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HomeMy WebLinkAbout121394 CC AgendaAGENDA TEMECULA CITY COUNCIL A REGULAR MEETING COMMUNITY RECREATION CENTER o 30875 RANCHO VISTA ROAD DECEMBER 13, 1994- 7:00 PM In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35. 102.35. I04ADA Title II] 5:30 PM - Closed Session of the City Council pursuant to Government Code Sections: 1. §54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, regarding price and terms of payment wlthrespect tothe acquisition of real property=located at 41953 Main Street, Temecula. The parties tO the negotiations are ~emecula Redevelopment Agency and Ed and Kathleen Dool, DBA Dual Development inc. 2. §54956.9(a} CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION: a. Moore v. City of Temecula b. Rancon Commerce Center: SeeberQer: Indian ChBd Welfare v. City of Temecula, el; al c. Hill v, City of Temecuia d. Old Vail Partners v. Citv of Temecula, et al. e. Rancho ReQional Shoooinq Center v. City of Temecuia f. Mittleman v. CiW of Temecula g. Morqer v. Riverside Habitat Conservation A{~ency: Ciw of Temecuia, st al At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. CALL TO ORDER: Mayor Ron Roberrs presiding Next in Order: Ordinance: No. 94-34 Resolution: No. 94-115 Invocation: Pastor John Larman, World Harvest Outreach Flag Salute: Councilmember Lindemans ROLL CALL: Lindemans, Mu~oz, Parks, Stone, Roberts * 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 or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item n~/; listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a 'Request to Speak' form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR 2 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 member of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance Adoorion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of November 15, 1994. 3 4 5 6 7 Resolution Aoorovino List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of October 31.1994. Status Report on City Efforts to Obtain a State Historic Desionation for Portions of Old Town Temecula RECOMMENDATION: 5.1 Receive and file report. Pala Park Reimbursement Aqreement RECOMMENDATION: 6.1 Approve and authorize the Mayor to sign the "Temecula Lane and Pala Channel Reimbursement Agreement. Fire Protection Aareement for Fiscal Year 1994/95 RECOMMENDATION: 7.1 Approve the Fire Protection Agreement for Fiscal Year 1994/95 and authorize the Mayor and City Manager to approve the final form and execute the agreement. Acceotance of Public Imorovements in Widenina of Maraarita Road Between Rancho California Road and La Serena Way RECOMMENDATION: 8.1 Accept the public improvements constructed under the terms of the agreement between the City of Temecula and Margarita Village Retirement Community Village, Inc. dated June 14, 1994 and accept the maintenance responsibilities thereof. 9 Award of Contract for the Construction of 8 Traffic Sianal at the Intersection of Margarita Road and Avenida Barca, Project No. PW93-10 10 11 12 RECOMMENDATION: 9.1 Award a contract for the construction of the Traffic Signal at the intersection of Margarita Road and Avenida Barca, Project No. PW93-10 to Macadee Electrical Construction for $81,849.00and authorize the Mayor to execute the contract upon receiving Caltrans approval. 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,184.90 which is equal to 10% of the contract amount. 9.3 Advance $90,033.90in Signal Mitigation Funds from the Development Impact Fund to the Capital Improvement Projects Fund. Comoletion and Acceotance of the Liefar Road Bridqe and Street Imorovements, Proiect No. PW93-02 RECOMMENDATION: 10.1 Accept the Liefer Road Bridge and Street Improvements, Project No. PW93-02, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract. Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Contract Amendment No. 1 to the Professional Services Contracts for Soils Testina - Liefer Road Crossine (PW93-02) RECOMMENDATION: 11.1 Approve Contract Amendment No. 1 to the Professional Services Contract with Leighton and Associates to provide additional concrete and soils testing services for the Liefer Road Bridge and Street Improvements Project (PW93-02) in the amount of $4,964.62. Revised Vesting Tract MaD No. 23103-1 (located south of La Serena Way and west of Butterfield Staoe Road) RECOMMENDATION: 12.1 Approve revised Vesting Tract Map No. 23103-1 subject to the conditions of approval. 13 Contract for Professional Services with C.M. Gilliss, Consultant RECOMMENDATION: 13.1 Approve and authorize the Mayor to execute the Professional Services Agreement with C.M. "Max" Gilliss to act as a liaison between the City and governmental agencies and special interest groups for a monthly fee of $3,000.00 13.2 Appropriate $3,000 in the City Manager's Department consulting line item from the General Fund - Fund Balance. 14 Extension of Loan for Balloon and Wine Festival RECOMMENDATION: 14.1 Approve a one year extension for repayment of the Temecula Valley Balloon and Wine Festival Loan. SECOND READING OF ORDINANCES 15 Ordinance No. 94-32 RECOMMENDATION: 15.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 94-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR CHANGE OF ZONE APPLICATION NO. 26, CHANGING THE ZONE FROM R-A-20 (RESIDENTIAL AGRICULTURAL 20 ACRE MINIMUM PARCEL SIZE) TO C-O (COMMERCIAL OFFICE) R-5 OPEN SPACE ON PROPERTY LOCATED ON THE SOUTHWESTERLY CORNER OF RANCHO CALIFORNIA ROAD AND RIDGE PARK DRIVE AND KNOWN AS A$SESSOR'$ PARCEL NUMBER 914480-005 16 Ordinance No. 94-33 RECOMMENDATION: 16.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 94-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AND AMENDING THE TIME LIMITS IN THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN 1-1998 COUNCIL BUSINESS 17 Election of Mayor - 1995 RECOMMENDATION: 17.1 The Mayor will entertain motions from the City Councilmembers to select the Mayor to preside until the end of calendar year 1995. 18 Election of Mayor Pro Temoore - 1995 RECOMMENDATION: 18.1 The Mayor will entertain motions from the City Councilmembers to select the Mayor Pro Tempore who will assume the duties of the Mayor in the Mayor's absence and will hold this office until the end of calendar year 1995. 19 2O Memorandum of Understandina Concernina Soecific Plan #199, Cosrain Homes RECOMMENDATION: 19.1 Approve the Memorandum of Understanding concerning Specific Plan No. 199 for Cosrain Homes, authorizing the payment of development fees at a specified level and directing the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. City Legislative Deleoate RECOMMENDATION: 20.1 Designate either the Mayor or one City Councilmember to serve as the City's Legislative Delegate. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: January 1 O, 1994, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. TEMECULA COMMUNITY SERVICES DISTRICT MEETING - ('To be held at 8:00) CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Lindemans, Mu~oz, Parks, Roberrs, Stone PUBLIC COMMENT: Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR I Temecula Middle School. LiQhtino Proiect RECOMMENDATION: 1.1 Approve Design Services Agreement of $13,350.00 with dream Engineering, Inc. for the Temecula Middle School Lighting Project. 1.2 Approve the Facility Use Agreement for the use of Temecula Middle School Athletic Fields between the Temecula Community Services District (TCSD) and the Temecula Valley Unified School District (TVUSD). DISTRICT BUSINESS 2 3 Election of President - 1995 RECOMMENDATION: 2.1 The President will entertain motions from the Board of directors to select the President to preside until the end of calendar year 1995. Election of Vice President - 1995 RECOMMENDATION: 3.1 The President will entertain motions from the Board of Directors to select the Vice President who will assume the duties of the President in his/her absence and will hold this office until the end of calendar year 1995. GENERAL MANAGERS REPORT - Bradley DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting January 10, 1994, 8:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: Chairperson Ronald J. Parks presiding ROLL CALL: AGENCY MEMBERS: Lindemans, Mu~oz, Roberrs, Stone, Parks PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name end address for the record. CONSENT CALENDAR 1 Professional Services with Norris-Reoke inc. for the Desien of the First Street Bridee RECOMMENDATION: 1.1 Approve and authorize the Chairperson to execute an agreement between the City and Norris-Repke, inc. to provide civil engineering services for the design of First Street Bridge in the amount of $174,842 and 10% contingency in the amount of $17,484.20. AGENCY BUSINESS 2 Election of Chairoerson - 1995 RECOMMENDATION: 2.1 The Chairperson will entertain motions from the members of the Redevelopment Agency to select the Chairperson to preside until the end of calendar year 1995. 3 Election of Vice Chairoerson - 1995 RECOMMENDATION: 3.1 The Chairman will entertain motions from the Redevelopment Agency Members to select the Vice Chairperson who will assume the duties of the Chairperson in his/her absence and will hold this office until the end of calendar year 1995. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next Meeting: January 10, 1994, 8:00 PM, 30875 Rancho Vista Road, Temecula, California. ITEM I ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD NOVEMBER 15, 1994 A regular meeting of the Temecula City Council was called to order at 7:04 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Ron Roberrs presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone, Roberrs ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Joe Rider, Rancho Baptist Church. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Stone. PRESENTATIONS/ PROCLAMATIONS Mayor Roberrs introduced Mike Pino, Temecula Motor Officer who announced the 1994 Bicycle Safety Poster Contest Winners as follows: 4th Grade Girls 1st Place - Danielle Kendrick, Sparkman Elementary School 2nd Place - Kim Spencer, Vail Elementary School 3rd Place * Adryana Bunderson, Vail Elementary School 4th Grade Boys 1 st Place - Paul David Milton, Rancho Elementary School 2nd Place - Tyler Anderson, Rancho Elementary School 3rd Place - Kevin Mason, Sparkman Elementary School 5th Grade Girls 1st Place - Mickey Ford, Rancho Elementary School 2nd Place - Heidee Harkey, Rancho Elementary School 3rd Place - Shauna Boehm, Rancho Elementary School Minutes\l 1 ~15\94 -1 * 12/07/94 City Council Minutes November 15, 1994 5th Grade Boys I st Place - James Ursic, Rancho Elementary School 2nd Place - Donnie Keefe, Sparkman Elementary School 3rd Place - Brian Linderholm, Rancho Elementary School Mayor Roberts proclaimed the week of November 20-26, 1994 to be "1994 California Family Week." Joan Wansley accepted the proclamation and thanked the City Council for their interest in the "family". Mayor Roberrs proclaimed November 17, 1994 as "Great American Smokeout Day". Mayor Roberrs proclaimed November 16, 1994 to be "Dutch-American Heritage Day". This was accepted by Elisaber Creemers of the Sister City Committee. PUBLIC COMMENTS Arthur P. Beese, 41778 Bargil Court, voiced objections to the amended Memorandum of Understanding between the City of Temecula and Zev Buffman. Stacey Tescier, 40595 Eyota Court, Murrieta, questioned the wisdom of building additional hotels when a 60% occupancy rate occurs at the present. George Buhler, 40265 Paseo Sereno, requested a vote be taken before proceeding with the Buffman Proiect. City Manager Ron Bradley reported a meeting is scheduled for 7:00 PM, December 7th at the Community Recreation Center, to address the Old Town Entertainment Project and to answer as many questions as possible from the public. Charles Miller, 44618 Pala Road, requested the City Council reconsider the position regarding acceptance of the Jedidiah Smith Channel, since maintenance is required. He suggested contacting County Counsel regarding this agreement. City Manager Bradley referred this matter to the City Attorney. Julia Durand, Carcassonne, France, representing the Carcassonne Sister City Association, spoke in favor of the City of Temecula and Carcassonne, France, becoming sister cities. CITY COUNCIL REPORTS Mayor Pro Tern Stone congratulated Ron Parks and Karel Lindemans on their election to the City Council. He also requested a report on the funds which have been paid by FEMA for the 1992 flooding. Councilmember Parks thanked the citizens of Temecula for their support on the recent election. Minutes%11 \I 5%94 -2- 12/O7194 CiW Council Minutes November 15, 1994 CONSENT CALENDAR Mayor Roberrs announced Item 8 would be removed from the agenda. Councilmember Birdsall stated she would abstain on Item No. 3, and would like to ask a question on Item No. 5. Councilmember Birdsall asked regarding Item No. 5, why some department heads were not listed. City Clerk June Greek explained additional positions have been added and some department heads are required to file other forms such as the 721. Mayor Pro Tern Stone stated he would vote "no" on Item No. 7 and requested the removal of Items 20 and 26 from the Consent Calendar. Councilmember Mu~oz announced he would abstain on Items 7, 12, 14 and 16 and would like to ask a question on Item No. 22. Councilmember Mufioz asked how the educational radar trailer display unit would be implemented and where. Interim Public Works Director Joe Kicak explained that as motorists approach the unit, their speed will be displayed. He explained the unit would be placed at various areas of the City where speeding problems may be occurring. It was moved by Mayor Pro Tern Stone, seconded by Councilmember Birdsall to approve Consent Calendar Items 1-7, 9-19, 21-25 and 27-28, with Councilmember Birdsall abstaining on Item 3, Mayor Pro Tem Stone voting "no" on Item No. 7 and Councilmember Mu~oz abstaining on Items 12, 14, and 16. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. MinUtes 2.1 Approve the minutes of October 11, 1994. Minutes~ 11 \15~94 -3- 12/07/94 Cit-/Council Minutes 3. Resolution Aoorovina List of Demands November 15. 1994 3.1 Adopt a resolution entitled: RESOLUTION NO. 94-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Mu~oz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Birdsall City Treasurer's Reoort as of Seotember 30.1994 4.1 Receive and file the City Treasurer's Report as of September 30, 1994. Review of City Conflict of interest Code 5.1 Review amendments to the City's Conflict of Interest Code. 5.2 Adopt a resolution entitled: RESOLUTION NO. 94-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN AMENDED CONFLICT OF INTEREST CODE 5.3 Direct the City Clerk to file the amended Conflict of Interest Code with the Fair Political Practices Commission (FPPC). Minutes\l 1 \15\94 -4- 12/07194 City Council Minutes 6. November15,1994 Substitute Subdivision Imorovement Aareement and Public Imorovement Bonds in Tract 21067 (Located at the northeast corner of Pala Road at Loma Linda Road) (Continued from the meeting of 10/18/94) 6.1 Accept Substitute Subdivision Improvement Agreement and Faithful Performance and Labor and Material Bonds for Street, Water and Sewer Improvements, and Subdivision Monumentation Bond in Tract No. 21067. 6.2 Direct the City Clerk to so advise the Developer and Surety. Contract Amendment No, 8 to Community Facilities District 88-12 Enoineerina Services Contract with J.F. Davidson Associates, Inc. for the I-15/Rancho California Road Interchanae Modifications (Continued from the meeting of 10/18/94) 7.1 California Road Interchange modification in an amount $107,000.00. Approve Contract Amendment No. 8 to provide additional engineering services for CFD 88-12 by J.F. Davidson Associates, Inc. (JFD) for the I-15/Rancho not to exceed The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 1 COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Mu~oz General Liability Insurance Renewal 10. 9.1 Approve the renewal of the City's Municipal General, Automobile, and Public Officials Errors and Omissions Liability insurance policy with insurance Company of the West, the annual premium amount is $98,633, and Automobile Physical Damage, at a premium of $5,869. Com Dietion and Acceotance of the Pre-cast T-sections Portion of the Liefer Road Bridae and Street Improvements, Proiect No. PW93-02 10.1 Accept the pre-cast bridge T-sections portion of the Liefer Road Bridge and Street improvements, Project No. PW93-02, as complete. Minutes\ 11%15%94 -5- 12/07/94 City Council Minutes November 15, 1994 11. 10.2 Direct the City Clerk to file the Notice of Completion. Solicitation of Bids for the Acouisition of Rioht-Of-Wav Weed Control APPlications Contract (Project NO. PW94-20) 11.1 Authorize the Department of Public Works to solicit public bids for the annual right--of-way weed control contract (Project No. PW94-20). 12. Fundine AGreement for Murrieta Creek Botanical Assessment Consultant Services 12.1 Approve the agreement between the Riverside County Flood Control and Water Conservation District, (DISTRICT), Kernper Community Development Company, (DEVELOPER), and the City of Temecula, (CITY), providing for the financing of Botanical Assessment Consulting (CONSULTANT) services required as a condition of the issuance of an Emergency Permit by the U.S. Army Corps of Engineers following the January 1993 flooding. 12.2 Appropriate eight thousand nine hundred dollars ($8,900.00) for a deposit as the estimate of CITY'S share for cost of CONSULTANT'S work on the reach of the Murrieta Creek Channel not owned by either DEVELOPER or DISTRICT. The motion was carried by the following vote: AYES: COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Mu~oz 13. Substitute Subdivision Improvement AGreement and Public Improvement Bonds in Tract No. 23125-1 (Located at the northeast corner of Butterfield Stage Road at DePortola Road) 13.1 Accept the substitute Subdivision Improvement Agreement, Traffic Signalization Mitigation Agreement, and Faithful Performance and Labor and Material Bonds for Street, Drainage, Water and Sewer Improvements, and Subdivision Monumentation Bond in Tract No. 23125-1; 13.2 Direct the City Clerk to so advise the Developer and Sureties. Minutes\l 1 ~15\94 -6- 12/07/94 CiWCouncilMinutes 14. 15. 16. November15,1994 Final Vestino Tract MaD No. 24133 (Located east of Margarita Road and south of Santiago Road) 14.1 Approve Final Vesting Tract Map No. 24133 subject to the Conditions of Approval. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 1 COUNCILMEMBERS: Final Vestino Tract Ma~ NO. 23125-2 (Located east of Butterfield Stage Road and north of De Portola Road) 15.1 Approve Final Vesting Tract Map No. 23125-2 subject to the Conditions of Approval. Acceptance of Public Street into the City-Maintained Street System (Maroarita Road from Winchester Road to Northerly City Limits) Birdsall, Parks, Stone, Roberts None None Mufioz 16.1 Adopt a resolution entitled: RESOLUTION NO. 94-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING A CERTAIN PUBLIC STREET CONSTRUCTED UNDER ASSESSMENT DISTRICT NO. 161 INTO THE CITY-MAINTAINED STREET SYSTEM (MARGARITA ROAD FROM WINCHESTER ROAD TO THE NORTHERLY CITY LIMITS) The motion was carried by the following vote: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: 1 COUNCILMEMBERS: AYES: NOES: ABSENT: ABSTAIN: Birdsall, Parks, Stone, Roberrs None None Mufioz Minutes\l 1 \15~94 -7- 12/07/94 City Council Minutes November 15, 1994 17. 18. 19. 21 Final Parcel Mao 25212 (Located at the Northeast corner of the intersection of Nicolas Road and Liefer Road) 17.1 Rescind their approval of Final Parcel Map No. 25212 and release the associated Street and Water Improvement bonds. Award of Contract for the Construction of a Traffic Sional & Vehicle Pre-Emption Installation, Proiect No. PW94-05 18.1 Award a contract for the construction of the Traffic Signal and Vehicle Pre- Emption Installation, Project No. PW94-05 to Paul Gardner Corporation for $26,477.00 and authorize the Mayor to execute the contract. 18.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,647.70 which is equal to 10% of the contract amount. Award of Construction Contract for Project No. PW94-14, FY94-95 Citywide A.C. Repair Program 19.1 Award a contract for Project No. PW94-14, FY94-95 Citywide A.C. Repair Program, to A.L. Chavez Enterprises, Inc., the lowest responsible bidder, for the sum of $87,401.76. 19.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,740.17 which is equal to 10% of the contract amount. Supplement NO. 002 to Local AGency - State Aoreement for Federal Aid Proiect NO. 08-6052, I-15/I-215 Corridor Study 21.1 Adopt a resolution entitled: RESOLUTION NO. 94-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SUPPLEMENT NO. 002, TO LOCAL AGENCY AGREEMENT NO. 08-5459, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR FEDERAL AID PROJECT NO. 08-6052, 1-15/I- 215 CORRIDOR STUDY 22. Educational Radar Trailer Disolay Unit 22.1 Approve the purchase of an Educational Radar Trailer Display Unit in the amount of $10,400. Minutes\ 11 ~ 15\94 -8- 12/07/94 City Council Minutes November 15, 1994 23. 24. Lot Line Adiustment and Easements for Rancho California Water District (R.C.W.D.) Well Site No. 216- Rancho California Soorts Park 23.1 23.2 23.3 23.4 Approve Lot Line Adjustment No. PA93-147 and authorize the Mayor to execute the document. Approve the Corporation Grant Deeds exchanging property between the City and R.C.W.D. and authorize the Mayor to execute the document. Approve the Grant of Easement to R.C.W.D. for Permanent Access and authorize the Mayor to execute the document. Approve the Grant of Easement to R.C.W.D. for Drainage proposes only and authorize the Mayor to execute the document. Pala Community Park - Project NO. PW93-03CSD, Rancho California Water District (R.C.W.D.) - Water Meter Fees 24.1 Approve and authorize the payment of water meter fees in the amount of $13,972.00to R.C.W.D. 25. Consideration of a Contract Amendment for Weed Abatement Services 27. 25.1 Approve a contract amendment extending an agreement for professional services for weed abatement with Greg Smith, Smith Tractor Services, to December 31,1994. The total amount of this agreement not to exceed twenty- four thousand ($24,000) dollars. Summary Vacation of an existine forty (40} foot access ooenine frontinQ on Ynez Road between Solana way and Rancho California Road on Parcel 2 of Parcel Mao No. 23496 and Acceotance of new access oDeninq RECOMMENDATION: 27.1 Adopt a resolution entitled: RESOLUTION NO. 94-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING AN EXITING FORTY (40) FOOT ACCESS OPENING EXCEPTION TO RESTRICTED ABUTTERS RIGHTS FOR PARCEL 2 OF PARCEL MAP 23496 LOCATED ON YNEZ ROAD BETWEEN SOLANA WAY AND RANCHO CALIFORNIA ROAD Minutes\ 11 \ 15\94 -9- 12/07/94 CiW Council Minutes November 15, 1994 28. 20. 27.2 Approve the new location of the access opening in substantially the location described as "Opening No. 1" as described on the attachments to this Staff Report and authorize the City Engineer to approve the specific location which will create the new access opening. The Owner shall prepare an agreement which will quitclaim their existing access rights. The document is subject to the approval of the City Engineer and City Attorney prior to the recordation of the document. Summary Vacation of an existine forty (40) foot access ooenina frontinQ on Jefferson Avenue between Sanborn Avenue and BueckinQ Drive on Parcels 2 and 3 of Parcel moo No. 23561-2 and Acceotance of new access ooeninQs 28.1 Adopt a resolution entitled: RESOLUTION NO. 94-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING AN EXISTING FORTY (40) FOOT ACCESS OPENING EXCEPTION TO RESTRICTED ABUTTERS RIGHTS FOR PARCELS 2 AND 3 OF PARCEL MAP 23561-2 LOCATED ON JEFFERSON AVENUE BETWEEN SANBORN AVENUE AND BUECKING DRIVE 28.2 Approve the new locations of the access openings in substantially the locations described as "Opening No. 1" and Opening No. 2" as described on the attachments to this Staff Report and authorize the City Engineer to approve the specific location which will create the new access openings. The Owner shall prepare an agreement which will quitclaim their existing access rights. The document is subject to the approval of the City Engineer and City Attorney prior to the recordation of the document. Award of Construction Contract for Proiect NO. PW94-17, FY 94-95 Street Strioina Prooram Mayor Pro Tern Stone asked if this is a full time operation and if specialized equipment is used. Interim Public Works Director Joe Kicak responded this is done twice a year and the equipment is expensive and hard to maintain. Mayor Pro Tern Stone asked that this service be researched to see if it could be provided more economically in- house. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Parks to approve staff recommendation as follows: 20.1 Award a contract for Project No. PW94-17, FY94-95 Street Striping Program to I.P.S. Services, Inc. responsible bidder, in the amount of $83,700. Minutes%11%15%94 -1 O- 12/07/94 City Council Minutes November 15, 1994 20.2 Authorize a budget transfer in the amount of $48,700 from Account No. 100- 164-601-5402to Account No. 100-164-601-5410. The motion was unanimously carried. 26. Contract for Professional Services with C.M. Gilliss, Consultant Mayor Pro Tem Stone asked why no hours required are specified in the agreement. City Manager Ron Bradley stated the contract could be amended to require a minimum of 45 hours and strongly recommended 60 hours. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Birdsall to approve staff recommendation with direction to require a minimum of 45 hours on the contract. 26.1 26.2 Approve and authorize the Mayor to execute the Professional Services Agreement with C.M. "Max" Gilliss to act as a liaison between the City and governmental agencies and special interest groups for a monthly fee of $3,000.00. Appropriate $12,000 in the City Manager's Department consulting line item from the General Fund - Fund Balance. The motion was unanimously carried. PUBLIC HEARINGS Mayor Robarts announced there is a request from the applicant to hear Item No. 29 after Agenda Item No. 36. 30. Disaooroval of Cable Television Rates for Basic Service Tier and Associated EouiDment of Inland Valley Cablevision. and Orderina a Refund for Excessive Rates Mayor Roberts opened the public hearing at 8:00 PM. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to continue the public hearing to the next available meeting. The motion was unanimously carried. 31. Nondisposal Facility Element Community Services Director Shawn Nelson introduced Senior Management Analyst Phyllis Ruse who presented the staff report. Mayor Pro Tem Stone asked how the City is doing regarding compliance with the 1995 mandate. Ms. Ruse answered that according to 1993 numbers, the City is at 27% overall. Minutes\11 \15\94 -11 - 12/07194 City Council Minutes November 15, 1994 Councilmember Parks asked if the City is addressing additional public information regarding recycling. Ms. Ruse stated it is done on a limited basis at this time. Mayor Roberrs opened the public hearing at 8:04 PM. Hearing no requests to speak, Mayor Roberrs closed the public hearing at 8:04 PM. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to approve staff recommendation as follows: 30.1 Adopt a resolution entitled: RESOLUTION NO. 94-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE NONDISPOSAL FACILITY ELEMENT AS PRESCRIBED BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 The motion was unanimously carried. RE(;:ESS Mayor Roberts called a recess at 8:05 PM. The meeting was reconvened following the previously scheduled Community Services District and Redevelopment Agency Meetings at 9:25 PM. 32. ProOertv Insurance Coveraae Interim Finance Officer Genie Roberrs introduced Financial Services Administrator Luci Romero, who presented the staff report. Mayor Pro Tem Stone expressed concern regarding the $5,000,0001imit on earthquake coverage and whether a company that covers multiple cities would remain solvent in the event of a major disaster. Financial Services Administrator Romero explained that since earthquakes do not generally include a complete loss $5,000,000should be adequate. She also explained that the Driver Insurance plan has 12 insurers that would provide layers of protection. Robert L. Hemme, 47981 Pala Road, stated he is present to answer questions. Mayor Pro Tem Stone asked how long Mr. Hemme has been the insurance broker for the City. Mr. Hemme answered he has provided coverage for the past four years. Mayor Pro Tem Stone asked if the premium would go down if earth quake insurance was dropped to $5,000,000. Mr. Hemme answered this would lower the premium. Minutes\l 1\15\94 -12- 12/07/94 CiW Council Minutes November 15, 1994 RECESS Mayor Roberts called a brief recess at 10:45 PM to change the tape. The meeting was reconvened at 10:46 PM. Sharan Nash, representing Driver, PEPIP, volunteered to take both policies and do a comparison. Councilmember Mu~oz asked if it is legal for brokers to provide non-admitted coverage, and what are the risks associated. City Attorney Thorson stated that according to his review, Driver, PEPIP, does fall within the requirement of state law. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to extend the existing contract with Strachota insurance until the end of the present term and requested that each company provide the City Council with additional information at the time the City seeks to renew coverages. It was further directed that staff's recommendation to revise the present coverage with Aetna in accordance with the proposal submitted be implemented immediately. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Roberts NOES: I COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None Mayor Pro Tem Stone stated he objected since he does not think it is wise to risk coverage with a non-admitted carrier. 33. Consideration of SPonsorshiD Reauests Mayor Pro Tem Stone stated he would abstain on any issue regarding the Rod Run due to a conflict of interest. Mary Jane McLarney presented the staff report. Evelyn Harker, 31130 S. General Kearny Road, representing the Rod Run Committee, requested approval of the sponsorship. Mayor Roberts asked if there would be a charge for this event. Ms. Harker answered there will be no charge for this event. Minutes~l 1 \15\94 -13- 12/07/94 City Council Minutes November 15, 1994 Councilmember Mu~oz asked how much the Council awarded last year for this event. Ms. McLarney answered $5,000. Mr. Mu~oz stated he would not support a request at this level and would only support events at the same or a lower level than the previous year. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve a $10,O00 sponsorship of the Rod Run with the understanding that the agreement will specify that there will not be any commission paid from this funding. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberrs NOES: I COUNCILMEMBERS: Mu~koz ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone Mayor Roberrs announced he would abstain on the Balloon and Wine Festival request since he is the Vice Chairman of the event for the upcoming year. Michelle Harris, 27540 Ynez Road, General Manager of the Balloon and Wine Festival, requested approval of a $7,500 sponsorship of the Tourism Tent at the 1995 Balloon and Wine Festival. Councilmember Mu~oz asked if the loan given to the organization is being repaid. Ms. Harris answered no money was repaid in 1992, however payments were made both in 1993and 1994. Melody Brunsting, 27540 Ynez Road, representing the Balloon and Wine Festival reported that advertising is taking place for the 1995 Balloon and Wine Festival, including local and San Diego Radio Stations. She also announced that free balloon rides would be given to anyone in a wheelchair. Minutes\ 11 \ 15\94 - 14- 12/07/94 City Council Minutes November 15, 1994 It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve a $7,500 sponsorship of the Tourism Tent at the 1995 Balloon and Wine Festival. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Roberrs 34. Councilmember Birdsall stated she would abstain due to a conflict of interest. Barbara Pearson, 30150 Via Monterey, representing the Temecula Town Association, requested approval of a $10,00 sponsorship for the 1995 Great Temecula Tractor Race. Councilmember Mu~oz stated he would not support this request since the City has already loaned a substantial amount of money to the Temecula Town Association. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to approve a $10,000 sponsorship for the 1995 Great Temecula Tractor Race. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Parks, Stone, Roberts NOES: 1 COUNCILMEMBERS: Mu~oz ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Birdsall RoriDauoh Ranch Density Consideration Planning Director Gary Thornhill presented the staff report. Sanford Edward, P.O. Box 2, representing Roripaugh Ranch, Inc., stated that the request is not a gross or net, but an average dweeling unit per acreage. Minutes\l 1 ~15~94 -15- 12/07/94 City Council Minutes November 15.1994 Tom Nievez, GRC Developments, applicant for Roripaugh Ranch, stated they are not requesting a general plan amendment, but to confirm the intent of action taken by the Council last year for three units per gross acre as a maximum. Councilmember Parks stated that the General Plan is based on net acreage and asked staff the best way to handle the situation, since it was his intent this be based on net acres. Planning Director Gary Thornhill reported the cleanest way to proceed would be with a General Plan Amendment. Mayor Roberts stated his original intent was for net acreage. Mayor Pro Tern Stone stated his intent was also for net acreage. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to direct that the density be established at three units per gross acre as the upper limit for the specific plan. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: NOES: 2 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: It was moved by Councilmember Birdsall, seconded by Councilmember Parks to direct staff to prepare a General Plan Amendment to address the Roripaugh density issue. The motion carried by the following vote: Birdsall, Mu~oz, Parks Stone, Roberts None AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Roberts NOES: I COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Parks, seconded by Councilmember Birdsall to continue Items 35 and 38 to the meeting of November 29, 1994. 35. Main Street Prooram 38. Public\Traffic Safety Commission Goals and Objectives The motion was unanimously carried. Minutes\ 11 \ 15\94 - 16- 12/07/94 CiWCouncilMinutes 36. 29. November 15, 1994 Auto Mall Marauee Fundina Assistant City Manager Mary Jane McLarney presented the staff report. Councilmember Parks asked if the location is being considered. Ms. McLarney reported only the terms of the loan, interest rate and base year. Steve Palmer, representing the Temecula Valley Automobile Dealers Association, spoke in support of the funding. Councilmember Parks stated he agrees with staff recommendation and supports Item No. 3 but not Items 1 and 2. Mr. Palmer stated these items were brought up during negotiations but are not "deal breakers." Mayor Pro Tem Stone asked if 20% of the ad time would still be used for Community Services messages. Mr. Palmer stated 20% was the agreed number. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Parks to approve the loan as originally proposed with the conditions that 20% of the ad time on the sign be devoted to Community Services messages; that if as a result of the RDA litigation settlement, a prime rate of plus one ( + 1 ) for loans is allowed, that rate will be applied to this loan; that the final design of the sign will be brought back to the Council for approval, and that any other changes to the original agreement must be approved jointly by the City Manager and the City Attorney. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts NOES: 1 COUNCILMEMBERS: Mu~oz ABSENT: 0 COUNCILMEMBERS: None Plannina Application N0. PA94-0063 (ADoeal) - a Forty-One Foot, Six Inch Hiah (41 '6"), One Hundred Twenty-Two (122) Souare Foot Freestandina Freeway Oriented Sign for Toyota of Temecula Valley located on the East Side of Interstate 15 Mayor Roberts opened the public hearing at 12:06 AM. The Applicant Dan Atwood, 26631 Ynez Road, withdrew his request. Mayor Roberrs closed the public hearing at 12:06AM and accepted the request of the applicant to withdraw this application. Minutes\l 1 \15%94 -17- 12/07/94 City Council Minutes November 15, 1994 37. Communitv Services Fundina Ad Hoc Subcommittee It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to appoint Councilmember Birdsall and Mayor Pro Tem Stone to serve as the Ad Hoc Subcommittee to review applications for Community Services Funding. The motion was unanimously carried. CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS None given. ADJOURNMENT It was moved by Mayor Pro Tem Stone, seconded by Councilmember Birdsall to adjourn at 12:08 AM. The motion was unanimously carried. ATTEST: Ron Roberrs, Mayor June S. Greek, City Clerk Minutes\ 11 \ 15\94 - 18- 12/07/94 ITEM 3 Rv-gOLUTION NO. 94- A RF_,SOLUTION OF THE CITY COUNCIL OF TFfR CITY OF TEIVIF, f3,J1A AIJ~OWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN E31:fIRIT A THE CITY COUNCIL OF THE CiTY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the same are hereby allowed in the amount of $440,570.93. Section 2. The City Clerk shah certify the adoption of this resolution. APPROVED AND ADOFrED, this 13th day of December, 1994. Ron Roberrs, Mayor June S. Greek, City Clerk [SEAL] Resoa 45 I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecuh, hereby do certify that the foregoing Resolution No. 94- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 13th day of December, 1994 by the following roll call vote: AYES: 0 COUNCILMI~,MBERS: None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None June S. Greek, City Clerk R~$o$ 45 2 CITY OF TEMECULA LIST OF DEMANDS 12/01/94 TOTAL CHECK RUN: 12/13/94 TOTAL CHECK RUN: $ 238,994.66 12/01/94 TOTAL PAYROLL: TOTAL LIST OF DEMANDS FOR 12/13/94 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL 100 GAS TAX 120 DEVELOPMENT IMPACT FUND 140 COMMUNITY DEV BLOCK GRANT 165 RDA-LOW/MOD 190 COMMUNFTY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 102 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ (CIP) 220 MARGARITA ROAD REIMB. DIST. 250 CAPITAL PROJECTS - TCSD 280 RDA~IP 300 INSURANCE 310 VEHICLES 320 INFORMATIONS SYSTEMS 330 SUPPORT SERVICES 340 FACIUTIEB 380 RDA-DEBT SERVICE 390 TCSD DEBT SERVICE PAYROLL: 001 GENERAL 100 GAB TAX 165 RDA-LOW/MOD 190 TCSD 101 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 280 RDA~IP 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: RONALD E. BRADLEY, CITY MANAGER ~.~. 114,476.15 $ 440,570.93 68,7M.38 45,862.09 0.00 0.00 268.52 31,769.22 6,767,12 20,978.39 5,221.07 0.00 5,880.98 0.00 0.00 108,959.91 0.00 $ 326,0~4.78 71,972.43 13,842.88 603.43 19,235.86 498.10 613.76 $ 440,570.93 , HERESY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VI:~JC~,~ 15:54 VOUCHER/ CHECK CHECK VENDOR VENDOR NUNBER DATE NUNBER NANE 211~4 11/18/94 000253 POSTMASTER 21135 21136 402806 402806 402806 402806 402806 402806 402806 402806 402806 402806 402806 402806 402806 402806 402806 402~ 40 40~ 402806 402806 402806 402806 402806 402806 489791 4897~1 489~1 489791 489791 489791 489791 489~91 489~91 4897~1 489791 489791 489791 489~91 489~1 489791 489791 11/22/94 11/22/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 lZ/01/94 12/01/94 12/0t/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 000740 PICCA DELI 000596 LEAGUE OF CAL. CITIES 00028.3 FIRSTAX (IRS) 000283 FIRSTAX (/RS) 000283 FIRSTAX CZRS) 000283 FIRSTAX (IRS) 000283 FIRSTAX (INS) 000283 FIRSTAX (INS) 00028~ FIRSTAX (IRS) 000283 FZRSTAX (IRS) 000283 FIRSTAX (IR$) 000283 FIRSTAX (IRS) 000283 FZRSTAX (IRS) 000283 FTRSTAX (IRS) 00028~ FIRSTAX (IRS) 00028~ FIRSTAX (INS) 000283 FIRSTAX (IR$} 000283 FIRSTAX ([RS) 000283 FIRSTAX (IRS) 000283 FIRSTAX (ZRS) 000283 FZRSTAX (ZRS) 000283 FIRSTAX CIRS) 000283 FIRSTAX CIRS) 000283 FIRSTAX (IRS) 000283 FIRSTAX (INS) 000283 FIRSTAX (IRS) 000444 FIRSTAX (EDD) 0004~4 FIRSTAX (EDD) 00044~ FIRSTAX CEDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX CEDD) 000444 FIRSTAX (EDO) 000444 FIRSTAX (EDO) 0004~,4 FIRSTAX (EDD) 000444 FIRSTAX CEDD) 00044Z+ FIRSTAX CEDD) 00044~, FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX CEDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITE~ DESCRIPTION NDA NEWLETTER BULK MAIL LUNCH FOR OLD TOWN MEETING NEW LAW & ELECTION SEMINAR 000283 FEDERAL 00028~ FEDERAL 00028~ FEDERAL 00028~ FEDERAL 00028~ FEDERAL 00028~ FEDERAL 000283 FEDERAL 0002Rx FEDERAL 000283 FEDERAL 000283 FEDERAL 0002R'4 FEDERAL 000283 FEDERAL 0002R'~ MEDICARE 00028~ MEDICARE 00028~ MEDICARE 000283 MEDICARE 00028.3 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE OOOZRx MEDICARE 00028.t MEDICARE 000283 MEDZCARE 000283 MED[CARE 000444 SDI 000444 SDI 000~, SOl 000444 SOl 000444 SDI 000444 SDI 000444 SDI 0004~4 SDI 000444 SDI 000444 SOl 000444 STATE 000444 STATE 000444 STATE 0004/~. STATE 0004.44 STATE 000/~4 STATE 000444 STATE ACCOUNT NUMBER 280-199-999-5264 280-199-999-5260 001-120-999-5258 001-2070 100*2070 165-2070 190-2070 191-2070 192-2070 193-2070 280-2070 300-2070 320-20?0 330-2070 340-2070 001-2070 100-2070 165-2070 190-2070 191-2070 192o2070 193-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 100-2070 190-2070 191-2070 192-2070 193-2070 280-2070 300-2070 330-2070 340-2070 001-2070 100-2070 165-2070 190-2070 191-2070 192-2070 193-2070 ITEM AI¢~NT 2,049.50 76.00 210.00 10,728.70 Z,121.55 114.62 2,726.32 60.22 71.74 240.Z2 37.07 134.34 279.8~ 99.11 143.60 2,680.65 506.08 22.08 682.92 19.63 2~.12 15.51 38.7~ 58.36 24.76 64,76 444.44 122.~, 188.83 3.81 10.37 4.66 3.08 3.70 11.10 25.19 2,856.02 533.50 24.52 594.35 21.85 9.06 56.13 PAGE 1 CHECK AMOUNT 2,049.50 76.00 210.00 20,962.72 VOUCHRE2 12/01/94 15:54 VOUCHER/ CHECK CHECK NUMBER DATE 489791 12/01/94 489791 12/01/94 489791 12/01/94 489791 12/01/94 409791 12/01/94 21140 12/01/94 21141 12/01/94 21141 12/01/94 21142 12/01/94 21143 12/01/94 21144 12/01/94 21145 12/01/94 21146 12/01/94 21147 12/01/94 21148 12/01/94 21149 12/01/94 21149 12/01/94 21149 12/01/94 21150 12/01/94 21151 12/01/94 21152 12/01/94 21155 12/01/94 21153 12/01/94 21153 12/01/94 21154 12/01/94 21155 12/01/94 21156 12/01/94 21156 12/01/94 21156 12/01/94 21156 12/01/94 21156 12/01/94 21157 21157 VENDOR VENDOR NUMBER NAME 0004/+4 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000444 FIRSTAX (EDD) 000724 A & R CUSTOM SCREEN PRI 000745 A T & T 000745 A T & T 001281 ALHAMBRA GRCUP 000112 AMERICAN PLANNING ASSOC 000101 APPLE ONE 000931 AROUND A BUCK 000427 ARTESIA IMPLEMENT BMW I~NAGEMENT 000124 C E P 0 000128 CAL-SURANCE ASSOCIATES# 000128 CAL-SURANCE ASSOCIATES, 000128 CAL-SUIL~NCE ASSOCIATES# CALIFORNIA CRIME PREVEN CALIFORNIA HIGHWAY PATR 000126 CALIFORNIA LANDSCAPE HA 000152 CALIFORNIA PARKS & RECR 000152 CALZFORNIA PARKS & RECR 000152 CALIFORNIA PARKS & RECR 001590 CALIFORNIA REDEVELOPMEN 001183 CALIFORNIA REGIONAL WAT 000950 CALIFORNIAN - DISPLAY 000950 CALIFORNIAN - DISPLAY 000950 CALIFORNIAN - DISPLAY 000950 CALIFORNIAN - DISPLAY 000950 CALIFORNIAN - DISPLAY 12/01/94 000127 CALIFORNIAN - LEGAL 12/01/94 000127 CALIFORNIAN - LEGAL CITY OF TEMECULA VOUCHER/CHECK REG%STER FOR ALL PERIOOS ITEM DESCRIPTION 000444 STATE O00/,z-F~ STATE 000444 STATE 000444 STATE 000/~,4 STATE HAINT DIV UNIFORM SHIRTS 909 204-1200 MJN 909 204-1200 CITY LANDSC ARCHITECT CONTHACT SERV APA DUE FOR SAIED NAASEH TEMP HELP W/E 11/05/94 KLUKAS SUPPLIES FOR MOMMY & ME CLASS REPAIR & NAINT OF TCSD THACTOR DINNER MEETING 11/9/94 AT CRC C.E.P.O. FEB. 12-17, 1994 RENEWAL PREMIUM 12/94 - 12/95 RENEWAL PREMIUM 12/94 - 12/95 RENEWAL PREMIUM 12-94 - 12/95 MEMBERSHIP FOR $ANCHEZ & FANEN REQUEST POLICE REPT FROM CHP REPLACE OAMAGED TREES WKSHP FINGERPRINTING JAN 10,95 WKSHP FINGERPRINTING JAN 10,95 MEMBERSHIP DUE FOR MR. PARKER 1994 VERSION OF INTRO0 TO RDA FILE FEE FOR NOHAGA RD P~92-10 RDA AD (C3687R) RDA AD (C3687R) HAUNTED HOUSE AD (C3687R) HAUNTED HOUSE AD (C3687R) SUBSCRIPTION SERVICES PUBLIC NOTZCES (7'/'~1989'C13 PUBLIC NOTICE (7771989'CI) ACCOUNT NUMBER 280'2070 300-2070 320-2070 330-2070 ~40-2070 190-180-999-5243 001-140-¢~9-5208 320-1~-~'-5208 210-190-134-5802 001-161-~-5226 001-140-~9~-5118 190-183-~9-5320 190-180-999-5214 001-100-'c~9-5258 001-120-999-5258 300-199-999-5200 300-1~;'-999-5201 300-1~-9~-5200 001-170-9<~-5261 001-170-4060 190-180-~-5415 190-180-~-5260 001-150-~-5261 190-180-~-5226 001-110-~-5228 210-165-625-5804 280-19~-~-5254 280-1~-~-5254 190-180-999-5254 190-180-'~9-5254 190-180-~-5228 001-120-999-5256 001-161-999-5256 ITEM AMOUNT 8.79 56.21 64.13 19.64 16.03 193.95 .62 .62 211.11 143.00 516.00 100.00 546.04 897.75 700.00 71,901.00 5,869.00 26,732.00 50.00 5.00 876.00 49.00 49.00 145.00 47.46 500.00 139.02 139.02 208.53 82.53 28.02 108.42 58.72 EA~E 2 CHECK AMOUNT 5,07'7.85 193.95 1.24 211.11 143.00 516.00 100.00 546.04 104,502.00 50.00 5.00 876.00 243.00 500.00 597.12 .14 VOU~.2 CITY OF TENECULA PAGE 3 12 15:54 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION 21150 12/01/94 001655 CAMERON WELDING SUPPLY CUTTING TORCH EQUIP FOR PW 21158 12/01/94 001655 CAMERON WELDING SUPPLY CUTTING TORCH EQUIP FOR PW 21159 12/01/94 CENTER FOR THE NEW ~ST RPT: THE NEXT ACT: S CA ECONOM 21160 12/01/94 000135 CENTRAL CITIES SIGN SER NISC. HARDWARE FOR SIGNS 21160 12/01/94 000155 CENTRAL CITIES SIGN $ER TAX 21160 12/01/94 000155 CENTRAL CITIES SIGN SIR 200 DRIVE RIVETS 21160 12/01/94 000135 CENTRAL CiTiES SiGN SER TAX 21160 12/01/94 000135 CENTRAL CITIES SIGN SER ROAD NARROWS SIGNS 21160 12/01/94 000135 CENTIL~L CITIES SIGN SER TAX 21161 12/01/94 001247 CENTRAL NOMITORING CORP MONITORING FEE - ALARM SYSTEM 21162 12/01/94 000138 CITICORP NORTH AMERICA LEASE PMT FOR DECEMBER 94 21162 12/01/94 000138 CITICORP NORTH AMERICA LEASE PMT FOR DECEMBER 94 21165 12/01/94 O001Z~+ COSTCO WHOLESALE 21164 12/01/94 001454 COUCH, COLETTE 2' ' 12/01/94 000155 DAVLIN 2~..d 12/01/94 DEWEESE, JOAN M. 21166 12/01/94 DEWEESE, JOAN M. 21167 12/01/94 DIEM, RICHARD SNACKS FOR LAST DAY PARTY,PAPE PAYMENT TO TCSO INSTRUCTOR VIDEO OF 11/15/94 CITY COUNCIL REIMBURSE WITNESS FOR HEARING REIMBURSE WITNESS FOR HEARING CATERING SERVICES FOR NAYOR CO ACCOJNT NUMBER 100-164-601-5242 100-164-601'5242 001-110-999-5Z28 100-164-601-5244 100-164-601-5244 100-164-601-5244 100-164-601-5244 100-164-601-52/,/, 100-164-601-52/,4 190-181-999-5250 320-199-999-5391 320-2800 190-183-~-5320 190-18,3-999-5330 001-100-999-5250 190-180-999-5262 190-180-999-5119 001-100-999-5258 21168 12/01/94 000478 FAST SIGNS SIGNS FOR TCSD 190-180-~-5222 21168 12/01/94 000478 FAST SIGNS SIGNS/PARK CLOSED 190-180-~99-5244 EXPRESS RAIL SERVICE 21169 12/01/94 000165 FEDERAL EXPRESS 21170 12/01/94 001002 FIRST INTERSTATE BANK C 21170 12/01/94 001002 FIRST INTERSTATE BANK C 21170 12/01/94 001002 FIRST INTERSTATE BANK C 5473 ~ 0391 0123 GT 54T3 6~>4 0391 0115 JG 547~ ~ 0391 0t15 JG PAYN 909 181-1123 GEN PAYM 909 694-1993 GEN PAYM 909 695-356~ GEN PAYM 909 699-2475 PW PAYM 909 699-7945 GEN PAYM 909 699-8652 GEN 21171 12/01/94 000184 G T E CALIFORNIA 21171 12/01/94 000184 G T E CALIFORNIA 21171 12/01/94 000184 G T E CALIFORNIA 21171 12/01/94 000184 G T E CALIFORNIA 21171 12/01/94 000184 G T E CALIFORNIA 21171 12/01/94 000184 G T E CALIFORNIA 21172 12/01/94 000481 GEOTECHNICAL & ENVIRORM PROF SERVICES FOR OCT 94 2117'$ 12/01/94 000177 GLENNIES OFFICE PRORUCT OFFICE bLIPPLIES 21175 12/01/94 000177 GLENHIES OFFICE PROOUCT MISC OFF]CE SUPPLIES 2117'$ 12/01/94 00011'7 GLENHIES OFFICE PRODUCT MISC OFFICE SUPPLIES 21't==' 12/01/94 000177 GLENNIES OFFICE PROOUCT OFFICE SUPPLIES-Ht. aNAN RESCXJRCE ; 12/01/94 000177 GLENNIES OFFICE PROOUCT MISC OFFICE SUPPLIES 001-140-~99-5230 001-161-999-5258 001-120-999-5258 001-120-999-5226 320-199-999-5208 320-199-999-5208 320-199-999-5208 100-164-601-5208 320-199-~99-5208 320-199-~-5208 210-190-136-5804 001-120-9~9-5220 001-140-999-5220 001-140-999-5220 001-150-~-5220 001-140-~99-5220 ITEM AMOUNT 354.25 4.19 10.00 206,25 140.00 10.85 90.00 6.98 106.57 202.95 1,224.52 100.00 140.00 703.3/, 55.10 ~8.67 50.00 54.07 327.56 51,26 148.39 100.72 607.51 906.17 33.15 30.64 34.14 17.19 194.00 14.09 52.51 5.93 5.85 40.98 CHECK AMO~JNT 358.44 10.00 470.07 106.57 1,427.47 100.00 140.00 703.34 11..3.77 50.00 381.~ 6.~ 300.37 1,628.80 194.00 VOUCHRE2 CITY OF TENECULA J~,A,GE 4 12/01/94 15:54 VOUCHER/CHECK REGISTER FOR ALL pERIODS VOUCHER/ CHECK NUMBER 21173 21174 21174 21174 21175 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21176 21178 21179 21179 21179 21179 CHECK VENDOR VENDOR ITEM DATE NUMBER NAHE DESCRIPTION 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 000177 GLENNIES OFFICE pROOUCT MZSC OFFICE SUPPLIES 000178 GOLDEN STATE TP, ADING CO MOTHERBOARD REPLACEMENT 000178 GOLDEN STATE TRADING CO FREIGHT 000178 GOLDEN STATE TRADING CO TAX 001609 GREATER ALARM CORPANY~ SECURITY MONITORING 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 001536 HARTFORD LIFE iNSURANCE 001536 LIFE iNS 001536 HARTFORD LiFE INSURANCE 001536 LiFE INS 001536 HARTFORD LiFE INSURAHCE 001536 LiFE INS 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 001536 HARTFORD LIFE INSURANCE 001536 LiFE INS 001536 HARTFORD LIFE INSURANCE 001536 LiFE INS 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 001536 HARTFORD LIFE iNSURANCE 001536 LIFE INS 001536 HARTFORD LIFE INSURANCE 001536 LIFE INS 001536 HARTFORD LiFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 LTD 001536 HARTFORD LIFE INSURANCE 001536 STD 001536 HARTFORD LIFE INSURANCE 001536 STD 001536 HARTFORD LIFE INSURANCE 001536 STD 001536 HARTFORD LIFE INSURANCE 001536 STD 001536 HARTFORD LIFE INSURANCE 001536 STD 001536 HARTFORD LIFE INSURANCE 001536 STD 001536 HARTFORD LIFE INSURANCE 001536 STD 001536 HARTFORD LiFE INSURANCE 001536 STD 001536 HARTFORD LiFE iNSURANCE 001536 STD 001536 HARTFORD LIFE iNSURANCE 001536 STD 001536 HARTFORD LIFE iNSURANCE 001536 STD 001536 HARTFORD LiFE INSURANCE 001536 STD 000388 I C B 0 MEMBERSHIP OPTION VOLIL 000194 I C M A RETIREMENT TRUS 000194 DEF CONP 000194 I C M A RETIREMENT TRUS 000194 DEF CONP 000194 I C M A RETIREMENT TRUS 000194 DEF CORP 000194 I C M A RETIREMENT TRUS 000194 DEF CO~P ACCOUNT NUMBER 001-140-9~9-5220 001-170-g99-5215 001-170-9~-5215 340-199-999-5250 001-2~60 100-2360 165-2360 190-2360 191-2~60 192-2~60 193-2360 280-2~60 300-2~60 320-2~60 330-2360 340-2360 001-2380 100-2380 165-2380 190-2380 191-2380 192-2380 193-2~80 280-2380 300-2~80 320-2380 330-2380 340-2380 001-2500 100-2500 165-2500 190-2500 191-2500 192-2500 193-2500 280-2500 300-2500 320-2500 330-2500 340-2500 001-162-999-5226 001-2080 I00-2080 190-2080 191-2080 ZTEM AHOUNT 43.10 500,00 4.35 38.7~ 35.00 588.20 116.00 4.00 133.30 4.50 10.00 15.50 2.00 5.00 10.00 10.00 21.50 611.78 115.01 5.64 127.52 4.53 5.17 16.10 3.17 5.42 13,89 5.93 14.87 112.10 21.37 1.05 .84 .96 2.~ .59 1.01 2.58 1.10 2.76 10.82 1,376.44 248.63 477.54 74.52 CHECK AMOUNT '162.46 543.10 35.00 2,020.11 10.82 VOU~E2 1F 15:54 VCXJCHER/ CHECK CHECK VEND(3R VENDON NUMBER DATE NL~4BER N~JqE 21179 12/01/94 000194 I C M A RETIREMENT TRUS 21179 12/01/94 000194 I C N A RETIREMENT TRUS 21179 12/01/94 000194 I C M A RETIREMENT TRUS 21179 12/01/94 000194 I C M A RETIREMENT TRUS 21179 12/01/94 000194 I C M A RETIREMENT TRUS 21180 12/01/94 001429 IHACOM INFORMATION SYST 21181 12/01/94 000695 INSTITUTE OF TRANSPORTA 21182 12/01/94 001407 INTER VALLEY POOL SUPPL 21183 12/01/94 001186 IRWIN, JOHN 2118/, 12/01/94 001652 JERRY KELLETT PAINTING 2118/+ 12/01/94 001652 JERRY KELLETT PAINTING 21185 12/01/94 001420 JOLLY JUMPS: AI(A: MIKE 21186 lZ/01/94 000205 KIDS PARTIES, ETC, ?' ' 12/01/94 001282 KNORR POOL SYSTEMS. iNC 12/01/94 001282 KNORR POOL SYSTEMS, INC 21188 12/01/94 000209 L & M FERTILIZER, INC. 21189 12/01/94 000380 LAIDLAW TRANSIT 21189 12/01/94 000380 LAIDLAW TRANSIT 21189 12/01/94 000380 LAIDLAW TRANSIT 21189 12/01/94 000380 LAIDLAW TRANSIT 21190 12/01/94 001513 L]BERTY AUTO CENTER 21190 12/01/94 001513 LIBERTY AUTO CENTER 21190 12/01/94 001513 LIBERTY AUTO CENTER 21190 12/01/94 001513 LIBERTY AUTO CENTER 21190 12/01/94 001513 LIBERTY AUTO CENTER 21190 12/01/94 001513 LIBERTY AUTO CENTER 21190 12/01/94 001513 LIBERTY AUTO CENTER 21191 12/01/94 000653 LUCKY STORE 21192 12/01/94 000214 LUNCH & STUFF CATERING 21193 12/01/94 000220 MAURICE PRINTERS, INC. 21194 12/01/94 001526 MICHAELS STORES, INC. 21194 12/01/94 001526 MICHAELS STORES, INC. 21195 12/01/94 001654 MONTEREY SYSTEMS, INC. 2'L~ 12/01/94 001654 MONTEREY SYSTEMS, INC. ; 12/01/94 001654 MONTEREY SYSTEMS, INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION 000194 DEF COMP 000194 DEF CONP 000194 DEF CONP 000194 DEF CONP 000194 DEF CONP NISC COMPUTER SERVICE MEMBERSHIP DUE FOR N. LAUBER MISC POOL SUPPLIES PMT FOR TCSO INSTRUCTOR INTERIOR PAINT AT CRC (PH2) PAINT HALLWAY BAND AT CRC JUMP FOR SANTA BREAKFAST CLOWN FOR MNTA BREAKFAST LUCIT TEST VIAL NISC POOL SUPPLIES FOR CRC MISC. MAINTENANCE SUPPLIES DAY CAMP FIELD TRIP TRANSPORT. DAY CAMP FIELD TRIP TRANSPORTI DAY CAMP FIELD TRIP TRANSPORTI DAY CAMP FIELD TRiP TRAHSPORTI REPAIR & MAINT. FOR CM VEHICLE REPAIR & MAINT FON TCSD VEHICL REPAIR AND MAINT FOR TCSO VEHI VEHICLE REPAIR/P~INTENANCE TIRES FOR 92 CHEVY BLAZER INCORRECTLY INVOICED INCORRECTLY INVOICED SUPPLIES FOR COOKIE MONSTER CL CITY COUNCIL MEETINGS REDEVELOPMENT NEWSLETTER CRAFT SUPPLIES CMAFT SUPPLIES 35NM PLANETARY MICROFILM MASTER APERTURE CARD DUPLICATE APERTURE CARD ACCOONT NUMBER 192-2080 193-2080 280-2080 300-2080 340-2080 320-199-999-5215 100-164-602-5226 190-182-999-5212 190-183-999-5330 190-182-999-5250 190-182-999-5250 190-183-999-5370 190-183-999-5370 190-182-999-5212 190-182-999-5212 100-164-601-5218 190-183-999-5301 190-183-999-5301 190-18~-999-5340 190-18~-999-5~40 001-110-999-5214 190-180-999-5214 190-180-999-5214 001-162-999-5214 001 - 110-999-5214 190 - 180 - 999- 5242 190~180-999-5214 190-183-999-5320 001-100-999-5260 280-199-999-5264 190-180-999-5301 190-182-999-5301 001-120-999-5250 001 - 120-999-5250 001-120-999-5250 ITEM AMOUNT 7~.00 91.09 20.21 37.49 22.50 139.69 140.00 414.19 268.80 990.00 620.00 95.00 105.00 9.37- 44.84 5.01 7~.40 ~.40 324.86 130,92 105.62 136.43 385.18 405.00 12.94 8.10 50.00 80.00 249.98 41.68 16.14 46.60 335.52 116.50 PAGE CHECK AMOONT 2,423.42 139.69 140.00 414.19 268.80 1,610.00 95.00 105.00 35,47 5.01 40/,.26 1,182.19 50,00 80.00 249.98 57.82 VOUCHRE2 CITY OF TEMECULA ~aAGE 6 12/01/94 15:54 VOUCHER/CHECK REGISTER FOR ALL PERZOOS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 21195 12/01/94 21195 12/01/94 21195 12/01/94 21195 12/01/94 21196 12/01/94 VENDOR NAME 001654 MONTEREY SYSTEMS, INC. 001654 MONTEREY SYSTEMS, INC. 001654 MONTEREY SYSTEMS, INC. 001654 MONTEREY SYSTEMS, INC. 001214 MORNINGSTAR MUSICAL PRO 21197 12/01/94 000649 21198 12/01/94 21199 12/01/94 21200 12/01/94 MUNOZ, SAL J. 001277 NATIONAL LEAGUE OF CITI 001394 NATIONAL SANITARY SUPPL 000239 OLSTEN TEMPORARY SERVIC 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 21201 12/01/94 000246 PERS (EMPLOYEES' RETIRE PERS CEMPLOYEES' RETIRE PERS (EMPLOYEES~ RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEESI RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES~ RETIRE PERS (EMPLOYEES' RETIRE PERS (EMPLOYEESI RETIRE 21202 12/01/94 000249 PETTY CASH 21202 12/01/94 000249 PETTY CASH 21202 12/01/94 000249 PETTY CASH 21202 12/01/94 000249 PETTY CASH 21202 12/01/94 000249 PETTY CASH 21202 12/01/94 000249 PETTY CASH 21202 12/01/94 000249 PETTY CASH 21203 12/01/94 000580 PHOTO WORKS ITEM DESCRIPTION 16NN X 100 FT PROCESSING 16NM X 100 FT ROLL DIAZO DUPE MSi STAFF PICK UP DELIVERY TAX SOUND FOR HOLIDAY PARADE 10/23-25 LEAGUE OF CA CITIES C CRIMINAL JUSTICE SOURCEBCX3K BLDG HAINT SUPPLIES/CRC TEMP HELP ~/E 10/30 GRACE 000246 PER REDE 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 PERS RET 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR 000246 SURVIVOR PETTY CASH REIMB. PETTY CASH REIMB. PETTY CASH REIMB. PETTY CASH REINB. PETTY CASH REIMB, PETTY CASH REINB. PETTY CASH REINB, FILM AND DEVELOPING SERVICES ACCOUNT NUMBER 001-120*999-5250 001-120-999-5250 001-120-999-5250 001-120-999-5250 190-183-999-5370 001-100-999-5258 001-170-999-5220 190-182-999-5212 001-162-999-5118 001-2130 001-2390 100-2390 165-2390 190-2390 191-2390 192-2390 193-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-2390 100-2390 165-2390 190-2390 191-2390 192-2390 193-2390 280-2390 300-2390 320-2390 330-2390 340-2390 001-120-999-5220 001-150-999-5265 001-150-999-5220 001-162-999-5260 190-181-999-5301 100-164-603-5268 190-183-999-5320 001-171-999-5250 ITEM AMOUNT 3.50 8.00 15.00 36.76 650.38 10.00 18.00 345.99 468.00 43.06 12,095.84 2,261.90 108.84 2,630.94 98.85 99.78 330.37 61.17 190.33 268.21 121.11 301.05 50.88 10.78 .37 12.51 .42 .93 1.44 .19 .46 .93 .93 2.00 18.53 5.15 31.19 30.00 71.95 21.41 75.88 31.07 CHECK AMOUNT 561.88 650.38 10.00 18.00 345.99 468.00 18,693.29 254.11 ~-11.07 12 VOUCHER/ CHECK NUMBER 21204 21204 21204 21205 21208 21209 21210 21211 21211 21211 21212 21212 21212 21213 21215 21216 21216 21216 21217 21218 21219 21219 21219 21219 21219 21219 21220 21221 21221 21221 21221 21221 21221 21~ 15:54 CHECK DATE 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01194 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 VENDOR VENDOR NUMBER NAME 000253 POSTHASTER 000253 POSTNASTER 000253 POSTMASTER 000254 PRESS-ENTERPRISE CONPAN 000255 PRO LOCK & KEY 000992 RANONA TIRE, IBC, 000947 RANCHO BELL BLUEPRINT C 000262 RANCHO CALIFORNIA WATER 000262 RANCHO ~LIFORNIA WATER 000262 RANCHO CALIFORNIA WATER 000426 RANCHO INDUSTRIAL SUPP 000426 RANCHO INDUSTRIAL SUPPL 000426 RANCHO INDUSTRIAL $UPPL 001665 RIGEL PRODUCTS AND SERV CITY OF TEMEOULA VCXJCHER/CHECK REGISTER FOe ALL PERIOOS ITEM DESCR%PT%(~q EXPRESS NAIL EXPRESS NAIL EXPRESS NAIL OLD T~N PUBLIC NOTICE 10/94 NISC .OCKSMITH SERVICES/CRC TIRES FOR P(X~L TRUCK BLUEPRINT REPROOUCTION 01-05-61906-0 09/12-10/11/94 WATER SERVICE FOR 9/26-10/26/9 WATER SERVICE FOR 9/26-10/26/9 JANZTORiAL SUPPLIES/CITY BALL MOPHEADS & TOILET BOWL BRUSHES HANDLED SCRUB BRUSHES REPAIRS FOe PW EQUIPMENT 000352 RIVERSIDE CO. ASSESSOR NAp COPIES 000678 RIVERSIDE CO. HEALTH SE 001097 ROADLINE PROOUCTS, INC. 001097 ROADDLINE PRQOUCTS, INC. 001097 ROADLINE PROOUCTS, INC. 000815 ROWLEY, CATHER/NE 000459 RUFF & TUHBLE 000704 S K S, INC/INLAND OIL 000704 S K S, INC/INLAND OIL 000704 S K S, INC/INLAND OIL 000704 S K S, ZNC/]NLAND OIL 000704 S K S, INC/INLAND OIL 000704 S K S, INC/INLAND OiL 000278 SAN DIEGO UNION TRIBUNE 000537 SOUTHERN CALIF EDISON 000537 SCX~THERN CALIF EDISON 000537 SOUTHERN CALIF EDISON 000537 SOUTHERN CALIF EDISOR 000537 SOUTHERN CALIF EDISON 000537 SOUTHERN CALIF EDISON 000537 SOUTHERN CALZF EDISON 000537 SOUTHERN CALIF EDISON CRC HAZ-NAT PERMIT FEE REPLACE PARTS ON STENCIL TRUCK FREIGHT TAX PMT FOR TCSD INSTRUCTOR PAYMENT TO TCSO INSTRUCTOe FUEL CITY VEHICLES FUEL CITY VEHICLES FUEL CITY VEHICLES FUEL CITY VEHICLES FUEL CITY VEHICLES FUEL CITY VEHICLES FINANCE OFFICER AD 43 77 077 5200 01 10/31/94 43 77 077 5350 02 10/31/94 43 77 077 5600 01 10/31/94 55-77-813-3192-01 10/3-11/2 59-77-416-2147-01 10/6-11/8/94 66-77-584-8087-02 10/20-11/19 66-77-795-0002-01 10/20-11/19 66-77-795-8082-01 10/20-11/19 ACCOUNT NUMBER 001-1Z0-~-52~0 001-161-~-52~0 001-140-~-5230 280-1~-999-5254 190-180-~<~-5212 100-164-601-5242 210-165-642-5804 340-199-999-5240 190-180-999-5240 193-180-999-5240 340-199-~-5212 190-181-~-5212 190-181-~-5212 100o164-601-5215 190-180-999-5370 190-180-999-5250 100-164-601-5218 100-164-601-5218 100-164-601-5218 190-18~-999-5330 190-183-~99-5330 001-162-999-5263 100-164-601-5263 001-165-999-5263 001-163-999-5263 001-110-999-5265 190-180-999-5265 001-150-~-5254 192-180-999-5319 191-180-999-5319 191-180-999-5319 190-182-999-5240 191-180-999-5240 3/,0-199-999-5240 191-180-999-5319 190-181-999-5240 ITEM AM(3~NT 19.95 31.90 9.95 147.00 25.00 51.70 12.93 9.61 1,237.90 3,500.14 257.95 24.89 38.38 193.94 12.00 408.00 397.80 4.80 30.83 192.00 163.40 48.80 296.13 67.72 122.24 44.59 130.69 164.70 20,670.26 69.23 6,294.43 5,384.41 14.8/, 94.62 91.13 755.80 PAGE 7 CHECK AMOUNT 61.80 147.00 25.00 51.70 12.93 4,747.65 321.22 t93.94 12.00 408. O0 192.00 16~.40 710.17 164.70 33,374.72 VOUCHRE2 CITY OF TEMECULA ~4~E 8 12/01/94 15:54 VOUCHER/CHECK REG[STER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION 21222 12/01/94 001212 SOUTHERN CALIF GAS COHP 11-8272-901-5751-3 10/13-11/14 2122~ 12/01/94 000375 SOUTHERN CALIF TELEPNON 909 202-4752 SN 21223 12/01/94 000375 SOUTHERN CALIF TELEPNON 909 202-4767 GT 21224 12/01/94 0004,65 STRADLEY, MARY KATRLEEN PNT FOR TCSD INSTRUCTOR 21225 12/01/94 000305 TARGET STORE 21225 12/01/94 000305 TARGET STONE RECREAT/OR SUPPLIES POLAROID CANERA AND FILM 21226 12/01/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 21226 12/01/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 21226 12/01/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 21226 12/01/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 21226 12/01/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 21226 12/01/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 21226 12/01/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 21226 12/01/94 001547 TEAMSTERS LOCAL 911 001547 UN DUES 21227 12/01/94 000309 TEMECULA CO~IERS MASTER UNIT FOR COPIER 21227 12/01/94 000309 TEMECULA COPIERS TAX 21228 12/01/94 000825 TEMECULA CYCLES 21228 12/01/94 000825 TEMECULA CYCLES MOTORCYCLE MAINTENANCE MOTORCYCLE MAINTENANCE 21229 12/01/94 000307 TEMECULA TROPHY CO. 21229 12/01/94 000307 TEMECULA TROPHY CO. SPORTS PROGRAMS PLAQUES SISTER CITY GIFTS ACCOUNT NUMBER 190-182-999-5240 190-180-999-5208 001-161-999-5208 190-183-999-5330 190-180-999-5301 001-171-999-5242 001-2125 100-2125 165-2125 190-2125 191-2125 193-2125 300-2125 320-2125 001-171-999-5217 001-171-999-5217 001-170-999-5214 001-170-999-5214 190-183-999-5380 001-100-999-5258 21230 12/01/94 001545 TIME MOTION TOOLS CABLE IDENTIFIER 320-199-999-5242 21230 12/01/94 001545 TIME MOTION TOOLS CABLE IDENTIFIER 320-199-999-5242 21230 12/01/94 001545 TIME MOTION TOOLS CREDIT FON RETURNED GO00S 320-199-999-5242 21231 12/01/94 000668 TINNY D. PRODUCTIONS DJ FOR TEEN DANCE 21232 12/01/94 000320 TOWNE CENTER STATIONERS DRUM CARTRIDGE (XEROX) FOR 21232 12/01/94 000320 TOWNE CENTER STATIONERS 21233 12/01/94 001065 U s c N/PEBSCO (DEF. C 001065 DEF CONP 21233 12/01/94 001065 U S C M/PEBSCO (DEF. C 001065 DEF CONP 21233 12/01/94 001065 U S C M/PEBSCO (DEF. C 001065 DEF CONP 21233 12/01/94 001065 U S C N/PEBSCO (DEF. C 001065 DEF COMP 21233 12/01/94 001065 U S C N/PEBSCO (DEF. C 001065 DEF C014P 21233 12/01/94 001065 U S C M/PEBSCO (DEF. C 001065 DEF CONP 21234 12/01/94 000389 U S C M/PEBSCO (OBMA) 000389 PT RETIR 21234 12/01/94 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 21234 12/01/94 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 190-183-999-5320 190-182-999-5220 190-182-999-5220 001-2080 100-2080 190-2080 300-2080 320-2080 340-2080 001-2160 100-2160 190-2160 ITEM AMOUNT 2,776.12 83.53 73.37 416.00 76.27 364.24 476.37 74.00 7.40 85.10 8.32 28.68 4.63 18.50 183.00 14.18 189.48 28.72 55.50 71.23 96.98 101.95 96.98- 300.00 119.99 9.30 2,448.89 188.44 271.50 5.00 312.50 50.00 261.40 83.26 242.82 CHECK AMOUNT 2~776.12 156.90 416.00 440.51 703.00 197.18 ~.~.20 126.73 101.95 300.00 129.29 3,276.33 587.48 21235 12/01/94 000325 UNITED MAY OF THE INLAN 000325 UW 001-2120 63.85 21235 12/01/94 000325 UNITED MAY OF THE INLAN 000325 UW 100-2120 10.05 21235 12/01/94 000325 UNITED WAY OF TNE INLAN 000325 U~4 190-2120 17.00 VOUCu~u;2 CZTY OF TENECULA PAGE 9 12 15:54 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK NUMBER 21235 21236 21236 21236 21236 21236 21236 21236 21237 21230 21238 21238 21238 212S9 21240 2' CHECK DATE 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 12/01/94 VENDOR VENDOR NUMBER NAME 000325 UNITED HAY OF THE INLAN 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 000326 UNZTOG RENTAL SERVICE 000326 UNITOG RENTAL SERVICE 001298 UNIVERSITY EXTENSION 001342 WAXIE SANITARY SUPPLY 001342 WAXIE SANITARY SUPPLY 001342 WAXIE SANITARY SUPPLY 001342 WAXIE SANITARY SUPPLY 001076 WESTERN WASTE, INC. 000466 WHITEHEADt RHORDA 000342 WINOSOR PARTNERS - RANC 000342 WINDSOR PARTNERS - RANC 000342 WINDSOR PARTNERS - RANC ITEM ACCOUNT ITEM CHECK DESCRIPTIOR NUMBER AMOUNT AMOUNT 000325 tN 280-2120 .60 UNIFORMS NAINT FOR PW 100-164-601-5243 UNIFORMS NAINT FOR PW I00-16~-601-5243 UNIFORM NAINTENANCE/TCSD 190-180-999-5243 UNIFORM MAINTENANCE FOR TCSD 190-180-999-5243 RENTAL & CLEAN FLOOR HATS CITY 340-199-999-5250 CRC FLOUR HAT RENT/CLEAN 190-182-999-5250 FLOOR HAT RENTAL AND CLEANING 190-181-999-5250 TRAFFIC SIGNAL CERTIF CLASSES 100-164-602-5261 BLDG HAINT SUPPLIES ' CRC BLDG HAINT SUPPLIES * CRC RETURN OF SUPPLIES BLDG HAINT SUPPLIES - CRC 190-182-999-5212 190-182-999-5212 t90-182-999-5212 190-182-999-5212 PORTABLE TOILET RENTAL 190-180-999-5238 PMT FOR TCSD iNSTRUCTOR 190-183-999-5330 RENT FOR DECEMBER 1994 CAM FOR NOVERNBER 1~4 REPAIR#S TO BUILDING D 340-199-999-5234 340-199-999-5~4 340-199-999-5212 23.00 23.00 16.35 16.35 30.~ 46.44 16.75 200.00 983.77 641.22 1,643.52- 59.05 455.00 64.00 8,803.60 2,673.95 325.00 91.50 172.64 200.00 40.52 455.00 64.00 11,802.55 TOTAL CHECKS 238,994.69 VOt~CHRE2 CITY OF TENECULA g.~E 2 lZ/01/94 16:40 VOUCHER/CHECK REGISTER FOR ALL PERIOOS FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 CQNNUNITY SERVICES DISTRICT TCSD SERVICE LEVEL C 210 CAPITAL IffiPROVENENT PROJ FUND 280 REDEVELOPHENT AGENCY - CIP 300 INSURANCE FUND 320 INFORffiATION SYSTENS ANQtJNT 25,789.96 37,002.31 3,161.38 8~5.00 4,962.94 6,910.19 3,975.54 4,432.77 TOTAL 87,100,09 VOUCu~"? CITY OF TEMECULA PAGE 1 12, 16:40 VOUCHER/CHECK REGISTER FOR ALL PERIQOS VOUCHER/ CHECK NUMBER 21245 21245 21246 21246 21246 21246 21246 21246 21246 21247 21248 21248 21249 21250 21250 21250 2' 21~j, 21251 21251 21252 21253 21254 21255 21255 21256 21257 21258 21258 21258 21258 21259 21260 21260 CHECK DATE 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 12/13/94 VENDOR VENDOR NUMBER NAME 000101 APPLE ONE 000101 APPLE ONE 000123 BURKE WILLJAMS & SORENS 000123 BURKE WILLIAMS & SORENS 000123 BURKE WILLlAMB & SORENB 000123 BURKE WILLIANS & SORENS 000123 BURKE WILLIANS & SORENS 00012~ BURKE WILLIAMS & SORENS 000123 BURKE WILLIAMS & BQRENS 000126 CALIFORNIA LANDSCAPE MA 000135 CENTRAL CITIES SIGN SER 000135 CENTRAL CITIES SIGN SER 000979 DEL RIO ENTERPRISE 000754 ELLIOTT GROUP, THE 000754 ELLIOTT GROUP, THE 000754 ELLIOTT GROUP, THE 000754 ELLIOTT GROUP, THE 001429 INACOM INFORMATION SYBT 001429 INACON INFORMATION SYST 001429 INACON INFORMATION BYST 001574 NARGARITA VILLAGE RET C 000220 MAURICE PRINTERS, INC, 000231 N B S/LOWRY, INC. 001585 PAUL GARDNER CORPORATIO 001585 PAUL GARDNER CORPORATIO 001046 REXON, FREEDMAN, KLEPET 000357 RIVERSIDE CO. TRANSPORT 000793 SCANTRON CORPORATION 000793 SCANTRON CORPORATION 000793 SCANTROR CORPOIL~TIOR 000793 SCANTROR CORPORATION 000513 SIMMONS, BECKY MCLEAN 000302 SYSTEM SOURCE, INC, 000302 SYSTEM SOURCEI INC. 000302 SYSTEM SOURCE, INC. ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT TEMP HELP W/E 10/15 KLUKAS 001-140-999-5118 TEMP HELP W/E 10/15 ASKINS/AYA 190-180-999-5118 PROF. SERVICE FOR OCT 94 PROF. SERVICES FOR OCT 94 PROF. SERVICES FOR OCT 94 PROF. SERVICES FOR OCT 94 PROF. SERVICES FOR OCT 94 PROF. SERVICES FOR OCT 94 PROF. SERVICES FOR OCT 94 001-130-999-5246 001-130-999-5246 190-180-999-5246 300-199-999-5207 280-199-999-5246 001-130-999-5246 DRAIN INSTALL AT CRC 190-180-999-5212 SIGN STOCK FOR CITY YARD TAX 100-164-601-5244 100-164-601-5244 RAINBOW CYN RD OVERSIDE DRAIN 100-164-601-5402 PLAN CHECK REVIEW SERVICES LANDSCAPE PLAN CHECK SERVICES EXCEEDS P,O, AMOUNT AWAITING NEW P.O, 193-180-999-5250 190-180-999-5250 193-180-~-5250 190-180-999-5Z50 516.00 686.28 3,150.00 524.30 13,303.06 875.84 3,975.54 3,259.62 2,987.85 1,586.Z0 5,935.09 459.97 1,850.00 1,080.00 675.00 215.00- 67~.00- CASTELLE FAXPRESS 2000 320-1970 2,921.00 FREIGHT 320-1970 25.00 TAX 320-1970 211.77 MOOIF. OF LOOP DETECTOR RELOCA 100-164-602-5405 REDEVELOPNENT NEWSLETTER 280-199-999-5264 SURVEY SERVICES FOR OCT 94 210-199-128-5802 TRAFFIC SIGNAL MOO OR RANCHO C 100-164-602-5405 RETENTION INVOICE 94314 100-2035 PROF. SERVICES FOR OCT 94 001-130-999-5247 FY 94/95 ACTUAL COST ADJUSTMEN 100-164-602-5405 INSPECTION REQUEST FORMS 001-162-999-5222 FREIGHT 001-162-999-5222 TAX 001-162-999-5222 QUOTED PRICE WAS DIFF FROR INV 001-162-999-5222 ~ORDPERFECT TRAINING 320-199-999-5261 REBUILD WORK STATION IN TCSD REBUILD WORK STATION IN TCSD TAX 001-199-999-5601 190-180-999-5242 001-199-999-5601 1,230.00 3,650.57 4,962.94 9,619.09 961.91- 2,665.35 18,870.07 1,434.97 44.~ 111.46 322.15- 1,275.00 1,276.00 13.06 98.89 1,202.28 28,076.21 1,586.20 6,395.06 1,850.00 8~5.00 3,157.77 1,230.00 3,650.57 4,962.94 8,657,18 2,665.35 18,870.07 1,268.51 1,275.00 1,387.95 TOTAL CHECKS 87,100.09 ITEM 4 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, interim Finance Officer December 13, 1994 City Treasurer's Report as of October 31, 1994 PREPARED BY: ~/Tim McDermott, Interim Chief Accountant RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of October 31, 1994. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with the Code Sections as of October 31, 1994. FISCAL IMPACT: None ATTACHMENTS: 1. City Treasurer's Report as of October 31, 1994 2. Schedule of Fund Balances as of October 31, 1994 City of Temecula City Treasurer's Report As of October 31, 1994 Cash Activity for the Month of October: Cash and Investments as of October 1, 1994 Cash Receipts Cash Disbursements Cash and investments as of October 31, 1994 46,478,061 1,647,173 (1,772,276) 46,352,958 Cash and Investments Portfolio: Type of Investment Peh'¥ Cash General Checking Benefit Demand Deposits Local Agency Investment Fund Deferred Compensation Fund Deferred Compensation Fund Defined Contribution Fund Trust Accounts-TCSD COPs Trust Accounts-RDA Bonds Institution City Hall First interstate First Interstate State Treasurer ICMA PEBSCO PEBSCO Bank of America Bank of America Yield 5.243% 4.280% 4.280% Balance $ 800 (8,490) (1) 5,646 (1) 32,861,784 234,501 264,303 23,331 5O4,540 12,466,543 $ 46,352,958 (1)-This amount is net of outstanding checks. Per Government Code Requirements, this Treasurer's Repor~ is in compliance with the City of Temecula's investment policy and there are adequate funds available to meet budgeted and actual expenditures of the City of Ternecula for the next thirty days. City of Temecula Schedule of Fund Balances As of October 31, 1994 City Total Assets $ 30,092,460 Less: Liabilities 3,555,300 Total Fund Balances 26,537, 160 Less: Reserved Amounts (1) 4,109,870 Less: Designated Amounts (2) 14,563,652 Unreserved, Undesignated Fund Balances $ 7,863,638 Community Services Redevelopmerit District Agency Total $ 1,718,762 $ 20,935,236 $ 52,746,458 303,987 490,420 4,349,707 1,414,775 20,~?'!,816 48,396,751 882,718 8,331,876 13,324,464 856, 190 12, 112,940 27,532,782 $ (324,133) $ 0 $ 7,539,505 (1) Includes amounts reserved for encumbrances, land held for resale, long-term notes receivable, low/rood housing, and debt service. (2) Includes amounts designated for economic uncertainty, debt service, and continuing appropriations. ITEM 5 FROM: DATE: SUBJECT: APPROV CITY ATI'ORNE~~ FINANCE OFFIC R CITY MANAGE CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning~2 December 13, 1994 Status Report on City Efforts to Obtain a State Historic Designation for Portions of Old Town Temecula Prepared By: David W. Hogan, Associate Planner RECOMMENDATION: Receive and File. BACKGROUND Over the last year the City has been working with Caltrans to put signs on the freeway identifying Old Town Temecula. In our most recent contact with Caltrans, their representative stated that the easiest way to get freeway signage for Old Town was to have Old Town Temecula designated as a State historic district. Staff contacted Ms, Marilyn Wortey with the State Office of Historic Preservation to determine what was needed for a State historic designation. She suggested that the best way to start was to provide them with a location map and photo inventory of the area. Based upon the photo inventory, they would contact the City again to schedule a field visit if the area showed promise. A copy of the location map and photo inventory, which were subsequently mailed to the State, are included in Attachments 1 and 2, respectively. Staff is hopeful that our initial information package will interest the State Office of Historic Preservation in the Old Town area and result in its designation as a state historic district. We will keep the Council informed of our progress with respect to the designation process. FISCALIMPACT None. Attachments: 1. Location Map for Proposed State Historic District, Page 2 2. Photo inventory for Proposed State Historic District, Page 3 ATTACHMENT NO. 1 LOCATION MAP R:\HISTORIC~OT_HIST.CCI 11/29/94 Ir, lb 2 PROPOSED OLD TOWN TEMECULA HISTORIC DISTRICT Historic ( Pre - 1915 ) Buildings Compatible Modern Buildings ATTACHMENT NO. 2 PHOTO INVENTORY PHOTO INVENTORY PROPOSED OLD TOWN TEM]ECULA HISTORIC DISTRICT HISTORIC BUILDING NO. 1 - Burnham Store (1910) HISTORIC BUILDING NO. 2 - First National Bank (1914) H/STORIC BIjU-r~ING NO. 3 - Ivlachado Store (1910) HISTORIC BUILDING NO. 4 - Welty Building (1891) HISTORIC BUIT.nING NO. 5 - Friedman Meat Market (1901) HISTORIC BUILDING NO. 6 - Temecula Hotel (1882) HISTORIC BIJlI,DING NO. 7 - Temecula Immigration Office (1891) BACKGROUND PHOTOGRAPH NO. 1 - Main Street looking South West BACKGROUND PHOTOGRAPH NO. 2 - Main Street looking North East R:\HISTORiC\OTPRE.LI]d. RPT 11123194 dwh Page BACKGROUND PHOTOGRAPH NO. 3 - Front Street leoking North West BACKGROUND PHOTOGRAPH NO. 4 - Front Street looking South East ITEM 6 APPROVAL R.~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA STAFF REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Peter M. Thorson, City Attorney December 13, 1994 Pala Park Reimbursement Agreement RECOMMENDATION: That the City Council approve and authorize the Mayor to sign the "Temecula Lane and Pala Channel Reimbursement Agreement." DISCUSSION: In April 1991, the City Council authorized recordation of the final tract map for Tract 21067 (Kingsway). At the same time, the City entered into the "Park Agreement" providing that Kingsway would dedicate three lots to the City to be developed as Pala Community Park. At the time that Kingsway obtained approval of Tract 21067, they posted bonds requiring construction of the subdivision improvements by October 23, 1992. These improvements included construction of Temecula Lane and a main line sewer which also would serve Pala Park, along with installation of Pala Drainage Channel. Since that time, Kingsway has not only failed to construct the necessary subdivision improvements, but also lost its property to Union Bank. Santa Barbara 86, a California Limited Partnership, has now obtained the property from Union Bank. Rather than attempt to compel the bonding company to construct these improvements, City Staff has negotiated a Reimbursement Agreement with Santa Barbara 86 that would provide as follows: The City would construct Temecula Lane, thereby providing access to Pala Park. The City will be reimbursed for the cost of the road when Santa Barbara 86 pulls its fourth building permit or by November 1, 1998, whichever occurs first. (Santa Barbara 86 would be able to build its three model homes without triggering reimbursement.) Agenda Report - Pala Park Reimbursement Agreement October 18, 1994 Page 2. Santa Barbara 86 would complete construction of the sewer main line by March 1995. Santa Barbara 86 would also deposit $20,000 with the City to pay for a storage tank to be installed by the City if Santa Barbara 86 fails to complete the sewer line on time. Because Pala Channel improvements have not been constructed, Santa Barbara 86 will maintain the dirt channel to the reasonable satisfaction of the City Engineer. If Santa Barbara 86 fails to maintain the channel, the City may perform the work and back-charge Santa Barbara 86. Santa Barbara 86 will provide a policy of title insurance on behalf of the City in the amount of $250,000 for Pala Road Park. It is recommended that the City Council approve and authorize the Mayor to sign the attached Reimbursement Agreement. ATTACHMENTS: Reimbursement Agreement RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO CITY CLERK CITY OF TEMECULA 43174 BUSINESS P/%RK DRIVE TEMECULA, CA 92590 Exempt from Recording Fee per Gov't C. § 6103 REIMBURSEMENT AGREEMENT This Agreement is made as of , 1994, by and between the City of Temecula ("City") and Santa Barbara 86, a California Limited Partnership, ("Owner"), with respect to the following: RECITALS R-1. Owner owns the real property legally described on Exhibit A, attached hereto and incorporated herein (the "Property"), which is adjacent to Loma Linda Road in the City of Temecula, California. R-2. The County of Riverside approved Tentative Tract Map No. 21067. R-3. On or about April 23, 1991, Owner's predecessor-in- interest, Kingsway Development Corporation ("Kingsway") signed a Subdivision Improvement Agreement for Tract No. 21067 (the "Improvement Agreement"). R-4. On or about April 23, 1991, the City Council of the City authorized recordation of the final map for Tract 21067, which Map was recorded on May 3, 1991. R-5. The Improvement Agreement required that Kingsway, no later than October 23, 1992, install certain improvements, including construction of Temecula Lane ("Temecula Lane"), installation of a main sewer line, and installation of the Pala Drainage Channel ("Pala Channel") (hereinafter collectively referred to as the "Improvements"). R-6. The Improvement Agreement further provided that Kingsway maintain Pala Channel until the Channel was fully improved. Adequate maintenance requires the Channel be periodically cleared of sediment, debris and vegetation. R-7. To secure performance of the Improvement Agreement, Owner filed with the City Bond No. 117-85-65 of the Insurance Company of the West. ORA 5./, October 7, 199/, i Extended Bid Amounts Temecula Lane 3% Contingency Subtotal 10% City Overhead $ 77,342.00 $ 2,320.00 $ 79.662.00 $ 7,966.00 Total $ 87,628.00 1B. Until Owner has installed Pala Channel as required pursuant to the Improvement Agreement, Owner shall maintain Pala Channel by periodically removing sediment, vegetation and debris from the Channel to the reasonable satisfaction of the City Engineer. Should Owner fail to so maintain the Channel following 15 day written demand from the City Engineer, then the City may use its own contractor to maintain the Channel. In such a case, Owner shall reimburse City for one hundred percent (100%) of City's actual costs and expenses for removing sediment, vegetation and debris from Pala Channel, plus ten percent (10%) overhead. 2. City shall pay for work performed pursuant to Section 1. Actual costs shall be identified and billed to Owner with all invoices, receipts and supporting documentation. 3. Prior to authorizing Jaska to proceed with any change orders over and above the three percent (3%) contingency associated with construction of Temecula Lane, City shall obtain Owner approval of the change order, which approval shall not be unreasonably withheld. 4. The Reimbursement for Temecula Lane and Pala Channel shall be subject to interest, calculated at a rate of seven percent (7%) per annum, simple interest, beginning from when the City actually pays for work performed pursuant to Section 1, and accruing interest until full reimbursement is repaid to City. 5. Prior to such time as the fourth building permit is issued for construction of dwelling units on the Property, or by November 1, 1998, whichever Occurs first, Owner shall pay the City the reimbursement owing City for Temecula Lane and Pala Channel. No building permit shall be issued for Tract 21067 unless and until Owner has paid City full reimbursement. 6. Should Owner fail to timely pay City the reimbursement, City may make demand on said Bond No. 117-85-65 for the reimbursement amount. Insurance Company of the West shall pay the City the reimbursement within seven days of receiving the City demand. O, 356.4 October 7, 1~ 3 7. The main line sewer within Tract 21067 will also serve the snack bar and restrooms within Pala Park. Owner shall begin construction of the main line sewer no later than January 10, 1995, and complete it no later than March 30, 1995. To secure this obligation, Owner shall, within ten (10) days of City approval of this Agreement, deposit Twenty Thousand Dollars ($20,000) with the City, in the form of cash, a letter of deposit or a certificate of deposit. Should Owner fail to timely complete the sewer line, then the City may take any and all of the following actions: 1) construct a sewage holding tank using the $20,000 deposit; 2) order Insurance Company of the West to construct the main line sewer pursuant to Bond No. 117-85-65, and 3) may refuse to issue any new grading, building or related permits for Tract No. 21067, and order work to be halted on all such permits previously issued. 8. Within seven days of execution of this Agreement, Owner shall remove the deed of trust recorded against Lots 87, 88 and 89 of Pala Community Park and provide a CLTA title policy for the same lots, as required pursuant to the Park Agreement. 9. This Agreement and any amendment may be recorded with the County Recorder of Riverside County. All parties agree to execute a termination of this Agreement in recordable form upon the completion of the obligations of Owner hereunder. 10. Any notice given hereunder shall be deemed effective (i) on receipt by receipted personal delivery; (ii) business day after being sent by a recognized overnight mail delivery service; or (iii) two business days after being deposited in the U.S. Mail, first class postage prepaid, certified, return receipt requested. Notices shall be sent addressed as follows: oils City: City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: City Clerk OwNer: Santa Barbara 86 c/o Westmark Communities One Columbia, Suite 220 Aliso Viejo, CA 92656 Bonding: Insurance Company of The West 2645 Financial Court, Suite D San Diego, CA 92117 Any party may change its address for receipt of notice by giving written notice to all other parties. ORANGE:856J, Octe/oer 7, 199~ 4 11. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, undertakings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 12. If any terms, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 13. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto. The rule of the construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 14. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 15. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 16. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. OR, 56./, October 7, 199~ 5 17. The person or persons executing this Agreement on behalf of Owners warrants and represents that he/they have the authority to execute this Agreement on behalf of is/their corporation, partnership or business entity and warrants and represents that he/they/has/have the authority to bind Owners to the performance of its obligations hereunder. This Agreement may be signed in counterparts. 18. Entering into or a breach of this Agreement shall not affect, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value. 19. For purposes of sales of improved lots to consumers, this Agreement, if recorded, shall be deemed to terminate as to individual lots upon the issuance by City of a notice of completion for a structure on said lot. 20. Should it become necessary for any party to bring legal action to enforce any provision of this Agreement, then the prevailing party in such action shall be entitled to recover all attorney's fees and court costs reasonably incurred thereby. ORA~dG[:a56.&, III III III III III III III III III III III ,'11 III /11 /11 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. CITY OF TEMECULA: Dated: By: APPROVED AS TO FORM: Peter M. Thorson City Attorney ATTEST: June S. Greek City Clerk SANTA BARBARA 86, a California Limited Partnership Dated: President, Westmark Communities, Inc., a California Corporation, General Partner / 0RA,,,:856.~, October 7, 1994 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~ County of ~ personally appeared ~ ~- ~ NAME(S) OF SIGNER(S) ~ personally known to me - OR - ~ proved to me on the basis of satisfamo~ evidence to be the person(~ whose name(s) is/crc subscribed to the within instrument and ac- knowledged to me that he/shG/thcy executed the same in his/hor/thcir authorized ~ .... ~~ capacity(~, and that by his/~ Dolores E. Wells ~ signature(s) on the instrument the person(~, ~~.,. or the entity upon behalf of which the , ~ .......... person(~) acted, executed the instrument. WITNESS my hand a_nd official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER [] PARTNER(S) [] LIMITED [] GENERAL '~ ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR. [] OTHER: NUMBER OF PAGES DATE OFDOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE O1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave,, P.O. BOx 7184 · Canoga Park, CA 91309-7184 Dated: INSURANCE COMPANY OF THF- WEST HOME 0FI=ICE: SAN DIEGO. CALIFORNIA Cenir~,~ C~gy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurencl Company of the West. a CorPoration duly authorized and existing onere- the laws of the State of California and having its principal office in the City of ~n Diego. California. does heroily nominate, C~nstituta and appoint: Its true and lawful Attomey(S)-inoFact. with full power and authority hereby Confe,e~l in its name. place and stead. to execute. fill. acl<nowledge and dMiwmf any and all bon~L% undertakings, recognizances or other Mitten Obligations in the nature thereof. This I~w~f of Attorney is gr~nted and k signed and idaled by fa{3imile under and Py the authority of the following ResolutiOn 'RESOLVED: TI;at the President or Secretary may from tim to time appoint Attorneys*in-Fact to represent and act for and remove suc~ Attorneys-in*Fact and revoke the POwer of Attorney given him or her; and be it further 'RESOLVED: That the Attorney-in-fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the Pusineis of the Coalsany may require, and any ~;ectetary.' IN WITNESS WHEREOF. insurance Company Of the West his Caused its official Seal to Pe hereunto affixed anP these presents to IXsignedPyitsPulyaufhorizedo~iCarsthis 2~D DAY 0F ,TtTLY 1985. S'FATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO INSURANCE COMPANy. OF THE WEST On this;ZN~) DAY OF j'UT_y 1985 Pefore the suPscraPer, a Notary Public of the State of California. in and for the County of Sin Diego. duly CommiSSionell one Qualified. Came EP. NEST P.A~}~/, President of INSURANCE COMPANY OF THE WEST. to me personally known to Pe the individual anP officer described In and who executed the preceding instrument. and he acknow- ledged the execution of the Same. and Doing py me duly sworn. deposetn and Saith. that he is the said office of the Corporation aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation. and that the Said Corporate Sial and his signature as such officer w~re duly affixed and suPscribed to the sa:d instrument by the authority and direction of the Said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Sen Diego, the day and year first above Mitten. NOTART PIlllUG - ~FORNI ~AT[ OF ~LIFORNIA CQUN~ OF SAN DIEGO I. the undersi~e~. Richaffi S. King. SKreta~ of the Insurance Cornpiny of ~e Wdt. do hereoy ce~ify thit the oriqinil POWER IN WITNESS WHEREOF. f have Deeunto subscribed ~ ni~ as ScheMe. and affixed the Co~orlte SeI of the Corr mis 6oh a~y of 0cco~e= ~9 9~ IC~f CAt, 37 fREV. 5/821 Notaw PuPl, ic CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of san Diego On October 6, 1994 personally appeared before me, Eon H. Ballard Traci E. O'Connor, Notary Public Pr3 personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized Capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though me ~a~a Oetow ~s not required I~y law, it may prove valuaDle to perdons relying on the document and could prevent fraudulent rear, acnment of ~ls form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT [] PARTNER(S) C"~ UMITED [] GENERAL J'~ ATTORNEY-IN-FACT r-~ ,,_, TRUSTE~(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: Insurance Company of the West SIGNER(S) OTHER THAN NAMED ABOVE ICW CP 416 ITEM 7 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNE~ FINANCE OFFI R CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane McLarney, Assistant City Manager December 13, 1994 Fire Protection Agreement for Fiscal Year 1994-95 RECOMMENDATION: That the City Council approve the Fire Protection Agreement for Fiscal year 1994-95 and authorize the Mayor and City Manager to approve the final form and execute the agreement. BACKGROUND: Attached is a contract for fire services with Riverside County. Each year it is necessary to update the contract in accordance with the City's approved budget for fire services. This agreement provides for the level of service delivery as authorized by the City Council. FISCAL IMPACT: Adequate funds are budgeted for FY 94-95 Fire Services as stated in the attached contract. 2 3 4 5 6 7 8 9 10 ll 12 15~ 16 17 18 20 25 ~5 27 SECOND AMENDMENT COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA THIS SECOND AMENDMENT is made and entered into by the City of Temecula and the County of Riverside. RECITALS WHEREAS, The parties heretofore entered into an agreement entitled "A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR CITY OF TEMECULA" (the "AGREEMENT") dated July 1, 1993; and WHEREAS, the parties are requesting an amendment to said agreement attachment Exhibit "A"; and WHEREAS, the purpose of this amendment is to update the rates. COVENANTS NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties agree as follows: 1. AMENDMENT. The parties agree that Exhibit "A" of the Agreement is hereby amended to provide as follows: The attached Exhibit "A" shall be in place for the Fiscal Year 1994/95. 2. EFFECTIVE DATE. This Second Amendment shall become effective upon execution by all of the above-mentioned parties. /// /// III 4 5 7 8 9 10 11 12 14 16 18 19 20 26 28 IN WITNESS WHEREOF, the City has caused this agreement t be signed by its Mayor and sealed by its Clerk and the County of Riverside by order of its Board of Supervisors, made , has caused this agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of the Board, all on the day and year first above written. DATED: CITY OF TEMECULA BY: MAYOR ATTEST: BY: TITLE: COUNTY OF RIVERSIDE ATTEST: BY: GERALD MALONEY CLERK OF THE BOARD BY: CHAIRMAN, BOARD OF SUPERVISORS TEMECULA FIRE SERVICES FY 1994/95 PERSONNEL AND SERVICE DELIVERY COSTS PERSONNEL Classification Positions Battalion Chief 1.0 Fire Safety Specialist 1.0 Fire Systems Inspector 1.0 Fire Captain 2.0 Fire Apparatus Engineers 3.2 Firefighter II 10.4 Salaries, Benefits, State Administrative Charge: $1,614,730 Total Uniform Allowance $ 20,734 ,50% Aerial Truck Staffing ire Captain 1.5 Fire Apparatus Engineer 1.5 Firefighter II 3.0 Total Positions 24.6 Total $1,635,464 SERVICE DELIVERY/DEPARTMENT SUPPORT SERVICES Station 12 Station 73 Total $199,209 $211,823 $411,032 Total cost for Personnel and Service Delivery ,Less estimated structural fire and redevelopment tax credit NET CITY BILLING $2,046,496 $1,475,996 $ 570,500 ITEM 8 TO: FROM: DATE: SUBJECT: APPROVA~ CITY ATTORNEY FINANCE OFFI ' ' CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joseph Kicak, Interim Director of Public Works/City Engineer December 13, 1994 Acceptance of Public Improvements in Widening of Margarita Road between Rancho California Road and La Serena Way PREPARED BY: ~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT the public improvements constructed under the terms of the agreement between the City of Temecula and Margarita Village Retirement Village, Inc. dated June 14, 1994 and ACCEPT the maintenance responsibilities therefor. BACKGROUND: Vesting Tract Map No. 23371, Amendment No. 1, was conditionally approved by the County of Riverside to complete the widening of the east side of Margarita Road between Rancho California Road and La Serena Way prior to the issuance of a Certificate of Occupancy for the first residential unit. The City Council directed staff to negotiate with the owners of the subject tract in order to expedite the construction of this primary transportation link. On June 14, 1994, the City Council approved an agreement with Margarita Village Retirement Community, Inc. (MVRCI) for the financing and construction of the east side of Margarita Road between Rancho California Road and La Serena Way to ultimate width. The terms of the resulting agreement included the immediate installation of the necessary street improvements by the developer and the advancement of costs of this construction by the City of Temecula. These construction costs will then be reimbursed to the City through a surcharge on the first 800 residential building units within Tract No. 23371. The subject street improvements including the requisite construction staking and geotechnical services have been completed to the satisfaction of Public Works Staff and are recommended for both acceptance of the public improvements and the payment of costs expended by the developer in accordance with the scope of work contracted for and the invoices submitted. r:%egdrpt%94%0614\mwci .agr/ajp Initial cost estimates for the contractual construction work, supporting construction survey staking and geotechnical services, street lighting energizing fees, and City inspection services totalled $168,517.00.Final invoices for all items of work eligible for reimbursement by MVRCI total $146,922.38. MVRCI has submitted Labor and material releases, copies of Notices of Completion executed and recorded with the Office of the Recorder of the County of Riverside, and met all other conditions of the agreement. Margarita Road from State Highway No. 79 (S) to La Serena was accepted into the Riverside County Maintained-Road System prior to December 1, 1989 and therefore became a part of the City Maintained-Street System upon incorporation. FISCAL IMPACT: Reimbursement of the funds advanced for this work will be accomplished through the future development and sale of the proposed dwelling units. The first 800 units will be charged approximately $183.65 per residential dwelling unit as an additional building permit fee in accordance with the terms of the agreement. The new improvements on this street will be integrated into the City's Pavement Management System and will receive periodic surface and/or structural maintenance efforts. The new pavement condition should necessitate only limited surface or structural treatments for 5 to 7 years. ATTACHMENT: 1) Location Map 2) Agreement available on file cc: Brad Buron, Maintenance Superintendent r:~agdrpt\94\0614~nwci.egrlajp \ Margarita Road Rancho California Road to La Serena Way Location Map ITEM 9 TO: FROM: DATE: SUBJECT: APPROVA~~~-~ CITY ATTORNEY FINANCE OFFI CITY MANAG CITY OF TEMECULA AGENDA REPORT City Council/City Manager  /Joseph Kicak, Interim Director of Public Works/City Engineer December 13, 1994 Award of Contract for the Construction of a Traffic Signal at the Intersection of Margarita Road and Avenida Barca, Project No. PW93-10 PREPARED BY: f1~ Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council: Award a contract for the construction of a Traffic Signal at the intersection of Margarita Road and Avenida Barca, Project No. PW93-10 to Macadee Electrical Construction, for $81,849.00 and authorize the Mayor to execute the contract upon receiving Caltrans approval. Authorize the City Manager to approve change orders not to exceed the contingency amount of $8,184.90 which is equal to 10% of the contract amount. Advance $90,033.90 in Signal Mitigation Funds from the Development Impact Fund to the Capital Improvement Projects Fund. BACKGROUND: On October 18, 1994 City Council approved the construction plans and specifications and authorized the Department of Public Works to solicit public construction bids for the Traffic Signal at the intersection of Margarita Road and Avenida Barca. This project includes the installation of a 4-way fully actuated traffic signal. This signal will provide separate left turn movements from Margarita Road into the adjacent residential areas. Pedestrian push buttons will also be installed to assist in crossing each leg of the intersection. This project is being funded through the Federal FY1992/93 Surface Transportation Program (STP). STP funds which are administered by Caltrans, have been allocated in the amount of $100,000 for the construction and the City's share of administration of the project. The Engineer's Estimate for the project was $90,000. -1- r:%agdrpt\95\1213~pw93-10.awd 120294 Ten(10) bids for the project were publicly opened on December 1# 1994 and the results for the bid are as follows: 1. Macadee Electrical Construction ...... $81,849.00 2, DBX Inc ........................ $82,368.00 3. Peek Traffic .................... $82,445.00 4. TCB Electrical ................... $83,597.00 5. Superior Signal Service Corp ......... $86,680.00 6. Lekos Electrical Inc ................ $87,737.00 7. De La Cruz ..................... $89,928.00 8. Moore Electrical Contracting, Inc ...... $91,450.00 9. Taft Electrical Co ................. $98,200.00 10. Sierra Pacific Electrical Contracting . .. $102,398.00 Macadee Electrical Construction has not performed any work for the City, but has performed well in other areas of Riverside County based on comments from references of previous work. The construction schedule is for 90 working days. Work is expected to begin in early January, 1995 and be completed in late May, 1995. A copy of the bid summary is available for review in the City Engineer's office. FISCAL IMPACT: This is a Capital Improvement Project and will be funded through the Surface Transportation Program (STP) which is administrated by Caltrans. STP funds have been allocated in the amount of $100,000 for the construction and administration for this project. Funds are available for the construction contact and contingency amounts of $81,849.00 and $8,184.90, respectively. The total amount of $90,033.90 will need to be advanced from Signal Mitigation Funds to the Capital Improvement Fund. -2- r:\agdrpt\95\1213\pw93-10.awd 120294 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW93-10 TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION MARGARITA ROAD AND A VENIDA BARCA THIS CONTRACT, made and entered into the 13th day of December, 1994, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Macadee Electrical Construction, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1.8. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. RN93-10,TRAFRCSIGNAL AND SAFETY UGHTING INSTALLATION, MARGARITA ROAD AND AVENIDA BARCA, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Soecifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. P~N93-10, TRAFRC SIGNAL AND S/U-~- I f UGHTING INSTALLATION, MARGARITA ROAD AND AVENIDA BARCA. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will (;0ntrol the general provisions, construction materials, and construction methods for this Contract except as amended by the General, Specifications, Special Provisions, and Technical Specifications for Project No. TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION, MARGARITA ROAD AND AVENIDA BARCA. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions. CONTRACT CA-1 r:%cip%projects~pw93o10%bidpkg~ ekg request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after completion of the work and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMOUNT $25,000-$75,000 $75,000-$500,000 Over $500,000 RETENTION PERIOD 180 days 180 days One Year RETENTION PERCENTAGE 3% $2,250 + 2% of amount in excess of $75,000 $10,750 + 1% of amount in excess of $500,000 LIQUIDATED DAMAGES: EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of Two Hundred Fifty Dollars ($250) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. CONTRACT CA-3 r:~cip~projects~4~w93-10~bidpkg~ $kg 10. 11. 12. 13. 14. 15. 16. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of tl~' State of California, the City Council has obtained the general prevailing rate of per die, wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTORshall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. TIME OF THE ESSENCE. Time is of the essence in this contract. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR'semployees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole activr negligence or sole willful misconduct of the CITY. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all releva information with respect thereto, to CITY, CONTRACT CA-4 r:%cip%projects%pw93-10%bidpkg% ekg 17. 18. 19. 20. 21. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Joseph Kicak, Interim Director of Public Works/City Engineer City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 CONTRACT CA-5 r:~cip~projects~pw93-10~dpkg\ skg IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the dat- - first above written. DATED: DATED: APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACTOR By: Print or type NAME Prim or type TITLE CITY OF TEMECULA By: Ron Roberts, Mayor CONTRACT CA-8 r:\cip~projecte~pw93-10~bidpkg~ 8kg ITEM 10 APPROVAL CITY ATFORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer December 13, 1994 Completion and Acceptance of the Liefer Road Bridge and Street improvements, Project No. PW93-02 PREPARED BY: ('J~'/Raymond A. Casey, Principal Engineer - Land Development /~Jim D. Faul, Assistant Engineer - Land Development RECOMMENDATION: That the City Council: Accept the Liefer Road Bridge and Street Improvements, Project No. PW93-02, as complete and direct the City Clerk to: a) File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and b) Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: In January of 1993, the City of Temecula received a significant amount of rainfall. The floods resulting from those events had an impact on a number of public and private facilities. In at least one instance, within the City limits, the residents of a neighborhood were cut off due to the floods. Liefer Road was severed at its intersection with Nicolas Road leaving homeowners stranded for a number of days. In response to concern for public health and safety, Staff met with FEMA and State O.E.S. representatives after the storms to discuss the potential for Federal and State funding for the design and construction of a "crossing" at that location. On November 9, 1993, the City Council awarded a contract for the Liefer Road Bridge and Street improvements, Project No. PW93-02,to K.E. Patterson Co., Inc. for $167,475.00. The project included the relocation of existing utilities, construction of a sixty-two foot (62') long r~agdrpt\94\1213\pw93~Y2.acc concrete bridge over the Santa Gertrudis Creek, construction of asphalt and concrete street improvements, construction of a concrete lined channel under the bridge, and grading of Santa Gertrudis Creek with the installation of rock slope protection. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention, minus the two percent (2%) warranty retention amount, for this project will be released thirty-five (35) days after the Notice of Completion has been recorded. The warranty retention for this project will be released 180 days after the Notice of Completion has been recorded. FISCAL IMPACT: On November 9, 1993,the City Council awarded a contract for the construction of Liefer Road Bridge and Street Improvements, to K.E. Patterson Company, LTD. for $167,475.00. Change Order Nos. 01 through 15 were approved in the total amount of $48,644.84 of which $11,206.98 should be reimbursed by RCWD. There was an additional claim filed by the contractor for $2,000 which is currently being negotiated by staff. The subsequent Change Order will be presented to the City Council at the January 10, 1995 City Council meeting. This project is up to 93.75% reimbursable by the Federal Emergency Management Agency (FEMA) and the State of California Office of Emergency Services per Damage Survey Report Number 97284. The remaining cost should be reimbursed to the City through a future assessment district for improvements to Liefer Road. Attachments: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit r~agdrpt\94\1213~pu~3-O2.acc RECORDING RFDUESTED BY AND RETURN TO: CITY CLF~,K CITY OF TEMECULA 43174 Business Park Drive Temecula, CA 92590 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 43174 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to K.E. Patterson Co., Ltd. to perform the fullowing work of improvement: Liefer Road Bridge and Street Improvements, Project No. PW93-02. 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on _I)eee_rnber 13, 1994. That upon said contract the American Bonding Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Liefer Road Bridge and Street Improvements, Project No. PW9~-02. 6. The street address of said property is: IINTIa~SECTION OF LIEFER ROAD AND NICOLAS ROAD, OVER THE SANTA GERTRUDIS C!~F.F-K, Dated at Temecula, California, this _ day of , 1994. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) as CITY OF TEMECULA ) JUNE S. GREEK, City Clerk I, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. r~aSdqn%94\1213'~w93-02..cc Signed and seeled this 7th day of JUNE ,19 94 (Seal) SURETY (Name) ATTORNEY IN FACT · (Title) APPROVED AS TO FORM: Scot1 F. Field, City Attorney Kl~,4ra'~ ('title) By: (Name) (Title) MAINTENANCE 80ND M-2 r:~ip~orojecte~w93,O2~pkg,1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of c~z~az~rr_A County of On 06/07/94 DATE personally appeared beforeme, NA~E, TITLE OF OFFICER - E.G., 'JANE IX)E, NOTARY PUB4.1C' NAME(S) OF SIGNER(S) [] personally known to me - OR - [] provcd to mc on thc bacic of caticfactory ovidonco to be the person(s-) whose name(e-) is/e-Fe- subscribed to the within instrument and ac- knowledged to me that he/ahc/thcy oxocutcd the same in hislhor/thoir authorized capacity(~cc), and that by hisAh-ef-,uJ:~e~ signature(s) on the instrument the person(~, or the entity upon behalf of which the person(e) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAL [] CORPORATE OFFICER MAINTENANCE BOND TITLE OR TYPE OF DOCUMENT frn_E(S) [] PARTNER(S) [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: THREE 06/07/94 NUMBER OF PAGES DATE OFDOCUMENT SIGNER IS REPRESENTING: PRINCIPAL SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Box 7184 · Canoga park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r~o s~7 County of ILTVI~,S]I~ On 0?/]_5/94 before me, .,.,,,~,~ 1. acid, ~ ~,,~r.l:C DATE NAME, TITLE OF OFFICER - E.G., ',JANE DOE, NOTARY PUBLIC' personally appeared la~t~r~-u s. e~e~sce NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(-e,) whose name(-s-) is/~-e subscribed to the within instrument and ac- knowledged to me that he/~ executed the same in his/hcr/tha~r authorized capacity(-!cs), and that by hisPne'cfth~r signature(e) on the instrument the persor~(-s), or the entity upon behalf of which the person(s-) acted, executed the instrument. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER TITLE(S) [] PARTNER(S) [] LIMITED [] GENERAL i~ ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF ATTACHED DOCUMENT i~.J:ISL~ B(3~ TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES o6/07/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYtiES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION * 8236 RemrneT Ave., P.O, Box 7184 · Canoga Park, CA 91309-7184 AMERICAN BONDING COMPANY GENERAL POWER OF ATTORNEY 9447364 Know all men by these Presents, That AMERICAN BONDING COMPANY has made, conshtuted and adpo~ntad, and by these presents does make, nanstatute and apDoint RANDY SPOHN of ANAHEIM, CALIFORNIA ~ts true and lawful attorney-in-fact. for ~t and mrts name, place, and Stead to execute on behalf of the Said Company, as surety, bonds, undertakings and contracts of suretyship to be g~ven to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authorriy shall exceed in amount the sum of TWO MILLION FIVE HUNDRED THOUSAND"'($2,500,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authorfly of the following Resolution adopled by the Board of Directors of the Company on the 151h day of November, 1991. "RESOLVED, that the Chairman of the BOard, the Vice Chairman of the BOard, the President, an Execullve Vice President or a Semor Vice President Or a Vice Presidenl of the Company, be, and that each or any of them is, aulhorlzed to execule Powers of Atlorney quahfylng the attorney*in*tact named In the given Power ol Attorney to execute in bahall of the Com;}any, ~onds, undertakings and all contracls of suretyship, and that an Asseslent V~CE President, a Secretary or an Asseslent Secrelary ~e, and thal each Or any of them hereby Is. authorized In attest the execution of any SUCh Power of Allorney, and Io attach Ihereto the seat of the ComOany FURTHER RESOLVED, that the signatures of SUCh officers and the Seal Of the Company may be affixed 1o any such Power of Attorney or to any certificale relating thereto by lacsimile, and any such POWer Ol Attorney or certificate ~earing such ticSimile signatures or tacslmde seal shall be valid and binding upon the Company when so affixed and in Ihe future with reiDact to any tx3nd, undertaking or contract of suretyship 1o which it is allached," In WYmeSS Whereof, AMERICAN BONDING COMPANY has cause0 ~ts official Seal to be hereunto affixed, and these presents to be s~," by one of ~ts V~ce Presidents and attested by one of its Assistant V~Ce Primdents this 1 lth Day of May, 1994. Atlest: ~ /~/~ ~) ~ AMERICAN BONDING COMPANY William R McKenzle, Assistant Vice President Edward J Edenheld FV, Vice President STATE OF ARIZONA COUNTY OF PIMA On this 11 t~ay of May ,19 94 , before me personally Came Edward J. Edenfield IV, to me Known, who being by me duly Sworn, d~d depose and say that he ~s a Vice President of AMERICAN BONDING COMPANY, the corberat~on described in and which executed the aiDova instrument; that he knows the seal of the said corporation; that the seal affixed to the sa~d instrument is such corporate Seal; that it was SO affixed by order of the Board of D~rectors of sa~d corporation and that he signed his name thereto by like order. OFFICIAL SEAL CHRISTIE TURLEY NOTARY PUBLIC My Commission F,pir!~ March lO, 1995 CERTIFICA | I: o CHRISTIE TURLEY My COmmission Exp4res March 10, 1995 I, the unders~gned, an ASSistant Secretary of AMERICAN BONDING COMPANY, an Arizona corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains ~n full force and has not been revoked; and furthermore that the Resolut:on of the Board of Directors, set forth ~n the sa~d Power of Attorney, ffi now in force. Signed and sealed at me crty of TucSOn, :n the State ef Arizona. Dated ttle 7 th dayof June ,19 94. Jul_v__9, 1994 __K_e.~B_e t_h___E__.F ~.t e r s on, President ITEM 11 TO: FROM: DATE: SUBJECT: APPROVAL~ CITY ATTORNEY ^ FINANCE OFFIC CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Interim Director of Public Works/City Engineer December 13, 1994 Contract Amendment No. 1 to the Professional Services Contracts for Soils Testing -Liefer Road Crossing (PW93-02) PREPARED BY: ~ Raymond A. Casey, Principal Engineer - Land Development ~,t,-jack L. Hodson, Senior Public Works Inspector RECOMMENDATION: That the City Council approve Contract Amendment No. 1 to the Professional Services Contract with Leighton and Associates to provide additional concrete and soils testing services for the Liefer Road Bridge and Street Improvements Project (PW93-02) in the amount of $4,964.62 BACKGROUND: This represents a "clean-up" item from the completed Liefer Road Bridge and Street Improvements project. The additional concrete and soils testing services are associated with the temporary relocation of the existing 12" water main, the overexcavation of unsuitable soils found under the bridge abutments and the preparation of a slope stability analysis and report. Also, additional concrete cylinder testing was necessary due to shortened cure times associated with placement procedures as required by contract standards, on the slopes adjacent to the bridge which were not included in the original scope of services. FISCAL IMPACT: The funding for this extra work is available in Capital Improvements Fund Number 210-166- 627-5802. The total cost of this element of the project is summarized below. A. Original Contract (approved 5-11-93) $10,968.00 B. Proposed Amendment No. I 4,964.62 Total = $15,932.62 This additional design cost is eligible for up to 93.75% reimbursement by the Federal Emergency Management Agency. Attachments: Contract Amendment No. 1 r:~agdrpt~94\0913~ow93-02n.cco PROJECT: TO CONTRACTOR: NOTE: This chanoe order is not effective until aDoroved by the EnQineer. CHANGE REQUESTED BY: Jack L. Hodson ADDITIONAL PROFESSIONAL GEOTECHNICAL DESIGN SERVICES CONTRACT AMENDMENT NO. 1 CONTRACT NO. PW93-02 LIEFER ROAD BRIDGE & STREET IMPROVEMENTS SHEET 1__ of 11 Leighton and Associates ITEM AMOUNT Additional Soils testing and related work due to extended over excavation associated with unsuitable material encountered while excavating for bridge abutments. Additional concrete testing due to change of pour sequence attributed to cure times required by standards. Additional slope stability analysis and report due to design change recommended by original stability report. Original Contract Amount ..................................... $10,968.00 Addendum No. I ............................................ $4,964.62 TOTAL CONTRACT AMOUNT .................................. $15,932.62 Approved: Principal Engr. By: Date: We the uneersigned contractor have given careful consideration to the change proposed and hereby agree. If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Date Accepted: Contractor: By: Title: (signature) (company's name) Name: (print) If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified. ITEM 12 APPROVAL ~ CITY ATI'ORNEY FINANCE OFFICE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Interim Director of Public Works/City Engineer December 13, 1994 Revised Vesting Tract Map No. 23103-1 (located south of La Serena Way and west of Butterfield Stage Road) PREPARED BY-' Raymond A. Casey, Principal Engineer - Land Development '~nnie Bostre-Le, Engineering Technician RECOMMENDATION: That the City Council approve the Revised Vesting Tract Map No. 23103-1 subject to the Conditions of Approval. BACKGROUND: Tentative Tract No. 23103 was approved by the Riverside County Board of Supervisors on November 8, 1988. Tentative Tract No. 23103 was granted a three (3) year extension of time by the City on October 23, 1990, pursuant to Section 66452.6 (a) and an additional two (2) year extension of time by the State pursuant to SB428. The Developer has met all the applicable Conditions of Approval. Final Vesting Tract No. 23103-1 contains one open space lot within 4.083 gross acres. The tract is located south of La Serena Way and west of Butterfield Stage Road. This tract is part of the Margarita Villages Specific Plan (County approved Specific Plan 199 Amendment No. 1) and County of Riverside Development Agreement No. 5. The applicant .is Bramelea of California, Inc. - 1 - r:~agd rpt~94\0712\23103-1 .egn The following fees have been deferred for Revised Vesting Tract Map No. 23103-1: Stephen's K-Rat Fee Flood Control Fee (ADP) Public Facilities Fee Signal Mitigation Fee Fire Mitigation Fee Due prior to Grading Permit Due prior to Grading Permit Due prior to Building Permit Due prior to Building Permit Due prior to Building Permit Pursuant to the Parkland dedication requirement (Quimby) for Tract No. 23103, the developer has paid $20,700in Quimby Fees. In addition, no slope or landscape areas are proposed for dedication to the Temecula Community Services Department (T.C.S.D.). As a Condition of Approval for the second extension of time for Vesting Tentative Map No. 23103, the Subdivider is required to deposit with the City an amount sufficient to cover the construction of that portion of Butterfield Stage Road between where the easterly property line intersects with the westerly right-of-way line and extends to intersect with the centerline of the street. This portion of Butterfield Stage Road shall be completed by the developer of Tract Map No. 23209,and said funds shall be reimbursed to the developer of Tract Map No. 23209 upon completion of the improvements. The refund for the reimbursement of the offsite improvements to Butterfield Stage Road as conditioned is to be disbursed by the City of Temecula through the Agreement entered into with the Developer of Vesting Tentative Tract Map No. 23103 (attached). FISCAL IMPACT: None ATTACHMENTS: 2. 3. 4. 5. Development Fee Checklist Location Map Copy of Sheet 2 of Tract Map No. 23103-1 Agreement for Deposit and Reimbursement of Funds for Street Improvements Fees and Securities Report -2- r:~agd rpt\94%0712%23103-1 ,agn CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Final Vestina Tract MaD No, 23103-1 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby Fees) Traffic Signal Mitigation Public Facility Fire Mitigation Flood Control (ADP) Library Fees School Fees Condition of Aooroval Condition No. 1 (a) Due Prior to Grading Permit Condition No. 6 (a) Condition No. 9 (b) Letter dated 7/22/88, Item 16 Condition No. 37 (a) Due Prior to Building Permit Condition No. 15 (b) Letter dated 9/20/88 Condition No. 14 (b) Letter dated 9/27/88 Condition No. 3 (a) Due Prior to Building Permit Condition No. 20 (b) (a) Condition of Al~proval, Second Extension of Time (dated May 26, 1992) (b) Condition of Approval, Amendment No. 1 (dated November 8, 1988) -3- r:\egd rpt\94\0712\23103-1 .agn CORONA lO RIVERS/DE PROJECT ~ ."'~ ROAD .' ~ SANT/AC, n~OA~, 79 "~ " H/GHWAY ~ TA TE TO SAN. D/EGO / WCINITY MAP NOT TO SCALE VICINITY MAP TRACT NO. 25105-1 ~ ~ // AGREEMENT FOR DEPOSIT AND REIMBURSEMENT OF FUNDS FOR STREET IMPROVEMENTS IMPROVEMENT AGREEMENT THIS IMPROVEMENT AGREEMENT ("Agreement") is made effective this ~h day of December. 1994 by and between Bramalea California, Inc., a California corporation CBCI") and the City of Temecula, a municipal corporation ("City"). RECITALS: A. BCI owns that certain real property located in the City of Temecula, County of Riverside, State of California which is more particularly depicted and described on Tentative Tract Map 23103 ('Tract 23103") on file with the City; B. As a condition of approval for recording the final map for Tract 23103, the City required that BCI deposit with the City funds sufficient to cover the costs and expenses of constructing that portion of Butterfield Stage Road located with Tract 23103, as more particularly depicted and described on Exhibit "A" attached hereto, (including, without limitation, the pavement, curb, gutters and all other road improvements related to such portion of Butterfield Stage Road as shown on the Improvement Plans for Butterfield Stage Road on file with the City) (collectively the "Road Improvements"); and C. The Road Improvements will likely be constructed by the owner of that certain real property located in the City of Temecula, County of Riverside, State of California generally depicted and described on Tentative Tract Map 23209 on file with the City (the "Adjacent Property") as a condition of development of the Adjacent Property. The Adjacent Property is generally depicted on Exhibit "B" attached hereto. The conditioning of the Adjacent Property to construct the Road Improvements will require compliance with legal procedures and public hearings accompanied by discretionary decisions. The City acknowledges that nothing contained in this Agreement shall be construed as a pre- commitment or requirement that the City Planning Commission or City Council condition any discretionary actions regarding the Adjacent Property on constructing the Road Improvements. NOW, THEREFORE, for and in consideration of the foregoing Recitals and the mutual covenants set forth herein, the parties hereby agree as follows: 1. Acknowledgement of Receipt of Funds. The City hereby acknowledges receipt from BCI of the sum of Thirty-Eight Thousand Sixty-Six Dollars ($38,066.00) as payment in full for all costs relating to the construction and installation of all of the Road Improvements (the "BCI Payment"). The parties acknowledge and agree that the BCI Payment was calculated using the following: (a) the construction items and quantities submitted by BCI and approved by the City; and (b) the "City of Temecula's Unit Costs" as established by the City. A copy of the "City of Temecula Engineering Department Construction Security Worksheet" is attached hereto as Exhibit "C". 2. Satisfaction of Condition of Approval. The parties understand and agree that receipt by the City of the BCI Payment satisfies the condition of approval for recording the final map for Tract 23103 that BCI deposit funds sufficient to pay the costs of constructing the Road Improvements. In accordance with said condition of approval, the City may use the BCI Payment as the City, in its sole discretion, determines necessary and appropriate for constructing the Road Improvements, (including, but not limited to, contributing the BCI Paymere to an assessment district or reimbursing the developer of the Adjacent Property). BCI hereby waives and releases any claim it may now or hereafter have for a refund of any portion of the BCI Payment in the event such Payment exceeds the actual costs of constructing the Road Improvements. The City agrees that the BCI Payment constitutes paymere in full by BCI and that BCI shall not have any further obligation whatsoever regarding the construction of the Road Improvements (including but not limited to, paying or contributing monies in excess of the BCI Payment, performing any work or providing any services). 3. General Provisions. (a) Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior negotiations, discussions and understandings between the parties. No amendment or modification hereof shall be binding or enforceable unless set forth in writing and executed by both parties hereto. (b) Enforcement. Each of the parties hereto may enforce by proceedings at law or in equity, the terms and provisions of this Agreement, including, without limitation, the right to prosecute a proceeding, at law or in equity, against the party who has violated, or is attempting to violate, any of said terms and/or provisions, to enjoin or prevent it from doing so, to cause said violation to be remedied and/or to recover damages for said violation. (c) Attorney's Fees. In the event a legal action is filed between the parties to enforce the terms and provisions hereof, to declare rights hereunder or to resolve any controversy, claim or dispute regarding the terms and provisions of this Agreement, the prevailing party shall be emitled to recover from the losing party its costs of suit, including reasonable attorneys' fees, as may be fixed by the court. (d) W~iver. The failure to enforce any term or provision of this Agreement shall not constitute a wavier of the right to enforce the same term of provisions, or any other term of provision, thereafter. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision herein (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. (e) Severability. If any clause, sentence or other portion of this Agreement shall be held by any court of competent jurisdiction to be unenforceable for any reason, the 2 remaining portions hereof shall remain in full force and effect. (0 Cooperation. Each party hereto agrees that it will promptly execute and deliver any and all documents and perform any acts reasonably necessary to effectuate the terms and provisions of this Agreement. (g) NOtice. Any notice required or permitted by this Agreement to be given by either party, shall be in writing and shall be personally served or shall be sent by certified or registered mail, postage prepaid to the address shown below until notice of a different address is given. Any notice given by certified or registered mail deposited with the U.S. Postal Service shall be deemed received two (2) business days after the date such mail is postmarked. "BCI" BRAMAI .EA CAI.IFORNIA, INC. 100 Bayview Circle, #2000 Newport Beach, CA 92660 Attention: Emile K. Haddad CITY OF TEMECULA Attention: (h) Binding Effect. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and grantees. IN WITNESS WHEREOF, the parties have made this Agreement effective as of the day and year first written above. B .~EA CALI[O: N1 & INC~ : ice ~ / By: '< Z r" f//~/// tS' , Senior V:l. ce/~' ~,sfdent (More Signatu~Follow) 3 CITY OF TEMECULA, a municipal corporation By: Ronald Roberts MAYOR Approved As To Form: Peter Thorson CityAttorney ATYEST: By: June S. Greek City Clerk 4 CITY OF Th'WIiECTJLA ENGINEERING DEPARTMENT CONSTRUCTION SECURITY WORK-~IKEET PARCgL MAP OR TRACT M. AP 2~10~-1&2 DATE !2-~-o~ IMPROVEMENTS ? FAITHIrdI. PERFORMANCE SECUR1TY (100%of Estimated Construction Costs) MATERIAL & LABOR SECUKITY (~0% of Ks~imated Consmletion Costs) S~reetsfDramage Flood Control $ 707,000 $ $ $ 353,500 Water Sewer Total Maintenance Retention (10%) $ 2q6.000 $ 6~,000 $ 1,027,000 $ $ 32,000 $ 513,500 DESIGN ENGINEERS OPINION OF CONSTRUCTION SECURITY The construction items and their quantities as shown on the attached wor~heet are accarate for the construction of the improvements required or implied to fulfill the Conditions of Approval for this '-, ;.,~4h4~' - exte~ions, using the Cit7 of Temecula's Unit Costs, are accupre for determining Bondpr°ject ~" ¢.,c~..: xca[ Si~amre Marwan A. Youhis Name typed or printed 12-5-9" Date NO. 43~1T Exp. 3-31-98 ~ a32!7 3-31-96 RCE # Expiration Date Civil Engineer's Stamp Flood Control Construction Cost Estimate to be provided by Hood Control District. Provide copy of F.C.D. letter stating cost estimate. PLEASE READ INSTRUCTIONS BELOW Quantities to be taken from improvement plans. Unit costs to :be as provided on "City of Temecula Improvements Requisement Worksheet". Show Bond Amounts to the nearest $500.00 (Rounded up). For construaion items not covered by "City of Temecula Improvement Requirement Worksheet", Des Engineer is to provide his opinion of construction cost and use that cost. If City of Temecula Unit Costs ar-~ determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Engineer should be used. CITY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET Sheet 3 af 4 PROJECT 23103 DATE July 15,1992 QUANTITY UNIT ITEM 1700 1 12 3 18 2 1 2552 2 3 15 L.F. L.F. EA EA EA EA EA ~A EA EA WATER ~MFROVEMENTS 8" Waterline 8" Ga~evalve Fire Hydrants I6") 1" Air Vac. & Release Service Connections 16" But'm~ly Valve 30"x8" Tee 30" Waterline 4" SyDass Assemh[y 4" AV & AR Concrete Thruat Blocks UNIT COST 15.00 800.00 3,000.00 600.00 250.00 3,000.00 700.00 50.00 3,000.00 1,000.00 100.00 AMOUNT 25,500.00 800.00 36,000.00 1,800.00 4.500.00 6.000,00 700,00 127,800.00 6,000.00 3,000.00 1,500,00 Sul3~otah 20% Contingency: Total: 213,~00.00 42.e80.00 256080.00 PROJECT CITY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET 23103 DATE July 15. 1992 Sheet 2 of 4 QUANTITY 1000 8144 4629 2725 3110 109 1223 30741 2420 ~20, 4 6000 .188 7 1 20 3 6 7 3~o 960 130 UNIT C.Y. C.Y. TON L.F. L.F. L.F, S.F. S.F. S.F. EA EA EA L.F. L.F. EA EA EA EA EA EA EA L.F. L.F. GAL C.Y. STREE'~ IMPROVEMENTS iTEM Roadway Excavation Base Material, Class II A.C. Pavement P.C.C. Curb and Gu~er {Type A-6) P.C.C. Curb sncl Gu~er (Type A-8} P.C.C. Curb and Only (Type D-8) P.C.C. Cross Gutter and Aprons P.C.C. Sidewalk P.C,C. Drive APOroach Street Lights F~emove Existing Barricades Utility Trench 18" R.C.P. Catch Basins Junction Structure Street Trees S/W Access Ramp Street Names/Sto~: Signs Adiust Manllole to Grade Adjust Water Valve I:o Grade Barricaae 48" R.C.P. 54" R.CP. Fog Sea~ RiD Rap UNIT COST 5.00 20.00 40.00 9.00 10,00 8.00 6.00 2.25 3,00 1,500.00 100.00 4.00 57.00 400.00 2,000.00 85.00 325.00 250.00 300.00 200,00 30.00 70.00 80.00 2.00 30.00 AMOUNT 5,000.00 102,880.00 185,160.00 24.525.00 31,100.00 872,00 7,338.00 69,167.25 7,260.00 30,000.00 400.00 24,000.00 9,576,00 2,800.00 2,000.00 1,700.00 ~'* O0 1,euu. O0 1,400.00 1,500.00 45,570.00 28,000.00 1,920.00 3,900.00 Sub{oral: 20% ContinOancv: Total: S 589,2e8.0C S 117 854 00 S 707 122 9C Sheet ~, of 4 PROJECT CITY OF TEMECULA ENGINEERING DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET 23102 3 DATE Jutv 15, 1992 QUANTITY 552 1498 6 18 2 UNIT LF. L.F. EA EA EA SEWER IMPROVEMENTS ITEM 4" V.C.P. 8" Sewer StandarcS Manl~oles Sewer "Y"s 8" Sewer an~ ReduncSan~ UNIT COST 10.00 15.00 4,000.00 25,00 500.00 AMOUNT 5,520.00 22.~70.00 24,000.00 ~E0.00 1,000.00 Sut:total: 20% Contingency: To~ak 53440.00 10.E88.0C 6~,128,00 ITEM 13 APPROVAL CITY A'FFORNEY FINANCE OFFI CITY MANAG CITY OF TEMECUULA AGENDA REPORT TO,' FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager December 13, 1994 Contract for Professional Services with C. M. Gilliss, Consultant RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the Professional Services Agreement with C. M. "Max" Gilliss to act as a liaison between the City and governmental agencies and special interest groups for a monthly fee of $3,000.00. Appropriate $3,000 in the City Manager's Department consulting line item from the General Fund - Fund Balance. DISCUSSION: On November 15, 1994, the City Council approved a contract with C. M. "Max" Gilliss to provide professional services to act as a liaison between the City and governmental agencies and special interest groups for a monthly fee of $3,000. The contract was effective on November 15, 1994. However, Mr. Gilliss had, in fact, completed work on behalf of the City during the months of September and October, 1994. On the advice of the City Attorney, the contract adopted on November 15, 1994, could not be amended to include the months of September and October without separate City Council approval. Therefore, the amended contract, dated September 1, 1994, is offered for your approval. In addition, Mr. Gilliss has agreed to the City Council's stipulation that he will work a minimum of 60 hours per month for the fixed fee of $3,000. FISCAL IMPACT: The total cost of this project is $30,000. One-half of this cost will be charged to the appropriate CIP Project and one-half to the City Manager's budget. This amendment requires an additional appropriation of $3,000 from the General Fund - Fund Balance to the City Manager's Budget account #001-110-999-5248. PROFESSIONAL SERVICES This Agreement was made and entered into this 1st day of September 1994, by and between the City of Temecula ("City"), a municipal corporation, and Max Gilliss. a Professional Engineering Consulting Fh'm ("Consultant"). The parties hereto mutually agree as follows: 1. Services. Consultant shah perform the tasks set forth. 2. Performance. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described heroin. 3. Payment. The City agrees to pay Consultant the amount of $3,000.00 per month for a minimum of 60 hours of monthly service. This amount will not exceed $30.000 for the total term of the Agreement unless additional payment is approved by the City Council; prOvided that the City Manager may approve additional payment not to exceed 10% of contract amount. Consultant will submit an invoice at the conclusion of actual services performed. Payment shall be made within thirty (30) days of receipt of invoice. 4. Amendments. This Agreement may be amended so long as such amendment is in writing and agreed upon by both the City Manager and Consultant. 5. Ownership Of Documents. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, mused or otherwise disposed of by the City without the permission of the Consultant. 6. Termination. The City may terminate this Agreement without cause so long as written notice of intent to terminate is given to Consultant at least three (3) days prior to the termination date. In the event of termination, Consultant shall be paid for the services performed. 7. Indemnification. The Consultant agrees to indemnify and save harmless the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant' s negligent acts or omissions under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 8. Status of Consultant. Consultant is an independent contractor in all respects in the performance of this Agreement and shall not be considered an employee of the City for any purpose. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hemunder for City. City shall not be liable for compensation or indemnification m Consultant for injury or sickness arising out of performing services hereunder. 9. Term. This Agreement shall commence on September 1. 1994, and shall remain and continue in effect until tasks described heroin are completed, but in no event later than June 30, 1995. 10. Subcontracts. The Consultant shall not enter into any subcontracts for services to be rendered toward the completion of the Consultant's portion of this Agreement without the consent of the City. At all times, Max Gilliss shall be primarily responsible for the performance of the tasks described herein. Upon termination of this Agreement, Consultant's sole compensation shall be for the value of service rendered to the City. 11. Default. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City. Failure by the Consultant to make progress in the performance of work hereunder, ff such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. Any disputes regarding performance, default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et seq. City and Consultant shall share the cost of the arbitration equally. 12. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: a. City: Attention: City Manager City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: Max Giiliss Max Gilliss, Consultant 25655 Corte Risa Murrieta, CA 92562 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 13. Entire Agreement. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 14. Liability. Except as provided in the Agreement, City shall not pay SalarieS, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant agrees to indemnify, release and hold harmless the City, its officers, agents, employees, and representatives for all claims or losses the City may suffer resulting from any negligent actions or omissions by Consultant. Consultant shsll secure workman's compensation insurance. Upon request of Consultant, the City shall add Consultant to the City's worker's compensation policy and the Consultant shall reimburse the City for the cost of said insurance premiums. 15. Licenses. Consultant warrants that it maintains all necessary licenses. written. The parties hereto have executed this Agreement on the date and year above CONSULTANT By: Title ATEEST: CITY OF TEMECULA By: Ronald H. Roberrs Mayor June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Altomey ITEM 14 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Mary Jane McLarney, Assistant City Manager December 13, 1994 Extension of Loan for Balloon and Wine Festival RECOMMENDATION: That the City Council approve a one year extension for repayment of the Temecula Valley Balloon and Wine Festival Loan. BACKGROUND: On November 19, 1992, the City Council approved repayment terms for a $25,000 loan to the Balloon and Wine Festival. The loan was to be repaid in ~5,000 installments over five years beginning in May 1993. The General Manager of the Balloon and Wine Festival has indicated that the 1993 Festival was not as profitable as expected and is requesting a one year extension for repayment of the loan. The 1994 payment was made in accordance with the loan terms. ITEM 15 ORDINANCE NO. 94-32 AN ORDINANCE OF ~ CITY COUNCIL OF ~ CITY OF TEMECULA, AMENDING THE OFFICIAL ZONING MAP OF ~ CITY FOR CHANGE OF ZONE APPLICATION NO. 26, CHANGING ~ ZONE FROM R-A-20 (RF~IDENTIAL AGRICULTURAL 20 ACRE MINIMUM PARCEL SIZE) TO C-O (COM]~ERCIAL OFFICE) R-5 OPEN SPACE ON PROPERTY LOCATED ON TFIE SOUTHWESTERLY CORNER OF RANCHO CALIFORNIA ROAD AND RIDGE PARK DRIVE AND KNOWN AS ASSESSOR'S PARCEl. NUMBER 914480-005 THE CITY COUNCIL OF ~ CITY OF TE1VIF_,CULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The zoning district as shown on the attached exhibit is hereby approved and ratified as part of the Official Zoning Map for the City of Temecula as adopted by the City and as may be amended hereafter from rime to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is mended by placing in effect the zone or zones as described in Change of Zone No. 26 and in the above rifle, and as shown on zoning map attached hereto and incorporated herein. Section 2. Notice of Adopfon. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shah publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 4. PASSED, APPROVED, AND ADOPTED this 13th day of December, 1994. Ron Roberts, Mayor ATTEST: June S. Greek, City Clerk [SEAL] 2 STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 94-32 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 29th day of November, 1994, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 13th day of December, by the following roll call vote: CO~CILMEMBERS: NOES: CO~C]LMEMBERS: ABSENT: CO~CILMEN[BERS: Iune S. Greek, City Clerk APPROV]~'~ AS TO FORM: Peter Thorson City Attorney ITEM 16 ORDINANCE NO. 94-33 AN ORDINANCE OF ~ CITY COUNCIL OF ~ CITY OF TEMECULA ESTABLt~HNG AND AMENDING TIME LIMITS IN ~ COUNTY OF RIVERSIDE I~EDEV~IJ3PMENT PLAN 1-1988 VHIEREAS, on July 12, 1988, the County of Riverside, prior to the incorporation of the City of Temecula, duly adopted Ordinance No. 658 enacting a Redevelopment Plan, known as the *County of Riverside Redevelopment Plan 1-1988, (hereinafter referred to as the 'Temeada Plan'); WHEREAS, subsequent to the enactment of the Temecula Plan, the City of Temecula was incorporated on December 1, 1989; WHEREAS, all the territory to which the Temecuh Plan applies (hereinafter referred to as the 'Project Area') is now within the corporate boundaries of the City of Temecula; WIIEREAS, pursuant to City Ordinance 91-11, which became effective May 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, the City approved the Temecula Plan. Said Ordinances had the effect of adopting the Temecula Phn and transferring jurisdiction over the Temecula Plan to the Redevelopment Agency of the City of Temecula, as of July 1, 1991. Pursuant to Ordinance No. 93-04 and 94-03, Ordinance No. 91-11 was codifiad at Section 8.04.010 of the Temecula Municipal Code; WHEREAS, the purpose of this Ordinance is to amend the Temecula Plan to incorporate certain time limits mandated by Assembly Bill 1290 (Chapter 942 of 1993.) Assembly Bill 1290 CAB 1290') amends Section 33333.6 of the Health and Safety Code to require tht a redevelopment plan which either lacks the required time limits or which contains time limits in excess of the maximums established by AB 1290 must be amended by ordinance on or before December 31, 1994, to bring the plan into conformity with these requirements. This Ordinance is enacted as mandated by and in accordance with Section 33333.6; WHEREAS, Section 33333.6 establishes certain limitations on the incurring and repaying of indebtedness and the duration of redevelopment plans, which limitations apply to every redevelopment plan adopted on or before December 31, 1993; WlrgIEAS, Section 33333.6(a) mandates that the time period for establishing debt be limited to twenty years from the adoption of the plan or the year 2004, which ever is later. Because the Temecula Plan presently permits debt to be incurred for up to forty years, it must be amended to require that all debt be established prior to July 12, 2008, which is twenty years after the adoption of the Temecula Plan; On:ls~94-33 I VaIEREAS, Section 33333.6(b) provides that the effectiveness of every redevelopment plan shall terminate forty years after its adoption or January 1, 2009, whichever is later. After that time, the redevelopment agency shah have no authority to act pursuant to the plan except to pay previously incun'ed indebtedness and to enforce existing covenants, contracts and other obligations. Although the Temecula Plan has a forty year term, it does not expressly state that the Agency shall have no authority to act after the forty years, and consequently, and amendment is necessary to incorporate this limitation; WIIEREAS, Section 33333.6(c) mandates that subject m certain exceptions, and agency shall not pay indebtedness or receive property taxes ten years after the termination of the effectiveness of the plan. The Temecula Plan has no such limitation, and consequently must be amended to reflect this requirement; WtlEREAS, the incorporation into the Temecula Plan of the time limits set forth in Section 33333.6 of the Health and Safety Code is mandated by law and is therefore not a discretionary act of the City. Accordingly, this section does not constitute a project within the meaning of the California Environmental Quality Act (Public Resources Code Section 2100 et. ~.) and is not subject to environmental review; and WtlEREAS, pursuant to the judgment entered into the case entitled Robert Dawes. Save Historical Temecula v. Redevelopment Agency of the County of Riverside. ct. al. Riverside County Superior Court Case No. 194468 lVIF, consolidated with Case No. 194948, various additional limitations are placed on the Temecula Plan, including that, subject to certain exceptions, no more than $60,000,000 of tax increment revenues shall be allotted or paid to the Agency during the term of the Plan. NOW THEREFORE, the City Council of the City of Temecula does hereby ordain as foliows: Section 1. Section 540 of the Plan is mended to read as follows: "FINANCI]q'G LIMITATIONS. Consistent with Sections 33333.2 and 33334.1 of the California Community Redevelopment Law, the following financing limitations are imposed on this Plan: Taxes, as defined in Section 33670 of the Redevelopment Law shall not be divid_~ and shall not be allocated to the Agency in excess of One Billion One Hundred Ten Million Dollars ($1,110,000,000) except by amendment of this Plan. This limitation is subject to the limits on the incurrance of debt, ff any, imposed by the Final Judgment in the case enti~ed Robert Dawes. Save Historical Temecula v. Redevelopment Agency of the Count~ of Riverside. et. aJ. Riverside County Superior Court Case No. 194468 IVlF, consolidated with Case No. 194948. Order94-33 2 No loans, advances, or indebtedness to finance, in whole or in part, the Project, and to be repaid from the allocation of those taxes described in the before-mentioned Section 33670, shall be established or incurred by the Agency beyond July 12, 2008, which dam is twenty (20) years from the date of adoption of this Plan. However, such loans, advances, or indebtedness may be repaid over a period of lime longer than such time limit. From time to time as may be appropriate, the Agency may issue bonds and/or notes for any of its corporate purposes. The Agency may issue such types of bonds on which the princitml and interest are payable in whole or in part from the tax increments. The total outstanding principal of any bonds so issued and x=~,ayable from said tax increments shall not exceed Three Hundred Forty Million Dollars ($340,000,000) at any one time, except by amendment of this Plan. Tax increment revenues generated in each of the noncontiguous portions of the Project area shall be accounted for sepantely and shall be used to benefit the respective communities in which such revenues were generated.* S~ion2. Section 610 of the Plan is amended to read as follows: 'DURATION OF PLAN ACTIVITIES Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the effectiveness of this Plan shall terminate July 12, 2028, which date is forty (40) years from the date of adoption of this Plan. After July 12, 2028, the Agency shall have no authority to act pursuant to the Plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts and other obligations. The Agency shall not pay indebtedness or receive property taxes pursuant to Health and Safety Code Section 33670 after July 12, 2038, except as otherwise specifically permitted under Health and Safety Code Section 33333.6" Section 3. This Ordinance shall be effective thirty days after its adoption. The City Clerk is directed to publish and post this Ordinance as is required by law. C)fils\94-33 3 PASSED, APPROVED AND ADOPTED this 13th day of December, 1994. ATrEST: Ron Robert~, Mayor June S. Greek, City Clerk [SEAL] Otds\94-33 4 STATE OF CALIFORNIA) COUNTY OF RIVERSDE)ss CITY OF TEMECULA) I, June 5. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 94-33 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 29th day of November, 1994, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 13th day of December, 1994, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: CO~CILMEMBERS: CO~CILMEMBERS: CO~CIMEMB~S: CO~CIMEMB~S: tune S. Greek, City Clerk 0~\94-33 5 ITEM 17 FROM: DATE: SUBJECT: City Council City Manager December 13, 1994 Election of Mayor APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: The Mayor will entertain motions from the City Councilmembers to select the Mayor to preside until the end of calendar year 1995. BACKGROUND: The City Council selects a member to serve as Mayor annually. This office is assumed at the first meeting of the City Council in January and the newly elected Mayor presides through the calendar year of 1995. ITEM 18 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager December 13, 1994 Election of Mayor Pro Tempore PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: The Mayor will entertain motions from the City Councilmembers to select the Mayor Pro Tempore who will assume the duties of the Mayor in the Mayor's absence and will hold this office until the end of calendar year 1995. BACKGROUND: The City Council selects a memberto serve as Mayor Pro Tempore annually. This office is assumed at the first meeting of the City Council in January and the newly elected Mayor Pro Tempore presides through the calendar year of 1995. ITEM 19 APPR~ CITY ATTORNEY FINANCE OFFIC CITY MANAGE TO,' FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Planning Director December 13, 1994 Memorandum of Understanding Concerning Specific Plan #199, Cosrain Homes RECOMMENDATION: That the City Council approve the Memorandum of Understanding concerning Specific Plan No. 199 for Cosrain Homes, authorizing the payment of development fees at a specified level and directing the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. BACKGROUND: The attached Memorandum of Understanding will authorize Costain Homes to pull building permits and occupancy permits for homes in their development, without payment of the Public Facilities Fees until such time as the first production home obtains its Certificate of Occupancy. This provision is consistent with previous approvals granted to similar projects in the City. The City is currently negotiating a new Development Agreement between the City and Cosrain for this project. Approval of this Agreement will not mandate that the City Council approve the draft Development Agreement. In the event the City Council denies the draft Development Agreement, the Memorandum of Understanding provides that Cosrain will then pay the Public Facilities Fees as provided in the existing Development Agreement No. 5. This Memorandum of Understanding will allow the development of homes in the Costain project to move forward in an expeditious fashion. Costain is agreeing to pay an Interim Public Facility Fee in the amount of $3,200.00 per unit. As construction and substantial work on the homes has already begun, there should be relatively little delay in the City's receipt of the Interim Public Facilities Fee. The indemnity provisions of this Memorandum of Understanding are slightly different than the executed Memorandum of Understanding between the City and Coscan for the Roripaugh project. However, the existing development agreement (Riverside County Development Agreement No. 5) contains very broad indemnity language sufficient to protect the City's interests. This Memorandum of Understanding contains adequate language protecting the City against any challenges to the fee issue. The Planning Commission and City Council will be presented in the near future with the draft Development Agreement. The terms of the draft Development Agreement will be subject to extensive negotiations between the City and the developer. FISCAL IMPACT: Slight delay in initial receipt of Interim Public Facilities Fees as they are delayed until the first Certificate of Occupancy for the production units, but would be paid in the event the City Council denies the draft Development Agreement within thirty days of the City's demand. ATTACHMENTS: Memorandum of Understanding. MI~MORANDUM OF UNDERSTANDING CONCERNING PLANNING AREA NO. OF SPECIFIC PLAN NO. 199 THIS MF~MORANDUM OF UNDERSTANDING, (the "Memorandum") is made and entered into as of , 1994 by and between the City of Temecula (the "City") and Costsin Homes, Inc., a Delaware corporation ("Owner"). RECITALS A. The City Council of the City of Temecula is reviewing and considering, as provided by law, an Amendment and Restatement of Development Agreement between City and Owner, (the "Draft Agreement"). B. Owner is developing a residential project in what is known as Planning Area No. of Specific Plan No. 199, Tract No. 22916 and 22916-3 (the 'Project"). The Project is corren~y subject to Development Agreement No. 5 between the County of Riverside (the "County") and Kaiser Development Company, a California corporation; Mesa Homes, a California corporation; Margarita Village Development Company, a California joint venture comprised of Buie-Rancho California, Ltd., a California limited partnership and Nevada-Rancho California, Ltd., a California limited partnership; and Tayco, a California general partnership comprised of Taylor Woodrow Homes, Inc., a Delaware corporation, and others (the "Development Agreement No. 5"), which requires Owner to pay certain development fees (the "Development Fee"). C. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities and services impact fees for residential development with City ("RSA Fees"). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Project in order to complete capital projects to mitigate the impact of the development. D. As the result of meetings between representatives of the City and representatives of the Owner, the City has agreed that the Project would be eligible for a Development Fee reduction due to: (i) the excessive level at which the County originally calculated the Development Fee; (ii) the high level of assessment district tax existing on the Project; and (iii) the entry level nature of the homes to be built in the Project. E. The Development Agreement No. 5 provided for public facilities and services impact fees ("County Impact Fees") higher than the RSA Fees. These higher fees, particularly during the present recession, unduly discourage and delay development and thereby prevent City from ever receiving the RSA Fees. Consequen~y, the City desires to reduce the County Impact Fees for residential development in the Project to a level comparable to the RSA Fees. r:h,, .xpt\costain.mo~ F. The Draft Agreement provides for Owner to pay the sum of Three- Thousand, Two-Hundred Dollars ($3,200.00) for each residential unit as the Interim Public Facilities Fee. The Draft Agreement provides for the collection of any Interim Public Facilities Fee to be deferred until such time as Owner obtained a certificate of occupancy for the first production home built in the Project. G. Owner contemplates commencing construction of the homes for the Project (68 units) prior to acceptance by the City Council of City of the Draft Agreement. H. City desires, as an accommodation to Owner, to permit Owner to pay the Interim Public Facilities Fee contemplated in the Draft Agreement for all the homes in the Project, despite the fact that the Draft Agreement providing for payment of the Interim Public Facilities Fee has not yet been approved by City. NOW TltEREFORE, in consideration of the mutual covenants hereinafter contained, City and Owner agree as follows: 1. In lieu of any fee required by Development Agreement No. 5, RSA Fee or City Public Facilities Fee, Owner shall pay an Interim Public Facilities Fee in the amount of Three-Thousand, Two-Hundred Dollars ($3,200.00) per dwelling unit. If City fails to approve or adopt the Draft Agreement or ff the Interim Public Facilities Fee, as established by City, is some number other than Three-Thousand, Two-Hundred Dollars ($3,200.00) per dwelling unit, then the fee paid by Owner to City shall be adjusted accordingly. Owner shall pay any increase or City shall pay to Owner any decrease within thirty (30) days from the effective date of City Couneil's action on the Amendment and Restatement of Development Agreement. 2. The Interim Public Facilities Fee for all units shall be deferred until such time as a certificate of occupancy has been obtained for the first production home built in the Project. Thereafter, the Interim Public Facilities Fee shall be paid at the time of issuance of building permits for each residential unit constructed in the Project. 3. Indemnity and Cost of Litigation. 3.1 County Litigation Concerning Agreement. In the event the County seeks to challenge the right of City and Owner to enter into this Memorandum, and institutes an action, suit or proceeding to challenge this Memorandum or invalidate and/or enjoin the enforcement of this Memorandum, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents, and employees, from and against any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such action(s) brought by County, (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys, fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner' s legal authority to enter into this Memorandum. Owner's defense costs herein shall be its pro rata r:Xag~nda.tpt\~osmin.mou share among all impacted landowners based on a ratio of contribution of total units owned by Owner which are subject to this Memorandum compared to the total number of units within the City in which the City has lowered the County fees. Damages (including the difference in the mount of any Interim Public Facilities Fee and the mount of the County Development Agreement Fee paid by Owner to City pursuant to the tens of this Memorandum) shall be the responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees and/or County Development Agreement Fees to City of which it is adjudicated are lawfully the funds of County, City shall pay such sums to County and Owner shall have such liability for the payment of the difference between such fees reduced by the amount paid by the City. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws after the trial and there is an appeal, the remaining party shall pay all the costs and fees associated with said appeal. 3.2 Public Facilities Fees Shortfill. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this Memorandum and a trial court determines that Owner and/or the City is liable to make up any shortfall between the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been imposed pursuant to Development Agreement No. 5, then Owner shall be responsible for paying any such shortfall subject to City's payment to County of any amounts collected and held by City under the terms of Development Agreement No. 5. Such payment by City to County shall reduce Owner's liability to County for payment of such fees by a like mount paid by City. 3.3 County Prevails in Litigation - Severability. In the event the County prevails at the trial court level against the City or the Owner as described in Section 3.1 of this Memorandum, the mount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shall revert to the mount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County (or such lesser mount as determined by the Court). In the event this Memorandum is held to be invalid or unenforceable by a trial court of competent jurisdiction, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5 (or such lesser mount as determined by the Court). All other provisions of this Memorandum or any subsequent agreements relating to the Project shall remain valid and enforceable notwithstanding said ruling of invalidity. 3.4 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Memorandum or the approval of any permit granted pursuant to this Memorandum brought by a third party other than the County. City shall promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, or proceeding or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. 3.5 Termination of Memorandum of Understanding. If the Draft Agreement is approved by the City Council, this Memorandum shall terminate upon the effective date of the Draft Agreement. If the Draft Agreement is disapproved by the City Council, then the obligations of Owner under this Memorandum shall terminate and Owner thereafter shall be subject to the terms of Development Agreement No. 5. IN WITNESS WtlEREOF, the parties executed this Memorandum as of this day of , 1994. CITY OF TEMECULA ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: By: Ron Roberts, Mayor PROPERTY OWNER COSTAIN HOIVIES, INC., a Delaware corporation By: , its Peter M. Thorson, City Attorney By: , its r:~g~nda.tpficosutin.mou -4- MEMORANDUM OF UNDERSTANDING CONCERNING PLANNING AREA NO. OF SPECIFIC PLAN NO. 199 THIS MEMORANDUM OF UNDERSTANDING, (the "Memorandum") is made and entered into as of , 1994 by and between the City of Temecula (the "City") and Cc,"-^^,,~ Costain Homes Callfomla, Inc., a Callfc, rr.i--- Delaware corporation dba Co,3ctm Davidson ttomcsCOwner"). A. The City Council of the City of Temecula is reviewing and considering, as provided by law, an Amendment and Restatement of Development Agreement between City and Owner, (the "Draft Agreement"). B. Owner is develop'rag a residential project in what is known as Planning Area No. of Specific Plan No. 199, Tract No. 27916 2291~ and 22916-3 (the "Project"). The Project is currently subject to Development Agreement No. 5 between the County of Riverside (the "County") and Kaiser Development Comnanv. a California cornoration: Mesa Homes. a California cornoration: Maraarita Village Develonment Comnanv. a California ioint venture comnrised of Buie-Rancho California. Ltd.. a California limited nartnershin and Nevada-Rancho California. Ltd.. a California limited nartnershin: and Tavco. a California Reneral oartnershin comnrised of Taylor Woodrow Homes. Inc.. a Delaware cornoration. and others (the "Development Agreement lqo. 5"), which requires Owner to pay certain development fees (the "Development Fee"). C. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities and services impact fees for residential development with City ("RSA Fees"). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Project in order to complete capital projects to mitigate the impact of the development. D. As the result of meetings between representatives of the City and representatives of the Owner, the City has agreed that the Project would be eligible for a Development Fee reduction due to: (i) the excessive level at which the County originally calculated the Development Fee; (ii) the high level of assessment district tax existing on the Project; and (iii) the entry level nature of the homes to be built in the Project. E. The Development Agreement No. 5 provided for public facilities and services impact fees ("County Impact Fees") higher than the RSA Fees. These higher fees, particularly during the present recession, unduly discourage and delay development and thereby prevent City from ever receiving the RSA Fees. Consequently, the City desires to reduce the County Impact Fees for residential developmen*, in the Project to a level comparable to the RSA Fees. F. The Draft Agreement provides for Owner to pay the sum of Three- Thousand, Two-Hundred Dollars ($3,200.00) for each residential unit as the Interim Public Facilities Fee. The Draft Agreement provides for the collection of any Interim Public Facilities Fee to be deferred until such time as Owner obtained a certificate of occupancy for the first production home built in the Project. G. Owner contemplates commencing construction of the homes for the Project (68 units) prior to acceptance by the City Council of City of the Draft Agreement. H. City desires, as an accommodation to Owner, to permit Owner to pay the Interim Public Facilities Fee contemplated in the Draft Agreement for all the homes in the Project, despite the fact that the Draft Agreement providing for payment of the Interim Public Facilities Fee has not yet been approved by City. NOW THEREFORE, in consideration of the mutual covenants hereinafter contained, City and Owner agree as follows: 1. In lieu of any fee required by Development Agreement No. 5, RSA Fee or City Public Facilities Fee, Owner shall pay an Interim Public Facilities Fee in the amount of Three-Thousand, Two-Hundred Dollars ($3,200.00) per dwelling unit. If City fails to approve or adopt the Draft Agreement or if the Interim Public Facilities Fee, as established by City, is some number other than Three-Thousand, Two-Hundred Dollars ($3,200.00) per dwelling unit, then the fee paid by Owner to City shall be adjusted accordingly. Owner shall pay any increase or City shall pay to Owner any decrease within thirty (30) days from the effective date of City Council's action on the Amendment and Restatement of Development Agreement. 2. The Interim Public Facilities Fee for all units shall be deferred until such time as a certificate of occupancy has been obtained for the first production home built in the Project. Thereafter, the Interim Public Facilities Fee shall be paid at the time of issuance of building permits for each residential unit consU'ucted in the Project. 3. Indemnity and Cost of Litigation. 3.1 Hold Ilarmlca3. O~vncrs agrees to and shall hold City. its officers. agents. employees and representatives harmlcs~ from liability for damage or claims for damage for personal injury including death and claims for prepcrty damage which may arise from the direct or indirect operations of the Owner or those of its contractor. subcontractor. agent. cmplo>,cc or other person acting on its behalf which relate to the Project. Own~ agrees to and shall indemnify. defend. and hold harmless the City and its officers. agents. employees and representatives from actions for damagcs caused or allcged to have been suffered by reason of the operations referred to in this paragm, ph. regardless of whether or not the City prepared. supplied. or approved plans or 3J~ci~ca~ons for the Project. 3.2 County Litigation Concernin. g Agreement. In the event the County seeks to challenge the right of City and Owner to enter into this Memorandum, or enter into any subsequent agreements relating to the Project including but not limited to the termination of Development Agreement I~Io. 5, and institutes an action, suit or proceeding to challenge this Memorandum or any subsequent agreements or invalidate and/or enjoin the enforcement of this Memorandum or an), subsequent agreements relating to the Project or the amendment of Development Agreement I~Io. 5 or take such other action(s) which result in unreasonable delay in the development of the Property, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, agents, and employees, from and against any and all such obligations, liability, suit, claim, loss, judgment or lien, resulting from such action(s) brought by County, (but excluding actions to expunge any lis pendens) and to share the costs associated with attorneys, fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Memorandum or any subsequent agreements relating to the Project and/or terminate Development Agreement No. 5. Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a ratio of contribution of total units owned by Owner which are subject to this Memorandum or any subsequent agreements relating to the Project compared to the total number of units within the City in which the City has lowered the County fees. Damages (including the difference in the amount of any Interim Public Facilities Fee and the amount of the County Development Agreement Fee paid by Owner to City pursuant to the terms of this Memorandum or any subsequent agreements relating to the Project1 shall be the responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees and/or County Development Agreement Fees to City of which it is adjudicated are lawfully the funds of County, City shall pay such sums to County and Owner shall have such liability for the payment of the difference between such fees reduced by the amount paid by the City. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as heroin provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws after the trial and there is an appeal, the remaining party shall pay all the costs and fees associated with said appeal. ~ 3.2 Public Facilities Fees Shortfall. In the event the County prevails in any legal action or other proceeding to challenge, set aside, or enjoin the enforcement of this Memorandum or any subsequent agreements relating to the Project and a trial court determines that Owner and/or the City is liable to make up any shortfall between the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, and the County Development Agreement Fee which would otherwise have been imposed pursuant to Development Agreement No. 5, then Owner shall be responsible for paying any such shortfall subject to City's payment to County of any amounts collected and held by City under the tens of Development Agreement No. 5. Such payment by City r.'~.~ to County shall reduce Owner's liability to County for payment of such fees by a like mount paid by City. ~:4 3.3 County Prevails in Litigation - Severability. In the event the County prevails at the trial court level against the City or the Owner as described in Section ~r~ 3.1 of this Memorandum, the amount of the Interim Public Facilities Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County (or such lesser mount as determined bv the CourO. In the event this Memorandum or any subaequcnt agrenmcots relating to the Project is held to be invalid or unenforceable by a ~ial court of competent jurisdiction:, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 5 (or such lesser amount as determined bv the Court}. All other provisions of this Memorandum or any subsequent agreements relating to the Project shall remain valid and enforceable notwithstanding said ruling of invalidity. 3.5 3.4 Third Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Memorandum or any subsequent agreements relating to the Project or the approval of any permit granted pursuant to this Memorandum or any subsequent agreements relating to the Project brought by a third party other than the County. City shall promptly notify Owner of any such claim, action, or proceeding, and City shall cooperate in the defense. If City falls to promptly notify Owner of any such claim, action, or proceeding or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such claim, action, or proceeding. ~ 3.5 Termination of Memorandum of Understanding. If the Draft Agreement is approved by the City Council, this Memorandum shall terminate upon the effective date of the Draft Agreement. If the Draft Agreement is disapproved by the City Council, then the obligations of Owner under this Memorandum shall terminate and Owner thereafter shall be subject to the terms of Development Agreement No. 5. IN WITNESS WHEREOF, the parties executed this Memorandum as of this day of ,1994. CITY OF TEMECULA By: Ron Robens, Mayor A'ffP_~T: PROPERTY OWNER June S. Greek, City Clerk ,~,~e~, ~T COSTAIN HOMES CALIFORNIA, INC., a C-~,Efcr,,,ia Delaware corporation APPROVEDAS TO FORM: By: Peter M. Thorson, City Attorney By: , its ITEM 20 APPROVAL Ry/,~ CITY ATTORNEY FINANCE OFFIC CITY MANAGE CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager December 13, 1994 City Legislative Delegate RECOMMENDATION: That the City Council designate either the Mayor or one City Council member to serve as the City's Legislative Delegate. BACKGROUND: The League of California Cities Board of Directors has voted to establish a City Legislative Delegate Program to help strengthen the grassroots effort of the League on such critical legislative issues as the state budget deliberations. When this program is established, each City will have a designated member of the City Council assigned as the City's primary contact/liaison with Senate and Assembly legislators in this area. The goals of this program are as follows: 1. Establish a stronger personal contact with legislators. 2. Establish regular communication on issues important to the City. 3. Provides for a regular proactive forum. 4. To establish a goal of one contact per month from the City delegate to each legislator. 5. To allow for greater communication between the delegate and the rest of the City Council on important legislative issues. 6. This program allows for direct access to legislators which will allow for protection and promotion of City services. This program is under the guidance of the Mayors and Council Members' Department of the League. FISCAL IMPACT: There is no direct fiscal Impact for the City Council to designate a City Legislative Delegate. Imal Ca/~:~mla ~it~es Work Together )League of California Cities 1400KSTRI=b:I · SACRAMEN'R3, CA95814 · (916)444-5790 !!!IMPORTANT NOTICE/REQUEST!!! League of California Cities City Legislative Delegate ProFarn REFURN TO I.F-4GUE OFFICE .AXAPI BACKGROUND: This year, the League Board of Directors has voted to establish a City_ Legislative Delegate Program to help strengthen the grassroots effort of the League on such critical legislative issues as the state budget deliberations. When established, each city will have a designated member of the city council assigned as the city's primary contact/liaison with the legislator(s) in your area - both Senate and Assembly. TO DO - SHORT TERM: To assemble this statewide list of "City Legislative Delegates" we ask each city to do the following: 1. Name Delegate and Legislator. On the attached form, name the Mayor and/or Council Member from your city who will act as the city legislative delegate and name the Legislator to whom the city delegate will be assigned. While each city will have a procedure in place to choose a delegate, it may provide a higher profile for the program ff it is formally agendized for a city council meeting. 2. Legislator Introductions. Between now and the end of the year, hopefully as soon as possible, have the city delegate introduce himserf or heneft to the legislator(s) of the area. This is especially critical if a new legislator has been elected. However, reintroduce yourself to an incumbent who has returned to office - it never hurts to maintain old contacts with your Legislator. A roster of the new Legislature has been compiled for your use in making the introduction. Four Assembly seats are still in dispute at the time of this mailing. Telephone and office numbers for both the Assembly and Senate will remain unavailable until February, 1995. The general telephone number for the Assembly is 916/445-3614. The general phone number for the Senate is 916/445-4251. 3. January 18. 1995 Invitation. Invite your Legislator to the Wednesday, January 18, 1995 reception to be held by the League for League membership and members of the Legislature. This reception will take place between 5:30 and 7:30 pm in Sacramento at the Hyatt Regency Hotel in downtown Sacramento. It will be held as a pan of the League's Mayors and Council Members' Institute, but we are encouraging all mayors and city council members to attend, not just those newly elected to office. PROGRAM GOALS: What does the League expect to accomplish with this program? The goals are as follows: 1. Personal Contact. Establish a stronger personal contact with legislators from your area because this is a critical link when delivering the League's message on key legislative issues. 2. Regular Communication. This program will help establish rtglalax communication on city issues which is tremendously important to be successful in the legislative process. The League intends to use this network of city officials to distribute information, promote city interests and articulate city positions with members of the Legislature. 3. Proactive Forum. It is extremely important to take the initiative to deliver the city message on key issues. This program will help provide the initiative. 4, One Tn~k Per Month. In order to maintain the integrity of the program, we are Eking that each city establish the goal of making at least one contact per month during the 1995 legislative session with their Legislator. This may seem to be a significant demand, however, we expect that issues and opportunities for contacts will become easier as cities work within the program. 5, Promote Communication with City Officials. The program is also intended to accomplish greater communication between the delegate from the city and the rest of the city council on important legislative issues. 6. Reward for Citizens. Perhaps the greatest reward in the program will be the protectic and promotion of city services with the citizens in your community. It can also help stimulate greater community-wide support for city programs. FOLLOW-UP: This project is under the guidance of the Mayors and Council Members' Department of the League. It is the intent of the Department to schedule a briefing/debriefing of the city delegates at the Mayors and Council Members' Executive Forum in Monterey in July. The meeting will be used to share successes, updates on the program and to receive reports on the latest from Sacramento in what we expect to be a very difficult year. Also, the Department intends to provide awards and recognition for the cities with the most active and innovative programs at the Monterey Executive Forum in July of 1995. We encourage city officials to develop and use the program in any manner that promotes the interest of cities on important legislative issues. Thank you for your interest. We look forward to working dose with you in 1995. It is expected to be a difficult year. This effort will be an important link in delivering the message of cities in the 1995 legislative session. The League wants and needs your eager participation. Alquist, A. (D) Ayala, R. (D) Bergeson, M. (R) Beverly, R. (R) Boatwright, D. (D) Calderon, C. (D) Campbell, Tom (R) Costa, J. (D) Craven, W. (R) Dills, R. (D) Greene, L. (D) Hayden, T. (D) Haynes, R. (R) Hughes, T. (D) Hurtt, R. (R) Johannessen, M. (R) Johnston, Pat (D) Kelley, D. (R) Killea, L. (1) Kopp, Q. (I) Leonard, B. (R) Leslie, T. (R) Lewis, J. (R) Lockyet, B. Maddy, K. (R) Marks, M. (D) Mello, H. (D) Monteith, D. (R) Mountjoy, R. (R) O'Connell, J. (D) Peace, S. (D) Petris, N. (D) Polanco, R. (D) Rogers, D. (R) Rosenthai, H. (D) Russell, N. (R) Solis, H. (D) Thompson, M. (D) Watson, D. (D) Wright, C. (R) District SENATE ROSTER December 1994 #13 #32 #35 #27 #7 #30 #11 #16 #38 #28 #6 #23 #36 #25 #34 #4 #5 #37 #39 #8 #31 #1 #33 #10 #14 #3 #15 #12 #29 #18 #9 #17 #20 #21 #24 #2 #26 #19 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Senator X X X X X X X LEAGUE OF CALIFORNIA CITIES CITY DELEGATE FORM 1) 2) City of Designated (please phc~ a check mark) __ from the City is: MAYOR COUNCIL MEMBER 3) Best Telephone Number is FAX Number to reach delegate is Mailing address is 4) The city chooses NOT to participate in the City Delegate Program. PLEASE RETURN BY: Monday, December 5, 1994 League of California Cities 1400 K Street, 4th Floor Sacramento, CA 95814 Attn: Dwight Stenbakken FAX #: 916/4.4.4, S671 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 APPROV, CITY ATTORNEY~ FINANCE OFFICE CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors Ronald E. Bradley, General Manager December 13, 1994 Temecula Middle School Lighting Project PREPARED BY: ~. Herman D. Parker, Recreation Superintendent RECOMMENDATION: That the Board of Directors: Approve Design Services Agreement of $13,350. with Dream Engineering, Inc. for the Temecula Middle School Lighting Project. Approve the Facility Use Agreement for the use of Temecula Middle School Athletic Fields between the Temecula Community Services District (TCSD) and the Temecula Valley Unified School District (TVUSD}. DISCUSSION: In an effort to provide additional athletic fields and services for community youth sport organizations to utilize during evening and weekend hours, the Community Services Department has begun the design process of installing a lighting system on all athletic fields at Temecula Middle School. Undoubtedly once completed, the Temecula Middle School lighting project will enhance the City's ability to provide additional fields and hours for youth sports, activities and special events. On September 29, 1994, the Community Services Department released a Request for Proposal (RFP) to qualified electrical engineering firms, for the preparation of design specifications, drawings and construction documents 'for the Temecula Middle School Lighting Project. By November 10, 1994,the deadline for firms to submit proposals to the City, three (3) proposals were submitted. A committee of staff members reviewed and rated the qualifications of each proposal, and selected Dream Engineering, Inc. of Apple Valley, California as the best qualified firm to provide the required scope of services. The Agreement for Professional Services is attached for your review. To clearly define the use of the Temecula Middle School athletic fields once the lighting project is completed, the Community Services Department has prepared an agreement between the TCSD and the TVUSD for use of the Temecula Middle School athletic fields and track. This agreement is in conjunction with the "Joint Facility Use Agreement between the TCSD and TVUSD" adopted April 23, 1991, and provides the TCSD with first priority use of all lighted outdoor facilities during after school & weekend hours. The agreement was supported and approved by the Community Services Commission on November 14, 1994. It was also reviewed by the TVUSD and approved by the Board of Education on November 15, 1994. This Agreement is also attached for your review. FISCAL IMPACT: The $13,350 required for the preparation of design specifications and construction documents by Dream Engineering, Inc. are appropriated in the FY 1994-95 CIP budget in account 210-190-141-5802. The Facility Use Agreement between the TCSD and TVUSD for the use of Temecula Middle School athletic fields requires the TCSD to pay $8,000 annually to the TVUSD for field maintenance and upkeep. These funds will be budgeted in the TCSD's operating budget for FY 1995-96. The TCSD would also be responsible for electrical utility costs of approximately 918,000 annually. These funds will also be budgeted in the TCSD operating budget for FY 1995-96. The electrical utility costs will be partially offset by revenue generated from league fees. ATTACHMENTS (2): Agreement for Professional Services Temecula Middle School Facility Use Agreement AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of 19 , between the City of Temecula, a municipal corporation, hereinaftar referred to as "City" and Dream Engineering Inc., a corporation, hereinafter referred to as "Consultant". The parties hereto mutually agree as follows: SERVICES. Consultant shall perform the tasks set forth in Exhibit "A" attached hereto. Consultam shall complete the tasks according to the schedule set forth in the "Statement of Qualifications" submitted by Consultant dated November 5, 1994 in response to City's "Request for Proposals for the Temecula Middle School Lighting Project.' PERFORMANCE. Consultam shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. PAYMENT. The City agrees to pay Consultam monthly, at the hourly rates set forth in Exhibit *B" attached hereto, based upon actual time spent on the above tasks. This amount will not exceed $13,350 (Thirteen Thousand, Three Hundred and Fifty Dollars) for the total term of the Agreement unless additional payment is approved by the City Council. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the i~revious month. Payment shall be made within thirty (30) days of receipt of each invoice. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultam at least ten (10) days prior written notice. Upon receipt of said notice, the Consultam shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after receiving an invoice from the Consultam, the City shall pay Consultam for work done through the date that work is to be ceased I~ursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. BREACH OF CONTRACT. In the event that Consultam is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultam for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultam, shall not be considered a default. v:~rjmprkvw ,agr -1 - 100394 10. 11. 12. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultam to comply with this section. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Drive, Temecula, California 92590, and the Consultant at 19031 Highway 18, Suite 200, Apple Valley, CA 92307 unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement, Conaultant'a sole compensation shall be the value to the City of the services rendered. LIABILITY INSURANCE. The Consultant shall maintain insurance acceptable to the City in full force and effect throughout the term of this contract, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultam, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Contractor's bid. The Consultam shall provide the following scope and limits of insurance: A. Minimum SCOPe of Insurance, Coverage shall be at least as broad as: Insurance Services Office Form No. GL-0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office Form No. GL-0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" Form No. CG-0001 ). Insurance Services Office Form No. CA-0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto" and Endorsement CA-0025. Workers' Compensation insurance as required by Labor Code of the State of California and Employers' Liability insurance. 4. Errors and Omissions insurance. B. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: General Liability: 91 ,000,O00combined single limit per occurrence for bodily injury and property damage. v:\rjmprkvw .agr -3- 100394 Automobile Liability: $1,000,000combined single limit per accident for bodily injury and property damage. workers' Compensation and Employers' Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance: $1,000,000 per occurrence. Deductibies and Self-Insured Retentions. Any deductible in excess of $1,000 must be declared to and aiDproved by the City. Other Insurance Provisions. Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: All Policies. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice to the City via United States First Class Mail. General Liability and Automobile Liability coveraees. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultam; products and completed operations of the Consultam; premises owned, occupied or used by the Consultant, or automobiles owned, lease, hired or borrowed by the Consultam. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Consultam's performance of the work described in this contract, the Consultam's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Consultant's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's Compensation and Employers' Liability Coveraae. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultam for the City. v:~rjmprkv~v .8gr -4.- 100394 Verification of Coveraoe. Contractor shall furnish the City with certificates of insurance affecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, The certificates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 13. LICENSES. The Consultant and subconsultant shall obtain all necessary licenses, including but not limited to City Business License. 14. INDEMNIFICATION. The Consultant agrees to indemnify and save harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent performance under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 15. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement may be executed in counterparts. v:\dmprkvw.agr -5o 100394 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written, CONSULTANT By: ~Nolan, Princil~al r En~e;ring, Inc. CITY OF TEMECULA By Ron Roberts, Mayor APPROVED AS TO FORM: Peter Thorson, City Attorney ATTEST: June S. Greek, City Clerk v:~rjmprkvw.agr '6- 100394 B~GIN ENGINk'IERING 1. 2. 3. 4. E~HiI![T A DET~,n.k'n SCOPE OF WORK Meet with client to verify acot~ of work and project cxp~tmions from client's point of view. ObtAin existing dns. win~s. Field trip to verify existing conditions. Meet with maintenance persomgl to verify existing conditions and items that should be addressed in Engineering. COORDINATE NEW SERVICE Wlllt RI-I~CTRICAL UTILITY If it is determined by field investigation that a new electrical service is required, load calculations and prellml.nry drawings will be submitted to the Edison service representative. COORDINATE PHOTOMETRICS WTFH LIGHTING MANUFAL"rtlRER Forward preliminary drawings, showing site plan and field layouts to lighting manufuc~. Provide lighting requirements such as maintained footcandles and aleas of concern re spill light. When pole locations are received back from lighting manufacturer we will verify that pole locations will fit on site and do not interfere with any existing functions. CO1VIPLETE 50% SUBMITfALS Submit preliminary plans to city for review and corrections. COMPLETE 90% SUBMfrFALS Continue engineering process such as voltage drop eales, panel assi~ments, keynotes, details, incorporating 50% submittals comments drawing. Meet with city and review along with preliminary cost estimate. bUBMIT TO DSA Corrections are made after 90% submittals and drawings are completed. Complete application form and hand carry entire package to DSA in Raneho Bernardo. MAKE DSA BACK CHECK CORRECTIONS AND RETURN TO DSA After 34 week period pick up plans from DSA. Make all 'back check" corrections and schedule meeting with DSA, within I wwJc, to have plans reviewed and approved. ASSIST IN BID PROCESS Assist city in Pre Bid Conference answer questions asked by contmctur during bidding period. Make recommendations on bid received by city. CONSTRUCTION OBSERVATION Meet with successful bidding contractor at preconstruction conference. Make up schedule and be available for questions. Coordinate duties of testing lab and project inspector. If field problems arise, try to handle over phone or fax. If required make field trip to site to provide clarification to bid documents. FINAL INSPECTION AND JOB ACCEFFANCE Upon completion of job make final electrical and photometric inspection. Measure voltages, amperes and footcandles. Make visual inspection of pole footings. Cheek site conditions against appwved drawings and specifications. SUBMIT DRAWINGS OF RECORD TO CITY Make corrections to drawing originals per contractors "as built" drawings and submit Drawing of Record to City. 'MIT ALL REQUBtRrs TO DSA se out job with DSA. Assist school district in filing notice of completion. Handle DSA paperwork that will be gener~t,,d_ over the next several years. CATEGORY Electrical Engineer/ Consultant Assistant Engineer Dm~sman Technical Typist/ Computer Operator Computer Time E~B~rmlT B FI~ SC"I~UI.~ RA'ri~, $62.00/Hour $41.00/Hour $38.00/Hour $32.00/Hour $7.50/I-Iour AG~ BETWRk'N ~ TEMECULA COMMUNITY SERVICES DISTRICT AND ~ TEVIECUIA VAIJ,k'~Y UNIFrn~ SCHOOL DISTRICT FOR USE OF TEMECULA MH)DLE SCHOOL MULTI-PURPOSE ATn~,RTIC FIELDS AND TRACK This agreement entered into on the day of , between the Temecuh Community Services DisLrict, hereinafter referred W as "T~SD", and the Temccula Valley Unified School Dislxict of Riverside County, hereinafier referred to as "District": WITNESSETH WHF, REAS, the TCSD &sires use of Temecula Middle School Multi-Purpose Athletic Fields and Track areas during after school hours and weekends not conflicting with the existing school program, and the District desires to assist in meeting the leisure and recreational needs of the City of Temecula and WHI~.REAS, on April 23, 1991, the parties entered into that certain agreement entitled "Joint Facility Use Agreement Between Temecuh Community Services District and Temecula Valley Unified School District" for the joint use of certain facilities and provided for a subsequent agreement such as this Agreement to govern the particular use of certain facilities, and WHEREAS, this Agreement is entered into under the authority granted by the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) and Section 10900 through 10914.5 and 40040 through 40048 of the Education Code, and WIt~F. REAS, the TCSD and the District deem it desirable w cooperate in the establishment of such an agreement under the conditions herelnafter set forth. NOW TI~.REFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows: The District hereby grants to TCSD the use of the Temecula Middie School multi- purpose athletic fields and track for recreational and community services purposes on a priority basis over other community services or groups after school hours and on weekends. During such use, all necessary adult personnel or security officers, Wash collection, maintenance and supervision shah be provided by employees, independent contractors, agents, or officers directly employed by the TCSD. The District shall at all times have first priority for the use of the Temecuh Middle School multi-purpose athletic fields and track. However, the District has assured the TCSD that school activities are not scheduled during after school and weekend hours. In lieu of rent, and as good and valuable consideration for the promi~s, covenants, and conditions, specified herein, the TCSD shall provide architectural and engineering services and capital lighting improvements for the Temecula Middie School multi-purpose athletic fields and track at no cost to the District. The TCSD shall pay to the District $8,000.00 ann.ally, to off-set the cost of tuff and athletic field maintenance, r~airs, and upkeep. Said maintenance fee shall be payable to the District on the 1st day of August each year. In the event that maintenance and/or repairs are required to the aforementioned lighting improvements, these costs shah be the responsibility of the City. Normal ground maintenance and operation costs to the athletic fields shall be the sole responsibility of the District. The District shall provide normal maiutenance and ,=pair of the Temecula Middie School muM-purpose athletic fields and track. The TCSD shall be responsible for all monthly electrical costs associated with the lighting improvements. Said electrical costs shall be monitored by a separate electrical meter. The TCSD shall indemnify, defend and hold harmless the District, its Board members, officers, agents and employees from and against any and all claims or demands, and every liability, loss, damages, or expense arising out of the TCSD's use of the Temecuia Middle School multi-purpose athletic fields and track, or from any activity, work or things done, permitted or suffered by the TCSD in or about the Temecula Middle School multi-purpose athletic fields and track or elsewhere, or arising from any negligence of the TCSD, or any of the TCSD's agents, contractors, or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against the District by reason of any such claim, upon notice from the District, the TCSD shall defend the same at the TCSD's expense. The District Shall indemnify, defend and hold harmless the TCSD from any and all claims arising from any breach or default in the performance of any obligation on the District's part to be performed under the tenus of this Agreement, or arising from any negligence of the District, or any of the District's agents, contractors, or employees, and from and againgt all costs, attorneys' fees, expenses and liabilities incurreA in the defense of any claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against the TCSD by reason of any such claim, upon notice from the TCSD, the District shall defend the same at the District's expense. 10. 11. 12. 13. 14. The tern Of thi~ Agreement shall be for a period of twenty (20) years beEinning ,1994 and Shall termillate ,2014; provided, however, that thi.~ Agreement may be mended at any lime by mutual consent of both parries, on ninety (90) days notice hereafter upon either party giving written notice of its intention to so mend. TCSD shall provide functioning and sanitary portable to'~et facilities when using the Temecula Middle School multi-purpose athletic fields and track. The portable toilet Facilities provided by TCSD shall be placed on the Temecula Middle School campus in locations selected by the District. The District hereby grants W TCSD a fight of access to the Temecuh Middle School multi-purpose athletic fields and track as necessary for its use in accordance with this Agreement. The TCSD Shall carry and maintain~ during the entire term hereof, at the TCSD's sole cost and expense, comprehensive general lhbility insurance with an insurance company in good standing in the State of California, with limits of liability for personal injury of at least Five Hundred Thousand Dollars ($500,000.00) per person and One Million Dollars ($1,000,000.00) per occurrence, and limit of liability for property damage of at least One Bundred Thousand Dollars ($100,000.00), naming the District as an additional insured with respect to the Temecuh Middle School multi-purpose athletic fields and track. The TCSD shall furnish the District with a certificate from such insurer evidencing such insurance. The TCSD also agrees W pwvide, or cause its insurer to provide, the District with a notice of insurance cancellation at lease thirty (30) days prior W the cancellation of such insurance. The TCSD, at it option, may elect to combine the insurance required under this Agreement with any other coverage maintained by the TCSD, or the TCSD may elect to serf insure in whole or in part for the insurance required under this Agreement. Notwithstanding the provisions of other paragraphs of this Agreement, the District, through its i~presentative, either the Superintendent or designee, may curtail or modify the TCSD's use of the Temecula Middle School multi-purpose athletic fields and track ff such is necessary as an emergency measure for the preservation of the public's health, safety, or weftare, to meet an energy crisis or any other not aforementioned emergency situation. No waiver of any ten or condition of this Agreement shall be considered a continuing waiver thereof. Any waiver must be in writing. The individuals executing this Agreement on behalf of the TCSD represent and warrant to the District that they are fully authorized and legally capable of executing this Agreement on behalf Of the TCSD. Communications and notices shall be addressed as follows: CITY DISTRICT City Manager City of Temecula 4~174 Business Park Dr. Temecula CA 9'2590 Superintendent Temecula Valley Unified School District 313~0 Panclio Vista Road Temecula CA 92~92 WITNESS THE EXECUTION Iqk'~EOF the day and year first above written. CITY OF TIavIECULA TEMBCULA V~,T .T,F:y SCHOOL DISTRICT Ronald Roberts Date Mayor Superintendent Date APPROVIH) AS TO FORM: I~gal Counsel Date June S. Greek Date City Clerk ITEM 2 APPROVAi~ CITY ATrORNEY FINANCE OFFIC CITY MANAGE TO: FROM: DATE: SUBJECT: Board of Directors General Manager December 13, 1994 Election of President CITY OF TEMECULA AGENDA REPORT PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: The President will entertain motions from the Board of Directors to select the President to preside until the end of calendar year 1995. BACKGROUND: The Board of Directors selects a member to serve as President annually. This office is assumed at the first meeting of the Community Services District in January and the newly elected President presides through the calendar year of 1995. ITEM 3 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Board of Directors General Manager December 13, 1994 Election of Vice President APPROVAL R~ CITY ATTORNEY FINANCE OFFICER CITY MANAGER PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: The President will entertain motions from the Board of Directors to select the Vice President who will assume the duties of the President in his/her absence and will hold this office until the end of calendar year 1995. BACKGROUND: The Board of Directors selects a member to serve as Vice President annually. This office is assumed at the first meeting of the Community Services District in January and the newly elected Vice President presides through the calendar year of 1995. ITEM I TO: FROM,~, DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFICE~ CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Joseph Kicak, Interim Director of Public Works/City Engineer December 13, 1994 Professional Services with Norris-Repke Inc. for the Design of the First Street Bridge PREPARED BY: xV~,Raymond A. Casey, Principal Engineer - Land Development L/~ John Pourkazemi, Assistant Engineer RECOMMENDATION: That the Redevelopment Agency approve and authorize the Chairperson to execute an agreement between the City and Norris-Repke, Inc. to provide civil engineering services for the design of First Street Bridge in the amount of $174,842 and 10% contingency in the amount of $17,484.20. And, that the Redevelopment Agency appropriate an additional $42,326.20for the design of the First Street Bridge. The Agreement will be subject to the approval of the Executive Director and the General Council as to final form. DISCUSSION: The scope of work for Norris/Repke, Inc. is described in the attached proposal. The First Street Bridge is included in the current Capital Improvement Program. The schedule for the design of the First Street Bridge has been expedited pursuant to T.Z.B.G. Inc. (Zev Buffman) proposal for the Old Town Redevelopment Project. FISCAL IMPACT: When the Capital Improvement Program was adopted, it was anticipated that the design costs would be spread over fiscal year 1994-1995 and 1995-1996. However, the design of the project has been expedited, and is expected to be funded only in fiscal year 1995. Therefore, it is necessary to approve an additional appropriation of $42,326.20 to Account No. 280- 199-807-5802 in fiscal year 1995. Anticipated appropriations in fiscal year 1996 will decrease accordingly. Attachments: 1. Norris-Repke, Inc. Contract -1 - r:%agdrpt%94%1213%rfp28.agn ATTACHMENT NO. 1 Norris/Repke, Inc. Contract PROFESSIONAL SERVICES This Agreement was made and entered into this 13th day of December, 1994, by and between the City of Temecula ("City"), a municipal corporation, and Norris-Repke, Inc., an individual ("Consultam"). The parties hereto mutually agree as follows: Services. Consultant shall perform the tasks set forth in Exhibit "A" attached hereto. Consultam shall complete the tasks according to the schedule set forth in Exhibit "A". Performance. Consultam shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. Payment. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit "B" attached hereto, based upon actual time spent on the above tasks. This amount will not exceed $174,842.00 for the total term of the Agreement unless additional payment is approved by the City Council; provided that the City Manager may approve additional payment not to exceed ten percent (10%) of the Agreement; but in no event more than 910,000.00. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice. Amendments. This Agreement may be amended so long as such amendment is in writing and agreed upon by both the City Council and Consultant. 0wnershiD of Documents. Upon satisfactory completion of or in the event of termination, suspension or abandonment of this Agreement, all original documents, designs, drawings, and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. Termination. The City may terminate this Agreement without cause so long as written notice of intent to terminate is given to Consultam at least three (3) days prior to the termination date. In the event of termination, Consultam shall be paid for the services performed. Indemnification. The Consultant agrees to indemnify and save harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's acts or omissions under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. -1 - r:\RFP\O28\NOREPKE.AGRlajp 10. 11. Status of Consultant. Consultant is an independent contractor in all respects in the performance of this Agreement and shall not be considered an employee of the City for any purpose. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Term. This Agreement shall commence on December 13, 1994, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 1996. Default. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. Any disputes regarding performance, default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et seo. City and Consultant shall share the cost of the arbitration equally. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: City: Attention: City Manager City of Temecula 43174 Business Park Drive Temecula, CA 92590 Consultant: Norris-Repke, Inc. Attention: Jack P. Norris, P.E., Project Manager 33055 Vino Way Temecula, California 92591-4638 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. -2- r:~RFP~O28\NOREPKE.AGRlajp 12. Entire Agreement. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. 13. Liabilitvo Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant agrees to indemnify, release and hold harmless the City, its officers, agents, employees, and representatives for all claims or losses the City may suffer resulting from any negligent actions or omissions by Consultam. Consultant shall secure workers' compensation insurance. Upon request of Consultant, the City shall add Consultant to the City's workers' compensation policy and the Consultant shall reimburse the City for the cost of said insurance premiums. 14. Licenses. Consultant and subconsultant shall obtain all necessary licenses, including but not limited to, City Business Licenses. The parties hereto have executed this Agreement on the date and year above written. CONSULTANT CITY OF TEMECULA By: By Ronald H. Roberts, Mayor APPROVED AS TOFORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk -3- r:\RFP\028\NOREPKE.AGR/ajp SCOPE OF SERVICES B~ed on the City request for proposal, our field investigation of the site, discussion with City staff and our prior experience, we have proposed a four phase work program that considers the project concerns and develops the appropriate designs and construction documents. The initial phases are concerned with data collection and developing the project concepts and elements, followed by construction document preparation and construction phases. These are further described below. PHASE I: ORIENTATIONDATA COLLECTION A. Orientation Hold "kickoff' meeting with City staff and subconsultants. Our approach would be discussed and necessary criteria established. Information required from the City would be requested. Obtain AP maps for existing right-of-way determination. Revisit the site to refresh our memory of its features and to visualize the design. B. Topo~aphic Survey Establish centerline control and stationing. Set and document horizontal and vertical control markers for the aerial survey. Perform a ground survey of the two existing intersections. Locate aH pertinent topographic features within the right-of-way, City yard, apartment site and Boy's Club site where existing paved driveways may need to be reconstructed or relocated to meet proposed grade. 3. Shoot elevations of the ground beneath the tree canopy. Perform photogrammetric survey and prepare a map at 1 "=40' in digital format for AutoCad. C. Soils Investigation Conduct soils investigation. Prepare report with recommendations on bridge design, grading, sub~ade preparation and pavement desi_m~. TIffs would be performed by Agra Soils and Environmental. Please refer to their detailed scope of services in the Appendix. D. Utility Research and Initial Notification By letter, notify the utility companies of the upcoming project to aid their planning, and request utility locations. -- (Potholing may be requested later -- see ~Project Analysis and Design".) _ Page 2 of 5 E. Right-of-Way Research Obtain assessors parcel maps and any other documents in City files to determine existing rights of way. Obtain pertinent record maps from County Surveyor. PHASE II: BASE SHEETS AND CONCEPT PLANS A. Topographic Base Sheets Plan and profile base sheets would be prepared on mylar sheets at scales of 1 "--100' and 1"--40'. These base sheets would be prepared using AutoCad 12 and include the following: 1. Street right of way. Property lines from Assessors Maps. 2. Centerline control and stationing. 3. Topography. 4. Utility locations. 5. Profiles ofcenterline and existing curb, berrn or right of way when close enough vertically to appear at correct scale. 6. The topography would be backgrounded or "screened." Field Review Perform comprehensive field review to determine the following: I. Existing conditions that may affect design. 2. Drainage requirements. 3. Private property alteration. 4. Spot check aerial map elevations. Stake bridge abutment locations for soil borings. Develop Project Analysis and Design We would prepare conceptual improvement/grading plans at 1"=100' and complete hydrology studies at this stage, with altematives as appropriate. Included would be rough grading extents, preliminary earthwork quantities, and preliminary design of drainage facilities. B, At critical locations additional underground utility information may be required. We realize the utility companies' record plans are sometimes deficient. In such instances we will arrange for potholing and will accurately survey the actual utility locations. ~Ve will meet with City staff to discuss our recommendations and reach concurrence on the final project design. PHASE III: CONSTRUCTION DOCUMENTS Based on the results of Phase II, the final construction documents would be prepared. The following is an outline of the scope of services for preparation and processing of the construction documents for the project. A. Construction Document Preparation Prepare plan and profile sheets at a scale of 1 "=40' showing construction to conform to the approved concept plan. Construction elements would be clearly defined. New centerline profiles would be shown. Grading, erosion control measures and SW'PPP would be shown on duplicates of these plans. Prepare plans, profiles and details of drainage improvements, with all pertinent hydraulic information including HGL in profile, design frequency, Q, V, D. and D~. Prepare detail sheet for typical sections and details. 3. Prepare bridge plans at I "=5' and other scales as appropriate. 4. Prepare signing and striping plans. Prepare complete projecf specifications using City, Special Provisions and "boiler plate", and the Green Book as the Standard Specifications, using WordPerfect 6. City to provide basic boiler plate on disk for our editing. (Final product is our responsibility.) Prepare itemiTed construction quantities and cost estimate using Lores 123. The underlying ealcs would be keyed to color-coded plans. Earthwork quantities would include subsidence and shrinkage (or swell). We would specify requirements for traffic control and for the preparation of a detour, phasing and tr~affic control plan. B. Pdght-of-Way Document Preparation Prepare maps and legal descriptions of right of way and slope easements to be obtained. 2. Prepare letters of permission to grade on private property. Provide miscellaneous services to assist the City in the process of right of way acquisition. C. Construction Document Processing Upon completion of the preliminary plans, specifications and cost estimate, submit two sets of each to the City for initial review and comment. Submit all documentation (plans, specs, esth-nate, drainage report, applications, letters of intent, etc.) necessary to obtain all required permits from the agencies and districts including federal (Fish and Wildlife, COE, NPDES compliance), state (Fish and Game, Cal~ans) and RCFCWCD. Maintain com.munication with those entities to facilitate approval. 3. Meet with City staff to discuss results of City staff review. Make agreed revisions and corrections to the plans, specifications and cost estimate and submit the original plans, specifications and itemized cost estimate to City for. bidding. D. Utility Coordination Prepare preliminary utility notices and send preliminary plans to utilities at the same time we submit plans to the City for initial review. Monitor responses from utility companies and coordinate with utility companies regarding relocation of facilities. This does not include the design of any utility relocations for the utility companies. 3. Send final utility notice to each utility company. PHASE IV: BIDDING AND CONSTRUCTION Prepare bid specification package including: bidders' instructions, bid sheets, general --' specifications, special provish3ns and technical specifications using the City's boiler plate contract documents. Dr, af~ the report to the City Council for authorization to advertise for bids. Answer questions during bidding and issue addenda if necessary. Attend bid opening. Review and analyze bids for correct arithmetic, balance and completeness. Check low bidder's references. Prepare bid sununary. Prepare report to council for contract award. Attend pre-construction meeting. View the progress of the work daily. Clarify plans and answer questions regarding the prepared designs and specifications during construction if necessary. EXHIBIT "B" PAYMENT SCHEDULE r:\RFP~O28~NOREPKE.AGR/ajp NEDRRIS-RF:PKEE. INC. Consulting Civil Engineers and Lanc~ Surveyors 600 N. TUSTIN AVENUE · SUffE 250 · SANTA ANA, CA 92705-3736 · (714) 973-2230 · FAX (714) 973-2263 m NORRIS-REPKE, INC. SCHEDULE OF STANDARD HOURLY RATES AUgUSt 1, 1994- Jack R Norns. PE Warren VM Repke. PE Randy G. Berry. PE Joseph M, Loyamo, PLS Noel W. Torkelson, PE Principal Engineer ....................................................... $105.00 Project Manager ........................................................... 92.00 Engineering Manager ...................................................... 83.00 Project Engineer .......................................................... 72.00 Design Engineer .......................................................... 63.00 Designer/Senior Drafter .................................................... 60.00 Junior Engineer/Senior Technician ........................................... 48.00 Drafter/Technician ........................................................ 42.00 Technical Aide/Jr. Drafter .................................................. 37,00 Clerical ................................................................. 37,00 Field Inspector ........................................................... 47.00 Licensed Land Surveyor ................................................... Land Surveyor-In-Training .................................................. 55.00 Survey Crew (3-man) ........................................................... 150.00 (2-man) .......................................................... 125.00 Survey Travel Time 1st one-half hour each way ...................................... 1/2 crew rate After Ist one-half hour each way ......................................... N/C Expert Testimony (2 hour minimum) ......................................... 1 g0.00 1 The above fees will be escalated 5% on each August I beginning August 1, 1995, for any work uncompleted at that time for reasons beyond Engineer's control. Outside agency fees are not included in above fees and will be billed at cost plus 15%. ITEM 2 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Redevelopment Agency Members Executive Director December 13, 1994 Election of Chairperson PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: The Chairperson will entertain motions from the members of the Redevelopment Agency to select the Chairperson to preside until the end of calendar year 1995. BACKGROUND: The Redevelopment Agency selects a member to serve as Chairperson annually. This office is assumed at the first meeting of the Redevelopment Agency in January and the newly elected Chairperson presides through the calendar year of 1995. ITEM 3 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT Redevelopment Agency Executive Director December 13, 1994 Election of Vice Chairperson PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: The Chairman will entertain motions from the Redevelopment Agency Members to select the Vice Chairperson who will assume the duties of the Chairperson in his/her absence and will hold this office until the end of calendar year 1995. BACKGROUND: The Redevelopment Agency selects a member to serve as Vice Chairperson annually. This office is assumed at the first meeting of the Redevelopment Agency in January and the newly elected Vice Chairperson presides through the calendar year of 1995.