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TEMECULA CITY COUNCIL
A REGUL4R MEETING
TEMECULA TEMPORARY COMMUNITY CENTER- 27475 COMMERCE CENTER DRIVE
JANUARY29, 1991 - 7:00 PM
Next in Order:
Ordinance: No. 90-05
Resolution: No. 90-14
CALL TO ORDER:
Invocation
Pastor Sean Oliver, Rancho Christian Church
Flag Salute
Councilmember Muf~oz
RO£L CALL:
Birdsall, Lindemans, Moore, Mufioz, Parks
PRESENTATIONS/
.PROCLAMATIONS
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Council
on items that are not listed on the Agenda. Speakers are limited to two (2) minutes
eac;t. If you desire to speak to the Council about an item not listed on the Agenda,
a pink 'Request To Speak' form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state vo,,r name and address.
For all other agenda items a 'Request To Speak' form must be filed with the City Clerk
befor~ the Council gets to that item. There is a five (5) minute time limit for individual
speakers.
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.
2/eoende/O 12lB 1 I 01/24/91
CONSENT CALENDAR
Standard Ordinance Adoorion Procedure
RECOMMENDATION
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
2
Minutes
RECOMMENDATION:
2.1 Approve the minutes of January 15, 1991 as mailed.
3
Second Reading of Ordinance Amending Portions of Ordinance 90-04 !;)ertaining to
Develo;)ment Standards in I-P (Industrial Park) Zone
RECOMMENDATION:
3.1 Read by title only and adopt an Ordinance entitled:
ORDINANCE NO. 90-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO
DEVELOPMENT STANDARDS IN THE I-P ZONE (INDUSTRIAL PARK)
4
Second Reading of Ordinance ADorovina Chanae of Zone No. 7 to Increase the
Maximum HeiQht Permitted for Buildings in the I-P Zone to !05 Feet
RECOMMENDATION:
4.1
Read by title only and adopt an Ordinance entitled:
ORDINANCE NO. 91-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING CHANGE OF ZONE NO. 7 TO AMEND ORDINANCE NO. 348,
SECTION 10.4(b), TO INCREASE THE MAXIMUM HEIGHT PERMITTED FOR
BUILDINGS AND/OR STRUCTURES, WITHIN THE I-P (INDUSTRIAL PARK)
ZONE, TO 105 FEET
2881 2 01/24/91
PUBLIC HEARINGS
Revised Vestina Tentative Tract P3143. Chanpe of Zone No. 5535
Continued from the meeting of January 22, 1991
RECOMMENDATION:
5.1 Approve the addendum to the Environmental Impact Report for Vesting
Tentative Tract 23143 and Zone Change No. 5535.
5.2 Adopt a resolution approving the revised Vesting Tentative Tract Map
No. 23143 and Zone Change No. 5535.
5.3 Introduce and read by title only an ordinance approving the Change of
Zone No. 5535.
COUNCIL BUSINESS
6
Vendor Selection and Improvement and Vacatinn Budnets for City Hall
RECOMMENDATION:
6.1 Authorize the City Manager to contract with the approved vendors and
administer the following budgets in connection with the improvements
in the new City Hall and vacating portions of old City Hall space.
7
Communitv Service Fundina Reauests
(Continued from the meeting of January 8, 1991)
RECOMMENDATION:
7.1 Review the criteria for evaluatin~l funding applications and advise staff
of any recommended changes.
7.2 Approve additional funding for Temecula Playhouse in an amount to be
specified by the Council.
7.3 Approve a loan of $10,000 to the Boys and Girls Club of Temecula for
the purpose of providing a facility for youth activities.
7.4 Approve an appropriation of $50,000 for Economic Development to be
administered by the City Manager.
$ 01124~1
8
9
City Clerk Reclassification
RECOMMENDATION:
8.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 91-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION 2.08.061(1~), ADDING SECTION 2.08.061, AND
AMENDINO SECTION 2.10.020 OF THE TEMECULA MUNICIPAL CODE
RELA TINO TO THE APPOINTMENT OF THE CITY CLERK
8.2 Adopt a resolution entitled:
RESO£UTION NO. 91-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
PRO VIDING FOR THE ESTABLISHMENT OF PERSONNEL POLICIES
8.3
Approve reclassification of Deputy City Clerk to City Clerk
Modifications to Public Safety Department Budget
RECOMMENDATIONS:
9.1 Approve the following increases in Police Staff:
· Two Traffic Officers 3/01/91
· One K-9 Officer 3/01/91
· One Community Service Officer 2/01/91
9.2 Approve the purchase of two fully equipped Police motorcycles.
9.3 Approve the purchase of a sided tandem axle trailer.
9.4 Approve reclassification of two Office Assistant II to Office Assistant III
positions.
10
Issues of Water Conservation. Detention/Retention and Flood Control
Placed on the agenda at the request of Councilmember J. Sal Mufioz
Oral presentation by Councilmember Mufioz
21egendM) 12981 4 01124/el
11
Consideration of Bus Shelters - Temecula Vallev Transoortation Co.
RECOMMENDATION:
11.1 Refer the bus shelter issue to a combined meeting of the Planning
Commission and the Traffic Commission.
12
Community Facilities District 88-12 (Ynez Corridor) Sales Tax A,reement
RECOMMENDATION:
12.1
Approve the agreement entitled "Agreement Regarding Sales Tax
Revenues as to Businesses Located Within the Boundaries of
Community Facilities District No. 88-12 (Ynez Corridor) of the County
of Riverside, State of California", in substantially the forms attached
hereto with such changes and modifications as approved by the City
Manager and the City Attorney; and authorize the execution and
attestation of such agreements in their final forms by the Mayor and
City Clerk.
13
Community Facilities District No. 88-12 (Ynez Corridor) - Aooroval of Three Joint
Financing Agreements
RECOMMENDATION:
13.1
.Approve the Joint Financing Agreement by and between the City and
CFD No. 8-12.
13.2
Approve the Joint Financing Agreement by and among the City, CFD
No. 88-12, Eastern Municipal Water District and Tomond Property.
13.3
Approve the Joint Financing Agreement by and between the City of
Temecula and Tomond Property.
13.4
Approve all three agreements in substantially the forms attached hereto
with such changes and modifications as approved by the City Manager
and the City Attorney; and authorize the execution and attestation of
such agreements in their final forms by the Mayor and City Clerk.
211gendl/O 12881 6 01/24/91
CITY MANA OER REPORT
CITY A TTORNEY REPORT
CITY COUNCIL REPORTS
ADJOURNMENT
Next regular meeting: February 5, 1991, 7:00 PM, Temporary Temecula Community
Center, 27475 Commerce Center Drive, Temecula, California
2/~gende/O12ee1 e 01124/el
ITEM NO. 1
ITEM NO. 2
MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD JANUARY 15, 1991
An executive.session of the Temecula City Council was called to order at 6:35 PM at
the Temporary Temecula Community Center, 27475 Commerce Center Drive,
Temecula, California. Mayor Ron Parks presiding.
PRESENT 5
COUNCILMEMBERS:
Birdsall, Lindemans,
Moore, Mu~oz, Parks
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and
Deputy City Clerk June S. Greek.
City Attorney Scott Field announced that the purpose of this closed session was to
consider pending litigation pursuant to Government Code Section 54956.9(c). The
executive session was adjourned at 6:59 PM.
IN VO CA TION
The invocation was given by Pastor Roger Sowder, Oak Springs Presbyterian Church.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Councilmember Lindemans.
PRESENTATIONS/
PROCLAMATIONS
None given.
PUBLIC COMMENTS
None given.
Hi nutes\01\15\91 -1 - 01/18/91
City Council Meeting January 15, 1991
CONSENT CALENDAR
City Manager Dixon stated there was a request to speak on Item No. 6. Doug
Stewart requested that Item No. 7 be removed from the Consent Calendar. Hearing
no objections from other Councilmembers, Mayor Parks removed Items No. 6 and 7
for separate consideration. Councilmember Linderoans removed Item No. 2 from the
Consent Calendar. Councilmember Moore removed Item No. 5 from the Consent
Calendar.
It was moved by Councilmember Birdsall, seconded by Councilmember Moore to
approve Consent Calendar Items 1, 3, 4 and 8.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore,
Mu~oz, Parks
NOES:
ABSENT:
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
J
Standard Ordinance Adoption Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
City Treasurer's Report for the Month Ending November 30. 1990
3.1 Receive and file report.
CFD 88-12 - Notice of Exemption from California Environmental Quality Act for
Park L and Acquisition
4.1 Direct the City Clerk to file the attached Notice of Exemption with the
Riverside County Clerk.
Hinutes\01\15\~1 -2- 01/18/~1
City Council Meeting
8.
January 15, 1991
Reconsideration of Acceptance of Public Improvements - Parcel Map No. 23354
8.1 Reconsider the acceptance of Public Improvements and the reduction in
Letters of Credit previously approved for Parcel Map No. 23354.
8.2 Direct the city Clerk to so advise the Clerk of the Board of Supervisors
of the City Council's action.
Statement of Revenues and Expenditures for the Month Ending November 30,
1990
Councilmember Lindemans stated he did not have a problem with this item, but
would like to suggest a different format.
e
It was moved by Councilmember Lindemans, seconded by Councilmember
Moore to receive and file report with the instruction to staff to return with a
report addressing the changes suggested by Councilmember Lindemans.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Sam Hicks Park- Agreement with County to Fund Street and Parking Lot
Improvements with Community Development Block Grant Funds
Councilmember Moore stated she did not have a problem with this item but
stated that "Sam Hicks Monument Park" is the name of this park and all
documents should be changed to reflect this correction.
It was moved by Councilmember Moore, seconded by Councilmember
Linderoans to authorize the Mayor to execute the attached agreement and
directed staff to insure all documents contain the correct name of the park, i.e.
Sam Hicks Monument Park.
Hinutes\01\15\91 -3- 01/18/91
City Council Meeting
The motion was carried by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
Birdsall,
Mu~oz, Parks
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
January 15, 1991
Lindemans, Moore,
Household Hazardous Waste Disposal Site
Vern Jensen, Counsel for Inland Disposal, 650 Town Center Drive, Costa Mesa,
stated he is in favor of this item but would like to clarify that this facility will
not be a household hazardous waste recovery facility or a compost facility.
Joe Hreha stated the final plans for this site have not been received, however
there will be a small storage area for use by the mobile unit. He reported
cornposting would be done off-site.
Mayor Parks asked what the maximum amount the Council could be spending
on this issue. City Manager answered a maximum of $25,000 would be
allocated.
It was moved by Councilmember Moore, seconded by Councilmember Mu5oz
to authorize the City Manager to send a letter to the County of Riverside
offering to fund a Household Hazardous Waste facility and support a compost
area located with the planned Murrieta Material Recovery Facility.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Nfnutes\01\15\91 -4- 01/18/91
City Council Meeting
7.
January 15, 1991
Final Vesting Tract Map No. 23142
Doug Stewart, Deputy City Engineer requested this item be continued off
calendar.
It was moved by Councilmember Birdsall,
Lindemans to continue this item off calendar.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0
ABSENT: 0
PUBLIC HEARINGS
seconded by Councilmember
Birdsall, Lindemans,
Mu~oz, Parks
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Moore,
Recommendation to the County Board of Supervisors Re~Tarding the Procedure
for Approving7 Applications for Locating7 Solid Waste Transfer Facilities
City Attorney Field introduced the staff report.
Mayor Parks opened the public hearing at 7:30 PM. Having no requests to
speak, Mayor Parks closed the public hearing at 7:30 PM.
It was moved by Councilmember Birdsall, seconded by Councilmember Moore
to adopt a resolution entitled:
RESOLUTION NO. 91-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING PROCEDURES FOR REVIEW OF SOLID WASTE TRANSFER
FACILITIES WHICH ARE DESIGNED TO RECOVER FOR REUSE OR
RECYCLING LESS THAN 15 PERCENT OF THE TOTAL VOLUME OF
MATERIAL RECEIVED BY THE FACILITY AND SERVING ONLY ONE
JURISDICTION
Hinutes\01\15\91 -5- 01/18/91
City Council Meeting January 15, 1991
and, adopt a resolution entitled'
RESOLUTION NO. 91-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING PROCEDURES FOR REVIEW OF SOLID WASTE TRANSFER
FACILITIES WHICH ARE DESIGNED TO RECOVER FOR REUSE OR
RECYCLING LESS THAN 15 PERCENT OF THE TOTAL VOLUME OF
MATERIAL RECEIVED BY THE FACILITY AND SERVING MORE THAN
ONE JURISDICTION
The motion was carried by the following vote:
AYES:
5 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS' None
10.
Plot Plan No. 34. Tentative Parcel Map No. 25059. Change of Zone Nos. 6 and
Z
Mayor Parks stated he would abstain from discussion and voting on this issue
and turned the meeting over to Mayor Pro Tem Pat Birdsall.
Gary Thornhill, Director of Planning introduced the staff report.
Councilmember Mu~oz asked if additional fees are required for such a tall
structure, regarding fire protection, etc. Mr. Thornhill explained some fees,
such as for fire protection, are based upon square footage.
Councilmember Birdsall stated that she does not have a problem with reflective
glass and stated that it can be very attractive. Councilmember Mu~oz
expressed his concern with the glare that could be produced.
Mayor Pro Tern Birdsall opened the public hearing at 7:50 PM.
Anthony Bollo, Preferred Equities, 41750 Winchester Road, Ste N, stated that
his information from the glass company which is a less reflective glass can be
obtained (from 20% down to 7%), however this needs to be balanced by
energy efficiency requirements.
Hinutes\01\15\91 -6- 01/18/91
City Council Meeting January 15, 1991
Gary Thornhill stated that an additional condition is proposed, pursuant to
Assembly Bill 3158 (Chapter 1706) which authorizes the charging of certain
fees for filing of Negative Declarations to provide funding for the Department
of Fish and Game. He stated these fees are mandated by State Law, and
therefore need to be added to the conditions of approval.
Maury Alcheck, representing Bedford Properties, 28765 Single Oak Drive,
stated Bedford is in opposition to this project because it violates the CC&R's
for this area. He stated that the CC&R's restrict building height to 50 feet and
it exceeds that limitation. Mr. Alcheck stated that even if this project is
approved it will not relieve the applicant from compliance with these
requirements.
Jim Pollack, Preferred Equities, stated that this project is not in violation of the
CC&R's. He explained that the CC&R's provide that variances can be
submitted to the Architectural Review Committee for approval. He stated he
has this approval in writing and has provided a copy to City staff.
Councilmember Lindemans stated he is in favor of this project however wishes
the record to be clear that the City's intent is not to break a contract and the
issue of the CC&R's would have to be worked out between the applicant and
Bedford Development Company.
Mayor Pro Tem Birdsall closed the public hearing at 8:05 PM.
It was moved by Councilmember Lindemans, seconded by Councilmember
Moore to adopt a Negative Declaration for Plot Plan No. 34, Tentative Parcel
Map No. 25059 and Change of Zone Nos. 6 and 7.
The motion was carried by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I
COUNCILMEMBERS: Parks
Ninutes\01\15\91 -7- 01/18/91
City Council Meeting January 15, 1991
It was moved by Councilmember Lindemans, seconded by Councilmember
Moore to introduce and read by title only an ordinance entitled:
ORDINANCE NO. 91-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO
DEVELOPMENT STANDARDS IN THE FP ZONE (INDUSTRIAL PARK)
The motion was carried by the following vote:
AYES:
4 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mufioz
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I
COUNCILMEMBERS: Parks
It was moved by Councilmember Lindemarts, seconded by Councilmember
Moore to adopt a resolution entitled:
RESOLUTION NO. 91-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING CHANGE OF ZONE NO. 6 TO CHANGE THE MAXIMUM
HEIGHT LIMITATION CONTAINED IN THE DEVEL OPMENT STANDARDS
FOR THE I-P (INDUSTRIAL PARK) ZONE ON THIS SITE FROM 50 TO 91
FEET L OCA TED ON RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S
PARCEL NO. 940-310-033, 034, AND 037
The motion was carried by the following Vote:
AYES:
4 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mufioz
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1
COUNCILMEMBERS: Parks
Ninutes\01\15\91 -8- 01/18/91
City Council Meeting January 15, 1991
It was moved by Councilmember Lindemans, seconded by Councilmember
Moore to introduce and read by title only an ordinance entitled:
ORDINANCE NO. 91-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING CHANGE OF ZONE NO. 7 TO AMEND ORDINANCE NO.
348, SECTION 10.4(B), TO INCREASE THE MAXIMUM HEIGHT
PERMITTED FOR BUILDINGS AND/OR STRUCTURES, WITHIN THE I-P
(INDUSTRIAL PARKJ ZONE, TO 105 FEET
The motion was carried by the following vote:
4 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mufioz
None
None
Parks
AYES:
NOES: 0
ABSENT: 0
ABSTAIN: 1
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
It was moved by Councilmember Lindemans, seconded by Councilmember
Moore to adopt a resolution entitled:
RESOLUTION NO. 91-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PLOT PLAN NO. 34 TO CONSTRUCT A 276,312.5
SQUARE FOOT OFFICE/RESTAURANT DEVELOPMENT ON A PARCEL
CONTAINING 5.51 ACRES LOCATED ON RIDGE PARK DRIVE AND
KNOWN AS ASSESSOR'S PARCEL NOS. 940-310-033, 034, AND 037.
The motion was carried by the following vote:
AYES:
NOES: 0
ABSENT: 0
ABSTAIN: I
4 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mufioz
None
None
Parks
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Ninutes\01\15\91 -g- 01/18/91
City Council Meeting January 15, 1991
It was moved by Councilmember Lindemans, seconded by Councilmember
Moore to adopt a resolution entitled:
RESOLUTION NO. 91-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING TENTATIVE PARCEL MAP NO. 25059 TO SUBDIVIDE A
5.51 ACRE PARCEL INTO FOUR (4) PARCELS LOCATED ON RIDGE
PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEL NOS. 940-310-
033, 034, AND 037.
The motion was carried by the following vote:
AYES:
NOES: 0
ABSENT: 0
ABSTAIN: 1
4 COUNCILMEMBERS: Birdsall, Lindemans, Moore,
Mu~oz
None
None
Parks
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
RECESS
Mayor Pro Tem Birdsall called a recess at 8:05 PM. The meeting was reconvened at
8:16 PM, Mayor Parks presiding.
It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to
continue Item No. 12 to the meeting of January 22, 1991 and continue Items 13, 14
and 15 to the meeting of February 5, 1991. The motion was unanimously approved.
Councilmember Lindemans requested that Item No. 16 be taken out of order. Hearing
no objections, Mayor Parks proceeded with Item No. 16.
16. Solid Waste Hauling and Recycling - Requests for Proposals
City Attorney Field introduced the staff report.
Joe Hreha, Franchise and Contract Officer, made the following corrections to
the RFP: Page 7, Section 6, first paragraph, "Purchasing Department" should
be changed to "City's Franchise and Contract Department"; Page 13, E.2 A(1)
Ninutes\01\15\91 -10- 01/18/91
City Council Meeting January 15, 1991
should read: PET, HDPE, aluminum beverage containers, and tin/steel can, are
designated as the initial items for collection; Page 14, E.2 B(1) should read:
PET, HDPE, and aluminum beverage containers, steel and tin, and compostables
are designated as the initial items for collection.
City Manager Dixon stated that the franchise fee is currently based upon a
gross figure, and this needs to be changed to exclude tipping fees.
Verlyn Jensen, Inland Disposal, 650 Town Center Drive, Costa Mesa,
congratulated staff on an excellent RFP but asked the Council to consider three
items: One, that the franchise fees be based upon net fees, excluding tipping
fees which are simply passed through; two, that Inland has retroactively been
paying these fees to the County since December 1, 1990 and asked the City
to work out an agreement with the County so that the company awarded the
contract would not be required to pay double fees; and three, that the final RFP
clarify which system the City would like, a two barrel system, three barrel, etc.
George Varela, consultant for OK Associates, 13423 Netzley Place, Chino,
asked that the City consider a 2-5 year period for those companies not awarded
the franchise to phase out their businesses.
Mayor Parks asked Mr. Varela if he feels this RFP allows him to effectively
compete for this franchise. Mr. Varela stated he did.
Tim Blackburn, Suburban Disposal, 29390 Via Norte, asked there be a five year
phase out period for those not awarded the contract. He suggested that the
RFP be reviewed as three different proposals from a pricing viewpoint, technical
and recycling viewpoint. He also suggested having an exclusive contract for
residential but allowing commercial to remain open for competition.
Mayor Parks asked if he felt this RFP was fair and allowed him the opportunity
to effectively compete. Mr. Blackburn stated he did.
It was moved by Councilmember Moore, seconded by Councilmember
Lindemarts to authorize the issuance of the attached Request for Proposals for
solid waste hauling and recycling with the modifications in the RFP on pages
7, 13 and 14 as outlined by staff and with the exclusion of tipping fees from
the gross figure as the basis for franchise fees.
Hinutes\01\15\91 -11- 01/18/91
City Council Meeting
The motion was carried by the following vote:
11.
January 15, 1991
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindemans,
Mu~oz, Parks
Moore,
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Approval of City Stationery
City Manager Dixon introduced the staff report. He stated that staff needs
direction on how the commission and boards are to be handled and suggested
bringing this back at a future date.
June Greek, Deputy City Clerk, presented the Council with a format from
another City that staff prefers. Councilmember Birdsall stated she is in
agreement but would like to also use this format on the envelopes.
Mayor Parks stated he did not like the color gray. Councilmember Moore
suggested the color blue.
It was moved by Councilmember Lindemans, seconded by Councilmember
Moore to approve staff recommendations as follows:
Approve the City stationery and business cards using the approved seal
design.
2. Adopt the Policy and Procedure (No. 001 CM) attached;
further to direct that the tone-on-tone business cards and stationery be
produced in a blue paper stock and that the format for the stationery be styled
after the example provided by staff.
The motion was carried by the following vote:
AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore,
Mu~oz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Hinutes\01\15\91 -12- 01/18/91
City Council Meeting January 15, 1991
CITY MANAGER REPORTS
City Manager Dixon reported that the City has received approval from CalTrans for
interim improvements at Winchester and Nicolas Roads and improvements should be
in place within 20 to 30 days.
He stated that the City will be involved in the Inland Valley Showcase scheduled for
April 3, 4, 1991.
CITY ATTORNEY REPORTS
None given.
CITY COUNCIL REPORTS
Councilmember Linderoans requested that staff address the matter of forming an ad
hoc Finance Committee.
Mayor Parks requested that staff address the current economic situation in the
community relative to jobs, housing assistance and other areas of relief.
He also requested that the matter of setting up Council liaison to the various
commissions and committees to be placed on a future agenda.
ADJOURNMENT
It was moved by Councilmember Lindemans, seconded by Councilmember Moore to
adjourn at 9:12 PM to the meeting'of Janua.ry 22, 1991 at 7:00 PM, at the
Temporary Temecula Community Center. The motion was unanimously carried.
ATTEST:
Ronald J. Parks, Mayor
June S. Greek, Deputy City Clerk
Hinutes\01\15\91 -13- 01/18/91
ITEM NO. 3
ORDINANCE NO. 91-02
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AMENDING PORTIONS OF
ORDINANCE NO. 90-04 PERTAINING TO
DEVELOPMENT STANDARDS IN THE I-P ZONE
(INDUSTRIAL PARK)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. City Ordinance No. 90-04 adopted by reference certain portions of the
Non-Codified Riverside County Ordinances, including Ordinance No. 348. Article X, Section
10.4.b. of Ordinance No. 348 is hereby amended to read as follows:
b. The maximum height of all structures, including buildings, shall be 35 feet at the yard
setback line. Any portion of a structure or building that exceeds 35 feet at the yard setback line.
Any portion of a structure or building that exceeds 35 feet in height shall be set back from each
yard setback line not less than 2 feet for each 1 foot in height that is in excess of 35 feet. All
buildings and structures shall not exceed 50 feet in height, unless a height up to 105 feet for
buildings and/or structures is specifically permitted under the provisions of Section 18.34 of this
ordinance.
SECTION 2. Severability. The City council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be posted as required by law.
SECTION 4. -Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage; and within fifteen (15) days after its passage, together with the names of
the City Council Members voting thereon, it shall be published in a newspaper published and
circulated in said City.
PASSED, APPROVED AND ADOPTED, this 29th day of January, 1991.
ATTEST:
Ronald J. Parks, Mayor
June S. Greek, Deputy City Clerk
3/Orda 91-02 -l-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, Deputy City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 91-02 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 15th day of January, 1991, and that thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 29th day of
January, 1991, by the following vote, to wit:
AYES:
COUCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAINED:
COUNCILMEMBERS:
June S. Greek, Deputy City Clerk
3/Orda 91-02 -2-
ITEM NO.
ORDINANCE NO. 91-03
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPROVING CHANGE OF
ZONE NO. 7 TO AMEND ORDINANCE NO. 348,
SECTION 10.4(b), TO INCREASE THE MAXIMUM
HEIGHT PERMITrED FOR BUILDINGS AND/OR
STRUCTURES, WITHIN THE I-P (INDUSTRIAL
PARK) ZONE, TO 105 FEET.
WHEREAS, Preferred Equities filed Change of Zone No. 7 in accordance with the
Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has
adopted by reference;
WHEREAS, said Change of Zone application was processed in the time and manner
prescribed by State and local law;
WHEREAS, the Planning Commission considered said Change of Zone on December
17, 1990, at which time interested persons had an opportunity to testify either in support or
opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission
recommended approval of said Change of Zone;
WHEREAS, the City Council conducted a public hearing pertaining to said Plot Plan on
January 15, 1991, at which time interested persons had opportunity to testify either in support
or opposition to said Change of Zone; and
WHEREAS, the City Council received a copy of the Commission proceedings and Staff
Report regarding the Change of Zone;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Findings. That the Temecula City Council hereby makes the following
findings:
A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt
a general plan within thirty (30) months following incorporation. During that 30-month period
of time, the city is not subject to the requirement that a general plan be adopted or the
requirements of state law that its decisions be consistent with the general plan, if all of the
following requirements are met:
3/Orda 91-03 -1-
1. The city is proceeding in a timely fashion with the preparation of the general plan.
2. The planning agency finds, in approving projects and taking other actions, including
the issuance of building permits, each of the following:
a. There is a reasonable probability that the land use or action proposed will be
consistent with the general plan proposal being considered or studied or which will be studies
within a reasonable time.
b. There is little or no probability of substantial detriment to or interference with
the future adopted general plan if the proposed use or action is ultimately inconsistent with the
plan.
c. The proposed use or action complied with all other applicable requirements
of state law and local ordinances.
B. The Riverside County General Plan, as amended by the Southwest Area Community
Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General
Plan for the southwest portion of Riverside County, including the area now within the boundaries
of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the
City is proceeding in a timely fashion with the preparation of its General Plan.
C. The City Council in approving the proposed Change of Zone, makes the following
findings, to wit;
1. There is a reasonably probability that Change of Zone No. 7 will be consistent
with the City's future General Plan, which will be completed in a reasonable time and in
accordance with State law, due to the fact that the subject request involves an amendment to
Section 10.4(b) of the Zoning Ordinance, which pertains to building height within the I-P
(Industrial Park) zone, which may be consistent with the goals and/or policies of the City's
future General Plan.
2. There is not a likely probability of substantial detriment to or interference with
the future General Plan, if the proposed amendment (Change of Zone) is ultimately inconsistent
with the plan, due to the fact that such an amendment, if deemed inconsistent with the plan, may
cause all properties within the I-P (Industrial Park) zone to be inconsistent with the plan.
Therefore, it is likely that the City will consider this amendment during their preparation of the
General Plan.
D. The Change of Zone is compatible with the health, safety and welfare of the
community.
SECTION 2. Environmental Compliance. An Initial Study prepared for this project
indicates that although the proposed project could have a significant impact on the environment,
3lOrds 91-03 -2-
there will not be a significant effect in this case because the mitigation measures described in
the Conditions of Approval have been added to the project, and a Negative Declaration,
therefore, is hereby granted.
SECTION 3. Action. That the City of Temecula City Council hereby approves Change
of Zone No. 7 to amend Ordinance No. 348, Section 10.4(b), to increase the maximum height
permitted for buildings and/or structures, within the I-P (Industrial Park zone to 105 feet.
SECTION 4. The City Clerk shall certify the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED this 29th day of January, 1991.
Ronald J. Parks, Mayor
ATTEST:
June S. Greek, Deputy City Clerk
[SEAL]
3lOrds 91433 -3-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA
I, June S. Greek, Deputy City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 91-03 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 15th day of January, 1991, and that thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 29th day of
January, 1991, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
couNCILMEMBERS:
June S. Greek, Deputy City Clerk
3/Ords 91-03 -4-
ITEM NO. 5
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA AGENDA REPORT
City Council
City Manager
January 29, 1991
Revised Vesting Tentative Tract 23143, Change of Zone No. 5535
PREPARED B~
Deputy City Clerk June S. Greek
RECOMMENDATION:
Approve the addendum to the EIR for Vesting
Tentative Tract No. 23143 and Zone Change No.
5535.
Adopt a resolution approving the revised Vesting
Tentative Tract Map No. 23143 and Zone Change
No. 5535.
3. Introduce and read by title only an ordinance
approving the Change of Zone No. 5535.
BACKGROUND:
under separate cover.
The staff report for this agenda item will be sent to you
JSG
ITEM NO. 6
APPROVAL
CITY ATTORNEY
TO:
FROM:
DATE:
S UBJE C T:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joe Hreha, Information 5ystem.~,Ni~nagement Officer, and Mary
Jane Henry, Finance Officer~~'
January 22, 1991
Vendor Selection and Improvement and Vacating Budgets for City
Hall
RECOMMENDATIONS:
Authorize the City Manager to contract with the approved
vendors and administer the following budgets in connection
with the improvements in the new City Hall and vacating
portions of old City Hall space:
BUDGET CA TEGORY
Systems Furniture:
Telephone System:
Security System:
Computer Network:
Moving/Cleaning:
RECOMMENDED VENDOR
Systems Source (All Furniture
except seating) and BKM
(seating only)
The Phone Man/GTE
AEI
Mr. John Hines
TBD/One Step Maintenance
Audio/Visual Equipment: To be determined
BUDGET
$426,000
$ 10,000
$ 1,300
$ 50,000
$ 1,300
$ 15,0O0
DISCUSSION: The tenant improvement budget was established in the lease
agreement previously approved by the City Council at the November 13, 1990 City
Council Meeting. That budget was established at $405,000. The following budgets
to complete the improvement and vacating plan are as follows:
Systems Furniture: At the December 19, 1990 City Council Adjourned
Meeting, furniture was discussed in detail. That meeting's Staff Report and
presentations outlined our current furniture source, provided an overview of systems
furniture, and contained the two systems furniture vendors competing for our
business. The systems furniture budget is recommended to be established at
$426,000. This amount was based on preliminary designs by the two vendors. The
space planning model, contracts, letters of recommendations, warranties, and
comparisons are included in the December 19, 1990 Staff Report, which you are
encouraged to bring with you to this meeting. Any additional and appropriate
documentation received since the December 19, 1990 meeting are attached hereto.
At the December 19, 1990 meeting, the City Council
was briefed that each systems furniture vendor was bidding on the entire project as
detailed by staff. Attached is that analysis and rationale to support the
recommendations contained in this Staff Report.
Telephone System: The recommended telephone system budget includes
wiring the new City Hall and relocating all telephone instruments to their desired
location. On numerous occasions throughout the past year, we have requested price
quotes for various telephone services. The Phone Man has always been the lowest
bidder. His services over the past year have been outstanding and he is the
recommended vendor for this project. He projects his labor and materials to be an
amount not to exceed $6,000. GTE will charge us approximately $3,000 for
relocating and switching services. Therefore, the telephone budget is recommended
at $10,000. The December 19, 1990 Staff Report contains a letter from The Phone
Man. GTE's estimate was verbally received.
Security System: The recommended security system budget includes
removing the security system in Community Services, Community Development,
Information Systems, and Finance and wiring and reinstailing the old security system
in the new City Hall. AEI is the recommended vendor. Their letter is included in the
December 19, 1990 meeting package and they estimate $1,150 to provide the
requested material and services. Price Security, who has provided and has maintained
the security system since the first installation over one year ago, was also given the
opportunity to bid on this project; however, their estimate was $1,720. The security
system budget is requested to be established at $1,300.
Computer Network: The recommended computer network includes wiring
the new City Hall and the old City hall, purchasing the necessary hardware to operate
the network, software to run on the system, and the maintenance of the entire
network. John Hines is the recommended consultant that will provide the total
network solution under the guidance of the City's Information Systems Management
Officer. Mr. Hines' letter is attached to the December 19, 1990 Staff Report and he
expects not to exceed $48,000. The budget is recommended at $50,000.
Moving and Cleaning Expenses: This budget includes moving all
departments into the new City Hall, relocating the borrowed Moreno Valley furniture
to the Temecula Police Department for their use and return to Moreno Valley,
returning to Moreno Valley the unused furniture, and cleaning the vacated office
spaces for turnover to the landlord. The mover will be chosen at a later date and One
Step Maintenance & Cleaning Company is the recommended cleaning company who
was our lowest bidder for cleaning services six months ago. Their letter is attached
to the December 19, 1990 Staff Report and services are estimated at $340. The
budget, to include moving expenses to be determined later, is recommended for
$1,300.
Audio/Visual Services and Equipment: The recommended vendor has not been
chosen for this budget category. Based upon Staff's estimate, this budget is
recommended to be established at $15,000, which will include audio and visual
equipment and installation in all conference rooms.
FISCAL IMPACT:
Unencumbered funds exist for the above items in the
FY90-91 operating budget.
A TTA CHMENTS:
SMED Product Warranty
Systems Furniture Analysis and Rationale
January 17, 1991
ROSEMARIE McCLUNE
PRESIDENT
SYSTEM SOURCE
3955 BIRCH STREET
SUITE 101
NEWPORT BEACH, CA
92660
Dear ROSEMARIE:
Thank you for your recent inquiry about the
SMED product warranty for the County of San Bernadino
Contract. At the time SMED MANUFACTURING INC. was
awarded the contract for the County we were pleased to
offer our extended warranty of TEN YEARS from date of
purchase. SMED MANUFACTURING INC. is still honoring
this warranty today as it will on any subsequent orders
based on the County contract.
If you need any further information or clari-
fication please don't hesitate to call me. As always
we will respond with on time performance and a quality
product second to none.
Sincerely,
GEORGE R. ZOUMER
OWNER
SYSTEMS FURNITURE ANAL YSlS AND RATIONALE
Three price comparisons were completed and the results are shown below:
SYSTEMS SOURCE
BKM
BKM's Freestanding
BKM's Panel Hung
Systems Source's Freestanding
Systems Source's Panel Hung
$4,134 $4,551
$3,885 $4,314
$3,576 $3,850
$3,512 $3,547
Entire Project First Bid
$337,479
$361,817
Entire Project Second Bid
$348,095
$354,516
In each of the above price comparisons, Systems Source was the lowest
responsible bidder. All Systems Source products, except seating, were
accepted by Staff as meeting the needs of the City of Temecula. BKM's
products and seating were accepted by Staff as meeting the needs of the City
of Temecula; however, their products were not the lowest bid. Therefore,
Staff's recommendation is to purchase the systems furniture, except seating,
from Systems Source as they are the lowest responsible bidder for systems
furniture, except seating. Staff also recommends that all seating be purchased
from BKM as they are considered the lowest responsible bidder for seating.
The 8' X 8' typicals were the first price comparisons. Each vendor
designed two offices, one freestanding and one panel hung, with exact
specifications. Each vendor submitted a bid on each typical for a total of four
comparisons. The freestanding BKM typical was chosen by Staff to be the
sample workstation you viewed at the December 19, 1990 meeting. Systems
Source, as reflected above, submitted the lowest bid on all four of the typicals.
Even though the above price comparison was agreed to by BKM prior to
the submission of the bids, after the results of the comparisons were released,
BKM stated that the price comparison was unfair and requested that they be
given the opportunity to bid on the entire project. Mr. Dixon granted BKM's
request and the entire project was given to both vendors to bid the entire
project, with the stipulation that each vendor will be given an opportunity to
comment on each other's proposal. On December 19, 1990, both bids were
received by Staff and the bids, addressed above, were the bottom line
contained in each proposal. Systems Source's proposal was $24,338 less than
BKM's. The proposals were exchanged with each vendor and a meeting was
set to address any inconsistencies found the proposals. Staff, BKM, and
Systems Source spent an entire afternoon addressing each inconsistency. At
the conclusion of the meeting, both vendors agreed to adjust each
inconsistency addressed in the join t meeting and reflect these changes in a new
bid proposal. No other changes were to be made.
Staff reviewed each bid and the inconsistencies addressed in the joint
meeting. Staff reached the conclusion that BKM's bid must increase more than
Systems Source's bid due to BKM having a greater number and value of
inconsistencies found in the two proposals.
Each vendor submitted their revised proposals that addressed the
inconsistencies found in the first bid. Their bids were again exchanged with
each other for review and a subsequent meeting was scheduled to address any
remaining inconsistencies. As you can see above, Systems Source, once again,
was the lowest bidder by over $6,421. However, contrary to Staff's belief that
BKM's proposal must increase more than Systems Source's bid, BKM's
proposal actually decreased from the first bid. Another joint meeting was
conducted to allow each vendor to address the inconsistencies found in the
second bid.
During this second joint meeting and subsequent review by Staff, it was
apparent that the lowest proposal became the most important aspect of the
project instead of what was best for the City of Temecula. New
inconsistencies were surfaced at the joint meeting that were not addressed at
the prior joint meeting. BKM substituted furniture, approximately $8,037,
which was neither approved by Staff nor addressed and discussed at the first
meeting. BKM knowingly offered non-negotiated price incentives in their
proposal which accounted for approximately a $13,936 difference that was
neither appropriate nor authorized under contract piggybacking and vendor
agreements made at the first joint meeting. There were other inconsistencies;
however, given the total amount of the bid and the differences associated with
these other inconsistencies, these were considered minor and mostly a result
of product diversity and project complexity. By adjusting these major
inconsistencies, Systems Source was the lowest bidder by over $28,394.
Without the adjustments, Systems Source is still the lowest bidder by over
$6,421. However, BKM seating was considered to be an unmatched product
in quality and warranty. Therefore, Staff concluded with the recommendations
contained in this report.
ITEM NO. 7
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Mary Jane Henry, Finance Officer
January 29, 1991
Community Services Funding
RECOMMENDATION: That the City Council:
Review the criteria for evaluating funding applications and advise staff of any
recommended changes.
2. Approve additional funding for Temecula Playhouse in an amount to be
provided by the Council.
o
Approve a loan of $10,000 to the Boys & Girls Club of Temecula for the
purpose of providing a facility for youth activities.
Approve an appropriation of $50,000 for Economic Development to be
administered by the City Manager.
DISCUSSION: During the January 8, 1991 City Council meeting, the
Council directed staff to provide the criteria used for funding Community Service
requests. The criteria included on the application is as follows:
Community service excellence
Size and make-up of community service organization
Relevance to the City's community service interests
Public and critic reaction to the group
Quality of fiscal management
Longevity in the City
Percentage of request to organization's annual budget
Community leadership and support
In addition to the above the following criteria were developed during the review
committee's meeting (review committee consisted of Mayor pro Tem Birdsall,
Councilmember Lindemans, Dave Dixon, Shawn Nelson, Mary Jane Henry):
No funding of overhead
No funding of commercial ventures
No funding re: religious groups
The City Attorney is currently addressing the Sectarian issue in an opinion letter to the
City.
The Council also requested staff to work with TEAM, Inc., to bring their application
to meet the City's criteria. I met with the applicant and they are in the process of
providing the requested information. I will prepare a separate staff report when the
information is available.
Shawn Nelson has continued his work with the Boys and girls club for the acquisition
of the modular youth facitity and is requesting approval of a $10,000 loan to provide
the down payment on the facility. The balance of $90,000 will be requested at a
later date when the plans for the facility are complete.
Regarding economic development, staff is recommending a $50,000 appropriation for
this purpose. The City Manager will provide recommendations for the use of the
appropriation in a separate report to the Council within the next 30 days.
ITEM NO. 8
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER ~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council
David F. Dixon, City Manager
January 24, 1991
Position Redassification - City Clerk
RECOMMENDATION:
Modification to the appointment authority - City Manager to appoint City Clerk.
Introduction of Ordinance #91-
2. Establish new classification of City Clerk. Adoption of Resolution No. 91-
3. Reclassification of Deputy City Clerk to City Clerk.
DISCUSSION:
Currently, the City Manager carries the title of City Clerk. The City Council not only
appoints the City Manager, but also has appointed the City Manager to function as
the City Clerk and the City Treasurer. The City Clerk deals with a number of
constitutional requirements which relate to the City records, elections, Council
minutes and other similar duties. As the organization was initiated upon incorporation,
the duties of the City Clerk fell on the shoulders of June Greek who holds the title of
Deputy City Clerk and yet, in all aspects, June is doing the work of the City Clerk with
the responsibilities as assigned by me for that function. Based upon the current
situation and the need to pay competitive salary for work performed, I am
recommending a new classification of City Clerk and also suggest that the
appointment of the City Clerk shall be by the City Manager pursuant to Section 34856
of the Government Code. This procedure and organizational step is similar to that
which exists currently in other California Cities.
Page 2
The current pay classification for the Deputy City Clerk is range 1224. The salary
level is from $2414 to $3006 per month. June's current monthly salary is $2846.
Attached you will find a salary survey which has been conducted by Mike Deblieux
showing comparable salaries in our general area.
I am recommending a salary classification range of $4148 - $5165. This salary
category is consistent with other mid-manager salary classifications.
Attached you will find Ordinance No. 91- , an Ordinance that amends Section
2.08.060 and adds and amends other sections of the Code regarding the appointment
of the City Clerk. This document has been prepared by the City Attorney. Also
attached is Resolution No. 91-__ modifying the current list of position titles and
salaries and adoption thereof is pursuant to Section 45001 of the California
Government Code.
In addition you will find attached a job classification description for the position of
City Clerk.
FISCAl. IMPACT.' The costs associated with this adjustment is approximately $6500
for the balance of the fiscal year and can easily be absorbed within the general fund
appropriations.
Attachment lI - Sa, larv Survey
A~encv
City of Corona
~ity of Eacon4ido
.City of aeme=
City of Lake Elsinore
City of Moreno Valley
City of Pettis
City of Riverside
City of San Marcos
Rancho California Water District
~N -- Survey Agencies
~nIAN -- Survey Agencies
City of Temecula
Recommended is +/- Median
City of Temecula
Salary Survey --_City Clerk
Salar~ Ran~
.... 6,551
5,018
.... 4,346
3,976 5,076
3,750 4,559
4,214 5,268
3,800 6,300
3,935 5,303
4,095 5,047
4,091 5,094
-0.10% 0.92%
Comments
Flat Salary - no range
Elected - Full-time
Elected- PT (4903-2429)
Elected - Full-time
Elected - Full-time
ORDINANCE NO. 91-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, AMENDING SECTION 2.08.060Co),
ADDING SECTION 2.08.061, AND AMENDING SECTION 2.10.020
OF THE TEMECULA MUNICIPAL CODE RELATING TO THE
APPOINTMENT OF THE CITY CLERK
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 2.08.60Co) of the Temecula Municipal Code is hereby
amended to read as follows:
2.08.060 Powers and duties...
"Co) Appoint, remove, promote, and demote any and all officers
and employees of the City except elected officers, the City Attorney, and the City
Treasurer, subject to all applicable personnel rules and regulations which may be
adopted by the City Council;"
SECTION 2. Section 2.08.061 is hereby added to the Temecula Municipal
Code, which shall read as follows:
"2.08.061 Appointment of City Clerk. The City Manager shall be
empowered, pursuant to Section 34856 of the Government Code of the State of
California, to appoint, discipline or dismiss the City Clerk. Such power shall be
executed by the City Manager for any vacancy occurring in said office upon or
after the effective date of this Ordinance."
SECTION 3. Section 2.10.010 of the Temecula Municipal Code is hereby
amended to read as follows:
"2.10.010 Authority for office. The office of the City Clerk is created and
established. The City Clerk shall be appointed by the City Manager wholly on the
basis of administrative and executive ability and qualifications, subject to Section
2.08.061 of this Code."
2lORDS/012 1
Ordinance No. 91-
Page 2
SECTION 4. SEVERABILITY. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be
invalid, such decision shall not affect the validity of the remaining parts of this
Ordinance.
SECTION 5. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The Deputy City Clerk shall certify to the adoption of this
Ordinance and cause copies of this Ordinance to be posted and published as required
by law.
PASSED, APPROVED AND ADOPTED this ~ day of
, 1991.
ATTEST:
Ronald J. Parks, Mayor
June S. Greek
Deputy City Clerk
[SEALI
APPROVED AS TO FORM:
Scott F. Field
City Attorney
2/0RI~/012 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF TEMECULA )
I, June S. Greek, Deputy City Clerk of the City of Temecula, do hereby
certify that the foregoing Ordinance No. 91-_ was duly introduced and placed upon
its first reading at a regular meeting of the City Council on the __ day of ,
1991, and that thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the __ day of , 1991, by the following vote,
to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
June S. Greek, Deputy City Clerk
2lORDS/012 3
RESOLUTION NO. 91-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA PROVIDING FOR THE
ESTABLISHMENT OF PERSONNEL POLICIES
WHEREAS, pursuant to the authority under Chapter 2.08.060 of the City's Municipal
Code, the City Manager has the authority to hire, set salaries and adopt personnel policies; and,
WHEREAS, the City Manager has recommended and the City Council now wishes to
adopt those policies as identified below;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Temecula as follows:
SECTION 1. The attached list of Position Titles and Salaries (Exhibit A) is hereby
adopted pursuant to Section 45001 of the California Government Code. Such list is attached to
this Resolution and incorporated herein by this reference.
SECTION 2. The list of Position Titles and Salaries shall become effective immediately
and may be thereafter amended.
SECTION 3. The City Manager shall implement the above list of Positions Titles and
Salaries and has the authority to select and appoint employees in accordance with the City's
personnel policies.
SECTION 4. All prior resolutions and parts of resolutions in conflict with this
Resolution are hereby rescinded.
PASSED, AND ADOPTED by the City Council of the City of Temecula at a regular
meeting held on the 29th day of January, 1991.
ATTEST:
Ronald J. Parks, Mayor
June S. Greek, Deputy City Clerk
[SEAL]
3/Resos 136
# of
Positions
Exempt/
Non-exempt
2 NE
1 NE
1 NE
1 E
7 NE
1 E
1 NE
1 E
2 NE
3 NE
1 E
1 E
1 E
1 E
1 NE
5 E
0 E
1 E
1 E
1 E
1 E
i E
1 E
2 NE
i E
i NE
1 E
12 NE
2 NE
2 NE
1 E
0 E
3 NE
1 E
2 NE
1 NE
2 E
67
Attachment I - Exhibit A
CITY OF TEMECULA
Authorized Positions, Titles and Salary Ranges
Title
Minimum Maximum
Account Clerk
Accountant
Account Technician
Administrative Assistant
Administrative Secretary
Asst. City Mgr./Dir. Admin. Services
Assistant Planner
Assistant to the City Manager
Associate Planner
Building Inspector
Chief Accountant
Chief Building Official
City Clerk
City Manager
Code Enforcement Officer
Councilmembers
Deputy City Clerk
Director of Community Services
Director of Planning
Executive Secretary
Finance Officer
Information Systems Manager
Maintenance Supervisor
Maintenance Worker
Management Analyst
Minute Clerk
Network Administrator
Office Assistant
Planning/Building Technician
Recreation Leader
Recreation Superintendent
Recreation Supervisor
Secretary
Senior Accountant
Senior Building Inspector
Senior Maintenance Worker
Senior Planner
$1,600
$2,498
$1,993
$2,105
$1,702
$5,763
$2,464
$2,807
$2,885
$2,431
$3,377
$5,236
$4,148
$2,193
$ 300
$2 414
$5 236
$5 236
$2 285
$5 236
$4 148
$3 331
$1 667
$2 498
$1 454
$2 498
$1 303
$2 193
$1,424
$3,331
$2,533
$1,454
$2,788
$2,675
$1,926
$3,424
$1,993
$3,111
$2,481
$2,621
$2,120
$7,176
$3,068
$3,495
$3,592
$3,027
$4,205
$6,519
$5,165
$2,731
$ 300
$3,006
$6,519
$6,519
$2,846
$6,519
$5,165
$4,148
$2,076
$3,111
$1,811
$3,111
$1,624
$2,731
$1,774
$4,148
$3154
$1,811
$3,471
$3331
$2398
$4236
Revised 1/22/91
City of Temecula
CITY CLERK
Under administrative direction to plan, organize and manage the City Clerk's Office; to codify
and maintain official City records; to coordinate administrative preparations for City Council and
other official City meetings; to prepare and certify official City documents; to administer City
elections and coordinate ballot measures related to City issues, and; to do other work as
necessary or required.
Distinguishing Characteristics
This is a one position, department head classification which reports to the City Manager. In
addition to managing the City Clerk's Office, an incumbent is a member of the City's
management team and is expected to actively participate in managing a wide variety of City
issues.
Examples of Ex-1}ected Job Results
The actual work performed by an incumbent in this class will vary depending upon the needs
of the City. Typically, the City expects an incumbent to provide services and performance
results such as, but not limited to:
Custodian of City Records - Maintains official records of City business in accordance
with federal, state and local requirements by (a) establishing and administering policies,
procedures and methods for creating, receiving, recording and storing official documents
and other materials, (b) attoting and/or ce~fying the authenticity of documents and
copies, (c) preparing official minute, minute orders, resolutions, ordinances,
proclamations and other official City documents, (d) securing, storing and releasing
security bo~ds in accordance with established procedures, (e) receiving, opening and
certifying official bids.
City Council A~,endns - Plans, coordinates, develops and prepares an agenda for City
Council meetings by (a) participating in management planning meetings to identify
potential agenda items, Co) providing input and direction regarding agenda submittal
requirements, (c) drahing or editing and approving draft resolutions and ordinances to
be included in agenda packets, (d) communicating with the City Council, City Manager
and other City officials, the public, the press and others regarding the status of current,
proposed and past agenda items, (e) preparing action item and follow-up lists to assure
proper implementation of approved, modified or rejected agenda items, (f) assuring the
accurate computer and hard copy storage of agenda materials and related documents,
City of Temecula
City Clerk - P~e 2
(g) supervising staff involved in preparing and processing the City Council agenda.
Following similar steps, an incumbent prepares and processes or supervises the
processing of the agenda for special City Council meetings, Temecula Community
Service District meetings and other special meetings.
Meeting Minutes - Prepares accurate and official minutes of City Council meetings by
(a) taking and transcribing meeting notes, Co) providing impromptu read back of notes
as requested to assist meeting participants, (c) transcribing notes to prepare draft and
final meeting minutes, submitting minutes to the City Council for approval, (d)
distributing minutes. The City Clerk also supervises the preparation of minutes for
official City Commissions and Committees.
Election~ - Plans, processes and administers municipal elections and election related
matters by (a) preparing and distributing candidate information packets, Co) receiving and
filing financial disclosure statements, (c) coordinating ballot initiatives and referendums
and submitting them to the County Registrar of Voters in accordance with applicable
requirements, (d) maintaining current knowledge of Election Code, Fair Political
Practices Commission and other related election requirements in order to properly
process election matters and assist voters, candidam, the press and others, (e) registering
voters or supervising voter registration, (0 verifying petition signatures, (g) administering
and filing the oath of office.
Suoervision of Staff - Supervises staff assigned to the City Clerk's Office by (a)
selecting and training administrative, support and other staff, Co) setting priorities,
scheduling work deadlines and following-up to assure the timely completion of work
assignments, (c) preparing staff performance reviews, taking disciplinary action as
necessary and assuring compliance with City P~rmel Policies.
Management of the City C!erk's Office - Plans, organizes and manages the City
Clerk's office by (a) establishing and administering policies, procedures and methods for
providing City Clerk services, Co) preparing, submitting and administering operating and
capital equipment budgets, (c) assuring compliance with applicable administrative,
financial and other City policies, (d) researching, recommending and implementing
solutions for equipment, computer software, supply and other material and/or system
needs, (e) maintaining current knowledge of applicable federal, state, local and other
requirements to assure the efficient and effective operation of the City Clerk's Office.
Management Team Member - Serves as an active member of the City's management
team by (a) actively participating in management meetings regarding a wide variety of
City business issues, Co) serving as a spokesperson for the City regarding issues related
to the City Clerk's office and other official city business, (c) assisting the City Council
and the City Manager regarding confidential or sensitive issues, (d) performing special
City of Temeeula
City Clerk- Page
projects or assuming responsibility for other functions as needed to assure the effective
and efficient operation of City services.
Tyl}i*nl Ounlification~
Education - Graduation from an accredited college or university with a B.A. Degree in public
or business administration or a related field. (The education requirement may be substituted
with four years experience as required below.)
Experience - Increasingly responsible clerical experience which involved creating, maintaining
and certifying official records and information for a public or similar organization.
Knowledge of - Principals and practices of municipal records systems and state, federal and
local laws re¼ting to City Clerk duties; procedures for administering municipal elections; the
organization and function of City government; modern office practices, procedures, systems and
equipment.
Ability to - Establish and maintain complex records and filing systems; organize work and meet
deadlines; establish and maintain working relationships with other employees and the public and
deal with public relations problems courteously and tactfully; tak~ shorthand or speed writing
notes at public meetings involving a wide variety of municipal government topics and multiple
speakers; transcribe shorthand or speed writing notes and prepare official minutes, resolutions
and ordinances; plan, organize and conduct municipal elections; coordinate the preparation and
approval of official documents and records with the City Attorney, other City departments and
the City Council; interview, select, train and supervise employees.
~l]e~i-I R~.qp!rement~
Certification by the International Institute of Municil~t Clerks a~ a Certified Municipal Clerk
is desirable.
Physical Class: Office
Valid California Driver's License may be required
FLSA: Exempt
APPROVAL
CITY ATTORNEY ,/-,~, /
OFFIO .R
CITY m AG .R
7
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council / City Manager
Rick Sayre
Chief of Police
January 8, 1991
Mid-Year Police Budget
RECOMMENDATION:
1. City Council approve the following increases
in police staff.
* Two Traffic Officers 03-01-91,
* One K-9 Officer 03-01-91,
* One Community Service Officer 02-01-91.
2. Approve the purchase of two fully equipped
police motorcycles.
3. Approve the purchase of a sided tandem
axle trailer.
4. Approve reclassification of two Office
Assistant II to Office Assistant III
positions.
BACKGROUND:
The F.Y. 1990-91'Police Budget was approved
based upon projected city funds and need. The
current recommended formula for deployment is
1 sworn officer per 1000 residents. Current
staffing is 28 sworn officers to 32,000 City
residents. Three additional staff would align
the staff ratio at the desired level.
The additional requests are areas that Council
has requested or needed reclassifications as
recommended by the Police Chief.
Page Two
Police Budget
DISCUSSION:
Funding exists in the current police budget
for the following increases in staff and
equipment. No additional funds are required
to support the recommended increases and
changes in the staffing.
A. Two additional Traffic Officers will
be assigned to a motorcycle enforcement
program. Traffic violations continue to
be the major complaint from the public.
The Motorcycle Officers will address this
issue.
B. A citizens' group has offered to
purchase a K-9 for the City. K-9
programs are proven time savers when
utilized in searching for suspects in
buildings or open areas. When not
performing as a K-9 Officer, the unit
will handle patrol duties.
C. The additional Community Service
Officer will be assigned the duties of
directing the Community Service Clean Up
Program. This program will utilize
persons who are serving community service
hours as an alternative to jail
incarceration for the purpose of cleaning
debris from public property.
Two motorcycles will be required for the
Traffic Officers. The County does not
purchase nor maintain police motorcyles.
All contract cities purchase and maintain
their police motorcycles.
The City currently owns a passenger van
which will be used for the Community
Service Clean Up Program. A tandem axle
trailer will be required to haul the
trash collected by the workers.
Two Office Assistant II positions were
approved for F.Y. 1990-91. Neither
Page Three
Ploice Budget
DISCUSSION CONTINUED:
position has been filled. I am
requesting that the positions be upgraded
to Office Assistant III positions. This
will attract a more qualified person for
the original tasks designated which
includes trancribing police reports.
FISCAL IMPACT:
The cost for the additions to the Police Department for Fiscal
Year 1990-91 is $151,619. Cost savings during the first half
of the fiscal year are sufficient to cover the recommended
additions.
ITEM' NO. 10
ITEM NO.
11
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER l~
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council
David F. Dixon, City Manager
January 24, 1991
Bus Shelter Agreement
RECOMMENDATION: It is recommended that the City Council refer the bus shelter
issue to a combined meeting of the Planning Commission and the Traffic Safety
Commission.
DISCUSSION: The City of Temecula has been approached by Tom Mendiola
requesting permission to erect bus shelters in the City of Temecula to facilitate the
establishment of a local/private transit system. Tom Mendiola is representing himself
as the Southwest County Management Company and is anxious to receive approval
from the City Council in erecting bus stops/shelters to augment and supplement the
cost of providing local transit service.
Tom's request has been forwarded to the City Attorney for review. The City Attorney
has reviewed and prepared a document setting forth conditions under which bus
stops/shelters could be constructed and maintained within the City of Temecula. In
a letter dated January 2, 1991 (copy attached), Scott Field, our City Attorney,
addresses the following important issues.
The risk that the City might face in approving the agreement as advertising bus
shelters may be inconsistent with the City's existing sign policy.
The City has not required a franchise fee or any City fees from the Southwest
County Management Company for the right to erect the shelters.
Page 2
3. To erect the aforementioned bus shelters, the applicant must apply for
encroachment permits noting the location of each shelter and filing the
necessary paperwork with the Engineering Department.
As there are a number of issues that need to be resolved, I would recommend that the
City Council refer the matter to a joint meeting of the Planning Commission and
Traffic Safety Commission as the issue of bus shelters affects both safety and
planning concerns.
Notwithstanding the above recommendation, the Council may desire to go on record
in supporting the request of Tom Mendiola, but holding off final approval until a report
is submitted from the joint meeting of the commissions.
VENTURA COUNTY 0FFIC~
2310 PONDEROSA DRIVE
SUITE I
CAMARILL0, CAL~FORNIA 93010
987-3468
LAW OFFICES
BURE~., WILLIAI~IS & 501tENSI~N
SUITE
COSTA MESA, CALIFORNIA
(714)
January 3, 1991
ONE WILSHIRE
624 SOUTH GRAND AVENUE, IITM FLOOR
L. 0,~ ANGELES, CAIIF0~NIA 90017
{~' i3) 239-0600
TELECORI EI~: {::' 13)
Mr. David Dixon
City Manager
City of Temecula
P.O. Box 3000
Temecula, California
92390
Re:
Proposed Bus Shelter Agreement Submitted By
SouthWest County ManaGement
Dear Mr. Dixon:
My office has reviewed as requested the proposed
bus shelter agreement submitted by SouthWest County
Management Company, ("SWCM#). The Agreement is basically in
order and similar to ones prepared by my firm for other
cities. We have prepared a revised Agreement which contains
additional protections for the City which were not in the
draft submitted by SWCM.
As a policy matter and potential legal issue, I
wanted to share with you my concern that allowing
advertising bus shelters which contain off-site advertising
may be inconsistent with the City's existing sign
policies. In particular, the City's current moratorium
prohibiting off-site signage, (i.e., billboards), could be
challenged if the City allows off-site advertising on bus
shelters. However, as the intent of the advertising revenue
from the shelters is to provide funds to pay operating costs
of a local transit service, the policy objectives of
facilitating this local transit service may be worth any
risk to the off-site advertising ban.
In the materials submitted to you by SWCM, there is
a letter from the Federal Urban Mass Transit Administration,
(#UMTA#), which indicates a need for a local subsidy to help
off-set operating costs of the transit system. The City of
Temecula is one source of revenue indicated for this
purpose. The revised Agreement reflects that the City is
waiving:the traditional franchise fee revenue as the City's
Mr. David Dixon
RE: Proposed Bus Shelter Agreement Submitted By SouthWest
County Management
January 3, 1991
Page 2
contribution or subsidy to this transit project. It may be
appropriate to have a review of the advertising revenue
projections to determine if the revenue level is sufficient
that some franchise fee should be charged. UMTA's letter
indicates that such information was presented to UMTA by
SWCM in their grant application. If initial revenue
projections do not indicate a sufficiently large revenue
stream to justify a franchise fee, the City may want to add
language to the Agreement that allows the City to review the
revenue stream on an annual basis and impose a franchise fee
at a later date.
I have included language in the Agreement which
requires any shel~er to be moved by SWCM if regional or
county transit systems begin to service the City and the
location of SWCM's shelters and the other transit system's
bus stops come into conflict. Also added is language which
requires SWCM to obtain an encroachment permit as the same
is required under Riverside County Ordinance No. 499 which
has been adopted by the City. Language in the Agreement has
been added which requires SWCM to have a "business plan"
which addresses the advertising regulations. In particular,
the Agreement requires that advertising not interfere with
traffic control or safety.
I hope this information is helpful to you. Once
you have had the opportunity to review the revised draft,
let me know if you would like my office or your office to
forward a copy of the revised agreement to SWCM. Please
feel free to contact me if you have any questions regarding
this matter.
Sincerely,
SCOTT F. FIELD
of BURKE, WILLIAMS & SORENSEN
City~Attorneys for
CITY OF TEMECULA
SFF/ggd/LTR115600
Enclosures
AN AGREEMENT BETWEEN THE CITY OF TEMECULA
AND SOUTHWEST COUNTY MANAGEMENT COMPANY
TO CONSTRUCT AND MAINTAIN ADVERTISING
DISPLAY BUS SHELTERS WITHIN THE CITY OF
TEMECULA, CALIFORNIA
THIS AGREEMENT, made and entered into this day
of , 1991, by and between the CITY OF TEMECULA, a
Municipal Corporation of the State of California, (the
"City"), and SOUTHWEST COUNTY MANAGEMENT COMPANY, a
California corporation, ("SWCM").
W I TNE S SETH
RECITALS:
A. City needs bus shelters, hereinafter referred
to as "shelters," at various locations throughout the City.
B. City desires to provide such shelters without
incurring costs and expenses therefor.
C. SWCM represents that it is willing to provide
such shelters under the terms and conditions hereinafter set
forth.
D. City is willing to provide SWCM with a right
to construct, erect, install, repair, maintain, and insure
such shelters on City-owned property, under the terms and
conditions hereinafter set forth.
E. SWCM is aware that permission to install said
shelters on public property is generally granted by
municipalities under a franchise which provides for a
franchise fee to be paid to the municipality; however, as
SWCM is proposing to operate a loca% transit system, the
customary franchise fee shall be waived provided SWCM
utilizes the advertising revenues therefrom for local
transit.
WHEREFORE, in consideration of the respective and
mutual covenants and promises hereinafter contained and made
and subject to all of the terms and conditions hereof, the
parties hereto do hereby agree as follows:
ggd/AGRl15600(1/4/91)
-1-
1. Grant of Right by City
City hereby grants to SWCM, on the terms
hereinafter described, the right to construct, erect,
install, repair, maintain, and insure shelters as described
in Exhibit "A," attached hereto and incorporated herein by
reference, at one-hundred (100) locations as determined by
SWCM and approved in writing by the City Manager.
a. Initial Installation. Within sixty (60)
days after the approval of this Agreement and
the issuance of all necessary permits, SWCM
shall have the first twenty-five (25) shelters
installed. As SWCM determines the need for
the remaining seventy-five (75) shelters, SWCM
may seek the written authorization of the City
Manager. The City Manager shall approve the
same if the request for all or part of the
remaining shelters is consistent with this
Agreement.
b. Fee Payable to City. SWCM agrees that
the right to construct, maintain, and
advertise on said shelters is generally
granted by municipalities under a franchise
which provides for a franchise fee to be paid
to the municipality. City agrees to waive
such franchise or use fee as to SWCM in return
for SWCM's promise to utilize the advertising
revenues for the operation of a local transit
system. Such sums shall be deemed to be
City's subsidy to SWCM to operate the local
transit system.
2. SWCM's Services.
SWCM agrees, at its own and sole cost and expense,
to perform as follows:
a. Scope of Services. SWCM shall construct
and'maintain one-hundred (100) shelters in the
City and upon City sidewalks or rights-of-way
at one-hundred (100) locations of the type as
specified in Exhibit "A."
b. Design of Shelters. Except as
hereinafter provided, said shelters shall be
so designed and constructed as to conform to
SWCM's drawings attached as Exhibit "A"
hereto. Each shelter shall have displayed in
ggd/AGRl15600(1/4/91)
-2-
a conspicuous place the name SWCM. Any design
changes shall be submitted to City for City's
written approval at least thirty (30) days
prior to installation. SWCM shall obtain
written approval of City's City Engineer of
all design changes before installation.
c. Requirements. A plan showing the
proposed location of each shelter and such
other information as the City Engineer may
require shall be submitted by SWCM. Detailed
plans and specifications of the shelters shall
also be provided by SWCM.
d. Permit Requirements.
SWCM shall purchase a City Business
License, if adopted, for each year
of business activity in the City.
II.
SWCM shall obtain a separate
building permit for each shelter.
III. SWCM shall obtain a separate shelter
permit from City for each shelter,
and each such shelter permit shall
be valid only for the particular
location specified therein. Each
application for a shelter permit
must be accompanied by the
following:
(1) A plan showing the proposed
location of each shelter and such
other information as City's City
Engineer may require.
(2) Detailed plans and
specifications of the shelter, if
different from those in Exhibit "A"
hereto.
(3) An affidavit or declaration
from SWCM reciting that SWCM has
caused the owner or person in lawful
possession or control of the real
property abutting on the public
street at the place where the
shelter is proposed to be located to
be served with notice. Such notice
ggd/AGRl15600(1/4/91)
-3-
shall state that SWCM will file an
application for a permit to erect
the shelter and that the person
receiving such notice may object to
the location of the shelter and that
such objection shall be filed with
City's City Engineer. Each notice
must be attached with the permit.
(4) Performance Security as
required hereafter in Paragraph 3,
"Performance Guarantees," of this
Agreement.
IV. SWCM shall obtain an electrical
permit for each location where use of
electricity is proposed.
V. SWCM shall apply for and seek to
obtain an encroachment permit from City
for each proposed shelter location
pursuant to the terms of Riverside County
Ordinance No. 499 as the same was adopted
by reference by City Ordinance No. 90-04.
e. Permit Charge. SWCM shall pay all fees,
costs, and permit charges regularly assessed
by City, unless waived by City. City will
issue, upon appropriate application, "no fee"
building, electrical, construction,
encroachment, and excavation permits. SWCM
further agrees that the shelters shall be
constructed in conformity with the Uniform
Building Code, as adopted by the City.
f. Repair and Maintenance. SWCM shall
maintain, repair, clean, and service the
shelters. SWCM shall be entitled to enter
upon and into shelters at any reasonable time
with personnel and all necessary materials,
including but not limited to electric wires,
meters, clockwork machinery, and other items
reasonably necessary for making said shelter
effective. All such work shall be performed
at the sole expense of SWCM. Each shelter,
and the immediate area around each shelter,
shall be cleaned and trash receptacles emptied
not less than two (2) times per week, and all
repairs completed within seventy-two (72)
ggd/AGRl15600(1/4/91)
-4-
hours of notification. Each shelter, and the
immediate area around each shelter, shall be
steam cleaned as needed but not less than
twice each year. If shelter damage or
vandalism is such that the public could be
exposed to a dangerous situation while in or
near the shelter, SWCM shall repair or, if
necessary, remove the entire shelter within
twenty-four (24) hours of notification, and it
shall be replaced and made fully operational
at the same location within five (5) working
days after removal.
SWCM shall furnish to City a written
monthly summary report of its shelter
maintenance operations. All maintenance work
and. corrective actions shall be performed at
the own and sole expense of SWCM.
SWCM's personnel, equipment, and/or
vehicles shall not block automobile or bicycle
travel lanes without proper warning signs and
traffic delineation devices properly placed in
accordance with the Work Area Traffic Control
Handbook, published by Building News, Inc.
g. Electricity. SWCM shall pay all sums
that may become due for electrical energy
supplied to the shelters and shall indemnify
City against any and all such costs.
h. Advertising. SWCM agrees that it shall
utilize the shelters for advertising material
only in accordance with the business plan
submitted and approved in writing by the City
Manager in advance of any advertising display
or copy being placed on any shelter. No
advertisement or sign on any shelter shall be
displayed which is likely to interfere with,
mislead, or distract traffic, or conflict with
any traffic control system. Should City, at
its sole discretion, determine any advertising
is likely to interfere with, mislead, or
distract traffic, or conflict with any traffic
control system, SWCM shall remove all such
advertising within twenty-four (24) hours
after City serves notice upon SWCM requiring
the removal of such advertising pursuant to
this paragraph. Failure by SWCM to remove
such advertising shall constitute breach of
ggd/AGRl15600(1/4/91)
-5-
this Agreement and, entitle City to remove the
same without further notice.
i. Site Location. The location of each
shelter shall be selected by SWCM and approved
in writing by the City Manager and a
memorandum as to the sites selected and agreed
upon shall be executed between the parties
hereto.
j. Shelter Removal. SWCM shall retain the
right to remove any shelter upon thirty (30)
days notice to City in the event the Federal,
State, Municipal, or other proper authorities
should hereafter establish any rules,
regulations, or taxations which shall so
restrict location, construction, maintenance,
or operation of the shelters as to
substantially diminish the value of said
shelters for advertising purposes, or in the
event of "chronic vandalism," as hereinafter
defined, or as set forth in subparagraph (2)
below.
(1) "Chronic Vandalism" shall be defined
as damage inflicted to an individual
shelter during any six (6) month period
which requires cumulative expenditures
for replacement and repair that exceed
the original cost of construction and
installation of the shelter.
(2) In the event City fails to receive
notice of renewal of any permit, the
Performance Guarantee Security, the
comprehensive general liability
insurance, or an~ of them, on or before
twenty (20) calendar days before the
expiration date thereof, or in the event
either or both the Performance Guarantee
Security or comprehensive general
liability insurance are canceled and no
evidence of equal coverage is filed with
City on or before twenty (20) calendar
days prior to the expiration date of
either coverage, or upon termination of
this Agreement for any reascn, SWCM
agrees to remove immediately all of its
shelters and if it fails to do so within
thirty (30) calendar days after notice to
ggd/AGRl15600(1/4/91)
-6-
do so is mailed by City, City shall have
the right to remove said shelters and
SWCM agrees to pay City, City's costs for
such removal and site restoration.
(3) Upon removal of any or all shelters
erected by SWCM hereunder, all material
shall be removed from the site,
including, but not by way of limitation,
all electrical wires, meters, and meter
pedestals. The site shall be restored to
the condition as it existed prior to
installation of the shelter, including
complete restoration of any sidewalk upon
which said shelter was located.
k. Shelter Relocation. City retains the
right to require relocation of any shelter for
the reasons set forth below. Relocation of
shelters due to bus route changes; street
widening; conflict or potential conflict
between any county, regional, or similar mass
transit system which may serve the City or
parts thereof; or for the convenience of
pedestrians and bus patrons shall be completed
by SWCM within thirty (30) days notice by
City, to new locations agreed upon in writing
by City and SWCM.
3. Performance Guarantees
SWCM shall post and maintain an irrevocable letter
of credit which will inure to the benefit of City, or
equivalent security approved by City, in the amount of
twenty-five thousand dollars ($25,000.00). SWCM's
irrevocable letter of credit shall remain in effect for the
duration of this Agreement to insure the faithful
performance of SWCM's covenants for construction,
maintenance, and repair or replacement of the shelters, and
restoration of shelter sites to their condition existing
prior to installation of the shelters, whenever a shelter is
removed or relocated.
4. Term
The term of this Agreement shall commence at 12:01
a.m., on the day following the approval of the first shelter
permit by City and shall continue for a term of ten (10)
years unless previously terminated as hereafter provided.
ggd/AGRl15600(1/4/91)
-7-
5. Termination
This Agreement may be terminated by City, or SWCM
with reasonable cause, upon giving the other party written
notice thereof not less than sixty (60) calendar days prior
to termination. Upon termination of this Agreement, either
by default or by expiration of its term, SWCM shall remove
the shelters and restore the respective public improvements
to their proper and original condition at SWCM°s own and
sole cost and expense.
6. SWCM Statutory and Regulatory Compliance;
Equal Opportunity.
a. SWCM shall comply with all applicable
federal, state, and local statutes and laws, rules, and
regulations.
b. SWCM shall specifically comply with Title
23 United States Code Section 131, Subdivision C and
regulations promulgated thereunder by the United States
Secretary of TransPortation.
c. SWCM shall further comply with California
Business and Professions Code, Division 3, Chapter 2,
Section 5200 et seq and specifically Sections 5408 to
5408.5.
safety standards.
Shelter advertising shall meet traffic
e. By signing this Agreement, SWCM certifies
that it doe§° not discriminate against any employee or
applicant for employment because of race, color, creed,
religion, sex, marital status, national origin, ancestry,
physical handicap, or medical condition, except as provided
in Labor Code Section 1420, in connection with employment,
upgrading, demotion, or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay, or other
forms of compensation and selection for training including
apprenticeship. Such affirmative action shall be in
accordance with the affirmative action guidelines adopted by
City. SWCM agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be
provided by City setting forth the provisions of this
nondiscrimination clause.
f. SWCM shall, in all solicitations or
advertisements for employees, placed by or on behalf of
SWCM, state that all qualified applicants will receive
ggd/AGRl15600(1/4/91)
-8-
consideration for employment without regard to race, color,
creed, religion, sex, marital status, national origin or
ancestry.
g. SWCM agrees to cause the foregoing
provision to be inserted in all subcontracts for any work
covered by this Agreement, so that such provisions will be
binding upon each subcontractor provided that the foregoing
provisions shall not apply to contracts or subcontracts for
standard commercial supplies or raw materials.
h. Noncompliance with the affirmative action
program will constitute a breach of the terms of this
Agreement.
7. Independent Contractor
a. SWCM is, and at all times hereafter shall
be, an independent Contractor of City during the term of
this Agreement. SWCM specifically recognizes and
acknowledges said status as an independent contractor and
not as an employee of City. All construction, maintenance,
and other personnel shall be employees of SWCM and not
employees of City. SWCM shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and
similar taxes relating to employees and shall be responsible
for all withholding taxes.
b. SWCM shall comply with all Federal and
State statutes and regulations relating to the
employer/employee relationship including, but not limited
to, minimum wage, non-discrimination, equal opportunity,
workers compensation, hazardous/unsanitary or dangerous
surroundings, the Fair Labor Standards Act 29 USCA Section
201 et seq., and the Immigration Reform and Control Act of
1986 8 USCA Section 245(a) et seq.
8. Insurance
a. SWCM shall obtain at its own and sole
cost and file with City's Clerk, prior to exercising any
right or performing any obligation pursuant to this
Agreement, and maintain for the period covered by this
Agreement, a policy or policies of liability insurance or a
certificate of such insurance, satisfactory to the City
Attorney of City, naming City, its officers, agents, and
employees, as insured or additional insured, which provides
coverage not less than that provided in the form of a
comprehensive general liability insurance policy against
liability for any and all claims and suits for damages or
ggd/AGRl15600(1/4/91)
-9-
injuries to persons or property resulting from or arising
out of operations of SWCM, its officers, agents, or
employees. Said policy or policies of insurance shall
provide coverage for both bodily injury and property damage
in not less than the following minimum amounts:
One Million Dollars
Bodily Injury
and
Property damage
and
$1,000,000.00
500,000.00
1,000,000.00
100,000.00
200,000.00
combined single limit.
per person
each occurrence
each occurrence
aggregate
Said Policy or policies shall also contain a provision that
no termination, cancellation, or change of coverage or of
insured or additional insured shal~ be effective until after
thirty (30) calendar days notice thereof has been given in
writing to City.. SWCM shall give to City prompt and timely
notice of any claim or suit instituted or arising out of
SWCM's operations hereunder. SWCM shall procure and
maintain at its own and sole cost and expense, any
additional kinds and amounts of insurance which, in its own
judgment, may be necessary for its proper protection in the
prosecution of the work.
9. Representatives and Notices.
City's City Manager shall be the representative of
City for purposes of this Agreement and may issue all
consents pursuant to this Agreement except as otherwise
expressly provided in this Agreement.
Tim Mindiola shall be the sole representative of
SWCM for purposes of this Agreement, and may enter into any
subordinate agreements with City pursuant to this Agreement
on behalf of SWCM.
Notices and written communications sent by one
party to the other shall be personally delivered or sent by
U.S. Mail, postage prepaid, to the following addresses:
If sent by SWCM to City:
City Manager
City of Temecula
P.O. Box 3000
Temecula, California 92390
ggd/AGRl15600(1/4/91)
-10-
If sent by City to SWCM:
Tim MindJoia, Owner
SouthWest County Management Company
45644 Master's Drive
Temecula, CA 92390
Any notices sent by U.S. Mail shall conclusively be deemed
to be served within ten (10) days following the deposit of
the same in the U.S. Mail.
10. Assignability.
SWCM shall not assign or transfer any interest in
this Agreement whether by assignment or novation without the
prior written consent of City.
11. Hold Harmless.
a. SWCM shall indemnify and save harmless
City, its officers and employees, from and against any and
all damages to property or injuries to or death of any
person or persons, including property and employees or
agents of City, and shall defend, indemnify and save
harmless City, its officers and employees, for any and all
claims, demands, suits, actions or proceedings of any kind
or nature, including, but not by way of limitation, workers'
compensation claims, resulting from or arising out of the
negligent acts, errors or omissions of SWCM, its employees
or agents.
b. City shall indemnify and save harmless
SWCM, its officers and employees, from and against any and
all damages to property or injuries to or death of any
person or persons, including property and employees or
agents of City, and shall defend, indemnify and save
harmless SWCM, its officers and employees, from and against
any and all claims, demands, suits, actions or proceedings
therefore, resulting from or arising out of the intentional
or malicious acts of City, its employees, or agents.
12. Validity.
The invalidity in whole or in part of any provision
of this Agreement shall not void or affect the validity of
the other provisions of this Agreement.
ggd/AGRl15600(1/4/91)
-11-
13. Governing Law.
In accordance with the Constitution and laws of the
United States of America, State of California, and City of
Temecula.
14. Entire Agreement.
This Agreement supersedes any and all other
agreements either oral or in writing, between the parties
hereto with respect to the subject matter thereof. This
Agreement is the final and exclusive expression of the
agreement between the parties and contains all of the
covenants and agreements between the parties with respect to
said matter, and each party to this Agreement acknowledges
that no representation, inducements, promises, or
agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are
not embodied herein.
15. Tax Interest.
SWCM recognizes and understands that this agreement
may create a possessory interest in SWCM subject to property
taxation and SWCM agrees to assume all liability and
responsibility for payment of property taxes levied on such
interest.
16. Gender and Number.
As used herein, the masculine shall include the
feminine and neuter, and the singular shall include the
plural.
IN WITNESS WHEREOF, the parties hereto have
executed this Agreement the date and year first above
written:
ATTEST:
CITY OF TEMECULA, a Municipal
Corporation of the State of
California
By:
June S. Greek
Deputy City Clerk
Ron Parks, Mayor
ggd/AGRl15600(1/4/91)
-12-
AS TO FORM:
Scott F. Field
City Attorney
SOUTHWEST COUNTY MANAGEMENT CO.
By:
(Signature)
Its:
[Typed Name]
(Title)
STATE OF CALIFORNIA
COUNTY OF ORANGE
s$.
On , 19 , before me, the
undersigned, a Notary Public in and for said county and
state, personally appeared
and , personally known to me (or proved to me
on the basis of satisfactory evidence) to be the persons who
executed the within instrument
as President and
Secretary, on behalf of , the
corporation therein named, and acknowledged to me that such
corporation ~'executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
(SEAL)
Name (typed or printed)
ggd/AGRl15600(1/4/91)
-13-
' · .., ....~ ~ .'1
U.&Oe~a~t
of Transpc~tation
Urban Mass
Transportation
Administration
REGION IX
Arizona, Califorma,
Hawa,, Nevada, Guam
211 Ma~n Street
Room 1160
San Francisco, California 94105
Mr. Tom Mindiola
General Manager
Temecula Valley Transportation
45644 Masters Drive
Temecula, California 92390
ILl,.,';
Re: Entrepreneurial Services
Program Proposal
Dear Mr. MindJoia:
It was a pleasure to discuss with you the Temecula Valley
Transportation Challenge Grant Proposal. The Office of Training,
Research, and Rural Transportation at UMTA Headquarters has
informed us that your proposal is acceptable provided that you are
able to adequately document a lease payment schedule and present
evidence of the self-sufficiency of your transit service after
Federal financial assistance stops. We were also informed that
Federal financial assistance will be available for your project
for the first two years. Documentation and support for the lease
payment schedule and evidence of self-sufficiency may be presented
with your grant application.
As you know, UMTA does not provide operating assistance under this
program. Very few transit operators conduct profitable business
without some form of private or public operating subsidy. You
should be sure that either the City of Temecula will provide
~/'future subsidy to your Company or that an alternate subsidy source
is available. Because Federal assistance is limited only to a
single grant to reimburse two years' lease or depreciation
expenses on the eight mini-buses, you also need to be certain of
the reliability of Valley revenue sources. It would be helpful if
local businesses would contractually agree to provide operating
assistance.
Your proposal states that charter revenue will augment operating
revenues. Unfortunately, UMTA is precluded from giving financial
assistance for the purchase of vehicles which are used for charter
operations. Regulation prevents the use of Pederal assistance by
public transit operators in competition with private operators.
Should Valley use the buses in charter service then the City will
be required to refund the proportional value of UMTA financial
assistance. You are therefore cautioned to ensure that none of
the Federal assistance is applied to charter service.
The grant application regulations governing your proposal are
those applicable to the Section 3 program. The regulations
governing the Section 3 program are extensive and complicated even
for a public entity long time in the transit business. Enclosed
are a few of the Circulars which either in whole or in part govern
this program. Further review will be required to determine which
of these requirements must be followed and which can be avoided.
These requirements include, both for the public sponsor and
Valley, regulations regarding Buy America, Davis-Bacon, Minority
Business Enterprise, Third Party Procurement, Charter and School
Bus, Section 13(c) Responsibility, and Section 504: Elderly and
Handicapped. As disclosed in UMTA Circular 9030.1A, the sponsor
must certify compliance with most of these regulations, as these
requirements also apply to Section 3 grants.
For the preparation of a Section 3 application, you may look
directly to UMTA Circulars 6100.lB. UMTA Circular 9100.lB,
Standard Assurances For Urban Mass Transportation Administration
Applications, describes standard assurances which are required for
Section 3 application approval. UMTA Circular 4702.1, Title VI
ProGram Guidelines For Urban Mass Transportation Administration
ReciPients, describes civil rights assurances which the City must
execute prior to the approval of a Section 3 grant. UMTA Circular
4220.1B, Third Party Contracting Guidelines, describes regulations
governing procurement activities which Valley must follow in the
leasing of vehicles under this grant. UMTA Circular 9500.1,
Intergovernmental Review of UMTA Planning. Capital, and Operatin~
Programs and Activities, describes the State review of grant
application prior to UMTA review. In Temecula's case, the
application would be directed to the metropolitan planning
organization, the Southern California Association of Governments.
Section 3 assistance will be approved only if your project is
incorporated into a Transportation Improvement Plan. Local
planning agencies, such as the Riverside County Transportation
Commission, coordinate all transit projects which affect their
jurisdictions, through such Plans. Lastly, UMTA Circular 5010.1A,
Urban Mass Transportation Project Management Guidelines for
Grantees, governs the accounting and fiscal reimbursement of UMTA
grants.
I have enclosed SF-424s and related documents which must be
completed and submitted with the application documents. I am also
forwarding & set of these documents to Mr. David Dixon, City
Manager, City of Temecula.
If you or ~he City have questions about grant application
procedures, please call Mr. John Hunt, Transportation
Representative, at (415) 744-3115.
Sincerely,
Enclosures
cc: Mayor Ronald J. Parks, City of Temecula Councilman J. Sal Munoz, City of Temecula
David Dixon, City Manager, City of Temecula (with enclosures)
Jack Reagan, Riverside County Transportation Commission
Mark Pisano, Southern California Association of Governments
TEHECULA VALLEY TRANSPORTATION
46644 Bas~ers i~rive
(eBzcula, Califm-ni,~ 02300
December 12, 1990
David Dixon, City Manager
City of Temecula
P.O. Box 5000
Temecula, CA 92590
SUBJECT: AGREEMENT FOR BUS SHELTERS
PER BUSINESS. PLAN FOR LOCAL TRANSPORTATION
Dear Mr. Dixon,
I am pleased to announce that I have been notified that our
application for the Challenge Grant Proposal for Entrepreneur
+ Government has been approved.
As a part of the master plan and business plan for the project,
advertising will provide the bulk of the money to provide the
service.
The following items are being established by our advertising
department (South West County Management Co.).
* Bus Shelters
* Designated Bus Stops / Benches
* Fares
Advertising Programs
* Routes'
* Future Expansion
Attached please find the agreement for the implementation of
the bus shelter program which is manditory for the success
of the program. Also attached is a blueprint of the shelter
and design of the shelter.
These shelters are being provided at no cost to the City through
a contract agreement between SWCM and the City of Temecula. The
agreement will provide for 100 shelters to be phased in as needed.
The first five locations are as follows:
Temecula Valley Transportation / Tom Mindiola, General Manager
SUBJECT: AGREEMENT FOR BUS SHELTERS PER BUSINESS PLAN FOR LOCAL
TRANSPORTATION December 12, 1990 page ~2
TOWN CENTER, RANCHO CALIFORNIA ROAD
PALOMAR PLAZA, RANCHO CALIFORNIA ROAD
JEFFERSON ROAD, WINCHESTER SQUARE SHOPPING CENTER
JEFFERSON ROAD, RANCHO/TEMECULA CENTER
PALM / PLAZA, YNEZ ROAD
Bus Shelters #1 through #5 will be installed in order first.
SWCM will cooperate with the City to provide the finest in
quality and service. This plan, will incorporate service for
the handicapped and elderly and is designed to reduce isolation
and prevent independent living while providing for the best in
safety and convenience of all citizens in the area of service.
Again, I would like to express my appreciation for your support
and sponsorship on the program. The Urban Mass Transportation
Agency staff in Washington D.C. called to congratulate us on the
program and to reinforce that they want to see the program work,
and will be doing everything possible to help.
Respec ull~
To~ ~- ~Min~iola, Repres~enta~ive
South West County Management Co. / for the best quality in adver-
tising.
ITEM NO. 12
APPROVAL ~
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
C/TY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
MEETING DATE
SUBJECT:
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY
JANUARY 24, 1991
JANUARY 29, 1991
COMMUNITY FACILITIES DISTRICT 88-12 (YNEZ CORRIDOR) -
SALES TAX AGREEMENT
RECOMMENDATION: That the City Council approve the Agreement entitled "Agreement
Regarding Sales Tax Revenues As To Businesses Located Within The Boundaries Of
Community Facilities District No. 88-1 2 (Ynez Corridor) Of The County Of Riverside, State
Of California", in substantially the form attached hereto with such changes and
modifications as approved by the City Manager and the City Attorney; and authorize the
execution and attestation of such agreement in its final form by the Mayor and City Clerk.
DISCUSSION: Prior to City incorporation the County established CFD 88-',2 (Ynez
Corridor). At that time, the County did so with the understanding that it would commit a
portion of the sales tax generated within the CFD to be used to repay the special tax
obligations of the parcels located within the CFD. Last March 20, 1990, the City Council
adopted Resolution 90-30 specifiying the terms and conditions under which the City would
enter into a similar agreement with the owners. (A copy of Resolution 90-30 is attached.)
At that time, it was contemplated that Resolution 90-30 would serve as a memorandum of
understanding, and would be followed by a formal sales tax agreement. Attached is such
an agreement. Its key provisions are as follows:
Sales Tax Reimbursement The City will annually reimburse the owners
of parcels within the CFD for the amount of their special tax according
to the following formula:
ao
If the amount of the bonds the District has issued do not exceed
$20 million, then the City will devote 25% of its share of the
sales and use tax (i.e., one quarter percent (I/4%) of the City's
one percent (1%)) to repay the debt.
Agenda Report - CFD 88-12 Sales Tax Agreement
Page 2
bo
For each additional $1 million of bonds the District issues, the
City shall devote an additional one and one quarter percent
(1.25%). By way of example:
$ of Bonds Issued Sales & Use Tax
$20,000,000.00
25%
$20,999,999.99
25%
$21,000,000.00
26.25%
The percentage of the sales tax to be devoted to the repayment
of the special tax shall not exceed fifty percent (50%) of the
Cit¥'s one percent (1%) share.
At this point in time, it is estimated that the special tax will exceed the
amount of available sales tax in the early years of the CFD. However,
the available sales tax will exceed the special tax in later years, and the
Agreement provides that any short-fall in the earlier years will be repaid
out of the additional sales tax available in the later years. The
Agreement further provides that the sales tax will first be used to
repay the special tax owing by the developed parcel that generates the
sales tax. Then, any additional sales tax will be used to pay for
undeveloped parcels. In this way, the Sales Tax Agreement
encourages the development of parcels, particularly towards
commercial, sales tax-generating developments.
'l~raffic Imoact Fees. At this time, the City is considering establishing a
traffic impact fee. The Agreement provides that the property owners
will participate in such a traffic impact fee program.
Dedication Of Property. Owners of parcels which abut Ynez Road or
Solano Way have agreed by way of the Sales Tax Agreement that they
will dedicate to the City such land as is necessary to accomplish the
widening of Ynez Road. Further, the property owners with land
necessary for the construction of the freeway loops and the Apricot
Crossing agree that the date of valuation for the land that must be
acquired by the City for construction of these improvements shall be
March 20, 1990, the date of Resolution No. 90-30.
Recoverv Of Part Of The Cost Of Widening Ynez. At the time of
adoption of Resolution No. 90-30, the Council took the position that it
would not pay for widening Ynez to the extent the widening would
have been a typical condition of development. Since Ynez is a six lane
street, it was concluded by the Council that the typical development
Agenda Report - CFD 88-12 Sales Tax Agreement
Page 3
would be required to install two lanes of roadway from the center line
as well as curb, gutter and sidewalk. Consequently, the Agreement
provides that property owners without such improvements on their
property agree that the issuance of building permits for their projects
along Ynez or Solano shall be conditioned on payment or repayment to
the City of the cost of construction of two lanes of roadway plus curb,
gutter and sidewalk.
Effect Of Aareement. Without voter approval of a general obligation
bond, the City does not have the authority to unqualifiedly and
irrevocably obligate itself to act to repay the special tax beyond the
current fiscal year. Consequently, this Agreement explicitly states that
the City retains its discretion to expend its sales and use tax revenues
acquired in any future fiscal year in any manner is which the City shall
deem appropriate.
ATTACHMENTS:
Sales Tax Agreement
Resolution No. 90-30
RESOLUTION 90-30
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REGARDING ITS INTENTION TO ASSIST
WITH THE FINANCING OF ROAD AND TRAFFIC AND
PARK FACILITIES OF REGIONAL BENEFIT WITHIN THE
CITY BY MAKING CERTAIN SALES TAX REVENUES
AVAILABLE FOR THE PAYMENT OF DEBT SERVICE ON
BONDS OF COMMUNITY FACILITIES DISTRICT NO. 88-12
0(NEZ CORRIDOR) OF THE COUNTY OF RIVERSIDE
WHICH MAY BE ISSUED TO FINANCE THE
CONSTRUCTION OF SUCH FACILITIES
WHEREAS, The County of Riverside (the "County") prior to incorporation, has
conducted proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended, Chapter 2.5 (commencing with § 53311) of Division 2 of Title 5 of the
Government Code (the "Mello-Roos Act"), for the establishment of Community Facilities
District No. 88-12 (Ynez Corridor) of the County of Riverside, State of California (the
"District"), the authorization of a bonded indebtedness for the District in an aggregate
principal amount not to exceed $60,000,000, and the levy of special taxes on parcels of
taxable property therein to pay the principal of and interest on bonds which may be issued
to represent such bonded indebtedness and to finance the design and construction of certain
public facilities; and
WHEREAS, all proceedings pursuant to the Mello-Roos Act with respect to the
establishment of the District, the authorization of the bonded indebtedness therefore and
the levy of special taxes on taxable property therein to pay the principal of and interest on
the bonds thereof have been completed except the elections pursuant to Sections 53326 and
53351 of the Government Code; and
WHEREAS, among the public facilities which are proposed to be financed with the
proceeds of the bonds of the District are the construction and widening of Ynez Road to
a six (6) lane width from the north property line of the property where the Advanced
Cardiovascular Systems building is located southerly to its intersection with Rancho
CaLifornia Road, the construction of the Apricot Street over-crossing of Interstate Highway
15, the addition of loop-ramps at the entrances of Rancho California Road and Winchester
Road to Interstate Highway 15, and the acquisition of land for the future development of
regional and local parks, and the acquisition of all or a portion of Solano Way, a portion
of Ynez Road at its intersection with Solano Way and all or a portion of certain water,
sewer, and storm drain improvements located therein, all of which will be of general benefit
to residents throughout the City of Temecula (the "City") and the surrounding area and
which facilities are not private projects but those required by the City and the County (the
"Public Facilities"); and
WHEREAS, the territory within the District is located entirely within the City and will
be developed for commercial, industrial and residential uses which will provide significant
sales and use tax revenues to the City; and
3\Reso~\90-30 03\26\90 2:19prn
Resolution No. 90-30
Page 2
WHEREAS, prior to the incorporation, the Board of Supervisors of the County, as
an inducement to the owners of the property within the boundaries of the District to
proceed with the financing of the construction of the Public Facilities and the development
of their property to provide such sales and use tax revenues agreed with the owners of
property within the District to annually appropriate and make available for the payment of
principal of and interest on the bonds of the District a portion of the sales and use tax
revenues received by the County from businesses and industries located within the District;
and
WHEREAS, now that the City has become incorporated, the County will not receive
any sales and use tax revenues from businesses and industries located within the District,
and all such revenues will be received by the City; and
WHEREAS, the owners of the property within the District have requested of the City
that the City enter into an agreement with them whereby the City will make sales and use
tax revenues received by the City from businesses and industries located within the District
available for the payment of the principal of and interest on the bonds of the District which
may be issued and sold to finance the construction and acquisition of the Public Facilities;
and
WHEREAS, in order to induce such owners and their successors and assigns
(hereafter the "owners of property") to proceed with the elections to be conducted by the
County authorizing bonded indebtedness for the District and the levy of special taxes on
taxable property therein to pay the principal of and interest on bonds which may be issued
and sold to represent such bonded indebtedness and to finance the Public Facilities, it is
desirable that the City enter into such an agreement with the County and with owners of the
property within the District; and
WHE~, the City also requires certain agreements from the County and the
owners of property within the District in order to make such sales and use tax revenues
available for the Public Facilities while assuring that funds will be available for other road
projects of benefit to City residents and the City may determine not to finalize an agreement
which does not contain corresponding agreements of the County and the owners of property
as set out in this Resolution; and
WHEREAS, since it is not possible for the City, the County and such owners to
negotiate the final terms and conditions of such an agreement and to have such an
agreement approved, authorized and executed on behalf of the City and the County an all
such owners prior to the last date upon which such elections can be held pursuant to Section
53326 of the Government Code, it is necessary and desirable that the City Council adopt
a resolution with regard to its intention to enter into such an agreement and to make a
portion of the sales and use tax revenues received by the City from businesses and industries
located within the District available to the County for the payment of the principal of and
03\26\90 2:19pm
Resolution No. 90-30
Page 3
interest on the bonds of the District which may be issued and sold to finance the Public
Facilities and specifying the general terms and conditions of such an agreement; and
WHEREAS, the City may request that the County limit the amount of bonds to be
authorized in such elections and issued to that necessary to fund the Public Facilities and
expenses incidental thereto; and
WHEREAS, since additional road and traffic facilities including, but not limited to;
the Public Facilities also are of benefit to property owners and residents of the City, it is
also equitable and desirable that the City Council proceed with the establishment of an
impact fee program, including but not limited to, the formation of a Bridge and Major
Thoroughfare Construction Fee District(s) pursuant to Section 66484 of the Government
Code, including the property within the District, and levy a fee as a condition to the issuance
of building permits to provide another source of revenue to finance the construction and
acquisition of, or to reimburse the District for such roads, bridges and traffic facilities,
throughout the City; and
WHEREAS, the owners of property within the District will be required to pay such
fees upon issuance of building permits and notwithstanding any prior agreement with the
County, to waive their rights to protest to the formation of such an impact fee district and
the levy and collection of a fee therein (reserving their rights to object to the method of
allocation of costs or fee apportionment); and
WHEREAS, as a portion of the Public Facilities to be financed are of local rather
than regional benefit, the owners of property within the District will be required to
reimburse the City, for the cost of such Public Facilities they otherwise would be required
to build with their own funds; and
WHERF. a~, it is anticipated that the costs of utility relocation for construction of the
Public Facilities will be borne by the affected utilities, but, in the event all or a portion of
such costs are not borne by the utilities, the City and owners of property shall divide such
costs;
NOW, THEREFORE, BE 1T RESOLVED, DETERMINED AND ORDERED BY THE
CITY COUNCIL OF THE CITY OF TEMECULA AS FOLLOWS:
SECTION 1 Recitals. The recitals set forth above are true and correct.
SECTION 2
Agreement by City. It is the intention of the City Council to negotiate
the terms and conditions of and to approve and authorize the
execution and delivery on behalf of the City of an agreement to be
entered into between the City, the County and all owners of property
within the District (the "Agreement") which, with regard to sales and
use tax revenues, will in general provide as follows:
3\ Re~:~¥~-30 03\26\90 2:19pm
Resolution No. 90-30
Page 4
(a)
(b)
(c)
(d)
(e)
When and if bonds of the District are authorized and issued by
the County in an mount sufficient to finance the Public
Facilities (plus inc/dental expenses), the City Council will
develop a system to annually appropriate and made a available
for the payment of the principal of and interest on such bonds
an amount equal to 25 percent of the sales and use tax
revenues received for each fiscal year by the City from business
and industries located within the District.
The City Council shall appropriate such sales and use tax
revenues each year of the term of the bonds, commencing with
the first year in which special taxes are levied on parcels of
taxable property in the District for the payment of interest or
principal on the bonds.
Notwithstanding the foregoing, the City Council has the
absolute authority in any fiscal year to determine not to make
such an appropriation and the failure or refusal of the City to
make such an appropriation shall not be determined to be a
breach of any agreement.
No part of the sales and use tax revenues received by the City
in any fiscal year shall be appropriated, made available or used
for the payment of principal of and interest on the bonds of the
District which are issued and sold to finance any public facilities
other than the Public Facilities.
For each fiscal year when sales and use tax revenues have been
appropriated by the City Council, such revenues shall be
allocated for the payment of special taxes as follows:
Up to 25 percent of the sales and use tax revenues
received during each fiscal year with respect to each
parcel of developed property (a parcel with a
commercial or industrial business located thereon and
with curb and gutter adjacent thereto) shall be allocated
proportionately to the payment of the special taxes
levied on all parcels of developed property for that fiscal
year. To the extend that the amount of the special taxes
levied on such parcels exceeds the amount of sales and
use tax revenues available to pay the special taxes, the
property owners shall pay the additional amount of any
special taxes owing (the "shortfall").
~\~\90-30 03\26\9f) 2:19pm
Resolution No. 90-30
Page 5
SECTION 3
(2)
In the event the mount of the sales and use tax
revenues available to be appropriated in any fiscal year
with respect to parcels of developed property is in excess
of the special taxes levied on such parcels for that fiscal
year, that excess shall be allocated proportionately to
pay or reduce all or a portion of the special taxes levied
on parcels of undeveloped property in the Distr/ct. To
the extent that the amount of the special taxes exceed
the amount of sales and use tax revenues available to
pay the special taxes, the property owner shall pay such
amount.
(3)
It is contemplated that in the later years of the
agreement the 25 percent of sales tax revenues
appropriated annually for the payment of principal and
interest on the bonds of the District may exceed the
amount of the special taxes levied on parcels of both
developed and undeveloped property. In the event of
such an excess in any future years the City shall
appropriate and make available such excess first to
reimburse each owner developed property pro rata for
the shortfall pursuant to subsection 1 hereof, and then to
the extent any excess remains to reimburse each owner
of undeveloped property or developed property pro rata
for special taxes paid pursuant to Subsection 2. Such
reimbursement shall be made without interest and shall
be credited first to the earliest fiscal year in which
special taxes were levied. In the event that there is no
such excess in any fiscal year, the City shall be under no
obligation to make such reimbursement.
Notwithstanding the foregoing, the City Council shall
have the absolute authority in any fiscal year to
determine whether of not to make this appropriation
and has no obligation to make any contribution or
reimbursement from any other funds of the City.
Traffic Impact Fees. The City Council intends to initiate, conduct and
complete proceedings to form a district and levy and collect traffic
impact fees, as allowed by law, including, but not limited to those
authorized pursuant to Section 66484 of the Government Code, to be
paid by the owners of property within the area of benefit as a
condition to the issuance of building permits to finance the design and
construction (or reimbursement to the District therefor) of road,
bridges and other traffic facilities which are of benefit throughout the
3\ R~.so~\90-30 03\~\90 2:19pm
Resolution No. 90-30
Page 6
City (the "Traffic Impact Fee") specifically including, but not limited
to, the cost of construction of the fifth and sixth lanes of Ynez Road.
(a)
The Agreement shall provide that the owners of property within
the District, notwithstanding any prior agreement with the
County, shall pay such a Traffic Impact Fee as determined by
the City upon the issuance of building permits.
(b)
The owners of property within the District also shall agree to
consent to the formation of a district for, and the levy and
collection of, a Traffic Impact Fee therein, and shall waive their
rights to protest such formation, levy or collection, but not to
object to the method of allocation of costs or fee
apportionment.
(c)
The City Council may but in no manner is required to elect in
any fiscal year, and the agreement provided for in Section 2
hereof shall so provide, to pay all or any portion of the special
taxes levied on parcels of taxable property in the District for the
payment of the principal of and interest on the bonds thereof,
which would otherwise be paid with sales and use tax revenues
appropriated by the City Council, with revenues of the Traffic
Impact Fees or other available funds, but the general revenues
or full faith and credit of the City shall not be pledged for such
payment.
SECTION 4
Facilities to be Financed. The Agreement shall provide that the
facilities which shall be financed with the proceeds of any bonds of the
District authorized, issued and sold shall include the following facilities
which are the Public Facilities, and any and all costs incidental thereto,
but in no event shall the City be obligated or required in any way to
contribute sales and use tax revenues for the payment of principal and
interest on bonds of the District issued and sold to finance other
facilities.
(a)
Construction of the Apricot Street over-crossing of Interstate
Highway 15 from Ynez Road to Jefferson Avenue, including the
acquisition of the right-of-way required on both sides of
Interstate Highway 15, at an estimated cost of $5,000,000;
(b)
The widening of Ynez Road to a six (6) lane width with turning
pockets at various intersections commencing from the north
property line of the property upon which the Advanced
Cardiovascular System plant is located southerly to its
3\ Reset\gO-30 03\26\90 2:19pm
Resolution No. 90-30
Page 7
SECTION 5
(c)
intersection with Rancho California Road, including the
acquisition of right-of-way, utility relocations, and utility
crossings (i.e., storm sewers, sanitary sewers, water mains, gas
mains, electrical facilities, traffic signal facilities relocation,
telephone and cable television facilities, etc), at an estimated
cost of $3,000,000;
The construction of the freeway loop-ramp at the southeast
quadrant of the entrance of Rancho California Road to
Interstate Highway 15, including the acquisition of the required
right-of-way, at an estimated cost of $1,000,000;
(d)
The construction of the freeway loop-ramp at the southeast
quadrant of the entrance of Winchester Road to Interstate
Highway 15, including the acquisition of the required right-of-
way, at an estimated cost of $1,000,000;
(e)
The acquisition of park land and/or the construction of
facilities, buildings, and equipment for local and regional park
and recreational purposes, at an estimated cost of $2,000,000;
and
(f)
The acquisition of all or a portion of Solano Way and a portion
of Ynez Road at their intersection and certain water and sewer
system and storm drainage facilities in Solano Way and Ynez
Road near said intersection, including the acquisition of right-
of-way therefor, which have been constructed to support the
auto park located at such intersection.
Sale of Bonds. With respect to the bonds of the District to be issued
and sold by the County, the Agreement shall provide as follows:
(a)
The bonds shall be sold in two or more; the first of which shall
be sold as soon as possible in an aggregate principal amount to
finance the design, construction and/or acquisition of the Public
Facilities described in Section 3(b) and (f) hereof and any and
all costs incidental thereto, and the second or later series of
which shall be sold as soon as possible after Cal Trans permits
have been obtained for the Public Facilities described in
Section 3(a), (c), (d) and (e), which series shall be in an
aggregate principal amount sufficient to finance the design
acquisition and/or construction of such Public Facilities and any
costs incidental thereto;
3\R~\90-30 03\26\9O 2:~gpm
Resolution No. 90-30
Page 8
(b)
SECTION 6
The aggregate principal amount of the any series of the bonds
issued and sold to finance the Public Facilities shall include a
reserve fund in such amount as is reasonably required, issuance
costs, underwriter's discount, and capitalized interest for not
more than eighteen months as well as the costs of
administration of the District and of the Agreement
contemplated by this Resolution;
(c)
The aggregate principal amount of the any series of the bonds
issued and sold to finance the Public Facilities shall also include
an amount sufficient to reimburse the owners of property within
the District for any amounts which they have advanced to the
County for the payment of costs and expenses incurred by the
County in connection with the establishment of the District and
the issuance and sale of that series of bonds;
(d)
The aggregate principal amount of the any series of the bonds
to be issued and sold to finance the PubLic Facilities shall be
determined by the County in consultation with its bond counsel
and financial consultant, the underwriter, the owners of
property within the District and the City; and
(e)
Any series of the bonds to be issued and sold to finance the
Public Facilities shall contain a provision which will permit their
call and redemption at the earliest practical date, as determined
by the County in consultation with its bond counsel and
financial consultant and the underwriter.
Conditions Precedent.
(a)
The City shall not be obligated to enter into an Agreement with
the County and the owners of property within the District as
contemplated in this Resolution, unless two-thirds of the votes
cast in the elections within and for the District on the
proposition of the District incurring a bonded indebtedness and
the proposition of the levy of special taxes on parcels of taxable
property therein to pay the principal of and interest on the
bonds of the District which may be issued and sold to represent
such bonded indebtedness and to finance the design and
construction of the Public Facilities are in favor of such
propositions, and the County is hereby authorized to provide for
the issuance and sale of the bonds of the District in an amount
sufficient to finance the design and construction of the Traffic
Facilities and to levy special taxes on all parcels of taxable
3\ Re.s~\90-30 (Y3\26\90 2:19pm
Resolution No. 90-30
Page 9
SECTION 7
SECTION 8
SECTION 9
property within the District in an aguegate mount sufficient
to pay the principal of an interest on such bonds of the District.
(b)
Notwithstanding the foregoing or any other provisions of this
Resolution in the event the County or owners of property fail
or refuse to consent to the agreements required in this
Resolution or other consideration acceptable to the City, the
City shall not be obligated or required to enter into any
agreement for the contribution of sales and use tax revenues.
Agreement and Cooperation of Owners. In addition to the agreements
set out in Section 2 and 3 hereof, the Agreement contemplated by this
Resolution shall further provide that:
(a)
The owners of property in the District agree that they will
execute and deposit with City, as an attachment to the
Agreement contemplated by this Resolution, an irrevocable
offer to dedicate the land necessary to widen Ynez Road as set
out in Section 3 hereof; and
(b)
The owners of undeveloped property further agree that the
issuance of building permits for their projects with frontage on
Ynez Road or Solano Way, or the intersection of Solano Way
and Ynez Road shall be conditioned on repayment to City of
the costs of construction of two lanes of Ynez Road and two
lanes of Solano Way plus curb, gutter, sidewalk and parkway
and two-thirds of the cost of any utility retocation not borne by
the utility. The precise allocation of such repayment shall be
determined pursuant to a formula to be developed by the City
Engineer. In addition, the City may place a contingent
assessment for such costs on the undeveloped property.
Property Acquisition. The Agreement contemplated by this Resolution
shall provide that to the extent property for the Public Facilities has
not been required to be dedicated by and therefore must be acquired
from the owners of property within the District, the date of valuation
for such property shall be the date of adoption of this Resolution.
Certification. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of March, 1990.
3\ Re.s~90-30 03\26\90 2:19pm
Resolution No. 90-30
Page 10
Ron Parks
Mayor
Depu~C~','
[SEAL]
Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 20th day of
March, 1990 by the following vote of the Council:
AYES: 5
NOES: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
Birdsall, Lindemans, Moore
Munoz, Parks
ABSENT: 0
COUNCILMEMBERS:
~__une S. Greek
Deputy City Clerk
03\22\90 10:25am
sff/AGRl16270v(01/22/91-
AGREEMENT REGARDING SALES TAX REVENUES
AS TO BUSINESSES LOCATED WITHIN THE BOUNDARIES
OF COM~I/NITY FACILITIES DISTRICT NO. 88-12
(YNEZ CORRIDOR)
OF THE COUNTY OF RIVERSIDE, STATE OF CA~LIFORNIA
THIS AGREEMENT is made and entered into this
day of , 1990, by and among ADVANCED
CARDIOVASCULAR SYSTEMS, INC., a California corporation, BANK
OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a
national banking association, DEL TACO RESTAURANT PROPERTY
III, a , GOOD LAND INVESTMENT, a
California limited partnership, BEDFORD DEVELOPMENT COMPANY,
a California corporation, TOMOND PROPERTIES, a general
partnership, NICOLAS E. TAVAGLIONE, NORTH COUNTY BANCORP, a
California corporation, PACIFIC SOUTHWEST REALTY COMPANY, a
Delaware corporation, RANCHO MOBILE HOME ESTATES, a limited
partnership, RANCHO REGIONAL SHOPPING CENTER, INC., a
California corporation, RANCHO VILLAGE ASSOCIATES, a limited
partnership, SAN DIEGO FEDERAL SAVINGS AND LOAN ASSOCIATION,
a , MARUBENI MOTOR SERVICE, INC., a
California corporation, WILLIAM P. and PATRICIA D. JOHNSON,
husband and wife, WORLDWIDE EXECUTIVE PROPERTIES, INC., a
California corporation, ATWOOD & ANDREWS DEVELOPMENT,
, JOHN and JUDY HARRISON,
VINCENT JOHNSON, ELI LILLY & COMPANY, ,
THOMAS E. and KATY GRIFFIN, and VMDT
-1-
sff/AGRl16270v(01/22/91 )
PARTNERSHIP, a Pennsylvania limited partnership, hereinafter
referred to collectively as the #Owners,# and the CITY OF
TEMECULA, a municipal corporation hereinafter referred to as
the "City.#
WITNE S SETH:
WHEREAS, prior to incorporation of the City, the
County of Riverside (the #County") initiated and conducted
proceedings pursuant to the Mello-Roos Community Facilities
Act of 1982., as amended, Chapter 2.5 (commencing with
§ 53311) of Division 2 of Title 5 of the Government Code
(the "Mello-Roos Act"), for the establishment of Community
Facilities District No. 88-12 (Ynez Corridor) of the County
of Riverside, State of California (the "District"), the
authorization of a bonded indebtedness for the District in
an aggregate principal amount not to exceed $60,000,000, and
the levy of special taxes on parcels of taxable property
therein to pay the principal of and interest on bonds which
may be issued to represent such bonded indebtedness and to
finance the design and construction of certain public
facilities; and
WHEREAS, all proceedings pursuant to the Mello-Roos
Act with respect to the establishment of the District, the
authorization of the bonded indebtedness therefor and of the
-2-
sff/AGRl16270v(01/22/9 S)
levy of special taxes on taxable property therein to pay the
principal of and interest on the bonds thereof have been
completed as of ; and
WHEREAS, the District is therefore authorized to
incur bonded indebtedness and issue bonds in an aggregate
principal amount not to exceed $60,000,000 to provide for
the construction of public facilities; and
WHEREAS, among the public facilities which are
proposed to be financed with the proceeds of the bonds of
the District are the construction and widening of Ynez Road
to a six (6) lane width from the north property line of the
property where the Advanced Cardiovascular Systems building
is located southerly to its intersection with Rancho
California Road, the construction of the Apricot Street
over-crossing of Interstate Highway 15, including the
acquisition of the right-of-way therefor, the addition of
loop-ramps at the entrances of Rancho California Road and
Winchester Road to Interstate Highway 15, the acquisition of
land for the future development of regional and local parks,
and the acquisition of all or a portion of Solano Way, a
portion of Ynez Road at its intersection with Solano Way and
all or a portion of certain water, sewer and storm drain
improvements located therein (the #Public Facilities"), all
of which projects are required by the city and the County
-3-
sff/AGRl16270v(01/22/91 )
and which will be of general benefit to residents throughout
the City and the surrounding area; and
WHEREAS, at a special election called by the County
pursuant to Government code § 53326, held on March 23, 1990,
two-thirds of the votes cast were in favor of the District's
incurring a bonded indebtedness to finance the Public
Facilities and the levy of a special tax to pay the
principal and interest on such bonded indebtedness, thereby
satisfying the condition precedent set out in Section 6 of
Resolution 90-30; and
WHEREAS, upon the issuance and sale of the bonds of
the District to finance the construction and acquisition of
the Public Facilities, special taxes approved at such
special election, will be levied commencing with FY
on the property comprising the District to pay the principal
of and interest on such bonds; and
WHEREAS, the territory within the District is
located entirely within the City and will be developed for
commercial, industrial and residential uses, and such
commercial and industrial uses will provide significant
sales and use tax revenues to the City; and
WHEREAS, the City will benefit both from the con-
struction of the Public Facilities and the increase in sales
and use tax revenues that will be derived from commercial
-4-
sff/AGRl16270v(01/22/97 ~)
and industrial businesses which locate within the District;
and
WHEREAS, the Owners own all property within the
boundaries of the District, a legal description of which is
attached hereto, marked as Exhibit A, and by this reference
incorporated herein, and intend to develop their property
within the District for commercial, industrial and residen-
tial uses consistent with the General Plan of the City; and
WHEREAS, prior to incorporation of the City, the
Board of Supervisors of the County, as an inducement to the
Owners to proceed with the financing of the construction of
the Public Facilities and the development of their property
to provide such sales and use tax revenues, agreed with the
Owners to annually appropriate and make available for the
payment of principal of and interest on the bonds of the
District a portion of the sales and use tax revenues
received by the County from commercial and industrial
businesses located within the District; and
WHEREAS, now that the City has become incorporated,
the County will not receive any sales and use tax revenues
from businesses located within the District, and all such
revenues will be received by the city; and
WHEREAS, the Owners have requested of the City that
the City enter into an agreement with them whereby the city
will make sales and use tax revenues received by the City
-5-
sff/AGRl16270v(01/22/91 )
from commercial and industrial businesses located within the
District available for the payment of the principal of and
interest on bonds of the District which may be issued and
sold to finance the construction and acquisition of the
Public Facilities; and
WHEREAS, on March 20, 1990, the city Council of the
City adopted Resolution 90-30 specifying the terms and
conditions under which the City will enter into such an
agreement with the Owners to make a portion of the sales and
use tax revenues received by the City from commercial and
industrial businesses located within the District available
for the payment of the principal of and interest on the
bonds of the District which may be issued and sold to
finance the construction and acquisition of the Public
Facilities; and
WHEREAS, the purpose of this Agreement is to set
forth terms and conditions consistent with those contained
in Resolution 90-30 whereby the City will appropriate and
make available for the payment of the principal of and
interest on such bonds a portion of the sales and use tax
revenues received by the City from businesses located within
the District;
NOW, THEREFORE, in consideration of the premises
and the mutual covenants and conditions hereinafter set
forth, the parties do hereby covenant and agree as follows:
-6-
sff/AGRl16270v(01/22/91-~
Section 1.
are true and correct.
Section 2.
RECITALS. The Recitals set forth above
PURPOSE. The city annually will retain
up to fifty percent (50%) of the revenues of all sales and
use taxes realized from the commercial and industrial
businesses located on Developed Parcels (hereinafter
defined) within the District for the Reporting Period. The
retention of said funds will be subject to the conditions
set forth in Sections 5 and 6 hereof and only sales and use
tax revenues realized from businesses located on Developed
Parcels will be so retained. Any and all such funds are to
be applied to reimburse the Special Tax (hereinafter
defined) that is to be levied on Parcels (hereinafter
defined) within the District consistent with Section 8
hereof. The sales and use tax revenues which are the
subject of this Agreement are the revenues from the one
percent (1%) of sales and use taxes which are collected for
the city by the State Board of Equalization pursuant to Part
1 (commencing with § 7200) of Division 2 of the Revenue and
Taxation Code.
Section 3. DEFINITIONS. When used in this
Agreement, the following terms shall have the meanings
specified below:
(a) "Parcel" or "Parcels" means a parcel or
parcels of land located within the boundaries of the
-7-
sff/AGRl16270v(01/22/9~ )
District as identified by the County Assessor of the County
of Riverside and owned by the Owners or their successors,
heirs or assigns.
(b) "Developed Parcel(s)# means a Parcel upon
which a commercial or industrial business is located as of
April 1 of any year and with curb and gutter adjacent
thereto.
(c) ~Public Facilities# means
(1) Construction of the Apricot Street
Overcrossing of Interstate Highway 15 from Ynez Road to
Jefferson Avenue, including the acquisition of the right-of-
way required on both sides of Interstate Highway 15;
(2) The widening of Ynez Road to a six
(6) lane width with turning pockets at various intersections
commencing from the north property line of the property upon
which the Advance Cardiovascular System plant is located
southerly to its intersection with Rancho California Road,
including the acquisition of right-of-way, utility
relocations, and utility crossings (i.e., storm sewers,
sanitary sewers, water mains, gas mains, electrical
facilities, traffic signal facilities relocation, telephone
and cable television facilities, etc.);
(3) The construction of the freeway
loop-ramp at the southeast quadrant of the entrance of
Rancho California Road to Interstate Highway 15, including
-8-
sff/AGRl16270v(01/22/9] ~)
the acquisition of the required right-of-way;
(4) The construction of the freeway
loop-ramp at the southeast quadrant of the entrance of
Winchester Road to Interstate Highway 15, including the
acquisition of the required right-of-way;
(5) The acquisition of park land and/or
the construction of facilities, buildings, and equipment for
local and regional park and recreational purposes; and
(6) The acquisition of all or a portion
of Solano Way and a portion of Ynez Road at their
intersection and certain water and sewer system and storm
drainage facilities in Solano Way and Ynez Road near said
intersection, including the acquisition of right-of-way
therefor, which have been constructed to support the auto
park located located at such intersection.
(d) ~Special Tax# or ~Special Taxes~ means the
Special Tax or Taxes to be levied by the Board of
Supervisors of the County during each fiscal year to pay the
principal of and interest on the portion of the bonds of the
District which is issued and sold to finance the
construction and acquisition of the Public Facilities.
(e) "Reporting Period" means that period from
April 1 of the preceding calendar year to March 31 of the
current calendar year.
(f) #Undeveloped Parcel(s)~ means Parcels which
-9-
sff/AGRl16270v(01/22/9' ~)
are not Developed Parcel(s).
Section 4. CONDITIONS PRECEDENT. The obligations
of the City under this Agreement are conditioned on the
District issuing and selling bonds to finance the
construction of the Public Facilities necessitating the
annual levy of the Special Taxes. The conditions specified
in Section 6 of Resolution No. 90-30 have been satisfied.
DETERMINATION AND PAYMENT OF SALES &
Section 5.
USE TAX RECEIVED:
A.
The City at its discretion, after
consulting with Owners, shall establish procedures pursuant
to the requirements of this Agreement to determine annually
the amount of the Special Tax, the sales and use taxes paid
by each Developed Parcel for each Reporting Year and to pay
to Owners such sales and use taxes according to the
following formula:
1. Twenty-five percent (25%) of the
sales and use tax if the amount of the bonds the District
has issued do not exceed Twenty Million Dollars
($20,000,000.00); and
2. One and one-quarter additional
percent (1.25%) of the sales and use tax for each additional
One Million Dollars ($1,000,000.00) of bonds the District
issues. By way of example:
-10-
sff/AGRl16270v(01/22/9] q)
$ of Bonds Issued
$20,000,000.00
$20,999,999.99
$21,000,000.00
Sales & Use Tax
25%
25%
26.25%
3. In no event shall the percentage
exceed fifty percent (50%).
B. Once any Special Tax paid in prior years,
but not reimbursed with sales and use tax, is paid pursuant
to Section 9, the percentage of the sales and use tax to be
paid to the Owners to reimburse their Special Tax shall be
readjusted annually so as to be sufficient to reimburse the
Owners for the Special Tax for the matching annual period.
C. City may establish a trust account or
subfund into which sales and use tax revenues may be
deposited. Any interest earned by such account shall be
retained therein and used for the same purposes.
D. City may determine to appoint or
designate a trustee or other employee to handle the
determination of sales and use tax proceeds to be
reimbursed.
E. Any such procedures shall provide for the
method by which City or its designee shall determine and
reimburse such amounts to Owners upon proof of payment of
-11-
sff/AGRl16270v(01/22/91 )
the Special Tax. The method of payment shall be determined
by city and a majority of the owners prior to finalization
of such procedures. All Owners shall be paid utilizing the
same method.
Section 6. APPROPRIATION OF SALES AND USE TAX
REVENUES. Notwithstanding any other term, covenant or
condition contained in any section of this Agreement, while
the City agrees to use its best efforts to appropriate sales
and use tax revenues each year throughout the term of this
Agreement, the City does not unqualifiedly and irrevocably
obligate itself so to act, nor to expend any funds of the
City, nor does the City incur any specific obligation or
indebtedness hereunder which shall extend beyond the fiscal
year of the city within which this Agreement shall have been
entered into, and the-City has and shall continue to have
and enjoy the absolute right to expend the sales and use tax
revenues accruing in any future fiscal year in any manner
which the City shall deem appropriate in the sole exercise
of its discretion. The City shall in no way be obligated to
make such appropriation if there are not sufficient funds in
the general fund of the City to do so. No part of such
specified deposits shall be appropriated or otherwise made
available or used either directly to design, acquire or
construct or pay principal and interest on bonds of the
District issued and sold to finance any improvements other
-12-
sff/AGRl16270v(01/22/91-
than the Public Facilities.
Section 7. SALES TAX INFORMATION. The Owners of
Developed Parcels must provide the City or its designee with
all of the information required by the document entitled
#Information on Sales and Use Tax Reporting and Required
Information# which is attached hereto, marked as Exhibit B,
and by this reference incorporated herein. It is the
obligation of the business and the Owner of the affected
Developed Parcel to provide the required information to the
City or its designee in a timely manner as determined under
Section 5 and to keep the information accurate annually
during the term of this Agreement. Failure to supply the
required information as set out herein will result in a
Developed Parcel not receiving any credit for sales and use
tax revenues received by the City for the business that is
located thereon for that fiscal year; provided, however,
that the failure of a Parcel to become a Developed Parcel or
of a Developed Parcel to receive a credit for sales and use
tax revenues shall not preclude the owner of the Parcel from
receiving the benefits of this Agreement.
Section 8. USE OF SALES AND USE TAX REVENUES.
Sales and Use Tax Revenues shall be paid to the Owners
pursuant to Sections 5 and 6 to offset the Special Tax
obligation of the Parcels within the District with respect
to the principal of and interest on the portion of the bonds
-13-
sff/AGRl16270v(01/22/9~
of the District which have been issued and sold to finance
the construction and acquisition of the Public Facilities in
the following manner:
(a) The sales and use tax revenues received during
a Reporting Period from a commercial or industrial business
located on a Developed Parcel will be applied to the Special
Taxes for the Developed Parcel(s), pursuant to the procedure
developed as set forth at Section 5.
(b) Should the sales and use tax revenues received
and applied to a Developed Parcel exceed the Special Taxes
for that parcel, the excess shall be applied pro rata to all
other Parcels (whether or not they are Developed Parcels),
the Special Tax for which has not been fully offset by the
application of sales and use tax revenues, so that the
Special Tax for all such Parcels shall as nearly as possible
be reduced by the same percentage.
(c) To the extent that such the amount of the
Special Tax on any Parcel in any fiscal year exceeds the
sales and use tax revenues applied to that parcel as set out
in subparagraphs (a) and (b) above, the Owners shall pay the
additional amount of such Special Tax for each such fiscal
year.
(d) Any revenues of sales and use tax remaining
after application thereof as provided in subparagraph (a)
and (b) above shall be transferred to the general fund of
-14-
sff/AGRl16270v(01/22/9r ~)
the City or made available for reimbursement pursuant to
Section 9 hereof.
Section 9. REIMBURSEMENT FOR PRIOR FISCAL YEARS.
It is contemplated that in the later years of the term of
this Agreement, the sales and use tax revenues received from
commercial and industrial businesses located on Developed
Parcels and to be appropriated annually by the City Council
for the payment of the Special Taxes pursuant to Section 5
may exceed the amount of the Special Taxes levied on all
Parcels. In the event of such an excess in any fiscal year
the City Council shall appropriate and make available such
excess first to reimburse the Owners of Developed Parcels
pro rata for Special Taxes which they paid in prior fiscal
years when sales and use tax revenues appropriated by the
City were not sufficient to pay the full amount of the
Special Taxes, and then to the extent any excess remains to
reimburse the Owners of Parcels which are not Developed
Parcels pro rata for such Special Taxes. Such reimbursement
shall be made without interest and shall be credited first
to the earliest fiscal year in which Special Taxes exceeded
sales and use tax revenues. In the event that there is no
such excess in any fiscal year, the City shall be under no
obligation to make such reimbursement. Notwithstanding the
foregoing, the City Council shall have the absolute autho-
rity in any fiscal year to determine whether or not to make
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sff/AGRl16270v(01/22/91 )
an appropriation of sales and use tax revenues pursuant to
this section, and shall have no obligation to make any con-
tribution or reimbursement pursuant to this Agreement from
any other funds of the City.
Section 10. TRAFFIC IMPACT FEES.
(A) The City Council shall initiate, conduct
and complete proceedings for formation of an area of benefit
or to levy and collect traffic impact fees, as allowed by
law, including, but not limited to, those authorized
pursuant to Section 66484 of the Government Code, to be paid
by the affected owners of property as a condition to the
issuance of building permits or final inspection to finance
the design and construction (or reimbursement to the
District or the Owners therefor) of roads, bridges and other
traffic facilities which are of benefit throughout the City
(the ~Traffic Impact Fees~) specifically including, but not
limited to, the cost of construction of the fifth and sixth
lanes of Ynez Road. Upon the establishment of Traffic
Impact Fees the Owners, notwithstanding any prior agreement
with the County, shall pay such Traffic Impact Fees as
determined by the City upon the issuance of building permits
or final inspection. The City Council may but is in no
manner required to elect in any fiscal year to pay all or
any portion of the Special Taxes levied on Parcels, which
would otherwise be paid with sales and use tax revenues
-16-
sff/AGRl16270v(01/22/9~
appropriated by the City Council pursuant to Sections 5 and
6 hereof, with revenues of the Traffic Impact Fees or other
available funds; provided, however, that neither the general
revenues nor the full faith and credit of the City is in any
manner pledged for such payment.
(B) The Owners hereby consent to the
formation of any district for, or the levy and collection
of, such Traffic Impact Fees, waive their rights to protest
such formation, levy or collection, but not to object to the
method of allocation of costs or fee apportionment.
Section 11. DEDICATION AND ACOUISITION OF PROPERTY.
(A) The Owners whose parcels have frontage on
Ynez Road or Solana Way hereby agree that they will execute
and deposit with the City irrevocable offers to dedicate the
land necessary to accomplish the widening of Ynez Road as
described at Section 3(c) (2) of this Agreement. The Owners
shall make the offer of dedication within thirty (30) days
of receiving written demand from the City for the land.
Attached as Exhibit D is a preliminary description of the
land necessary to be dedicated in order to widen Ynez Road
as described at Section 3(c) (2) of this Agreement. Owners
acknowledge that this description is preliminary, that they
may be required to dedicate land other than that depicted in
Exhibit D, and then they will be required to dedicate a
temporary construction easement beyond the land depicted in
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sff/AGRl16270v(01/22/9 ~)
Exhibit D.
(B) If any easement or right-of-way or parcel
of property which is necessary for construction of the
Public Facilities which has not been dedicated by any of the
Owners must be acquired by the City from the Owners, the
date of valuation of such right-of-way easement or parcel
for purposes of such acquisition shall be March 20, 1990.
Section 12. CONDITION OF BUILDING PERMITS. The
Owners of Parcels that are without curb, gutter, sidewalk or
four lanes of improved streets adjacent thereto as
of , 1990 agree that the issuance of building
permits for their projects with frontage on Ynez Road or
Solano Way or the intersection of Solano Way and Ynez Road
shall be conditioned on payment or repayment to the City of
the following:
(1) The costs of construction of two lanes of
Ynez Road or two lanes of Solano Way, or
if any Parcels have frontage on both Ynez
Road and Solano Way, two lanes of each of
said streets;
(2) Two-thirds of the cost of any utility
relocation not borne by the utility; and
(3) The cost of construction of the curb,
gutter, sidewalk and parkway fronting
said Owner,s Parcel(s).
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sff/AGRl16270v(01/22/91- %
The precise allocation of such payment or
repayment shall be determined pursuant to a formula to be
developed by the City Engineer. Further, the City may place
a contingent assessment for such costs on each such
Undeveloped Parcel. The form of the repayment shall be at a
reduction in the subsequent sales and use tax payments
provided at Section 5 and 6, until the amount has been
repaid.
Section 13. PAYMENT OF TAXES. Notwithstanding the
preceding provisions of this Agreement, no Parcel shall be
entitled to or receive benefit under this Agreement in any
fiscal year if property taxes and assessments levied thereon
in prior fiscal years are delinquent.
Section 14. TERM. This Agreement shall remain in
effect as long as the levy of special taxes is required to
pay that portion of the bonds issued and sold by the
District to finance the construction and acquisition of the
Public Facilities.
Section 15. INUREMENT. This Agreement shall be
binding upon and inure to the benefit of the parties hereto,
and to their respective heirs, executors, administrators,
successors and assigns.
Section 16. AUTHORITY. Each party hereto repre-
sents and warrants to the other parties that it has the
power and authority to enter into this Agreement, and that
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sff/AGRl16270v(01/22/9~
each person executing this Agreement on its behalf has been
duly authorized so to act for and on behalf of such party.
Section 17. INCORPORATION OF PROVISIONS REOUIRED
BY LAW. Each provision and clause required by law to be
inserted into this Agreement shall be deemed to be included
herein, and this Agreement shall be read and enforced as
though each such provision were included herein, it being
specifically provided that if through mistake or otherwise
any such provision is not inserted or is not correctly
inserted, this Agreement shall be amended to make such
insertion upon application by any party hereto.
Section 18. SEVERABILITY. Each section and
provision of this Agreement is severable from each other
provision, and if any provision or part hereof shall be
declared invalid, the remaining provisions shall neverthe-
less remain in full force and effect.
Section 19. ENTIRE AGREEMENT. It is expressly
agreed that this Agreement embodies the entire agreement of
the parties in relationship to the subject matter hereof,
and that no other agreement or understanding, verbal or
otherwise, relative to the subject matter hereof exists
between the parties at the time of execution, and that this
Agreement may be modified or amended only by a writing
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sff/AGRl16270v(01/22/91 )
signed by the duly authorized and empowered representatives
of each and all of the parties hereto.
Section 20. NOTICES. Any notices required or
permitted to be served by any party upon the others shall be
addressed to the respective parties as set forth below, or
to such other address as shall be designated by proper
notice given from time to time by the respective parties
hereto:
TO CITY:
City of Temecula
43172 Business Park Drive
Temecula, CA 92390
Attn: City Manager
With Copy To:
Scott F. Field, Esq.
City Attorney
Burke, Williams & Sorensen
3200 Bristol Street
Suite 640
Costa Mesa, CA 92626
TO OWNER(S):
Advanced Cardiovascular Systems, Inc.
26531 Ynez Road
Temecula, CA 92390
Atwood & Andrews Development
40791 Daily Road
Fallbrook, CA 92028
Bank of America Natl Tr & Svgs
P.O. Box 37000
San Francisco, CA 94137
Bedford Development Co.
P.O. Box 9016
Temecula, CA 92390
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sff/AGRl16270v(01/22/9L ~)
Del Taco Restaurant Prop III
345 Baker Street
Costa Mesa, CA 92626
Eli Lilly & Co
Lilly Corp Center
Indianapolis, IN 46285
Good Land Investments
2142 Lime Lane
Santa Ana, CA 92705
Thomas E. & Katy Griffin
31307 Santiago Road
Temecula, CA 92390
John & Judy Harrison
26755 Ynez Road
Temecula, CA 92390
Vincent Johnson
4275 Executive Sq., Ste. 1040
La Jolla, CA 92037
William P. & Patricia D. Johnson
29400 Rancho California Road
Temecula, CA 92390
Marubeni Motor Service, Inc.
333 S. Grand Avenue
Los Angeles, CA 90071
North County Bancorp
P.O. Box 1476
Escondido, CA 92025
Pacific Southwest Realty Co.
P.O. Box 2097, Ter~ Annex
Los Angeles, CA 90051
Rancho Mobile Home Estates
29994 Corte Cantera
Temecula, CA 92390
Rancho Regional Shopping Center
3470 Mt. Diablo Blvd., Ste. A100
Lafayette, CA 94549
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sff/AGRl16270v(01/22/91-~)
Rancho Village Assoc.
P.O. Box 1027
Temecula, CA 92390
Rancho Village Assoc.
29400 Rancho California Rd.
Temecula, CA 92390
San Diego Federal Savings
& Loan Assoc.
P.O. Box 85459
San Diego, CA 92138
Nicholas E. Tavaglione
3545 Central Ave., Ste 200
Riverside, CA 92506
Tomond Properties
P.O. Box 2159
Escondido, CA 92025
VMDT Partnership
1100 Ridge Pike No. 200
Conshohocken, PA 19428
Section 21. APPLICABLE LAW. This Agreement is made in
the State of California under the laws and constitution of such
State, and is to be so construed.
Section 22. COUNTERPARTS. This Agreement may be
executed in counterparts signed on behalf of the City and one or
more of the Owners. Each such counterpart shall be an original
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sff/AGRl16270v(01/22/S S)
agreement, but all such counterparts shall together constitute a
single agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement the day and year first above written.
CITY OF TEMECULA
RON PARKS, MAYOR
ATTEST:
DAVID F. DIXON, CITY CLERK
OWNER ( S )
By:
Title:
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sff/AGRl16270v(01/22/91-
EXHIBIT B
Information on Sales and Use
Tax Reporting and Required Information
By statute, the City of Temecula is to receive one percent of the
sales and use tax collected for transactions which occur within
the territory of the City. For the City to receive this one
percent, the reporting business must report the transaction as
having occurred within the City, or the tax proceeds will either
be retained by the State or paid over to another governmental
entity.
In order to verify that the City has received one percent from
the reported transactions of a particular business, the City must
have both the business identification number and the industry
code that have been assigned to the business by the State Board
of Equalization. The industry code is a two digit number and the
identification number is a fourteen digit number, the first of
five digits of which are letters. From the identification
number, certain additional information can be determined as to
the nature of the business and the reporting process required of
it. At this point, an example is necessary - the following
identification number is fictitious:
SREHA 101010000
The initial two letters indicate whether the reporting business
has single or multiple business locations from which reportable
transactions occur. If the initial two letters are "SR", "SS" or
"SX", the reporting business is considered to have a single
location which does not require any apportionment of the sales
and use tax reported. If the initial two letters are "FY" or
#SZ", then multiple business locations are indicated requiring an
apportionment of the sales and use tax between the locations and
the filing of form BT-530, Schedule C. It is not uncommon for a
business, once it begins to expand, to fail to report to the
State Board of Equalization that it has multiple locations
requiring a new identification number. There is no penalty for
failing to do so.
The governmental entity that will receive the one percent of
sales and use taxes for a business is determined by a five digit
area code that appears on the permit issued by the State Board of
Equalization as well as the return filed by the reporting
business. The area code for the City of Temecula is
If this number does not appear on the return, if a single
location business, or on the form BT-530, Schedule C, if a
B-1
sff/AGRl16270v(01/22/9~ ~)
multiple location business, the City will not receive any sales
and use tax revenues from the State Board of Equalization.
If a single location business has relocated its business to
within the City, but retained an alternate address either for
receipt of mail or reporting sales taxes, there is a real
likelihood that the area code on the return for the business is
incorrect and the wrong governmental entity is receiving the one
percent. Similarly, an expanding business with more than one
business location will need to inform the State Board of
Equalization of that fact, receive a corrected or new identi-
fication number, and file the appropriate forms with its return.
The property owner of any parcel within the District must provide
or cause to be provided to the Finance Director of the City of
Temecula the Assessor's Parcel Number for the affected parcel and
a copy of the Sales Tax Permit issued by the California State
Board of Equalization to the business located on the affected
parcel.
B-2
ITEM NO. 13
CITY ATTORNEY( ~F'l-- j
FINANCE OFFICER '--'--~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
MEETING DATE
SUBJECT:
CITY MANAGER/CITY COUNCIL
SCOTT F. FIELD, CITY ATTORNEY
JANUARY 23, 1991
JANUARY 29, 1991
COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR)
- APPROVAL OF THREE JOINT FINANCING AGREEMENTS
RECOMMENDA T/ON: That the City Council approve (a) the Joint Financing Agreement by
and between the City and CFD No. 88-12; (b) the Joint Financing Agreement by and
among the City, CFD No. 88-12, Eastern Municipal Water District and Tomond Property,
and (c) the Joint Financing Agreement by and between the City and Tomond Property, in
substantially the forms attached hereto with such changes and modifications as approved
by the City Manager and the City Attorney; and authorize the execution and attestation of
such agreements in their final forms by the Mayor and City Clerk.
DISCUSSION: On September 26, 1989, the County of Riverside (the "County")
established Community Facilities District No. 88-12 ("CFD No. 88-12") pursuant to the
Mello-Roos Community Facilities District Act of 1982 (the "Act") to finance the acquisition
· and construction of certain public facilities including roadways, storm drain facilities, water
and wastewater facilities and park and recreation facilities (the "Facilities"). The
boundaries of CFD No. 88-12 lie within the boundaries of the City.
On March 20, 1990, the City adopted Resolution No. 90-30, which stated the
City's general support for CFD No. 88-12 and identified the Facilities whose acquisition or
construction the City would support. On March 23, 1990, an election was held in which
more than two-thirds of the votes cast approved of (a) CFD No. 88-12 incurring bonded
indebtedness in an aggregate principal amount not to exceed $60,000,000 and (b) the
levy of a special tax to pay, among other things, debt service on such bonds and
administrative expenses of CFD No. 88-12.
Agenda Report - CFD 88-12 Joint Financing Agreements
Page 2
CFD No. 88-12 presently anticipates issuing the first series of such bonds in an
estimated amount of $13 million with a closing in mid to late February. Certain of the
Facilities are to be constructed by others on behalf of CFD No. 88-12 and owned by public
entities other than CFD No. 88-12. Therefore, it is necessary to have joint financing
agreements between these entities pursuant to Section 53316.2, 53316.4 and 53316.6
of the Act. These agreements, if approved, will become effective as of the date CFD No.
88-12 sells and issues the first series of bonds. A short summary of each of the attached
joint financing agreements is set forth below.
Road FacEities Agreement
The first of the attached agreements is the "Joint Financing and Acquisition
Agreement Between Community Facilities District No. 88-12 (Ynez Corridor) of the County
of Riverside and the City of Temecula" (the "Road Facilities Agreement") relating to the
construction, acquisition and ownership of the following road facilities: acquisition of
-Solano Way, widening of Ynez Road, construction of Apricot Crossing, construction of
freeway loops at I-15 and Rancho California and Winchester, and $2,000,000 for
acquisition and development of a park site (see Exhibit B for a detailed listing of the
improvements).
Except for the acquisition of Solano Way, these Facilities will be constructed by the
City as public works. The City is responsible for engineering design of the Facilities, as
well as for administering the construction contracts, inspecting the Facilities during
construction and preparing and executing a Notice of Completion for the finished Facilities.
Costs incurred by the City prior to the sale of the first series of bonds will be paid
from the proceeds of the initial series. All design, engineering, construction and
administration costs for the City pursuant to the Road Facilities Agreement will be paid out
of bond proceeds upon proper submission of a payment request form. On or before July 1
of each year, the City will submit to CFD No. 88-12 an itemized budget of expenses it
estimates it will incur for the coming year, including costs to administer the Sales Tax
Agreement. CFD No. 88-12 will cause such amount to be calculated into the Special Tax
and the City will submit bills throughout the fiscal year to the Fiscal Agent for payment of
expenses actually incurred.
Upon completion of the construction and acceptance by the City of the Road
Facilities, such facilities will be the sole and separate property of the City and will be
operated, maintained and utilized by the City to serve the properties within CFD No. 88-
12.
Agenda Report - CFD 88-12 Joint Financing Agreements
Page 3
Sewer Facilities Agreement
The second of the attached agreements is the "Joint Financing and Acquisition
Agreement Among Community Facilities District No. 88-12 (Ynez Corridor) of the County
of Riverside, Eastern Municipal Water District, the City of Temecula and Tomond Property,
a California Limited Partnership" (the "Sewer Facilities Agreement") relating to the
construction, acquisition and ownership of certain sewer facilities. Certain of the sewer
facilities were constructed by Tomond Properties and, pursuant to the Sewer Facilities
Agreement, will be acquired by CFD No. 88-12 from the proceeds of the bonds issued by
CFD No. 88-12 on behalf of Eastern Municipal Water District (EMWD) and, upon
conveyance of such facilities, EMWD will maintain and own them.
CFD No. 88-12 bonds will also pay for the design, engineering and construction of a
sewer line west of Ynez and east of 1-15. This facility will be constructed by the City as a
public work and then conveyed to EMWD to own, operate and maintain. The City is
responsible for the preparation, solicitation and award of the bids for the sewer facility.
EMWD will approve the bid documents, inspect the construction of the sewer line, and
approve change orders.
Upon completion of the construction and acceptance by EMWD of the Sewer
Facilities, such facilities will be the sole and separate property of EMWD and will be
operated, maintained and utilized by EMWD to serve the properties within CFD No. 88-12.
Prior to such acceptance, the City will be responsible for the maintenance of the Sewer
Facilities to be constructed.
Property Owner Agreement
The third joint financing agreement is the "Joint Financing and Acquisition
Agreement Between the City of Temecula and Tomond Property, a California Limited
Partnership" (the "Property Owner Agreement"). Pursuant to the Road Facilities
Agreement, Solano Way was constructed on behalf of CFD No. 88-12 for ownership by
the City. By this Agreement, the City agrees to accept such Road Facilities upon receipt
of recorded Notices of Completion from Tomond Property. Prior to such transfer, Tomond
Property will be responsible for the maintenance of such facilities. Upon conveyance, the
City will become the sole and separate owner of these Road Facilities and agrees to be
responsible for the maintenance thereof.
A TTA CHMENTS:
The Joint Financing Agreement by and between the City
and CFD No. 88-12; and
The Joint Financing Agreement by and among the City, CFD
No. 88-12, Eastern Municipal Water District and Tomond
Property; and
The Joint Financing Agreement by and between the City
and Tomond Property.
FISCAL IMPACT: All City costs to be reimbursed from CFD 88-12.
JOINT FINANCING AGREEMENT BETWEEN
COMMUNITY FACILITIES DISTRICT NO. 88-12
OF THE COUNTY OF RIVERSIDE AND
THE CITY OF TEMECULA
THIS JOINT FINANCING AGREEMENT (the "Agreement") is made
and entered into as of February 1, 1991, by and between COMMUNITY
FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE (YNEZ
CORRIDOR), a legally constituted governmental entity organized and
existing pursuant to Division 2, Part 1, Chapter 2.5 of Title 5 of
the California Government Code (hereinafter "CFD No. 88-12") and
the CITY OF TEMECULA, an incorporated municipality (hereinafter
"CITY" ) .
RECITALS
A. The owners of more than 10 (ten) percent of the
property within the boundaries of CFD No. 88-12, as shown on
Exhibit "A" which is attached hereto, filed an application and a
written petition with the County of Riverside (the "County") to
establish CFD No. 88-12 pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended, commencing with Section 53311
of the California Government Code (the "Act") to finance the
acquisition and construction of certain public facilities
hereinafter defined, including all incidental expenses to be
incurred in connection therewith.
B. The Board of Supervisors of the County (the "Board"),
after determining said petition sufficient, adopted Resolution No.
89-390 (the "Resolution of Intention") and Resolution No. 89-391
on July 25, 1989 that respectively stated the Board's intention to
form CFD No. 88-12 for the purpose of financing the construction
and acquisition of certain enumerated public facilities and to
incur bonded indebtedness in an aggregate principal amount not to
exceed $60,000,000 to pay for the construction and acquisition of
said facilities. Both Resolutions called for a noticed public
hearing with regard to all matters regarding the formation of CFD
No. 88-12 and the incurrence of bonded indebtedness.
C. On August 29, 1989 the Board opened the public
hearing and continued the hearing to September 26, 1989 at which
time the hearing was closed. Upon closing said hearing, the Board
adopted Resolution No. 89-449 (the "Resolution of Formation")
establishing CFD No. 88-12, which has those boundaries as shown on
Exhibit "A", and authorizing the levy of a special tax (the
"Special Tax") within CFD No. 88-12 and Resolution No. 89-450
determining the necessity to incur bonded indebtedness. Both
Resolutions called for a special election to be held as required
by the Act.
D. On November 7, 1989 the registered voters living
within the proposed boundaries of the City of Temecula voted to
incorporate. The effective date of said incorporation was
December 1, 1989. The territory within CFD No. 88-12 is within
the boundaries of the CITY.
E. On January 9, 1990 the B~ard, acting in its capacity
as the legislative body of CFD No. 88-12, adopted Resolution No.
90-46, amending Resolution No. 89-449, and Resolution No. 90-47,
amending Resolution No. 89-450. Both amending Resolutions
designated March 23, 1990 as the date for the special election.
F. The CITY adopted Resolution No. 90-30 on March 20,
1990 stating its general support for CFD No. 88-12 and identifying
those public facilities whose acquisition or construction by CFD
2
No. 88-12 it would support.
G. On April 3, 1990 the Board canvassed the election
results of the special election held on March 23, 1990, and
determined.that the qualified electors within CFD No. 88-12 voted
by a majority in excess of two-thirds of the votes cast to approve
CFD No. 88-12 incurring bonded indebtedness in an aggregate
principal amount not to exceed $60,000,000 and the levy of the
Special Tax to pay debt service on any bonded indebtedness
incurred, to pay the administrative expenses of CFD No. 88-12, and
to replenish any reserve fund established by CFD No. 88-12 to the
extent allowed by the maximum rate of the Special Tax.
H. The validity of the Special Tax and the issuance of
bonds by CFD No. 88-12 was confirmed by a judgment entered in the
Superior Court of the State of California in.and for the County of
Riverside on June 20, 1990 in the case of County of Riverside on
Behalf of Community Facilities District No. 88-12 ¢Ynez Corridor)
v. All Persons. etc., et al. (Case No. 204581).
I. Certain of the public facilities to be acquired or
constructed by the proceeds of bonds to be issued and sold by CFD
No. 88-12 are, upon acquisition or construction, to be owned and
maintained by the CITY. Those specific public facilities are
enumerated and described in Exhibit "B" hereto, and by this
reference incorporated herein, and shall be identified as the
"Road Facilities".
J. CFD No. 88-12 anticipates issuing and selling an
initial series Of bonds (the "Series 1991 Bonds") to pay for the
acquisition of certain of the Road Facilities, as identified on
Exhibit "B", and to pay for the design, engineering and
construction of certain Road Facilities, as identified on Exhibit
"B". It is presently anticipated by CFD No. 88-12 that one or
more additional series of bonds will be sold to pay for the
design, engineering and construction of additional Road
Facilities, also identified on Exhibit "B".
K. CFD No. 88-12 and the CITY desire to enter into this
Agreement pursuant to Sections 53316.2, 53316.4 and 53316.6 of the
Act.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, the parties agree as follows:
1. Sale of Bonds and Use of Proceeds. CFD No. 88-12
shall proceed to issue and sell bonds in one or more series at
such time and in such amounts as CFD No. 88-12~ in its discretion
after consultation with the CITY, may determine to be
appropriate. The principal amount of any series shall include,
but not be limited to, the costs of the public facilities to be
acquired or constructed, a reasonable amount for underwriting fee,
a bond reserve fund, capitalized interest, gross funded for a
period determined appropriate by CFD No. 88-12, bond issuance
costs and all such incidental costs as may be permitted by the Act
and applicable law and approved by CFD No. 88-12. The amount of
bonds to be sold in any series shall be determined in consultation
with the CITY and will represent, in part, that amount which the
CITY, in good faith, has determined can be expended within
twenty-four (24) months of date on which bond proceeds would be
available for the design, engineering, construction and
acquisition of the Road Facilities. The proceeds from the sale of
any series of bonds shall be deposited, held, invested and
reinvested as provided in a bond indenture or any supplement
thereto, between CFD No. 88-12 and Security Pacific National Bank,
as Fiscal Agent (the "Fiscal Agent"), or successor Fiscal Agent,
regarding the particular series of bonds issued and sold by CFD
No. 88-12. Resolution No. 91- providing for the issuance and
sale of the Series 1991 Bonds approved a Bond Indenture (the
"Indenture") between CFD No. 88-12 and the Fiscal Agent.
2. Sale of the Series 1991 Bonds. On or about
February __, 1991, CFD No. 88-12 shall offer the Series 1991
Bonds in the aggregate principal amount of $ for
sale to Stone & Youngberg, or other underwriter acceptable to CFD
No. 88-12, pursuant to the Act to fund the acquisition and
construction of the Road Facilities as so identified in Exhibit
"B". The proceeds of the Series 1991 Bonds are to be used for the
purposes substantially set forth in the Receipts and Disbursement
Schedule attached hereto as Exhibit "C" and by this reference
incorporated herein.
3. Reimbursement to CFD No. 88-12 for Costs Incurred
Prior to Sale of Bonds. CFD No. 88-12 is to receive one quarter
of one (.0025) percent of the principal amount of any series of
bonds issued and sold by CFD No. 88-12 to cover its costs incurred
during the formation of CFD No. 88-12 and in preparing and coordi-
nating the sale of each series of bonds. This amount represents
all administrative, legal and other incidental expenses incurred
by CFD No. 88-12 during the formation of the CFD No. 88-12 and
prior to the issuance and sale of the Series 1991 Bonds. The
amount is to be paid only from the proceeds of the bonds.
4. Reimbursement of Costs Incurred by CITY Prior to the
Sale of the Series 1991 Bonds. On the date of delivery of the
Series 1991 Bonds and receipt of the proceeds therefor, CFD No.
88-12 shall cause to be paid to the CITY from the Construction
Account (the "Construction Account") of the Acquisition and
Construction Fund established by the Indenture those amounts shown
on Exhibit "D" hereto. Exhibit "D" lists those costs incurred or
advanced by the CITY for the design and engineering of the Road
Facilities and incidental costs related thereto, including legal
and administrative expenses.
5. Reimbursement of Costs Incurred by Property Owners
Prior to Sale of the Series 1991 Bonds.
(a) CFD No. 88-12 and the CITY acknowledge that
those property owners listed on Exhibit "E" hereto expended or
advanced those amounts shown on Exhibit "E" for a special tax
consultant, appraisal fees, and fees of other consultants employed
in connection with the formation of CFD No. 88-12, the financing
of the public facilities and the issuance of the Series 1991
Bonds. Those amounts shown on Exhibit "E" shall be paid to the
persons or entities identified on Exhibit "E" from the Cost of
Issuance Account (the "Cost of Issuance Account") of the
Acquisition and Construction Fund established by the Indenture.
(b) CFD No. 88-12 and the CITY acknowledge that
those property owners listed on Exhibit "F" hereto expended or
advanced those amounts shown on Exhibit "F" to pay for design and
engineering costs associated with the Road Facilities. Those
amounts shown on Exhibit "F" shall be paid to the persons or
entities identified on Exhibit "F" from the Construction Account.
6
CITY represents to CFD No. 88-12 that these costs are included in
the engineering and design costs shown on Exhibit "B".
6. Facilities to be Acquired. Certain of the Road
Facilities, as identified on Exhibit "B", were substantially
constructed by Tomond Properties, a California general
partnership, prior to the adoption of the Resolution of
Formation. Consistent with the Act and this Agreement, CFD No.
88-12 will acquire on behalf of the CITY and the CITY will accept
said Road Facilities. CITY is to prepare those deeds or easements
by which dedication or transfer of title to the CITY of the land
or rights-of-way on and over the property on which said Road
Facilities are constructed is to be made. Conveyance of title to
the CITY of said Road Facilities shall be free of all liens and
encumbrances except those easements and other matters of record
that will not interfere with the use or maintenance of said Road
Facilities. The price to be paid for each of the Road Facilities
to be acquired is as shown on Exhibit "B". Upon transfer of
title, the CITY will have the obligation to maintain such Road
Facilities consistent with its procedures for the use and benefit
of persons owning property, residing or working within the
boundaries of CFD No. 88-12.
7. Acquisition and Development of a Park Site.
(a) The CITY has not determined the site that it
desires to acquire or develop with proceeds from the Series 1991
Bonds for use as a park. The CITY agrees that it will cause the
park to be designated within two (2) years of the date on which
CFD No. 88-12 sells the Series 1991 Bonds. The CITY further
agrees that the park site will satisfy the following criteria as
specified by the Act, the Resolution of Intention, Bond Counsel
and Counsel to CFD No. 88-12:
(1) The proceeds from the Series 1991 Bonds will be used
to construct, purchase, expand, improve or
rehabilitate real or other tangible property with
the resulting park having an estimated useful life
of five (5) years or longer.
(2) The park will be located within CFD No. 88-12 or
benefit persons owning real property or working or
living within CFD No. 88-12, benefit to be
determined by Bond Counsel and Counsel to CFD
No. 88-12 consistent with applicable law.
(3) The park will be owned, operated and maintained by
the CITY.
8. Design and Engineering of Road Facilities to be
Constructed. The CITY shall employ a properly qualified
registered civil engineer (the "Design Engineer") to design and
prepare detailed bid documents, construction plans, and
specifications for the Road Facilities identified on Exhibit "B"
that are to be constructed by the CITY. Upon submission by the
CITY of a Payment Request Form (the "Payment Request Form") as
specified by the Indenture to the Fiscal Agent and a'duplicate to
CFD No. 88-12, proceeds in the Construction Account will be paid
to the individuals or entities identified in the amounts specified
to pay for the design and engineering costs, including any amounts
necessary to reimburse the CITY for its administrative costs
incurred in reviewing and approving the plans, specifications and
bid documents. Each Payment Request Form submitted by the CITY
shall have a certificate attached thereto, signed by the
designated representative of the CITY, in the form as shown in
Exhibit "G" hereto. Failure on the part of the CITY to provide
the duplicate Payment Request Form to CFD No. 88-12 at the time it
submits the original to the Fiscal Agent will result in CFD No.
88-12 directing the Fiscal Agent to withhold any disbursement of
bond proceeds from the Construction Account until notice is
provided by CFD No. 88-12 that payment is to be made.
Exhibit "B" provides an estimated budget for the design,
engineering and construction of each of the Road Facilities. This
budget has been prepared by engineers retained by the CITY and it
is the responsibility of the CITY to function within the dollar
costs set forth in Exhibit "B".
CITY agrees to keep records of all fu.nds received from
the Construction Account and made available for the design,
engineering, construction and acquisition of the Road Facilities.
Such records shall be available for inspection by CFD No. 88-12
during business hours on reasonable notice.
9. Acquisition of Rights-of-Way. CITY has full
responsibility for securing all easements and rights-of-way
required for the construction of the Road Facilities.
10. Solicitation of Bids. CITY shall solicit bids for
the construction of the Road Facilities as public works contracts
in compliance with the appropriate sections of the Act, the Public
Contracts Code, the Government Code, and the Labor Code governing
the solicitation of bids by a municipality.
11. Bid Awards. CITY shall award contracts for the Road
Facilities as public works contracts in compliance with the Act
and the applicable sections of the Public Contracts Code, the
Government CQde and the Labor Code. The Road Facilities shall be
constructed by a contractor or contractors licensed by the State
of California (the "Contractor"). The Contractor shall be
required to provide performance and payment bonds, each in a
principal amount equal to 100% of the contract price, and to name
both the CITY and CFD No. 88-12 and the employees, officers,
directors, agents and consultants thereof as additional insureds
under a comprehensive general liability insurance policy with
coverage broad enough to include contractual obligations under
such construction contract and in an amount not less than two
million dollars ($2,000,000) per occurrence. The bid and contract
documents shall include the bond and insurance requirements as set
forth by mutual agreement of the CITY and CFD No. 88-12 at the
time of advertising for bids, and said requirements shall not be
less than those stated above.
Prior to the award of any bid for a Road Facility, the
CITY shall determine from CFD No. 88-12 that there are sufficient
funds in the Construction Account to cover the award of the bid
for the Road Facility. No award of a contract for a Road Facility
shall be made unless funds, not otherwise committed by prior
construction contracts, are available to cover the contract award,
including a contingency amount equal to ten percent (10%) of the
contract price and all costs for inspecting and administering said
contract. Failure by the CITY to secure approval as to the
availability of funds prior to the award of a contract will result
in CFD No. 88-12 directing the Fiscal Agent not to honor any
Payment Request Forms submitted for said contract until and unless
10I
CFD No. 88-12 can determine that funds are available.
12. Construction of the Road Facilities.
(a) Contract Administration. The CITY shall have
responsibility for administering the construction contracts
awarded for the Road Facilities.
(b) Inspection. Inspection of the Road Facilities
during construction shall be the responsibility of the CITY and
its retained engineers.
(c) Pavment. Upon the CITY submitting a Payment Request
Form to the Fiscal Agent, and a duplicate to CFD No. 88-12,
payment will be made from proceeds in the Construction Account for
work completed in the amounts and to the entities specified in the
Payment Request Form. Failure on the part of CITY to provide the
duplicate Payment Request Form to CFD No. 88-12 at the time it
submits the original to the Fiscal Agent will result in CFD No.
88-12 directing the Fiscal Agent to withhold any disbursement of
bond proceeds from the Construction Account until notice is
provided by CFD No. 88-12 that payment is to be made. CITY is to
have secured all appropriate labor and material releases prior to
submitting the Payment Request Form. A certificate in the form of
Exhibit "G" is to be attached to each Payment Request Form and
executed by the designated representative of the CITY.
(d) ChanGe Orders. No change order may be approved by
the CITY, with regard to a Road Facility, without receiving
confirmation from CFD No. 88-12 that there are sufficient
uncommitted funds in the Construction Account for such purposes.
The CITY's representative may approve change orders in a
cumulative total amount of $30,000 or 3% of the contract price of
11
each Road Facility, whichever is less, without receiving prior
confirmation from CFD No. 88-12 of the availability of funds.
13. Completion of Construction. The CITY shall prepare
and execute a Notice of Completion as to each of the Road
Facilities, record said Notice with the Office of the Recorder of
the County of Riverside, State of California, and cause the
Contractor and all subcontractors to provide lien and material
releases with respect thereto. The CITY shall provide copies of
each said Notice and all releases to CFD No. 88-12
14. Administrative Costs.
(a) Construction. All administrative costs of the CITY,
which may include but are not limited to the reasonable costs of
preparing the bid documents, all fees and costs incurred in
obtaining permits, licenses, rights-of-way or easements, and
engineering, legal, fiscal, inspection fees and land acquisition
costs, are provided for in Exhibit "B". The parties recognize
that the amount of such costs may subsequently increase prior to
the completion of construction of the Road Facilities. The CITY
shall prepare a Payment Request Form and appropriate certificate,
and submit said Form to the Fiscal Agent and a duplicate to CFD
No. 88-12 for the reasonable administrative costs actually
incurred by the CITY pursuant to this Agreement. Failure on the
part of CITY to provide the duplicate Payment Request Form to CFD
No. 88-12 at the time it submits the original to the Fiscal Agent
will result in CFD No. 88-12 directing the Fiscal Agent to
withhold any disbursement of bond proceeds from the Construction
Account until notice is provided by CFD No. 88-12 that payment is
to be made. A certificate in the form of Exhibit "G" is to be
12
attached to each Payment Request Form and executed by the
designated representative of the CITY.
(b) On Going. CITY has entered into an
agreement(s) with many of the property owners within the boundary
of CFD No. 88-12. The agreement provides that the CITY will make
a portion of sales and use tax revenue generated from the property
owners' holdings with CFD No. 88-12 available to the property
owner to off set their Special Tax obligation. On or before June
1 of each calendar year, the CITY shall submit to CFD No. 88-12 an
itemized budget of expenses it estimates it will incur during the
ensuing fiscal year to administer said agreements and for any
administrative expenses associated with CFD No. 88-12. CFD No.
88-12 shall cause said amount to be included in its calculation of
administrative expenses to be collected through the Special Tax
and deposited in the Administrative Expense Fund created by the
Indenture. The CITY shall submit billings throughout the fiscal
year for such expenses actually incurred and CFD No. 88-12 will
cause the appropriate Payment Request Form to be prepared and
submitted to the Fiscal Agent.
15. Use of Funds. The CITY shall use all funds received
from CFD No. 88-12 exclusively for the payment of the design,
engineering, construction and acquisition costs of the Road
Facilities, except as otherwise provided in this Agreement. The
CITY shall strictly account for the expenditure of such funds
according to accepted accounting practices for public agencies and
shall report all receipts and disbursements to CFD No. 88-12 upon
reasonable request by CFD no. 88-12. It is the intention of the
parties that the CITY shall receive payment of bond proceeds only
13
in connection with the Payment Request Form for costs and expenses
paid or incurred, including, without limitation, any amounts owing
under any construction contract entered into by the CITY for the
Road Facilities. CITY shall provide CFD No. 88-12 with a complete
accounting showing expenditure of the funds received from CFD No.
88-12. The accounting may be subject to independent audit at the
expense of CFD No. 88-12 to determine whether the CITY's methods
of reporting, accounting and control are in compliance with the
requirements of this Agreement. CFD No. 88-12 shall account for,
deposit, invest and reinvest bond proceeds in the manner required
by the Indenture.
16. Use of the Road Facilities. Upon completion of
construction and acceptance by the CITY of the Road Facilities,
said facilities shall be and remain the sole and separate property
of the CITY. The Road Facilities shall be operated, maintained
and utilized by the CITY to serve the properties within CFD No.
88-12 and other lands pursuant to applicable rules, regulations,
policies and procedures of the CITY.
17. Improvement Security. Any Road Facility, or portion
thereof, for which the Series 1991 Bonds have been sold shall not
be the subject of a subdivision improvement bond or other security
requirement pursuant to Government Code Section 66499 to the
extent that subdivision requirements are satisfied by available
bond proceeds.
18. Tax for Debt Service. Upon sale and delivery of the
Series 1991 Bon'ds, the Board, as the legislative body of CFD No.
88-12, shall annually levy the Special Tax as provided for in the
formation proceedings for CFD No. 88-12 authorizing the levy of
14¸
such Special Tax and the sale and issuance of the Series 1991
Bonds. The entire amount of the Special Tax annually levied shall
be allocated to CFD No. 88-12.
19. Capitalized Interest. CFD No. 88-12 agrees that
funds equal to ( ) months of capitalized interest, as
provided by the Indenture, shall be deposited in the Capitalized
Interest Account of the Acquisition and Construction Fund
established by the Indenture to pay interest on the Series 1991
Bonds. Said Account shall be depleted before any Special Taxes
are applied to debt service on the Series 1991 Bonds.
20. Indemnification. The CITY shall assume the defense
of, indemnify and hold harmless CFD No. 88-12 and its respective
'officers, employees, agents, and consultants, and each and every
one of them, from and against all actions, damages, claims, losses
and expenses of every type and description to which they may be
subjected or put, by reason of, or resulting from, (i) the actions
of CITY pursuant to this Agreement and (ii) the design,
engineering, and construction of the Road Facilities as shown on
Table 2 of Exhibit B; provided that nothing in this paragraph
shall limit, in any manner, CFD No. 88-12's rights against any of
CITY's contractors, architects or engineers. No provision of this
Agreement shall in any way limit the extent of the responsibility
of CITY for payment of damages resulting from its own operations,
including but not limited to design liability for the Road
Facilities, or the operations of any of its contractors, agents or
employees.
'CFD No. 88-12 shall assume the defense of, protect,
indemnify and hold harmless the CITY and its respective officers,
15
employees, agents, and consultants and each and every one of them,
from and against all actions, damages, claims, losses, liabilities
and expenses of every type and description to which they may be
subjected or put, by reason of, or resulting from, the actions of
CFD No. 88-12 taken in the performance of this Agreement. No
provision of this Agreement shall in any way limit the extent of
the responsibility of CFD No. 88-12 for the payment of damages
resulting from its own operations or the operations of any of its
contractors, agents or employees.
21. Effective Date and Termination. This Agreement
shall become effective and of full force and effect as of the date
(the "Effective Date") on which CFD No. 88-12 sells and issues the
Series 1991 Bonds. Should CFD No. 88-12 not sell the Series 1991
Bonds, this Agreement shall terminate and be of no further force
and effect.
22. Notice. Any notice, payment or instrument required
or permitted by this Agreement to be given or delivered to any
party or other person shall be deemed to have been received when
personally delivered or upon deposit of the same in the United
States Post Office, registered or certified, postage prepaid,
addressed as follows:
16
CITY:
Fiscal Agent:
CFD No. 88-12:
City Manager
City of Temecula
27403 Ynez Road, Suite 109
Temecula, California 92390
Security Pacific National Bank
333 South Beaudry Avenue (W24-30)
Los Angeles, California 90017
Community Facilities District
No. 88-12
County of Riverside
c/o Administrative Office
4080 Lemon Street, 12th Floor
Riverside, California 92501
Attn:
Community Facilities
District Administrator
Each party can change its address for delivery of notice
by delivering written notice of such change of address to the
other party within twenty (20) days of such change.
23. CITY's Designated Representative. The CITY hereby
designates the City Manager, or his/her designee(s), as the
Designated Representative for purpose of executing all Payment
Request Forms submitted to the Fiscal Agent.
24. Captions. Captions to Sections of this Agreement
are for convenience only and are not part of this Agreement.
25. Severability. If any portion of this Agreement is
declared by a court of competent jurisdiction to be invalid or
unenforceable, such portion shall be deemed severed from this
Agreement and the remaining parts shall remain in full effect as
though such invalid or unenforceable provision had not been a part
of this Agreement.
26. Entire Agreement. This Agreement contains the
entire agreement between the parties with respect to the matters
provided herein.
17
27. Amendments. This Agreement may be amended only by a
subsequent written agreement signed by all of the parties.
28. Exhibits. The following exhibits attached hereto
are incorporated into this Agreement by reference:
Exhibit Description
"A" Map of CFD No. 88-12
Boundaries
"B" Road Facilities and Budget
"C" Receipts and Disbursement
Schedule
"D" Costs to be Reimbursed City
"E" Formation Costs to be
Reimbursed Property Owners
"F" Design and Engineering Costs to
be Reimbursed Property Owners
"G" Certificate of City
29. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed as of the date first above written.
COMMUNITY FACILITIES DISTRICT NO.
88-12 OF THE COUNTY OF RIVERSIDE
By:
Chairman of the Board of
Supervisors, Ex Officio the
Legislative Body of Community
Facilities District No. 88-12
of the County of Riverside
18
DATE:
ATTEST:
, 1991
By:
Clerk of the Board of
Supervisors, Ex Officio
the Legislative Body of
Community Facilities
District No. 88-12 of
the County of Riverside
CITY OF TEMECULA
DATE:
'ATTEST:
, 1991
By:
Mayor
By:
City Clerk
Approved as to form:
By
City Attorney
TJD: ay/db
1/22/91
274a
191
11-JAN-1991
EXHIBIT "B"
SERIES I BONDS
DESCRIPTION OF FACILITIES
COST AND BUDGETS
COUNTY OF RIVERSIDE
COMMUNITY FACILITIES DISTRICT 88-12
YNEZ ROAD CORRIDOR
CITY OF TEMECULA
ACQUISITION IMPROVEMENTS (Table
STREET FACILITIES
STREET LIGHTS & UTILITIES
GRADING & LANDSCAPING
1)
$767,520.65
$259,040.06
$149,196.63
PARK SITE ACQUISITION
$2,000,000.00
YNEZ ROAD WIDENING - CONSTRUCTION ESTIMATE (Table 2)
$5,329,908.00 (a)
SUBTOTAL
INCIDENTAL COSTS
DESIGN PHASE SERVICES
Engineering - Ynez, Apricot, Winchester, & Rancho CA
Plan Check - Ynez and Apricot
City Administration - Ynez, Apricot, Winchester, & Rancho CA
$8,505,665.57
$2,451,376.00 (b)
$453,066.00 (c)
$473,348.00 (d) (h)
CONSTRUCTION PHASE SERVICES - Ynez only
Construction Management
Construction Inspection
Construction Surveys
Construction Soils Testing
SUBTOTAL
$3,377,790.00
$79,949.00 (d)
$173,222.00 (c)
$239,846.00 (e)
$159,897.00 (f)
SUBTOTAL $652,914.00
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
GRAND TOTAL (SERIES I)
$12,536,369.57 (g)
Estimated Costs based on preliminary plans with 20% contingencies
Per agreement between City of Temecula and J. F. Davidson Associates plus 10%
Budget Amount estimated at 3.25% of Construction Estimate for indicated projects
Budget Amount estimated at 1.50% of Construction Estimate for indicated projects
Budget Amount estimated at 4.50% of Construction Estimate for indicated projects
Budget Amount estimated at 3.00% of Construction Estimate for indicated projects
DOES NOT INCLUDE FINANCING COSTS
Includes costs for work performed by others prior to bond sale
Kunzman and Associates
Douglas Ford and Assoc
Burke, Williams, and Sorenson
City Expenses (Dixon, Henry, etc)
Tomac
Willdan and Associates
Max Gillis
as of 12/10/90:
$14,800.00
$12,210.00
$7,854.98
$10,017.42
$9,250.00
$25,OOO.0O
$9,244.00
TABLE 1: Acquisition Improvements
ITEM UNIT
NO ITEM DESCRIPTIONS OUA~TITY UNIT PRICE COST
STREET FACILITIES
1 Removal of 77,385 S.F. 1 LS $35,500.00 515,500.00
2 Subgrade - Balance & Compact 77,385 SF $0.10 $7,738.50
3 .28 AC Over .89 Class II Base 77,385 SF $1.19 S92,088.15
4 Fog Seal 77,385 SF S0.02 $1,547.70
5 Curb & Cross Gutter &
Spendtel Grade w/6' Base I LS S$,700.00 $3,700.00
6 Typ~ "A" Curb &Gu::er 1,760 LF $&.$0 $11,440.00
7 Cross Gu::er& Spandrel 2,261 SF S2.75 $6,217.75
8 Sidewalk Grade 1 LS $800.00 $800.00
9 Reflectors Type "F" 1 LS S200.00 $200.00
10 Removal - ~x=ra 1 LS $5,500.00 $5,500.00
i1 Increased Sec=iom =o .36 AC
Over .90 Class II 1 LS $13,766.00 $15,766.00
12 Traffic control - Extra 1 LS $6,754.00 $6,754.00
13 AC & Base - Extra 1 LS $8,700.00 58,700.00
14 743 Ton Class II Base 1 LS $5,201.00 $5,201.00
15 Dump Truck 14 HR $$0.00 $700.00
16 966 Haul 14 Loads I LS S1,120.00 $1,120.00
17 6" Sidewalk w/Ramps 11,880 SF $2.00 523,760.00
18 24" RCP 490 LF $39.37 519,291.30
19 18' RCP 247 LF S33.00 $8,151.00
20 14' Catch Basin I ~A $3,600.00 S3,600.00
21 10' Catch Basin I F.A $4,000.00 54,000.00
22 28' Catch basin 1 F.A $5,750.00 55,750.00
23 Jl Manhole i EA $2,400.00 S2,400.00
24 P~lp P~p I LS $500.00 $500.00
25 Cut & Remove Concrete 16 LF $11.00 S176.00
26 Laborer w/Truck & Tools 28 HR S30.00 S840.00
27 416 Back~oe 7 HR S65.00 S455.00
28 Plastic Cement 5 .EA S?.00 S35.00
29 One Ton Truck & £qulpment $ HR S25.00 $125.00
30 S00c Backho~ 8 RR $65.00 $520.00
31 Pipe & Materials 1 LS S55.10 S55.10
32 3/4" Conduit, 100 Ft. Trench
& kckflll for 110 Power to
Pedestals i LS $565.00 $$65.00
33 Traffic Control 1 LS S2,$00.00 $2,$00.00
34 24" RCP Class IV 10 LF $39.30 $393.00
35 54" RCP Chll IV 161 LF $118.00 S19,824.00
36 54" RCP Class IV 4&9 LI~ $~4.00
37 Manhole J4 ! EA $5,100.00 $§,100.00
38 Manhole Jl 1 ~A $2,400.00
39 Headwall D-88B 1 ~A $13,700.00 S13,700.00
40 Handwall w/Cutoff Wall 1 ~A S4,100.00 $4,100.00
41 Brick & Mortar Plug 1 ~A $200.00 $200.00
42 Earth Channel 40 LF $9.50 S380.00
43 A.C. Paving 45 TON $68.00 $3,060.00
TABLE 1: Acquisition Improvements
ITEM UNIT
NO ITEM DESCRIPTIONS QUJ~NTITY ~NZT PP. ICE COST
44 54" RCP Class IV 37 Lr S118.00 $4,366.00
45 Labor 6 HR $30.00 $180.00
46 Hoe 2 HR S65.00 S130.00
47 54' Crossing Slurry 227 CY $29.15 S6,617.0S
48 18' RCP 20 LF
49 18a Stubout 1 ~A
50 Concrete Headwalls 2 ~
51 Concre:e Apron I EA
52 RCB 10 x 5 .300 LF
53 Remove Existing Headwall 2 ~A
54 Remove Exls:ing Wingwall 2 EA
55 £xc~uv&tion LS
56 R.~.p Rap LS
57 Asphal~ for RCB Crossing LS
58 Traffic Control LS 'ITE~L~ 48-58 $158,025.00
59 Backfill Concrete Box Culvert LS
60 ~ase Material LS
61 Rip Rap LS *ITEMS 59-61 $11,412.76
62 Waterline Run LS
63 Rebuild Slope Box Culvert LS
64 Backfill LS 'ITEPIS 62-64 S4,127.00
65 Box Culvert 1 LS $13,452.66 $13,452.66
66 450 Dozer 2 HR $65.00 $130.00
67 416 Backhoe 2 HR S65.00 $130.00
68 Backhoe 3 HR $65.00 $195.00
SUBTOTAL $$65,704.97
INCIDF2~TALS
Engineering i LS $42,039.84 S42,039.84
Consultants 1 LS S20,730.03 $20,730.03
Testing i Stu¢ilel i L~ $22,717.97 $22,717.97
Pro~ec~ Adminlltration i LS S6L,514.16 S&1,514.16
Supervision I LS $8~711.24 $8,711.24
Letter of Crod/t Feel 1 LS $22,796.96 $22,796.96
St/king 1 LS $23,305.48
SUBTOTAL
SUBTOTAL STREET FACILITIES
& INCIDENTALS
S201,815.&8
S767,520.~$
TABLE l: Acquisition Improvements
ITEM UNiT
NO ITEM DF~SCRIPTIONS 0UAHTITY UNIT PRICE COST
STP. EET LIGHTS & UTILITIES
I Trenching 3,114 LF $3.45 S10,743.30
2 5" Conduit 4,000 LF $4.60 S18,400.00
3 4# Conduit 335 LF $4.40 $1,474.00
4 3" Conduit 1,2&0 LF $3.45 S4,347.00
5 2' Conduit 400 LF $2.35 S940.00
6 5'x10'6x7 PMH 1 EA $4,400.00 S4,400.00
7 8x10 Slab Box 1 EA $2,525.00 S2,525.00
8 '3xSx4 PB l EA $I,610.00 $3,120.00
9 4'x4'6~ Trans Pad I ~A $665.00 $665.00
10 13"x14'x12" NH 4 Ed% $175.00 $700.00
11 11'x17'x12' HH 1 EA $110.00 $110.00
12 Trenching Not Joint 350 LF $3.45 $1,207.50
13 4" GT-80 Conduit 8,652 LF $3.51 $30,368.52
14 5'x10'6"x6' ~ 5 EA $4,431.00 $22,155.00
15 3'x4'xS' PB 1 EA $2,050.00 S2,050.00
16 Portable Toilet 9 EA $57.20 $514.80
17 Port&ble Toilet i EA $57.30 $57.30
18 Installation of Detector i LS Sl,680.00 $1,680.00
19 Labor 3 HR S30.00 $90.00
20 Truck & Tools 3 HR $20.00 $60.00
21 Misc. Copper Fitting E Pipe i LS $12.90 $12.90
22 GTE Ranhole i LS $6,966.00 $6,966.00
25 416 Backhoe 17 HR $65.00 $1,105.00
24 Pipe 180 LF $2.40 S432.00
25 Laborers w/Truck ~ Tools 55 HR S30.00 $1,635.00
26 1-Ton Truck w/Tools 37 HR $26.00 S912.50
27 Water Truck 9 HR $50.00 S450.00
28 Standby #elder 2 HR S45.00 S90.00
29 Special Tee w/Tools I EA S485.48 S485.48
30 500C Backhoe 16 HR S65.00 51,040.00
31 A~r Compressor 7 HR $15.00 S97.50
32 Remove Top 8'x10' Slab Box i LS $661.00 $561.00
33 ~$aterlals 1 LS $963.00 S963.00
34 Rancho #ater Charge ! LS $7,771.29 $7,771.29
35 ~TE Deposit 1 LS $1,422.00 $1,432.00
36 GTE Relocate Lines 1 LS $14,421.00 S14,421.00
37 Rancho Water Rarer Deposit 3 EA $750.00 S2,250.00
38 So. Ca. F.c~son Ch~ge 1 LS SS,333.61 $8,333.&8
39 So. Ca. Edlson D~posit 1 LS $4,203.84 S4,203.84
40 GTE Charge 1 LS $1,527.94 S1,$27.94
41 Inspection for R~a~ Sewer i LS $24,860.00 $14,457.79
42 PP Inspection Filing Fee I LS S45.00 $45.00
43 Final Map Checking Fee 1 LS Sl,828.25 S1,828.25
44 Rancho Water Inspection Fee 1 LS $600.00 $600.00
45 ~*s~ern Dls~ric~ Inspect. Fee I LS $7S0.00 $750.00
46 Grading Review 1 LS SLS5.00 S165.00
11-JAN-1991 PAGE 4
TABLE 1: Acquisition Improvements
ITEM UNIT
NO ITEM DESCRIPTIONS ~JANTITY UNIT PRICE cOST
47 Riverside County Fee 1 LS $400.00 $400.00
48 Riverside Coun=¥ Inspection 1 LS $27,749.00 $27,749.00
49 PM 23354 Fee i LS $15.00 $15.00
50 Depr Fish & Gam. Fee I LS $125.00 $125.00
51 Riverside County Fee 1 LS $115.00 $115.00
SUBTOTAL $206,647.59
INCIDENTALS
Engineering 1 LS $10,770.18 S10,770.18
Consultants 1 LS $5,636.88 $5,636.88
Testinq & Studies 1 LS $5,598.94 $5,598.94
Project Administration i LS $16,068.36 $16,068.36
Supervision i LS S2,275.50 $2,275.$0
Le=ter of CrecLlt Fees i LS $5,954.89 S§,954.89
Staking i LS $6,087.72 S6,087.72
SUBTOTAL $52,392.47
SUBTOTAL STREET LIGHTS
& UTILITIES
$259,040.06
TABLE 1: Acqu~ait~on ~mprov~mants
ITeM UNIT
NO ITEM DESCRIPTIONS 0UANTITY UNIT PRICE COST
GP. ADING
1 ~ugh Grade 1 LS $87,087.00 $87,087.00
S~BTOTAL $87,087.00
LANDSCAP ING
Landscaping i LS $40,771.85 S40,771.85
Grading & Landscape Pre9. 1 L$ $20,133.00 S20,133.00
Landscape Architecture 1 LF 5402.83 5402.83
Pinus Canariensis I EA $114.00 $114.00
Plantanus Acerifolla 6 F.A $106.$0 $639.00
Sales Tax 1 LS S48.95 S48.95
SUBTOTAL $62,109.63
SUBTOTAL GRADING AND
LANDSCAPING $149,196.63
GRAND TOTAL
$1,175,757o34
TABLE 2: CONSTRUCT%ON ESTXMATE
Y#EZ ROAD WIDENING - Rancho California to South Property Line of Palm PLaza
ITEH ESTZNATED UNIT ESTIHATED
0 ITEH DESCRIPTZONS GUNJTITY UNIT COST TOTAL
1 Asphalt Concrete Removal 14,~00 $F $2.00
2 Concrete Curb & Gutter Removal ?,300 LF $5.00
3 Ex. Sidewalk Removal 16,000 SF $2.00
4 Ex. Chain Link Fence Removal 1,100 LF $2.00
5 Relocate Various St. Signs 15 EA $200.00
6 Relocate Gory Poles ? F_~ $10,000.00
7 Relocate P. Poles (110 [.V.) 31 EA $10,000.00
8 Relocate P. Poles (Small) & EA $5,000.00
9 Relocate Ex. St. Lights 8 EA $2,000.00
10 Relocate Ex. SCE Box 6 EA $500.00
11 Relocate Ex. SCE Vault 1 EA $3,000.00
12 Relocate Ex. GTE Box 13 EA $500.00
13 Relocate Ex. GTE Vault 3 EA $3,000.00
l& Earthuork (Roadway Excavation) 60,000 CY $5.00
15 Over Ex. Compaction 60,000 CY $10.00
16 Base Naterial 31,000 CY $12.00
17 Construct 4" AC/SeaL over 12" AB 25,000 TON $37.00
18 Construct 6" Curb & Gutter 15,000 LF $12.00
19 Construct 6" Curd 15,000 LF $10.00
20 Construct Concrete SidewaLk 90,000 SF $3.50
21 Construct Access Ran~o 24 EA $600.00
22 Construct 10' Cross Gutters 8,600 SF $4.00
23 Construct Concrete Dr. Approach 3,600 SF $3.00
~4 Construct Std. Lights 30 EA $3,000.00
3 Utility Trenches 7,500 LF $4.00
26 Construct Retaining Walls 4,000 SF $15.00
27 Landscaping & Irrigation 1 lS $100,000.00
28 Re~ve Existing 12" CMP 140 LF $16.00
29 Remove Existing 18" CMP 70 LF $35.00
30 Remove Existing 24" CMP 175 LF $40.00
31 Remove Existing 48" C~P 60 LF $7~.00
32 Remove Ex. 3' C. Basins 2 EA $1,500.00
33 Remove Ex. 12" Oversized Drain 1 EA $1,500.00
34 Extend Ex. Triple Barrel RCB 1 LS $~0,000.00
35 Modify Ex. Catch Basins 2 EA $3,000.00
36 Construct 7' Catch Basins 2 EA $3,000.00
37 Construct 14' Catch Basins & EA $8,000.00
38 Construct 36" RCP 1,300 LF S65.00
39 Construct S.D. Manholes & EA $?,500.00
40 Construct Junction Structures 3 EA $3,200.00
41 Relocate Ex. F.#. 20 EA $1,800.00
42 Relocate Ex. Watermeter 10 EA $1,500.00
43 Relocate Ex. 2" AV/AR 10 EA $1,500.00
4& Adjust Valve to Grade 30 EA $500.00
45 Water Line Removal 1,200 LF $32.00
46 20" CML & C Line Reconstruction 1,20o LF
4? Adjust Se~er M.#. To Grade & EA $500.00
48 Signing & Striping 1 L$ $47,000.00
49 Intersection Signa[ization 1 LS $200°000.00
10-JAN-l~1
$29,600.00
S36,500.00
$32,000.00
$2,200.00
$3,000.00
S70,000.00
$310,000.00
S20,000.00
$16 000.00
S3.000.00
$3.000.00
$6,500.00
$9000.00
$30O000.00
S600 000.00
S372 000.00
S925 000.00
$180 000.00
$150 000.00
S315 000.00
$14 400.00
$34 400.00
$10 800.00
$90 000.00
$30 000.00
$6O 000.00
$100,000.00
S2 240.00
$2.450.00
$7,000.00
S4 500.00
$3,000.00
Sl 500.00
S80 000.00
$6,000. O0
$10,000.00
S32,000.00
t~,500.00
$30,000.00
~9,600.00
$36,000.00
S15,000.00
S15,000.00
$15,000.00
$3~,400.00
S78,000.00
$2,000.00
$47,000.00
S200,000.00
SUBTOTAL $4,~.1,590.00
20~CONTINGENCY S8M,318.00
TOTAL $5,329,908.00
EXHIBIT "B" - continued
SERIES II BONDS
DESCRIPTION OF FACILITIES
COST AND BUDGETS
COUNTY OF RIVERSIDE
COMMUNITY FACILITIES DISTRICT 88-12
YNEZ ROAD CORRIDOR
CITY OF TEMECULA
11-JAN-1991
APRICOT OVERCROSSING @ 1-15 - CONSTRUCTION ESTIMATE
APRICOT OVERCROSSING - RIGHT-OF-WAY COST ESTIMATE
$8,390,743.00 (a)
$2,379,000.00 (b)
INCIDENTAL COSTS
CONSTRUCTION PHASE SERVICES - Aprico% only
Construction Management
Construction Inspection
Construction Surveys
Construction Soils Testing
SUBTOTAL
$10,769,743.00
$125,861.00 (d)
$272,699.00 (c)
$377,583.00 (e)
$251,722.00 (f)
SUBTOTAL $1,027,865.00
GR~dgD TOTAL (SERIES II)
$11,797,608.00 (g)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Estimated Costs based on preliminary plans with 20% contingencies
Based on 3.9 acres at $610,000 / acre
Budget Amount estimated at 3.25% of Construction Estimate for indicated projects
Budget Amount estimated at 1.50% of Construction Estimate for indicated projects
Budget Amount estimated at 4.50% of Construction Estimate for indicated projects
Budget Amount estimated at 3.00% of Construction Estimate for indicated projects
DOES NOT INCLUDE FINANCING COSTS
EXHIBIT "B" - continued
SERIES III BONDS
DESCRIPTION OF FACILITIES
COST AND BUDGETS
COUNTY OF RIVERSIDE
COMMUNITY FACILITIES DISTRICT 88-12
YNEZ ROAD CORRIDOR
CITY OF TEMECULA
11-JAN-1991
WINCHESTER ROAD INTERCHANGE @ 1-15 - CQNSTRUCTION ESTIMATE
RANCHO CALIF. INTERCHANGE @ 1-15 - CONSTRUCTION ESTIMATE
$5,985,000.00 (a)
$5,739,300.00 (a)
SUBTOTAL $11,724,300.00
RIGHT-OF-WAY ACQUISITION
Winchester Road Interchange - 1.8 acres @ $700,000 / acre
Rancho CA Interchange - 1.8 acres @ $700,000 / acre
$1,260,000.00
$1,260,000.00
SUBTOTAL $2,520,000.00
INCIDENTAL COSTS
DESIGN'PHASE SERVICES
Plan Check - Winchester and Rancho California
$381,040.00 (C)
CONSTRUCTION PHASE SERVICES - Winchester & Rancho CA
Construction Management
Construction Inspection
Construction Surveys
Construction Soils Testing
$175,865.00 (d)
$381,040.00 (c)
$527,594.00 (e)
$351,729.00 (f)
SUBTOTAL $1,817,268.00
GRAND TOTAL (SERIES III)
$16,061,568.00 (g)
(a)
(c)
(d)
(e)
(f)
(g)
Estimated Costs based on preliminary plans with 20% contingencies
Budget Amount estimated at 3.25% of Construction Estimate for indicated projects
Budget Amount estimated at 1.50% of Construction Estimate for indicated projects
Budget Amount estimated at 4.50% of Construction Estimate for indicated projects
Budget Amount estimated at 3.00% of Construction Estimate for indicated projects
DOES NOT INCLUDE FINANCING COSTS
THIS EXHIBIT B SUGGESTS THE ORDER OF CONSTRUCTION OF THE PUBLIC FACILITIES AS GROUPED
BY SERIES. HOWEVER, SUCH ORDER AND GROUPING MAY BE MODIFIED IF THE TIMING OF THE
CONSTRUCTION OF A PUBLIC FACILITY WARRANTS SUCH MODIFICATION AND THE SIZING OF SUCH
SERIES CAN BE ACCOMODATED.
JOINT FINANCING AND ACQUISITION AGREEMENT AMONG
COMMUNITY FACILITIES DISTRICT NO. 88-12
OF THE COUNTY OF RIVERSIDE (YNEZ CORRIDOR),
EASTERN MUNICIPAL WATER DISTRICT, THE CITY OF TEMECULA AND
TOMOND PROPERTY, A CALIFORNIA LIMITED PARTNERSHIP
THIS JOINT FINANCING AND ACQUISITION AGREEMENT (the
"Agreement") is made and entered into as of February 1, 1991 by
and between COMMUNITY FACILITIES DISTRICT NO. 88-12 OF THE COUNTY
OF RIVERSIDE (YNEZ CORRIDOR), a legally constituted governmental
entity organized and existing pursuant to Division 2, Part 1,
Chapter 2.5 of Title 5 of the California Government Code
(hereinafter "CFD No. 88-12"), EASTERN MUNICIPAL WATER DISTRICT, a
public agency organized and existing pursuant to Division 20 of
the California Water Code (hereinafter "EMWD"), the CITY OF
TEMECULA, an incorporated municipality (hereinafter "CITY"), and
TOMOND PROPERTIES, a California general partnership, (hereinafter
"Property Owner") .
RECITALS
A. The Board of Supervisors (the "Board") of the County
of Riverside (the "County") adopted Resolution No. 89-449 (the
"Resolution of Formation") on September 26, 1989 completing
proceedings for the formation of CFD No. 88-12 pursuant to the
Mello-Roos Community Facilities Act of 1982, as amended,
commencing with Section 53311 of the California Government Code
(hereinafter the "Act") as shown on the boundary map attached
hereto as Exhibit "A". CFD No. 88-12 was formed to provide
financing for the acquisition and construction of certain public
facilitie~ which include certain sewer facilities to be owned and
maintained by EMWD (the "EMWD Facilities") as enumerated in
Exhibit "B" which is attached hereto and incorporated herein.
B. On November 7, 1989 the registered voters living
within the proposed boundaries of the City of Temecula voted to
incorporate. The effective date of said incorporation was
December 1, 1989. The territory within CFD No. 88-12 is within
the boundaries of the CITY. The CITY adopted Resolution No. 90-30
on March 20, 1990 stating its general support for CFD No. 88-12
and identifying those public facilities whose acquisition or
construction by CFD No. 88-12 it would support, including the EMWD
Facilities.
C. The proceedings to establish CFD No. 88-12 included a
special election wherein the qualified electors authorized bonded
'indebtedness in an aggregate principal amount not to exceed
$60,000,000 and authorized an annual levy of a special tax (the
"Special Tax") within CFD No. 88-12 to fund debt service on bonded
indebtedness incurred.
D. Property Owner, prior to the adoption of Resolution
of Formation, constructed certain of the EMWD Facilities (as shown
on Table 1 to Exhibit "B"), which had been identified in
Resolution No. 90-390 (the "Resolution of Intention"), adopted by
the Board on July 25, 1989, as facilities that CFD No. 88-12 would
acquire on behalf of-EMWD consistent with the appropriate sections
of the Act.
E. Prior to the construction of the EMWD Facilities to
be acquired, EMWD reviewed and approved the plans and
specifications for the construction of said EMWD Facilities and
inspecte~ said facilities during the course of their
construction. Property Owner and EMWD have entered into a
2
Memorandum of Understanding for Temporary Utility Services, a copy
of which is attached hereto, marked as Exhibit "C" (the
"Maintenance Agreement").
F. CFD No. 88-12 presently anticipates the issuance and
sale of its Series 1991 Bonds (the "Series 1991 Bonds") in the
principal amount of $ on February __, 1991. The
proceeds of the Series 1991 Bonds will be used, in part, to
acquire and construct the EMWD Facilities on behalf of EMWD.
G. Pursuant to a Joint Financing Agreement between CFD
No. 88-i2 and the CITY, dated February 1, 1991, CITY is to
construct certain road facilities (the "Road Facilities"), the
design, engineering, and construction of which is to be paid from
the proceeds of the Series 1991 Bonds. The construction of
certain of the EMWD Facilities (as shown on Table 2 to Exhibit
"B") is necessitated in association with the construction of the
Road Facilities. Attached hereto marked as Exhibit "D" is a full
true and correct copy of said Joint Financing Agreement (the "City
Agreement").
H. CFD No. 88-12 and EMWD and the CITY desire to enter
into this Agreement pursuant to Section 53316.2, 53316.4 and
53316.6 of the Act.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, the parties agree as follows.
1. Sale of the Series 1991 Bonds and Use of the
Proceeds. CFD No. 88-12 will proceed with the issuance and sale
of the Series 1991 Bonds at such time and in such amount as
CFD No. 88-12, in its discretion after consultation with the CITY,
3
may determine is appropriate. The proceeds of the Series 1991
Bonds will be used, in part, to acquire and construct, on behalf
of EMWD, the EMWD Facilities for the dollar amounts shown on
Exhibit "B".
2.
Constructed.
Design and Construction of the EMWD Facilities to be
The EMWD Facilities to be constructed (as shown on
Table 2 to Exhibit "B") are to be designed and engineered by
registered and licensed civil engineers retained by the CITY. The
EMWD Facilities to be constructed shall be constructed consistent
with the procedures set forth in this Agreement. The costs of the
design.and construction of said facilities, including the
administrative and legal costs, shall be paid by CFD No. 88-12
from the proceeds of the sale of the Series 1991 Bonds in
accordance with this Agreement. All contracts for the
construction of said EMWD Facilities shall be awarded and
administered by the CITY consistent with the appropriate sections
of this Agreement and consistent with the provisions of Exhibit
"D" and as public works projects consistent with the applicable
sections of the California Public Contracts Code. The contractor
or contractors who will construct said EMWD Facilities, or any
portion thereof, shall be required to'provide performance and
payment Bonds, 'each' in a principal amount equal to 100% of the
contract price and naming both EMWD and CFD No. 88-12 as
obligees. Said contractor or contractors shall also be required
to name CFD No. 88-12 and EMWD, and the employees, officers,
directors, agents and consultants thereof as additional insureds
under a policy of general liability insurance in the amount of Two
Million Dollars ($2,000,000) per occurrence. The bid and contract
4
documents shall include the bond and insurance requirements as set
forth by mutual agreement of CFD No. 88-12, EMWD, the CITY and the
County at the time of advertising for bids and said requirements
shall not be less than those stated above.
3. Design and Construction Budget. Table 2 to Exhibit
"B" sets forth the budget for the design, engineering and
construction of the EMWD Facilities to be constructed. In
addition to the cost of engineering and design, specification and
bid preparation, and the construction of said EMWD Facilities,
such costs may include, without limitation, the estimated costs of
permits, licenses, easements, land, engineering, inspection and
legal fees, construction contingency and a share of EMWD's, CFD
No. 85-12's, the CITY's and County's general and administrative
costs reasonably devoted to the design, approval and inspection of
said EMWD Facilities.
4. Engineering and Design of the EMWD Facilities to be
Constructed. The CITY shall employ a properly qualified
registered civil engineer (the "Design Engineer") to design and
prepare detailed bid documents, construction plans and
specifications (the "Bid Documents") for the EMWD Facilities to be
constructed, including required system layout drawings and
construction plan-profile drawings, in accordance with EMWD's
standard design criteria. The Bid Documents shall be reviewed and
approved or rejected within fifteen (15) days following their
submission to EMWD by the CITY. Any rejection shall be
accompanied by a written statement of reasons for rejection. The
Design Engineer shall revise the Bid Documents consistent with the
reasons for rejection and resubmit the Bid Documents, as revised,
5
to EMWD. EMWD shall not unreasonably withhold its approval of Bid
Documents. CFD No. 88-12 shall reimburse to EMWD from the
proceeds of the sale of the Bonds such amounts as are necessary to
pay the reasonable administration costs of EMWD incurred in the
design and plan check process.
5. State Highway and City Road Department Construction
and Operate and Maintain Permits for the EMWD Facilities. For
those portions, if any, of the EMWD Facilities which are to be
constructed by the CITY within a City road and/or state highway,
at the expense of CFD No. 88-12, the CITY shall be responsible for
obtaining a construction permit from the appropriate governmental
agency covering the construction and installation of the EMWD
Facilities. At the time such construction permit is obtained by
the CITY, the appropriate governmental agency will issue an
Operate and Maintain Permit to EMWD, which will become effective
upon the completion of said EMWD Facilities and acceptance of the
ownership thereof by EMWD.
6. Construction Responsibility. EMWD hereby
acknowledges that the City Manager of the City, or his designee,
shall serve as the Contract Administrator (the "Contract
Administrator"). The Contract Administrator shall be responsible
for soliciting bids and awarding contracts and supervising the
construction of the EMWD Facilities in accordance with the terms
and conditions described in this Agreement. The Contract
Administrator may perform his responsibilities for coordination of
construction contracts and inspection of such EMWD Facilities
through a "Resident Engineer" to be selected by the Contract
Administrator.
6
7. Preliminary Coordination Meeting. Contract
Administrator, Design Engineer, Resident Engineer, and
representatives from EMWD shall meet for purposes hereinafter set
forth, upon the written request of the CITY (hereinafter the
"Preliminary Coordination Meeting"). At the Preliminary
Coordination Meeting the schedule for construction of the EMWD
Facilities and inspection approvals will be mutually determined by
the parties. It is the intent of the parties to mutually agree to
the sequence and timing of construction of said EMWD Facilities in
a manner calculated to not unduly delay progress in completion of
the construction of' the Road Facilities.
8. '~olicitation of Bids. On behalf of CFD No. 88-12 and
EMWD the Contract Administrator shall solicit bids for the EMWD
Facilities to be constructed in compliance with appropriate
sections of the California Public Contracts Code.
9. Bid Awards. On behalf of CFD No. 88-12 and EMWD, the
Contract Administrator shall recommend to the City Council that it
award contracts for the EMWD Facilities to be constructed in
compliance with the applicable sections of California Public
Contracts Code. Said EMWD Facilities'shall be constructed by a
contractor or contractors'licensed by the State of California
(hereinafter the "Contractor"). Prior to the award of any bid for
said EMWD Facilities, the CITY shall determine that there are
sufficient funds in the Construction Account established by an
Indenture dated February 1, 1991, between CFD No. 88-12 and
Security Pacific National Bank, as Fiscal Agent, (the
"Construction Account" and "Indenture", respectively) to cover the
bid award for each Facility. No award of a contract for an EMWD
7
Facility to be constructed shall be made unless funds, not
otherwise committed, are available to cover the contract award,
including a contingency amount equal to five percent (5%) of the
contract price and all costs of inspecting and administering said
contract.
10. Construction of the Facilities.
(a) Preconstruction Meeting. Prior to the commence-
ment of construction, there shall be a meeting (hereinafter the
"Preconstruction Meeting") among the Contractor(s), the Contract
Administrator, Design Engineer, Resident Engineer and
representatives of EMWD.
(b) Inspection. EMWD will designate a field
inspector (the "Field Inspector") who will be responsible for
inspecting construction of the EMWD Facilities consistent with
Section 14 of this Agreement and will be responsible for reviewing
and concurrence in all Payment Request Forms with regard to said
EMWD Facilities.
(c) Payment. CFD No. 87-1 shall make payments for
completed work, less retentions, in accordance with the payment
schedule determined at the Preconstruction Meeting. The payment
schedule shall be consistent with the Bid Documents reviewed and
concurred with by the Field Inspector. Upon concurrence and sign
off by the Field Inspector of any such Payment Request Form, the
CITY shall cause the Fiscal Agent to make payments in the
requisite amount to those entities or individuals designated on
the Payment Request Form consistent with the provisions of Exhibit
"D".
11.
Change Orders.
All change orders regarding the EMWD
8
Facilities to be constructed are to be reviewed by EMWD and
approved in writing, if appropriate. Change orders necessitated
by site conditions shall be financed and paid for by CFD No. 88-12
upon confirmation that funds are available for such purposes.
Change orders required for Betterments requested by EMWD shall be
paid for by EMWD and shall not be paid by CFD No. 88-12, unless
CFD No. 88-12 and the CITY consent to such payment in writing.
For purposes of this Agreement "Betterments" shall mean any change
that provides an increase in capacity, size or level of service
above that originally approved by EMWD with respect to the EMWD
Facilities.
12. Use of Funds. CFD No. 88-12 and the CITY shall use
the proceeds in the Construction Account, in part, for the payment
of the design and construction costs of the EMWD Facilities to be
constructed.
CFD No. 88-12 and the CITY shall strictly account for the
expenditure of such proceeds according to accepted accounting
practices. It is the intention of the parties that payments from
the Construction Account shall be made only in connection with a
Payment Request Form for costs and expenses paid or incurred,
including, without limitation, any amounts owing under any
construction contract entered into for said EMWD Facilities. CFD
No. 88-12 shall account for, deposit, invest and reinvest such
funds in the manner required by the Indenture.
13. Immrovement Security. Any EMWD Facility to be
constructed or portion thereof for which the Bonds have been sold
shall not be the subject of a subdivision improvement bond or
other security pursuant to Government Code Section 66449.
9
14. Inspection. Construction of the EMWD Facilities
shall be subject at all times to inspection by the Field
Inspector, or his designated representative. The Field Inspector,
or his designated representative, shall inspect the furnishing,
construction and installation of said EMWD Facilities to assure
compliance with EMWD's approved construction plans and
specifications. Inspection shall be the responsibility of the
Field Inspector and shall be done in a timely manner consistent
with the approved schedule established at the Pre-Construction
Meeting. The Field Inspector shall have the authority to enforce
the EMWD approved construction plans and specifications for said
EMWD Facilities, which authority shall include the authority to
require that any and all unacceptable materials, workmanship
and/or installation be replaced, repaired or corrected. In
addition, the contractor(s) shall be required under the approved
construction specifications to repair any and all installed
facilities which have been damaged by any party prior to EMWD's
final acceptance of said EMWD Facilities for ownership, operation
and maintenance, which final acceptance shall follow final
inspection and testing of said EMWD Facilities after completion
thereof. Contractor(s) will be required to: (i) make the
corrections and/or repairs determined by the Field Inspector to be
necessary and consistent with the approved construction
specifications and (ii) provide a one (1) year materials and
workmanship guarantee, the precise nature of which will be agreed
upon by CFD No. '88-12, the CITY and EMWD, providing that such
contractor(s) will repair, at its (their) expense, all failures of
facilities which it (they) furnished, installed and/or constructed
10
due to faulty materials or installation, including settlement of
backfill within said one-year period.
15. Field Enqineerin~ Surveys and Compaction Tests. A
qualified engineering firm (the "Field Engineer") shall be
employed by the CITY to provide all field engineering surveys
associated with the construction of the EMWD Facilities which are
determined to be necessary by the Design Engineer, the
contractor(s) and/or the Field Inspector. The Field Engineer
shall promptly furnish to EMWD a complete set of grade sheets
listing all locations, offsets, etc., in accordance with good
engineering practices, and attendant data and reports resulting
from Field Engineer's engineering surveys and/or proposed facility
design changes and allow EMWD sufficient time to approve or make
any required facility design changes resulting therefrom prior to
construction.
The cost of all compaction tests and report costs
associated with EMWD Facilities furnished and constructed by
contractor(s) shall be included among the costs which are to be
paid from the Construction Account. Field Engineer shall promptly
furnish results of all such compaction testing to EMWD for its
review, evaluation and decision as to compliance with applicable
specifications.
16. Completion of EMWD Facilities to be Constructed.
Upon completion of any of those EMWD Facilities as shown on Table
2 to Exhibit "B" as mutually determined by the Field Inspector and
the Contract Administrator, the CITY shall notify EMWD in writing
of such completion and shall prepare and cause the City Council of
the City of Temecula to accept and file the Notice of Completion
11
as to said EMWD Facilities, record said Notice with the Office of
the Recorder of the County of Riverside, State of California, and
cause the Contractor and all subcontractors to provide lien and
material releases.
17. Completion of EMWD Facilities to be Acquired.
Property Owner will provide to both CFD No. 88-12 and EMWD copies
of the Notice of Completion that it has caused to be recorded with
the Office of the County Recorder for the County of Riverside
regarding the EMWD Facilities shown on Table 1 of Exhibit "B".
Property Owner shall provide to CFD No. 88-12 and EMWD copies of
all labor and material lien releases which it has received from
the contractors it retained to construct said EMWD Facilities.
18..Conveyance of Title. Title to the land or
rights-of-way on and over property within CFD No. 88-12 on which
the EMWD Facilities have been or will be constructed shall be free
of all liens and encumbrances, except easements and other matters
of record that will not interfere with construction, use and
maintenance of the EMWD Facilities. Property Owner and the CITY,
as appropriate, shall cause transfer of title to such land or
rights-of-way on such documents EMWD may prescribe. It is
anticipated that a substantial portion of the EMWD Facilities will
be constructed within public streets and rights-of-way dedicated
to the CITY and other public entities. Any easements granted to
facilitate construction prior to such dedications shall provide
that the easement right conveyed will expire upon dedication and
acceptance of such area as a public right-of-way. As to portions
of the EMWD Facilities that will be constructed on land that would
otherwise remain in private ownership, the provisions of Section
12
19 of this Agreement shall control. It is anticipated that,
depending on decisions made by the CITY and EMWD at the
Pre-Construction Meeting, such conveyances of land and easements
are to be made prior to commencement of construction and that upon
completion of construction such land and rights-of-way associated
with the EMWD Facilities will be conveyed to the EMWD.
In addition, upon completion of the EMWD Facilities, and
written acceptance thereof by EMWD, CFD No. 88-12 and the CITY
shall execute and deliver, without any cost or expense to EMWD, a
Bill of Sale, in form and content acceptable to EMWD and
substantially similar to that attached as Exhibit "E" hereto,
conveying all its right, title and interest in and to all of the
EMWD Facilities. The Bill of Sale shall include a warranty by CFD
No. 88-12 and the CITY that such right, title and interest is free
and clear of any and all encumbrances except those encumbrances
that will not interfere with use and maintenance of the EMWD
Facilities.
19. Easements Involvinq Private Property. For those
portions, if any, of the EMWD Facilities which are to be
constructed within and across private property the CITY shall,
before any such construction begins, obtain easement documents,
which are satisfactory to EMWD as to location, width, content and
form, which have been duly executed by the involved property
owners and which assure EMWD's unequivocal right to own, operate,
maintain, replace, repair and provide service from and through the
involved EMWD Facilities.
20. Acceptance. EMWD agrees to accept title to, and
provide service through, the EMWD Facilities, subject to
13
certification by EMWD that said Facilities have been completed in
accordance with the plans and specifications and provided that
title to the EMWD Facilities is free of all liens and encumbrances
not otherwise acceptable to EMWD. In this regard, it is
specifically understood and agreed that EMWD shall not be
obligated to accept title or to operate and provide service
through the EMWD Facilities until satisfactory final inspection
and testing thereof by the EMWD has been completed and all
easement and deed documents have been received by EMWD.
21. Use of EMWD Facilities. Upon conveyance of title to
the EMWD Facilities and acceptance of ownership, said EMWD
Facilities shall become and remain the sole and separate property
of EMWD and shall be operated, maintained and utilized by EMWD to
serve the territory within CFD No. 88-12 and other lands pursuant
to applicable EMWD rules, regulations, policies and procedures as
they may be amended from time to time by EMWD's Board of Directors
and subject to EMWD facility capacity and water supply limitations
which result from conditions that are beyond EMWD's control,
including, but not limited to, applicable regulations and/or
limitations established by The Metropolitan Water District of
Southern California, Federal, State, regional and local agencies.
22. Maintenance. Prior to the transfer of ownership of
the EMWD Facilities to be acquired to EMWD, Property Owner shall
be responsible for their maintenance consistent with the terms of
the Maintenance Agreement. Prior to the transfer of ownership of
the EMWD Facilities to be constructed, the CITY shall be
responsible for their maintenance. Upon acceptance of the EMWD
Facilities as described in Table 1 or Table 2 of Exhibit "B" by
14
EMWD, EMWD shall be solely responsible for the maintenance thereof
and all rights, duties and obligations of either Property Owner or
the CITY for said maintenance under the Maintenance Agreement or
this Agreement shall terminate.
23. Administrative Costs. All administrative costs of
CFD No. 88-12, the CITY and EMWD and the Property Owner which
include but are not limited to the reasonable cost of preparing
the Bid Documents, all fees and costs incurred in obtaining
permits, licenses, offsite rights-of-way or easements, inspection
fees and land acquisition costs are provided for in Exhibit "B".
The parties recognize the amount of such costs may subsequently
increase in the future. CFD No. 88-12 shall cause to be paid from
the Construction Account the reasonable administrative costs
actually incurred by each party to this Agreement.
24. No Obligations Assumed. Nothing herein shall be
construed as requiring CFD No. 88-12 to issue or sell the Series
1991 Bonds pursuant to the Act or any other law or regulation
requiring the construction of the EMWD Facilities.
25. Indemnification. Property Owner shall assume the
defense of, indemnify and hold harmless both CFD No. 88-12 and
EMWD and their respective officers, employees and agents, and each
and every one of them, from and against all actions, damages,
claims, losses and expenses of every type and description to which
they may be subjected or put, by reason of, or resulting from, (i)
the actions of Property Owner required in the performance of this
Agreement and (ii) the design, engineering and construction of the
EMWD Facilities to be acquired (as shown on Table 1 of Exhibit
"B") designed, engineered and constructed by Property Owner;
15
provided that, the actions, damages, claims, losses and expenses
covered by this paragraph shall be those arising out of events
which occur during the period up to the acceptance of the EMWD
Facilities by EMWD whether or not an action or claim is filed by
the date of acceptance of the EMWD Facilities; and provided
further that, nothing in this paragraph shall limit, in any
manner, EMWD's rights against any of Property Owner's architects
or engineers. No provision of this Agreement shall in any way
limit the extent of the responsibility of Property Owner for
payment of damages resulting from its own operations or the
operations of any of its agents or employees.
The CITY shall assume the defense of, indemnify and hold
harmless, both EMWD and CFD No. 88-12 and their respective
officers, employees and agents, and each and every one of them,
from and against all actions, damages, claims, losses and expenses
of every type and description to which they may be subjected or
put, by reason of, or resulting from, (i) the actions of CITY
pursuant to this Agreement and (ii) the design, engineering, and
construction of the EMWD Facilities to be constructed (as shown on
Table 2 of Exhibit "B"); provided that the actions, damages,
claims, losses and expenses covered by this paragraph shall be
those arising out of events which occur during the period up to
acceptance of the EMWD Facilities by EMWD whether or not an action
or claim is filed by the date of acceptance of the EMWD
Facilities; and provided that nothing in this paragraph shall
limit, in any manner, EMWD's rights against any of CITY's
contractors, architects or engineers. No provision of this
Agreement shall in any way limit the extent of the responsibility
16
of CITY for payment of damages resulting from its own operations,
including but not limited to design liability for the Road
Facilities, or the operations of any of its contractors, agents or
employees.
The CITY hereby assures EMWD and CFD No. 88-12 that any
and all contractors employed by it shall furnish to EMWD
certificates of insurance substantiating that they have obtained
for the entire period of construction of any of the EMWD
Facilities to be constructed a policy of workers compensation
insurance and a comprehensive general liability insurance policy
with coverage broad'enough to include the contractual obligations
they have under the construction contract and having a combined
single limit of liability in the amount of $2,000,000. Said
certificate of insurance shall include an endorsement naming the
EMWD, CFD No. 88-12, the CITY and the County, and their respective
officers, employees and agents as additional insureds.
EMWD shall assume the defense of, indemnify and hold
harmless CFD No. 88-12, the CITY and the Property Owner and their
respective officers, employees and agents, and each and every one
of them, from and against all actions, damages, claims, losses and
expenses of every. type and description to which they may be
subjected or put, by reason of, or resulting from, the actions of
EMWD taken in the performance of this Agreement. No provision of
this Agreement shall in any way limit the extent of the
responsibility of EMWD for the payment of damages resulting from
its own operations or the operations of any of its contractors,
agents or'employees.
CFD No. 88-12 shall assume the defense of, protect,
17
indemnify and hold harmless the CITY, EMWD, and the Property Owner
and their respective officers, employees, agents, and consultants
and each and every one of them, from and against all actions,
damages, claims, losses, liabilities and expenses of every type
and description to which they may be subjected or put, by reason
of, or resulting from, the actions of CFD No. 88-12 taken in the
performance of this Agreement. No provision of this Agreement
shall in any way limit the extent of the responsibility of CFD
No. 88-12 for the payment of damages resulting from its own
operations or the operations of any of its contractors, agents or
employees.
26. Effective Date and Termination. This Agreement
shall become effective and of full force and effect as of the date
(the "Effective Date") on which CFD No. 88-12 sells and issues the
Series 1991 Bonds. Should CFD No. 88-12 be unable to sell the
Series 1991 Bonds, this Agreement shall terminate and be of no
further force and effect.
27. Notice. Any notice, payment or instrument required
or permitted by this Agreement to be given or delivered to any
party or other person shall be deemed to have been received when
personally delivered or upon deposit of the same in the United
States Post Office, registered or certified, postage prepaid,
addressed as follows:
Property Owner:
Tomond Properties
c/o John C. Raymond
613 West Valley Parkway, Suite 270
Escondido, California 92033-2159
(619) 489-0123
District:
Eastern Municipal Water District
Post Office Box 8300
San Jacinto, California 92383-1300
Attn: J. Andrew Schlange
General Manager
(714) 925-7676
FAX (714) 929-0257
City:
City Manager
City of Temecula
27403 Ynez Road, Suite 109
Temecula, California 92390
(714) 694-1989
FAX (714) 694-1999
CFD No. 88-12:
Community Facilities District
No. 88-12 of the County of Riverside
c/o Administrative Office
4080 Lemon Street, 12th Floor
Riverside, California 92501
Attn: Community Facilities
District Administrator
(714) 275-1110
FAX (714) 275-1105
Each party can change its address for delivery of notice
by delivering written notice of such change of address to the
other parties within twenty (20) days of such change.
28. Captions. Captions to sections of the Agreement are
for convenience purposes only and are .not part of this Agreement.
29. Severability. If any portion of this Agreement is
declared by a court of competent jurisdiction to be invalid or
unenforceable, such portion shall be deemed severed from this
Agreement and the remaining parts shall remain in full effect as
though such invalid or unenforceable provision had not been a part
of this Agreement.
30. Successors and Assigns. This Agreement shall be
19
binding upon and inure to the benefit of the successors and
assigns of the parties hereto.
31. Entire Agreement. This Agreement contains the entire
agreement between the parties with respect to the matters provided
herein.
32. Amendments. This Agreement may be amended or
modified only in writing signed by all of the parties.
33. Exhibits. The following exhibits attached hereto are
incorporated into this Agreement by reference.
Exhibit Description
"A" Boundary Map of CFD No. 88-12
"B" EMWD Facilities Description
and Purchase Price
"C" Maintenance Agreement
"D" Joint Financing Agreement between
CFD No. 88-12 and City
"E" Bill of Sale
34. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
20
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first above written.
COMMUNITY FACILITIES DISTRICT NO.
88-12 OF THE COUNTY OF RIVERSIDE
DATED:
ATTEST:
, 1991
By:
Chairman of the Board of
Supervisors, Ex Officio the
Legislative Body of Community
Facilities District No. 88-12
of the County of Riverside
By:
Clerk of the Board of
Supervisors, Ex Officio
the Legislative Body of
Community Facilities
District No. 88-12 of
the County of Riverside
EASTERN MUNICIPAL WATER DISTRICT
By:
President
TOMOND PROPERTIES, a California
general partnership
By:
John C. Raymond, Trustee
of the John and Caroline
Raymond Family Trust
Dated September 26, 1984
General Partner
21
CITY OF TEMECULA
By:
Mayor
DATE:
, 1991
ATTEST:
By:
City Clerk
Approved as to Form:
By
City Attorney
TJD:db
1/22/91
297a
22
EXHIBIT
SEWER FACILITIES
DESCRIPTION OF FACILITIES
COST AND BUDGETS
COUNTY OF RIVERSIDE
COMMUNITY FACILITIES DISTRICT 88-12
YNEZ ROAD CORRIDOR
CITY OF TEMECULA
11-JAN-1991
SEWER FACILITIES TO BE ACQUIRED (Table 1)
$125,239.76
SEWER FACILITIES TO BE CONSTRUCTED (Table 2)
$180,960.00 (a)
SUBTOTAL
$306,199.76
iNCIDENTAL COSTS (For Facilities to be Constructed only)
DESIGN PHASE SERVICES
Engineering
Plan Check
Administration
$16,500.00 (b)
$5,881.00 (c)
$2,714.00 (d)
CONSTRUCTION PHASE SERVICES
Construction Management
Construction Inspection
Construction Surveys
Construction Soils Testing
$2,714.00 (d)
$5,881.00 (c)
$8,143.00 (e)
$5,429.00 (f)
SUBTOTAL $45,762.00
GRAND TOTAL $351,961.76 (g)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Estimated Costs based on preliminary plans with 20% contingencies
Per agree_~ent between City of Temecula and J. F. Davidson Associates plus 10%
Budget Amount est{-~ted at 3.25% of Construction Estimate for indicated projects
Budget Amount estimated at 1.50% of Constru'ction Estimate for indicated projects
Budget Amount estimated at 4.50% of Construction Estimate for indicated projects
Budget Amount estimated at 3.00% of Construction Estimate for indicated projects
DOES NOT INCLUDE FINANCING COSTS
EXHIBIT "B"
Page 1 of 3
TABLE 1: 11-JM1-1991
$E~R FACILITIES TO BE AO3U]RED 8Y EASTERN I~111C]PAL I.~ATER D~STRTCT
! TEM LINZT
NO ITF. H OESCRIPT30NS QUANTITY UNIT C:~ST C~ST
EXISTING SEVER SYSTE#
1 8" VCP Sever Main 1583.0 LF S20.~5 S32,055.7~
2 (.8" HahhoLes 6.0 ~ S1,~0.~ S10,~00.~
3 S~Li~ N~oL~ 9.0 ~ S1,~.~ S12,~.~
~ R~ve E~ PL~ 1.0 LS S150.00 S150.~
5 ~" LateraLs 219.0 LF S12.00 S2,~8.00
6 Traffic C~trot, ~ltt 1.0 LS ~,~.~ ~,~.~
? 500C Backh~ ].0 HR ~5.00 $1~.~
8 Latter u/ Tr~k & T~ts 12.0 HR ~0.00 $~.00
9 1-T~ Tr~k 8.0 HR ~.~ ~.00
10 ~16 8ac~ 5.0 HR ~5.~ S3~.~
11 ~ VCP Pi~ ~.0 LF ~.00 ~.~
1~ Ins~ti~ for RTAP 1.0 LS $10,~2.21 $10,~02.21
13 ~2 G BL~ 5.0 HR ~S.00 ~.00
1~ ~ove In 5.0 HR ~6.00 $130.00
~5 12G 8L~e 32.5 HR ~.00 $2,7~.50
~ 225 Backhoe 29.0 fir $1~.00 $],~.00
17 500 H~ ~/ Vibrato~ ~.0 fir $~.00 $3~.00
~8 GraOe Checker ~7.0 HR ~7.00 $1,369.00
19 Lair ~/ Traffic ControL ~5.0 HR $~0.00 $1,~0.00
20 Saccut t i ng 1.0 L S S200. O0 S200. O0
21 Sheenfoot 2G.O HR $~.00 $552.00
2~ ~16 Hoe 6.5 HR ~5.00 ~22.50
2~ S L ur rX 7.0 CY ~S. O0 $315. O0
25 9~ Loa~r 11.5 HR $~.00.
2~ Hove In 225 ~ 1.0 LS $1~0.00 $130.00
27 500 8ackh~ ~/ St~r 6.0 HR $~.00 ~50.00
28 CoLd Hix 22 T~ a~ Tr~Ki~ 1.0 LS ~.00 ~0.00
29 RoLLer 1.0 DAY $1~.00 $1~.00
SUBTOTAL $87,776./,6
INCIDENTALS
Engineering S7,701.23
ConsuLtants $3,790.91
Testing & Studies , $4,2&3.29
Project Administration S11,~9.70
Supervisio~ $1,6~7.10
Letter of Credit Fees
Sta~ing S4,353.0~
SUBTOTAL $37,~)3.30
GRAND TOTAL S1Z$,~39.76
EXHIBIT "B"
Page 2 of 3
TABLE 2: 11-JAI1-1991
SEI.'ER FACILZTIES TO M C~STitIJCTED
~TEH ESTIgATED UNIT ESTII4ATED
~0 ITEN DESCRIPTIC~IS QUJUITITY UNIT COST TOTAL
1 1:~" VCP SEb'ER gAIN 1,600 LF S65.00 S104.,000.00
2 30" JACICED SEtdER CASING 120 LF S250.00 $30,000.00
3 $EgER 14ANHOLES 6 EA S2,800.00 S16,800.00
SUBTOTAL S150,800.00
20X C~T I NGENCY S.30,100. O0
TOTAL $180,960.00
EXHIBIT "B"
Page 3 of 3
EXHIBIT "C"
MEMORANDUM OF UNDERSTANDING FOR
TEMPORARY UTILITY SERVICE
THIS MEMORANDUM OF UNDERSTANDING is entered into as
of the 1st day of February, 1990, by and between TOMOND
PROPERTIES, a California general partnership, and EASTERN
MUNICIPAL WATER DISTRICT, a public agency.
1. Tomond has completed the construction of sewer
system facilities in Ynez Road, Solana Way, Motor Car
Parkway, and the 30-foot private road and utility easement,
which will be dedicated to, become the property of and be
operated and maintained by Eastern. However, Tomond's
property adjacent to the streets where those sewer system
facilities have been constructed and installed is within the
boundaries of Community Facilities District No. 88-12 (Ynez
Corridor) of the County of Riverside, and the sewer system
facilities are to be acquired by the County for the benefit
of Eastern with the proceeds of the sale of the bonds of
that community facilities district. Accordingly, Tomond
cannot dedicate or convey title to the sewer system
facilities to Eastern until the facilities are acquired by
the County with the proceeds of the sale of the bonds.
2. To allow Tomond and the County adequate time
to complete the issuance and sale of the bonds of the
community facilities district and the acquisition by the
EXHIBIT "C"
Page 1 of 3
County for Eastern from Tomond of the sewer system facili-
ties with the proceeds of the sale of those bonds, Eastern
will provide sewer service to Tomond and other property
owners in the immediate area of the sewer system facilities
for a period of twelve (12) months from the date of this
memorandum without requiring dedication of the sewer system
facilities by Tomond to Eastern.
3. Until such time as the sewer system facilities
are acquired by the County or Eastern with the proceeds of
the sale of the bonds of the community facilities district
or Tomond dedicates the sewer system facilities to Eastern,
Eastern shall have no responsibility for the repair or
maintenance of the sewer system facilities or any street
repairs or maintenance associated therewith, and Tomond
shall be solely responsible for all such repairs and
maintenance, and shall indemnify Eastern from any expense in
connection therewith.
4. If the County determines, for whatever reason,
that it is unable to proceed with the issuance and sale of
the bonds of the community facilities district and notifies
Tomond and Eastern of that determination, Tomond shall
forthwith, upon receipt of such notification, dedicate the
sewer system facilities to Eastern by appropriate dedication
or conveyance documents acceptable to Eastern.
-2-
EXHIBIT "C"
Page 2 of 3
5. Until the sewer system facilities are acquired
by the County for Eastern or by Eastern from Tomond with the
proceeds of the sale of the bonds of the community
facilities district or until Tomond dedicates or conveys the
sewer system facilities to
facilities shall remain and
property of Tomond.
Eastern, the sewer system
be the sole and exclusive
TOMOND PROPERTIES, a California
general partnership
· /John C. Raymond, Trus~
/ of the John and Caroline
/ Raymond Family Trust,
Dated September 26, 1984,
General Partner
Ti~.:- Genera] Manager ~ /
RTA10
-3-
EXHIBIT "C"
Page 3 of 3
JOINT FINANCING AGREEMENT BETWEEN
COMMUNITY FACILITIES DISTRICT NO. 88-12
OF THE COUNTY OF RIVERSIDE AND
THE CITY OF TEMECULA
THIS JOINT FINANCING AGREEMENT (the "Agreement") is made
and entered into as of February 1, 1991, by and between COMMUNITY
FACILITIES DISTRICT NO. 88-12 OF THE COUNTY OF RIVERSIDE (YNEZ
CORRIDOR), a legally constituted governmental entity organized and
existing pursuant to Division 2, Part 1, Chapter 2.5 of Title 5 of
the California Government Code (hereinafter "CFD No. 88-12") and
the CITY OF TEMECULA, an incorporated municipality (hereinafter
"CITY" ) .
RECITALS
A. The owners of more than 10 (ten) percent of the
property within the boundaries of CFD No. 88-12, as shown on
Exhibit "A" which is attached hereto, filed an application and a
written petition with the County of Riverside (the "County") to
establish CFD No. 88-12 pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended, commencing with Section 53311
of the California Government Code (the "Act") to finance the
acquisition and construction of certain public facilities
hereinafter defined, including all incidental expenses to be
incurred in connection therewith.
B. The Board of Supervisors of the County (the "Board"),
after determining said petition sufficient, adopted Resolution No.
89-390 (the "Resolution of Intention") and Resolution No. 89-391
on July 25, 1989 that respectively stated the Board's intention to
form CFD No. 88-12 for the purpose of financing the construction
and acquisition of certain enumerated public facilities and to
EXHIBIT D
incur bonded indebtedness in an aggregate principal amount not to
exceed $60,000,000 to pay for the construction and acquisition of
said facilities. Both Resolutions called for a noticed public
hearing with regard to all matters regarding the formation of CFD
No. 88-12 and the incurrence of bonded indebtedness.
C. On August 29, 1989 the Board opened the public
hearing and continued the hearing to September 26, 1989 at which
time the hearing was closed. Upon closing said hearing, the Board
adopted Resolution No. 89-449 (the "Resolution of Formation")
establishing CFD No. 88-12, which has those boundaries as shown on
Exhibit "A", and authorizing the levy of a special tax (the
"Special Tax") within CFD No. 88-12 and Resolution No. 89-450
determining the necessity to incur bonded indebtedness. Both
Resolutions called for a special election to be held as required
by the Act.
D. On November 7, 1989 the registered voters living
within the proposed boundaries of the City of Temecula voted to
incorporate. The effective date of said incorporation was
December 1, 1989. The territory within CFD No. 88-12 is within
the boundaries of the CITY.
E. On January 9, 1990 the Board, acting in its capacity
as the legislative body of CFD No. 88-12, adopted Resolution No.
90-46, amending Resolution No. 89-449, and Resolution No. 90-47,
amending Resolution No. 89-450. Both amending Resolutions
designated March 23, 1990 as the date for the special election.
F. The ~CITY adopted Resolution No. 90-30 on March 20,
1990 stating its general support for CFD No. 88-12 and identifying
those public facilities whose acquisition or construction by CFD
2
No. 88-12 it would support.
G. On April 3, 1990 the Board canvassed the election
results of the special election held on March 23, 1990, and
determined that the qualified electors within CFD No. 88-12 voted
by a majority in excess of two-thirds of the votes cast to approve
CFD No. 88-12 incurring bonded indebtedness in an aggregate
principal amount not to exceed $60,000,000 and the levy of the
Special Tax to pay debt service on any bonded indebtedness
incurred, to pay the administrative expenses of CFD No. 88-12, and
to replenish any reserve fund established by CFD No. 88-12 to the
extent allowed by the maximum rate of the Special Tax.
H. The validity of the Special Tax and the issuance of
bonds by CFD No. 88-12 was confirmed by a judgment entered in the
Superior Court of the State of California in.and for the County of
Riverside on June 20, 1990 in the case of County of Riverside on
Behalf of Community Facilities District No. 88-12 (Ynez Corridor)
v. All Persons. etc.. et al. (Case No. 204581).
I. Certain of the public facilities to be acquired or
constructed by the proceeds of bonds to be issued and sold by CFD
No. 88-12 are, upon acquisition or construction, to be owned and
maintained by the CITY. Those specific public facilities are
enumerated and described in Exhibit "B" hereto, and by this
reference incorporated herein, and shall be identified as the
"Road Facilities".
J. CFD No. 88-12 anticipates issuing and selling an
initial series of bonds (the "Series 1991 Bonds") to pay for the
acquisition of certain of the Road Facilities, as identified on
Exhibit "B", and to pay for the design, engineering and
3
construction of certain Road Facilities, as identified on Exhibit
"B". It is presently anticipated by CFD No. 88-12 that one or
more additional series of bonds will be sold to pay for the
design, engineering and construction of additional Road
Facilities, also identified on Exhibit "B".
K. CFD No. 88-12 and the CITY desire to enter into this
Agreement pursuant to Sections 53316.2, 53316.4 and 53316.6 of the
Act.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants
hereinafter contained, the parties agree as follows:
1. Sale of Bonds and Use of Proceeds. CFD No. 88-12
shall proceed to issue and sell bonds in one or more series at
such time and in such amounts as CFD No. 88-12, ~in its discretion
after consultation with the CITY, may determine to be
appropriate. The principal amount of any series shall include,
but not be limited to, the costs of the public facilities to be
acquired or constructed, a reasonable amount for underwriting fee,
a bond reserve fund, capitalized interest, gross funded for a
period determined appropriate by CFD No. 88-12, bond issuance
costs and all such incidental costs as may be permitted by the Act
and applicable law and approved by CFD No. 88-12. The amount of
bonds to be sold in any series shall be determined in consultation
with the CITY and will represent, in part, that amount which the
CITY, in good faith, has determined can be expended within
twenty-four (24) months of date on which bond proceeds would be
available for the design, engineering, construction and
acquisition of the Road Facilities. The proceeds from the sale of
any series of bonds shall be deposited, held, invested and
reinvested as provided in a bond indenture or any supplement
thereto, between CFD No. 88-12 and Security Pacific National Bank,
as Fiscal Agent (the "Fiscal Agent"), or successor Fiscal Agent,
regarding the particular series of bonds issued and sold by CFD
No. 88-12. Resolution No. 91- providing for the issuance and
sale of the Series 1991 Bonds approved a Bond Indenture (the
"Indenture") between CFD No. 88-12 and the Fiscal Agent.
2. Sale of the Series 1991 Bonds. On or about
February , 1991, CFD No. 88-12 shall offer the Series 1991
Bonds in the aggregate principal amount of $ for
sale to Stone & Youngberg, or other underwriter acceptable to CFD
No. 88-12, pursuant to the Act to fund the acquisition and
construction of the Road Facilities as so identified in Exhibit
"B". The proceeds of the Series 1991 Bonds are to be used for the
purposes substantially set forth in the Receipts and Disbursement
Schedule attached hereto as Exhibit "C" and by this reference
incorporated herein.
3. Reimbursement to CFD No. 88-12 for Costs Incurred
Prior to Sale of Bonds. CFD No. 88-12 is to receive one quarter
of one (.0025) percent of the principal amount of any series of
bonds issued and sold by CFD No. 88-12 to cover its costs incurred
during the formation of CFD No. 88-12 and in preparing and coordi-
nating the sale of each series of bonds. This amount represents
all administrative, legal and other incidental expenses incurred
by CFD No. 88-12 during the formation of the CFD No. 88-12 and
prior to the issuance and sale of the Series 1991 Bonds. The
amount is to be paid only from the proceeds of the bonds.
4. Reimbursement of Costs Incurred by CITY Prior to the
Sale of the Series 1991 Bonds. On the date of delivery of the
Series 1991 Bonds and receipt of the proceeds therefor, CFD No.
88-12 shall cause to be paid to the CITY from the Construction
Account (the "Construction Account") of the Acquisition and
Construction Fund established by the Indenture those amounts shown
on Exhibit "D" hereto. Exhibit "D" lists those costs incurred or
advanced by the CITY for the design and engineering of the Road
Facilities and incidental costs related thereto, including legal
and administrative expenses.
5. Reimbursement of Costs Incurred by Property Owners
Prior to Sale of the Series 1991 Bonds.
(a) CFD No. 88-12 and the CITY acknowledge that
those property owners listed on Exhibit "E" hereto expended or
advanced those amounts shown on Exhibit "E" for a special tax
consultant, appraisal fees, and fees of other consultants employed
in connection with the formation of CFD No. 88-12, the financing
of the public facilities and the issuance of the Series 1991
Bonds. Those amounts shown on Exhibit "E" shall be paid to the
persons or entities identified on Exhibit "E" from the Cost of
Issuance Account (the "Cost of Issuance Account") of the
Acquisition and Construction Fund established by the Indenture.
(b) CFD No. 88-12 and the CITY acknowledge that
those property owners listed on Exhibit "F" hereto expended or
advanced those amounts shown on Exhibit "F" to pay for design and
engineering costs associated with the Road Facilities. Those
amounts shown on Exhibit "F" shall be paid to the persons or
entities identified on Exhibit "F" from the Construction Account.
6
CITY represents to CFD No. 88-12 that these costs are included in
the engineering and design costs shown on Exhibit "B".
6. Facilities to be Acquired. Certain of the Road
Facilities, as identified on Exhibit "B", were substantially
constructed by Tomond Properties, a California general
partnership, prior to the adoption of the Resolution of
Formation. Consistent with the Act and this Agreement, CFD No.
88-12 will acquire on behalf of the CITY and the CITY will accept
said Road Facilities. CITY is to prepare those deeds or easements
by which dedication or transfer of title to the CITY of the land
or rights-of-way on and over the property on which said Road
Facilities are constructed is to be made. Conveyance of title to
the CITY of said Road Facilities shall be free of all liens and
encumbrances except those easements and other matters of record
that will not interfere with the use or maintenance of said Road
Facilities. The price to be paid for each of the Road Facilities
to be acquired is as shown on Exhibit "B". Upon transfer of
title, the CITY°will have the obligation to maintain such Road
Facilities consistent with its procedures for the use and benefit
of persons owning property, residing or working within the
boundaries of CFD No. 88-12.
7. Acquisition and Development of a Park Site.
(a) The CITY has not determined the site that it
desires to acquire or develop with proceeds from the Series 1991
Bonds for use as a park. The CITY agrees that it will cause the
park to be designated within two (2) years of the date on which
CFD No. 88-12 sells the Series 1991 Bonds. The CITY further
agrees that the park site will satisfy the following criteria as
specified by the Act, the Resolution of Intention, Bond Counsel
and Counsel to CFD No. 88-12:
(1) The proceeds from the Series 1991 Bonds will be used
to construct, purchase, expand, improve or
rehabilitate real or other tangible'property with
the resulting park having an estimated useful life
of five (5) years or longer.
(2) The park will be located within CFD No. 88-12 or
benefit persons owning real property or working or
living within CFD No. 88-12, benefit to be
determined by Bond Counsel and Counsel to CFD
No. 88-12 consistent with applicable law.
(3) The park will be owned, operated and maintained by
the CITY.
8. DesiGn and Engineering of Road Facilities to be
Constructed. The CITY shall employ a properly qualified
registered civil engineer (the "Design Engineer") to design and
prepare detailed bid documents, construction plans, and
specifications for the Road Facilities identified on Exhibit "B"
that are to be constructed by the CITY. Upon submission by the
CITY of a Payment Request Form (the "Payment Request Form") as
specified by the Indenture to the Fiscal Agent and a~duplicate to
CFD No. 88-12, proceeds in the Construction Account will be paid
to the individuals or entities identified in the amounts specified
to pay for the design and engineering costs, including any amounts
necessary to reimburse the CITY for its administrative costs
incurred in reviewing and approving the plans, specifications and
bid documents. Each Payment Request Form submitted by the CITY
shall have a certificate attached thereto, signed by the
designated representative of the CITY, in the form as shown in
Exhibit "G" hereto. Failure on the part of the CITY to provide
the duplicate Payment Request Form to CFD No. 88-12 at the time it
submits the original to the Fiscal Agent will result in CFD No.
88-12 directing the Fiscal Agent to withhold any disbursement of
bond proceeds from the Construction Account until notice is
provided by CFD No. 88-12 that payment is to be made.
Exhibit "B" provides an estimated budget for the design,
engineering and construction of each of the Road Facilities. This
budget has been prepared by engineers retained by the CITY and it
is the responsibility of the CITY to function within the dollar
costs set forth in Exhibit "B".
CITY agrees to keep records of all funds received from
the Construction Account and made available for the design,
engineering, construction and acquisition of the Road Facilities.
Such records shall be available for inspection by CFD No. 88-12
during business hours on reasonable notice.
9. Acquisition of Rights-of-Way. CITY has full
responsibility for securing all easements and rights-of-way
required for the construction of the Road Facilities.
10. Solicitation of Bids. CITY shall solicit bids for
the construction of the Road Facilities as public works contracts
in compliance with the appropriate sections of the Act, the Public
Contracts Code, the Government Code, and the Labor Code governing
the solicitation of bids by a municipality.
ll. Bid Awards. CITY shall award contracts for the Road
Facilities as public works contracts in compliance with the Act
9
and the applicable sections of the Public Contracts Code, the
Government CQde and the Labor Code. The Road Facilities shall be
constructed by a contractor or contractors licensed by the State
of California (the "Contractor").. The Contractor shall be
required to provide performance and payment bonds, each in a
principal amount equal to 100% of the contract price, and to name
both the CITY and CFD No. 88-12 and the employees, officers,
directors, agents and consultants thereof as additional insureds
under a comprehensive general liability insurance policy with
coverage broad enough to include contractual obligations under
such construction contract and in an amount not less than two
million dollars ($2,000,000) per occurrence. The bid and contract
documents shall include the bond and insurance requirements as set
forth by mutual agreement of the CITY and CFD No. 88-12 at the
time of advertising for bids, and said requirements shall not be
less than those stated above.
Prior to the award of any bid for a Road Facility, the
CITY shall determine from CFD No. 88-12 that there are sufficient
funds in the Construction Account to cover the award of the bid
for the Road Facility. No award of a contract for a Road Facility
shall be made unless funds, not otherwise committed by prior
construction contracts, are available to cover the contract award,
including a contingency amount equal to ten percent (10%) of the
contract price and all costs for inspecting and administering said
contract. Failure by the CITY to secure approval as to the
availability of funds prior to the award of a contract will result
in CFD No. 88-12 directing the Fiscal Agent not to honor any
Payment Request Forms submitted for said contract until and unless
10
CFD No. 88-12 can determine that funds are available.
12. Construction of the Road Facilities.
(a) Contract Administration. The CITY shall have
responsibility for administering the construction contracts
awarded for the Road Facilities.
(b) Inspection. Inspection of the Road Facilities
during construction shall be the responsibility of the CITY and
its retained engineers.
(c) Payment. Upon the CITY submitting a Payment Request
Form to the Fiscal Agent, and a duplicate to CFD No. 88-12,
payment will be made from proceeds in the Construction Account for
work completed in the amounts and to the entities specified in the
Payment Request Form. Failure on the part of CITY to provide the
duplicate Payment Request Form to CFD No. 88-12 at the time it
submits the original to the Fiscal Agent will result in CFD No.
88-12 directing the Fiscal Agent to withhold any disbursement of
bond proceeds from the Construction Account until notice is
provided by CFD No. 88-12 that payment is to be made. CITY is to
have secured all appropriate labor and material releases prior to
submitting the Payment Request Form. A certificate in the form of
Exhibit "G" is to be attached to each Payment Request Form and
executed by the designated representative of the CITY.
(d) Chanae Orders. No change order may be approved by
the CITY, with regard to a Road Facility, without receiving
confirmation from CFD No. 88-12 that there are sufficient
uncommitted funds in the Construction Account for such purposes.
The CITY's representative may approve change orders in a
cumulative total amount of $30,000 or 3% of the contract price of
11
each Road Facility, whichever is less, without receiving prior
confirmation from CFD No. 88-12 of the availability of funds.
13. Completion of Construction. The CITY shall prepare
and execute a Notice of Completion as to each of the Road
Facilities, record said Notice with the Office of the Recorder of
the County of Riverside, State of California, and cause the
Contractor and all subcontractors to provide lien and material
releases with respect thereto. The CITY shall provide copies of
each said Notice and all releases to CFD No. 88-12
14. Administrative Costs.
(a) Construction. All administrative costs of the CITY,
which may include but are not limited to the reasonable costs of
preparing the bid documents, all fees and costs incurred in
obtaining permits, licenses, rights-of-way or easements, and
engineering, legal, fiscal, inspection fees and land acquisition
costs, are provided for in Exhibit "B". The parties recognize
that the amount of such costs may subsequently increase prior to
the completion of construction of the Road Facilities. The CITY
shall prepare a Payment Request Form and appropriate certificate,
and submit said Form to the Fiscal Agent and a duplicate to CFD
No. 88-12 for the reasonable administrative costs actually
incurred by the CITY pursuant to this Agreement. Failure on the
part of CITY to provide the duplicate Payment Request Form to CFD
No. 88-12 at the time it submits the original to the Fiscal Agent
will result in CFD No. 88-12 directing the Fiscal Agent to
withhold any disbursement of bond proceeds from the Construction
Account until notice is provided by CFD No. 88-12 that payment is
to be made. A certificate in the form of Exhibit "G" is to be
12
attached to each Payment Request Form and executed by the
designated representative of the CITY.
(b) On Going. CITY has entered into an
agreement(s) with many of the property owners within the boundary
of CFD No. 88-12. The agreement provides that the CITY will make
a portion of sales and use tax revenue generated from the property
owners' holdings with CFD No. 88-12 available to the property
owner to off set their Special Tax obligation. On or before June
1 of each calendar year, the CITY shall submit to CFD No. 88-12 an
itemized budget of expenses it estimates it will incur during the
ensuing fiscal year to administer said agreements and for any
administrative expenses associated with CFD No. 88-12. CFD No.
88-12 shall cause said amount to be included in its calculation of
administrative expenses to be collected through the Special Tax
and deposited in the Administrative Expense Fund created by the
Indenture. The CITY shall submit billings throughout the fiscal
year for such expenses actually incurred and CFD No. 88-12 will
cause the appropriate Payment Request Form to be prepared and
submitted to the Fiscal Agent.
15. Use of Funds. The CITY shall use all funds received
from CFD No. 88-12 exclusively for the payment of the design,
engineering, construction and acquisition costs of the Road
Facilities, except as otherwise provided in this Agreement. The
CITY shall strictly account for the expenditure of such funds
according to accepted accounting practices for public agencies and
shall report all receipts and disbursements to CFD No. 88-12 upon
reasonable request by CFD no. 88-12. It is the intention of the
parties that the CITY shall receive payment of bond proceeds only
13
in connection with the Payment Request Form for costs and expenses
paid or incurred, including, without limitation, any amounts owing
under any construction contract entered into by the CITY for the
Road Facilities. CITY shall provide CFD No. 88-12 with a complete
accounting showing expenditure of the funds received from CFD No.
88-12. The accounting may be subject to independent audit at the
expense of CFD No. 88-12 to determine whether the CITY's methods
of reporting, accounting and control are in compliance with the
requirements of this Agreement. CFD No. 88-12 shall account for,
deposit, invest and reinvest bond proceeds in the manner required
by the Indenture.
16. Use of the Road Facilities. Upon completion of
construction and acceptance by the CITY of the Road Facilities,
said facilities shall be and remain the sole and separate property
of the CITY. The Road Facilities shall be operated, maintained
and utilized by the CITY to serve the properties within CFD No.
88-12 and other lands pursuant to applicable rules, regulations,
policies and procedures of the CITY.
17. Improvement Security. Any Road Facility, or portion
thereof, for which the Series 1991 Bonds have been sold shall not
be the subject of a subdivision improvement bond or other security
requirement pursuant to Government Code Section 66499 to the
extent that subdivision requirements are satisfied by available
bond proceeds.
18. Tax for Debt Service. Upon sale and delivery of the
Series 1991 Bonds, the Board, as the legislative body of CFD No.
88-12, shall annually levy the Special Tax as provided for in the
formation proceedings for CFD No. 88-12 authorizing the levy of
14
such Special Tax and the sale and issuance of the Series 1991
Bonds. The entire amount of the Special Tax annually levied shall
be allocated to CFD No. 88-12.
19. Capitalized Interest. CFD No. 88-12 agrees that
funds equal to ( ) months of capitalized interest, as
provided by the Indenture, shall be deposited in the Capitalized
Interest Account of the Acquisition and Construction Fund
established by the Indenture to pay interest on the Series 1991
Bonds. Said Account shall be depleted before any Special Taxes
are applied to debt service on the Series 1991 Bonds.
20. Indemnification. The CITY shall assume the defense
of, indemnify and hold harmless CFD No. 88-12 and its respective
officers, employees, agents, and consultants, and each and every
one of them, from and against all actions, damages, claims, losses
and expenses of every type and description to which they may be
subjected or put, by reason of, or resulting from, (i) the actions
of CITY pursuant to this Agreement and (ii) the design,
engineering, and construction of the Road Facilities as shown on
Table 2 of Exhibit B; provided that nothing in this paragraph
shall limit, in any manner, CFD No. 88-12's rights against any of
CITY's contractors, architects or engineers. No provision of this
Agreement shall in any way limit the extent of the responsibility
of CITY for payment of damages resulting from its own operations,
including but not limited to design liability for the Road
Facilities, or the operations of any of its contractors, agents or
employees.
CFD No. 88-12 shall assume the defense of, protect,
indemnify and hold harmless the CITY and its respective officers,
15
employees, agents, and consultants and each and every one of them,
from and against all actions, damages, claims, losses, liabilities
and expenses of every type and description to which they may be
subjected or put, by reason of, or resulting from, the actions of
CFD No. 88-12 taken in the performance of this Agreement. No
provision of this Agreement shall in any way limit the extent of
the responsibility of CFD No. 88-12 for the payment of damages
resulting from its own operations or the operations of any of its
contractors, agents or employees.
21. Effective Date and Termination. This Agreement
shall become effective and of full force and effect as of the date
(the "Effective Date") on which CFD No. 88-12 sells and issues the
Series 1991 Bonds. Should CFD No. 88-i2 not sell the Series 1991
Bonds, this Agreement shall terminate and be of no further force
and effect.
22. Notice. Any notice, payment or instrument required
or permitted by this Agreement to be given or delivered to any
party or other person shall be deemed to have been received when
personally delivered or upon deposit of the same in the United
States Post Office, registered or certified, postage prepaid,
addressed as follows:
16
CITY:
Fiscal Agent:
CFD No. 88-12:
City Manager
City of Temecula
27403 Ynez Road, Suite 109
Temecula, California 92390
Security Pacific National Bank
333 South Beaudry Avenue (W24-30)
Los Angeles, California 90017
Community Facilities District
No. 88-12
County of Riverside
c/o Administrative Office
4080 Lemon Street, 12th Floor
Riverside, California 92501
Attn:
Community Facilities
District Administrator
Each party can change its address for delivery of notice
by delivering written notice of such change of address to the
other party within twenty (20) days of such change.
23. CITY's Designated Representative. The CITY hereby
designates the City Manager, or his/her designee(s), as the
Designated Representative for purpose of executing all Payment
Request Forms submitted to the Fiscal Agent.
24. captions. Captions to Sections of this Agreement
are for convenience only and are not part of this Agreement.
25. Severability. If any portion of this Agreement is
declared by a court of competent jurisdiction to be invalid or
unenforceable, such portion shall be deemed severed from this
Agreement and the remaining parts shall remain in full effect as
though such invalid or unenforceable provision had not been a part
of this Agreement.
26. Entire Agreement. This Agreement contains the
entire agreement between the parties with respect to the matters
provided herein.
17
27. Amendments. This Agreement may be amended only by a
subsequent written agreement signed by all of the parties.
28. Exhibits. The following exhibits attached hereto
are incorporated into this Agreement by reference:
Exhibit Description
"A" Map of CFD No. 88-12
Boundaries
"B" Road Facilities and Budget
"C" Receipts and Disbursement~
Schedule
"D" Costs to be Reimbursed City
"E" Formation Costs to be
Reimbursed Property Owners
"F" Design and Engineering Costs to
be Reimbursed Property Owners
"G" Certificate of City
29. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be .executed as of the date first above written.
COMMUNITY FACILITIES DISTRICT NO.
88-12 OF THE COUNTY OF RIVERSIDE
By:
Chairman of the Board of
Supervisors, Ex Officio the
Legislative Body of Community
Facilities District No. 88-12
of the County of Riverside
18
DATE:
ATTEST:
, 1991
By:
Clerk of the Board of
Supervisors, Ex Officio
the Legislative Body of
Community Facilities
District No. 88-12 of
the County of Riverside
CITY OF TEMECULA
DATE:
ATTEST:
, 1991
By:
Mayor
By:
City Clerk
Approved as to form:
By
City Attorney
TJD:ay/db
1/22/91
274a
19
EXHIBIT "E"
BILL OF SALE
For a valuable consideration, receipt of which is hereby
acknowledged Community Facilities District No. 87-1 of the County
of Riverside as SELLER, hereby bargains, conveys, and grants unto
the EASTERN MUNICIPAL WATER DISTRICT, a public agency of the State
of California, the following described personal property, such
conveyance to become effective upon the construction,
installation, and acceptance by the District of such personal
property as described below:
All EMWD (Water) Facilities financed and constructed by SELLER
pursuant to the "Joint Financing and Construction Agreement
Among Community Facilities District No. 87-1 of the County of
Riverside and Eastern Municipal Water District dated
SELLER hereby warrants that the above-described facilities are
free and clear of any and all encumbrances. In this regard SE?.?iRR
hereby agrees to protect and defend the DISTRICT'S ownership
herein. SELLER further agrees to Indemnify the DISTRICT for any
and all loss which may be occasioned or suffered by the DISTRICT
as a result of any claims by others as to clear title to the
facilities covered hereby.
EXHIBIT "E"
Page I of 2
This Agreement is binding on the heirs, representatives,
successors, and assigns of the parties hereto.
Subscribed and sworn to
before me this __day
of
19
Notary Public in and for
the State of California
Expiration Date
Firm Name:
By:
Date:
TO BE SIGNED UPON PROJECT COMPLETION ONLY
EXHIBIT "E"
Page 2 of 2
sff/AGR113438r
ACQUISITION AGREEMENT BETWEEN THE CITY OF
TEMECULA AND TOMOND PROPERTY, A
CALIFORNIA LIMITED PARTNERSHIP
THIS ACQUISITION AGREEMENT (the "Agreement") is
made and entered into as of , 1990 by and between
THE CITY OF TEMECULA, a municipal corporation ("City") and
TOMOND PROPERTIES, a California general partnership,
("Property Owner").
RECITALS
A. The Board of Supervisors ("Board") of the
County of Riverside ("County") adopted Resolution No. 89-449
("Resolution of Formation") on September 26, 1989 completing
proceedings for the formation of Community Facilities
District No. 88-12 (Ynez Corridor) ("CFD No. 88-12") pur-
suant to the Mello-Roos Community Facilities Act of 1982, as
amended, commencing at Section 53311 of the California
Government Code ("Act") as shown on the boundary map
attached hereto as Exhibit "A". CFD No. 88-12 was formed to
provide financing for the construction and acquisition of
certain public facilities which include certain road facil-
ities to be owned and maintained by City ("Road Facilities")
as d~picted and enumerated in Exhibit "B" which is attached
hereto and incorporated herein.
-1-
sff/AGRl13438r
B. The proceedings to establish CFD No. 88-12
included a special election wherein the qualified electors
authorized bonded indebtedness in an aggregate principal
amount not to exceed $60,000,000 and authorized an annual
levy of a special tax (the "Special Tax") within CFD No.
88-12 to fund debt service on bonded indebtedness incurred.
C. Property Owner, prior to the adoption of
Resolution of Formation, constructed the Road Facilities,
which had been identified in Resolution No. 90-390 (the
"Resolution of Intention"), adopted by the Board on July 25,
1989, as facilities that CFD No. 88-12 would acquire on
behalf of City consistent with the appropriate sections of
the Act.
D. Prior to the construction of the Road Facili-
ties, City reviewed and approved the plans and specifica-
tions for the construction of the Road Facilities and
inspected'said facilities during the course of their con-
struction.
E. CFD No. 88-12 presently anticipates the issu-
ance and sale of its Series 1991 Bonds (the "Series 1991
Bonds") in the principal amount of $12,869,193 in
February , 1991. The proceeds of the Series 1991 Bonds
will be used in part to acquire the Road Facilities on
behalf of City.
-2-
sff/AGRl13438r
AGREEMENT
NOW, THEREFORE, in consideration of the mutual
covenants hereinafter contained, the parties agree as
follows.
1. Sale of the Series 1991 Bonds and Use of the
Proceeds. CFD No. 88-12 will proceed with the issuance and
sale of the Series 1990 Bonds at such time and in such
amount as CFD No. 88-12 in its discretion, after consulta-
tion with the City regarding the Road Facilities, may deter-
mine is appropriate. The proceeds of the Series 1990 Bonds
will be used, in part, to acquire, on behalf of City, the
Road Facilities for the dollar amounts shown on Exhibit "B".
2. Completion of Road Facilities. Property Owner
will provide to City copies of the Notice of Completion that
it has caused to be recorded with the Office of the County
Recorder for the County of Riverside regarding the Road
Facilities. Property Owner shall provide to City copies of
all labor and material lien releases which it has received
from the contractors it retained to construct the Road
Facilities.
3. Acceptance. City agrees to accept title to,
and provide service through, the Road Facilities, subject to
certification by City that such Facilities have been com-
pleted in accordance with the plans and specifications and
provided that title to the Road Facilities is free of all
-3-
sff/AGRl13438r
liens and encumbrances not otherwise acceptable to City. In
this regard, it is specifically understood and agreed that
City shall not be obligated to accept title or to operate
and maintain the Road Facilities until satisfactory final
inspection and testing thereof by the City has been
completed and all easement and deed documents have been
received by City.
4. Conveyance of Title. City shall cause to be
prepared those deeds or easements by which dedication or
transfer of title to City of the land or rights-of-way on
and over the property on which the Road Facilities are
constructed will be accomplished. Conveyance of title to
the City of said Road Facilities shall be free of all liens
and encumbrances except those easements and other matters of
record that will not interfere with the use or maintenance
of the Road Facilities.
'5. Use of Road Facilities. Upon conveyance of
title to the Road Facilities and acceptance of ownership,
said Road Facilities shall become and remain the sole and
separate property of City and shall be operated, maintained
and utilized by City to serve the territory within CFD No.
88-12 and other lands pursuant to applicable City rules,
regulations, policies and procedures as they may be amended
from time to time by the City Council of the City.
-4-
sff/AGRl13438r
6. Maintenance. Prior to the transfer of
ownership of the Road Facilities to City, Property Owner
shall be responsible for their maintenance. Upon acceptance
of the Road Facilities by City, City shall be solely
responsible for the maintenance thereof and all rights,
duties and obligations of Property Owner for said
maintenance shall terminate.
7. No Obligations Assumed. Nothing herein shall
be construed as requiring CFD No. 88-12 to issue or sell the
Series 1991 Bonds pursuant to the Act or any other law or
regulation requiring the construction of the Road
Facilities.
8. Indemnification. Property Owner shall assume
the defense of, indemnify and hold harmless City and its
officers, employees and agents, and each and every one of
them, from and against all actions, damages, claims, losses
and expenses of every type and description to which they may
be subjected or put, by reason of, or resulting from, (i)
the actions of Property Owner required in the performance of
this Agreement and (ii) the design, engineering and
construction of the Road Facilities designed, engineered and
constructed by Property Owner; provided that, the actions,
damages, claims, losses and expenses covered by this
paragraph shall be those arising out of events which occur
during the period up to the acceptance of the Road
-5-
sff/AGRl13438r
Facilities by City whether or not an action or claim is
filed by the date of acceptance of the Road Facilities; and
provided further that, nothing in this paragraph shall
limit, in any manner, City's rights against any of Property
Owner's architects or engineers. No provision of this
Agreement shall in any way limit the extent of the
responsibility of Property Owner for payment of damages
resulting from its own operations or the operations of any
of its agents or employees.
City shall assume the defense of, indemnify
and hold harmless Property Owner and its officers, employees
and agents, and each and every one of them, from and against
all actions, damages, claims, losses and expenses of every
type and description to which they may be subjected or put,
by reason of, or resulting from, the actions of City taken
in the performance of this Agreement and the operation and
maintenance of the Road Facilities from the date said
facilities are accepted by City. No provision of this
Agreement shall in any way limit the extent of the
responsibility of City for the payment of damages resulting
from its own operations or the operations of any of its
contractors, agents or employees.
9. Effective Date and Termination. This
Agreement shall become effective and of full force and
effect as of the date (the "Effective Date") on which CFD
-6-
sff/AGR113438r
No. 88-12 sells and issues the Series 1990 Bonds. Should
CFD No. 88-12 be unable to sell the Series 1990 Bonds, this
Agreement shall terminate and be of no further force and
effect.
10. Notice. Any notice, payment or instrument
required or permitted by this Agreement to be given or
delivered to any party or other person shall be deemed to
have been received when personally delivered or upon deposit
of the same in the United States Post office, registered or
certified, postage prepaid, addressed as follows:
Property Owner: Tomond Properties
City:
City of Temecula
P.O. Box 3000
Temecula, California 92390
Attention: City Manager
Each party can change its address for delivery
of notice by delivering written notice of such change of
address to the other parties within twenty (20) days of such
change.
11. CaDtions. Captions to sections of the
Agreement are for convenience purposes only and are not part
of this Agreement.
12. Severability. If any portion of this
Agreement is declared by a court of competent jurisdiction
-7-
sff/AGRl13438r
to be invalid or unenforceable, such portion shall be deemed
severed from this Agreement and the remaining parts shall
remain in full effect as though such invalid or unenforce-
able provision had not been a part of this Agreement.
13. Successors and Assigns. This Agreement shall
be binding upon and inure to the benefit of the successors
and assigns of the parties hereto.
14. Entire Aqreement. This Agreement contains the
entire agreement between the parties with respect to the
matters provided herein.
15. Amendments. This Agreement may be amended or
modified only in writing signed by all of the parties.
16. Exhibits. The following exhibits attached
hereto are incorporated into this Agreement by reference.
Exhibit
#a#
Description
Boundary Map of CFD No. 88-12
Road Facilities Description and
Purchase Price
-8-
sff/AGRl13438r
17. Counterparts. This Agreement may be executed
in counterparts, each of which shall be deemed an original.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first above written.
CITY OF TEMECULA
By
Ron Parks, Mayor
ATTEST:
By
David F. Dixon, City Clerk
APPROVED AS TO FORM:
By:
Scott F. Field, City Attorney
TOMOND PROPERTIES, a California
general partnership
By
John C. Raymond,
Trustee of the John and Caroline
Raymond Family Trust Dated
September 26, 1984 General Partner
-9-
sff/AGRl13435r
EXHIBIT #A#
BOUNDARY MAP OF CFD NO. 88-12
-10-
sff/AGRl13438r
EXHIBIT
ROAD FACILITIES DESCRIPTION AND PURCHASE PRICE
EXHIBIT B
COST SUMMARY FOR FAClLITES TO BE ACQUIRED BY THE CITY OF TEMECULA
UNIT QUANTFrY UNIT
ITEM # DESCRIPTION PRICE
1 STREET FACILITIES L.S. 1 767,520.66
2 STREET LIGHTS & UTILITIES L.S. 1 259,040.06
3 GRADING L.S. 1 87,087.00
4 LANDSCAPING L.S. 1 62,109.63
GRAND TOTAL
COST
767,520.66
259,040.06
87,087.00
62,109.63
1,175,757.35
JN 04020-0505 Page I 15-Jan-S1
EXHIBIT B
STREET FACILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA
ITEM#
STREET FACILmES
DESCRIPTION
UNrF QUANTITY
1 REMOVAL OF 77,385 S.F. L.S.
2 SUBGRADE - BALANCE & COMPACT S.F.
3 .28 AC OVER .89 CLASS II BASE S.F.
4 FOG SEAL S.F.
5 CURB & CROSS GuI-rER &
SPANDREL GRADE W/6' BASE L.S.
6 TYPE 'A' CURB & GUTTER L.F.
7 CROSS GUTTER & SPANDREL S.F.
8 SIDEWALK GRADE ES.
9 REFLECTORS TYPE ' F' L.S.
10 REMOVAL - EXTRA L.S.
11 INCREASED SECTION TO .36 AC
OVER .90 CLASS II LS.
12 TRAFFIC CONTROL - EXTRA L.S.
13 AC & BASE - EXTRA L.S.
14 743 TON CLASS II BASE L.S.
15 DUMP TRUCK HR.
16 966 HAUL 14 LOADS LS.
17 6' SIDEWALK W/RAMPS S.F.
18 24' RCP LF.
19 18' RCP LF.
20 14' CATCH BASIN EA.
21 10' CATCH BAISN EA.
22 28' CATCH BASIN EA.
23 #1 MANHOLE E~
24 RIP RAP L.S.
25 CUT & REMOVE CONCRETE LF.
26 LABORER W/TRUCK & TOOLS HR.
27 416 BACKHOE HR.
28 PLASTIC CEMENT EA.
29 ONE TON TRUCK & EQUIPMENT HR.
30 500C BACKHOE HR.
31 PiPE & MATERIALS L.S.
32 3/4' CONDUIT, 100 FT. TRENCH
& BACKFILL FOR 110 POWER TO
PEDESTALS L.S.
33 TRAFFIC CONTROL L.S.
34 24' RCP CLASS IV LF.
35 54' RCP CLASS IV LF.
36 54' RCP CLASS IV L.F.
37 MANHOLE #4 EA.
38 MANHOLE//1 EA.
1
77,385
77,385
77,385
1
1,760
2,261
1
1
1
1
1
1
1
14
1
11,880
490
247
1
1
1
1
1
16
28
7
5
5
8
1
1
1
10
168
469
1
1
UNIT
PRICE
35,550.00
0.10
1.19
0.02
3,700.00
6.50
2.75
800.00
200.00
5,500.00
13,766.00
6,754.00
8,700.00
5,201.00
50.00
1,120.00
2
39.37
3,600.00
4,000.00
5,750.00
2,400.00
500.00
11.00
7.00
25.00
55.10
565.00
2,500.00
39.37
118.00
94.00
5,100.00
2,400.00
COST
35,500.00
7,738.50
92,088.15
1,547.70
3,7O0.00
11,440.00
6,217.75
800.00
200.00
5,500.00
13,766.00
6,754.O0
8,700.00
5,201.00
700.00
1,120.00
23,760.00
19,291.30
8,151.00
3,600.00
4.000.00
5,750.00
2,400.00
500.0O
176.00
840.00
455.00
125.00
520.00
55.10
565.00
2,500.00
393.00
19,824.00
44,086.00
5,100.00
2,400.00
,IL! 0..-'020-0~,"'-:' Pa9¢ 1 19-Dec-9,3
EXHIBIT B
STREET FACILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA
UNIT QUANTITY
ITENI # DESCRIFmON
39 HEADWALL D-86B EA.
40 HEADWALL WI CUTOFF WALL EA.
41 BRICK & MORTAR PLUG EA.
42 EARTH CHANNEL L.F.
43 A.C. PAVING TON
44 54' RCP CLASS IV L.F.
45 LABOR HR.
46 HOE HR.
47 54' CROSSING SLURRY C.Y.
48 18' RCP L.F.
49 18' STUBOUT EA.
50 CONCRETE HEADWALLS EA.
51 CONCRETE APRON EA.
52 RCB 10x5 L.F.
53 REMOVE EXISTING HEADWALL EA.
54 REMOVE EXISTING WINGWALL EA.
55 EXCAVATION L.S.
56 RIP RAP L.S.
57 ASPHALT FOR RCB CROSSING L.S.
58 TRAFFIC CONTROL L.S.
59 BACKFILL CONCRETE BOX CULVERT L.S.
60 BASE MATERIAL LS.
61 RIP RAP ES.
62 WATERLINE RUN L.S.
63 REBUILD SLOPE BOX CULVERT L.S.
64 BACKFILL LS.
65 BOX CULVERT ES.
66 450 DOZER HR.
67 416 BACKHOE HR.
68 BACKHOE HR.
INCIDENTALS
1 ENGINEERING LS.
2 CONSULTANTS LS.
3 TESTING & STUDIES LS.
4 PROJECT ADMINISTRATION ES.
5 SUPERVISION L.S.
6 LE-I'rER OF CREDIT FEES L.S.
? STAKING LS.
1
1
1
40
45
37
6
2
227
20
1
2
1
300
2
2
UNIT
PRICE
13,700.00
4,100.00
200.00
9.50
68.00
118.00
30.00
29.15
· ITEMS 48-58
*ITEMS 59-61
COST
13,700.00
4,100.00
200.00
380.00
3,060.00
4,366.00
180.00
130.00
6,617.05
158,025.00
11,412.76
ITEMS 62-64 4,127.00
13,452.66 13,452.66
65.00 130.00
65.00 130.00
65.00 195.00
SUBTOTAL 565,704.97
1 42,039.64 42,039.84
I 20,730.03 20,730.03
I 22,717.97 22,717.97
1 61,514.16 61,514.16
1 8,711.24 8,711.24
I 22,796.96 22,796.96
1 23,305.48 23,305.48
SUBTOTAL 201,81 5.69
GRAND TOTAL 767,520.68
JN 04020-050,:, Paoe 2 19-Dec-93
EXHIBIT B
STREET LIGHTS & UTILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA
UNIT QUANTITY UNIT
ITEM # DESCRIPTION PRICE
LmLmES
I TRENCHING L.F. 3,114 3.45
2 5' CONDUIT L.F. 4,000 4.60
3 4° CONDUIT L.F. 335 4.40
4 3' CONDUIT L.F. 1,260 3.45
5 2' CONDUIT L.F. 400 2.35
6 5'x10'6x7 PMH EA. 1 4,400.00
7 8x10 SLAB BOX EA. I 2,525.00
8 3x5x4 PB EA. 2 1,610.00
9 4'x4'6° TRANS PAD EA. 1 665.00
10 13'x24'x12' HH EA. 4 175.00
11 11'x17'x12' HH EA. I 110.00
12 TRENCHING NOT JOINT L.F. 350 3.45
13 4' GT-80 CONDUIT LF. 8,652 3.51
14 5;x.10'6'x6' MH EA. 5 4,431.00
15 3'x4'x5' PB EA. 1 2,050.00
16 PORTABLE TOILET EA. 9 57.20
17 PORTABLE TOILET EA. 1 57.30
18 INSTALLATION OF DETECTOR L.S. 1 1,680.00
19 LABOR HR. 3 30.00
20 TRUCK & TOOLS HR. 3 20.00
21 MISC. COPPER FITTING & PIPE ES. I 12.90
22 GTE MANHOLE LS. 1 6,966.00
23 416 BACKHOE HR. 17.0 65.00
24 PIPE L.F. 180 2.40
25 LABORERS Wl TRUCK & TOOLS HP~ 54.5 30.00
26 1-TON TRUCK W/TOOLS HR. 36.5 25.00
27 WATER TRUCK HR. 9 50.00
28 STANDBY WELDER HR. 2 45.00
29 SPECIAL TEE Wl 24' OUTLET EA. 1 485.48
30 500C BACKHOE HR. 16 65.00
31 AIR COMPRESSOR HR. 6.5 15.00
32 REMOVE TOP 8'x10' SLAB BOX ES. 1 561.00
33 MATERIALS LS. 1 963.00
34 RANCHO WATER CHARGE LS. 1 7771.29
35 GTE DEPOSIT LS. 1 1,432.00
36 GTE RELOCATE LINES LS. I 14,421.00
37 RANCHO WATER METER DEPOSIT EA. 3 750.00
38 SO. C~ EDISON CHARGE L~ I 8,333.68
39 SO. CA. EDISON DEPOSIT L.S. 1 4,203.84
40 G.T.E, CHARGE L.S. 1 1,527.94
41 INSPECTION FOR RTAP SEWER LS. 1 24,860.00
42 PP INSPECTION FILING FEE L.S. I 45.00
10,743.30
18,400.00
1,474.00
4,347.00
940.00
4,400.00
2,525.00
3,220.00
700.00
110.00
1,207.50
30,368.52
22,155.00
2,050.00
514.80
57.30
1,680.00
90.00
60.00
12.90
6,966.00
1,105.00
432.O0
1,635o00
912.50
450.00
465.48
1,040.00
97.50
561.00
7,771.29
1,432.00
14,421.00
2,250.00
8,333.68
4,203.84
1,527.94
14,457.79
45.00
JN 0~020-0505 Page 1. 19-Dec-99
EXHIBIT B
STREET LIGHTS & UTILITIES TO BE ACQUIRED BY THE CITY OF TEMECULA
UNIT QUANTII~ UNIT
ITEM # DESCRIPTION PRICE
43 FINAL MAP CHECKING FEE L.S. I 1,828.25
44 RANCHO WATER INSPECTION FEE L.S. 1 600.00
45 EASTERN DISTRICT INSPECT. FEE L.S. 1 750.00
46 GRADING REVIEW L.S. I 165.00
47 RIVERSIDE COUNTY FEE L.S. I 400.00
48 RIVERSIDE COUNTY INSPECTION L.$. 1 27,749.00
49 PM 23354 FEE L.S. I 15.00
50 DEPT. FISH & GAME FEE ES. 1 125.00
51 RIVERSIDE COUNTY FEE L.$. 1 115.00
SUBTOTAL
INCIDENTALS
1 ENGINEERING L.S. I 10,770.18
2 CONSULTANTS LS. 1 5,636.88
3 TESTING & STUDIES L.S. I 5,598.94
4 PROJECT ADMINISTRATION L$. I 16,068.36
5 SUPERVISION LS. I 2,275.50
6 LEI'rER OF CREDIT FEES ES. I 5,954.89
7 STAKING LS. 1 6,087.72
SUBTOTAL
GRAND TOTAL
COST
1,828.25
600.0O
750.00
165.00
400.00
27,749.00
15.00
125.00
115.00
206,647.59
10,770.18
5,636.88
5,598.94
16,068.36
2,275.50
5,954.89
6,087.72
52,39~-47
259,040.06
EXHIBIT B
GRADING & LANDSCAPING TO BE ACQUIRED BY THE CITY OF TEMECULA
ITEM # DESCRIPTION
GRADING
I ROUGH GRADE
UNIT QUANTn'Y UNIT
PRICE
L.S. I
87,087.00
SUBTOTAL
LANDSCAPING
LANDSCAPING
GRADING & LANDSCAPE PREP.
LANDSCAPE ARCHITECTURE
PINUS CANARIENSIS
PLANTANUS ACERIFOLIA
SALES TAX
LS.
L.S.
LF.
EA.
EA.
LS.
COST
87,087.00
87,087.00
I 40,771.85 40,771.85
I 20,133.00 20,133.00
1 402.83 402.83
I 114.00 114.00
6 106.50 639.00
1 48.95 48.95
SUBTOTAL 62,109.63
GRAND TOTAL 149,196.63
JN 04020-0505 Page 1 19-Dec-90