSESSION 2 "It is agreed and confirmed by the parties hereto that notwithstanding 3 other provisions in this agreement, the right of possession and use of the subject property by Buyer, including the right to remove and dispose of improvements, shall 4 commence upon execution of this document by the Executive Director of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and 5 that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for 6 such possession and use, including damages, if any, from said date." 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 7 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 JS:sh 26 4/28/037 8.286 28 EXECUTED on the date or dates set forth below. This Agreement shall be effective as of the date signed by all parties. DATED: / ) -��—r-� � SELLER: (To be filleff in by Chief Executive) THE ERNEST JOE AND ETHEL B. JUBELA FAMILY TRUST PURSUANT TO THE FIRST AMENDMENT THEREOF-" SEPTEMBER1, 1989 _/1 // /I Co - Co -Trustee RECOMMENDED FOR APPROVAL: By: JAN SPINDL R Real Property Agent BUYER: CITY OF TEMECULA 0 ATTEST: In SUSAN W. JONES, CMC, City Clerk SHAWN NELSON, City Manager Page 8 of 8 EXHIBIT "A" PARCEL 20, INCLUSIVE OF PARCEL MAP NO. 23561-2 ON FILE IN BOOK 168 PAGES 71 THROUGH 73, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA EXCEPTING THEREFROM MINERAL RIGHTS MORE THAN 500 FEET BELOW THE SURFACE OF PROPERTY, WAIVING THE RIGHT OF SURFACE ENTRY AS RESERVED IN GRANT DEED RECORDED DECEMBER 21, 1992 AS INSTRUMENT NO. 485304 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA (APN 910-262-004) y�g nd Alt t���'? N cm w m { �t ErN"Q #r ; ! n w Z,jiY•=f 40 211 O 42 ea d �c i x C g'•••..Z�� i8 eF[ g 1 g sr ' g140 a 1 €`%FEi it lilt �i 15 IN W 4 sE c i Y A"'4 s■■iaozl", yR t tP'1 S a Ei a � d# �•cfII-� � �� � R � r �� ��G Q W [[c 4 C LL Z S ' r M kjr o...s `*n w '■`r i u' � wsw f+aWArn ilk Ix Rt a 1� c lit lit _D4 � . A CV 1 1 d ^OCP- d O �• 1 1 � _ _ _ p d 6 rq •>laer 'v 3Y � 9g3 I lyl o\o' ��YC - - 040. io cn • I. N • .. W i•M at ' WHU i � 'O FO e : �� m n..u•n W �.tan O« � � � C�40)1 9 s -CIRCCE� x� .. n y�aMIS 5 z 4EFFER5OM,-- -AVENUE---s a Recorded at request of and return to: Department of Facilities Management Real Estate Division 3133 Mission Inn Avenue Riverside, California 92507-4199 FREE RECORDING This instrument is for the benefit of the County of Riverside, and is entitled to be recorded without fee. (Govt. Code 6103) (Space reservea for PROJECT: FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE, CITY OF TEMECULA PROPERTY: 3 APN: 910-262-004 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ERNEST JOE JUBELA AND ETHEL B. JUBELA, CO -TRUSTEES OF THE ERNEST JOE JUBELA AND ETHEL B. JUBELA FAMILY TRUST PURSUANT TO THE FIRST AMENDMENT THEREOF DATED SEPTEMBER 1, 1989 GRANT(S) to the CITY OF TEMECULA, the real property in the County of Riverside, State of California, described as: See Exhibit "A" attached hereto and made a part hereof PROJECT: FRENCH VALLEY PARKWAY / INTERSTATE 15 OVERCROSSING AND INTERCHANGE, CITY OF TEMECULA PROPERTY:3 APN: 910-262-004 Dated: THE ERNEST JOE JUBELA AND ETHEL B. JUBELA FAMILY TRUST THEREOF DATED SEPTEMBER 1, STATE OF CALIFORNIA ) COUNTY OF �T"�)ss ruDnc 1n and for �.rneSk k \u e me (or proveq to on whose nam ar sL me that ey and that by h' he' , upon behalf of which the By: �l�l �c��/�✓ L�oY�I�—c ETHEL B. JUBELA Co -Trustee before me, a Notary said County and State, personally appeared personally known to the basis of satisfactory evidence) to be the person s) bscri bed to the within instrument and acknowledgutedgc igna theroe in histru heir upers, pacit � s), ignatur s n the instrument the perso (s), r the en 1 y perso s acted, executed the instrume WITNESS my hand and official seal OFFICIAL SEAL ERICA NOBLE c4 - NOTARY PUBLIC-CALIFORNIA23 ® COMM. NO. 1253133 SAN DIEGO COUNTY Signature MY COMM. EXP. FEB.11, 2DO4 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed to the CITY OF TEMECULA, is hereby accepted by order of the City of Temecula on the date below and the grantee consents to the recordation thereof by its duly authorized officer. .1S:sh Date By. 4/28/03 8.286 EXHIBIT "A" PARCEL 20, INCLUSIVE OF PARCEL MAP NO. 23561-2 ON FILE IN BOOK 168 PAGES 71 THROUGH 73, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA EXCEPTING THEREFROM MINERAL RIGHTS MORE THAN 500 FEET BELOW THE SURFACE OF PROPERTY, WAIVING THE RIGHT OF SURFACE ENTRY AS RESERVED IN GRANT DEED RECORDED DECEMBER 21, 1992 AS INSTRUMENT NO. 485304 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA (APN 910-262-004) =qJf = I Q N � 4.4 d a IQ �=a0 d all t £3 r d 1 , I 1 I I O i Vill G Y'HIM rtl 1 J.9�JrJq 2 � A �R«R O �€1qR Hitt #(Dj3 4 I � I • O i s lip w �€FfER6gn.— _ eVE1Vl�E--a i •' I , - - - - - - - I ITEM 18 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: !William G. Hughes, Director of Public Works/City Engineer DATE: January 13, 2004 SUBJECT: Winchester Road Widening, Project #PW00-27 Acquisition Agreement between the City of Temecula and Susan I. Steele �1 PREPARED BY: RECOMMENDATION: Attar, Principal Engineer n Adarbeh, Property Agent That the City Council: Approve and authorize the City Manager to execute in substantially the form attached hereto, the PURCHASE AND SALE AGREEMENT BETWEEEN CITY OF TEMECULA AND Susan I. Steele, for the acquisition of certain real property in the amount of $78,000.00 plus the associated escrow fees. 2. Direct the City Clerk to record the document 3. Adopt a Resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 BACKGROUND: On July 22, 2003, the City Council approved the Appraisal Report and authorized the City Engineer and the City's agent, to make offers and negotiate the acquisition of certain real properties required for the construction of the Winchester Widening, Project No. PW00-27. The attached Purchase and Sale Agreement describe the details for the acquisition of the real property interests necessary to construct the improvements for the future Winchester Road Widening. The purchase amount, $78,000.00, is the same amount the City Council authorized for this purchase. Upon the approval of the Purchase and Sale Agreement and the close of escrow, the City will own the easement on APN 909-270-020. Additionally, Government Code section 27281 permits governmental agencies to authorize one or more of its officers or agents to accept and consent to acceptance for recordation any interest in real estate. This authorization given to the Public Works Department, by resolution of the City Council, will expedite the processing of the real estate transactions. R:\agdrpt\2003X0610\PW02-11 automall Agree FISCAL IMPACT: The Winchester Road Widening Project is funded through Capital Project Reserves. The funds for the land acquisition have been budgeted in the Capital Improvement Program, Fiscal Years 2003-2004. Adequate funds are available in Account No. 210-165-608- 5700 for the total acquisition cost of $78,000.00 plus the associated escrow fees. ATTACHMENTS: 1. Resolution No. 2004- 2. Project Location 3. Project Description 4. Purchase and Sale Agreement R:\agdrpt\2003\0610\PW02-11 automall Agree RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVES AS FOLLOWS: WHEREAS, Government Code Section 27281 permits any political corporation or governmental agency to authorize one or more of its officers to accept and consent to acceptance for recordation any interest in real property; WHEREAS, the City Council finds that authorizing the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate will speed up the processing of real estate transactions; WHEREAS, the City Council desires to authorize the Director of Public Works to accept deeds or grants conveying any interest in, or easement upon, real estate; NOW, THEREFORE BE IT RESOLVED; The Director of Public Works is hereby authorized to accept deeds or grants conveying any interest in, or easement upon, real estate for the City Council of the City of Temecula. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 13th day of January, 2004 by the following vote: ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor R:\agdrpt\2003\0610\PW02-11 automall Agree 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. 2004-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 131" day of January 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk RAagdrpt\2003\0610\PW02-11 automall Agree 0 65 ro Li Eye+ W O a a 0 i a0 V U � U o w O v W^ Ei �0 w ao U �y 3 � v 0 0 W c0 a W 6 y O � Oa gr. Zjp v u ai •� � 37 a a 0 m H A A tptl N Wa b 0 0 N N C N U ti q 0.- 3 0 3 0 � °) a 0 °= A O O O O O o 0 0 0 0 F d v_o 0 ov M O N N 1, 69 69 69 69 69 w yr w p., co 0 N O N P O N 0 v 0 N O O O O O Cl 0 00 0 V 0 0 0 V O M O CAN [- �R rn h il N = '" 69 69 69 fR 69 M N O 00 r- �s 6-1 6q 69 Q% 69 H 4+ UI Wl N U � 0 G 0 ai y o F Q U A F+ W 0 0 �a 00 PROJECT: Winchester Road widening APN: 909-270-020 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT is entered into by and between the CITY OF TEMECULA ('Buyer') and Susan I. Steele ("Seller"). RECITALS A. Seller owns certain real property located in the City of Temecula, Riverside County, California, bearing Assessor Parcel No. 909-270-020, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Larger Parcel'). B. Buyer desires to purchase a permanent street easement and a temporary construction easement in the Larger Parcel, identified as APN 909-270-020, shown on Exhibit "A" attached hereto and made a part hereof (the 'Property') and Seller desires to sell the Property. C. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Property. AGREEMENT The parties therefore agree as follows: 1. PURCHASE. Buyer agrees to buy and Seller agrees to sell and convey the Property for the purchase price and upon the terms and conditions hereinafter set forth. 2. ESCROW. Upon execution of this Agreement by all parties, the parties shall open an escrow (the "Escrow") with FIRST AMERICAN TITLE (the "escrow Holder'), for the purpose of consummating the purchase and sale of the Seller's interest in the Property as described herein. The parties hereto shall execute and deliver to Escrow Holder such escrow instructions prepared by Escrow Holder as may be required to consummate the transaction contemplated by this Agreement. Any such instructions shall not conflict with, amend, or supersede any provisions of this Agreement. If there is any inconsistency between such instructions and this Agreement, this Agreement shall control unless the parties expressly agree in writing otherwise. The Escrow Instructions shall include the following terms and conditions of sale: Page 1 of 7 2.1 Purchase Price. The total purchase price for the Property shall be the sum of Seventy Eight Thousand Dollars ($78,000.00) for an all-inclusive settlement. The purchase price shall be paid by Buyer to Seller in cash at the Close of Escrow. Buyer shall deposit prior to Close of Escrow the funds required to be deposited by it in order to allow the Escrow to close. 2.2 Close of Escrow Escrow shall close on or before sixty (60) days or sooner, following the execution of this Agreement ( the "Close of Escrow"). If Escrow is not in a condition to close by the Close of Escrow, any party who is not then in default may, in writing, demand the return of its money and/or documents. Thereupon all obligations and liabilities of the parties under this Agreement shall cease and terminate. If no such demand is made, Escrow shall be closed as soon as possible thereafter. 2.3 Condition of Title to Propertv. Seller shall cause the conveyance of his interests in the Property to Buyer as evidenced by a CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") purchase price. The Title Policy shall show as exceptions with respect to the Property only matters approved in writing by Buyer. Notwithstanding the foregoing, any exceptions to title representing monetary liens or encumbrances are hereby disapproved by Buyer, and Escrow Holder is hereby authorized and instructed to cause the reconveyance, partial reconveyance, or subordination, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 2.4 Escrow and Closing Costs. A. Because of Buyer's status as a public agency, no documentary transfer tax will be payable with respect to this conveyance, pursuant to California Revenue and Taxation Code Section 11922. Similarly, no recording fees will be payable with respect to the recording of the Grant Deed, pursuant to Government Code Section 27383. Buyer shall pay the cost of the Title Policy, the Escrow fees, and all other costs and expenses incurred herein. B. To the extent that Seller has prepaid any taxes or assessments attributable to the Property, Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any. In no case, however, shall Buyer credit or otherwise pay Seller fro that refund, if any, through or outside of Escrow. Page 2 of 7 2.5 Deposit of Funds and Documents. A. Prior to Close of Escrow, Buyer shall deposit into Escrow (i) all Escrow and Closing Costs as described above: (ii) the purchase price to be paid to Seller through Escrow; (iii) such other documentation as is necessary to close Escrow. B. Prior to the Close of Escrow, Seller shall deposit into Escrow (i) the properly executed Grant Deed for conveyance of his interests in the Property to Buyer; and (ii) such other documents and sums, is any, as are necessary to close Escrow in conformance herewith. 2.6 Buyer's Conditions Precedent to Close of Escrow. The close of Escrow is subject to the following conditions: (a) All representations and warranties of Seller set forth in this Agreement shall be true and correct as of the date of the Close of Escrow: and (b) Seller shall timely perform all obligations required by the terms of this Agreement to be performed by them. 2.7 Seller's Conditions Precedent to Close of Escrow. For the benefit of Seller, the Close of Escrow shall be conditioned upon the timely performance by Buyer of all obligations required by the terms of this Agreement. 3. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller makes the following representations and warranties with respect to the Property, each of which shall survive Close of Escrow: (a) The execution and delivery of this Agreement by Seller, Seller's performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the breach of any contract or agreement to which Seller is at present a party or by which Seller is bound; (b) To Seller's knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the Property is pending, proposed or threatened; (c) Seller will not enter into any agreements or undertake any new obligations prior to Close of Escrow which will in any way burden, encumber or otherwise affect his interest in the Property without the prior written consent of Buyer; Page 3 of 7 (d) Seller has and shall have paid, before Close of Escrow, his pro rata share of all taxes and assessments levied and assessed against the Larger Parcel. If not paid prior to Close of Escrow, Seller hereby authorizes Escrow holder to disburse to the taxing authority, from funds otherwise due to Seller, an amount sufficient to satisfy his pro rata share of said taxes and/or assessments; and (e) Seller is aware of his obligation under California Health and Safety Code Section 25359.7 to disclose any knowledge which they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, rules and regulations) upon or under the Property. Seller warrants and represents to Buyer that Seller is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Larger Parcel. 4. ACKNOWLEDGMENT OF FULL BENEFITS AND RELEASE A. By execution of his Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for damages, relocation assistance benefits, interest, loss of goodwill, severance damages, claims for inverse condemnation or unreasonable precondemnation conduct, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller herby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have Page 4of7 materially affected his settlement with the debtor" Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses in the future. Nevertheless, Seller herby acknowledges that this Agreement has been negotiated and agreed upon I light of that situation, and hereby expressly waive any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 5. REMEDIES. If Seller defaults under this Agreement, then Buyer may, at Buyer's option, terminate the Escrow or initiate and action for specific performance of this Agreement, in addition to pursuing any other rights or remedies that Buyer may have at law or in equity. If Buyer defaults under this Agreement, then Seller may, at Seller's option, terminate the Escrow or pursue any rights or remedies that Seller may have at law or in equity. 6. MISCELLANEOUS. A. Notice. Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: Seller: Susan I. Steele Post Office Box 905 Solana Beach, CA 92075 Buyer: Peter Thorson City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of twenty-four (24) hours following the deposit of said notice or other document in the United States mail. Page 5 of 7 B. Time of Essence. Time is of the essence with respect to each and every provision hereof. C. Assignment. Neither this Agreement, nor any interest herein, shall be assignable by any party without prior written consent of the other parties. D. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of the parties hereto, shall be governed by the laws of the State of California. E. Inurement. Subject to the restrictions against assignment as herein contained, this Agreement shall inure to the benefit of, and shall be binding upon, the assigns, successors in interest, personal representatives, estates, heirs and legatees of each of the parties hereto. F. Attorney Fees. In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. G. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. H. Additional Documents. All parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. I. No Merger. All warranties, representations, acknowledgments, releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the Grant Deed. J. Authority to Execute on Behalf of Buyer. Shawn D. Nelson represents to Seller that he is the City Manager of the City of Temecula and that he is authorized by Buyer to execute this Agreement on its behalf. K. Ratification. This Agreement is subject to approval and ratification by the City Council of the City of Temecula. L. Counterparts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. 7. RIGHT OF POSSESSION. Page 6 of 7 "It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this agreement, the right of possession and use of the subject property by the Buyer, including the right to remove and dispose of improvements, shall commence upon execution of this document by the Mayor of the City of Temecula or the close of escrow controlling this transaction, whichever occurs first, and that amount shown in Clause 2.1 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date." EXECUTED on the date or dates set forth below. This Agreement shall be effective as of the date signed by all parties. DATED: RECOMMENDED FOR APPROVAL: 0 DATED: Dated by the City Manager SELLER: Susan I. Steele LI-21511-:w- CITY OF TEMECULA In Shawn D. Nelson, City Manager ATTEST. - Susan W Jones, CMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Page 7 of 7 Recording requested by and when recorded mail to: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589 Attn: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE No Documentary Transfer Taxes Due: See Revenue & Taxation § It 922 and Government Code §6103 APN: 909-270-042 [ ] ALL [XI PORTION GRANT OF EASEMENT DEED THIS EASEMENT DEED (this "Easement Deed") is made as of this _ day of 2003, by SUSAN I. FECK, an unmarried woman as her sole and separate property ("Grantor"), to and for the benefit of the CITY OF TEMECULA, a Political Subdivision ("Grantee"). 1. Grant of Easements. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee, and to its successors and assigns, a perpetual, non-exclusive, appurtenant easement and right over, under and across a portion of that certain real property owned by Grantor located in the City of Temecula, County of Riverside, State of California (the "Easement Area"), for purposes of a street and improvements necessary thereto, over, under and across a portion of that certain real property owned by Grantor located in the City of Temecula, County of Riverside, State of California (the "Easement Area"). The Easement Area is legally described in Exhibits "A" , and depicted in Exhibits `B" , attached hereto and made a part hereof. 2. Benefit of Easements. The Easements granted hereby are for the benefit of Grantee and its successors and assigns. 3. Grantee Responsible for Costs of Easements. Grantee shall be solely responsible for all costs related to the construction, repair and maintenance of the Easement Area, and any other professional fees associated with the work and all other obligations of Grantee contemplated by this Easement Deed. 4. Duration of Easements. The Easements shall continue for so long as Grantee shall use the Easement Area for the above -stated purpose. 11086\0004\739193.1 6/24103 5. Indemnification by Grantee. Grantee covenants and agrees that it shall indemnify, defend, protect and hold harmless the Grantor, its officers, directors, members, agents and/or employees from and against any and all liability, loss or damage to which the Grantor, its officers, directors, members, agents and/or employees may be subjected to as the result of the rights granted herein or the existence or presence of the structures and improvements covered and/or contemplated by this Easement Deed or any act or omission by Grantee, its officers, members, agents or employees arising out of the exercise by Grantee, its officer, members, agents or employees of any of the rights granted to Grantee by this Easement Deed. 6. Compliance with Laws. Grantee covenants and agrees that it shall at all times construct, maintain, use, repair and operate the Easement Area in compliance with any and all applicable federal, state or local laws, regulations, codes, ordinances, standards, decisions of the courts, permits or permit conditions. 7. Permitted Use. Grantee shall use the Easement Area solely for the above -stated purposes and for no other use, purpose or purposes whatsoever. 8. Reservation by Grantor. SPECIFICALLY EXCEPTING AND RESERVING the right, to be exercised by the Grantor and its successors and assigns, and by any other party who has obtained, or may obtain, permission or authority from Grantor or its successors and assigns to do so: (a) to operate, maintain, repair, renew and/or relocate any all existing wires, fiber optic cables, piped, and other facilities of like character, over or under the surface of the Easement Area; and (b) from time to time to construct, operate, maintain, repair, renew and/or relocate upon the Easement Area additional facilities of the character described in clause (a) of this paragraph, consistent with the right granted herein, without in any instance being required to obtain the consent of Grantee the same as if this Easement Deed had not been executed; provided, however, that in the exercise of such rights, Grantor shall use reasonable care not to materially interfere with or block the use of the Easement Area or to damage any fencing or other improvements located thereon. 9. Miscellaneous. a. Waiver. If Grantor or Grantee fails to insist on the strict observance by the other party of any of the provisions of this Easement Deed, neither party shall be precluded from subsequently enforcing this Easement Deed or be held to have waived any such provision. b. Relationship of the Parties. Nothing in this Easement Deed shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent, partnership, joint venture, landlord and tenant or any other association between Grantor and Grantee other than the relationship described herein. C. Entire Agreement. This Easement Deed, including all exhibits hereto (which are hereby incorporated herein by reference for all purposes), contain the full and final agreement of every kind and nature whatsoever between the parties hereto concerning the subject matter set forth herein and all preliminary negotiations and agreements of any kind are merged herein. This Easement Deed may not be changed, amended or modified in any manner other than by a written amendment or modification executed by and between Grantor and Grantee or their respective successors and/or assigns. 11086\0004\739193.1 -2- 6/24/03 d. Captions. The captions used in this Easement Deed are for convenience only and therefore do not constitute a part of this Easement Deed and do not amplify or limit the meaning of the provisions of this Easement Deed. e. Partial Invalidity. If any provision of this Easement Deed or the application thereof shall be held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Easement Deed in its application shall not be affected by such partial invalidity but shall be enforced to the fullest extent permitted by law as if such invalid or unenforceable provision was never a part hereof. f. Applicable Law. This Easement Deed shall be construed in accordance with the laws of the State of California and the parties agree that jurisdiction for all actions hereunder shall lie in the State of California. g. Costs of Enforcement. If any legal or equitable action or proceeding is instituted by one party against the other to enforce or interpret any provision of this Easement Deed, the prevailing party in such action shall be entitled to recover from the losing party all of the prevailing party's costs of suit, including, but not limited to, reasonable attorneys' fees awarded by the court. h. Successors and Assigns. All rights, obligations and liabilities herein given to or imposed upon any party hereto shall extend to the permitted successors and assigns of any such party. i. Time of Essence. Time is of the essence of each provision of this Easement Deed in which time is an element. j. Counterparts. This Easement Deed may be executed in one or more identical counterparts and all such counterparts together shall constitute a single instrument for the purpose of the effectiveness of this Easement Deed. IN WITNESS WHEREOF, the Grantor has caused this Easement Deed to be executed as of the day and year first above written. "GRANTOR" M Susan I. Feck 11086\0004\739193.1 -3- 6/24/03 CERTIFICATE OF ACCEPTANCE EASEMENT DEED This is to certify that the interest in real property conveyed by the within deed or grant to the City of Temecula, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Temecula pursuant to authority conferred by Resolution No. 02-74of said City Council adopted August 27, 2002, and the grantee consents to recordation thereof by its duly authorized officer. CITY OF TEMECULA, a municipal corporation LE William G. Hughes, Director of Public Works/City Engineer Date: State of California County of Riverside On a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature (seal) 2003, before me, WITNESS my hand and official seal. 11086\0004\739193.1 -5- 6/24/03 EXHIBITS A AND B LEGAL DESCRIPTION AND GRAPHIC DEPICTION OF EASEMENT AREA 11410\0001\718621.1 1/8/03 EXHIBIT 'A' LEGAL DESCRIPTION FOR STREET DEDICATION (WINCHESTER ROAD) BEING A PORTION OF PARCEL 19, OF PARCEL MAP 140. 19582-1, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN PARCEL MAP BOOK 132, PAGES 82 THROUGH 84 INCLUSIVE, RECORDED DECEMBER 12, 1985 MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 19, THENCE ALONG THE SOUTHWESTERLY LINE THEREOF 1. SOUTH 44031'02" EAST 12.01 FEET TO THE BEGINNING OF A NON - TANGENT 2038.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 42047'27" WEST; THENCE DEPARTING SAID SOUTHWEST- ERLY LINE AND ALONG THE ARC OF SAID CURVE 2. NORTHEASTERLY 33.20 FEET THROUGH A CENTRAL ANGLE OF 0056'00"; THENCE 3. NORTH 48008,33" EAST 192.63 FEET; THENCE 4. SOUTH 88004'35" EAST 39.59 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID PARCEL 19, SAID POINT BEING A POINT ON A 561.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID POINT BEARS NORTH 49049-00" EAST; THENCE ALONG SAID NORTH- EASTERLY BOUNDARY AND THE ARC OF SAID CURVE 5. NORTHWESTERLY 16.39 FEET THROUGH A CENTRAL ANGLE OF 1040'27" TO AN ANGLE POINT IN SAID NORTHEASTERLY BOUNDARY; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 19 6. NORTH 88004'35" WEST 33.24 FEET TO AN ANGLE POINT IN SAID NORTH- ERLY LINE; THENCE ALONG THE PAGE 1 OF 2 RAWPXL @300@310-P0SRW.DOC ?p ,2;0 -o,2a NORTHWESTERLY LINE OF SAID PAR- CEL 19 7. SOUTH 48008'33" WEST 197.45 FEET TO THE BEGINNING OF A TANGENT 2050.00 FOOT RADIUS CURVE CON- CAVE TO THE SOUTHEAST; THENCE ALONG THE NORTHWESTERLY BOUNDARY OF SAID PARCEL 19 AND THE ARC OF SAID CURVE 8. SOUTHWESTERLY 33.75 FEET THROUGH A CENTRAL ANGLE OF 0056,36" TO THE POINT OF BEGIN- NING. CONTAINS 3,179 SQUARE FEET OR 0.073 ACRE, MORE OR LESS. /9 SAD S� 0 ofi A. F/(i9'QG Uco No.7178 * ^,* SCOTT HURST DATE C`gLIF01�' L.S. 7178 EXPIRATION DATE 12/31/2003 PAGE 2 OF 2 RAW PLLegaK230012310-POSRW DOC LEGEND EXHIBIT ^"B" EMINDICATES RIGHT. OACQUISTTION / AREA: 0.073 AC. ORR 317 3179 S.F. / P08 POINT OF BEGINNING / \ AN EASEMENT FOR MAINTENANCE OF LANDSCAPING PER INST. NO. 281100 REG 12113185. OQ`O 1 /� ti4 . cc P. y � CURIE DELTA I RADIUS I LENGTH Cl 1 056'00' 2038.00 33.20' C2 056 36" 2050.00' 33.75' PROMIDEMN C0NSULTAIM vureoo.sm,or.�„>,,,.eHa�on.s�sr9.R+es 43460 Ridge Pork Drive. Suite 170 Ti uta Ce. 92590 909-695-5596 FAX 695-5597 LAND A. * N0. 7178 Exp. 12-31-03 SCOTT A. HURST LS 7178 DAZE REGISTRAALW WIRES 121JI10J ounvCl\CJIU.UD\rLHIJ\CJIUYUJ-i.GW9 May 08, 2003 - 8:37an 19:0PUN -11 EXHIBIT $$B INDICATES TEMPORARY CONSIRUC170M O EASEMENT OP AREAL- 0.053 AC. OR 2308 SF. PoC POINT OF COMMENCEMENT jPQB TRUE POINT OF BEGINNING AN EASEMENT FOR MAINTENANCE OF ib. p1 LANDSCAPING PER INST. NO.2811000 REC. 12113185. / pF% ' 14. ro4'35'E �� 4j VICINITY MAP NO SCµE , 0 laIRWI DELTA I RADIUS 1 LENGTH Cl 056'OD" 2038.00' 33.20' C2 I 05529" 2028.00' 32.73' PROrRcrDEWN CONSEXTAMS 43460 Ridge /hrk 0riw. Suite 170 Temecula, Ca 92590 909-695-5596 FAX 695 5597 LAND W— NO. 7178 Ev.12-31-03 SCOTT A. HURST L.S. 7178 DATE REGIS7RANON EMPIRES 12/31/03 T:\SURVEY\2310.06\PLATS\2310P05-2.dwg mnv OR. ?003 - R:4F,n ITEM 19 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: January 13, 2004 SUBJECT: Professional Services Agreement for Design Main Street Bridge over Murrieta Creek (Replacement), Project No. PW03-05 I PREPARED BY: Amer Attar, Principal Engineer - Capital Projects Laura Bragg, Project Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve an agreement with Simon Wong Engineering in an amount not to exceed $317,719.00 to provide design services for the Main Street Bridge over Murrieta Creek (Replacement), Project No. PW03-05, and authorize the Mayor to execute the agreement. 2. Authorize the City Manager to approve Amendments not to exceed the contingency amount of $31,771.90, which is equal to 10% of the agreement amount. 3. Approve the acceleration of the FY 2004/2005 programmed appropriation of $250,000 for design and administration for encumbrance during this fiscal year. BACKGROUND: The U. S. Army Corp of Engineers (ACOE) is in the process of designing and constructing the Murrieta Creek Improvement Project. Due to the ACOE project, the Main Street Bridge needs to be replaced. The Main Street Bridge over Murrieta Creek Project will include the design and construction of a bridge and approach roadways to include bridge removal, pavement, curb and gutter, sidewalk, storm drain facilities, and environmental studies and mitigation. The new bridge will meet current safety standards and be compatible with both the City's circulation element and the Murrieta Creek Improvement Project. City staff received seven proposals to provide professional engineering design services as outlined in Request for Proposal No. 121. The following firms submitted the proposals: Simon Wong Engineering T. Y. LIN International WILLDAN Tetra Tech, Inc. Imbsen & Associates, Inc. Earth Tech, Inc. PBS&J San Diego San Diego Foothill Ranch Pasadena San Diego San Diego San Diego RAAGENDA REPORTS\2004\011304\MainStreetBridgeMO3-05.agr.DOC The firms were ranked, and the top three firms, as shown, were invited for interviews. Staff has determined that Simon Wong Engineering was the highest ranked consultant based on their submitted proposal, their presentation and interview. Also, the firm has successfully completed other projects for the City and has completed similar projects. Staff has negotiated a scope of work and an equitable fee with Simon Wong Engineering for the professional design services. FISCAL IMPACT: The Main Street Bridge over Murrieta Creek (Replacement) is a Capital Improvement Project and the design is funded through Capital Project Reserves. Current year appropriations include $30,000 for administration and $220,000 for design in accounts 210-165-743- 5801 and 210-165-743-5802 respectively. With the acceleration of the FY 2004/2005 programmed funds ($30,000 for administration and $220,000 for design) from Capital Project Reserves, adequate funds will be available to cover the agreement amount of $317,719 and the 10% contingency amount of $31,771.90 for a total amount of $349,490.90. ATTACHMENTS: 1. Professional Services Agreement with Simon Wong Engineering RAAGENDA REPORTS\2004\011304\MainStreetBridgePW03-05.agr. DOC W m ti H W a r p UI w I C d g 0 0 0 0 0 W y O O O O CCCCCC ou y ° 00 o t N U .. 6v of 6v by 69 vi T � O 7 cc V � y O 3 c ON p Q O O O O Op N u F/-• p 0 0 0 O O b O N .�i O r �P .r h N cq v v 3 chi cn pw 69 69 69 6S 69 V N byp y A .0w O COD O O O p O vl to m 0000 •O 69 69 69 t. T 0 Cl o 0 O O p N N V 69 69 69 U � n1 N J' U 7 O O O O C O O > ^ O rn N > O O N N N p N 69 3 .V v to V U C N .0 N — A a W Nam; w oa•o o ° •a a '� Gq 61 U U F ti h U U v A . ••�� � A O o'� O GL �°. •� chi � o 0.1 0 F d Q U A W W von 9 CITY OF TEMECULA AGREEMENT FOR PROFESSIONAL DESIGN SERVICES MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) PROJECT NO. PW03-05 THIS AGREEMENT, is made and effective as of January 13, 2004 between the City of Temecula, a municipal corporation ("City') and Simon Wong Engineering, ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on January 13, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the preliminary design 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 A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this localityfor 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. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant 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, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, 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. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Three Hundred Seventeen Thousand Seven Hundred Nineteen Dollars and No Cents ($317,719.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. rAC1p\Projects\PW03-05\Simon Wong Agrmt b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or $25,000.00, but in no event shall the total sum of the agreement (basic agreement amount and contingency amount) exceed twenty-five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth 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. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation ordutyto continue compensating Consultant foranywork performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. r.\C1p\Projects\PW03-05\S1mon Wong Agnnt 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from 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 City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising 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 City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability 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 Liability policy described above is acceptable. rAQp\Projects\PW03-05\Simon Wong Agrmt (3) Worker's Compensation insurance as required by the State of California 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 L iability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One Million Dollars $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: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (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 Dollars ($2,000,000) per claim and in aggregate. 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. rAQp\Prolects\PW03-05\Simon Wong Ag"t (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. 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. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant s hall f urnish t he C ity w ith o riginal endorsements effecting coverage required by this clause. The endorsements are to be signed bya 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. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, 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 City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. r:\Qp\Projects\PW03-05\Simon Wong Agrmt 12. LEGAL RESPONSIBILITIES. 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 City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 13. 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 Citys prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, I etters o f s upport, t estimony a t d epositions, response t o i nterrogatories o r other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. 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 (1) 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 delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Simon Wong Engineering 9968 Hibert Street, Suite 202 San Diego, California 92131 Attention: Jim Frost, P.E. Principal rACip\Projects\PW03-05\Simon Wong Ag"t 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without priorwritten consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. 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. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. 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 warrants 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. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is 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. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. r.\Qp\Projects\PW03-05\Simon Wong Agrmt IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Simon Wong Engineering 9968 Hibert St., Suite 202 San Diego, CA 92131 (858)566-3113 Mark Cereveling, PE Vice President Simon Wong, President (Signatures of two corporate officers required for Corporations) rAQp\Projects\PW03-O5\Simon Wong Agnnt EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS Scope of Work and Fee Proposal for the MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) PROJECT NO. PW03-05 December 30, 2003 SUBMITTED BY: SIMON WONG ENGINEERING Scope of Work for the Main Street Bridge Over Murrieta Creek (Replacement) Project Description The existing Main Street Bridge over Murrieta Creek was originally constructed in 1945 as a multi -span reinforced concrete slab bridge supported on concrete columns. The bridge length and width are approximately 170' and 28' respectively. It carries two lanes of traffic with no sidewalks, bike lanes or shoulders. The existing barrier system includes a concrete curb and timber railing elements. Located over the Murrieta Creek west of Old Town Front Street and east of Pujol Street, the bridge is within an area under study by the US Army Corps of Engineers (USACOE) and the Riverside County Flood Control District and Water Conservation District (RCFC and WCD). An Environmental Impact Statement / Environmental Impact Report (EIS/EIR) has been completed by these agencies to provide flood control and protection along Murrieta Creek. A replacement of the Main Street Bridge was included with the preferred alternative. The USACOE intends to prepare a supplemental environmental document for Reach 2 (Main Street Reach). We have assumed that the UASCOE will continue to act as the lead agency for NEPA processing and will prepare all permits necessary to facilitate the bridge project. The replacement for the Main Street Bridge will likely include two 14' traffic lanes, bike lanes (shoulders), sidewalks and barriers. The total width of the bridge will be about 52' depending on the width of shoulders, sidewalks and barriers. The length of the bridge will be about 1 50'depending on the final channel cross section defined by the USACOE. The primary objective of this project is to develop a replacement structure for the existing Main Street Bridge which is designed to meet current standards, satisfies the creek hydraulic demands, fits within the existing roadway geometry, is architecturally consistent with the Old Town environment and can be ready for bid in late 2004 with the other channel improvements. We understand that the City of Temecula will be pursuing HBRR funding for the construction phase of this project. Our scope of work assumes that the design phase will only include coordination and review through the City, the USACOE, the RCFD and WCD; however, the bridge design will be consistent with Caltrans Design Specifications, the Seismic Design Criteria and Memos to Designers. Scope of Work 1.0 Preliminary Design The preliminary design phase of the project includes the development of the project to the 30% design level. Included in this phase is a site visit, as -built plan research, utility location, and preparation of a site base map. We have assumed that the aerial topographical map prepared by the USACOE will be made available to the Design Team in CADD format. Field surveys will be conducted to supplement the topo maps in areas of interest. After base map development, we will develop the bridge type selection to formalize the bridge type, materials, span arrangement, constraints, foundations, aesthesis and construction methods. This document will be prepared in accordance with Caltrans MTD 1-29. Main Street Bridge over Murrieta Creek (Replacement) Scope of Work 12/30/2003 1.1 Project Management and Administration This task includes project management and administration during the preliminary design phase. Jim Frost has been assigned as Simon Wong Engineering's project manager and will be the main point of contact between the City and the Design Team throughout the design and construction phase of this project. Project Management tasks include: coordinate and attend all team meetings, direct the team's subconsultants, develop meeting agenda and minutes, manage the project schedule and coordination with the USACOE, RCFC and WCD at the direction of the City. It also includes the coordinate with all other engineers, architects, and developers for all on -site and off -site storm drain, grading, utilities, and other underground and surface improvements within the project surroundings. 1.2 Project Schedule The schedule developed during the proposal and interview stage has been revised to reflect this scope of work and revised start and finish dates. This schedule will be updated monthly and submitted to the City of Temecula. 1.3 Quality Control Plan SWE's in-house quality control plan will be implemented for this project. Project specific changes will be made as necessary. 1.4 Project Meetings Up to five Team meetings with the City of Temecula are assumed during this phase. These will be held at the City's office approximately every two to four weeks. The following table provides our assumption for meeting attendance: Meeting Description Firm Name Kim/ey Hom EDAW KTU+A Geocon Kick -Off Meefn Team Meetin #1 RWon X X X X X Team Meetin #2 X Team Meetin #330'� Desi n Review X X X X 1.5 Site Visit, Field Surveys and Mapping A site visit will be held by all team members to review the existing conditions. Field surveys will be completed to supplement the aerial topographical map prepared by the USACOE which we assume will be made available to the Design Team in CADD format. We will locate horizontally to 0.1+ feet all existing facilities within the project limits that are not adequately defined in the USACOE mapping. The coordinate system for the field surveys will be consistent with the USACOE base. Field surveying will identify existing topographical features (including all critical points) and tie out any and all existing survey monuments that may be disturbed by the work. Street centerline and centerline stationing will be established to an Main Street Bridge over Murneta Creek (Replacement) Scope of Work 12/30/2003 accuracy of one -tenth (0.1) foot. We will establish one field survey datum or benchmark which was used in the design for use during construction and all elevations, dimensions, and other measurements necessary to establish proper line and grade. Documentation for all survey monumentation used in the design for use during construction will be provided with electronic files and a plot of all control coordinates for use in construction staking. 1.6 Geometric Study (Front to Pujol Street) There is no work under this task per the City's direction. 1.7 Right -of -Way Studies Existing right -of way maps will be researched and transferred to the project base map. It is assumed that the new bridge will fall within the existing right-of-way; however, as an additional service our team can develop right-of-way plats, legal descriptions and easement documents as noted in task 2.15. 1.8 As -Built and Utility Research As -built plans for the bridge and existing facilities will be researched and transferred to the project base map. Utility companies with facilities within the project limits will be contacted and kept updated on the project construction documents. 1.9 Hydrology, Hydraulics and Scour The placement of bridge piers in the Creek will require a hydraulics and scour analysis. The current hydraulic modeling was done by the USACOE assuming a single 3' wide pier. Different bridge alignments and span arrangements will need to be evaluated by the Design Team with the assumption that the base hydraulic model will be provided to the Design Team. Hydrology studies have not been included since these will be part of the existing hydraulic models. We have assumed that up to three different channel section and bridge pier models will be evaluated for hydraulic conditions but only the selected alternative will be evaluated for scour. A hydraulic analysis will also be completed for any minor storm drain facilities effected by the project. 1.10 Bridge Type Selection This task includes the development of the preferred bridge alternative for the site. A bridge type selection report will be developed to formalize the bridge type, materials, span arrangement, constraints, foundations, aesthesis and construction methods. This document will be prepared in accordance with Caltrans MTD 1-29. 1.10.1 Coordinate with the project geotechnical engineer for appropriate foundation type and sizing. Based on the known geotechnical conditions up and down stream of the bridge and the close proximity of private property, large diameter drilled shaft foundations are anticipated (CIDH concrete piling). Main Street Bridge over Murrieta Creek (Replacement) Soope of Work 12/30/2003 1.10.2 Coordinate with the project civil designer and the USACOE for bridge vertical alignment and landing requirements. 1.10.3 Perform research on the site history to obtain a baseline for bridge architecture consistent with the Old Town Temecula environment. This task will include research at the Temecula Valley Museum and a photo reconnaissance within Old Town Temecula. 1.10.4 Develop up to three bridge alternatives for the site. These will include a two span and three span cast -in -place prestressed concrete bridge alternative along with a structural steel or timber alternative. We will prepare a general plan and preliminary cost estimate each alternative. 1.10.5 Develop architectural and aesthetic alternatives for the bridge that tie-in with the Old Town Temecula themes. Details might include "rustification" elements like boardwalk style sidewalks, lighting fixtures, concrete staining and entry monuments or pilasters. We will also evaluate opportunities to create a pedestrian atmosphere that ties -in with the park area on the northeast corner and the creek trail system with the bridge. Up to two photo renderings will be completed for the review of the architectural and aesthetic alternatives. 1.10.6 Prepare a Type Selection Report with our recommendation for design alternatives, abutment and bent layout, utility issues, maintenance issues, aesthetic issues and construction methods. This report will also document the preliminary engineer's estimates for the three alternatives. 1.11 Geotechnical Engineering Geotechnical field investigation and lab testing will be completed to support the bridge and roadway design. Based on published geologic maps, it appears that the bridge alignment is underlain by alluvium over Pauba Formation. Shallow groundwater at about creek elevation is expected. We understand that the bridge will be designed to Caltrans standards but will not be reviewed by Caltrans during the design phase. We will obtain encroachment permits through the City of Temecula and consult with the California Department of Fish and Game and the USACOE for access to the channel for subsurface exploration purposes. 1.11.1 Review published geologic maps, aerial photographs, "as -built' plans, in- house documents, and other literature pertaining to the site to aid in evaluating geologic conditions and hazards that may be present. 1.11.2 Drill three small -diameter borings using mud rotary drilling equipment; one at each abutment through the alluvium into underlying formational materials (approximately 70 feet) to examine and sample the prevailing soil conditions. Drill one hand -auger boring west of the bridge to obtain a sample for R-value testing for preliminary pavement design. Drilling mud will be disposed of by Geocon. Pavements will be patched with cold patch asphalt or as specified in the encroachment permit. 1.11.3 Perform laboratory tests on selected soil samples to evaluate unit weight, water content, pH, resistivity, soluble -sulfate content, chloride ion content, Main Street Bridge over Murrieta Creek (Replacement) Scope of Work 12/30/2003 grain size, shear strength, consol-idation, expansion, pavement support, and compaction characteristics of the prevailing soils. 1.12 30% Design Submittal The 30% design submittal will be based on the preferred alternative and will include a project title sheet, a sheet list (assumed through 100% design), bridge general plan, bridge foundation plan, roadway plan and profile sheet, grading plans, preliminary landscape plan and a preliminary engineer's estimate of probable cost. Utility dispositions will be defined on the bridge foundation plan or on the roadway plan and profile sheets. 1.13 Supplemental Environmental Studies and Permits For the baseline scope of work, this task is assumed to be completed by the USACOE. Therefore, our environmental scope is limited to attending team meetings and providing assistance on the environmental process on an as -needed basis. No CEQA/NEPA documentation, environmental permits, or environmental technical reports would be prepared under the baseline scope of work. The scope of work noted below is an optional task which may be exercised in whole or part at the direction of the City of Temcula. 1.13.1 Prepare an environmental evaluation for the Main Street Bridge Replacement Project to verify that the analysis provided in the Flood Control Project EIS/EIR adequately covers the City's proposed bridge replacement project. The evaluation will address all of the issue areas identified on the CEQA IS checklist. Due to the length of time since biological surveys were conducted in the study area, additional biological surveys of the project location will be undertaken. A sensitive plant survey and general vegetative assessment for rare plant species, a general assessment of the vegetation communities, and a general functional assessment of the riparian habitats will be conducted. Vegetation mapping from the EIS/EIR will be updated and the wetland delineation prepared for the Flood Control Project EIS/EIR will be used. General wildlife surveys will be conducted in the project study area; however, focused wildlife surveys are not included in this scope of work. The City's project will be evaluated to determine if significant changes have occurred to the proposed project and to environmental circumstances surrounding the bridge site. In addition, new environmental regulations, studies, and information that were not available at the time of the EIS/EIR preparation will be reviewed. Section 15162 of the CEQA Guidelines will be consulted to determine if additional CEQA documentation (i.e., subsequent or supplemental EIR) is required for the project. Under this scope of work, it is assumed that no further CEQA documentation will be necessary. 1.13.2 The City of Temecula will require a Department of the Army Permit (i.e., Clean Water Act Section 404 Permit) from the USACOE's Regulatory Branch and a Section 1601 Streambed Alteration Agreement from the California Department of Fish and Game. We will prepare a Section 404 permit application and an application for a Section 1601 Streambed Main Street Bridge over Murrieta Creek (Replacement) Scope of Work 12/30/2003 Alteration Agreement for the bridge replacement project. The existing 401 Permit and 1601 Streambed Alteration Agreement for Phase I of the Murrieta Creek Flood Control Project will be utilized for this project. It is assumed that these permits will be amended to include the City's proposed bridge replacement project. We will utilize the wetland delineation prepared for the Flood Control Project EIS/EIR, for the permit applications and biological resource evaluations. The permit applications will quantify the necessary mitigation, and we will evaluate potential mitigation sites within the Murrieta Creek system for suitability. General mitigation requirements for the selected mitigation site will be identified and the site's boundaries will mapped at a level suitable to support the permit applications. The vegetation mapping for the mitigation areas will identify the boundaries of existing upland and wetland habitats. Detailed vegetation mapping, surveys, and soil testing of the mitigation sites will not be conducted because it is not anticipated that these tasks will be required in order to complete the Section 404 Permit and 1601 Streambed Alteration Agreement applications. No site -specific mitigation plans are included in this scope of work. We have assumed that the bridge project will be covered in the USACOE's permitting and that separate NPDES permit, storm water pollution prevention plan and notice of intent to the Regional Water Control Board will not be necessary. 2.0 Final Design Once we have approval of the type selection, we can begin final design. This task includes the development of the construction ready plans, specifications and estimate (PS&E). Details will be prepared in English units in a format compatible with AutoCAD 2000 or above. We will provide submittals at the 70%, 90% and 100% levels. 2.1 Project Management and Administration This task includes project management and administration during the final design phase. The scope is similar to that noted in Task 1.1. 2.2 Project Meetings Up to six Team meetings with the City of Temecula are assumed during this phase. These will be held at the City's office approximately every month. The following table provides our assumption for meeting attendance: Firm Name Simon Won Kim* Horn EDAW KTU+A Geocon in #1 X 4Descripdonscription in #2 X n #3 X Review X XnReview X XReview X X X X Main Street Bridge over Murrieta Creek (Replacement) Scope of Work 12/30/2003 2.3 Final Foundation Report Prepare a report presenting our findings and our conclusions and recommendations regarding the geotechnical aspects of constructing the proposed bridge and widening. Recommended foundation design criteria including bottom of footing elevations and bearing capacities or pile tip elevations and lateral pile capacities will be included. The report will be prepared in accordance with Caltrans Guidelines for Foundation Investigation and Reports, version 1.2. A Log of Test Borings in Caltrans format (but transferred to a City title block) will also be provided. Recommended grading specifications, temporary slope criteria, liquefaction evaluation, groundwater conditions, seismic design criteria, retaining wall design criteria, excavation characteristics including any necessary over excavation and re -compaction areas or embankment surcharges, R-values of subgrade material and the structural section of each road segment using the latest traffic index will be included in the report. 2.4 Bridge Design and Detailing This task includes the design and detailing of the bridge based on Caltrans manuals and procedures. We have assumed a conventional two span or three span cast -in - place concrete bridge alternative as the baseline in estimating our design cost. A general plan of the bridge has been attached. The design effort for a non - conventional "through girder", structural steel or a timber bridge alternative may require a revision to our scope and fee estimate. 2.4.1. Prepare the bridge design calculations based on Caltrans Bridge Design Specifications LFD Version, Dated April 2000 (with revisions available on he Caltrans Publications web site). The design calculations and details will also follow the guidelines in the current Caltrans Bridge Design Aids, Bridge Memo to Designers and Bridge Design Details (versions available on he Caltrans Publications web site). 2.4.2. Prepare seismic analysis and design in accordance with Caltrans SDC version 1.2. 2.4.3. Prepare "unchecked" bridge plans. Bridge plans are assumed to include the following sheets: Sheet# Sheet Name 1 General Plan 2 Deck Contours 3 Foundation Ptan 4 Abutment 1 La out 5 Abutment 2 Layout 6 Abutment Details No. 1 7 Abutment Details No. 2 8 Bent Details No. 1 9 Bent Details No. 2 10 T ical Seoh'on 11 Girder Layout 12 Girder Details 13 Miscellaneous Details No. 1 14 Miscellaneous Details No. 2 15 BarrierandRailin Details 16 Bdde Removal Plan Main Street Bridge over Murrieta Creek (Replacement) Scope of Work 12/30/2003 2.5 Bridge Removal / Phasing Plans The bridge removal plan will be incorporated in with the bridge plan set. We have assumed that Main Street will be closed during construction within the project limits. 2.6 Grading Plans Grading plans will be developed for the area of bridge and roadway construction. These plans will include cross -sections of the creek consistent with the USACOE's channel grading plans including maintenance roads and trails. They will show the specific details required to grade the approach roadway up to the bridge abutments and any transition work needed to tie-in with the general channel section. We anticipate two sheets for this task. 2.7 Roadway Improvements Roadway improvement plans will including pavement sections, signing and striping, sidewalk / curb and gutter, driveway modifications and relocations, storm drains, utility locations, and other above ground appurtenances. We anticipate two sheets for this task. 2.8 Traffic Control (Detour) Plans Traffic control plans will be limited to road closure signage at Old Town Front Street, and Pujol Street with signage and barricades at Main Street. If necessary, details for temporary driveway access to local facilities will also be included. We anticipate one sheet for this task 2.9 Signing and Striping The signing and striping plan will be incorporated with the improvement plans. 2.10 Utility Relocations We have assumed that the dry utility (overhead phone, overhead electrical and gas) relocation plans will be completed by the respective utility companies. We will reference these relocations in the improvement plans or on the bridge foundation plans and in the project specifications. Our scope for the relocation of wet utilities includes only the storm drain system. 2.11 Landscaping / Hardscaping and Irrigation Plans This task includes the preparation of planting, irrigation, erosion control and hardscape plans. A palette of native and/or low water use trees, shrubs, vines and groundcovers will be selected based on design criteria established by the City, USACOE and Riverside County Flood Control & Water Conservation District and the environmental requirements of Murrieta Creek. Plant materials will be selected to minimize water use, reduce maintenance requirements, maintain sight clearances, enhance the community character, and meet the requirements and guidelines established by the governing agencies. Where maximum heights and /or sizes for plant materials must be controlled for sight clearances and other safety features, this will be achieved through the natural growth pattern of the selected plants rather than a reliance on continual maintenance to control the Main Street Bridge over Murrieta Creek (Replacement) Scope of Work 12/30/2003 plant size and height. Existing plant materials will be preserved and protected when feasible. A survey of existing trees and shrubs will be prepared to include location, type, size and general health. This information will be evaluated and incorporated into the final design as appropriate. Irrigation systems will be designed to minimize overspray and runoff. Irrigation water and associated drainage will be contained within the planted areas to avoid slick roadway, crosswalk and sidewalk surfaces. 2.11.1. Visit the project site to identify site specific issues, photograph the site, and take a soil sample for horticultural analysis. Identify the general locations of plant materials, identify any special treatments to meet mitigation requirements, and illustrate a sample of the proposed irrigation system. Plant materials will be selected to meet specific functional, aesthetic, maintenance, drought tolerance, site and environmental conditions. Specific planting techniques will be identified. Irrigation discussions will include temporary vs. permanent systems, availability of reclaimed water, water application methods, water and electrical connections, and equipment. 2.11.2. Prepare final construction documents for the planting, irrigation erosion control and hardscape. The planting plans will identify the species and location of all proposed plant materials. A plant material legend will include the botanical and common names, quantities, container size and minimum height and spread of the plants at the time of installation. The irrigation plans will identify the locations of the irrigation heads, main and lateral lines, valves, water meters, backflow preventers, controllers and other appurtenances. to ensure 100% coverage of the irrigation system. The sprinkler schedule will identify the types of head, diameter of throw, and required operating pressure. We will coordinate with the City of Temecula for electrical connections for the irrigation controllers. Planting and irrigation detail sheets will also be prepared 2.12 Erosion Control / BMP's Construction phase erosion control BMP's will be detailed in accordance with the City's standard of practice. This work will be coordinated with the City's NPDES specialist. We do not anticipate any post construction BMP's for this project other than the erosion control vegetation which will be a part of the landscape plans. 2.13 Traffic Signaling (Interconnect) We are not aware of any traffic signals west of the bridge; therefore, we have not included any work under this task per the City's direction. 2.14 Street Lighting Our scope of work includes the locating decorative Old Town style street lighting within the project limits. 2.15 Legal Description, Right -of -Way Plats, Easement Documents Main Street Bridge over Murrieta Creek (Replacement) Scope of Work 12/30/2003 Based on our understanding of the existing right-of-way, there will not be any legal descriptions or right-of-way plats required for this project. We also have assumed that easement documents will be prepared by the USACOE as a part of the channel improvement project. This task is considered optional and may be exercised in whole or part at the direction of the City of Temcula. 2.16 QA/QC (70%, 90% and 100%) An in-house QA/QC review will be performed by the Project Manager and/or the Principal -in -Change for each design submittal, including subconsultants' work, to assure a high -quality and complete design package. We will also perform a detailed plan review and independent design check of the bridge design as noted in Task 2.20. 2.17 Specifications Special provisions for the project will be prepared for the 90% and 100% submittal levels. Special provisions covering the bridge related improvements will follow the 2002 version of the Caltrans Standard Specifications and standard special provisions (dual units). Special provisions for all other items of work will reference the 2000 version of the Standard Specifications for Public Works Construction (Greenbook). Since the City uses Sections 1 — 9 of the Greenbook for contract administration; any reference to corresponding sections in the Caltrans Standard Specifications will be appropriately edited. Two hard copies of the completed Special Provisions will be submitted with one copy printed with all edits and hidden text visible and the second copy suitable for publication without hidden text visible. An electronic version of the specifications will also be submitted in MSWord format and utilizing the track changes feature. 2.18 70% PS&E Submittal The 70% Design Submittal will include all bridge plans, fully completed but "unchecked", civil plans and landscape plans developed to a 70% design level. It will also include an updated engineer's estimate. The submittal will be made to the City, Army Corp of Engineers and Riverside County Flood Control & Water Conservation District. We have assumed distribution of up to 10 full-size plans and 10 half-size plans on bond. 2.19 Review and Respond to Comments Our team will review and respond to all comments received from the City of Temecula, the USACOE, the RCFD & WCB. We will also review and respond to comments received from the effected utility companies. Our response will be in written form. 2.20 Bridge Independent Check A complete independent check will be done on the bridge design and details and by an engineer who was not involved with the initial design. The "checker" will provide a stand-alone set of calculations that are based on the 70% design details and a complete red -line, yellow mark set of reviewed plans. The "checker" comments will Main Street Bridge over Murrieta Creek (Replacement) 10 Scope of Work 12/30/2003 be resolved with the designer and revisions incorporated in the 90% submittal. 2.21 Quantities, Estimate and Bid Item List Quantities will be calculated and independently checked for each major item of work in accordance with the procedures in Section 11 of the Caltrans Bridge Design Aids. Items typically bid on a lump -sum basis (landscaping, irrigation, bridge removal and prestressing) will be quantified by individual component. Once the quantities have been resolved, a unit price will be applied based on the current Caltrans Cost Data, local and site speck conditions and engineering judgment. The resulting estimate will be factored up to include mobilization, contingency and inflation factors (as appropriate). A bid item list will be provided for the City's use in the bid documents. 2.22 90% PS&E Submittal The 90% PS&E submittal will include all plan sheets in a completed format, special provisions and the engineer's estimate. We will also provide hydraulic calculations, scour calculations, bridge design calculations and independent check calculations. The submittal will be made to the City, Army Corp of Engineers and Riverside County Flood Control & Water Conservation District. We have assumed distribution of up to 10 full-size plans and 10 half-size plans on bond. 2.23 Review and Respond to Comments Our team will review and respond to all comments received from the City of Temecula, the USACOE, the RCFD & WCB. We will also review and respond to comments received from the effected utility companies. Our response will be in written form. 2.24 100% PS&E Submittal The 100% PS&E submittal will include bid ready plans, specifications and engineers estimate based on comments received from the 90% submittal. We will also provide a resident engineers pending file with copies of the quantity summary sheets, bridge 4-scale plots and other data to be transferred from design to construction. The submittal will be made to the City, Army Corp of Engineers and Riverside County Flood Control & Water Conservation District. We have assumed distribution of up to 10 full-size plans and 10 half-size plans on bond. Upon approval of the 100% submittal, final deliverable will include a CD with the project design file(s) along with one set of wet signed and stamped 24" X 36" mylars. 2.25 Environmental Permits As noted in Task 1.13, we have assumed that the USACOE will be handling all permits associated with the bridge as a part of the channel improvements. If desired as a optional service, we can complete the permits noted in Subtask 1.13.2. 3.0 Construction Engineering and Support Simon Wong Engineering can provide a full range of construction engineering services from design support through full inspection and administration duties. These tasks have not Main Street Bridge over Murrieta Creek (Replacement) 11 Scope of Work 12/30/2003 4.0 5.0 been included in this base scope but will be negotiated at a later date. Design Fee Our design fees are based on 2004 hourly rates and our estimate of hours required per major task. Billing will be on time -and -materials format with total base scope not -to -exceed amount of: Phase I — Preliminary Engineering Phase II — Final Design Total Base Services Optional tasks have been estimated with a not -to -exceed amount of: Optional Environmental Services Optional Legal Descriptions, ROW Plats and Easements Total Optional Services Total Base and Optional Services $110,295 $173,756 $284,051 $29,930 $3,738 $33,668 $317,719 Optional services will not be undertaken without written direction from the City. A fee summary table and backup hour estimate tables have been attached. Design Schedule The attached baseline schedule for this project assumes a notice -to -proceed date of January 14, 2004. Currently, the milestone submittal dates are as follows: Milestone Date Brid e Type Selection Report Februaiy 23 2004 30% PS&E March 12, 2004 70%PS&E June 14, 2004 90% PS&E Atkqust 24, 2004 100% PS&E October 4, 2004 Our scope and fee estimate are based on the assumption that this project will proceed through 100% design in 2004. Significant extension of the project schedule due to delays outside of Simon Wong Engineering's control may require a renegotiation of some design and management costs. Main Street Bridge over Mumieta Creek (Replacement) 12 Scope of Work 1/7/2004 Main Strw December Creek (Replacement) Amount Percentage Fee Subtotal $37,160 ODC's (5%) $1,858 Sub Markup (5%) $3,394 Total Fee $42,412 38% Kimley-Horn and Associates Amount Percentage Fee Subtotal $25,200 ODC's (5%) $1,260 Total Fee $26,460 240 EDAW Amount Percentage Fee Subtotal $9,110 ODC's (5%) $456 Total Fee $9,566 9% Geocon Inc. Amount Percentage Fee Subtotal $8,030 ODC's $8,435 Total Fee $16,465 15% KTU+A Amount Percentage Fee Subtotal $14,660 ODC's (5%) $733 Total Fee $15,393 14% Team Totals _ Amount Base Fee Subtotal $94,160 ODC's $12,741 Sub Markup (5%) - $3,394 Total Base Fee Phase 1 $110,295 Optional Environmental Services $29,930 Total Not -to -Exceed Fee Phase 1 $140,225 City of Temecula Main Street Bridge over Mumlela Creek (Replacement) December 30, 2003 Amount Percentage Fee Subtotal $106,430 ODC's (5%) $5,322 Sub Markup (5%) $2,953 Total Fee $114,704 66% Kimley-Horn and Associates Amount Percentage Fee Subtotal $36,570 ODC's (5%) $1,829 Total Fee $38,399 22% EDAW Amount Percentage Fee Subtotal $3,440 ODC's (5%) $172 Total Fee $3,612 2% Geocon Inc. Amount Percentage Fee Subtotal $4,540 ODC's $227 Total Fee $4,767 3% KTU+A Amount Percentage Fee Subtotal $11,690 ODC's (5%) $585 Total Fee $12,275 7% Team Totals Amount Base Fee Subtotal $162,670 ODC's $8,134 Sub Markup (5%) $2,953 Total Base Fee Phase 11 $173,756 Optional Legal Descriptions, ROW Plats and Easements $3,738 Total Not -to -Exceed Fee Phase II $177,494 Main Street Bridge over Murrieta Creek (Replacement) December 30, 2003 FIRM NAME 31mon Wong Engineering Klmley-Horn Associates EDAW Geocon KTU+A TOTAL I - PRELIMINARY ENGINEERING 1.1 Pro Management & Admin 36 36 1.2 Project Schedule 8 8 1.3 quali Control Plan 4 4 1.4 Project Meetings 54 18 24 12 18 126 1.5 Site Visit I Field Survey / Mapping 16 36 14 66 1.6 Geometric Stud Front St. to Pu'ol St. 1.7 Right -of -Way Studies 2 2 4 1.8 As -Built and Utllitv Research 4 8 12 1.9 Hydrology, Hydraulics and Scour 6 120 128 1.10 Bridge Type Selection 132 214 1.11 Geotechnical Investigation 6 22 76104 M42 1.12 30% Design Drawings 22 16 80 1.13 Supplemental Environmental Studies / Penni 2 28 30 SUBTOTAL 292 200 74 88 810 II - FINAL DESIGN 2.1 Pro' Manatiernent & Admin 75T 75 2.2 Project Meetings 70 18 12 18 118 2.3 Final Foundation Report 8 12 20 2.4 Bride Design 268 268 2.5 Bride Removal / Phasing Plans 16 16 2.6 Grading Plans 26 26 2.7 Roadway Improvements 26 28 2.6 Traffic Control Detour Plans 2 14 18 2.9 Si nin and Striin 14 14 2.10 Utili Relocations 2 4 6 2.11 Landscaping / Hardsca in and Imi ation Plan 48 48 2.12 Erosion Control / BMP's 18 12 30 2.13 Traffic Signaling Interconnect 2.14 Street Lighting 32 32 2.15 Legal Desc / ROW Plats / Easement Docs. 2 2 2.16 QAfQC Review 70%, 90% & 100% 48 10 8 66 2.17 Specifications 26 18 12 56 2.18 70% PS&E Submittal 60 10 12 2 84 2.19 Review and Responded to Comments 10 40 6 10 66 2.20 Bridge Independent Check 132 132 2.21 quantities / Check / Estimate / Bid List 49 12 10 71 2.22 90%, PS&E Submittal 66 10 2 78 2.231 Review and Responded to Comments 8 40 9 57 2.24 100% PS&E Submittal 68 10 2 80 2.25 jEnvironmental Permits 2 28 30 SUBTOTAL 912 302 28 42 133 1417 III - BIDDING AND CONSTRUCTION SUPPORT 3.1 Pro' Management & Admin 3.2 Project Meetings 3.3 Construction Survey Datum / Control 3.4 Bid Sue2ort / Addenda / Analysis 3.5 Construction Support / Observations 3.6 AS -Built Plans SUBTOTAL TOTALS 1204 502 102 1130 289 2227 TASK ANALYSIS PRIME CONSULTANT - SI[ ON WONG ENGINEERING POSITION PRINCIPAL ENGINEER PROJECT MANAGER SENIOR ENGINEERI SENIOR ENGINEER II ASSISTANT ENGINEER ASSIT STAN ENGINEER SENIOR TECHNICIAN CLERICAL TOTAL COST STAFF Me* Graveling inn Frost Andy Sanford Keith Gateway Crelg Shannon Jon Hermsled Ty Main I - PRELIMINARY ENGINEERING 1.1 Prol Management BAdoun 12 24 36 $ 5,460.00 1.2 P dScI S 8 $ 1,120.00 1.3 Quality Conol Plan 4 4 $ W.w 1.1 IPMW Meetin s 12 30 12 54 S 7.620.00 1.5 Sita Melt/Field Sun /Ma in 4 4 8 16 S 1,880.00 1.6 Geanetrk Study IFwnt St. b Fuld St. $ 1.7 Riaht-af-Way Studles 2 2 S 280.00 1A As -Built and UOli Reeeemh 4 4 S 440.00 1.9 Hyd,rdogy,H mulice and Scour 2 4 6 $ 720.00 1.10 Udine Type, Selection 10 18 60 16 30 132 S 15,410.00 1.11 Geoladmical Investigation 2 4 6 $ 720.00 1.12 30%DesignDmwi 2 4 8 6 22 $ 2,670.00 1.13 Supp4eenenfiel Environmental Studies / Pami 2 2 $ 2W.00 SUBTOTAL 38 98 92 16 50 292 $ 37.160.00 II -FINAL DESIGN 2.1 Pro Mena amen! 6Admla 20 55 75 $ ITM.W 2.2 PIo'ed Meetings 12 40 18 1 70 $ 9.680.00 2.3 Final Foundation Re rl 4 d S $ 1,000.00 2.4 Snags Destn 8 IN 100 268 $ 29,720.00 2.5 Badge Remoyal / PtuouPlans 6 10 16 $ 1,760.00 26 Gnuding Plane E _ 2.7 Roadmy Improvements $ 2.8 TMMC Contrd Detour Plans 2 2 $ 220.00 2.9 Signing and tnpinq $ 2.10 Utility Relocations 2 2 $ 220.00 2.11 Lendsca 'n / Hanisca and Im ation Plans $ - 2.12 Erosion Conical I BMP's $ 2.13 TreSIc SI nali Interconnect $ _ 2.14 Street Li ton E 2.15 Lesial Deac/ROW PIata/Easement Dora. 2 2 $ 280.00 2.16 OA(OC Review 70% 90%81W% 24 24 48 $ 7,560.00 2.17 Specifications 2 24 26 $ 2,920.00 2.18 70%PSBE Submittal 4 24 32 60 $ 6,720.W 2.19 Review and Re o d to Carmna,e 2 8 10 $ 1,160.W 2.20 Bdtl a Independent Check d 8 120 132 $ 12,840.00 2.21 Cuantities l Check/Estimate/Bid List 1 1 24 24 49 $ 5,060.00 2.22 90%PSAE Submi8al 4 1 20 170 32 Gil $ 7.230.00 2.23 Review entl Re entl m Comments B 8 $ 880.00 2.P4 1W%PSBE Submittal 2 8 18 10 32 68 $ ],]OD.00 2.25 Environmental Permits 2 2 E 28000 SUBTOTAL 58 1W I $ 106,43DA0 III - BIDDING AND CONSTRUCTION SUPPORT 3.1 Pro' Management 6 Admin i $ _ 3.2 Pm ad Meant lis $ 3.3 Cannuction Survey Datum / Control I Is _ 3.4 Bid Suppodl Addenda/Anal is 41 M $ 3.5 Conscuclion Su /Observations $ _ 3.6 AS -Built Plans I_ SUBTOTAL Is TOTALS1 94 1 2W 1 1 418 1 180 1 1 256 1 1204 $ 143,590.00 2004 Hourly Rate Schedule - Simon Wen. En.inoadnn PRINCIPAL ENGINEER I PROJECT MANAGER SENX)RRI so uaF SENN)R ENGWEE0.11 ASSISTANT A881STANi SENNM FXOIXEER EXOIXEFA TECHXIGWI CLERICAL $ 175.00 1 $ 140.00 $ 130.00 $ iio.00 1 $ 95.D0 I $ 95.00 1 $ 110.0 § POSITION PRINCIPAL I PROJECT BENIOR BENIOR ASSISTANT ASSISTANT SENIOR CLERICAL TOTAL COST ENGINEER MANAGER ENGINEERI ENGINEERII ENGINEER ENGINEER TECHNICIAN De STAFF Chuck nnis Jim John Sam Julie Debbie Gm Spinal, PE LamMal, PE NovAan, qL5 MOMs,PE MCWhoder, P JeLinW gamierez De Las Rayea REL -PIMINARY ENGINEERING 1d P Management BAEmin 1.2 ProjedSchedule i 1.3 QualityConhal Ian S - 1.5 Meatin a 18 f 1.6 Sit. Malt Sun,/Me iu Sitemebk d / tp IS $ 3*060000 1.6 Stud Geomatrk St (Front St, to Pu of St.) 8 6 36 $ /�00 1.7 RightoIWay Studies 2 f 1.0 and Research 2 $ 310.00 /.9 ydr H H sulks erM Scour Hydrology, 29 2 4 48 d 8 E 800.00 1.10 BridgeT SeleNan 4 24 13 120 E 14,580.00 tA1 Geotedlnimllnveeti a9on f - 1.12 3o%leas nDrewina E 1.13 Su lemantal Envionmenial SMtlies / Permi 8 8 18 f 1,60p.00 SUBTOTAL 33 28 12 88 4 dd 13 200 a f 25,200.00 II-FlNALOESIGN 1.1 P Man ement SAdmin 2.2 Pr 'ed Mealin s Final Foundation Re Bna a leesi n BridgeRemovel/Phasin Plans Gredi Plana Roedwa Ilr Dements Traffic Detour Plans 18 2 2 2 2 8 8 4 4 4 8 8 $ 8 8 8 18 26 26 14 14 4 E $ 3,060.00 E $ - $ - $ 3,020.00 $ 3.020.00 0 0 2.3 2./ 2.5 2.6 2.] 2.8 2.9 S nin end Sid in endSonlrdltriping Utility Relomtions 2.10 2.11 Landsca 'n / Hmdla^a 'n and fid ation Plans 2.12 Erosion r-mml IRuw, 2.13 Tmfic5nalin Intarmnned2.14 10 18 0 StreetLi h0n E$2,120.00 2.15 L alDesc/ROWPMis/EasementDocs.2.16 8 32 OA/OC Review ]0%,90%S 100% 4 6 2.1] 'rations ]0%PSBE Sus 2 2 4 8 10 18 2.19 2.19 mi Res tCh Comments Bridge Intla tlent Check Bride Independent 4 10 18 4 10 10 40 $ 1,240.00 $ 4,690.00 2.20 2.21 'ad'Oea /Check /Estimate /Bid List $ " 2.22 90%PSBE Submi6al 2 $ a 1z a 1.360.90 2.23 Review am Respond to Comments 4 4 d TO $ 1,240.00 $ 2.24 100%PSBE Submittal Environmental Permits 2 8 4 18 8 4 4 40 10 4,520.00 $ 4,240.00 2.25 SUBTOTAL 4 56 88 48 i6 ]6 16 302 $ 36,510.00 III -BIDDING AND CONSTRUCTION SUPPORT 3.1 Pr Management 8 Admin 3.2 P 1Meetin s $ 3.3 CGnaluc nSane Datum/Contml $ - $ 3.4 Bid Support / Addenda tAnais 3.5 Colatruclicm Su I obaen didde $ - f s - 3.6 "Pied. sUBTOTAL E TOTALSI E7 1 82 1 12 88 S 61,770.00 118 20 120 129 502 20O4 Hou rlv Ra1a Qrhadula _ WI...re.._u..,.. __. pRIXLIp.LL ENGINEER ppOJELT YAX.ICFR BENX)R FPOINEERI 6EN10R EXOIXEER II N8918TN1T Aa918TANT SEXIOf ENGINEER EHGINEEq TELNXICIJ,H CLERICIL $ 190.00 $ 1]0.00 $ 150.00 E 135.00 E 110.00 E 90.03 $ ]0.00 Mao Sbael India.. MMdata leak (Rapwonaan) TASK ANALYSIS SUBCONSWAANl -EUAW POSRION PNaCIPK PROIEtT ENNROXMENTAL BXILWSTI NM Ul W YgRD TECHKKK 6WMCS TOTAL COW IX<XMp[ WInDER 11.T ePECLLLIaT aROEEa601L EDITOR STAFF GIeMm WiVon Myan Jake De2y CouOMM Rim Temperaao Beady I - PRELIMINARY ENGINEERING 1.1 Ipm Man ement BMmin 3 1.2 IPDNWSclid le S HOuaf CaMol Plan S P fitiefina. 8 18 2d S 3,iB0.00 15 Sits Vuel Fmkl Su IMa In 3 1.8 Pu Geomebk SW Font St. to ' St. 5 1.7 btbl-Wa Studies S 1.8 AaBuift am UW!x ReeeamA S -_ 19 o Iectim aM Smur $ 1aa a er SeleUion $ G Drama' 10 12 22 f 2,49000 1.12 1.12 Gettig. 30%Dee'nDrewi 9 ; $ IA3 Supplamenlel Emlonmenlal StMos l Permits 4 20 4 28 3 3,4/OD0 SUBTOTAL 10 18 18 74 S 9,110.00 DIRECT COBTB SUBTOTAL $ 9,110.00 11DESIGN 21 2A 1P Po Men emenl BADmin f 2.2 Iftlect Meetings $ 23 Foal FmlMeton Raport 3 2d BndgeDee n f 2.5 BddgeRlPbav Plena 3 2.8 Golding Plans PMm $ 2.7 ROMwe Im m+emenLs $ - 28 Traffic Canto) Nnoor Ram f 2 'and9 3' na' $ 2.10 Wl' Reomtom $ 2.11 Land. / Hartf.pin, W lnng.tl Plena 3 2.12 Eloson Control l BmP S 2 TIn18c S' na ntelcannecl f 2A4 Street L' 8 $ 2,AS 15 L IDeu/ROW P,aeement Dora. $ 21 SMOG Review )O% 908100% W% III- 2.11 S mBNM $ - 2.18 71AP56E Submittal S 2.19 Review aM ReaPond Comments 3 2M MN. IndoMont Check S 121 Ouantiliea / Check/ E.Umate I BH List S 2.22 W%PSBE Submittal =28 f 2.23 Review aM Rea nd to Comments 3 224 225 100%ME Submittal Environmental Persons d 20 4 3 SUBTOTAL4 20 4S 3."D00 DIRECTCOSTS SUBTOTAL S 3"000 III - BIOOING AND CONSTRUCTION SUPPORT 31: Po Ma ment Il 3 3.2 Mo' MmtN s 3 3.3 Conlvoclon SUlva Datum/Connol I$ 3.4 Sir Su IAMenda/Me is 3 3.5 ConavuoeonS nl Obaervatipna 3 _ 3.8 ASBuiB Plana S SUBTOTA $ DIRECT COSTS SUBTOTAL $ TOTALS U 881 20 1 1 1 1 102 15 1255&W POSITION A83 SENIOR SRPR PROJECT BR 6TAFF AFF BENIOR LEXICAL TOT COST ENO/OEOL ENOIOEOL ENO/OEOL ENG/OEOL ENO/0E0L ENO/OEM TECHNICIAN DAAFT STAFF DeNtl Leeka Deb Gary Delen MCCmnW Joe Vasa Hemaehb Camm� R Su e gnunnn6Amin W.PMIMl�Y,ENO1PNEERJNS Y 12 lung van, FMM urve /Me 12 1B20.01. 1.8 Gepnahk SM Fmnt 31. b Pu St. S _ 1.1 Mal -We BiWiea - 18 A .WIAMUa' Reseal IS m uliq eM Smur 3 - 1S S sT SeYtlbn 3 1.11 GaoIa nbal lnv alien B 30 20 3 1.12 W%Dee npawi 20 ]R B11000 1.13 Su IamenW Envimnmanmi Stud.. Pennib 3 BTOT 18 30 20 20 BB 8amm DIRECTCOSTS SUBTOTAL 91 - FINAL DESIGN 803000 2.1 Pm Me ant 6Mmin 23 Pm as 1T 3 - 2.3 FiW FauMelipn R. B 12 S 1 B20 00 2.d aDp' n 0 12 s 980.00 2.3 S S PYna $ 2.6 nS mg..al/Phe4 GMEi Pbna 2.1 RpaOwa Im menla s 2.B TraMcG- Detour Pbns 3 2.9 3' ni .M I3 3 2.11 UBl R 2.11 IH. aM eBan Plow Emion Inl 3 2.12 IBm En Conholl BMPY 3 2.1] TUgglL Intermnneq 3 2.1d Snee1C hR 3 - 2.1 L al Deed ROW Plans Eastwonug f - 2.16 OAIDC Review ]O% 90%8103%00% 3 - 2.1] S ulbn 3 2.1E ]0%PSBE Subnillel d 3 2..1 R. roCommenb Reviewn0e d 2 B 12 12T000 221 ' IMe enCheck M B S ]d0.00 221 O I / Chinon Eanmate I BA List 3 2.22 RO %PM Submilbl 3 3.23 RevleweM Ra rk fo Commen4 an 3 231 PSSE Sudnin.l 3 2 ]B E EnvionmaMel Pemae ' i SUBTOTAL 20 B 2 S d DIRECTCOSTS 42 d54000 SUBTOTAL III -BI.O SUPPORT f d3d000 3.2 M nOCONSTRU mina Pm'Man menl 6Aamin - 32 ! _ 3 3.3 Can Conahuc4on 3ury DaMm ICaMmI 3 ' 3.0 Sb Su IAOpeMa/ b 3 3.3 ConsWcpm Su /00lerv.0on! 3.6 AS- 0. Plaru 3 ' S SUBTOTAL DIRECBTOTAL S SUBTOTAL S TOTAWI ]B 1 1 22 1 1 B 1 24 130 12370.00 Probable 2004 HnurM Pala RrHadula . ei.... n /580L EHGgEOL EEmpR ENWEOL I.P. PROJECT ENOBEpL EX6GEOL IRDTrVF eT.LFF EXOILEOL FXdOEOL EENOR TECHNICIAN LLEPoWL pp/JT S 1fi0.00 S 13300 S 120.00 3 11000 S 100.00 S 90.00 S BR.00 3 Mein Street Bdd9a over Murtiets Creek (Replacement) December 30. 2003 2.14 Street Lighting $ 2.15 Legal Desc / ROW Plats / Easement Docs. $ 2.15 OA/OC Review 70%900/o8100% 4 4 B $ 900.00 2.17 S eafications 2 4 2 4 12 $ 910.00 2.18 70% PSBE Submittal 2 2 $ 200.00 2.19 Review and Respond to Comments 2 4 4 10 $ 840.00 2.20 Bridge Independent Check E 2.21 Quantities / Check / Estimate / Bid List 2 4 4 10 $ 840.00 2.22 90%PSBE Submittal 2 2 $ 200.00 2.23 Review and Res d to Comments 1 4 4 9 $ 740.00 2004 Hourly Rate Schedule - KTU+A SENIOR PRINCIPAL PRINCIPAL UNO ARCH SRASSOC LAND ARCH IRRIGATION DESIGNER I SENIOR DESIGNER CLERICAL $ 750.00 $ 125.00 $ 100.00 $ e5.00 $ 75.00 $ 55.00 . MUMIa CIwF(R.,Wcs nl) TASK ANALYSIS SUBCONSULTANT OPTIONALEDAW POSRION e..M IXiIIARGE ggoJEtt SAXAOFA ExxgoxgExru NEC4WT eloLooeTl mLpwarR m LPFfMILT xugp PROLESEOq TEcxXlw CWOR pwwcs TOTAL CasT STAFF M. .1.. Myen Jerks Doty COu9Min Rim TempMeau "um' 1-14 ELIMINARM ENGINEERING 1.1 IM ManagermM AAEmin S 1.2 IMact StlMSuI. E 12 Quality Conhsl Plan f - IA Pro ectMwW s S 1S SIIe Visit /Field Sumer /Me n S 1.S GeomaMO SW Fmnt St. d Pu0 St, S 1] ftht-cf-Way St ue f 1.B As-BuitleM UWAY RaeaelN f 1.9 RydwIm, Hydmulka am Scour S 1.10 Bwgs T Seled S 1.11 G %p nloel lmee aWn S IA2 W%Dee' nDrawl s S IA3 Su IammW Envlmnm.ndl SM1kde/PMmib 8 32 55 8 32 4 6 0 1 B 151 f 14.980A0 SUBTOTAL B 32 55 8 32 1 d 1 4 4 B 151 S 14.S9000 OIRECTCOSTS SUBTOTAL s 4,880SO II -FINAL OE816N 2A No Men amen) A AEmin S 2.2 Pm'ect Mae' s 8 1S 22 f 2,970.00 2.3 Fnal Foumalbn R rt S 2A BW eOea n f 2 B eRlPhev Pdne S 2A Gradin, Plam Pdm f 2] Romwa Im amend S 2.8 Tm Conhol Dedur Plans f 29 Signk, amS'I f 210 Maly RObmSom f 2.11 Lamnca / H.W.pim am 1 emn Plane S 2.12 Emaipn Camol/BMP'e $ 2.13 TWficS mE Intemmned 2.14 Sheet WININ_ f 2.15 Local Oaac / ROIN Raft lEasement Dpcs. $ -_ 2.16 ONOC Review 70% 90%A IN% f 2.17 S calbm f 2.1e TO%P%E Submildl S 2.19 Review am Res I. Comments E _ 2.20 Bddgelma Went Cherk f 221 Ouanliber / ChedI Estimate I BM List $ 2.22 90%PSBE SubmiMal $ -_ 223 Review am Rea na to Command S 2 24 100X P56E SudniOal S 225 Envimnmendl Farmer 2 8 30 55 d 4 2= B IN S MM500 SUBTOTAL 8 22 30 55 4 4 2 8 131 S 13,51500 DIRECTCOSTS SUBTOTAL S 13,515W III -BIDDING MO CONSTRUCTION SUPPORT 3A Pmi Mana amen A AOmin I I IS _ 32 Ploed Mee9 s f 3. Cal.hudbn e Dad. IC f _ 3.4 BM Su /A&IAWBmaIMa isis $ -_ 3.5 ConMmLUm S.ppw/OWervatipm $ 3.6 ASAuitl Fla. $ SUBTOTAL f _ DIRECTCOSTS SUBTOTAL S TOTALS1 14 1 54 1 55 1 38 1 57 1 S 1 8 12 282 S 25505.00 Probable 2004 HouN Rate Schedule - EDAW PNXCIPAL IXCXARLE PROJECT YA1UpE0. ENNRONYENiAL .pELIAIgT BpLptleTl NX)LOMYLY pIS BPE::LTT wppp PROLEaa00. LELNXICAL ENi00. 6R/JNIL9 f 215.00 $ 105.00 S 10000 S 12000 $ 95.00 S E f 90.00 i NMI Mein Sbaet BMW oar MunMla Creek (R.Owasi lent) December 30, 2003 TASK ANALYSIS SUOCONSULTANT -OPTIONAL KUviLEY HORN AND ASSOCIATES POSITION PRINCIPAL PROJECT SENIOR SENIOR ASSISTANT ASSISTANT SENIOR CLERICAL TOTAL COST ENGINEER MANAGER ENGINEERI ENGINEER It ENOINEER ENGINEER TECHNICIAN STAFF Chuck Dennis Jim John Sam Julie Debbie qm SPinka, PE Land", PE Novden, RLS MOMSPE McMortsr, PE Jadnm Ramiemz DO Loa Reyes I - PRELIMINARY ENGINEERING 1.1 PrOl Me ement 8 Admm 1.2 d Sc edule $ - 1.3 Quality Control Plan f 1./ Pro'ed Meetings E 1.5 Site Vidt/Fieltl Survey /Mapping $ 1.8 Geometric Study Front St, to Pu'ol St. $ 1.7 Right -of -Way Studies E 1.8 hi -Built and Wily Research f 1.9 H rot reulice eM Smur E 1.10 e T Selectlon f 1.11 GeoterAnlcel lnvee0 etlon 5 1.12 30%Desi nDmvin e E 1.13 ISupplemental EnvironmenlelSWdies/Permit E E SUBTOTAL $ II • FINAL DESIGN 2.1 PrG'Me ement BAtlmin 2.2 Pro'ed Meelin e $ 2.3 Final Founda0on Re d f TT Bd a 0ed n f 2.5 BM a Removal / PhwJM Plana E - 2.8 Gniding Plans E - 2 T Roadvra Im rovemanis E 2.8 Traffic Control Demur Plans $ 2.9 Signing and SW in f 210 U9f RebeeBana E 2.11 a in and Im etlon Plans Erosion E 2.12 Erosion Contml/BMP6 Comsat BM $ 2.13 Trefic Si nali Inlercannecl E 2.14 Street Li hk $ - 2.16 ns I Dols. L el DR". 4 16 E 2.17 ONpC Ravisw ]0% 80% 8100% (7 %, DIM &sementIN%) 8 28 E 3,560.00 2.1] S cetlans $ 2.18 70%PSBE Submittal E 2.19 Review and Respond to Comments E 2.20 BM a Ind eMent Check E 2.21 puan60as /Check! Estimate / Bitl Lisl - $ - 2.22 90%PSBE SubmM Eel - 2.23 Review and Respond to Comments 2.24 100% PSBE Submittal- f $ 2.25 Environments[ Pem;its S S In -BIDDING SUBTOTAL 4 18 8 28 AND CONSTRUCTION SUPPORT E 3,560.00 3.1 Praj Mane ement 8 Admin 3.2 Pr 'ed Meetings$ - 3.3 ConsWclion Sury Oabm/Control f 3.4 Bid Su n/Addenda/Ana is $ 3.5 ConstnuaUan Su rt/Obsemabona E 3.6 AS -Built Plans $ E SUBTOTAL 5 TOTALS1 4 18 81 28 Is 3,560.00 Rate Schedule - Himle -Horn and PRINCIPAL ENGINEEp ppelER SENNM YNHAGE0. ENGINEERI SENIOR ENCINEEq II Aa518TANT ENGIXEEq A88191AHT ENGINEER VY SENIOR TECHMICWI CLERICAL E 190.00 E 170.00 E 150.00 E 735.00 E 110.00 E 90.00 $ 90.00 E ]0.00 ITEM 20 APPROVAL CITY ATTORNEY DIRECTOR OF FIN) CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony J. Elmo, Chief Building Official DATE: January 13, 2004 SUBJECT: FirstAmendment to an Agreement for Consultant Services with Berryman & Henigar, Inc. RECOMMENDATION: That the City Council approve a First Amendment to an Agreement for Consultant Services with Berryman & Henigar, Inc. in an amount of $44,000.00 to provide supplemental building inspection services to the Building and Safety Department. DISCUSSION: The City continues to experience a high level of construction activity. Staff research indicates this trend will continue, along with four new apartment complexes, to the end of the fiscal year. This request is for continuance of contract inspection assistance provided to the City by Berryman & Henigar, Inc. for the balance of the fiscal year. Berryman & Henigar, Inc has provided this service for this past year to date. The amount of this First Amendment is $44,000.00 for a total contract amount of $124,000.00. FISCAL IMPACT: Funds are currently available in Account No. 001-162-999-5118, 'Temporary Help", for this purpose. Expenditures from this account are offset by building permit revenue collection. No further appropriation of funds will be necessary for this purpose. C:\DOCUMENTS AND SETTINGS\GUS. PAPAGOLOS\LOCAL SETTINGS\TEMPORARY INTERNET FILES\0LX6\BEARYMAN NENIGAR FIRST AMENDMENT. DOC 116104 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND BERRYMAN & HENIGAR, INC CONTRACT INSPECTION SERVICES THIS FIRST AMENDMENT is made and entered into as of January 27, 2004 by and between the City of Temecula, a municipal corporation ("City") and Berryman & Henigar, Inc., Consultant. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On July 8, 2003, the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Contract Inspection Services ("Agreement') in the amount of $80,000.00. B. The parties now desire to increase the payment for services in the amount of $44,000.00 and amend the Agreement as set forth in this Amendment. Section 4 Pa ment of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed $44,000.00 for a total contract amount, of $124,000.00 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. p:/Agreement Samples.Amendment.2003 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Michael S. Naggar, Mayor ATTEST: F-YA Susan W. Jones, CIVIC, City Clerk Approved As to Form: ME Peter M. Thorson, City Attorney CONSULTANT Berryman & Henigar, Inc. M NAME: TITLE: NAME: TITLE: (Two Signatures Required For Corporations) R:/purchasing/agreements.all/win harveston.amend Lfieldman 2002 2 ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. R:/purchasing/agreements.all/win harveston.amend Lfieldman 2002 EXHIBIT B PAYMENT SCHEDULE Building Inspector $75.00 per hour Mileage Charge (Inspector use of personal vehicle) 36 per mile .AX2:136829.2 -10- Revixd 9/ I8/95 CITY OF TEMECULA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, is made and effective as of June 10, 2003, between the City of Temecula, a municipal corporation ("City") and Berryman & Henigar ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on July 8, 2003, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2004, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Eighty thousand dollars ($80,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed ten thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the City Council. LAX2:136829 2 -1- Revised 9/18/95 C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 3. 6. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS. LAX2:136829.2 -2- Revised 9/18/95 a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scone of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). LAX2:136829 2 -3- Revised 9/18/95 (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Errors and omissions liability insurance appropriate to the consultant's profession. than: b. Minimum Limits of Insurance. Consultant shall maintain limits no less (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Employer's Liability: $1,000,000 per accident for bodily injury or disease. (4) Errors and omissions liability: $1,000,000 per claim. 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 LAX2:136829.2 -4- Revised 9/18/95 limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. LAX2:136829.2 -5- Revised 9/18/95 10. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to LAX2:136829.2 -6- Revised 9/18/95 provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: To City: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92590 Attention: City Manager To Consultant: Berryman & Henigar 11590 West Bernardo Ct. Ste 100 San Diego, CA 92127 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Temecula. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. LAX2:136829.2 -7- Revised 9/18/95 18. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or hal persons executing this Agreement on bef of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA LM Attest: Jeffrey E. Stone Mayor Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney CONSULTANT Berryman & Henigar LAX2:136829 2 -8- Revised 9/I8/95 EXHIBIT A TASKS TO BE PERFORMED Berryman & Henigar will provide combination type building inspection services for compliance with applicable codes on an as needed basis. Responsibilities will include but are not limited to the inspection of structural, plumbing, electrical and mechanical components on residential and commercial construction projects within the city. LAX2:1368291 -9- Remed 9/18/95 EXHIBIT B PAYMENT SCHEDULE Building Inspector Mileage Charge (Inspector use of personal vehicle) $75.00 per hour .36 per mile .AX2. U68291 -10- Revised 9/I8/95 ITEM 21 ORDINANCE NO. 03-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULAADDING CHAPTER 15.10, MULTISPECIES HABITAT CONSERVATION MITIGATION FEES, TO THE TEMECULA MUNICIPAL CODE TO ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, the City Council of the City of Temecula ("City") finds that the ecosystems of the City and western Riverside County, and the vegetation communities and sensitive species they support are fragile, irreplaceable resources that are vital to the general welfare of all residents; WHEREAS, these vegetation communities and natural areas contain habitat value which contributes to the City's and the region's environmental resources; WHEREAS, special protections for these vegetation communities and natural areas must be established to prevent future endangerment of the plant and animal species that are dependent upon them; WHEREAS, adoption and implementation of this Ordinance will help to enable the City to achieve the conservation goals set forth in the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), adopted by the City Council on December 16, 2003, to implement the associated Implementing Agreement approved by the City Council on December 16, 2003, and to preserve the ability of affected property owners to make reasonable use of their land consistent with the requirements of the National Environmental Policy Act ("NEPA"), the California Environmental Quality Act ("CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered Species Act ("CESA"), the California Natural Community Conservation Planning Act ("NCCP Act") and other applicable laws; WHEREAS, the purpose and intent of this Ordinance is to establish a Local Development Mitigation Fee to assist in the maintenance of biological diversity and the natural ecosystem processes that support this diversity; the protection of vegetation communities and natural areas within the City and western Riverside Countywhich are known to support threatened, endangered or key sensitive populations of plant and wildlife species; the maintenance of economic development within the City by providing a streamlined regulatory process from which development can proceed in an orderly process; and the protection of the existing character of the City and the region through the implementation of a system of reserves which will provide for permanent open space, community edges, and habitat conservation for species covered by the MSHCP; WHEREAS, the findings set forth herein are based on the MSHCP and the studies referenced therein, and the estimated acquisition costs for such property as set forth in the MSHCP, a copy of which is on file in the City Clerk's office; WHEREAS, pursuant to Article 11, Section 7 of the California Constitution, the City is authorized to enact measures that protect the health, safety and welfare of its citizens; R:/Ords 2003/Ords 03-14 1 WHEREAS, pursuant to Government Code sections 66000 et seq., the City is empowered to impose fees and other exactions to provide necessary funding and public facilities required to mitigate the negative effect of new development projects; WHEREAS, on December 16, 2003 the City Council took action on the MSHCP and the associated Implementing Agreement, and made appropriate findings pursuant to CEQA; and WHEREAS, pursuant to Government Code sections 66016, 66017 and 66018, the City has: (a) made available to the public, at least ten (10) days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure forwhich these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; (b) mailed notice at least fourteen (14) days prior to this meeting to all interested parties that have requested notice of new or increased development fees; and (c) held a duly noticed, regularly scheduled public hearing at which oral and written testimony was received regarding the proposed fees. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECLUA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 15.10, Multiple Species Habitat Conservation Mitigation Fee, is hereby added to the Temecula Municipal Code to read as follows: "15.10.010 FINDINGS. The City Council finds and determines as follows: A. The preservation of vegetation communities and natural areas within the City and western Riverside County which support species covered by the Riverside County Multiple Species Habitat Conservation Plan ("MSHCP") is necessary to protect and promote the health, safety and welfare of all the citizens of the City by reducing the adverse direct, indirect and cumulative effects of urbanization and development and providing for permanent conservation of habitat for species covered by the MSHCP. B. It is necessary to enact and implement certain development impact fees to ensure that all new development within the City pays its fair share of the costs of acquiring and preserving vegetation communities and natural areas within the City and the region which are known to support plant and wildlife species covered by the MSHCP. C. A proper funding source to pay the costs associated with mitigating the direct, indirect and cumulative impacts of development to the natural ecosystems within the City and the region, as identified in the MSHCP, is a development impact fee for residential, commercial, and industrial development. The amount of the fee is determined by the nature and extent of the impacts from the development to the identified natural ecosystems and or the relative cost of mitigating such impacts. D. The MSHCP and the Nexus Fee Report, a copy of which is on file in the City Clerk's office, provides a basis for the imposition of development impact fees on new construction. E. The use of the development impact fees to mitigate the impacts to the City's and the region's natural ecosystems is reasonably related to the type and extent of impacts caused by development within the City. RJOrds 2003/Ords 03-14 F. The costs of funding the proper mitigation of natural ecosystems and biological resources impacted by development within the City and the region are apportioned relative to the type and extent of impacts caused by the development. G. The facts and evidence provided to the City establish that there is a reasonable relationship between the need for preserving the natural ecosystems in the City and the region, as defined in the MSHCP, and the direct, indirect and cumulative impacts to such natural ecosystems and biological resources created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the MSHCP and the Nexus Fee Report. H. The cost estimates for mitigating the impact of development on the City's and the region's natural ecosystem and biological resources, as set forth in the MSHCP, are reasonable and will not exceed the reasonably estimated total of these costs. I. The fee set forth herein does not reflect the entire cost of the lands which need to be acquired in order to implement the MSHCP and mitigate the impact caused by new development. Additional revenues will be required from other sources. The City Council finds that the benefit to each development project is greater than the amount of the fee to be paid by the project. J. The fees collected pursuant to this Ordinance shall be used to finance the acquisition of the natural ecosystems and certain improvements described or identified in the MSHCP. 15.10.020 ADMINISTRATIVE RESPONSIBILITY The Director of Planning of the City shall be responsible for the administration of this Chapter. Detailed administrative procedures concerning the implementation of this Ordinance may be established and set forth in a resolution adopted by the City Council. 15.10.030 DEFINITIONS. As used in this Chapter, the following terms shall have the following meanings: "City"means the City of Temecula, California. "City Council" means the City Council of the City of Temecula, California. "Certificate of Occupancy" means a certificate of occupancy issued by the City in accordance with all applicable ordinances, regulations, and rules of the City and state law. "Credit" means a credit allowed pursuant to Section 15.10.110, which may be applied against the development impact fee paid. "Development Project" or "Project" means any project undertaken for the purpose of development pursuant to the issuance of a building permit by the City pursuant to all applicable ordinances, regulations, and rules of the City and state law. "Final Inspection" means a final inspection of a project as defined by the building codes of the City. RJOrds 2003/Ords 03-14 "Gross Acreage" means the total property area as shown on a land division map of record, or described through a recorded legal description of the property. This area shall be bounded by road right-of-way and/or legal property lines. "Local Development Mitigation Fee" or "Fee" means the development impact fee imposed pursuant to the provisions of this Ordinance. "Multiple Species Habitat Conservation Plan" or "MSHCP" means the Western Riverside County Multiple Species Habitat Conservation Plan, adopted by the City Council on December 16, 2003. "MSHCP Conservation Area" has the same meaning and intent as such term is defined and utilized in the MSHCP. "Project Area" means the area, measured in acres, from the adjacent road right-of-way line to the limits of project improvements. Project Area includes all project improvements and areas that are disturbed as a result of the project improvements on an owner=s Gross Acreage, including all areas depicted on the forms required to be submitted to the City pursuant to this Chapter and/or other applicable development ordinance or regulation of the City. Except as otherwise provided herein, the Project Area is the area upon which the project will be assessed the Local Development Mitigation Fee. "Residential Unit" means a building or portion thereof used by one family and containing but one kitchen, which unit is designed or occupied for residential purposes, including single-family, multiple -family dwellings, and mobile homes on a permanent foundations, but not including hotels and motels. "Revenue" or "Revenues" means any funds received by the City pursuant to the provisions of this Ordinance for the purpose of defraying all or a portion of the cost of acquiring and preserving vegetation communities and natural areas within the City and the region which are known to support threatened, endangered or key sensitive populations of plant and wildlife species. "Western Riverside County Regional Conservation Authority' means the governing body established pursuant to the MSHCP that is delegated the authority to oversee and implement the provisions of the MSHCP. 15.10.40 CAL DEVELOPMENT MITIGATION FEE To assist in providing Revenue to acquire and preserve vegetation communities and natural areas within the City and western Riverside Countywhich are known to support threatened, endangered or key sensitive populations of plant and wildlife species, a Local Development Mitigation Fee shall be paid for each Development Project or portion thereof to be constructed within the City. The following fee shall be paid for each Development Project to be constructed within the City. The fees are calculated using an Equivalent Benefit Unit methodology: Residential, density less than 8.0 dwelling units per acre - $1,651 per dwelling unit Residential, density between 8.1 and 14.0 dwelling units per acre - $1,057 per dwelling unit Residential, density greater than 14.1 dwelling units per acre - $859 per dwelling unit RJOrds 2003/0rds 03-14 Commercial - $5,620 per acre Industrial - $5,620 per acre A. The amount of the Local Development Mitigation Fee shall be calculated on the basis of the acreage of the Project Area, in accordance with the following: 1. The Project Area shall be determined by City staff based on the subdivision map, plot plan, and other information submitted to or required by the City. 2. An applicant may elect, at his or her own expense, to have a Project Area dimensioned, calculated, and certified by a registered civil engineer or licensed land surveyor. The engineer or land surveyor shall prepare a wet -stamped letter of certification of the Project Area dimensions and a plot plan exhibit thereto that clearly delineates the Project Area. Upon receipt of the letter of certification and plot plan exhibit, the City shall calculate the Local Development Mitigation Fee required to be paid based on the certified Project Area. 3. Where construction or other improvements on Project Area are prohibited due to legal restrictions on the Project Area, such as Federal Emergency Management Agency designated floodways or areas legally required to remain in their natural state, that portion of the Project Area so restricted shall be excluded for the purpose of calculating the Local Development Mitigation Fee. 15.10.050 IMPOSITION OF THE LOCAL DEVELOPMENT MITIGATION FEE. Notwithstanding any other provision of the City=s Municipal Code, no permit shall be issued for any Development Project except upon the condition that the Local Development Mitigation Fee applicable to such Development Project has been paid. 15.10.060 PAYMENT OF LOCAL DEVELOPMENT MITIGATION FEE A. The Local Development Mitigation Fee shall be paid in full in accordance with applicable law. B. The Local Development Mitigation Fee shall be assessed one time per lot or parcel, except when additional construction or improvement on the lot or parcel results in the disturbance of additional area. C. The Local Development Mitigation Fee required to be paid under this Ordinance shall be the fee in effect at the time of payment. D. Notwithstanding anything in the City's Municipal Code, or any other written documentation to the contrary, the Local Development Mitigation Fee shall be paid whether or not the Development Project is subject to conditions of approval by the City imposing the requirement to pay the fee. E. If all or part of the Development Project is sold prior to payment of the Local Development Mitigation Fee, the Project shall continue to be subject to the requirement to pay the fee as provided herein. 15.10.070 REFUNDS. There shall be no refund of all or part of any Local Development Mitigation Fee paid under this Chapter except in cases of overpayment or miscalculation of the RJOrds 2003/Ords 03-14 applicable fee. Only in cases of overpayment or miscalculation of the fee will the person or entity that paid the Local Development Mitigation Fee be entitled to a refund. 15.10.080 A. All fees paid pursuant to this Chapter shall be deposited, invested, accounted for, and expended in accordance with Section 66006 of the Government Code and all other applicable provisions of law. B. Subject to the provisions of this section, all fees collected pursuant to this Chapter shall be remitted to the Western Riverside County Regional Conservation Authority at least quarterly, and will be expended solely for the purpose of acquiring and preserving vegetation communities and natural areas within the City and the region which support species covered in the MSHCP in accordance with the provisions of the MSHCP. C. The City may recover the costs of administering the provisions of this Chapter using the Revenues generated by the fees, in an amount and subject to the rules and regulations established by the Western Riverside County Regional Conservation Authority. 15.10.090 AUTOMATIC ANNUAL FEE ADJUSTMENT The fee established by this Ordinance shall be revised annually by means of an automatic adjustment at the beginning of each fiscal year based on the average percentage change over the previous calenderyearset forth in the Construction Price Index for the Los Angeles metropolitan area. The first fee adjustment shall not be made prior to a minimum of ten (10) months subsequent to the effective date of this Chapter. 15.10.100 EXEMPTIONS. The following types of construction shall be exempt from the provisions of this Ordinance: A. Reconstruction or improvements that are damaged or destroyed by fire or other natural causes. B. Rehabilitation, remodeling, or minor additions to an existing Development Project. C. Secondary residential units, constructed on developed residential property and meeting all state and City requirements for such units. D. Existing improvements that are converted from an existing permitted use to a different permitted use, provided that no additional area of the property is disturbed as a result of such conversion. E. Development on a Project Area that is currently or has been previously improved. F. Guest houses or dwellings, as permitted by law. 15.10.110 FEE CREDITS AND WAIVERS. Any Local Development Mitigation Fee credit that may be applicable to a Development Project, or any partial or full waiver of a Local Development Mitigation Fee that may be applicable to a Development Project, shall be determined by the City in cooperation with the Western Riverside County Regional Conservation Authority, which shall have an auditing role in this process. RJOrds 2003/Ords 03-14 Section 2. SEVERABILITY. This Ordinance and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder of this Ordinance shall be affected thereby. If any part, sentence, paragraph, section, or clause of this Ordinance, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this Ordinance, or person or entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this Ordinance, or its application to other persons or entities. The City Council hereby declares that this Ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Ordinance not been included herein; or had such person or entity been expressly exempted from the application of this Ordinance. Section 3. EFFECTIVE DATE. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall publish this Ordinance in the manner required by law, and thereupon and thereafter this Ordinance shall take effect and be in force sixty days following adoption by the City Council according to law. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 13'h day of January, 2004. ATTEST: Susan W. Jones, CMC City Clerk [SEAL] Michael S. Naggar, Mayor RJOrds 2003/Ords 03-14 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 the foregoing Ordinance No. 03-14 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 16`h day of December, 2003, 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 131h day of January, 2003 by the following roll call vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Susan W. Jones, CMC City Clerk R:/Ords 2003/Orris 03-14 ITEM 22 ORDINANCE NO. 03-15 AN ORDINANCE OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA, LLC REGARDING THE AUTO MALL PROPERTIES (PLANNING APPLICATION NO. 03-0565) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural History. The City Council of the City of Temecula does hereby find, determine and declare that: A. On December 18, 1990, the City Council approved Parcel Map No. 23496 for the subdivision of 42 acres of property for commercial purposes, which property is generally located on the west side of Ynez Road, north of the Empire Creek Channel, and south of the existing auto mall (the "Property"). Parcel Map No. 23496 was subsequently recorded on December 21, 2003. The conditions of approval for Parcel Map No. 23496 require the construction of certain on -site and off -site public improvements on the Property. On August 13, 1996, North Plaza, LLC ("Owner") entered into a revised Subdivision Improvement Agreement with the City and the City accepted substitute surety bonds for the completion of the improvements. B. In accordance with the procedures specified in City Resolution 91-52 and the Development Code, Owner filed Planning Application No. 03-0565 with the City for approval of a development agreement regarding the Property ("Development Agreement'). C. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. D. On December 3, 2003, the Planning Commission held a duly noticed public hearing on the Negative Declaration regarding the Development Agreement and the proposed Development Agreement, at which time all persons interested in the Negative Declaration and the proposed Development Agreement had the opportunity to and did address the Planning Commission on these matters. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Development Agreement, the Planning Commission adopted PC Resolution No. 2003-062 recommending that the City Council adopt the Negative Declaration for the Development Agreement and approve the proposed Development Agreement. R:/Ords 2003/Ords 03-15 E. On December 16, 2003, the City Council held a duly noticed public hearing on the Negative Declaration regarding the Development Agreement and the proposed Development Agreement, at which time all persons interested in the Negative Declaration and the proposed Development Agreement had the opportunity to and did address the City Council on these matters. F. Following consideration of the entire record of information received at the public hearing and due consideration of the Negative Declaration and proposed Development Agreement, the City Council adopted Resolution No. 03-_, by which it adopted the Negative Declaration for the Development Agreement. The Negative Declaration accurately addresses the impacts associated with the adoption of this Ordinance. Section 2. Findings. The City Council further finds, determines and declares that: A. In consideration of the substantial public improvements and benefits to be provided by Owner and the Project, and in order to strengthen the public financing and planning process and reduce the economic costs of development, the City intends, by way of the Development Agreement, to give assurance to the Owner that Owner can proceed with the development of the Project for the Term of the Development Agreement pursuant to the terms and conditions of the Development Agreement and in accordance with the City's General Plan, ordinances, policies, rules and regulations, as set forth in the Development Agreement. In reliance on the City's covenants in the Development Agreement concerning the development of the Property, Owner has and will in the future incur substantial costs in site preparation and the construction and installation of major infrastructure and facilities in order to make the Project feasible. B. The Development Agreement implements the goals and policies of the City's General Plan, provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the City. C. The City has engaged in extensive studies and review of the potential impacts of the Project as well as the various potential benefits to the City by the development of the Project and concludes that the Project is in the best interests of the City and is not detrimental to the health, safety and general welfare of the City. D. The Development Agreement is consistent with the City's General Plan, and each Element thereof, and constitutes a present valid exercise of the City's police power. E. The Development Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. F. All legal prerequisites to the adoption of this Ordinance have occurred. Section 3. Adoption of Development Agreement. Based on the findings set forth in this Ordinance, the City Council hereby approves the Development Agreement and authorizes the Mayor to execute said Agreement on behalf of the City in substantially the form contained in Attachment 'A" attached hereto and incorporated herein by this reference as though set forth in full. RJOrds 2003/Ords 03-15 Section 4. Severability. 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 5. Certification. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. Section 6. Recordation. The City Clerk is hereby directed to record a copy of the Development Agreement in the Riverside County Recorder's Office not later than ten (10) days after the Development Agreement has been executed. PASSED, APPROVED AND ADOPTED this 16t' day of December, 2003. ATTEST: Susan W. Jones, CMC City Clerk [SEAL] Michael S. Naggar, Mayor RJOrds 2003/Ords 03-15 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 the foregoing Ordinance No. 03-15 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 16`h day of December, 2003, 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 13`" day of January, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RJOrds 2003/Orris 03-15 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT DECEMBER 16, 2003 A regular meeting of the City of Temecula Community Services District was called to order at 8:36 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. President Comerchero presiding. ROLL CALL PRESENT: 4 DIRECTORS: Naggar, Roberts, Washington, and Comerchero Comerchero ABSENT: 1 DIRECTORS: Stone Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of November 25, 2003. MOTION: Director Washington moved to approve Consent Calendar Item No. 1. The motion was second by Director Naggar and voice vote reflected approval with the exception of Director Stone who was absent. PUBLIC HEARING Vail Ranch Middle School Basketball Court Lighting Project RECOMMENDATION: 2.1 Adopt the Negative Declaration with a De Minimus finding for the Vail Ranch Middle School Basketball Court Lighting Project (EA-091). 2.2 Authorize the Mayor to sign the Certification of Exemption for HUD Funded Projects; 2.3 Approve the Joint Use Agreement between the Temecula Valley Unified School District (TVUSD) and the Temecula Community Services District (TCSD) for the Vail Ranch Middle School Basketball Court Lighting Project; 2.4 Authorize the release of a formal public bid for the Vail Ranch Middle School Basketball Court Lighting Project. Minutes.csd\121603 Community Services Director Parker reviewed the staff report (as per agenda material), noting that the proposed lighting system would be similar to that of a tennis court with very low spillage. At this time the public hearing was opened; there being no public input, the hearing was closed. Having lived next to the Rancho California Sports Park with the lights being lit up every night three quarters of the year, Director Naggar commented on the nominal impact as well as the need for the lights. Commenting on the benefits of effective and appropriate lighting, President Comerchero as well addressed the need for these lights to accommodate the need for additional basketball courts/court time. MOTION: Director Naggar moved seconded by Director Washington Director Stone who was absent. DISTRICT BUSINESS 3 RECOMMENDATION: to approve the staff recommendation. The motion was and voice vote reflected approval with the exception of 3.1 Entertain motions from the Board of Directors to appoint the President to preside until the end of calendar year 2004; 3.2 Entertain motions from the Board of Directors to appoint the Vice President who will assume the duties of the President in the President's absence and hold this office until the end of calendar year 2004. MOTION: Director Naggar moved to nominate Director Washington as the newly appointed President and Director Stone as the newly appointed Vice President of the Community Services District for year 2004. The motion was seconded by Director Roberts and voice vote reflected approval with the exception of Director Stone who was absent. Commemorating his service as President to the Community Services District, Director Naggar presented a Plaque of Appreciation to outgoing President Comerchero. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT Community Services Director Parker thanked the community for its participation in the City's Holiday festivities. Minutes.csd\121603 GENERAL MANAGER'S REPORT General Manager Nelson commended Community Services Director Parker and his staff on an outstanding job in providing the numerous holiday activities. BOARD OF DIRECTORS' REPORTS Appreciating his nomination as President to the District, newly appointed President Washington noted that he would diligently work to uphold the existing high standards that have been established. ADJOURNMENT At 8:46 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, January 13, 2003, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, CIVIC City Clerk/District Secretary [SEAL] Minutes.csd\121603 3 ITEM 2 APPROVAL CITY ATTORNEY_ DIRECTOR OF FINANCE CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: January 13, 2004 SUBJECT: Financial Statements for the Three Months Ended September 30, 2003 PREPARED BY: Pascale Brown, Senior Accountant Shannon Domenigoni, Accountant RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the three months ended September 30, 2003. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the three months ended September 30, 2003. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet Statement of Revenues, Expenditures and Changes in Fund Balance TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of September 30, 2003 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30, 2003 (Unaudited) Prepared by the Finance Department Temecula Community Services District Combining Balance Sheet As of September 30, 2003 Parks & Recreation Assets Service Service Level B Level C Service Service Debt Level D Level R Service Total Cash and investments $ 140,368 $ 56,502 $ 148,517 $ 168,194 $ 20,387 $ 369,248 $ 903,216 Receivables 18,398 296 1,173 422 84 20,373 Prepaid assets 3,920 3,920 Due from other funds 12,901 12,901 Total assets $ 175,587 $ 56,798 $ 149,690 $ 168,616 $ 20,471 $ 369,248 $ 940,410 Liabilities and fund balances: Liabilities: Other current liabilities $ 174,074 $ 51 $ 27,909 $ 21,419 $ 223,453 174,074 51 27,909 21,419 223,453 Fund balances: Reserved Designated $ 1,513 $ 56,747 $ 121,781 $ 147,197 $ 20,471 $ 369,248 $ 716,957 Total fund balances 1,513 56,747 121,781 147,197 20,471 369,248 716,957 Total liabilities and fund balances $ 175,587 $ 56,798 $ 149,690 $ 168,616 $ 20,471 $ 369,248 $ 940,410 Please note that these balances are unaudited t Temecula Community Services District Citywide Operations Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2003 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Special tax $ 2,742,295 (1) TCSD admin fee credit/"REST" 3,117,275 $ 779,319 $ 779,319 25% Recreation programs 710,000 233,205 233,205 33% Investment interest 15,000 1,691 1,691 11% Miscellaneous 156,365 25,636 25,636 16% Operating transfer in Total Revenues 6,740,935 1,039,851 1,039,851 15% Expenditures: Parks, medians and arterial street lighting 4,251,068 887,942 $ 608,044 1,495,986 35% Seniors 179,600 34,853 11,466 46,319 26% Community Recreation Center (CRC) 430,051 86,722 29,875 116,597 27% Recreation programs 545,138 266,594 18,238 284,822 52% (2) Temecula Community Center (TCC) 149,930 34,860 13,853 48,713 32% Museum 202,525 37,224 8,853 46,077 23% Aquatics 410,800 150,141 24,173 174,314 42% (2) Sports 206,065 45,297 23,793 69,090 34% Childrens Museum 179,800 15,453 2,752 18,205 10% Operating transfers out 554,200 424,200 424,200 77% (3) Total Expenditures 7,109,177 1,983,276 741,047 2,724,323 38% Revenues Over/(Under) Expenditures (368,242) (943,425) Beginning Fund Balance, July 1, 2003 944,938 944,938 Ending Fund Balance, September 30, 2003 $ 576,696 $ 1,513 Notes: (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance is primarily due to seasonal personnel costs and increased activities for recreation programs. (3) The variance is due to the timing of the operating transfers during this quarter. 2 Temecula Community Services District Service Level B Residential Street Lights Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2003 Revenues: Assessments Investment interest Street lighting fees Miscellaneous Operating Transfer In Total Revenues Expenditures: Salaries & Wages Street lighting Miscellaneous Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2003 Ending Fund Balance, September 30, 2003 Notes: Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $ 454,022 (1) $ 307 $ 307 20,000 864 864 4% 1,000 56,075 56,075 56,075 100% (2) 531,097 57,246 57,246 11% 4,690 1,008 1,008 21% 535,000 116,152 116,152 22% 18,250 1 $ 5,700 5,701 31% 557,940 117,161 5,700 122,861 22% (26,843) (59,915) 116,661 116,661 $ 89,818 $ 56,747 (1) Special assessment taxes are primarily received in January and May each fiscal year. (2) The variance is due to the timing of the operating transfers during this quarter. 3 Temecula Community Services District Service level C Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2003 Annual Amended YTD Total Percent Budget Activity Encmnbr. Activity of Budget Revenues: Assessments $ 988,935 (1) Investment interest 4,000 $ 1,128 $ 1,128 28% Plan check and inspections 40,000 12,155 12,155 30% Miscellaneous 400 Total Revenues 1,033,335 13,283 13,283 1% Expenditures: Salaries and wages 230,165 45,440 45,440 20% Landscape maintenance 605,750 87,614 $ 362,212 449,826 74% (2) Utilities 230,000 77,911 77,911 34% (3) Other expenditures 72,000 12,976 18,655 31,631 44% (2) Total Expenditures 1,137,915 223,941 380,867 604,808 53% Revenues Over/(Under) Expenditures (104,580) (210,658) Beginning Fund Balance, July 1, 2002 332,439 332,439 Ending Fund Balance, September 30, 2003 $ 227,859 $ 121,781 Notes: (1) Assessments are primarily received in January and May each fiscal year. (2) The variance is primarily due to encumbrances that are recorded for repair and maintenance services on facility, consulting services, public notices, and landscape maintenance services for half of the year. (3) The variance is primarily due to the seasonal utility water usage . 4 Temecula Community Services District Service Level D Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2003 Revenues: Assessments Grants Investment interest Recycling Program Operating Transfer In Total Revenues Expenditures: Salaries and wages Refuse hauling Other expenditures Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2002 Ending Fund Balance, September 30, 2003 Notes: Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $ 3,375,938 (1) 38,024 $ 20,499 $ 20,499 54% (2) 4,500 324 324 7% 5,000 73,125 73,125 73,125 100% (3) 3,496,587 93,948 93,948 3% 36,100 7,690 7,690 21% 3,375,940 (4) 60,069 11,667 1,000 12,667 21% 3,472,109 19,357 1,000 20,357 1% 24,478 74,591 72,606 72,606 $ 97,084 $ 147,197 (1) Assessments are primarily received in January and May each fiscal year. (2) The variance is due to the Beverage Container Recycling grant received this quarter. (3) The variance is due to the timing of the operating transfers during this quarter. (4) Refuse hauling payments are [Wade semi-annually in January and July. 5 Temecula Community Services District Service Level R Streets and Roads Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30, 2003 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Assessments $ 12,754 Investment interest 300 $ 84 Total Revenues 13,054 84 Expenditures: Emergency street maintenance 17,080 $ Other expenditures 80 Total Expenditures 17,160 Revenues Overl(Under) Expenditures (4,106) 84 Beginning Fund Balance, July 1, 2002 20,387 20,387 Ending Fund Balance, September 30, 2003 $ 16,281 $ 20,471 (1) $ 84 28% 84 1% 6,000 6,000 35% (2) 6,000 6,000 35% Notes: (1) Assessments are primarily received in January and May of each fiscal year. (2) The variance is due to encumbrances that are recorded for Emergency Street maintenance services for half of the fiscal year. 6 Temecula Cottnnunity Services District Debt Service Fund Statement of Revenues. Expenditures and Changes in Fund Balance - Budget and Actual For the Three Months Ended September 30. 2003 Revenues: Operating transfers in Investment interest Total Revenues Expenditures: Debt set -vice - principal Debt service - interest Other expenditures Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance. July I. 2003 Ending Fund Balance. September 30, 2003 Notes: Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget $ 498,125 $ 368,125 $ 368,125 74% (1) 20,000 2 2 0% (2) 518,125 368,127 368,127 71% 225,000 (3) 268,625 (3) 4,500 4,300 4,300 96% (4) 498,125 4,300 4,300 1% 20,000 368,127 1,121 1,121 $ 21,121 $ 369,248 (1) The variance is clue to the timing of the operating transfers during this quarter. (2) The variance is due to low interest rates in LABt during this quarter. (3) Debt service payments are scheduled for payments in the months of October and April of this fiscal year. (4) The variance is due to encumbrances that are recorded for the trustee admin fees services for the entire fiscal year. 7 ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: Shawn D. Nelson, Executive Director FROM: Genie Roberts, Director of Finance DATE: January 13, 2004 SUBJECT: Authorizing Investment of District Monies in the Local Agency Investment Fund PREPARED BY: Karin A. Grance, Revenue RECOMMENDATION: That the Community Services District Board adopt a resolution entitled: RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING INVESTMENT OF DISTRICT MONIES IN THE LOCAL AGENCY INVESTMENT FUND BACKGROUND: In May 1991, staff requested that the Board participate in the Local Agency Investment Fund (LAIF) as a means of maximizing earnings on funds held in the district treasury. The Board agreed to participate in LAIF by adopting Resolution No. CSD 91-04 dated May 28, 1991. In this resolution, certain officials were named to have authorization to make changes, perform wires and request information. Since this time, the city staff has grown, departmental procedures have been implemented, and job duties have changed. In the process of trying to update information with LAIF to be consistent with procedures and job duties, LAIF is requiring that a new resolution be adopted by the Board, which updates the authorized staff to make changes, perform wires and request information. Attached for your adoption is a resolution authorizing the appropriate staff to have the ability to make changes to the LAIF account as well as deposit and withdraw monies. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. CSD 04- Resolution No. CSD 91-04, dated May 28, 1991 R:\Agendas\03 Agendas\LAIFrwso- d.dm RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING INVESTMENT OF DISTRICT MONIES IN THE LOCAL AGENCY INVESTMENT FUND THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Temecula Community Services District does hereby find that pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer. Section 2. The Board of Directors does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interests of the Temecula Community Services District. Section 3. The Board of Directors does hereby authorize the deposit and withdrawal of Temecula Community Services District monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. Section 4. The following Temecula Community Services District officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Shawn D. Nelson Executive Director Name Title James B. O'Grady Assist. Exec. Director Name Title Grant M. Yates Asst. to the Exec. Dir. Name Title Genie Roberts Director of Finance Name Title Signature Signature Signature Signature R:/CSD Resos 2004/CSD 04- PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Community Services District at a regular meeting held on the 13'h day of January, 2004. Chuck Washington, President ATTEST: Susan W. Jones, CMC City Clerk / District Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk / District Secretary of the Temecula Community Services District, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 04- was duly adopted at a meeting of the Board of Directors of the Temecula Community Services District on the 13`h day of January, 2004, by the following roll call vote: AYES: 0 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 0 DIRECTORS: ABSTAIN: 0 DIRECTORS: Susan W. Jones, CMC City Clerk / District Secretary R:/CSD Resos 2004/CSD 04- Gg;T-10-2003 14:53 CP STATE TRERSURER/LRIF 916 654 9931 P.02 I ,r CSD RESOLUTION NO. 91- 04 N A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT l6`33�t�� AUTHORIZING INVESTMENT OF DISTRICT MONIES IN THE LOCAL AGENCY INVESTMENT FUND The Board of Directors of the Temecula Community Services District does hereby resolve as follows: WHEREAS, pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Board of Directors does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government code for the purpose of investment as stated therein as in the best interests of the Temecula Community Services District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby authorize the deposit and withdrawal of Temecula Community Services District monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein. Section 1. That the following Temecula Community Services District officers/designees or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment f%d. David F. Dixon Name zrk J. Ochenduszko Name General Manager Title A istant_Qty Manager Title Signature RECEIVED 21CSn�sxoj I MAY 30 1991 STATE TREASURER$ OFFICE 1WESTMENT DIVISION OCT-10-2003 14:53 CR.-STRTE TREASURER/LRIF 916 654 9931 P.03 t I ! 1 Section 2. That the Secretary of the Board shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED this 28th day of May, 1991. ATTEST: [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) J. Sal Mufioz, Pr sident,/ t'N I, June S. Greek, Secretary of the Temecula Community Services District, HEREBY DO CERTIFY that the foregoing Resolution No. 91.04was duly adopted at a regular meeting of the Board of Directors of the Temecula Community Services District on the 28th day of May, 1991, by the following roll call vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Moore, Parks, Munoz NOES; 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None I S. Greek, Secretary RECEIVED MAY 30 1991 vMnsom/aot 2 STATE TREASURER'S OFFICE INVESTMENT OMSION TOTRL P.03 ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: January 13, 2004 SUBJECT: 2004-2005 Assessment Engineering Contract PREPARED BY: Barbara Smith, Management Analyst RECOMMENDATION: That the Board of Directors: Award a two -calendar year contract in the amount of $21,004.00 for2004 and up to $22,904.00 for 2005 to MuniFinancial for providing Assessment Engineering Services. DISCUSSION: On September 25, 2001, the Citysolicited Request for Proposals from engineering firms to provide the Temecula Community Services District (TCSD) with the administration of assessment engineering services. These services consist of on -going monitoring and update of all assessable parcels within the City, preparation of the annual TCSD levy report, printing and mailing of public hearing notices, the annual submission and reconciliation of levy data to the County, and other ancillary services related to the levy of the Special Tax and TCSD Rates and Charges. The City received four (4) responses, which were reviewed and ranked by a committee and the three (3) firms judged to be the most qualified were invited to make an oral presentation to a selection committee comprised of City staff. After the presentations, the selection committee ranked MuniFinancial as the most qualified firm that would provide the highest quality services. MuniFinancial is a local firm and has been providing TCSD with assessment services since 1991. On February 22, 2002 the Board of Directors approved the contract with MuniFinancial with a term of two (2) calendar years commencing on January 1, 2002 and in effect until December 31, 2003. The term also included two (2) one year extensions. As the Payment of this contract will vary based on Consumer Price Index (CPI) we are required to complete a new contract instead of exercising our extension options. In the previous contract the CPI adjustment was based on a percentage at the end of a calendar year. In order to expedite the contract process the CPI adjustment will be based on the annual average from November 1 st to October 3151 for the Los Angeles, Riverside and Orange County areas. The scope of this project has remained virtually the same as the contract approved in 2002. The payment rates have been updated for 2004 and estimated for the calendar year 2005. FISCAL IMPACT: Total costof theAssessment Engineering is $21,004.00 for calendar year 2004 and up to $22,904.00 for calendar year 2005. This amount is budgeted and approved in the City's Annual Operating Budget for Fiscal Year 2003-2004. Future amounts will be budgeted in the appropriate year's Annual Operating Budget. ATTACHMENT: 1. Agreement for Assessment Services with MuniFinancial R:\smithb\Assessments\Contract\City Council Staff 04-05 Contract.doc Updated in104 AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF TEMECULA AND MUNIFINANCIAL THIS AGREEMENT is made and effective as of January 1, 2004, between the City of Temecula, a municipal corporation ("City") and MuniFinancial ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on January 1, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform 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 A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT. a. The City agrees to pay Consultant quarterly, 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. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed $43,908.00 forthe total term of the Agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated forany services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time Citys written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices quarterly for services provided for the upcoming quarter and the previous quarters expenses. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. R:\smithbWMsessments\Contract\Muni Contract 2004.dotDemmber 19, 2003 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 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, City shall have no obligation ordutyto continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines thatthe Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, togetherwith supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. R:\smitbb\Assess=nts\Contract\Muni Contract 2004.dotDecember 19, 2003 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 City and maybe used, reused or otherwise disposed of by the Citywithout the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising 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 City. 9. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability 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 Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employers 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 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. R:\smithbWssessments\Contract\Muni Contract 2004.dotDecember 19, 2003 (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (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: One million ($1,000,000) per claim and in aggregate 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 insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. R:\smitbb\Assessments\Contract\Muni Conuact 2004.dotDecember 19, 2003 e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Besfs 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. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 10. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, 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 oragents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of 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 City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. R:\smithb\Assessments\Contract\Muni Contract 2004.dotDecember 19, 2003 b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES. Any notices which either party may desire to give to the other parry under this Agreement must be in writing and may be given either by (1) 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 delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: MuniFinancial 27368 Via Industria, Suite 110 Temecula, CA 92590 Scott Dippolito (800) 755-6864 14. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without priorwritten consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing parry, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. R:\smithb\Assessmenm\Contract\Muni Contract 2004.dotDecember 19, 2003 17. 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 warrants 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. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prioror contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each partys own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, CSD Board President Attest: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney R:\smitbb\Assessments\Contract\Muni Contract 2004.dotDecember 19, 2003 CONSULTANT MuniFinancial Mr. Scott Dippolito 27368 Via Industria, Suite 110 Temecula, CA 92590 (800) 755-6864 (909) 587-9550 fax By: Name: By: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) R:\smithb\Assessments\Contract\Muni Contract 2004.dotDecember 19, 2003 EXHIBIT A TASKS TO BE PERFORMED 1. Coordination with the City, County of Riverside and other entities to obtain all information needed to provide the services requested, such as assessor's parcel maps, assessor's files, copies of secured rolls, boundary maps, budget information, historical data, etc. 2. Review existing method of spread to address staff concerns and to ensure equity throughout the District. 3. Consultant will research parcel and land use changes, and maintain communication with TCSD on changes in District as well as regulatory changes. 4. Coordinate with the City's Franchise Waste Haulerto insure that all parcels are included and reconciled to Service Level D. Confirm with the TCSD the addition of new residential areas for streetlight and landscape maintenance services. 5. Assist with and attend public meetings and workshops prior to any public hearings, to discuss the District services, budgets, and any concerns generated by property owners in order to alleviate any negative misconceptions, if so desired by TCSD. 6. Ability to assist TCSD staff in preparing budgets by providing a preliminary EDU count in January and the preliminary levy report in early April of each year. Provide comparison studies as requested by staff to aid in the analysis of various methods of assessment, benefit to equity evaluations, EDU calculations and rates. 7. Prepare Preliminary Report for review by staff and modify as directed. This includes but is not limited to: method of spread; description of the district and service levels; budget and levy summary; district services and charges; changes and modifications to the district; district budgets and method of apportionment. 8. Prepare final report for presentation by staff to the Board of Directors and provide approved final levy database report. 9. Prepare, print and mail public hearing notices and explanatory information in conjunction with adoption of the rates and charges. The expenses associated with this task are not included under this contract. 10. Prepare and submit to the appropriate County department, by County deadline, a magnetic tape, or other media that is compatible with the County, for its use in entering individual parcel levy amounts onto the tax bill, included with the enabling resolution. 11. Prepare for City staff required correspondence, ie: including but not limited to Compliance with Proposition 218, Authorized Signature to Request Changes to the Tax Roll and Correction of Fixed Charges letter required as by the County, and Declaration of Mailing of Public Notices. A:\smithb\Assessments\Contract\Muni Contract 2004.dotDecember 19, 2003 12. Upon receipt of a parcel exceptions list from the County, revise parcel numbers and report the remaining levy amounts to the County Assessor's Office. 13. Make all necessary adjustments for annexations into the District upon notification by the TCSD. 14. Provide computer printout and CD to staff listing the "Noticed" levy amounts for each assessor's parcel number and information requested by TCSD including acreage; land use codes; TCSD Service Levels; number of dwelling units; EDU values; situs address; track number and owner information. 15. Provide all the same services as called out in this agreement for areas, which may at some time in the future be annexed into the City. Any significant change to the District structure or to the parcels included within the District, including annexations to the City, may result in additional fees. These additional fees will be addressed in an amendmentto this contract or a separate agreement. 16. Reconcile Service Levels B, C, D and R with the number of parcels being assessed 17. Assist, as necessary, with the election process, including preparation of the annexation Report. Any significant change to the District structure or to the parcels included within the District, may result in additional fees. These additional fees will be addressed in an amendment to this contract or a separate agreement. 18. Assist with appeals procedure and make necessary revisions to the database as directed by City staff. 19. Assist TCSD, as necessary, in addressing property owners or residents with questions about TCSD charges on property tax bills, noticing procedures, assessment districts and other related issues. R:%smithb\Asse smencs\Contract\Muni Contract 2004.dotDecember 19, 2003 EXHIBIT B PAYMENT RATES AND SCHEDULE The following fixed fees and schedule of quarterly payments shall be in effect for the scope of services as set forth in Sections 2 and 5 of the Agreement, (The CPI adjustment will be based the rates for the Los Angeles, Riverside and Orange County areas on an annual basis from November 1st to October 3151 using the CIP-U rate) 2003 Annual Rate is $18,468.00. The 2.9% adjustment for the CPI increase is based on the formula above will bring the 2004 annual rate to $19,004.00. See Attachment 1. 2004 Amount January Quarter $ 4,751.00 March Quarter $ 4,751.00 June Quarter $ 4,751.00 September Qtr $4,751.00 Quarterly Services $19,004.00 Contingency (For CPI Adjustment) $ 0 Reimbursable Exp 2,000.00 (Not to Exceed) 2004 Contract Total $21.004.00 Reimbursable Expenses 2005 Amount December $4,751.00 + CPI Adjustment March $4,751.00 + CPI Adjustment June $4,751.00 + CPI Adjustment September $4,751.00 + CPI Adjustment $ 1,900.00 2 000.00 2005 Total $22� (Approximate, based on CPI Adjustment) The reasonable cost of reports, reproduction, County data tapes, assessor's parcel information and other "out of pocket' expenses provided by the consultant are included in this contract in the $2,000.00 per year reimbursable expenses listed above. Reimbursable expenses not included under this contract are: coordination, production, postage and mailing of resident notices. TCSD will reimburse consultant, under separate purchase order, for previously approved costs associated with these services, including processing, reproductions, materials, and service charges incurred by the consultant. This contract does not include the costs for coordination and management of the mailing process at an amount not to exceed $0.10 per notice mailed. TCSD shall provide postage costs, payable to the Consultant or Postmaster, within seven (7) days prior to mailing. PAgreeement Sample\Consultant.Prof Services.2003 Updated 8/2003 ATTACHMENT 1 tJ N J O f�0 � V OWl U a W N� O (WO O@ V T IWl1 WNW N N+ N O + N W W W W a A N a A N V W WONNW A O A+ O O Oo i0 tJi A O) N w MWN W W W NU--- ++ N W A to U A A w A O N( A O N A w W A W O W W O A w W W N N W N N+++ NQNWA A U A A W A * AW W ( to W m'vm W N W WN d W N+ A A N+++ N+ N w A A V I A W W A Y V OI T1 O O V !J W + A O) W tO !T V tp V W N N W W N++ N ++ N W A U U A A N U WNW M W M N O W W+ V A + V W O o + N N W W N++ N ++ W W U U A a w A MMN G O W N. N� (O a CI OJ Sa CI .G : a N w N W N++ N + -+ + W W T P A a w A NOW tO uN IJ A 4J N �I V W O V W M N -+ m W N W N++ N + O N W W MA (.n A" A W V m W V W O O w W W W W m O m V w W N W N N+++ ++ W W A UOA A w A + Ow m is W,> W? O N V V r N O m 01 N W W N+ + N ++ N W W m W A A N A t0 O V A N U W IV W U Ot N V tT V V NW W N+++ + N W A Ut U• A A W A Ow W W A O W N (J O) O� O W+ O W N W O O O O (00 (O fOU (00 (00 � (D (00 t0 OD N W OWD OD � W N+ O tO W V W U a W N+ 75 �o m V rn cn �- IJ W W V w&1 +��OUI ANOA.tWO W NIOAO 001+ T or o vt m V D mm� �mmNtn V�Naaw rnTGN� pp A N r W U (O �1 ANf0Nt0 A TT � D W W V V P W (.n U U OI A A A ((uu N N V NO) O W Ow V 4Nt0 (li0 A V+0)O ,OOiN IV 0) O� G� Wi0 V V C i0 W v N IJ + O W t0 N r W N V W N t0 V U O W O A W N W L+ O W w A+ O 6m W 0 6U D D { W W V W W UU AAA W N N++ + - W -� W O w N tO m A tp W O tT Oo N W N m W Z W tO tO -IOaiJ A V W IJ V IJ Of O V O(li+ +A m W W V V W W W U t� U A A a W N N++ O O W W N W + U N (O V A+ U lO N W N W W C W N W V W -• N W N V W V (Ji W O+ W O CU U� 0 0 D Ol W W N OI N IO A N [O 01 W W N V N tO a C cO O D N W D• V W A O tO [p V W �O W W o T [T � mmI Immmi c mm'A wwNr . oo W W W W W V N O W a N O V N V O W W W W U m N P m W N m U N W J N A in V+ A O w W O :90 W W J W W W U U U U A A W W N+ + O O V W W W V w W U W O W N m 0 A W W O U W V W W N iJ + Cb IV A W :Pl W V O O W M Y GN W V ++ V W W W U tton U j A A W W N++ Z A W W W O W A N O W W O A O O W O N O+ N+? V A A i00�N W i00+N O N 0 owNmw ,�weo>wN o,cOi� O v+ UN W U N W MaMN" N W N6 V a w 0 mm, �mm�g ttnnmaa'a WNW"— oo = N 0+O ON t W a+t0 NO A wo N+ V N Dr m V+ U + W 6 W iO 'v iO W U W z z C W W V W W U p W W m W N O m �NO�N V ww V N w D^+r wIV OOON r W V V �O] V W atOO W (0 TZO (") 0 z m M NV »NOV ._.PP ANOOi+ _ w"N oo DC N NWN W W W yy IV W m-+W 6 W OW W NA m W:- V i4 ?W m F O ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Service DATE: January 13, 2004 SUBJECT: Children's Museum Contract Amendment PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the Board of Directors approve Amendment No. 5 to the agreement with Sparks Exhibits and Environments in the amount of $99,998 and a 10% contingency in the amount of $10,000. BACKGROUND: On December 12, 2000, the Board of Directors awarded a contract to Sparks Exhibits and Environments to design the conceptual master plan for the interior exhibits and environments, tenant improvements and exterior building improvements for the Temecula Children's Museum. Due to unforeseen emergency repairs necessary to the existing building, the installation of the exhibits has been substantially delayed. The damage was concealed and was not discovered until improvements were being made to the building shell. The additional funding, which is included in the existing appropriation, is needed for work not in the current contract. This work includes a fire alarm system and a public address system required for the building. There have also been cost increases for labor and materials due the length of time required to complete the unexpected work to the building shell. FISCAL IMPACT: The Children's Museum project is approved in the current Capital Improvement Program (CIP). These funds are available in CIP account 210-190-165-5802. ATTACHMENTS: Amendment No. 5 for Sparks Exhibits and Environments Contract of Directa Agenda Report Shell.doc FIFTH AMENDMENT TO AGREEMENT BETWEEN COMMUNITY SERVICES DISTRICT AND SPARKS EXHIBITS AND ENVIRONMENTS, LTD. CHILDREN'S MUSEUM PROJECT THIS FIFTH AMENDMENT is made and entered into as of January 13, 2004 by and between the City of Temecula, a municipal corporation ("City") and Sparks Exhibits and Environments, Ltd ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. The Fifth Amendment is made with respect to the following facts and purposes a On December 12, 2000 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Children's Museum Project ("Agreement") in the amount of $550,000. Below the first through fourth amendments were approved on: August 14, 2001 First Amendment for $320,000 with 10% contingency. March 26, 2002 Second Amendment for $630,000 with 10% contingency. June 1, 2002 Third Amendment for the term extension to June 30, 2003. May 27, 2003 Fourth Amendment for $60,000 with 10% contingency. b. The parties now desire to increase the payment for services in the amount of $99,998 plus a 10% contingency and amend the Agreement as set forth in this Amendment. Section 4 Pa ment of the Agreement is hereby amended to read as follows: a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The Fifth Amendment amount shall not exceed $99,998 plus a 10% contingency for additional work as indicated in Exhibit A for a total contract amount, of $1,659,998 plus a 10% contingency of $165,999.80. 3. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. plAgreement Samples.Amendment.2003 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA 11." Chuck Washington, President ATTEST: AN Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney SPARKS EXHIBITS AND ENVIRONMENTS, LTD. 7755 CENTER AVENUE, SUITE 110 HUNTINGTON BEACH, CA 92647 L-"T NAME: TITLE: M NAME: TITLE: ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. SBARKS /i Ung excitement. SPARKS EXHIBITS & ENVIRONMENTS 2828 Charter Road Philadelphia, PA 19154 United States Fax215-676-8020 www.sparksonline.com AMSTERDAM ATLANTA LOS ANGELES ORLANDO PHILADELPHIA SAN DIEGO AMENDMENT #5 EXHIBIT A DIVISION eCUSTOM ❑ RENTALS ❑ PORTABLES INTERNATIONAL ❑ FIELD SERVICE ❑ PRODUCTIONS 15-Oct-03 Cif of Temecula # 70-005073 Children's Museum DATE: 03/15/2004 by: Jim Roberts DISTRIBUTION ❑� acting (lob file) ❑� account exec ❑ design ❑ drafting ❑ estimating ❑ leadman ❑ graphics mgr Atlanta Piper other ❑production mgr ❑� project mgr ❑purchasing ❑sates support ❑traffic mgr ❑warehouse ❑� San Diego ❑Philadelphia Preliminary estimate (sen price) ❑ check box ifformal estimate is required :cription of changes: following are increases in cost due to project being delayed months at the clients request: Additional Project Management Time: $16,000 Tenant Improvements Sub -Contractors Increases: $30,786 Alarm not previously in bid. $22,477 P.A. System not previously in bid. $11,700 Sparks Shop Labor Rate Increase: $14,000 7.75% California Sales Tax: $5,035 TOTAL SALES AMT.;7.8% increase , Amendment 6 ITEM 6 APPROVAL CITY ATTORNEY DIR.OF FINANCE_ CITY MANAGER CITY COUNCIL / COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: City Manager/City Council FROM: Gary Thornhill, Deputy City Manager DATE: January 13, 2004 SUBJECT: Redhawk Annexation —Joint Public Hearing; Approval of Findings Concerning TCSD Rates and Charges for Service Level B (Residential Street Lighting); Approval of Findings Concerning Special Tax for Maintenance and Servicing of Public Parks and Recreational Facilities, Recreational and Community Services Programs, Median Landscaping, Arterial Street Lights and Traffic Signals PREPARED BY: RECOMMENDATION: Peter M. Thorson That the City Council: Hold the joint public hearing before the City Council and Temecula Community Services District concerning the proposed Rates and Charges and special tax for the Redhawk Annexation Area. 2. The Temecula Community Services District approve a resolution entitled: RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAKING CERTAIN FINDINGS FOR THEADOPTION OF SERVICE LEVEL B (RESIDENTIAL STREET LIGHTS) RATES AND CHARGES WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26- 3 SUBJECT TO TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA 3. The City Council approve a resolution entitled: R:/Agenda Reports/Redhawk Annexation 1 13 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, MAKING CERTAIN FINDINGS FOR THE LEVYING OF A SPECIAL TAX TO FINANCE THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, RECREATIONAL AND COMMUNITY SERVICES PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE CITY OF TEMECULA AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-03 SUBJECT TO A TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA BACKGROUND: On November 20, 2003 the Riverside County Local Agency Formation Commission approved the annexation of the Redhawk community to the City of Temecula and the Temecula Community Services District (LAFCO 2003-26-3, a reorganization to include annexation of Redhawk to the City of Temecula and the Temecula Community Services District and concurrent detachment from County Service Areas 143 and 152 and the Riverside County Waste Resources Management District) ("Redhawk Annexation"). The Redhawk Annexation specifies the area to be annexed to the City of Temecula and the Temecula Community Services District, which area includes the Redhawk Specific Plan Area and a portion of the Vail Ranch Specific Plan Area ('Redhawk Annexation Area"). A copy of the Riverside County LAFCO Report on the Redhawk Annexation is attached as Attachment 1. LAFCO approved the Redhawk Annexation subject to the two-thirds (2/3) voter approval by voters voting in the Redhawk Annexation Area, as required by Proposition 218 (Article XIII C and XIII D of the California Constitution) of: (1) a City Special Tax on parcels within that territory for the maintenance, operation and servicing of public parks, recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals, and (2) the TCSD rates and charges on parcels within Redhawk Annexation Area for street lighting provided by the TCSD to those parcels. The Council and TCSD Board will hold three public hearings on the City Special Tax and TCSD Rates and Charges to be levied in the Redhawk Annexation Area. The first public hearing occurred on November 25, 2003. At this hearing the Council approved the ordinance imposing the City Special Tax and the TCSD Board approved the resolution imposing the TCSD Rates and Charges for street lighting in the Redhawk Annexation Area. The Council also approved various resolutions calling for the Special Election on March 2, 2004 to approve the City Special Tax and the TCSD Rates and Charges by a 2/3 votes of persons voting in the Redhawk Annexation Area. The public hearing on January 13, 2004 is the second in the series of public hearings required by Proposition 218. Notice of this public hearing was mailed to the record owners of all real property within the Redhawk Annexation Area on November_, 2003 which date is 45 days prior to this hearing. The notice contained information about the proposed City Special Tax and the TCSD Rates and Charges as required by Proposition 218. The public hearing is being held 45 days prior to the special election on the City Special Tax and the Rates and Charges, also as required by the Constitutional provisions. Property owners within the Redhawk Annexation Area will have the opportunity to protest the City Special Tax or the TCSD Rates and Charges at this hearing. RJAgenda Reports/Redhawk Annexation 1 13 The third public hearing in the City Special Tax and the TCSD Rates and Charges will be held in June 2005. This hearing will be held in conjunction with the City and TCSD's annual public hearing to set the City Special Tax and the Rates and Charges for the entire City. At that time, the TCSD will confirm that the proposed Rates and Charges will not exceed the reasonable ^ cost of the services to be provided for Redhawk during fiscal year 2005-6. The City Parcel Tax was approved by a two-thirds vote of the voters in Temecula in 1996. It will be extended into the Redhawk Annexation Area on the same rates and terms as applicable in other areas of the City. The maximum amount of the Special Tax for each fiscal year shall by $74.44 per single-family residential dwelling unit, $55.83 per multi -family residential dwelling unit, $144.88 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, and $37.22 per acre for agricultural uses. Currently the rates are substantially lower than the voter authorized maximum: $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, and $31.72 per acre for agricultural uses. The proposed TCSD Rates and Charges for the Redhawk Annexation Area is $ 25.68 for Service Level B, Residential Street Lights. The proposed TCSD Rates and Charges do not exceed the reasonable cost of the services to be provided for Redhawk during fiscal year 2005- 6. The report on the calculation of these Rates and Charges is attached as Attachment No. 2. The TCSD rates and charges for refuse collection are exempt from the voter approval requirements of Article XIIID of the California Constitution, but will be reviewed at the public hearing in June 2005 prior to the effective date of the Redhawk Annexation. The proposed TCSD Rates and Charges for 2005-6 can be lowered but not increased at the June 2005 public hearing. Staff will evaluate the costs of providing the services at that time and, if necessary, adjust the proposed TCSD Rates and Charges downward in order to make sure that the proposed TCSD Rates and Charges will not exceed the reasonable cost of the services to be provided for Redhawk during fiscal year 2005-6. The City and TCSD have complied with all applicable procedural requirements for the adoption of the City Special Tax and the TCSD Rates and Charges. Adoption of the City Special Tax and the TCSD Rates and Charges and the annexation of the Redhawk Annexation Area are all subject to the 2/3 voter approval of voters voting in the Redhawk Annexation Area. FISCAL IMPACT: The fiscal impact associated with the annexation is fully addressed in the fiscal impact analysis conducted by the City, which analysis was previously presented to the City Council and is set forth on Attachment No. 3. ENVIRONMENTAL REVIEW: PursuanttotheCalifornia Environmental Quality Act (CEQA),the levy and collection of these Rates and Charges is exemptfrom CEQA pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the State CEQA Guidelines because the Rates and Charges are necessary to maintain existing improvements within the TCSD. Additionally, both the City Council and the Riverside County Local Agency Formation Commission have duly considered the environmental impacts of the proposed Redhawk Annexation and each have adopted a Negative Declaration indicating that all adverse environmental impacts from the Redhawk Annexation have been mitigated. ATTACHMENT: Attachment 1: Riverside County LAFCO Staff Report on Redhawk Annexation R:/Agenda Reports/Redhawk Annexation 1 13 Attachment 2: TCSD Report Establishing the Rates and Charges for Service Level B and Service Level C for the Redhawk Annexation Area for Fiscal Year 2005-6. Attachment 3: Fiscal Impact Analysis for the Redhawk Annexation prepared by the City of Temecula. Attachment 4: TCSD Resolution making certain findings for the adoption of the TCSD Rates and Charges for proposed Redhawk Annexation Area Attachment 5: Council Resolution making certain findings for the adoption of the City Special Tax for the Redhawk Annexation Area RJAgenda Reports/Redhawk Annexation 1 13 .J . 11 /20/2003 TO: Local Agency Formation Commission FROM: Adriana Romo, Local Government Analyst George J. Spiliotis, Executive Officer SUBJECT: LAFCO 2003-26-3--REORGANIZATION TO INCLUDE CONCURRENT ANNEXATIONS TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT, AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREAS 143, 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT. PRIOR AGENDAS/RELATED ACTIONS: LAFCO 1998-14-1 Annexation of Vail Ranch and ReAawk Specific Plan 10/22/1999; 2000-10-1 Annexation of Vail Ranch 11/16/2000. EXECUTIVE SUMMARY: This report addresses a reorganization that includes annexation of the Redhawk Specific Plan and the remaining portion of the Vail Ranch Specific Plan to the City of Temecula. The proposal also includes detachment from County Service Area (CSA) 143, which provides substantial extended services to the area. Upon annexation, the bulk of those services will be provided by the City's subsidiary Temecula Community Services District (TCSD). The staff recommendation is for approval of the proposal as submitted by the City of Temecula. APPLICANT: The City of Temecula has initiated this proposal. LOCATION: The proposal includes the community of Redhawk, adjacent to the City limit line, south of Highway 79, east of Pechanga Parkway/Pala Road, west of Anza Road and north of Pechanga Indian Reservation. POPULATION: The population is estimated to be approximately 9,200 about 12 percent of the City's estimated population of �� 75,014. LAFco 2003-26-3 PAGE 2 November 20, 2003 Anx to City of Temecula REGISTERED VOTERS: The Registrar of Voters reports 2,968 voters within the reorganization site, making the proposal legally inhabited. ACREAGE: The total area of the reorganization is approximately 1,344 acres. CEQA DETERMINATION: The City, as lead agency, has prepared an initial study on this proposal that resulted in the filing of a Negative Declaration. Additionally, the City has found that the proposal will not have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Based on that de minimus impact finding, the City has issued a Certificate of Fee Exemption concerning the Department of Fish and Game mitigation fees. PROPERTY TAX EXCHANGE: Corresponding master property tax resolutions have been adopted by both the City and the County. EXISTING CONDITIONS: The subject territory includes the Redhawk Specific Plan No. 217 and a portion of the Vail Ranch Specific Plan No. 223. The majority of the area is built -out. Within the Redhawk Specific Plan area there are approximately 2,436 single-family detached units, two existing elementary schools, and four public parks. The remaining portion of the Vail Ranch Specific Plan includes the Old Vail Ranch Historic Site and a developing commercial center. LAND USE PLANS: The City has adopted the County approved specific plans as the zoning for the area. BACKGROUND: In December of 1998, the Commission approved an annexation that included Vail Ranch and the adjacent Redhawk Specific Plan (LAFCO 1998-14-1). The proposal was approved contingent upon approval of taxes, assessments and charges (referred to generically as taxes in this report) pursuant to Proposition 218. As proposed, Vail Ranch property owners would have received a modest reduction in their taxes resulting from the annexation. Taxes in Redhawk, however, would have increased by approximately $135 annually. The taxes, which required two-thirds voter approval, were submitted as separate measures to voters of Redhawk and Vail Ranch in November 1999. The measures passed overwhelmingly in Vail Ranch, receiving approximately 90 percent approval. In Redhawk, however, approximately 60 percent of the voters voted against the measures. Since the taxes failed to pass over the entire annexation area, the proposal could not be completed and was later abandoned. Shortly after the election, Vail Ranch residents petitioned the City of Temecula to take steps to annex Vail Ranch alone. In 1999, the City Council adopted a Resolution of LAFCO 2003-26-3 PAGE 3 November 20, 2003 Anx to City of Temecula • Application. Subsequently, an application for the annexation of Vail Ranch was submitted by the City. In 2000, the Commission approved the annexation of Vail Ranch into the City of Temecula (2000-10-1). The annexation was effective on July 1, 2001. Prior to the submittal of the current proposal by the City of Temecula, a petition was circulated by affected residents to initiate the proposal. The Registrar of Voters verified that 27% of the registered voters within the annexation area signed the petition (only 5 percent is required). Based, in part, on this strong show of support, the City initiated the proposal on its own. SIGNIFICANT ISSUES: BOUNDARY ISSUES: The boundaries of this proposal include the entirety of the Redhawk Specific Plan and a pocket of commercial area off of Winchester Road, which was excluded from the previous annexation. The annexation will create better defined service boundaries and complete annexation of the..area as originally approved by.the Commission in 1998. SERVICES: The City of Temecula has submitted a Plan of Services in support of the application. That plan is attached to this report. The following services are highlighted here. • Police Protection: The City contracts with the Riverside County Sheriff for law enforcement services. 1he.city states that response times for priority one calls will decrease from 12 minutes to approximately five minutes once service is provided through local City patrols. In order to serve the annexation area and meet the 1:1000 ratio of officer to population, Temecula will have to contract for seven additional police officers. The city has allocated $11.2 million for police protection in fiscal year 2003/2004. Fire Protection: The City also contracts with the County for fireprotection services. The County, in turn, contracts with the California Department of Forestry and Fire Protection. As a result of these contractual arrangements, there will be no change in service upon annexation. The station that currently provides first response and will continue to serve the annexation area is Station 92 located at 32364 Overland Trail. Emerciency Medical: The City currently pays for a paramedic unit housed out of Station 84 on Pauba Road near Margarita Road, approximately two miles from the annexation area. Assuming the proposal is not overturned at the protest hearing and the election for taxes, assessments, and charges receives • majority support from the residents, the City has stated it would provide emergency medical services to the annexation LAFCO 2003-26-3 PAGE 4 November 20, 2003 Anx to City of Temecula area effective July 1, 2004 prior to the requested effective date of July 1, 2005. Solid Waste Disposal: Currently the Waste Management Inc., is providing solid waste disposal service to the subject area for approximately $230.00 per year for basic service ($19.16/month). Upon annexation, the City, through TCSD, will collect solid waste rates and charges on the property tax roll for single-family residential units and distribute the revenue to the hauler on a semi-annual basis. Under state code, the current hauler may continue to provide services up to a period of five years. After the contract expires with Waste Management, CR&R the City's waste hauler will provide solid waste disposal to the annexation area. CR&R charges $172.59 annually per single family residential unit for weekly trash collection. Park, Slope and Median Maintenance: These services are currently provided through CSA 143. Upon annexation, the City's subsidiary community services district would take over park and median maintenance. However, TCSD will not provide slope maintenance. The city and the Redhawk Community Association have agreed that the HOA will provide slope maintenance upon annexation. For more details, please see the discussion below regarding detachment from CSA 143 and annexation to the TCSD. EFFECTIVE DATE: Consistent with discussions between the City and the County, the City has requested an effective date of July 1, 2005. This will provide ample time for the County and the City to plan for the transition of the extended services currently provided by CSA 143. DETACHMENT FROM COUNTY WASTE RESOURCES MANAGEMENT DISTRICT (RCWRMD): On March 24, 1994, the Commission approved the formation of the RCWRMD as a separate financial and legal entity to operate and finance solid waste facilities in Riverside County. The District became effective on May 2, 1994. As part of the Commission's action, it determined that future annexations to cities should detach from the RCWRMD unless those cities have annexed to the District. This is based on an understanding between the County and the COGs that annexation of cities to RCWRMD will be accomplished in an organized fashion to ensure appropriate representation on the governing board of the District. Therefore, staff will recommend concurrent detachment from the RCWRMD. DETACHMENT FROM CSA 152: The CSA was formed to finance non - point source pollution programs required by federal law. If the Commission approves annexation to the City, the area will be automatically detached from the CSA. Detachment from CSA 152 is appropriate since the City, unlike many other cities in the County, has opted not to annex into CSA 152. DETACHMENT FROM CSA 143 AND ANNEXATION TO TEMECULA COMMUNITY LAFCO 2003-26-3 PAGE 5 November 20, 2003 Anx to City of Temecula SERVICES DISTRICT (TCSD): As noted in the Back4round Section above, the transfer of local CSA services and associated taxes and charges was the central issue in a previous reorganization. CSA 143 currently provides park maintenance, median/slope maintenance, street lighting and street sweeping. Charges for these services appear on property owners' tax bills. Under this proposal, these services, with the exception of slope maintenance would be provided through the TCSD, a subsidiary district of the City. TCSD performs similar services throughout the City with the exception .of slope maintenance. The maintenance of parks, recreational facilities, medians, traffic signals, arterial streetlights, and the provision of recreational programs will be paid for by TCSD's special taxes, assessments, and charges which would replace those currency charged by CSA 143. The City has determined that the CSD taxes, assessments and charges must go through appropriate Proposition 218 compliance procedures before they can be levied. For obvious reasons the City would not want a reorganization completed unless revenues would be available for local services. The City plans to call an election in March of 2004 to seek approval of TCSD taxes, rates and charges. TAXES AND ASSESSMENTS: Presently, CSA 143 provides landscape maintenance, park maintenance and street lights services. The landscape annual per parcel charge within the Redhawk area varies from $102.00 to $443.00. Landscape maintenance includes minimal median maintenance and slope maintenance. The annual per parcel park maintenance assessment for the Redhawk area ranges from $15.00 to $75.00. Street light services include all streetlights within Redhawk. The annual per parcel assessment is $42.44. Once annexed, TCSD will provide recreation services, median and park maintenance as well as arterial street lighting for an annual assessment of $63.44 per existing dwelling unit. The maximum amount that TCSD is currently authorized to charge for these services is $74.44. The annual residential street lighting assessment per single family dwelling unit charged by TCSD would be $25.68. Slope maintenance however, would not be provided by TCSD. Instead, the Redhawk Community Association would provide slope maintenance.. It is envisioned that an increase in association dues will be required to fund this function. As noted above, the City plans to conduct an election in March 2004 on the TCSD taxes, assessments and charges. COMMENTS FROM AFFECTED AGENCIES/INTERESTED PARTIES: Charolette Fox, a res dent of Vail Ranch, has submitted a letter expressing support for the annexation and also concern for a final plan and agreement between the City and County regarding preservation of a historical site within the annexation boundaries. LAFCO 2003-26-3 PAGE 6 Anx to City of Temecula November 20, 2003 It has been the practice of staff to recommend approval of inhabited annexations unless there are significant boundary or service concerns. In this way residents can determine, through the protest hearing process, whether annexation is in their best interest. in this instance, the proposal would substantially improve boundaries in the area and improve police and emergency medical service levels. The recommendation is for conditional approval as shown below. SPECIFIC RECOMMENDATIONS: Based on the factors outlined above, IT IS the Commission: that Find the City of Temecula, as lead agency, has filed a Negative Declaration on the proposal and complied with the California Environmental Quality Act (CEQA) and all appropriate State Guidelines, and the Commission has reviewed and considered the environmental documentation. Also find the City has found that the proposal will not have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code; 2. Determine the proposed reorganization is consistent with the spheres of influence of the City of Temecula, the Temecula Community Services District and all other affected agencies; 3. Determine the proposed reorganization is legally inhabited; Approve LAFCO 2003-26-3--REORGANIZATION TO INCLUDE CONCURRENT ANNEXATIONS TO THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT, AND CONCURRENT DETACHMENTS FROM COUNTY SERVICE AREAS 143, 152 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT, subject to the following: a. Prior to recordation of the Certificate of Completion, all applicable taxes, assessments and charges for services to be provided by the Temecula Community Services District shall be approved in accordance with the requirements of Proposition 218. b. The City of Temecula shall defend, indemnify, and hold harmless the Riverside County Local Agency Formation Commission ("LAFCO"), its agents, officers, and employees from any claim, action, or proceeding against LAFCO, its agents, officers, and employees to attach, set aside, void, or annul an approval of LAFCO concerning this proposal. LAFCO 2003-26-3 t Anx to City of Temecula PAGE 7 November 20, 2003 C. Establish the effective date of the reorganization as July 1, 2005. 5. Direct the Executive Officer to initiate Protest Proceedings pursuant to Government Code Section 57000 et seq., upon payment of required fees. Respectfully submitted, George J. Spiliotis Executive Officer Adriana Romo Local Government Analyst I Redhawk Annexation Area Fiscal Impact Analysis City of Temecula and County of Riverside City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 (909) 694-6444 August 4, 2003 SRHA Job #1022 11661 San Vicente Blvd. Suite 306 STANLEY R. HOFFMAN Los Angeles, California 90049-5111 A 5 5 O =, A* E 5 310.820.2680, 310.820.8241-fax www.stanleyrhoffman.com CONTENTS Chapter1 Overview and Summary...........................................................................1 1.1 Overview of City of Temecula Fiscal Analysis.......................................................1 1.2 Pending Sales Tax Sharing Agreement Between City and County ..........................1 1.3 Overview of County of Riverside Fiscal Analysis...................................................1 1.4 Summary of City Fiscal Analysis.............................................................................2 1.5 Summary of County Fiscal Factors..........................................................................2 1.6 Organization of Report ............................................................................................3 Chapter 2 City of Temecula Fiscal Analysis............................................................4 2.1 Land Development...................................................................................................4 2.2 Estimated Residential Value....................................................................................4 2.3 Population and Employment....................................................................................4 2.4 Property Tax Allocation..........................................................................................6 2.5 Public Infrastructure.................................................................................................6 2.6 City of Temecula Fiscal Analysis............................................................................7 2.7 Community Services District Revenues..................................................................8 2.8 Other Fiscal Assumptions........................................................................................8 2.9 Sales Tax Estimate for 67-Acre Commercial Site...................................................8 Chapter 3 County of Riverside Fiscal Analysis.....................................................14 3.1 Project Description for County Fiscal Analysis.....................................................14 3.2 County Fiscal Impacts............................................................................................17 3.2.1 Prior to Annexation.........................................................................................17 3.2.2 Upon Annexation.............................................................................................19 3.3 County Fiscal Assumptions...................................................................................21 3.3.1 Revenue Assumptions......................................................................................22 3.3.2 Cost Assumptions............................................................................................26 Stanley R. Hoffman Associates, Inc. i Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLES 2-1 Existing and Projected Assessed Valuation.........................................................................5 2-2 Allocation of Riverside County's Property Tax Rate.........................................................6 2-3 Public Road Infrastructure..................................................................................................7 2-4 Summary of Recurring Revenues and Costs......................................................................10 2-5 General Fund Revenue Factors..........................................................................................11 2-6 General Fund Cost Factors.................................................................................................12 2-7 Estimated Sales Tax Revenues for 67-Acre Site...............................................................13 3-1 County of Riverside, Land Use and Market Summary ......................................................15 3-2 Riverside County General Fund, Recurring Revenues and Costs..........................................................................................18 3-3 Riverside County, 2003 Population and Employment Distribution..................................22 3-4 Riverside County General Fund, Summary of General Fund Revenue Factors.....................................................................23 3-5 Property Tax Allocations, Prior To and Upon Annexation to City of Temecula.........................................................23 3-6 Riverside County General Fund, Summary of General Fund Net Cost Factors.....................................................................27 Stanley R. Hoffman Associates, Inc. ii Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Chapter 1 Overview and Summary 1.1 Overview of City of Temecula Fiscal Analysis This memorandum summarizes the fiscal impact of the proposed annexation of the Redhawk community area into the City of Temecula under two alternatives: 1. Alternative 1-- Annexation of existing development with 2,436 developed residential parcels and 776 vacant parcels plus a 3.0-acre commercial site and a 67-acre commercial site (44 commercial acres currently estimated to be developed or under -construction). 2. Alternative 2 -- Annexation with full development of 3,212 residential parcels and the 3.0- acre and 67-acre commercial sites. For this analysis, the City of Temecula's fiscal impact model was calibrated with the fiscal year 2003-2004 budget. The fiscal factors were updated for the annexation analysis based on discussions with the City's Finance Department, Planning, Community Services and Public Works staff. 1.2 Pending Sales Tax Sharing Agreement Between City and County Under the earlier Vail Ranch Annexation Agreement, the County rebates 50 percent of the sales tax generated from the 67-acre site to the City. Another sales tax sharing agreement is pending between the City of Temecula and the County of Riverside. Upon annexation, the City would rebate the County 50 percent of the sales tax generated by the 67-acre site until a limit of $3,000,000 is reached. The City would receive the other 50 percent. When the limit of $3,000,000 is reached, then the County would not receive any more sales tax revenues and 100 percent would accrue to the City of Temecula. Currently, 44 acres of the 67-acre site is either developed or under construction. 1.3 Overview of County of Riverside Fiscal Analysis A fiscal analysis was also prepared for the County of Riverside's General Fund prior to annexation and under future build -out for the following two conditions after annexation: 1. Assuming that the 50 percent sales tax sharing agreement between the County of Riverside and the City of Temecula for the 67-acre commercial site is operational; and, 2. Assuming that the 50 percent sales tax sharing agreement limit of $3,000,000 is reached whereupon the County ceases to receive any sales tax revenues from the 67-acre site and 100 percent of the sales tax generated then accrues to the City of Temecula. Stanley R. Hoffman Associates, Inc. 1 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside 1.4 Summary of City Fiscal Analysis Alternative 1. Alternative 1, assuming annexation of the existing development, is estimated to generate a net annual recurring steady state fiscal surplus o $64,442, or a revenue -cost ratio of 1.03. This is before the proposed sales tax sharing arrangement where 50 percent of the sales tax generated by the 67-acre site, or an estimated $517,880 per year would be received by Riverside County up to a maximum of $3,000,000. At this rate, it would take approximately 5.8 years to payoff the $3,000,000 amount. Prior to achieving the steady state fiscal conditions, it is assumed that the citywide planning and general govemmentloverhead functions would be phased in on a marginal . basis and thereby assist in offsetting the sales tax sharing payment. Alternative 2. Alternative 2 presents the projected case at full build -out where the 67-acre and the 3- acre commercial sites are fully developed and all of the 3,212 residential units are developed. Under this alternative, the projected annual recurring steady state fiscal surplus increases to 269,339 or a revenue -cost ratio of 1.10. Again, this is before the proposed sales tax sharing arrangement where 50 percent of the sales tax generated by the 67-acre site, or an estimated $788,590 per year, would be received by Riverside County up to a maximum of $3,000,000. At this rate, it would take approximately 3.8 years to payoff the $3,000,000 amount. Again, it is assumed that the citywide planning and general governmentloverhead functions would be phased in on a marginal basis and thereby assist in offsetting the sales tax sharing payment. 1.5 Summary of County Fiscal Analysis Prior to Annexation. Prior to annexation and assuming full build -out of Redhawk to the City of Temecula, a net annual recurring surplus of $944.0 thousand is projected to the County General Fund. The projected surplus is based on recurring revenues of $3.43 million and recurring costs projected at $2.49 million resulting in a revenue -cost ratio of 1.38. Property tax is the largest projected revenue source at about 35.2 percent of total General Fund revenues followed by sales and use tax at 23.0 percent. The third largest revenue source is motor vehicle license fees at 18.5 percent. Together, these three sources represent about 77 percent of the total revenues. Upon Annexation with Sales Tax Sharing. Upon annexation and with the proposed sales tax sharing agreement, the County General Fund is projected to receive a net annual surplus of $895,144. This is based on projected recurring revenues of $2,402,348 and recurring costs of $1,507,203. The sales tax sharing represents about $788,590 per year up to a maximum of $3,000,000. Stanley R. Hoffman Associates, Inc. 2 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Upon Annexation without Sales Tax Sharing; Upon annexation at full build -out and assuming that the $3,000,000 limit for sales tax sharing has been reached, the County General Fund is projected to receive a net annual surplus of $106,554. This is based on projected recurring revenues of $1,613,758 and recurring costs of $1,507,203. The two major sources of revenues under the post - sales tax sharing agreement are property taxes at 56 percent of total General Fund revenues and motor vehicle license fees at 39 percent. 1.6 Organization of Report Chapter 2 presents the fiscal analysis for the City of Temecula along with the land development statistics and key assumptions. Chapter 3 presents the fiscal analysis for the County of Riverside General Fund prior to and post -annexation along with the land development statistics and key assumptions. Stanley R. Hoffman Associates, Inc. 3 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Chapter 2 City of Temecula Fiscal Analysis 2.1 Land Development The proposed Redhawk annexation area is comprised of: • A total of 3,212 residential units at build -out. • 2,436 developed residential parcels with an estimated average property value (2003) of $240,474 per unit based on Riverside County's Auditor -Controller data. • 776 undeveloped (vacant) parcels with an estimated average land value (2003) of $72,424 per parcel. • 3.0 acres of land zoned for neighborhood retail development - 30,000 sq. ft. of total estimated leasable space • 67.0 acres of land zoned for community retail development — 670,000 sq. ft. of total estimated leasable space with 44 acres, or 440,000 sq. ft. of space, either currently developed or under construction. 2.2 Estimated Residential Value Table 2-1 provides an estimate of the assessed valuation for the residential property in the annexation area. Estimated valuations from 2001 for existing units were adjusted by 3% annually (2% under the Proposition 13 limitation plus 1% for turnover). The total estimated residential assessed valuation in 2003 under Alternative 1 is $641,995,688 for 2,436 developed parcels and 776 vacant parcels. For Alternative 2, an average assessed value of $282,000 was estimated per unit for the 766 currently undeveloped parcels. This is based on estimated average prices of homes currently being sold in Zip code 92592 that contains the Redhawk development. This yields as estimated total residential property valuation of $804,626,664 at full development. 2.3 Population and Employment Population in the proposed annexed area is based on a factor of 2.85 persons per residential unit, resulting in an estimated current population of 6,943 persons in the Redhawk project area under Alternative 1. For Alternative 2, with the addition of 766 homes, the population is estimated to increase to 9,154. Existing retail employment is estimated at 940. This includes the 3.0-acre commercial site, representing an estimated 30,000 square feet of retail space and an estimated employment of 60 plus Stanley R. Hoffman Associates, Inc. 4 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside 440,000 square feet and an estimated employment of 880 for the 67-acre site. This estimate is based on 44 acres currently either developed or under construction on the 67-acre site. Retail employment is estimated using an average factor of 500 square feet per retail employee. At full development there is an estimated retail employment of 1,400. Again, this is based on 60 employees at the 3-acre site plus 1,340 employees at the 67-acre commercial site. Full development of the 67-acre site is estimated to contain 670,000 square feet of retail space or 1,340 employees at 500 square feet per retail employee. Table 2-1 Redhawk Annexation Area Existing and Projected Assessed Valuation Valuation Category 2003 1. Estimated Property Value — Existing Residential Developed Units 2,436 Estimated Value per Unit' $240,474 Estimated Valuation $585,794,664 Estimated Property Value — Vacant Lots Undeveloped Units 776 Estimated Value per Parcel' $72,424 Estimated Valuation $56,201,024 Total Estimated Existing Residential Valuation $641,995,688 2. Estimated Property Value — Future Residential Future Developed Units 776 Estimated Value per Unit $282,000 Estimated Valuation $218,832,000 Total Estimated Future Residential Valuation 3 $804,626,664 1. Based on valuations from the 2001 Riverside County assessor's data base and increased by 3% annually to 2003. 2. Based on recent sales data for Zipcode 92592 that includes the Redhawk development. 3. Includes the sum of the valuation for the 2,436 existing developed units plus the future development of 766 units. Source: Stanley R. Hoffman Associates, Inc. Riverside County Auditor -Controller's Assessor Data Base Stanley R. Hoffman Associates, Inc. 5 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside 2.4 Property Tax Allocation As shown in Table 2-2, the City General Fund will receive 25 percent of the current allocation of the County's General Fund property tax rate, which is equal to 3.28% of the 1.0% basic property tax levy. The City's share of property tax revenues is calculated for each Tax Rate Area (TRA). The County's General Fund Tax Rate for each TRA is multiplied by the ERAF (Educational Revenue Augmentation Fund) retention factor to determine the County's share of the property tax revenues. The County's share of the property tax revenues is then multiplied by 25 percent to determine the City's distribution as shown in Table 2-2. Table 2-2 Redhawk Annexation Area Allocation of Riverside County's Property Tax Rate County General County ERAF County Share Fund Property Retention of Property Tax TRA Parcels Tax Rate Factor' Revenues 94101 1,254 0.2548 0.507 0.1292 92102 23 0.2710 0.507 0.1374 94130 423 0.2699 0.507 0.1368 Weighted Rate 0.2588 0.507 0.1312 City Share of Property Tax - Annexed Area 2 25% City Share of Property Tax Rate - Annexed Area 0.0328 The ERAF (Educational Revenue Augmentation Fund) shift results in the county aining approximately 50.7% of the initial tax rate with the remainder going to the public 2. Upon annexation, the City/County property tax transfer agreement stipulates that the City only receives 25% of the County's property tax rate in the unincorporated area, while the County retains the remaining 75%. Source: Stanley R. Hoffman Associates, Inc. Riverside County Auditor -Controller's Assessor Data Base 2.5 Public Infrastructure Table 2-3 provides a summary of the estimated arterial, major, collector and local road lane miles for the project. The proposed annexation area contains an estimated total of 22.14 lineal miles of these roads and 50.52 lane miles. Local serving roads are estimated at 52.42 lineal feet per parcel or 31.89 lane miles at build -out. All local roads are assumed to be two lanes. Six new traffic signals are also estimated to be annexed into the City. Stanley R. Hoffman Associates, Inc. 6 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Table 2-3 Redhawk Annexation Area Public Road Infrastructure Incremental Storm Segment Lanes Curbs Signals Drain City Lane Curb Lineal Road Type Length Factor Share Miles Miles Miles urban arterial 96' 720.0 6 4 2.00 0.80 100% 0.82 0.55 0.14 major 80' 15,020.1 4 2 2.00 0.80 100% 11.38 5.69 2.84 residential collector 68' 13,297.6 2 2 0.80 100% 5.04 5.04 2.52 Industrial collector 86' 3,671.5 2 2 2.00 0.80 100% 1.39 1.39 0.70 residential40' 84,199.2 2 2 - 0.80 100% 31.89 31.89 15.95 Source: Stanley R. Hoffman Associates, Inc. City of Temecula, Geographic Information Systems 2.6 City of Temecula Fiscal Analysis The fiscal analysis is presented in Table 2-4 for both Alternative 1 and Alternative 2. Alternative 1, assuming annexation of the existing development, is estimated to generate a net annual recurring steady state fiscal surplus of $64,442, or a revenue -cost ratio of 1.03. This is before the proposed sales tax sharing arrangement where 50 percent of the sales tax generated by the 67-acre site, or an estimated $517,880 annually as shown at the bottom of Table 2-4, would be received by Riverside County up to a maximum of $3,000,000. At this rate, it would take approximately 5.8 years to payoff the $3,000,000 amount. Prior to achieving the steady state fiscal conditions, it is assumed that the citywide planning and general government/overhead functions would be phased in on a marginal basis and thereby assist in offsetting the sales tax sharing payment. Alternative 2 presents the projected case at full build -out where the 67-acre and the 3-acre commercial sites are fully developed and all of the 3,212 residential units are developed. Under this alternative, the projected annual steady state fiscal surplus increases to $269,339, or a revenue -cost ratio of 1.10. Again, this is before the proposed sales tax sharing arrangement where 50 percent of the sales tax generated by the 67-acre site, or an estimated $788,590 annually as shown at the bottom of Table 2-4, would be received by Riverside County up to a maximum of $3,000,000. At this rate, it would take approximately 3.8 years to payoff the $3,000,000 amount. Again, it is assumed that the citywide planning and general government/overhead functions would be phased in on a marginal basis and thereby assist in offsetting the sales tax sharing payment. Stanley R. Hoffman Associates, Inc. 7 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside After sales taxes, representing 46.0 percent to almost 50 percent of the projected revenues, the next major source of revenue is the Motor Vehicle License In -Lieu fee of $344,234 to $453,855 representing about 14.4 percent to 15.3 percent of the total revenues. This is followed by property taxes at $236,011to $301,802. This represents another 10.0 percent of total revenues. The other revenue sources combined represent about 26.0 to 28.0 percent of total revenues. The major costs are Police Protection at $887,408 to $1,180,165, or about 45.0 percent of total costs and net Fire Protection at $259,034 to $345,443, or about 13.0 percent. The combined Public Works costs are estimated to range from $227,316 to $279,271, or about 11.0 percent. These three cost categories represent about 70 percent of the public cost budget. 2.7 Community Services District Revenues The Temecula Community Services District (CSD) provides for the maintenance of parks and recreation, arterial street lighting and medians, residential street lighting and residential refuse collection and recycling in Redhawk. Charges are levied on a per parcel basis for residential parcels and on an EDU (Equivalent Dwelling Unit) basis for non-residential parcels. The residential and non-residential parcels will also cover perimeter landscaping separately through a Homeowners' Association rather than through the CSD. The estimated annual revenues generated from these parcel charges range from $655,294 for Alternative 1 to $867,097 for Alternative 2 and are considered adequate to pay for the required maintenance costs. 2.8 Other Fiscal Assumptions Revenue and cost assumptions for the fiscal model were derived from the City's fiscal year 2003- 2004 budget. The revenue and cost assumptions and factors are summarized in Tables 2-5 and 2-6, respectively. Table 2-5 highlights the revenue factors for property and sales taxes, business license tax, franchise fees, motor vehicle license taxes, State gasoline taxes, fines and forfeitures and CSD parcel charges. Table 2-6 highlights the cost factors for police and fire protection, public works and community services, non -fee supported planning costs and citywide overhead. 2.9 Sales Tax Estimate for 67-Acre Commercial Site A sales tax estimate has been prepared for the 67-acre commercial site as presented in Table 2-7 with the assistance of Hinderliter de Llamas, the City's sales tax consultant. The estimate is based on Stanley R. Hoffman Associates, Inc. 8 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside about developed 44 acres that includes both existing establishments and those just opened or under construction, such as: Wal-Mart, Kohls, Ross and Famous Footwear. Where newer stores or those under construction do not have a year of actual retail sales performance data, then countywide averages for theses same stores are used. This also includes retail sales at the existing golf course clubhouse. The estimated sales tax of $941,000 over the 44 acres yields an estimated taxable sales per square foot of $214 based on about 10,000 retail square feet per acre or a floor area ratio of about 23 percent. Stanley R. Hoffman Associates, Inc. 9 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 2-4 REDHAWK ANNEXATION ANALYSIS SUMMARY OF RECURRING REVENUES AND COSTS Alternative 1 Alternative 2 Existing Development Buildout Development Recurring Revenues: Amount % Amount % Property tax $236,011 10.5% $301,802 9.6% Transfer tax: New Development ($0) 0.0% $0 0.0% Turnover $31,264 1.4% $39,895 1.3% SalesfUse Tax: 3 Acre Site $52,800 2.3% $52,800 1.7% Sales/Use Tax: 67 Acre Site' $1,035,760 46.0% $1,577,180 49.9% Transient occupancy tax $0 0.0% $0 0.0% Business License tax $6,082 0.3% $9,058 0.3% Franchises $140,449 6.2% $186,241 5.9% Motor vehicle in -lieu $344,234 15.3% $453,855 14.4% State gasoline tax $136,499 6.1% $179,968 5.7% Measure A sales tax (capital projects) $200,097 8.9% $263,818 8.4% Fines and forfeitures $38,390 1.7% $51,398 1.6% Interest $29,716 1.320% $41,927 1.3% Other $0 0.0% $0 0.0% Subtotal $2,251,302 100.0% $3,157,942 100.0% Net of Measure A sales tax (capital proiects) $200,097 $263,818 Recurrine Costs: Police protection $887,408 44.7% 1,180,165 45.0% Net fire cost $259,034 13.0% 345,443 13.2% Animal control $9,790 0.5% 16,111 0.6% Public Works - Streets $199,531 10.0% 244,796 9.3% Public Works - Other $3,430 0.2% 4,553 0.2% Public Works -Admin. $24,355 1.2% 29,922 1.1% Community Services $196,131 9.9% 262,085 10.0% Planning (Non -Fee Supported) $169,233 8.5% 227,082 8.7% Citywide overhead $237,852 12.0% 314,181 12.0% Total Costs $1,986,763 100.0% $2,624,339 100.0% Fiscal Recurring Revenue/Cost Ratio 1.10 Sales Tax Sharing Agreement Analysis Retail Sales Tax Sharing with Riverside County 50% 50% Sales Tax To County for 67 Acre Site $517,880 $788,590 Payoff Amount to Riverside County $3,000,000 $3,000,000 Years to Achieve Payoff 5.8 3.8 Note: 1. Assumes 50% of sales tax goes to Riverside County until $3,000,000 payoff limit is reached. 2. These are net General Fund costs that are not covered by the CSD parcel charge revenues. 3. This scenario assumes that all vacant parcel are developed at the average value of $282,000. Source: Stanley R. Hoffman Associates, Inc. City of Temecula Fiscal Model Stanley R. Hoffman Associates, Inc. 10 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 2-5 REDHAWK ANNEXATION ANALYSIS GENERAL FUND REVENUE FACTORS ** POPULATION AND EMPLOYMENT ** 75,014 TEMECULA POPULATION FOR CALCULATING MULTIPLIERS (DOF -2003) 36,307 TEMECULA EMPLOYMENT FOR CALCULATING MULTIPLIERS (City - 2003) ** LOCAL TAXES ** 1.0% PROPERTY TAX RATE, TOTAL 3.28% TEMECULA GENERAL FUND 6.59% STRUCTURAL FIRE TAX $0.00055 PROPERTY TRANSFER TAX RATE PER $1 OF AV 0.80 CONSIDERATION RATE (for transfer tax) 0.10 TURNOVER RATES --RESIDENTIAL 0.08 --HOTEL 0.08 --OFFICE 0.08 --RETAIL 0.08 --INDUSTRIAL & other non-residential 0.08 TRANSIENT OCCUPANCY TAX RATE 0.33 RATIO OF HOUSEHOLD INCOME TO HOUSING VALUE 5.92 BUSINESS LICENSE TAX PER EMPLOYEE ** FRANCHISE FEES ** 4.00 GAS FRANCHISE --Per EDU 22.18 ELECTRICITY FRANCHISE --Per EDU 11.64 SOLID WASTE FRANCHISE --Per EDU 17.31 CABLE TV FRANCHISE --Per DU ** REVENUE FROM OTHER AGENCIES ** $4.42 STATE GASOLINE TAX-2106 PER CAPITA $6.54 STATE GASOLINE TAX-2105 PER CAPITA $8.70 STATE GASOLINE TAX-2107 PER CAPITA $49.58 MOTOR VEHICLE LICENSE FEES PER CAPITA $24.13 MEASURE A PER CAPITA (for capital projects) ** OTHER REVENUES ** $4.87 FINES AND FORFEITURES per capita and employee 1.26% INTEREST FACTOR as % of net General Fund revenues **CSD PARCEL CHARGES** -- SINGLE FAMILY RESIDENTIAL -- $63.44 CITYWIDE PARKS/RECREATION $0.00 A. ARIL STR. LTG./MED. (included under Citywide factor) $25.68 B. RESIDENTIAL STREET LIGHTING $0.00 C. PERIMETER LANDSCAPING (covered by HOA) $172.54 D. RES. REFUSEd2ECYCLING -- MULTI -FAMILY RESIDENTIAL -- $47.58 CITYWIDE PARKS/REC. (75% of Single Family rate) $0.00 A. ARIL STR. LTG./MED. (included under Citywide factor) -- NON-RESIDENTIAL PER ACRE -- (Developed) $380.64 CITYWIDE PARKS/REC. (@ 6 edu per acre and $63.44 per edu) $0.00 A. ARIL STR. LTG./MED. (included under Citywide factor) Source: Stanley R. Hoffman Associates, Inc. City of Temecula Fiscal Model -- August 2003 Stanley R. Hoffman Associates, Inc. 11 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 2-6 REDHAWK ANNEXATION ANALYSIS GENERAL FUND COST FACTORS ** POLICE PROTECTION $119.25 POLICE PATROL COSTS PER CAPITA $63.25 POLICE PATROL COSTS PER EMPLOYEE ** FIRE PROTECTION ** $178.17 FIRE PROTECTION PER RESIDENTIAL EDU $178.17 FIRE PROTECTION PER NON-RESIDENTIAL EDU $81.19 FIRE PROTECTION CREDIT PER EDU i i i7a\ ►1 I u /:\ I (�Ii) � 1 l ;;i11f i i $1.76 ANIMAL CONTROL COST PER CAPITA ** COMMUNITY SERVICES DISTRICT - CITYWIDE SERVICES ** $72.16 COMMUNITY SERVICES COST PER EDU ** PUBLIC WORKS/PARK MAINTENANCE ** $3,978.00 PAVEMENT MAINTENANCE PER LANE MILE $795.60 STREET SWEEPING PER CURB MILE - ALL STREETS $5,610.00 TRAFFIC SIGNAL O & M PER INTERSECTION $918.00 STORM DRAIN MAINTENANCE PER LINEAL MILE $1,530.00 BRIDGE MAINTENANCE PER BRIDGE $7,140.00 PARK MAINTENANCE PER ACRE $204.00 OPEN SPACE MAINTENANCE PER ACRE 12.0% PUBLIC WORKS ADMINISTRATIVE OVERHEAD ** PLANNING DEPARTMENT ** $21.04 PLANNING COST PER CAPITA (non -fee supported) $24.63 PLANNING COST PER EMPLOYEE (non -fee supported) ** CITYWIDE OVERHEAD ** 13.6% CITYWIDE GENERAL GOVERNMENT ADMIN. RATE ** EQUIVALENT DWELLING UNIT FACTORS ** 1.0 per single family residential unit 0.8 per multi family residential unit 0.5 per 1,000 non-residential sq. ft. Source: Stanley R. Hoffman Associates, Inc. City of Temecula Fiscal Model - August 2003 Stanley R. Hoffman Associates, Inc. 12 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 2-7 REDHAWK ANNEXATION AREA ESTIMATED SALES TAX REVENUES FOR 67-ACRE SITE Retail Establishments Apparel Stores' General Merchandise' Eating & Drinking Other2 s 1171ma e a es Tax Per Year $90,000 775,500 32,000 43,500 TOTALS $941,000 1. Existing estimated sales tax revenue for 67-acre site is based on both existing establishments and those just opened or underconstruction such as: Wal-Mart, Kohls, Ross and Famous Footwear. 2. Includes taxable sales of service station, golf course and other smaller, retail establishments. 3. An estimated 44 acres of the 67-acre site is developed or underconstruction. Sources: Stanley R. Hoffman Associates, Inc. Hinderliter de Llamas Stanley R. Hoffman Associates, Inc. 13 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Chapter 3 County of Riverside Fiscal Analysis This chapter presents the fiscal impact analysis of the Redhawk area that is currently located in the unincorporated area of Riverside County. Three fiscal impacts are projected for the following Alternatives: • Prior to Annexation Alternative. This Alternative projects fiscal impacts to Riverside County prior to annexation of the Redhawk area to the City of Temecula. Under the Vail Ranch Annexation Agreement, the County rebates 50 percent of the sales tax generated from the 67-acre site to the City. Recurring revenues and costs are projected to the County General Fund. • Upon Annexation Alternative. This Alternative assumes the Redhawk area will be annexed to the City of Temecula. — With Sales Tax Sharing. This annexation Alternative projects the fiscal impacts to the Riverside County General Fund with a sales tax sharing agreement assuming the County receives 50 percent of the sales tax projected for the 67-acre commercial retail parcel included in the project until the sum reaches $3,000,000. — Without Sales Tax Sharing. This annexation Alternative projects fiscal impacts to the Riverside County General Fund after the $3,000,000 sales tax amount is reached, and the City of Temecula receives 100 percent of the projected sales tax. Section 3.1 presents the land use and market summary for County fiscal analysis of the Redhawk area. Section 3.2 presents the fiscal impacts to the Riverside County General Fund prior to and upon annexation of Redhawk to the City of Temecula. The fiscal assumptions for the Riverside County analysis are presented in Section 3.3. 3.1 Project Description for County Fiscal Analysis The land use and market summary for the Redhawk annexation area is presented in Table 3-1. The table presents the summary prior to annexation and upon annexation with the sales tax sharing alternatives. The entire Redhawk study area is proposed for annexation to the City of Temecula. Units and Square Feet. As shown in Panel A of Table 3-1, a total of 3,212 single-family residential units are included in the Redhawk annexation area. Of the total units, 2,436 units are existing and 776 residential units are planned for future development. Two commercial parcels with a total of 700,000 square feet are planned for Redhawk: 1) A 3-acre parcel with 30,000 square feet of neighborhood retail, and 2) A 67-acre parcel with 670,000 square feet of community retail. Stanley R. Hoffman Associates, Inc. 14 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 3-1 REDHAWK ANNEXATION AREA COUNTY OF RIVERSIDE LAND USE AND MARKET SUMMARY (in Constant 2003 Dollars) Prior to Annexation Upon Annexation With Sales Tax I Sharing Without Sales Tax Sharing A. UNITS AND SQUARE FEET Sinale Family Residential Units Existing Development 2,436 0 0 Future Development 776 0 0 Total Residential Units 3,212 0 0 Commercial Retail Square Feet 3-Acre Parcel (Neighborhood) 30,000 0 0 67-Acre Parcel (Community) 670 000000 Q 0 Total Commercial Retail Square Feet 700,000 0 0 B. POPULATION AND EMPLOYMENT Population (®2.85 persons per unit 9,154 0 0 Employment (® 500 square feet per employee) 1,400 0 0 C. ASSESSED VALUATION Sinale Family Residential Units Existing Development (@ $240,474 per unit) $585,794,664 $585,794,664 $585,794,664 Future Development (® $282,000 per unit) 218.632.000 218,832,000 218,832.000 Total Residential Valuation $804,626,664 $804,626,664 $804,626,664 Commercial Retail (@ $165 per building square foot' $115,500,000 $115,500,000 $115,500,000 Total Assessed Valuation $920,1262664 $920,126,664 $920,126,664 D. PROPERTY TAX' $1,207,206 $905,405 $905,405 E. COMMERCIAL RETAIL TAXABLE SALES 3-Acre Parcel (Neighborhood) (® $160 per square foot) $4,800,000 $0 0 67-Acre Parcel (Community) (® $214 per square foot)' 143,380.000 71,690,000 Q Total Commercial Retail Taxable Sales $148,180,000 $71,690,000 $0 F. SALES AND USE TAX4 3-Acre Parcel (Neighborhood) $52,800 $0 $0 67-Acre Parcel (Community) - 50% to the County 788,590 788,590 $0 67-Acre Parcel (Community) - 50% to the City 788,590 0 0 Total Sales and Use Tax $1,629,980 $788,590 $0 Notes: 1. Two scenarios are presented upon annexation of the Redhawk area: 1) With a sales tax sharing agreement assuming the County receives 50 percent of the sales and use tax projected for the 67-acre community retail parcel until the sum reaches $3,000,000. 2) After the $3,000,000 cap is reached, the City receives 100 percent of the sales tax from the 67-acre parcel. 2. Commercial retail is valued at a total of $165 per building square foot and includes land, building and unsecured valuatio 3. The fiscal analysis assumes that upon annexation 25 percent of the current allocation of 13.12 percent of the basic one percent property tax levy to the County General Fund will shift to the City of Temecula General Fund. 4. Sales tax is projected at 1 percent of taxable sales and use tax is projected at 10 percent of sales tax. Currently the County has a tax sharing agreement to rebate to the City 50 percent of the sales tax generated by the 67-acre parcel. Source: Stanley R. Hoffman Associates, Inc. City of Temecula County of Riverside Auditor Controller Stanley R. Hoffman Associates, Inc. 15 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Population and Employment. Redhawk area population is estimated at 9,154 based on 2.85 persons per housing unit. Employment associated with the Redhawk study area is estimated at 1,400 based on 500 square feet per employee Assessed Valuation. As shown in Panel C of Table 3-1, the total assessed valuation for Redhawk is estimated at $920.13 million. Residential valuation is estimated at $804.63 million and includes $585.79 million for the existing residential units ($240,474 per unit) and $218.82 million for the future residential units ($282,000 per unit). Commercial valuation is estimated at $115.50 million based on a valuation of $165 per square foot including land value, building construction and unsecured valuation. Property Tax. Projected property tax to the County of Riverside is based on the total project assessed valuation and the property tax allocation to the County General Fund for the Tax Rate Areas for the Redhawk area. Prior to annexation, property tax to the County General Fund is projected at 13.12 percent of the basic one percent levy, or $1.21 million. Upon annexation 25 percent of the property tax allocation will shift to the City and the County General Fund will continue to receive property tax. Upon annexation, the County General Fund is projected to receive property tax at 9.84 percent of the basic one percent property tax levy, or $905.4 thousand. Commercial Retail Taxable Sales. Total taxable sales for the commercial development in the Redhawk area are projected at $148.18 million prior to annexation. As shown in Panel E of Table 3- 1, taxable sales for the 3-acre neighborhood parcel are projected to total $4.80 million, assuming $160 of taxable sales per square foot for the 30,000 square feet of neighborhood uses. Taxable sales for the 67-acre square foot parcel (670,000 square feet) are projected at $143.38 million, assuming $214 taxable sales per square foot for the community retail uses. Prior to annexation, County rebates 50 percent of the sales tax generated from the 67-acre site to the City. Upon annexation with the tax sharing agreement, 50 percent of the taxable sales for the 67-acre parcel ($71.69 million) are allocated to the County until the County receives a total of $3.00 million in sales tax from the parcel. After the $3.00 million cap is reached, no taxable sales are projected for the County. Sales and Use Tax. Total sales and use tax are projected at $1.63 million from the 67-acre commercial site prior to annexation. As shown in Panel F of Table 3-1, sales and use tax to the County is projected at $788.6 thousand with the Vail Ranch sales tax sharing agreement. Stanley R. Hoffman Associates, Inc. 16 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside 3.2 County Fiscal Impacts Table 3-2 presents the recurring revenues and costs to the Riverside County General Fund prior to and upon annexation of Redhawk to the City of Temecula. The County General Fund receives property tax at an average rate of 13.12 percent of the basic one percent levy prior to annexation; upon annexation, the estimated average rate is 9.84 percent of the basic one percent levy. Upon annexation the County also receives property transfer tax, motor vehicle license in -lieu revenues, property tax administration revenues. Upon annexation with the property tax agreement, the County will also receive sales and use tax for the 67-acre parcel in the project until a $3.00 million cap is reached. Prior to annexation, the County provides municipal -type services, such as Sheriff patrol and development services to the unincorporated Redhawk area, as well as countywide services that are provided to all County residents within incorporated and unincorporated areas. Upon annexation of the Redhawk area to the City of Temecula, the County General Fund provides only countywide services to Redhawk. 3.2.1 Prior To Annexation Prior to annexation of Redhawk to the City of Temecula, a recurring surplus of $944.0 thousand is projected to the County General Fund. The projected surplus is based on recurring revenues projected at $3.43 million and recurring costs projected at $2.49 million resulting in a revenue/cost ratio of 1.38. County General Fund Recurrine Revenues Prior to Annexation. As Table 3-1 indicates, the largest projected revenue source to the County General Fund prior to annexation of Redhawk is property tax at $1.21 million, about 35.2 percent of total recurring revenues. The second largest recurring revenue source is sales and use tax, projected at $788.6 thousand and 23.0 percent of total projected recurring revenues prior to annexation. This is followed by the third largest revenue source, motor vehicle license in -lieu revenues at $633.3 thousand, or 18.5 percent of recurring revenues. These three revenue sources represent approximately 76.7 percent of total projected recurring revenues to the County General Fund from Redhawk prior to annexation. K. Hottman Associates, inc. I Redhawk Annexation Area Niscal Impact Analysis 2003 City of Temecula and County of Riverside TABLE 3-2 REDHAWK ANNEXATION AREA RIVERSIDE COUNTY GENERAL FUND RECURRING REVENUES AND COSTS (In Constant 2003 Dollars) Amount Percent of Total Upon Annexation' Upon Annexation With Without With Without Prior Prior to Sales Tax Sales Tax to Sales Tax Sales Tax Annexation' Sharing Sharino Annexation' Sharing Sharing Recurrina Revenues Property tax $1,207,206 $905,405 $905,405 35.2% 37.7% 56.1% Property transfer tax 94,861 47,431 47,431 2.8% 2.0% 2.9% Sales and use tax: 3-Acre Parcel 52,800 0 0 1.5 % 0.0% 0.0% Sales and use tax: 67-Acre Parcel 788,590 788,590 0 23.0 % 32.8% 0.0% Franchise taxes 92,426 0 0 2.7% 0.0% 0.0% Animal licenses 15,301 0 0 0.4% 0.0% 0.00/6 License -CAN 44,235 0 0 1.3% 0.0% 0.0% Vehicle code fines 47,452 0 0 1.4% 0.0% 0.0% Other fines, forfeitures and penalties 134,616 0 0 3.9% 0.0% 0.0% Forfeitures and penalties 38,024 0 0 1.1% 0.0% 0.0% Motor vehicle license in -lieu revenues 633,332 633,332 633,332 18.5 % 26.4% 39.2°k Federal in -lieu taxes 5,543 0 0 0.2% 0.0% 0.0% Property tax administration 27,590 27,590 27,590 0.80/6 1.1% 1.7% Building use and concessions 5,017 0 0 0.1% 0.0% 0.0% Contributions from other funds 207,290 0 0 6.0% 0.0% 0.0% Interest on Invested Funds 363y21 0 0 1.1% 0.0% 0.0% Total Recurring Revenues $3,430,805 $2,402,348 $1,613.758 100.0% 100.0% 100.0% Recurring Costs° Municipal -Type Costs: Sheriff Coroner - patrol $886,979 $0 $0 35.7% 0.0% 0.0% Development services 92)�03 0 0 3.70/6 12y 0.0% Subtotal $979,583 $0 $0 39.4% 0.00/6 0.00/6 Countywide Costs: General government $201,461 $201,461 $201,461 8.1% 13.4% 13.4% Public protection 796,162 796,162 796,162 32.09/6 52.8% 52.8% Health and sanitation 171,298 171,298 171,298 6.9% 11.41Y. 11.4% Public assistance 227,672 227,672 227,672 9.2% 15.1% 16.1 % Education, recreation and culture 2,060 2,060 2,060 0.1% 0.1% 0.1% Debt service and contingency 108.551 101✓_551 108,551 4.4% 7.2 % 7.2% Subtotal $1,507,203 $1,507,203 $1,507,203 60.6% 100.0% 100.0% Total Recurring Costs $2,486,786 $1,507,203 $1,507,203 100.0% 100.0% 100.0% Net Recurring Surplus $944,019 $895,144 $106,554 Revenue/Cost Ratio 1.38 1.59 1.07 Notes: 1. Currently the County has a tax sharing agreement to rebate to the City 50 percent of the sales tax generated by the 67-acre community commercial parcel. 2. Two scenarios are presented upon annexation of the Redhawk area: 1) With a sales tax sharing agreement assuming the County receives 50 percent of the sales tax projected for the 67-acre community retail parcel until the sum reaches $3,000,000. 2) After the $3,000,000 cap is reached, the City receives 100 percent of the sales tax from the 67-acre parcel. S. Municipal costs are for public services provided directly to the project, while Countywide costs are potentially provided to all residents of the County. Source: Stanley R. Hoffman Associates, Inc. Stanley R. Hoffman Associates, Inc. 18 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside County General Fund Recurring Costs Prior to Annexation. Table 3-1 also presents projected recurring costs to the County General Fund prior to annexation of Redhawk to the City of Temecula. Prior to annexation, annual recurring costs are projected at $2.49 million. Recurring costs to the County of Riverside General Fund prior to annexation include the municipal -type costs of sheriff patrol protection and development services. Other costs are considered countywide and are projected both prior to annexation and upon annexation since they are provided to all residents of the County. Sheriff patrol protection costs are projected at $887.0 thousand prior to annexation and account for 35.7 percent of the total recurring annual costs prior to annexation. The next largest projected cost is countywide public protection, projected at $796.2 thousand and 32.0 percent of total projected recurring costs prior to annexation. Countywide public protection includes district attorney, public defender and other court related operations costs. The third largest cost is public assistance projected at $227.3 thousand and 9.2 percent of total projected recurring costs prior to annexation. Sheriff patrol, public protection and public assistance costs represent 76.9 percent of total projected recurring costs to the County General Fund prior to annexation. Other projected costs to the County General Fund prior to annexation include countywide general government, countywide health and sanitation, countywide debt service and contingency, development services and countywide education, recreation and cultural services. 3.2.2 Upon Annexation Projected impacts to the County General Fund upon annexation are also presented in Table 3-2. Fiscal impacts upon annexation are projected with a tax sharing agreement and without a tax sharing agreement With Tax Sharing Agreement A recurring surplus of $895.1 thousand is projected to the County General Fund after annexation of Redhawk with a tax sharing agreement between the County and the City of Temecula. Recurring revenues are projected at $2.40 million and recurring costs are projected at $1.51 million upon annexation. This results in a revenue/cost ratio of 1.59. Projected Recurring Revenues. Projected recurring revenues to the Riverside County General Fund upon annexation with a tax sharing agreement include only property tax, property transfer tax, sales and use tax for the 67-acre parcel, motor vehicle license in -lieu revenues and property tax Stanley R. Hoffman Associates, Inc. 19 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside administration revenues. Upon annexation, property tax is the largest projected revenue source to the County General Fund projected at $905.4 thousand and representing 37.7 percent of total recurring revenues. The second largest recurring revenue upon annexation is sales and use tax, projected at $788.6 thousand and representing approximately 32.8 percent of total projected recurring revenues. The third largest County General Fund revenue source is motor vehicle in -lieu revenue at $633.3 thousand, or about 26.4 percent of total projected recurring revenues upon annexation of Redhawk to the City of Temecula. Projected Recurring Costs. Table 3-2 also presents projected recurring costs to the County General Fund upon annexation of Redhawk with a tax sharing agreement. After annexation, annual recurring costs are projected at $1.51 million. Recurring costs to the County of Riverside General Fund upon annexation include countywide net operating costs. Police protection and development services to Redhawk will be provided by the City of Temecula upon annexation. The largest projected cost upon annexation is countywide public protection, estimated at $796.2 thousand and 52.8 percent of total recurring costs upon annexation. Public assistance is the next largest countywide cost upon annexation, projected at $227.7 thousand and 15.1 percent of total recurring costs upon annexation. The third largest cost upon annexation is general government, projected at $201.5 thousand and 13.4 percent of total recurring costs. These three costs represent 81.3 percent of total recurring countywide costs upon annexation. Without Tax Sharing Agreement A steady state annual recurring surplus of $106.6 thousand is projected to the County General Fund after annexation of Redhawk without a tax sharing agreement. Recurring revenues are projected at $1.61 million and recurring costs are projected at $1.51 million upon annexation. This results in a revenue/cost ratio of 1.07. Projected Recurring Revenues. Projected recurring revenues to the Riverside County General Fund upon annexation without a tax sharing agreement include only property tax, property transfer tax, motor vehicle license in -lieu revenues and property tax administration revenues. Upon annexation, property tax is the largest projected revenue source to the County General Fund projected at $905.4 thousand and representing 56.1 percent of total recurring revenues. The second largest recurring revenue upon annexation is motor vehicle in -lieu revenue, projected at $633.3 Stanley R. Hoffman Associates, Inc. 20 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside thousand and representing approximately 39.2 percent of total projected recurring revenues. The third largest County General Fund revenue source is property transfer tax at $47.4 thousand, or about 2.9 percent of total projected recurring revenues upon annexation of Redhawk to the City of Temecula. Proiected Recurring Costs. Table 3-2 also presents projected recurring costs to the County General Fund upon annexation of Redhawk without a tax sharing agreement. After annexation, annual recurring costs are projected at $1.51 million. Recurring costs to the County of Riverside General Fund upon annexation include countywide net operating costs. Police protection and development services to Redhawk will be provided by the City of Temecula upon annexation. The largest projected cost upon annexation is countywide public protection, estimated at $796.2 thousand and 52.8 percent of total recurring costs upon annexation. Public assistance is the next largest countywide cost upon annexation, projected at $227.7 thousand and 15.1 percent of total recurring costs upon annexation. The third largest cost upon annexation is general government, projected at $201.5 thousand and 13.4 percent of total recurring costs. These three costs represent 81.3 percent of total recurring countywide costs upon annexation. 3.2 County Fiscal Assumptions This section presents the revenue and cost factors used in preparing the Riverside County fiscal analysis of the Redhawk annexation area. The analysis is presented in constant year 2003 dollars and is based on information from the following sources: • County of Riverside's Fiscal Year 2003-04 Proposed Budget • State of California, Department of Finance (DOF), City/County Population and Housing Estimates, January 1, 2003 • Southern California Association of Governments (SCAG), RTP 2001 Projections, 2003 estimates Property tax, property transfer tax, and sales and use tax are projected using the case study method. All other revenue factors and all cost factors are projected based on a per capita or per employee basis using either the total County or unincorporated portion of the population and employment. Stanley R. Hoffman Associates, Inc. 21 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Revenues and costs are allocated between population and employment based on the shares of population and employment to the combined population and employment for the appropriate jurisdiction, as shown in Table 3-3. TABLE 3-3 COUNTY OF RIVERSIDE 2003 POPULATION AND EMPLOYMENT DISTRIBUTION Jurisdiction Population' Employment' Total A. Total County 1,705,537 584,092 2,289,629 Share of Totals 74.0% 26.0% 100% B. Unincorporated Area 465,753 98,901 564,654 Share of Total3 82% 18% 100% Notes: 1. Population estimates are from January 1, 2003 estimates,California Department of Finance (DOF). 2. Employment estimates are for 2003 from SCAG RTP 2001 Projections. 3. The estimates are rounded to the nearest whole percent. Source: Stanley R. Hoffman Associates, Inc. State of California, Department of Finance (DOF), City/County Population and Housing Estimates, January 1, 2003 Southern California Association of Government (SCAG), RTP 2001 Projections 3.3.1 Revenue Assumptions The revenue factors used in preparing the fiscal analysis for the Redhawk annexation are presented in Table 3-4. Property Tax. Property tax revenues are projected by multiplying 1.0 percent times the tax allocation percentage for each jurisdiction or special district by the assessed valuation of the study area. The fiscal analysis assumes the City of Temecula General Fund will receive 25.0 percent of the existing property tax allocation to Riverside County General Fund upon annexation of the Redhawk Area. The current property tax allocations within the TRAs encompassing the Redhawk area, both prior to and upon annexation are presented in Table 3-5. Upon annexation, about 25.0 percent of the current Riverside County allocation of 13.12 percent will shift to the Temecula General Fund. The County General Fund will receive 9.84 percent of the basic one percent property tax levy upon annexation. Stanley R. Hoffman Associates, Inc. 22 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside TABLE 3-4 REDHAWK ANNEXATION AREA RIVERSIDE COUNTY GENERAL FUND SUMMARY OF GENERAL FUND REVENUE FACTORS (In Constant 2003 Dollars) Category Fiscal Year 2003-2004 Budget Amount Distribution/Divisor' 1 Revenue Allocation' Revenue Facto Per Per Capita Em to ee Population lEmployment Taxes Property Tax Property Transfer Tax Sales and Use Tax Transient Lodging Tax Subtotal Other General Fund Revenues Franchises Animal Licenses License -CAN Vehicle Code Fines Other Fines, Forfeitures & Penaltief Forfeitures and Penalties Interest on Invested Funds Motor Vehicle IrHieu Federal In•Ueu Taxes Property Tax Administration Building Use and Concessions Contribution from Other Funds Subtotal Total $195,070,994 Assessed Valuation ----------------Case Study-------------- 12,000,000 Assessed Valuation •--••------••-Case Study ----------------- 22,500,000 Taxable Sales ---------Case Study---------- ------- - 1 010,000 Room Receipts ---------------Case Study------------ $230,580,994 $4,952,000 Unincorporated Population and Employmen 778,510 Unincorporated Population 2,370,000 Unincorporated Population and Employmen 2,542,397 Unincorporated Population and Employmen 29,296,570 Countywide Population and Employment 8,275,189 Countywide Population and Employment 7,948,118 Countywide Population and Employment 118,000,000 Countywide Population 1,032.720 Countywide Population 6,004,434 Countywide Population and Employment 1,091,890 Countywide Population and Employment 45,112,671 12,671 Countywide Population and Employment $227,404,499 $457,985,493 82.0% 18.0% $8.72 $9.01 100.0% 0.0% $1.67 $0.00 82.0% 18.0% $4.17 $4.31 82.0% 18.0% $4.48 $4.63 74.0% 26.0% $12.71 $13.04 74.0% 26.00/6 $3.59 $3.68 74.0% 26.0% $3.45 $3.54 100.0% 0.0% $69.19 $0.00 100.0% O.W. $0.61 $0.00 74.0% 26.0% $2.61 $2.67 74.0% 26.0% $0.47 $0.49 74.0% 26.0% 19.57 $20.08 $131.23 $61.46 Notes: 1. The particular category is either generated in unincorporated areas or countywide, as shown. 2. Revenues are allocated between population and employment based on the shares of population and employment to the combined populallor and employment for the appropriate jurisdiction. 3. Per capita and per employee factor: are derived by dividing the allocated costs by either the population and employment for the appropriate jurisdiction. Source: Stanley R. Hoffman Associates, Inc. County of Riverside, FY2003-04 Proposed Budget State of California, Department of Finance, E-5 County/City Population and Housing Estimates, January 1,2003 Southern California Association of Governments, Projections 2001, Riverside County Employment Estimates for 2003 TABLE 3-5 REDHAWK ANNEXATION AREA COUNTY OF RIVERSIDE PROPERTY TAX ALLOCATIONS PRIOR TO AND UPON ANNEXATION Description of Fund' Tax Rate Allocations Prior to Annexation Upon Annexation County I City of Temecula General Fund 0.131200 0.098400 0.032800 Note: 1. Only the property tax allocation for the General Funds are presented in this table. 2. The fiscal analysis assumes that upon annexation, 25 percent of the current allocation of 13.12 percent to the County General Fund will shift to the City of Temecula General Fund. Source: Stanley R. Hoffman Associates, Inc. Riverside County Auditor Controller's Office 2003 tawk Annexation Area Fiscal Impact Analysis City of Temecula and County of Riverside Property Transfer Tax. Riverside County taxes sales of real property at a rate of $1.10 per $1,000 of property value. Upon annexation, 50 percent of the property transfer tax is allocated to the County and 50 percent to the City of Temecula. Residential units are estimated to change ownership an average of about 10.0 percent per year, or each home changes owners on the average of once every 10 years. Commercial property is assumed to change ownership an average of about 5 percent per year, or at an average of once every 20 years. Sales Tax. Sales tax revenues are projected at one percent of taxable sales. Use Tax. In addition to sales tax, a use tax factor of 10.0 percent is applied to the sales tax. The use tax factor is derived from two major sources: — A use tax rather than a sales tax is paid on construction materials from residential and non-residential development. This tax is counted in the county where construction takes place, not at the point of sale of materials. — A use taxis also levied on purchases from out-of-state sellers of goods for use in California. The State Board of Equalization assembles the use tax collections into a number of pools. County pools for each county are based on tax proceeds assigned to a county level. A statewide pool is developed for tax proceeds that cannot be assigned to individual counties. These pools of use tax proceeds are then distributed to individual cities and counties on a quarterly basis. The distribution percentages to local jurisdictions for the county pool are calculated on the basis of each city's and county's share of total countywide non-situs based sales tax as a percentage of total point -of -sale sales tax. A similar procedure is used in the allocation of the statewide pool. Transient Lodging Tax. There are no lodging facilities in the Redhawk area; therefore, this revenue source is not projected. Franchises. Franchise revenues for fiscal year 2003-2004 are estimated at $4.95 million for the unincorporated area of the County. These revenues are allocated 82 percent to population and 18 percent to employment, which represents each components share to the total combined population and employment estimate of 564,654 for the unincorporated area. Franchise revenues are projected at $8.72 per capita and $9.01 per employee based on the following formulas: — $4.95 million times 82% divided by 465,753 = $8.72 per capita — $4.95 million times 18% divided by 98,901 = $9.01 per employee 2003 iawk Annexation Area Fiscal Impact Analysis City of Temecula and County of Riverside Animal Licenses. Revenues from animal licenses are projected using a factor of $1.67 per capita and are determined by dividing the budget amount of $778.5 thousand by the unincorporated population County population of 465,753. Cable TV Licenses. Revenues from this source are estimated at $4.17 per capita and $4.31 per employee and are based on 2003-2004 revenues of $2.37 million for the unincorporated County area and are allocated 82 percent to population and 18 percent to employment. The combined population and employment of the unincorporated area is 564,654 (465,753 population and 98,901 employment). The formulas are: - $2.37 million times 82% divided by 465,753 = $4.17 per capita - $2.37 million times 18% divided by 98,901 = $4.31 per employee Vehicle Code Fines. Vehicle code fines in the unincorporated area for fiscal year 2003-2004 are estimated at $2.54 million and are allocated 82 percent to population and 18 percent to employment. Revenues from this source are projected at $4.48 per capita and $4.63 per employee based on the following calculations: - $2.54 million times 82% divided by 465,753 = $4.48 per capita - $2.54 million times 18% divided by 98,901 = $4.63 per employee Other Fines, Forfeitures and Penalties. Countywide population and employment of 2,289,629 and the budget amount of $29.30 million determine the method for projecting this revenue source. Revenue factors are estimated at $12.71 per capita and $13.04 per employee based on the following: - $29.30 million times 74% divided by 1,705,537 = $12.71 per capita - $29.30 million times 26% divided by 584,092 = $13.04 per employee Forfeitures and Penalties. Revenue factors from this category are projected based on the total countywide population and employment and revenues of $8.28 million. The per capita factor is $3.59 and the per employee factor is $3.68 based on the following calculations: - $8.23 million times 74% divided by 1,705,537 = $3.59 per capita - $8.23 million times 26% divided by 584,092 = $3.68 per employee Interest on Invested Funds. These revenues are estimated at $3.45 per capita and $3.54 per employee based on the total County population and employment and estimated revenues of $7.95 million. - $7.95 million times 74% divided by 1,705,537 = $3.45 per capita - $7.95 million times 26% divided by 584,092 = $3.54 per employee Stanley R. Hoffman Associates, Inc. 25 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Motor Vehicle In -lieu. Revenues from this source are projected at $69.19 per capita based on the budget amount of $118.00 million divided by the total Riverside County of 1,705,537. Federal In -lieu Taxes. These revenues are projected at $0.61 per capita and are determined by dividing the County Budget amount of $1.03 million by the total County population of 1,705,537. Property Tax Administration. These revenues are estimated at $2.61 per capita and $2.67 per employee based on the total County population and employment and revenues of $6.00 million. — $6.00 million times 74% divided by 1,705,537 = $2.61 per capita — $6.00 million times 26% divided by 584,092 = $2.67 per employee Building Use and Concessions. Revenues from this source are projected using a factor of $0.47 per capita and $0.49 per employee. This is based on the 2003-04 budget amount of $1.09 million and the total County population and employment. — $1.09 million times 74% divided by 1,705,537 = $0.47 per capita — $1.09 million times 26% divided by 584,092 = $0.49 per employee Contributions from Other Funds. Revenue factors for this category are projected based on the total countywide population and employment and estimated Fiscal Year revenues of $45.11 million. The per capita factor is $19.57 and the per employee factor is $20.08 based on the following calculations: — $45.11 million times 74% divided by 1,705,537 = $19.57 per capita — $45.11 million times 26% divided by 584,092 = $20.08 per employee 3.3.2 Cost Assumptions Ongoing recurring costs to the County of Riverside General Fund include a combination of municipal -type costs and countywide costs, as shown in Table 3-6. Municipal -Type Costs The municipal -type costs include sheriff's patrol and development services. Municipal costs are projected based on the estimated net fiscal year 2003-2004 expenditures for each category and the estimated unincorporated County population and employment. Sheriff Coroner — Patrol. Net expenditures for Sheriff patrol in the unincorporated area for fiscal year 2003-2004 are estimated at nearly $47.52 million and are allocated 82 percent to population and 18 percent to employment. Sheriff patrol costs are projected at $83.67 per capita and $86.49 per employee based on the following calculations: R. Hoffman Associates, Inc. 26 Redhawk Annexation Area Fiscal Impact Analysis 2003 City of Temecula and County of Riverside - $47.52 million times 82% divided by 465,753 = $83.67 per capita - $47.52 million times 18% divided by 98,901 = $86.49 per employee Development Services. Development services net expenditures in the unincorporated area for fiscal year 2003-2004 are estimated at nearly $4.95 million and are allocated 82 percent to population and 18 percent to employment. Development services costs are projected at $8.74 per capita and $9.02 per employee based on the following calculations: - $4.95 million times 82% divided by 465,753 = $8.74 per capita - $4.95 million times 18% divided by 98,901 = $9.02 per employee TABLE 3-6 REDHAWK ANNEXATION AREA RIVERSIDE COUNTY GENERAL FUND SUMMARY OF GENERAL FUND NET COST FACTORS (In Constant 2003 Dollars) Fiscal Year 2003-2004 Net Cost Allocation Cost Facto Net Marginal I Non- I Per Per I Category Expenditures Net Costs Residential Residential Capita Em to ee Sheriff Patrol: Unicorporated $47,522,405 $47,522,405 $38,968,372 $8,554,033 $83.67 $86.49 Development Services: Unincorporated 4,954,757 4,954,757 4.069,280 891,856 $8.74 $9.02 General Government: Countywide 48,716,681 43,844,113 32,444,644 11,399,469 $19.02 $19.52 Public Protection: Countywide 192,521,574 173,269,417 128,219,368 45,050,048 $75.18 $77.13 Health and Sanitation: Countywide 35,461,733 31,915,560 31,915,560 0 $18.71 $0.00 Public Assistance: Countywide 47,132,199 42,418,979 42.418,979 0 $24.87 $0.00 Education, Recreation and Culture: Countywide 498,027 448,224 331,686 116,538 $0.19 $0.20 Debt Service and Contingency: Countywide 23,624,081 23,624,081 17,481,820 6,142,261 $10.25 $10.52 Total Recurring Costs $400,430,457 $367,997,636 $295,849,709 $72,154,206 $240.63 $202.87 Note: 1. All Countywide costs, except debt service and contingency costs, are projected to increase at a marginal rate with new growth. Costs for municipal -type services to unincorporated areas are projected to increase in direct proportion to new growth. 2. Net countywide costs are allocated 76 percent to residential development and 24 percent to non-residential development, based on the shares of population and employment to the combined total County population and employment. Net costs to unincorporated areas are allocated 82 percent to residential development and 18 percent to non-residential development based on the shares of population and employment to the combined total unincorporated population and employment. 3. Per capita and per employee factors are derived by dividing the allocated costs by either the population and employment for the appropriate jurisdiction. Source: Stanley R. Hoffman Associates, Inc. County of Riverside, FY2003.04 Proposed Budget State of California, Department of Finance, E-5 County/City Population and Housing Estimates, January 1,2003 Southern California Association of Governments, RTP Projections 2001, Riverside County Employment Estimates for 2003 Stanley R. Hoffman Associates, Inc. 27 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside Countywide Costs Countywide costs are those that are potentially provided to all residents of Riverside County, regardless of whether they live in unincorporated or incorporated areas. As shown in Table 3-6, countywide costs include general government; public protection, excluding sheriff's patrol; health and sanitation; public assistance; education, recreation and culture; and debt service and contingency. Countywide costs factors are calculated based on the net Fiscal Year 2003-2004 expenditures for each category and the estimated total County population and employment. General Government. Cost factors for these categories are projected based on the total countywide population and employment and estimated fiscal year 2003-2004 net expenditures of $48.72 million. The per capita cost factor is $19.02 and the per employee factor is $19.52 based on the following calculations: — $48.72 million times 74% divided by 1,705,537 = $19.02 per capita — $48.72 million times 26% divided by 584,092 = $19.52 per employee Public Protection. Countywide public protection costs are projected at $75.18 per capita and $77.13 per employee. These costs do not include sheriff patrol costs. Cost factors for these categories are projected based on the total countywide population and employment and estimated fiscal year 2003- 2004 net expenditures of $192.52 million. — $192.52 million times 74% divided by 1,705,537 = $75.18 per capita — $192.52 million times 26% divided by 584,092 = $77.13 per employee Health and Sanitation. Costs for these categories are projected based on the total countywide population and estimated fiscal year 2003-2004 net expenditures of $35.46 million. The per capita cost factor is $18.71 based on the net expenditures and the total County population of 1,705,537. Public Assistance. Public assistance costs are projected based on the total countywide population and estimated Fiscal Year net expenditures of $47.13 million. The per capita cost factor is $24.87 based on the net expenditures and the total County population of 1,705,537. Education. Recreation and Culture. Cost factors for these categories are projected based on the total countywide population and employment and estimated fiscal year 2003-2004 net expenditures of $498.0 thousand. The per capita cost factor is $0.19 and the per employee factor is $0.20 based on the following calculations: Stanley R. Hoffman Associates, Inc. 28 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside — $498.0 thousand times 74% divided by 1,705,537 = $0.19 per capita — $498.0 thousand times 26% divided by 584,092 = $0.20 per employee Debt Service and Contingency. These Countywide costs are projected at $10.25 per capita and $10.52 per employee. Cost factors for these categories are projected based on the total countywide population and employment and estimated fiscal year 2003-2004 net expenditures of $23.62 million. — $23.62 million times 74% divided by 1,705,537 = $10.25 per capita — $23.62 million times 26% divided by 584,092 = $10.52 per employee Stanley R. Hoffman Associates, Inc. 29 Redhawk Annexation Area Fiscal Impact Analysis August 2003 City of Temecula and County of Riverside RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, MAKING CERTAIN FINDINGS FOR THE LEVYING A SPECIAL TAX TO FINANCE THE OPERATION, MAINTENANCE AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, RECREATIONAL AND COMMUNITY SERVICES PROGRAMS, MEDIAN LANDSCAPING, ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE CITY OF TEMECULA AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-03 SUBJECT TO A TWO-THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA DOES RESOLVE AS FOLLOWS: Section 1. On March 4, 1997 the voters of the City of Temecula approved Ordinance No. 96-21 of the City of Temecula, levying a special tax to finance the operation, maintenance and servicing of public parks and recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals throughout the City of Temecula. Section 2. On November 20, 2004, the Riverside County Local Agency Formation Commission ordered the reorganization designated as LAFCO 2003-26-3, a reorganization to include annexation of Redhawk to the City of Temecula and the Temecula Community Services District and concurrent detachment from County Service Areas 143 and 152 and the Riverside County Waste Resources Management District ("Redhawk Annexation"). The Redhawk Annexation specifies the area to be annexed to the City of Temecula and the Temecula Community Services District, which area includes the Redhawk Specific Plan Area ('Redhawk Annexation Area"). Such reorganization was ordered subject to two-thirds (2/3) voter approval by voters voting in the Redhawk Annexation Area of a special tax against parcels within that territory for the maintenance, operation and servicing of public parks, recreational facilities, recreational and community services programs, median landscaping, arterial street lights and traffic signals. Section 3. Pursuant to the authority of Article Xl, Section 7 of the California Constitution, Government Code Section 37100.5, and other applicable law, the City Council adopted Ordinance No. 03-— which will levied and assessed a special tax by the City of Temecula on each parcel of property in the Redhawk Annexation Area, commencing with fiscal year 2005-06. Said ordinance will go into effect upon its approval by a 2/3 vote of the voters voting in a special election to be held on March 2, 2004. Section 4. On November 25, 2003, a public hearing was conducted on the proposed special tax for the Redhawk Annexation Area. At said public hearing, all oral and written objections and comments by any interested person concerning the proposed rates and charges R:/Resos 2004/Resos 04- were heard and considered. No written protests or objections to the proposed Rates and Charges were made at said public hearing. Section 5. On January 13, 2004, a second public hearing was conducted on the proposed special tax for the Redhawk Annexation Area. At said public hearing, all oral and written objections, protests and comments by any interested person concerning the proposed rates and charges were heard and considered. Written protests against the proposed special tax were presented by less than a majority of the owners of the parcels within the Redhawk Annexation Area. Section 6. The City Council hereby reaffirms the special tax adopted by Ordinance No. 03---- for the Redhawk Annexation Area, subject to the 2/3 voter approval as described in said Ordinance. Section 7. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause same to be published as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 13'" day of January, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2004/Resos 04- 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. 04- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 131h day of January, 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2004/Resos 04- RESOLUTION NO. CSD 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT MAKING CERTAIN FINDINGS FOR THE ADOPTION OF SERVICE LEVEL B (RESIDENTIAL STREET LIGHTS) RATES AND CHARGES WITHIN THE REDHAWK ANNEXATION AREA TO BE ANNEXED TO THE TEMECULA COMMUNITY SERVICES DISTRICT AS PART OF THE REORGANIZATION DESIGNATED BY THE RIVERSIDE COUNTY LOCAL AGENCY FORMATION COMMISSION AS LAFCO 2003-26-3 SUBJECT TO TWO- THIRDS VOTER APPROVAL OF VOTERS WITHIN THE REDHAWK ANNEXATION AREA THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES 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 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 collected within the TCSD in the manner prescribed by Government Code Sections 61765.2 to 61765.6. inclusive. Section 3. On November 20, 2003 the Riverside County Local Agency Formation Commission ordered the reorganization designated as LAFCO 2003-26-02, a reorganization to include annexation of Redhawk to the City of Temecula and the Temecula Community Services District and concurrent detachment from County Service Areas 143 and 152 and the Riverside County Waste Resources Management District ("Redhawk Annexation"). The Redhawk Annexation specifies the area to be annexed to the City of Temecula and the Temecula Community Services District, which area includes the Redhawk Specific Plan Area ('Redhawk Annexation Area"). Such reorganization is subject to two-thirds (2/3) voter approval by the residents of the annexed area of rates and charges against parcels within that area for street lighting and slope maintenance provided by the TCSD to those parcels within the Redhawk Annexation Area. Section 4. On November 25, 2003, a public hearing was conducted on the proposed rates and charges and the authorization to imposed the rates and charges in the Redhawk Annexation Area. At said public hearing, all oral and written objections and comments by any interested person concerning the proposed rates and charges were heard and considered. No written protests or objections to the proposed Rates and Charges were made at said public hearing. Section 5. On January 13, 2004, pursuant to Sections 61765.2 through 61765.6 of the Government Code, a second public hearing was conducted on the rates and charges proposed in a report entitled "TCSD Report Establishing Rates and Charges for Service Level B for the R:/CSD Resos 2004/CSD 04- Redhawk Annexation Area for Fiscal Year 2005-6" (the 'Report"), which report is on file in the Office of the City Clerk. At said public hearing, all oral and written objections, protests and comments by any interested person concerning the proposed rates and charges were heard and considered. Written protests against the proposed rates and charges were presented by less than a majority of the owners of the parcels upon which the rates and charges are proposed for imposition. Section 6. The Board of Directors hereby finds and determines that, based on the information set forth in the administrative record of the November 25, 2003 and January 13, 2004 public hearings, that the rates and charges to be imposed do not exceed the reasonable cost of the services to be provided to the affected parcels by the TCSD for fiscal year 2004-05. The Board of Directors will hold an additional public hearing in June 2005 for the purpose of formally reviewing the rates and charges prior to their implementation on July 1, 2005. The Rates and Charges will not be imposed unless they are approved by a two-thirds vote of the voters voting on the matter in an election on March 2, 2004. Section 7. Pursuant to the California Environmental Quality Act (CEQA), the levy and collection of these rates and charges is exempt from CEQA pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the State CEQA Guidelines because the rates and charges are necessary to maintain existing improvements within the TCSD. Additionally, both the City Council and the Riverside County Local Agency Formation Commission have duly considered the environmental impacts of the proposed Redhawk Annexation and each have adopted a Negative Declaration indicating that all adverse environmental impacts from the Redhawk Annexation have been mitigated. Section 8. The Board of Directors hereby reaffirms the Service Level B (Residential Street Lights) rate and charge of $25.68 per improved residential lot for parcels in the Redhawk Annexation Area for fiscal year 2004-05 as set forth in TCSD Resolution No. 03-_ and subject to the 2/3 voter approval as described in said resolution. Section 9. The Secretary of the TCSD shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Temecula Community Services District this 13`h day of January, 2004. Chuck Washington, President ATTEST: Susan W. Jones, CMC City Clerk / District Secretary [SEAL] R:/CSD Resos 2004/CSD 04- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, District Secretary for the Temecula Community Services District, do hereby certify that foregoing Resolution No. CSD 04- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof held this 13th day of January, 2004, by the following vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: ABSTAIN: DIRECTORS: Susan W. Jones, CMC City Clerk, District Secretary R:/CSD Resos 2004/CSD 04- REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY DECEMBER 16, 2003 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:46 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Naggar, Washington, and Roberts ABSENT: 1 AGENCY MEMBER: Stone Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of November 25, 2003. Component Unit Financial Statements for Fiscal Year ended June 30. 2003 RECOMMENDATION 2.1 Receive and file the Temecula Redevelopment Agency Component Unit Financial Statements for Fiscal Year ended June 30, 2003. 3 Third Amendment to the Exclusive Negotiating Agreement with AGK Group LLC RECOMMENDATION: 3.1 Approve the third amendment to the Exclusive Negotiating Agreement between Agency and AGK Group LLC. 4 Third Amendment to Agreement between the Redevelopment Agency of the City of Temecula and Keyser Marston Associates, Inc. for the proposed Educational Facility RECOMMENDATION: 4.1 Approve the third amendment to the Keyser Marston Associates, Inc. Agreement for the Educational Facility for an additional amount of $20,000.00. R: \M i n utes. rd a\ 121603 5 Conveyance of a Utility Easement to Southern California Edison RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. RDA 03-17 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT OT SOUTHERN CALIFORNIA EDISON FOR THE COMMUNITY THEATER PROJECT IN OLD TOWN TEMECULA (APN 922-036-031) 5.2 Authorize the City Clerk to record the easement deed. MOTION: Agency Member Naggar moved to approve Consent Calendar Item Nos. 1 - 5. The motion was seconded by Agency Member Comerchero and voice vote approval with the exception of Agency Member Stone who was absent. AGENCY BUSINESS 6 Appointment of Chairperson and Vice Chairperson of the Redevelopment Agency for Calendar Year 2004 RECOMMENDATION: 6.1 Entertain motions from the Agency Members to appoint the Chairperson to preside until the end of calendar year 2004; 6.2 Entertain motions from the Agency Members to appoint the Vice Chairperson who will assume the duties of the Chairperson in the Chairperson's absence and hold this office until the end of calendar year 2004. Chairman Roberts recommended the nomination of Agency Member Comerchero as Chairman and Agency Member Washington recommended the nomination of former Chairman Roberts as Vice Chairman. MOTION: Chairman Roberts moved to appoint Agency Member Comerchero as Chairman and Chairman Roberts as Vice Chairman of the Redevelopment Agency for the year 2004. The motion was seconded by Agency Member Washington and voice vote reflected approval with the exception of Agency Member Stone who was absent. W4xfl11119=10l1NX01 to] Z"N4161:i1 No comment. AGENCY MEMBERS' REPORTS No comments. RAMinutes. rd a\121603 ADJOURNMENT At 8:49 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, January 13, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Ron Roberts, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] RAM in utes. rda\121603 ITEM 2 APPROVAL CITY ATTORNEY, DIRECTOR OF FI CITY MANAGER_ TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment'A-gency Members FROM: Genie Roberts, Director of Finance pp DATE: January 13, 2004 iii SUBJECT: Financial Statements for the Three Months Ended September 30, 2003 PREPARED BY: Pascale Brown, Senior Accountant Shannon Domenigoni, Accountant RECOMMENDATION: That the Agency Members receive and file the Financial Statements for the Three Months Ended September 30, 2003. DISCUSSION: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the three months ended September 30, 2003. Please seethe attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of September 30, 2003 Statement of Revenues, Expenditures and Changes in Fund Balance TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of September 30, 2003 and the Statement of Revenues, Expenditures and Changes in Fund Balance For The Three Months Ended September 30, 2003 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As of September 30, 2003 Assets: Cash and investments Receivables Land held for resale Total assets Liabilities and fund balances: Liabilities: Other current liabilities Deferred revenue Total liabilities Fund balances: Reserved Designated Ondesignated Total fund balances Total liabilities and fund balances Please note that these balances are unaudited Low/Mod CIP Fund Fund Debt Total $ 6,329,987 $ 9,462,097 $ 1,291,794 $ 17,083,878 1,115,803 314,169 6,866 1,436,838 2,103,053 2,103,053 $ 7,445,790 $ 11,879,319 $ 1,298,660 $ 20,623,770 $ 19,329 $ 76,290 $ 1,457,055 $ 1,552,675 712,677 157,059 869,736 732,007 233,349 1,457,055 2,422,411 $ 6,713,784 $ 11,645,969 18,359,753 $ (158,395) (158,395) 6,713,784 11,645,969 (158,395) 18,201,358 $ 7,445,790 $ 11,879,319 $ 1,298,660 $ 20,623,770 City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Three Months Ended September 30, 2003 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Property tax increment $ 2,223,871 (1) Investment interest 186,000 $ 37,575 $ 37,575 20% Rental income 30,000 (2) Miscellaneous 201,000 49,986 49,986 25% Total Revenues 2,640,871 87,561 87,561 3% Expenditures: Salaries and wages 246,685 51,144 51,144 21% Operating and administrative expenditures 374,716 74,196 $ 16,774 90,970 24% Homebuyer programs 300,000 23,922 23,922 8% (3) Residential rehabilitation programs 269,325 22,129 17,323 39,452 15% Housing development & acquisition 2,978,916 17,816 17,816 1% (3) Affordable housing/ future obligation 3,440,120 2,181,000 5,851 2,186,851 64% (4) Total Expenditures 7,609,762 2,370,207 39,948 2,410,155 32% Revenues Over/(Under) Expenditures (4,968,891) (2,282,646) Beginning Fund Balance, July 1, 2003 8,996,430 8,996,430 Ending Fund Balance, September 30, 2003 $ 4,027,539 $ 6,713,784 Notes: (1) Property tax increments are received in January and May of each fiscal year. (2) The variance is due to the annual lease payment from Mission Village (Affirm Housing), scheduled to be received by March of this fiscal year . (3) The variance is due to several housing programs that have not yet started this quarter. (4) The variance is due to the 66 unit Affordable Senior Housing projects contributions made during this quarter. 11 City of Temecula Redevelopment Agency Statement of Revenues. Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency -CB' For the Three Months Ended September 30, 2003 Annual Amended YTD Total Percent Budget Activity Encumbr. Activity of Budget Revenues: Investment interest $ 200,000 $ 1,233 $ 1,233 1% (1) Rental income 180,000 38,411 38,411 21% Loan interest 12,000 3,023 3,023 25% Grants Reimbursements 10,000 Operating transfers in 2,300,000 1,550,000 1,550,000 67% (2) Total Revenues 2,702,000 1,592,667 1,592,667 59% Capital Projects First Street bridge 280-807 69,617 1,403 $ 64,617 66.020 95% (3) Old Town Parking 280-825 1,812,274 Gateway Lurdscape OT 290-833 193,349 4,052 2,871 6,923 4% Erle Stanley Gardner Exhi280-834 38,930 Operating Expenditures: Salaries and wages 99,970 21,929 21.929 22% Operating and administrative expenditures 596.259 119,921 23,199 143.120 24% Owner participation agreements 300,000 (4) Old Town plan implementation 132,270 26,691 3,448 30A29 23% Old Town development incentives Old Town building facades 85,428 16,996 22,234 39,230 46% (3) Banner program 4,080 170 830 1,000 25% Operating transfers out 8,908,852 1,043,404 1,043,404 12% Total Expenditures 12,241,029 1,234,556 117,199 1.351,755 11% Revenues Oved(Under) Expenditures (9,539,029) 358,111 Beginning Fund Balance. July 1, 2003 11,287,859 11,287,859 Ending Fund Balance, September 30. 2003 $ 1,748,830 $ 11,645,969 Notes: (1) The variance is due to low interest rates in LAB' during this quarter. (2) The variance is due to the timing of the operating transfers in. (3) The variance is clue to the encumbrances that are recorded for the Fa$ade Improvement program and the First Street Bridge project for half of the fiscal year. (4) The Costco owner participation ageement is scheduled to be paid by April of this fiscal year. 3 City of Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Redevelopment Agency - Debt Service For the Three Months Ended September 30, 2003 Annual Amended YTD Percent Budget Activity of Budget Revenues: Property tax increment $ 8,895,485 (1) Investment interest 55,000 $ 6,877 13% (2) Advances from other funds 65,000 13,575 21% Total Revenues 9,015,485 20,452 0% Expenditures: Passthrough agreements 6,154,000 (3) Debt service - principal 95,000 95,000 100% (4) Debt service - interest 1,385,795 707,183 51% (4) Trustees admin fees 135,500 4,600 3% (5) Operating transfers out 1,000,000 250,000 25% Total Expenditures 8,770,295 1,056,783 12% Revenues Over/(Under) Expenditures 245,190 (1,036,331) Beginning Fund Balance, July 1, 2003 877,937 877,937 Ending Fund Balance, September 30, 2003 $ 1,123,127 $ (158,395) Notes: (1) Property tax increment is received in January and May each fiscal year. (2) The variance is due to low interest rates in LAIF during this quarter. (3) Passthroughs are recognized when the property tax increment is received (see note 1). (4) Debt service payments on the tax allocation bonds were made during this quarter. (5) Payment is expected to be paid to the County by the end of January of this fiscal year. 4 ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE! CITY MANAGER REDEVELOPMENT AGENCY AGENDA REPORT TO: Shawn D. Nelson, Executive Director FROM: Genie Roberts, Director of Finance DATE: January 13, 2004 SUBJECT: Authorizing Investment of Agency Monies in the Local Agency Investment Fund PREPARED BY: Karin A. Grance, Revenue RECOMMENDATION: That the Redevelopment Agency Board adopt a resolution entitled: RESOLUTION NO. RDA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY AUTHORIZING INVESTMENT OF AGENCY MONIES IN THE LOCAL AGENCY INVESTMENT FUND BACKGROUND: In April 1994, staff requested that the Board participate in the Local Agency Investment Fund (LAIF) as a means of maximizing earnings on funds held in the agency treasury. The Board agreed to participate in LAIF by adopting Resolution No. RDA 94- 03 dated April 5, 1994. In this resolution, certain officials were named to have authorization to make changes, perform wires and request information. Since this time, the city staff has grown, departmental procedures have been implemented, and job duties have changed. In the process of trying to update information with LAIF to be consistent with procedures and job duties, LAIF is requiring that a new resolution be adopted by the Board, which updates the authorized staff to make changes, perform wires and request information. Attached for your adoption is a resolution authorizing the appropriate staff to have the ability to make changes to the LAIF account as well as deposit and withdraw monies. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. RDA 04- Resolution No. RDA 94-03, dated April 5, 1994 RAgend"M Agendas' AIF-ms rde.dw RESOLUTION NO. RDA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY AUTHORIZING INVESTMENT OF AGENCY MONIES IN THE LOCAL AGENCY INVESTMENT FUND THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Temecula Redevelopment Agency does hereby find that pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer. Section 2. The Board of Directors does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interests of the Temecula Redevelopment Agency. Section 3. The Board of Directors does hereby authorize the deposit and withdrawal of Temecula Redevelopment Agency monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. Section 4. The following Temecula Redevelopment Agency officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Shawn D. Nelson Name James B. O'Grady Name Grant M. Yates Name Genie Roberts Name Executive Director Title Assist. Exec. Director Title Asst. to the Exec. Dir. Title Director of Finance Title Signature Signature Signature Signature RJRDA Resos 2004/RDA 04- PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Redevelopment Agency at a regular meeting held on the 13`h day of January, 2004. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC City Clerk / Agency Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, Agency Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that Resolution No. RDA 04-_ 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 13`h day of January, 2004, by the following vote, to wit: AYES: 0 AGENCY MEMBERS: NOES: 0 AGENCY MEMBERS: ABSENT: 0 AGENCY MEMBERS: ABSTAIN: 0 AGENCY MEMBERS: Susan W. Jones, CMC City Clerk / Agency Secretary R:/RDA Resos 2004/RDA 04- PMOLUTION NO. RDA 9483 E .Lf f v 1 Ica OF DISTMCr MONIES W THE LOCAL AGENCY UPAMSTAIENT FUND WHEREAS, pursuant to Chapter 730 of the stahm of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of Investment by the State Treasurer; and MMME", the Board of Diream does hereby find that the deposit and withdrawal of Hwy in the 1.ocat AgMU Investnumt Fund in accordance with the provisoes of Section 15429.1 of the Government Code far the purpose of investment as stated therein as in the best interesm of the Temecula Redevelopment Agency. NOW, THEREFORE, BE IT RESOLVED, the Redevelopment Agency of the city of Tememla does hereby authorize the deposit and withdrawal of Temecula Redevelopment Agency monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein. Section 1. That the &110W ng Temecula Redevelopment Agency officers/deeilnew or fildr successors in office shall be authorized to Order the deposit or withdrawal of monies in the Local Agency Investment Fund. 1 June S. Greek Name e� RUX94-os Sectkm Z. That the Secretary of the Agency shall oertify to the passage and adoption of this resolution.. PAS®, APPROVED AND ADOPTED this 5th day of April, 1994. (/` Ronald J. Parks, Chairperson ATrMP. [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) as CITY OF T'EMBCULA) I, Lune S. Greek, Secretary of the Temecula Redevelopment Agency, HEREBY DO CERTIFY that the foregoing Resolution No. RDA 94-03 was duly adopted at a regular meeting of the Temecula Redevelopment Agency on the 5th day of April, 1994 by the following roll call vote. NOES: 0 AGENCY MEMEM: FT-T'—v rL W 9 0 0 ff-to 0 0 F.WRA Birdsall, MunoZ, Stone, Roberta, Parks None ITEM 4 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: John Meyer, Redevelopment Director -DO DATE: January 13, 2004 SUBJECT: Second Amendment for Humanity of the Inland Valleys Inc. Housing Project RECOMMENDATION: That the Temecula Redevelopment Agency adopt a Resolution entitled: RESOLUTION NO. RDA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND HABITAT FOR HUMANITY BACKGROUND: The City Council/Agency Board approved the Disposition and Development Agreement (DDA) with Habitat for Humanity Inland Valley Inc. (Habitat) on February 11, 2003. The project as approved consists of six single-family homes located at the northwest corner of Pujol and First Street in the Pujol Neighborhood. The Agency has agreed to provide Habitat the property for the nominal fee of $10. In addition, the Agency will provide $150,000 to finish off the off -site improvements on Pujol, First and Habitat Way. The DDA was amended on August 12, 2003, to provide an additional $7,000 to cover the cost of the City's processing fees. ANALYSIS On November 25, 2003 the Agency received a letter from Habitat requesting an amendment to the DDA allowing them to sell the units to households at the low income level, where they were previously restricted to sell the units to households at the very low income level. Habitat expressed that this revision would allow them to offer the units to a broader range of potential applicants. This revision would not prevent Habitat from still offering the homes at the very low-income level. In addition, the project layout has changed and there will be five homes, not six. The reduction was required to facilitate and change the street layout and allows for better lot sizes and configuration. The adjustment to the income level and reduction in unit count has been reviewed by Keyser Marston and Associates, our redevelopment consultants, who have RAHabitat for Humanity\SecondAmendmentHabitat Staff Report 011304.doc determined that the revised deal points and project economics remain within the standards of State Affordable Housing Guidelines. FISCAL IMPACT: The adjustment to the income levels and reduction in unit count will not result in any changes to the Agency's financial contribution to the project. The Agency has previously allocated the land and $157,000 to the project. The funding will be allocated through the Affordable Housing Projects — Pujol Street, which contains $1 million in the FY 03-04 Capital Improvement Program Attachment: Vicinity Map Resolution Second Amendment to the Disposition and Development Agreement KMA Memorandum R:\Habitat for Humanity\SecondAmendmentHabitat Staff Report 091304.doc 0220620191 922062017 - 922062021 50 0 50 100 Feet " ® A delfts aro4ewpMOdowdev aUa—maaoruw.ea RESOLUTION NO. RDA 03- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND HABITAT FOR HUMANITY THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: A. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91- 15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. C. The Agreement, as amended by this Second Amendment to the Disposition and Development Agreement ("Agreement") approved by this Resolution, is intended to effectuate the Redevelopment Plan for the Agency's Redevelopment Project Area No. 1988-1, as amended, by contributing certain real property and providing financial assistance to be used by the Developer to develop a home -ownership project within the Pujol neighborhood consisting of five (5) single family homes (collectively the "Project"), to be sold exclusively to persons and families of low income as defined in Section 50093 of the California Health and Safety Code. D. The Agreement is also intended to effectuate the objectives of the Agency and the City of Temecula (the "City") in complying with their obligation to provide low and moderate income housing pursuant to the Health and Safety Code of California and the goals of the City's Housing Element to the Temecula General Plan. The Developer's development of the Project and the fulfillment generally of this Agreement are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of R:\ Habitat for HumanityUndamendTRDA Res Habitat for Humanity.DOC applicable federal, state, and local laws and requirements. E. The development of the Project as required by the Agreement will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that development of Project on the Site will: (1) Establish development standards and the rehabilitation and improvement of obsolete, deteriorating, and inappropriate buildings and housing stock; (2) consolidate irregular parcels into a site appropriate for development; (3) encourage and provide for development of vacant properties in accordance with the Plan and the Old Town Specific Plan; and (4) preserve, improve, and expand housing opportunities for low income residents. F. The Agreement is consistent with the Redevelopment Plan and the Implementation Plan adopted by.the Agency for the Project Area adopted by the Agency. G. The redevelopment of the Project site as provided in the Agreement and is consistent with the City's General Plan and the Old Town Specific Plan. H. The Agency is specifically authorized by Health & Safety Code Sections 33430, 33431 and 33433, and other applicable law, to enter into the Disposition and Development Agreement. I. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. J. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Second Amendment to the Disposition and Development Agreement by and Between Temecula Redevelopment Agency and Habitat for Humanity Inland Valley, Inc." with such changes in each document as may be mutually agreed upon by the Developer and the Agency Executive Director as are in substantial conformance with the form of such Agreement which on file in the Office of the Agency Secretary. The Chairperson of the Agency is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the Agency. A copy of the final Agreement when executed by the Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency. Section 3. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to the Promissory Note, Deed of Trust, Regulatory Agreement, acceptances, escrow instructions, certificates of completion and such other implementing agreements and documents as contemplated or described in the Agreement. RAHabitat for Hurnmity\2ndamendTRDA Res Habitat for Humanity.DOC Section 4. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevel- opment Agency of the City of Temecula at a regular meeting held on the 13th day of January 2004. Jeff Comerchero, Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] RAHabitat for HumanityUndamendTRDA Res Habitat for Humanity.DOC STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA 1 I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that Resolution No. RDA 03-_ 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 13th day of January, 2004, by the following vote, to wit: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Agency Secretary R:Habitat for Humanity\2ndamendTRDA Res Habitat for Humanity.DOC SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (the "Amendment') is dated as of January 16, 2004 and is entered into by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic ("Agency") and HABITAT FOR HUMANITY INLAND VALLEY, a California non-profit corporation, a California limited partnership ("Developer"). RECITALS A. Agency and Developer entered into a Disposition and Development Agreement dated as of February 11, 2003 (including all exhibits thereto, the "DDA") which provided for, among other things, the sale of certain land by Agency to Developer (the "Property"), and the execution, delivery and recordation of a Regulatory Agreement between Agency and Developer (the "Regulatory Agreement'). The DDA and Regulatory Agreement required that the Property be developed and used as affordable housing (the "Project'). Capitalized terms used but not defined in the Amendment shall have the meanings ascribed thereto in the DDA. B. Completing the Project pursuant to the DDA will assist the Agency with increasing and improving the supply of low income housing in the community. C. The Developer required financial assistance from Agency in order to process the tentative map necessary for the Project, and Agency and Developer agreed to modify the DDA as set forth in the First Amendment in order to provide additional Agency funds to Developer to pay for exports and the costs of processing the tentative map for the Project. D. The Developer requested a Second Amendment to the DDA allowing them to sell the units to households at the low-income level. This revision would allow them to offer the units to a broader range of potential applicants, but would not prevent them from still offering the homes at the very low-income level. NOW, THEREFORE, in consideration of the foregoing recitals, the development, use and maintenance covenants and restrictions in the DDA and Regulatory Agreement, and other consideration, the adequacy of which is hereby acknowledged, Agency and Developer hereby agree as follows: 1. DDA Modification. The DDA is hereby amended to provide that Developer shall construct five (5) low-income units as defined in Health and Safety Code Section 50093. 2. General Provisions. a. Entire Agreement. This Amendment constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes all prior agreements and understandings of the parties with respect to the subject matter hereof. This Amendment may not be modified, amended, supplemented, or otherwise changed, except by a writing executed by both parties hereto. RAHabitat for Humanity\DDA 2ndAmendment.DOC b. Waiver. No failure or delay by any party in the exercise of any right hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such right preclude other or further exercise thereof, or any other right. C. Counterparts. This Amendment may be executed in two or more counterparts and by different parties hereto on separate counterparts, each of which when so executed and delivered shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. d. GoverninQ Law. This Amendment shall be deemed to be a contract made under the laws of the State of California and for all purposes shall be governed by and construed in accordance with the laws of the State of California. e. Attorneys' Fees and Costs. If a dispute arises under or in connection with this Amendment (including, without limitation, the enforcement or interpretation of this Amendment), the prevailing party (as determined by the trier of fact) shall be entitled to recover its reasonable attorneys' fees and costs from the other party. IN WITNESS WHEREOF, the Parties have entered into this agreement as of the day and year first above written. HABITAT FOR HUMANITY INLAND VALLEY, a California non-profit corporation By: Nal REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic Name: Jeff Comerchero Title: Chairperson (Signatures continue.) 11087-0001\743007vl.doc ATTEST: Susan W. Jones, CMC City Clerk, Agency Secretary APPROVED AS TO FORM: Peter M. Thorson, Agency Attorney 11087-0001\743007v 1.doc KEYSER MARSTON ASSOCIATES I N C. ADVl50RN IN: 1660 HOTEL CIRCLE NORTH, SMITE 716 SAN DIEGO, CALIFORNIA 92108 REAL ESTATE PHONE: 619/718-9500 REDEVELOPMENT FAX 619/718-9508 AFFORDABLE HOUSING WWW.KEYSERMARSTON.COM ECONOMIC DEVELOPMENT SAN DI£GO MEMORANDUM Gerald M. Trimble Paal C. Marra To: Mr. John Meyer, AICP, Redevelopment Director LO.S ANGELES Calvin E. Hollis, II City of Temecula Kathleen H. Head James A. Rabe Paul C. Anderson From: KEYSER MARSTON ASSOCIATES, INC. Gregory D. Soo-Hoo SAN FRANCI.SCO Date: December 23, 2003 A. Jerry Keyser Timothy C. Kelly Kate Earle Funk Debbie M. Kern Subject: Habitat for Humanity Inland Valley, Inc. — Review of Robert J. Wetmore Proposed Second Amendment A. Introduction Keyser Marston Associates, Inc. (KMA) has been requested to review the proposed Second Amendment to the Disposition and Development Agreement (DDA) between the Temecula Redevelopment Agency (Agency) and Habitat for Humanity Inland Valley, Inc. (Developer). The proposed Second Amendment modifies the original agreement between the parties dated November 18, 2002. Under the November 2002 DDA, the Developer proposed to build six single-family homes affordable to households at very low-income levels on an approximate 1.07-acre site (Site) at the northwest corner of Pujol Street and First Street within the Pujol neighborhood of Old Town Temecula. Under the proposed Second Amendment, the Developer will build five single- family homes (Project) on the Site affordable to households at low-income levels. In January 2003, KMA previously prepared the re -use analysis and Section 33433 Summary Report based on the terms and conditions set forth in the November 2002 DDA. This supplemental memorandum to KMA's January 2003 reports presents KMA's conclusions based on our review of the updated terms and conditions identified in the Second Amendment, as follows: The estimated value of the compensation to be received by the Commission is negative $157,000. • The estimated re -use value of the interest to be conveyed is negative $610,000. 03192nd6 CELERRANNG 30 YFARS'OFSERKICE 7n OUR C/./EN7S 19545.014,004 To: Mr. John Meyer, AICP, Redevelopment Director December 23, 2003 Subject: Habitat for Humanity Inland Valley, Inc. — Review of Page 2 Proposed Second Amendment B. Transaction Terms The following section summarizes the salient aspects of the business terms contained in the DDA, as modified by the First and Second Amendments: • The Agency will convey to the Developer fee simple title to the Site in an "as -is" condition for a nominal price of $10. The three parcels comprising the Site were purchased by the Agency between 1996 and 1999. The Agency acquired and cleared the Site at a cost of $411, 000. • The Developer will provide the Agency with evidence of sufficient funds, third -party financing, and volunteer labor to complete the Project. • The Agency will pay to the Developer an amount not to exceed $157,000 for the construction and installation of the off -site public improvements, and for the processing of fees and maps. • The Developer will construct five three -bedroom single-family homes that will be made affordable to households at low-income levels. • A covenant will be placed on the homes to restrict the resale of the units to income -eligible buyers based on low-income affordability requirements for a period of 45 years. However, in years 16-45, the seller will receive a sliding scale of the appreciated value based on the following schedule: (1) years 16-25, at 30%; (2) years 26-35, at 60%; and (3) years 36-45, at 90%. Persons and/or families who have resided in the City of Temecula for a continuous period of one year prior to submitting an application for ownership will be given preference in the selection of buyers. Conclusion The Agency will convey the Site to the Developer for a nominal price of $10. The Agency will provide $157,000 in financial assistance to the Project. Therefore, KMA estimates that the effective compensation to the Agency is negative $157,000 (rounded). 09192nen CELEBRATING 30 YE4R.1 OFSERVICE TO OUR CLIEN73 19545.014.004 To: Mr. John Meyer, AICP, Redevelopment Director December 23, 2003 Subject: Habitat for Humanity Inland Valley, Inc. — Review of Page 3 Proposed Second Amendment C. Estimate of Fair Re -use Value KMA has attached an updated pro forma that reflects the current terms and conditions of the anticipated development, absent any contribution of Agency subsidy. Tables 2 to 4 present KMA's residual value analysis for the proposed Project under the Second Amendment. Development Costs The Developer did not submit a financial pro forma for the Project. KMA acknowledges that the Developer typically achieves substantially reduced costs through donations and volunteer labor. Table 2 presents an illustration of KMA's estimate of development costs for the Project. The imputed construction cost estimate for the Project is based on typical industry standards, as described below. Total development costs for the Project, excluding land, are estimated at $1,035,000, or $107 per SF of gross building area (GBA), which equates to approximately $207,000 per dwelling unit. Total development costs consist of the following: Direct construction costs, such as off- and on -site improvements, shell construction, and contingency. The total direct costs are estimated to be $861,000, or $89 per SF GBA. Indirect costs, such as architecture, engineering, public permits and fees, legal and accounting, taxes and insurance, developer fee, marketing, and contingency. These are estimated to be $174,000, or 20.2% of direct costs. • Financing costs. The Developer often receives financial donations and no -interest loans from the private sector. Therefore, KMA has assumed no loan fees or interest during construction. Gross Sales Proceeds Table 3 presents an illustrative calculation of the maximum per -unit sales price as calculated under California Redevelopment Law (CRL). In accordance with State redevelopment law, the maximum per -unit price for a household is based on the appropriate household size for a given unit and specific income thresholds. For purposes of CRL, a three -bedroom unit is assumed to house a four -person household. CELEBRATING 30 Y&4I OF SERVICF TO OUR CLIENTS 03192ndh 19505.014 WO To: Mr. John Meyer, AICP, Redevelopment Director December 23, 2003 Subject: Habitat for Humanity Inland Valley, Inc. — Review of Page 4 Proposed Second Amendment Based on this information and Area Median Income (AMI) figures for the County of Riverside, as determined by the Department of Housing and Urban Development (HUD), the maximum unit sales price for the proposed Project is estimated to be $85,000 per unit (specific inputs and assumptions used in this calculation are shown in Table 3). As a result, sales proceeds for the Project are projected to generate $425,000. Residual Land Value As shown in Table 4, the residual land value of the Site is estimated at negative $610,000, or $122,000 per unit. KMA has assumed no allowance for entrepreneurial profit, inasmuch as the Developer is a non-profit organization. Therefore, the difference between gross sales proceeds of $425,000, and total development costs of $1,035,000 represents the residual land value of negative $610,000. Conclusion Based on the foregoing analysis, KMA concludes that the fair re -use value of the Site, subject to the conditions, covenants, and restrictions imposed by the DDA, as modified by the First and Second Amendments, is negative $610,000, D. Limiting Conditions The estimates of re -use value and fair market value at the highest and best use contained in this memorandum assume compliance with the following assumptions: 1. There are no soil or subsoil problems, including toxic or hazardous conditions, on the Site that need to be remediated in order to develop the Site. 2. The ultimate development will not vary significantly from that assumed in this Re -Use Analysis. 3. The title of the property is good and marketable; no title search has been made, nor have we attempted to determine the ownership of the property. The value estimates are given without regard to any questions of title, boundaries, encumbrances, liens or encroachments. It is assumed that all assessments, if any, are paid. 4. The Site will be in conformance with the applicable zoning and building ordinances. 5. Information provided by such local sources as governmental agencies, financial institutions, realtors, buyers, sellers, and others was considered in light of its source, and checked by secondary means. CELEBRATING 30 YFARS OF SF.RvlcF. TO OUR CLIENTS 03192ndh 19545014,004 To: Mr. John Meyer, AICP, Redevelopment Director December 23, 2003 Subject: Habitat for Humanity Inland Valley, Inc. — Review of Page 5 Proposed Second Amendment 6. Neither the local nor national economy will experience a major recession. If an unforeseen change occurs in the economy, the conclusions contained herein may no longer be valid. 7. The Project will adhere to the schedule of performance described in the DDA. 8. Both parties are well informed and well advised and each is acting prudently in what he/she considers his/her own best interest. attachments CELEBRATING 30 YEARS OF SERVICETO OUR CLIENTS 03192ndh 195A5.014.00C TABLE 1 PROJECT DESCRIPTION HABITAT FOR HUMANITY CITY OF TEMECULA I. Site Area 1.07 Acres 46,609 SF II. Gross Building Area Residential Area 9,680 SF 100% Common Areas 0 SF 0% Total Gross Building Area 9,680 SF 100% III. Number of Units 5 Units IV. Average Unit Size 1,936 SF V. Density 4.7 Units/Acre VI. Parking Total Parking - 2-car attached garage 10 Spaces Parking Ratio 2.0 Spaces/Unit Prepared by: Keyser Marston Associates, Inc. Filename: i:Temecula\Habitat for Humanity\HH Reuse Tables - Second Amendment;i 212312003;11:01 AM;wcl TABLE 2 DEVELOPMENT COSTS HABITAT FOR HUMANITY CITY OF TEMECULA Development Costs I. Direct Costs Off -Site Costs On -Site Costs/Landscaping Parking Shell Construction Contingency Subtotal Direct Costs II. Indirect Costs Architecture & Engineering Permits & Fees (1) Legal & Accounting Taxes & Insurance Developer Fee Marketing/Sales Contingency Subtotal Indirect Costs III. Financing Costs (2) Loan Fees Interest During Construction Subtotal Financing Costs IV. Total Development Costs Or Say (Rounded) Totals Per Unit Comments $150,000 $30,000 $3 Per SF of Site Area $186,000 $37,200 $4 Per SF of Site Area $0 $0 Included in Shell $484,000 $96,800 $50 Per SF GBA - Residential 41 000 $8,200 5.0% of Above Directs $861,000 $172,200 $89 Per SF GBA $34,000 $6,800 4.0% of Directs $82,000 $16,400 $8 Per SF GBA $13,000 $2,600 1.5% of Directs $13,000 $2,600 1.5% of Directs $24,000 $4,800 Allowance $2,500 $500 Allowance 5 00 $1,000 3.0% of Above Indirects $173,500 $34,700 20.2% of Directs $0 $0 0.0% of Directs LO LO 0.0% of Directs $0 $0 0.0% of Directs $1,034,500 $206,900 $107 Per SF GBA $1,035,000 (1) Estimate. Based on $15,000 per unit, plus $7,000 for the processing of fees and maps. (2) Developer assumed to receive financial donations and no interest loans for project. Prepared by: Keyser Marston Associates, Inc. Filename: !:Temecula\Habitat for Humanity\HH Reuse Tables - Second Amendment; 12/2312003; 11:01 AM;wcl TABLE 3 MAXIMUM SALES PRICE AND ESTIMATED SALES PROCEEDS HABITAT FOR HUMANITY CITY OF TEMECULA Low -Income I. Unit Sales Price Number of Bedrooms Family Size (1) Household Income @ 70% AMI $35,700 Income Allocation to Housing 30.0% Amount Available for Housing $10,710 Annual Insurance/Utilities (2) $2,100 Tax Rate 1.00% Annual Taxes (2) $2,300 Available for Mortgage $6,310 Interest Rate 6.5% Down Payment 5.0% Closing Costs 2.5% Supportable Mortgage $83,193 Add: Down Payment $4,300 (Less) Closing Costs 2 100 Maximum Unit Price Rounded $85,000 11. Gross Sales Procceds Number of Units Gross Sales Proceeds $42900 (1) As assigned by California Community Redevelopment Law. (2) Based on market value. Prepared by: Keyser Marston Associates, Inc. Filename: i:Temecula\Habitat for Humanity\HH Reuse Tables - Second Amendment;12/2312003; 11:01 AM;wcl TABLE 4 RESIDUAL LAND VALUE HABITAT FOR HUMANITY CITY OF TEMECULA Residual Land Value I. Gross Sales Proceeds (Less) Developer Profit (1) Supportable Investment (Less) Total Development Costs II. Residual Land Value Per Unit 0.0% of Value $425,000 $425,000 ($1,035.000) ($610,000) ($122,000) (1) KMA has not assumed an entrepreneurial profit, inasmuch as the Developer is a non-profit organization. Prepared by: Keyser Marston Associates, Inc. Filename: i:Temecula\Habital for Humanity\HH Reuse Tables - Second Amendment; 12/2312003; 11:01 AM;wcl ITEM 23 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER r CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: January 13, 2004 SUBJECT: Selection of City Council Committee Assignments PREPARED BY: Cheryl Domenoe, Administrative Secretary RECOMMENDATION: Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees: Commission Liaison (One Member) Community Services Commission Old Town Local Review Board Old Town Redevelopment Advisory Committee Planning Commission Public/Traffic Safety Commission 2. Appoint two members of the City Council to serve on each of the following Advisory Committees: Advisory Committees (Two Members) Community Service Funding Ad Hoc Committee Economic Development/Old Town Steering Committee Finance Committee Joint City Council/TVUSD Committee Library Task Force Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory Committee Public Works/Facilities Committee Agenda Reports/Committee Assignments 2004 3. Appoint member(s) of the City Council to serve on each of the following external committees: Representative Assignments (External Organizations) County General Plan Update Committee— RCIP (attend meetings) French Valley Airport Committee League of Calif. Congress — 2004 Voting Delegates Murrieta Creek Advisory Board National League of Cities Annual Congress - 2004 Voting Delegate Pechanga Tribal Council Liaison Riverside County Habitat Conservation Agency (This Committee changed to advisory only.) Riverside County Transportation Commission Riverside Transit Agency Representative Temecula Sister City Corporation Board of Directors Trails Master Plan Development Committee WRCOG/RCA Representative 4. Appoint member(s) of the City Council to serve on each of the following Council Subcommittees: Council Subcommittees Cable Franchise Renewal Committee Campus Project Ad Hoc Council Subcommittee Children's Museum Ad Hoc Subcommittee Electrical Needs Ad Hoc Subcommittee Open Space Subcommittee SAF-T NET Subcommittee Telecommunications Subcommittee Temecula/Murrieta Subcommittee Veteran's War Memorial Villages of Old Town Ad Hoc Committee Wall of Honor Ad Hoc Subcommittee Zone Committee (relating to TUMF Program for WRCOG) 5. Review the current members of the General Plan Community Advisory Committee and appointment new members as appropriate: General Plan Community Advisory Committee 1 Planning Commissioner - David Matthewson 1 Public Traffic Safety Commissioner - Darrell Connerton 1 Community Services Commissioner - Jim Meyler 5 City Residents - Mark Broderick, Michelle Anderson, Paul Jacobs, Greg Morrison, Bob Ritchie 1 Representative of the Chamber of Commerce — Chuck Washington 1 Representative of the EDC — Gary Youmans 1 Representative of a local environmental or community organization — Bob Wheeler The 5 City residents represent one appointment from each Councilmember. With the election of Chuck Washington to the City Council and the resignation of Bob Ritchie from the Advisory Committee, these members may need to change. Also due to the election of Chuck Washington to the City Council, the Chamber of Commerce may need to appoint another representative. Agenda Reports/Committee Assignments 2004 BACKGROUND: The City Council has established the policy of appointing one of its members to serve as liaison to each of the City commissions and committees. This policy also included appointing councilmembers to serve as the Council's representatives to external organizations and on a number of Council ad -hoc sub -committees. These members will serve through calendar year 2004. There has been a change in organization of the Riverside County Habitat Conservation Agency Committee. Since this is now purely advisory and acts under the direction of WRCOG, it is suggested that Principal Planner Steve Brown be appointed to this committee. Attached for your convenience is a list of the Committee Assignments for 2003. ATTACHMENTS: 2003 Committee Assignments List Agenda Reports/Committee Assignments 2004 TEMECULA CITY COUNCIL 2003 Committee Assignments Commission Liaison (One Member) Community Services Commission Old Town Local Review Board Old Town Redevelopment Advisory Committee Planning Commission Public/Traffic Safety Commission Advisory Committees (Two Members) Community Service Funding Ad Hoc Committee Economic Development/Old Town Steering Committee Finance Committee * Joint City Council/TVUSD Committee Library Task Force Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory Committee Public Works/Facilities Committee * These meetings must be noticed at least 72 hours in advance. Representative Assignments (External Organizations) County General Plan Update Committee — RCIP (attend meetings) French Valley Airport Committee League of Calif Congress - Voting Delegates Multi -Species Habitat Conservation Plan Committee (attend meetings) Murrieta Creek Advisory Board National League of Cities Annual Congress - Voting Delegate Pechanga Tribal Council Liaison Riverside County Habitat Conservation Agency Riverside County Transportation Commission Riverside Transit Agency Representative Temecula Sister City Corporation Board of Directors Trails Master Plan Development Committee W RCOG Representative Comerchero Pratt Roberts Naggar Stone Stone, Naggar Roberts, Comerchero Stone, Naggar Naggar, Roberts Stone, Roberts Comerchero, Pratt Roberts, Stone Naggar Pratt Stone, (Alternate Naggar) Naggar Pratt Stone, (Alternate Naggar) Roberts (Alternate Stone) Pratt Roberts, (Aftemate Comerchero) Comerchero Stone Naggar Comerchero, (Alternate Roberts) Lists\City Council Committee Assignments for 2003 Council Subcommittees Cable Franchise Renewal Committee Campus Project Ad Hoc Council Subcommittee Children's Museum Ad Hoc Subcommittee Electrical Needs Ad Hoc Subcommittee Open Space Subcommittee SAF-T NET Subcommittee (also Connerton) Telecommunications Subcommittee Temecula/Murrieta Subcommittee Veteran's War Memorial Villages of Old Town Ad Hoc Committee Wall of Honor Ad Hoc Subcommittee Zone Committee (relating to TUMF Program for W RCOG) General Plan Community Advisory Committee Comerchero Naggar, Washington Comerchero Naggar Naggar, Stone Stone Roberts, Stone Roberts, Comerchero Stone, Comerchero Roberts, Naggar Stone, Comerchero Roberts (alternate Naggar) 1 Planning Commissioner - David Matthewson 1 Public Traffic Safety Commissioner - Darrell Connerton 1 Community Services Commissioner - Jim Meyler 5 City Residents - Mark Broderick, Michelle Anderson, Paul Jacobs, Greg Morrison, Bob Ritchie 1 Representative of the Chamber of Commerce — Chuck Washington 1 Representative of the EDC — Gary Youmans 1 Representative of a local environmental or community organization — Bob Wheeler Lists\City Council Committee Assignments for 2003 ITEM 24 APPROVAL CITY ATTORNEY DIRECTOR OF FINE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Shawn Nelson, City Manager DATE: January 13, 2004 SUBJECT: Consolidation of City Council Elections in November of Even -Numbered Years PREPARED BY6wh Susan W. Jones, City Clerk RECOMMENDATION: Consider adoption of an ordinance to change the date for holding City Council Elections to November of even -numbered years and if desired, read by title only and introduce an ordinance entitled: ORDINANCE NO. 04-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUIRING THAT THE GENERAL MUNICIPAL ELECTIONS OF THE CITY OF TEMECULA BE HELD ON THE FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER IN EACH EVEN -NUMBERED YEAR BACKGROUND: In March of 1994, at the request of the Riverside County Registrar of Voters, the City of Temecula changed its regularly scheduled elections to odd -numbered years. At the time, the major advantage cited by the Registrar's office, was the realization of cost savings in the range of 20% to 55% to participating cities. Since not all of the cities agreed to make this change, and due to otherfactors affecting cost, these savings were not realized. As a result, there have been some interest in changing the elections back to the even numbered years to coincide with regularly scheduled Presidential and Congressional Elections. With other items on the ballot, it is anticipated that %oter participation would be higher. Should the City Council desire to make a change, we would anticipate extending the terms of all existing City Councilmembers by one year. The terms of Mayor Pro Tem Comerchero and Councilmembers Roberts and Stone would be extended to November of 2006. The terms of Mayor Naggar and Councilmember Washington would be extended to November of 2008. This action would be contingent upon approval by the Board of Supervisors of the County of Riverside. Agenda Reports — Election to Even Numbered Years FISCAL IMPACT: None Agenda Reports — Election to Even Numbered Years ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.08 OF THE MUNICIPAL CODE REQUIRING THAT THE GENERAL MUNICIPAL ELECTIONS OF THE CITY OF TEMECULA BE HELD ON THE FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER IN EACH EVEN -NUMBERED YEAR THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1 - Findings: The City Council of the City of Temecula finds as follows: A. Pursuant to the terms of Elections Code Section 10403.5, cities are authorized to change the date of general municipal elections to coincide with the elections date of the statewide direct primary, the statewide general election or the date of school district elections; B. The City Council finds that its goals of encouraging maximum voter turn -out and minimizing costs will be promoted by changing the general municipal election date of the City from the first Tuesday, after the first Monday of November in each odd -numbered year to the first Tuesday, after the first Monday of November in each even -numbered year. C. If approved by the Riverside County Board of Supervisors, this change will not have the effect of extending any term of office by more than twelve months. Section 2 - Change in General Municipal Election Date: Section 2.08.010 of the Temecula Municipal Code is hereby amended to read as follows: "2.08.010 When held Commencing with the general municipal elections to occur during 2006, general municipal elections of the City of Temecula shall be held on the first Tuesday after the first Monday of November in each even -numbered year." Section 3 -Extension of Terms of Office: Section 2.08.020 of the Temecula Municipal Code is hereby amended to read as follows: "2.08.020 Extension of terns A. Pursuant to Elections Code Section 10403.5, those councilmembers of the City of Temecula whose terms of office would have, prior to the adoption of this Ordinance, expired following the November, 2005, general election shall, instead, continue in office until no later than the fourth Tuesday after the date of the November, 2006, general municipal election of the City of Temecula." B. Those councilmembers of the City of Temecula whose terms of office would have, prior to the adoption of this Ordinance, expired following the November, 2007 general election shall, instead, continue in office until no later than the fourth Tuesday after the date of the November, 2008, general municipal election of the City of Temecula. Section 4 -Effective Date: This Ordinance shall become operative 30 days from the date of its adoption and upon approved by the Board of Supervisors of the County of Riverside. Agenda Reports — Election to Even Numbered Years Section 5 - The City Clerk is hereby directed to: A. Certify to the adoption of this Ordinance and cause the same to be published as required by law; B. Transmit a copy of this Ordinance to the Clerk of the Board of Supervisors of the County of Riverside, togetherwith the request that said Board approve this Ordinance and provide the City with notice of such approval; and C. Within thirty (30) days after approval of this Ordinance by the Board of Supervisors of the County of Riverside, cause a notice to be mailed to all registered voters in the City of Temecula informing them of the change in the general municipal election date and councilmembers terms affected by this Ordinance, which notice shall be in accord with the requirements specified in California Government Code Section 36503.5(e). PASSED, APPROVED AND ADOPTED, this _ day of , 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, 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 the foregoing Ordinance No. 04- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day of January, 2004, 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 27th day of January, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, City Clerk !` Agenda Reports —Election to Even Numbered Years 4 {! REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank ou. Date lLf — / I wish to speak on Agenda Item No. For Against , , Name: Address: Phone: r City/State/Zip .F26 / If you are representing an organization or group, please give the name: The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date For Subject: I wish to speak on Agenda Item No. Against 79S - CAMAAFlJA) - Algcliire-'Tu2frL //0i Czm� r'L /7ZZ—c� Name: �'7 (!�'oAG;E tVLEo Address: - City/State/Zip Z Phone: -?(^ . If you are representing an organization or group, please give the name: The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA A er completing, please return to the City Clerk. Thank You. Date I wish to speak on Agenda Item No. For Against Subject: l9 JIV Name: A or =k' wreb Address: Gr%Owb cwo If you are representing an organization or group, please give the name: The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date -]A 4t q For Subject: I wish to speak on Agenda Item No. 4 rJAFtn Name: nARoll S F, sAKBNC'U\ Against Address: � City/State/Zip �C ✓h N �In C� ci a 5 Phone: % If you are representing an organization or group, please give the name: 6r;4 O P c s C �y The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date For Subject: Name: 'Pam QOwia- I wish to speak on Agenda Item No. Against City/State/Zip �e Phone: -� If you are representing an organization or group, please give the name: a - The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date i I wish to speak on Agenda Item No. For Against - Subject:40 , jw Name: Address: City/State/Zip Phone: / If you are representing an organization or group, please give the name: The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date 1 M— a L - I wish to speak on Agenda Item No. I 4 For Against _X Subject: CONSeN-r CKL'- -ALtDA:f�z_ RE-<,,ni-uilo,,4 No. o 4—No QAOkavc. ZoN r- Name: N ft+ < A a(il A_/ Address: ? City/State/Zip M 0 221L-SNN- Phone: If you are representing an organization or group, please give the name: WL::�bTSIQF 2ys,Ih6;S Ctzy-,,Ta, �,�.�• The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date %9 An r For Subject: �C EC=i /e.tJ 5 I wish to speak on Agenda Item No. 2 / / Name: �57—nzff c— T" / 2 teO Against x Address: City/State/Zip Phone: If you are representing an organization or group, please give the name: The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA ` 2 After completing, please return to the City Clerk. Thank You. Date 1 J For Subject: J(7� t DU It, I wish to speak on Agenda Item No. Against L/ Vecr;Or < Ct Name: S' ` \7 r^CobS Address: City/State/Zip Phone: If you are representing an organization or group, please give the name: The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA fter completing, please return to the City Clerk. Thank You. Date I wish to speak on Agenda Item No. <L For Against_ Subject: Address: City/State/Zip ,W fZ� If you are representing an organization or group, please give the name: The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA /_ After completing, please return to the City Clerk. Thank You. Date I wish to speak on Agenda Item No. For Against Name: Address: City/State/Zip If you are representing an organization or group, please give the name: The Mayor or presiding officer will call yout name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date I wish to speak on Agenda Item No. a ` For Against Subject: CoN�oU�i9�7o� oL C•C i"ZCc�oNS iy ,Up{/. p� Name:+2/S� City/State/Zip '7' �Ccuc%{ cZ Phone: � If you are representing an organization or group, please give the name: The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date j -/ 1 3 �J 4 I wish to speak on Agenda Item No. For Against Cn}iinrf• Name: ta � I v t, k I o Address: Phone: r City/State/Zip If you are representing an organization or group, please give the name: The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date ` — I wish to speak on Agenda Item No. For �/ Against Subject: Name: 77 077W Address: � /State/Zip 92�� 2-- If you are representing an organization or group, please give the name: i The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. DOCUMENTS SUBMITTED FOR THE RECORD f a.,v, (9►"44AdQ - r-r VY17-74t/O 5 - Ou 1113 /0 H,s4P"F4 THE THREE TEMECULAS The first people of the original village called Temecula (meaning "place of the sun") were Native Americans. They were given the name, Luisenos, by the Spanish padres who recruited them to raise grain for Mission San Luis Rey. The main Indian village was located not far from Old Town. In order to farm successfully using irrigation, the center of village life moved nearer the mission planting fields and the home of Pablo Apis, a respected Indian leader. This settlement was located near the Redhawk Bridge, on the south side of the creek and across from where the historic Vail Ranch eventually was built. Through this area, a path called "the Southern Emigrant Trail" led gold seekers and eager homesteaders on their way through the valley. The trail became a road, widened by the passage of wagons belonging to the Mormon Battalion, a group recruited by the government to fight in the Mexican/American war. Later, the first of many Butterfield stagecoaches rumbled into Temecula and stopped at a store in this village. Later, another business called the Wolf Store was built across Temecula Creek. Around 1904, Walter Vail built his ranch near that store. The third Temecula (Old Town) was born with the arrival of the California Southern Railroad in 1882. Off and on from 1882 into the 1930's, the railroad line stretched as far as San Diego to San Francisco, at various times transporting Temecula granite from local quarries or cattle from the vast empire of the Vail family. Many of the buildings on Main Street were built during those years. W,6- Z,+o- HISTORICAL PLAQUES 1. THE MERCANTILE- Built in the early 1890's from fired Temecula bricks. First owner, Philip Pohlman, sold the general store in 1902 to George A. Burnham who ran it until 1953. The building has also held an auto repair shop , and much later, an antique business. 2. THE TEMECULA HOTEL -The second of two hotels built on this site by R.J. and Mary Jane Welty. Erected in 1891, the hotel was owned and operated by the Welty family for over 30 years. Later, owner Grace LeClare operated it as both an apartment house and hotel. It has been a private residence since 1960 when it was purchased by local historian Horace Parker and his wife Leveme. NOT OPEN TO THE PUBLIC. 3. THE BANK- Located on the former site of Hugh McConville's livery stable. This cement building was open for business by June 10, 1914. Builder was Eli Barnett. (Notice the original hitching posts and granite curbing.) In 1943 the bank closed its doors and the building has served in other capacities ever since. 4. THE MACHADO STORE-28656 Front Street (no plaque) The most second of two stores on this site, both run by Macedonia Machado. The first store, which was destroyed by fire, was one of the earliest businesses in Old Town. The present building was built in 1909 by Machado, a reputable businessman, who originally partnered with Louis Wolf. This brick building has served through the years as a store, a saloon, and a church'. (Former names: "The Mission Store" and "The Longbranch Saloon.") 5. THE WELTY BUILDING -Built by R.J.Welty in the 1890's and used as a store with rooms for rent upstairs. Eventually, Joe Winkels leased it and opened his "blind pig saloon." In 1908 Winkels bought it and opened his hotel, " The Ramona Inn." It has also been known as "The Stallion," (saloon) and later as "The Corner" (a sandwich shop). 6. THE PUJOL SCHOOL HOUSE- Opened in 1889. Originally located where the museum stands today, the building was moved twice, once to 41935 4"' St. and again in 1986 to 29825 Santiago Rd. Although it was not the first school in Temecula, it served as the first school actually built in Old Town. It's now owned by Temecula Community Church. 7. THE PALOMAR HOTEL -Built around 1927. Opened for business in 1928 as the Hotel McCulloch after owner Lena McCulloch. Later names included: "Hotel Palomar" and the "Palomar Inn". The hotel has provided the setting for a movie as well as endured historic floods. Currently operating as a hotel. 8. THE AL AND FREDA KNOTT HOUSE- Al and Freda Knott moved into this house in 1913, raised a family, and lived here until 1968. Al owned the blacksmith/garage next door (razed). Freda was the Sunday School teacher in the old Pujol School, commonly known in the valley as Mrs. Knott's Church. 9. ST. CATHERINE'S OF ALEXANDRIA'S CATHOLIC CHURCH- Built in 1917 as the first church building in Temecula. Builder- R.J.Smith. A large barbeque fundraiser was held on the Pauba Ranch in 1917 to pay for the building. Moved to the present location and donated to the Temecula Valley Museum to be used for weddings and memorial services. 10. THE FRIEDEMANN MEAT MARKET -Built sometime between 1902-1905 with Herman Vogel and Charles North as the first owners. Later sold to Bill and George Friedemann, the building was kept in the Friedemann family for nearly half a century. Bill Friedemann also owned and ran a slaughterhouse near Pujol Street. 11. THE CHAMPION BUILDING- Built in 1928 by Allen Champion. At different times it contained a barbershop, a variety store, a bank, and a restaurant. In the 50's and 60's it was called the Rite Spot Cafe. The Post Office was located here for many years, until 1981 when the current Old Town Post Office opened. 12.ORIGINAL SITE OF OLD TOWN'S FIRST HOTEL -Named the Temecula Hotel, it was built around 1885. The first proprietor (1887-1898) was Peter Mouren. From 1898-1907, owner, Louis Escallier ran the hotel, along with a saloon and pool hall. It was torn down in 1928. 13.ORIGINAL SITE OF KNOTT'S GARAGE -Built around 1912 with terracotta bricks by Al Knott, who started a blacksmith shop here. In 1918 the original shop was moved to the back of the property and Knott built an auto repair shop facing Front Street. Knott sold the business in 1968. 14. ORIGINAL SITE OF HALL'S CAFE -Opened in 1915 by Mrs. Lizzie Hall, who was both proprietor and chef until the 1930's. Daughter, Edna Swanguen, ran the cafd when her mother retired and served as the only local telephone operator from 1918-1961. The switchboard was located in the rear of the cW, where Edna lived with her husband, Carl. HISTORICAL RESIDENCES A. THE BURNHAM HOUSE-28653 Pujol Street -This private residence contains the original Wildomar Hotel built in the 1880's and moved to this location in the 1890's by G.A. Burnham, second owner of the brick mercantile store on Main Street. B. THE AL OTTO HOUSE-28717 Pujol Street- This private home was built around 1880 by Ervin Gentry. It was moved twice; once by mule train from Murrieta and later from a lot north of the Main Street intersection. Long time owner, Al Otto, was a custodian and bus driver at the grammar school. The house is still owned by a family member. C. ALEC ESCALLIER HOUSE-42251 6"i Street -This Spanish Revival style home was built around 1928 by Alec Escallier, a local merchant and businessman. D. THE McCONVILLE HOUSE-28585 Pujol Street- Built around 1890 by owner Hugh McConville, a pioneer blacksmith and livery stable owner. Also on the property from the same period are a wood -framed barn, and a partial tank house. The other buildings toward the front of the property were built after 1960. E. ESCALLIER HOUSE-41852 Main Street -Built around 1927-28 by Alec Escallier. French immigrants, Pete Escallier and his brother Jacques, lived in this house. They ran Temecula's main pool and billiards parlor. Also on the property is an old barn where the brothers stored wine during prohibition days. F. THE FRIEDEMANN HOUSE- Built around 1922 by Bill Friedemann. He and his family had lived over their butcher shop in town before building this house. Recently remodeled and sold to a new owner. PLEASE NOTE: ALL HOUSES ARE PRIVATE RESIDENCES. DO NOT DISTURB. OTHER PLAQUES: OLD TOWN -A large plaque will be installed near the children's museum on Main Street commemorating the founding of Old Town with the arrival of a railroad route that for several years stretched from San Diego to San Francisco. It served the granite quarry business in Temecula in the late 1800's and later provided shipment for the vast cattle industry of the Vail Ranch. Both the California Southern and the Santa Fe Railroads played a part in the railroad history of Temecula that dated into the 1930's. TEMECULA CREEK GOLF COURSE STONEHOUSE-This granite rock house was built around 1890 as a bunkhouse for Temecula granite quarry workers. Later it served as a residence. In the late 1950's a local attraction known as "Bible Land" was built and maintained across the small creek by the sand sculptor - artist, Ted Conibear, who lived with his wife in the stonehouse. Isd PLAQUE DONORS The City of Temecula Temecula Valley Woman's Club Temecula Valley Historical Society Eve Craig Margaret Allen Pam Grender