Loading...
HomeMy WebLinkAbout091295 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk {909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting 128 CFR 35.102.35.104 ADA T'rtle II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING COMMUNITY RECREATION CENTER 30875 RANCHO VISTA ROAD SEPTEMBER 12, 1995- 7:00 PM 6:30 PM - Closed Session of the City Council pursuant to §54957.6' Conference with Labor Negotiator Grant Yates regarding Professional and Confidential'Employees and General. Employees 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. Next in Order: Ordinance: No. 95-13 Resolution: No. 95-77 CALL TO ORDER: Mayor Jeffrey Stone presiding Invocation: Pastor Mike Brisson, Cornerstone Community Church Flag Ceremony: Presented by Paul Revere Division - UoS. Naval Sea Cadet Corps Under the direction of LCDR Ray Kemp, Commanding Officer ROLL CALL: Birdsall, Lindemans, Parks, Roberrs, Stone PRESENTATIONS/ PROCLAMATIONS Pollution Prevention Week' PUBLIC COMMENTS A total of 30 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 not listed on the R:~a, eende%091296 I 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 4 296 Standard Ordinance Adootion 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 August 8, 1995. 2.2 Approve the minutes of August 22, 1995. Resolution Aoorovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Americans With Disabilities Act Transition Plan RECOMMENDATION: 4.1 Adopt the Americans With Disabilities Act Transition Plan. 2 5 6 7 8 I-15/I-215 Joint (Temecula-Murrieta) Corridor Planning Study- Contract Award to DKS and Associates. Inc. RECOMMENDATION: 5.1 Award Professional Services contract for I-15/I-215 Joint (Temecula-Murrieta) Corridor Planning Study to DKS and Associates, Inc. Parcel MaD 28122 (located east of Meadows Parkway, between Rancho California Road and Rancho Vista Road) RECOMMENDATION: 6.1 Approve Final Parcel Map 28122 subject to the Conditions of Approval. Murrieta Creek (First Street BridQe) Flood Plain Study and Tooograohv RECOMMENDATION: 7.1 Approve Contract Amendment No. 2 to an existing Contract with Norris-Repke, Inc. for additional mapping and Hydrology Study for the First Street Crossing of Murrieta Channel, and the Old Town Area. Joint Project FundinQ Aareement (Pala Road Bridge/Sewer) RECOMMENDATION: 8.1 Approve the Joint Project Funding Agreement (Pala Road Bridge/Sewer) between the County of Riverside (AD 159) and the City of Temecula. Award the Contract for the Solana Way Storm Drain Improvements, Proiect PW95-03 RECOMMENDATION: 9.1 Award a contract for the construction of the Solana Way Storm Drain Improvements, Project No. PW95-03 to Floyd Johnston Construction C., Inc. for $180,490.00 and authorize the Mayor to execute the contract. 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $18,049.00. 10 Design Services Contract - City Maintenance Facility RECOMMENDATION: 10.1 Award a design services contract of $53,860 to W. Dean Davidson, Architect for the preparation of the schematic design drawings, construction documents, and project administration for the City Maintenance Facility. R:%Agende%091296 3 11 12 ADDrOyal Of Contract Services Aqreement RECOMMENDATION: 11.1 Approve contract service agreements for Esgil Corporation, Vandorpe Chou Associates, Ray Grage and Associates and Robert Bein, William Frost and Associates to provide plan check services to the Building and Safety Department. Out of State Travel RECOMMENDATION: 12o I Authorize certain out-of-state travel plans. 13 Second Readinq of Ordinance No. 95-12 RECOMMENDATION: 13.1 Adopt an ordinance emitled: ORDINANCE NO. 95-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF THE DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND VAN DAELE 79 VENTURE, LTD. FOR FINAL TRACT MAPS NO. 22716-FINAL, 22716-2, 22716-4 AND TENTATIVE PARCEL MAP 28122 WITHIN SPECIFIC PLAN NO. 199 RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING, .. TEMECULA REDEVELOPMENT AGENCY MEETING, JOINT MEETING OF THE CITY COUNCIL AND TEMECULA REDEVELOPMENT AGENCY, AND OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING R:~A, genda~091286 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 95-01 Resolution: No. CSD 95-07 CALL TO ORDER: President Ronald H. Roberts ROLL CALL: DIRECTORS: Lindemans, Birdsall, Parks, Stone, Roberrs PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Board of Directors on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an item not listed on the Agenda or on the Consent Calendar, a pink 'Request to Speak' form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a 'Request to Speak' form must be filed with the City Clerk before the Board of Directors gets to that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 1.2 Approve the minutes of August 8, 1995. Approve the minutes of August 22, 1995. GENERAL MANAGERS REPORT - Bradley DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: September 26, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:~kgendm~g1296 S TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 95-01 Resolution: No. RDA 95-06 CALL TO ORDER: Chairperson Ronald J. Parks presiding ROLL CALL: AGENCY MEMBERS: Birdsall, Lindemans, Roberrs, Stone, Parks PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak t0the Agency on an item not listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 Approve the minutes of August 8, 1995. 1.2 Approve the minutes of August 22, 1995. Professional Services with Albert A. Webb Associates for Desion of the Sixth Street ParkinQ Area RECOMMENDATION: 2.1 Award a Professional Services Contract of $53,695.00to Albert A. Webb Associates (Webb) to provide design services for the Sixth Street Parking Project. R:~e~enda%091296 8 AGENCY BUSINESS 3 AODrOOriatiOn and Authorization to Release Funds for Old Town Soecific Plan Billboard Sian Lease RECOMMENDATION: 3.1 Appropriate $15,000 to Redevelopment Agency Account No. 280-199-999-5264, and authorize payment to the Old Town Temecula Mainstreet Association for the Old Town Specific Plan Billboard Sign Lease. Desjan of Western Style Logo for Old Town RECOMMENDATION: 4.1 Provide staff direction on a process to select a Western Style Logo for Old Town. 4.2 Appoint two Councilmembers to the Logo Selection Committee. 4.3 Authorize and Appropriate $1,500 from the Redevelopment Fund Balance for the Western Style Logo for Old Town. 4 6 PlanninQ and Buildine Fee Reimbursement RECOMMENDATION: 5.1 Appropriate $30,000 from the Redevelopment Fund Balance for Planning and Building Fee Reimbursement for Structures on the Old Town Local Historic Register and participants in the Facade Improvement Rebate and Non-Conforming Sign Removal Programs. City of Temecula Marketina Plan RECOMMENDATION: 6.1 Approve the City's Marketing Plan: 6.2 Authorize the Executive Director and City Attorney to draft and execute a contract with Zanville Associates for tourism marketing services; 6.3 Appropriate $24,450 from RDA fund balance to Economic Development and $13,500 to RDA salaries. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS R:%Aee~cle%Og 1286 7 RECONVENE AS A JOINT CITY COUNCIL AND TEMECULA REDEVELOPMENT AGENCY MEETING 7 Resolutions AuthorizinQ Formation of Two Joint Exercise of Powers Authorities with the Redevelooment AQency of the City of Temecula RECOMMENDATION: 7.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF TWO JOINT EXERCISE OF POWERS AUTHORITIES WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA 7.2 That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 95- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF TWO JOINT EXERCISE OF POWERS AUTHORITIES WITH THE CITY OF TEMECULA 7.3 That the City Council authorize the execution of a Deposit/Reimbursement Agreement by and between the City of Temecula on behalf of the Old TownANestside Community Facilities District Financing Authority/Community Facilities District No. 1, and T.Z.B.G. for the reimbursement of costs in connection with the issuance of bonds. ADJOURNMENT OF TEMECULA REDEVELOPMENT AGENCY MEETING Next regular meeting: September 26, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. RECESS CITY COUNCIL MEETING AND CONVENE A MEETING OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY R:%AOenda%091296 8 OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY Next in Order: Resolution No.: No. FA 95-01 CALL TO ORDER: ROLL CALL: President Jeffrey E. Stone Birdsall, Lindemans, Parks, Roberts, Stone PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited 'to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. Resolution AdootinQ Local Goals and Policies for Community Facilities Districts RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. FA 95- A RESOLUTION OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY ADOPTING LOCAL GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS 1.2 Adopt a resolution entitled: RESOLUTION NO. FA 95- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT NO. I AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 R:~e~ende%O91296 9 1.3 Adopt a resolution entitled: 1.4 1.5 RESOLUTION NO. FA 95- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (OLD TOWN AREA PUBLIC IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Adopt a resolution entitled: RESOLUTION NO. FA 95- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT NO. 2 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Adopt a resolution entitled: RESOLUTION NO. FA 95- A RESOLUTION OF THE BOARD OF DIRECTORS OF OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2 (WESTSIDE AREA PUBLIC IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 ADJOURNMENT Next regular meeting: September 26, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. R:%A~enda%091286 10 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior ' to, the public hearing. 14 Plannino Aoolication No. 95-0066 (Variance) - Aooeal RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION, DENYING PLANNING APPLICATION NO. PA95-0066 TO PERMIT A FIFTY-FIVE (55) FOOT HIGH FREESTANDING FREEWAY ORIENTED SIGN LOCATED. AT 29105 FRONT STREET AND KNOWN AS ASSESSOR'S PARCEL NO. 921-1104330 COUNCIL BUSINESS 15 16 Community Services Fundina Reouest Recommendations RECOMMENDATION: 15.1 Review and approve the Community Services Funding requests, as recommended by the Community Services Committee, for fiscal year 1995/96 in response to the applications received from community based organizations. Discussion of Itinerate Peddlina in Shoooina Centers (Placed on the agenda at the request of Mayor Stone - discussion item only) R:%/~eerde%O91296 11 17 Temecula Library RECOMMENDATION: 17.1 Approve $12,000 for appropriation from General Fund Balance to the City Council Department Budget for expenditure to restore a 48 hour operating schedule at the Temecula Library. 18 Memo of Understandina Concerning Soecific Plan No. 199, BCT/CCL RECOMMENDATION: 18.1 Approve the Memorandum of Understanding, provided that a construction schedule for the recreation Center acceptable to the Community Development Director is added to the MOU prior to execution, and direct the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. 19 Votina Delegate - National Leaaue of Cities Conference RECOMMENDATION: 19.1 Designate a voting representative and an alternate. 20 Award of a Professional Services Contract to Urban Desian S~udio to Prepare Citvwide Desian Guidelines RECOMMENDATION: 20.1 Award a Professional Services Contract to Urban Design Studio to Prepare Design Guidelines in the amount of $37,510. 20.2 Authorize Mayor to Execute Contract and City Clerk to Attest. 20.3 Appoint members to the Design Guidelines Advisory Committee. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: September 26, 1995, 7:00 PM, Community Recreation Center, 30875 R:~genda%081285 12 PROCLAMATIONS/ PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, the City of Temecula is in favor of a clean and safe environment; and WHEREAS, pollution prevention focuses on waste prevention, and is therefore the most favorable and progressive strategy for protecting our environment; and WHEREAS, pollution prevention can increase efficiency and save businesses money; and WIIEREAS, pollution prevention offers both environmental protection and increased competitiveness; and : WffEREAS, by focusing attention on pollution prevention, the City of Temecula will meet the challenges of the 90s for economic competitiveness and environmental protection; and WHEREAS, Pollution Prevention Week is an opportunity for government, industry, and citizens to work together to plan for a prosperous and sustainable future; · NOW, TFIEREFORE, I, Jeffrey E. Stone, on behalf of the City Council of the City of Temecula, hereby proclaim September 18-24, 1995 Pollution Prevention Week and the City of Temecula does hereby urge all citizens and businesses of the City of Temecula to participate in local and regional celebratory and educational activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 12th day of September, 1995. Jeffrey E. Stone, Mayor hne S. Greek, City Clerk ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD AUGUST 8, 1995 A regular meeting of the Temecula City Council was called to order at 7:02 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Jeffrey E. Stone presiding. PRESENT: 5 ABSENT: 0 COUNCILMEMBERS: Parks, Roberrs, Birdsall, Lindemans, Stone COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. EXECUTIVE SESSION None. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Roberts. INVOCATION The invocation was given by Associate Pastor Bonnie Natte from Discovery Christian Church. PUBLIC COMMENTS Sam Pratt, 40470 Brixton Cove, informed the Council he would be submitting a petition soon on the Ballot Initiative in support of using non-public funds for the Entertainment Center in Old Town. Wayne Hall, 42131 Agena, represented the Home Owners Association in Starlight Ridge, expressed frustration concerning a SCE easement in the Starlight Ridge project. He stated a problem existed when residents attempted to abate weeds due to gates being locked. Councilmember Stone recommended Mr. Hall speak with Joe Kicak, Director of Public Works to work out a solution. Wayne Hall, 42131 Agena, expressed confusion on Animal Control responsibilities. He stated many large dogs had been running through Starlight Ridge and residents were getting the run-around on who to call. He would like to get the word out on who to call. City Manger Bradley responded that the police department should be contacted if life is threatened, but, as a last recourse they could call City Hall. The Animal Control telephone number would be made public through the City's Community Services Bulletin. Minutes\08\08\95 1 Cynthia Arocha-Kitchel, 44535 Bedford Court, requested installation of a signal at Highway 79 south and Bedford Court which is needed for safe ingress end egress to the parking lot and submitted 500 signatures of business clients in support of this signalization. CITY COUNCIL REPORTS Councilmember Birdsall commented on "Support Your Street" signs posted by the City and requested staff re-address the size of sign. She feels the letters should be larger and recommended this be brought back to Council for review. Mayor Pro-Tem Lindemans reported on his published "Letter to the Editor" regarding "Council Happenings". He recommended Mayor Stone prepare a similar column on a monthly basis. Councilmember Parks presented a report on a conference he attended and recommended staff research installing hi-tech computer technology in the new City Hall quarters. This could include E mail which results in a reduction of paper, and is an inexpensive way to get messages to all staff and information to the community. He requested staff review this technology. Mayor Stone thanked more than 50 volunteers who assisted the Temecula Library and invited interested parties to a meeting on Friday, August 18 to discuss extending Temecula Library hours. He stated that the City will do all it can to help keep the Library open. CONSENT CALENDAR Councilmember Roberts removed item No. 5 from the Consent Calendar. Councilmember Parks removed Item No. 6 from the Consent Calendar. Mayor Stone removed Item No. 8 from the Consent Calendar. It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to approve Consent Calendar Items 1-4 and 7 and 9-18. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ]V~xnutes\08\08\95 2 Cit'v Council Minutes 1. Standard Ordinance Adootion 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 July 25, 1995 3. Resolution Aoorovino List of Demands 3. Adopt a resolution entitled: RESOLUTION NO. 95-68 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 4.1 Receive and file the City Treasurer's Report as of June 30, 1995. Records Destruction AOOrOval Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. 7.1 9. Award of Construction Contract for the Parkview Site Rouah Grading Improvements (Project No. PW93-09) 9.1 Award a contract for the rough grading improvements, Project No. PW93-09, to Kunze, Inc. for $277,018.00,and authorize the Mayor to execute the contract; 9.2 Authorize the City Manger to approve change orders not to exceed the contingency amount of $27,701.80, which is equal to 10% of the contract amount; 9.3 Approve a transfer from the General Fund of $64,719.80to the Capital Projects Fund. Aoorooriation of Funds for Weed Abatement 10. 10.1 Approve an appropriation of $18,902 to Account No. 001-162- 999-5440, Weed Abatement, for 1994-95 weed abatement services. AUL, Ust 8. 1995 ]VCmutes\08\08\95 3 City Council Minutes 11. 12. 13. 14. 15. 16. Aoorooriation of Funds for Plan Review Services 11.1 Approve an appropriation of $27,813to Account No. 001-162- 999-5248, Consulting Services, for 1994-95 plan review services. Contact Amendment - Tsutsumida and Associates 12.1 Approve amendment of $22,675 to the design services contract for Tsutsumida and Associates for the Temecula City Hall Project. Pala Park Reimbursement Agreement - Release of Deoosit 13.1 Authorize the release of a $20,000cash deposit to Santa Barbara 86 for the completion of the sewer main line for the Pala Community Park - Tract No. 21067. Award 14.1 14.2 of Contract for the Access Ramos - Project PW 95-04 Award a contract for the construction of the Access Ramps, Project No. PW95-04 to Sean Malek Engineering and Construction, Inc. for $25,200.00 and authorize the Mayor to execute the contract. AuL, ust 8. 1995 Authorize the City Manager to approve change orders not to exceed the contingency amount of $2,520.00 which is equal to 10% of the contract amount. Release Imorovement Bond for Tract No. 19872-F CaD Paving 15.1 Authorize the release of Faithful Performance Bond construction of cap paving for Tract 19872-F; 15.2 Direct the City Clerk to so advise the Developer and Surety. Reconvev Parcels in Parcel MaD NO. 22629 16.1 16.2 16.3 for Authorize reconveyance of three parcels in Parcel Map No. 22629; Authorize the Mayor to execute the deed for that purpose; Direct the City Clerk to have the executed deed recorded, and so notify the Developer. Minutes\08\08\95 4 Cit~ Council Minutes Aurast 8. 1995 17. Quitclaim Deed in Tract No. 27827-F (located north of Nicolas Road and east of Winchester Road) 17.1 Approve the execution of a Quitclaim Deed in Tract No. 27827-F; 17.2 Authorized the Mayor to sign the Quitclaim Deed; 17°3 Direct the City Clerk to record the Quitclaim Deed and notify the Developer. 18. Beer and Wine License for Temeku Golf Course 18.1 Direct staff to approve a beer and wine license for the Temeku golf course. Authorization to Execute Supplemental Aareement for the Use of 21st year Community Develooment Block Grant Funds Bob Hemme, Temecula Museum President, 43500 Ridge Park Dr. #203, asked the Council to consider appropriating Block Gram funds to fund the Sam Hicks Park Improvements and Tamecula Museum. Councilmember Robarts questioned the grant allocation recipients from the Murrieta Valley School District and the City of Hemet. He asked why the City was funding other agencies. Staff responded that these had been recommended and approved by Council in February. City Manger Bradley stated that the rationale for approval could be reviewed and reported to the Council. Councilmember Roberts requested a more concise staff report next year concerning allocation of funds. Councilmember Parks stated that the two programs in question are available to Temecula residents as well. He also stated these are viable programs and stated he had no problem with this recommendation. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Lindemans to approve staff recommendation as follows: 5.1 Authorize the Mayor to execute the Supplemental Agreement for the 21 st Year Community Development Block Grant Funds. The motion was unanimously carried. Minutes\08\08\95 5 City Council Minutes August 8. 199S Establishins a Time Certain for the Temeculs Community Services District and the Temecula RedeveloDment Agencv Meetinas Councilmember Parks expressed concern that the public be aware of exact meeting times with establishing this schedule. Councilmember Birdsall stated that the Council will always have the option to change the agenda in special circumstances. It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Lindemans to approve staff recommendation to notice the Temecula Community Services District immediately following the completion of the Consent Agenda and the Temecula Redevelopment Agency meeting to follow the Community Services District meeting. The motion was unanimously carried. Transfer of Funds. Develooment Impact Fee (Public Facilities) to Measure "A" Funds Mayor Stone expressed concern regarding reimbursement while working with State and Federal processes. City Manger Bradley responded the City can not be certain that funds will be reimbursed. He also stated it could take months for the government to determine eligibility, however the costs are funded since the budget is submitted ahead of time. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to approve the transfer of funds to Measure "A" Fund as follows: 8.1 Appropriate $254,708 from the Development Impact Fee Fund (Public Facilities), and authorize the transfer of said amount to Measure "A" Fund. This was unanimously carried. Councilmember Birdsall expressed gratitude to Sierra Heating & Air Conditioning and Greater Alarm for their donation of inspection services at the new City Hall saving the City $2,500. PUBLIC HEARING 19. Abatement of Hazardous Veaetation from Vacant Lots or Parcels per Ordinance 91-18, Chaoter 6.16 Staff reported there were 1325 posted vacant parcels for non-compliance in City limits and 226 parcels have been recommended to the City Clerk for Special Assessments. Minutes\08\08\gS 6 CiW Council Minutes August 8. 1995 20. Councilmember Parks asked if the staff had been sensitive to property owners by giving proper timely notice before clearing the property. Staff responded the inclement weather had precipitated an early growth, however, owners were noticed well in advance and were noticed well in advance and wil be noticed 20 - 30 days later next year should this reoccur. Mayor Stone opened the Public Hearing at 7:45 P.M. Mayor Stone closed the Public Hearing at 7:45 P.M. It was moved by Councilmember Parks and seconded by Councilmember Roberts to approve the resolution as follows: 19.1 Adopt a resolution entitled: RESOLUTION NO. 95-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ORDERING CONFIRMATION OF SPECIAL ASSESSMENTSAGAINST PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF HAZARDOUS VEGETATION. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Ordinance AdootinQ the CMP Land Use Coordination Process · Public Works Director Joe Kicak presented the Ordinance according to State law. Staff recommends approval. Mayor Stone opened the Public Hearing at 7:50 P.M. There being none Mayor Stone closed the floor for Public Input at 7:50 P.M. It was moved by Mayor Pro Tem Lindemans and seconded by Councilmember Birdsall to approve the staff recommendation as follows: Minutes\08\08\95 7 City Council Minutes 20.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 95-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CMP LAND USE COORDINATION PROCESS The motion carried as follows: AYES: 5 COUNCILMEMBERS: NOES: Birdsall, Lindemans, Roberrs, Stone ABSENT: 0 COUNCIL BUSINESS 0 COUNCILMEMBERS: None COUNCILMEMBERS: None 21. 22. August 8. 1995 Parks, Mitiaated Negative Declaration for the Construction of Overland Drive between Ynez Road and Jefferson Avenue; EA-6 Revised Planning Director Gary Thornhill presented the staff report. It was moved by Councilmember Parks and seconded by Mayor Pro Tem Lindemans to approve staff recommendation as follows: 21.1 Adopt a Mitigated Negative Declaration for Environmental Assessment Number 6 Revised, the proposed construction of Overland Drive between Ynez Road and Jefferson Avenue. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Lindemans, Parks, Roberts, Stone NOES: I COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None Annexation of 310 acres to the City of Temecula by ADDrOving the Plan of Services and the Environmental Determination; and Consideration of Pre- Annexation Agreement Between the City of Temecula and Pulte Home Corporation Planning Director Gary Thornhill presented the staff report. This request is part of the Specific Plan that has been approved by the County of Riverside. The Temecula Planning Commission heard this request on August 7. Mr. Thornhill also advised the annexation request is conti.ngent upon LAFCO approval. Minutes\08\08\95 8 City Council Minutes Aum~st $. 1995 Mayor Stone called for a recess to change the tape at 7:59 PM. The meeting was reconvened at 8:00 P.M. Mayor Pro Tem Lindemans stated the City has 15,000 homes built to-date and another 15,000 homes to be constructed prior to build out. He said if build out occurs within 10 years, the City will expierence a deficit. He stated that the property tax is not enough to support the City at its current size. He requested staff to report on the long term benefit on annexing the Sphere of Influence. Councilmember Parks commented that the applicant has worked hard with city staff for several months and has made modifications to comply with the Specific Plan. Councilmember Roberts asked whet percentage of land is vacant in the city. Staff responded that 50% of the land has been developed in the City. He also reminded Council that Pulte at one time threatened to sue if they were included in the city limits. Mayor Stone asked City Manager Bradley if he was willing to stand behind the Fiscal Impact Report. City Manager Bradley responded he would like staff to analyze the report before making a recommendation to the Council. Mayor Stone opened the Public hearing at 8:15 P.M. Sanford Edward, 110 Newport Center Drive, Newport Beach, representing Pulte Homes, presented the applicant's points of issue. The project will incorporate various industrial and commercial developments. Pulte Homes now prefers to be in the City of Temecula rather than unincorporated County area. Dale Levander, 30429 Via Cambron, Rancho Palos Verdes, prepared the fiscal analysis and offered to answer questions of the Council. Mayor Pro Tem Lindemans asked how much it would cost to prepare a fiscal impact report for the city. Mr. Levander responded it would cost between $3,000- $5,000. Mayor Stone closed the public hearing at 8:45 P.M. Councilmember Birdsall requested Council consider the full picture and what message is projected to other Sphere of Influence citizens by not approving this proposed annexation. Mayor Pro Tem Lindemans stated that Council does have a say in what is included in the city limits and unless he sees a report that is financially favorable he is not in favor of annexation of any additional land. Minutes\08\08\95 9 City Council Minutes Aurast 8, 1995 Councilmember Parks expressed disappointment with Council's comments in opposition to annexation and believes the feeling of urbanization has been lost. He also stated that if the City does not allow annexation, Temecula will lose control of the type of development and density that will take place. Mayor Stone called for a recess to change the tape at 8:58 P.M. The meeting was reconvened at 9:00 P.M. Mayor Stone called for a break at 9:00 P.M. The meeting was reconvened at 9:11 P.M. Councilmember Roberrs stated the present Council may have different views. He stated Temecula has 50% undeveloped land, traffic problems and the flight plan of the French Valley Airport to consider. He said housing projects do not pay their way and he is in opposition to annexation. Mayor Stone stated he cannot support annexation without an analysis of the report. His calculations show a deficit may occur if the City annexs. He expressed a desire to provide a high level of services to the City of Temecula and not reduce those services in the future. He pointed out advantages to this project but the unknown future public infrastructure deficiencies should be considered. He recommended a workshop to answer these and other questions of the Council. Mayor Pro Tem agreed with Mayor Stone and stated that he was not against annexation if it is proved beneficial for the city. Councilmember Parks recommended this item be continued for 30 days to give staff time to come back with answers. Mayor Stone made a motion to schedule a workshop on annexation, seconded by Mayor Pro Tern Lindemans. Councilmember Parks amended the motion to schedule the workshop within 60 days and continue the public hearing to date after the workshop is held, the amended motion was seconded by Councilmember Birdsall. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes\08\08\g5 10 City Council Minutes August 8. 1995 Council directed staff to schedule a workshop on annexation. City Manager Bradley asked for clarification on contracting with independent consultants to prepare a fiscal impact report prior to the workshop. This matter will be brought back to Council for discussion and decision. Mayor Stone called for a recess at 9:29 P.M. to hold the scheduled Community Services District and Temecula Redevelopment Agency meetings. The meeting was reconvened at 9:35 P.M. CITY MANAGER'S REPORT City Manger Bradley announced the after hours phone number for Animal Control (354-7387). He also thanked staff for their work on the HUD project for the City of Temecula. CITY ATTORNEY'S REPORT None given. ADJOURNMENT The meeting was adjourned at 9:45 P.M. to a regular meeting on August 22, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Minutes\08\08\95 11 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD AUGUST 22, 1995 A regular meeting of the Temecula City Council was called to order at 7:05 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Jeffrey E.. Stone presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, 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 Reverend Joan Rich Egea, Church of Religious Science. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Birdsall. PRESENTATIONS/ PROCLAMATIONS Mayor Stone proclaimed September 9, 1995 to be "Kids Care Fair Day" and presented the proclamation to Tom Arbogast, representing Inland Valley Hospital. He also proclaimed 1995 to be "The Woman Suffrage Diamond Jubilee" and presented a proclamation to Pat Partin and Myrna Crowther, President of the Business and Professional Women's Club. -' PUBLIC COMMENTS Sam Pratt, 40420 Brixton Cove, addressed the City Council thanking City Clerk June Greek for her courteous and professional manner in assisting members of TOTAL while turning in their initiative petition. He also expressed his opinion that the City Council should be replaced with more responsive citizens. Pat Keller, P.O. Box 521, asked the City Council to delay the meeting of August 31, 1995, regarding the Owner Participation Agreement between the Temecula Redevelopment Agency and T.Z.B.G., to give the public more time to review it. CITY COUNCIL REPORTS Councilmember Birdsall thanked the Fire Department and Police Department for their efforts to save the homes on Pujol Street during the recent fire. Minutes\8~22\95 - 1 - 08/30/S5 City Council Minutes August 22, 1995 Mayor Pro Tem Lindemans asked that the Council give consideration to Mr. Jerry Regier's concerns regarding the Skateboard Park. Mayor Stone reported a meeting was held jointly with representatives from the City of Temecula, the City of Murrieta, the Temecula Valley Unified School District and the Murrieta Unified School District and the Riverside County Board of Supervisors regarding the Library Program· He reported that a request will be on the next Council agenda for funding to assist in restoring library services to 48 hours a week. He appealed to the community for their assistance in this matter and reported the next meeting of this group will be held on September 8, 1995, at the Main Conference Room, Temecula City Hall. Mayor Stone also reported on a problem that a number of businesses have encountered regarding non-licensed vendors coming into places of business to peddle their goods. He asked this be placed on the next agenda for discussion. CONSENT CALENDAR Councilmember Parks registered an abstention on Item No. 15. Mayor Stone abstained on Item No. 6. Regarding Item No. 10, Councilmember Roberts stated some of the streets reported completed in the Meadowview area are not complete· He asked that staff investigate and report back on this situation. City Manager Bradley requested the removal of Item No. 5 from the agenda. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberts to approve Consent Calendar Items 1-4 and 6-19 with Councilmember Parks abstaining on Item No. 15 and Mayor Stone abstaining on Item No. 6. The motion was carried as follows: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberrs, Stone None ABSENT: 0 COUNCILMEMBERS: None Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes%8\22~95 -2- 08/30/95 City Council Minutes August 22. 1995 Resolution ADDroving List of Demands 2.1 Adopt a resolution entitled: RESOLUTION NO. 95-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Combining Balance Sheets as of June 30, 1995 and the Statement of Revenues, Exoenditures and Changes in Fund Balance, and the Statement of Revenues, Exoenses and Changes in Retained Earnines for the Fiscal year ended June 30, 1995 3.1 Receive and file the Combining Balance Sheets as of June 30, 1995 and the Statement of Revenues, Expenditures and Changes in Fund Balance, and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Fiscal Year Ended June 30, 1995; 3.2 Approve the transfer of $47,570 in the Police Department budget from the account #001-170-99-5288 "Sworn Staff" to account #001-170-999-5234 "Rent/Facilities Charge"; 3.3 Approve the transfer of $20,857 in the Police Department budget from account #001-170-999-5288 "Sworn Staff" to account #001-170-999-5281 "Community Service Officers"; 3.4 Appropriate $10,000 in the General Fund Non-Departmental budget to account #001-199-999-5276"Sales Tax Reimbursements"; Contract Aareement for Street Address Numbering 4.1 Approve a contract agreement with Mr. Bruce Stewart, renewing an existing contract to provide address numbering services on an as-needed basis. Minutes\8\22\95 -3- 08/30/95 City Council Minutes August 22. 1995 6 8 9 Professional Services AQreement for Assessment Enaineerinq Services for the Western Bypass Corridor Assessment District 6.1 Approve an agreement between the City and John Egan and Associates, Inc., to provide Assessment Engineering Services for the Western Bypass Corridor Assessment District in the amount of $47,000 and 10% contingency in the amount of $4,700. The Agreement will be subject to the approval of the City Manager and the City Attorney as to final form; 6.2 Authorize the Mayor to execute the agreement and the City Clerk to attest. AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Parks, Roberrs NOES: 0 COUNCILMEMBERS: None " ABSENT: 1 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Stone Contact Amendment No. 9 to Community Facilities District 88-12 Enaineerina Services Contract with J.F. Davidson Associates, Inc. for the Overland Drive Overcrossing Improvement Project 7.1 Approve Contract Amendment No. 9 to provide additional geotechnical and right-of-way engineering services for CFD 88-12 by J.F. Davidson Associates, Inc. (JFD) for the Overland Drive Overcrossing Improvement Project in an amount not to exceed $32,260. Release Gradinc) Bond in Tract No. 27690 (located at the northeast corner of Winchester and Ynez) 8.1 Authorize release of the grading bond for Tract No. 27690 and direct the City Clerk to so notify the developer and surety. Release Warranty and Labor and Material Bonds in Tract No. 21820 (located at Kahwea Road Via Norte easterly) 9.1 Authorize the release of Faithful Performance Warranty and Labor and Materials Bonds in Tract No. 21820; 9.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors, the Developer and the Surety. Minutes\8\22%95 -4- 08/30/95 CiW Council Minutes Auoust 22. 1995 10. Solicitation of Construction Bids and AoDroval of Plans and Soecifications for the FY 95-96 Slurrv Seal Project (Proiect No. PW 95-18) 10.1 Authorize the Department of Public Works to solicit construction bids for Project No. PW 95-18, FY 95-96 Slurry Seal Project. 11. Summary Vacation of a Portion of Canterfield Drive and a Portion of Temecula Lane Subject to the Condition that a RealiQned Temecula Lane be Offered for Dedication 11.1 Adopt a resolution entitled: RESOLUTION NO. 95-7.J1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUMMARILY VACATE A PORTION OF CANTERFIELD DRIVE AND A PORTION OF TEMECULA LANE WITHIN TRACT NO. 21067 PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE, SUBJECT TO THE ASSOCIATED OFFER OF DEDICATION OF A REALIGNED TEMECULA LANE 12. 13. Solicitation of Construction Bids and ApprOval Of Plans and Winchester Road at Interstate 15. BridQe Widening and Improvements (PW 94-21 ) Soecifications for Northbound Ramp 12.1 Approve construction plans and specifications and authorize the Public Works Department to solicit public construction bids for Project No. PW 94-21, Winchester Road at Interstate 15, Bridge Widening and Northbound Ramp. Improvements subject to the approval and certification of the right-of-way by' Caltrans. Completion and Acceotance of the Rancho California Road Benefit District Improvements, Project No. PW 91-03 13.1 Accept construction of Project No. PW91-03- Rancho California Road Benefit District Improvements, as complete; 13.2 Direct the City Clerk to file the Notice of Completion; 13.3 Direct the City Clerk to release the Performance and Materials and Labor Bonds; 13.4 Authorize the Mayor to execute the Hold Harmless Agreement with "The Insco/Disco Group." Minutes%8%22~95 -5- 08/30/95 City Council Minutes August 22, 1995 14. 15. Comoletion and Acceptance of the Construction of the I-15/Rancho California Road Interchange Off-Ramos and SiQnals. Project No. PW91-04 14.1 Accept the construction of the 15/Rancho California Road Interchange Off- Ramps and Signals, Project No. PW91-04 as complete; 14.2 Direct the City Clerk to file the Notice of Completion; 14.3 Direct the City Clerk to release the Performance Bond and the Materials and Labor Bond. Professional Service Agreement for Geotechnical Observation and Testing with Soil Tech Inc., for Project No. PW93-09. Parkview Site Rough GradinQ Imorovements 15.1 Approve a Professional Service Agreement between the City of Temecula and Soil Tech, Inc. for Geotechnical Observation and Testing for Project No. PW 93- 09, Parkview Sire Rough Grading Improvements for $10,124; 15.2 Authorize the Mayor to execute the agreement and the City Clerk to attest; 15.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $1,012.40, which is equal to 10% of the contract amount; 15.4 Approve a transfer from the General Fund of $11,136.40to the Capital Projects Fund. AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Roberrs, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS': None ABSTAIN: 1 COUNCILMEMBERS: Parks 16. ADOroOriation Of Funds to General Fund Emeraencv Relief Department Budset 16.1 Appropriate an additional $100,895 to the General Fund Emergency Relief Department Budget for expenditures incurred for disaster relief from floods occurring in March 1995. Minutes\8\22\95 -6- 08/30/95 City Council Minutes Auouet 22. 1995 17. 18. 19. Resolution to Establish Entertainment License Fees 17.1 Adopt a resolution entitled: RESOLUTION NO. 95-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLIS HI NG ENTERTAINMENT LICENSE FEES FOR THOSE ENTERTAINMENT ESTABLISHMENTS COVERED IN CHAPTER 9.10 OF THE TEMECULA MUNICIPAL Unified ProQram AQencv Desianation for Hazardous Waste and Hazardous Materials Management 18.1 Adopt a resolution entitled: RESOLUTION 95-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING THE COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH AS A UNIFIED PROGRAM AGENCY FOR HAZARDOUS WASTE AND HAZARDOUS MATERIALS MANAGEMENT Second Reading of Ordinance AdoDtina Conaestion Manaaement Program 19.1 Adopt an Ordinance entitled: ORDINANCE NO. 95-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CMP LAND USE COORDINATION PROCESS Mayor Stone adjourned the City Council meeting to the Temecula Community Services District meeting at 7:51 PM. Following the Community Services District Meeting and the Redevelopment Agency Meeting, the Council adjourned to a closed session pursuant to Government Code Sections: 54956.9, Pending Litigation, Mittleman vs. City of Temecula. Mayor Stone reconvened the City Council Meeting at 8:17 PM. Minutes\8\22\95 -7- 08/30/95 City Council Minutes August 22. 1995 PUBLIC HEARINGS 20. 21 Plannina ADDliCatiOn PA 95-0023, Development Aareement for Van Daele 79 Venture. LTD. Community Development Director Gary Thornhill presented the staff report. Mayor Stone opened the public hearing at 8:20 PM. Bryce Kittie, representing the Developer, stated he was available for questions. Mayor Stone closed the public hearing at 8:21 PM. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemans to approve staff recommendation as follows: 20.1 Adopt the Negative Declaration for PA95-0023; 20.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 95-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING AN AMENDMENT AND RESTATEMENT OF THE DEVELOPMENT AGREEMENT NO. 5 BETWEEN THE CITY OF TEMECULA AND VAN DAELE 79 VENTURE, LTD. FOR FINAL TRACT MAPS NO. 22716-FINAL, 22716-2, 227164 AND TENTATIVE PARCEL MAP 28122 WITHIN SPECIFIC PLAN NO. 199 The motion was unanimously carried. Reauest to Desianate Property at Lvndie Lane and Ynez Road as "No Skateboarding. Rollerbladina or Similar Activity . Community Development Director Gary Thornhill presented the staff report. Councilmember Roberrs asked if the recommendation includes the two banks located in this center. Community Development Director Thornhill stated the banks are not part of this request. Mayor Stone opened the public hearing at 8:25 PM. Andrea Passow, 39733 Wildflower Drive, Murrieta, representing Layton-Belling & Associates, requested staff recommendation be approved due to the dangerous situation and property damagecaused by skateboarding and rollerblading in the center. Minutes%8\22%95 -8- 08/30/95 City Council Minutes August 22. 1995 She explained that many times, people participating in skateboarding and rollerblading will not leave when asked, and this would provide a means of enforcement. Mayor Stone asked if any claims have been filed. Ms. Passow stated that no claims have been filed to date, but the property owners and tenants certainly wish to avoid this situation. She did state that property damage has occurred. Christine Turner, 28636 Front Street, Suite 107A, speaking on behalf of Jerry Regier, read a letter into the record addressing the need for a facility for extreme in-line skating. Justin Regier, 41792 Borealis Drive, requested the plans of the skate board park be modified to include half pikes or rails to challenge in-line skaters. Brad Munoa, 32020 Camino Merea, stated the numbers of skateboarders in Temecula has decreased while in-line skating has greatly increased and requested the focus should be placed on skating rather than skateboarding. Mike Palmer, 31102 Shicali Ct., stated he would be willing to sign a liability waiver to reduce the risk to property owners at shopping centers. He stated that skating is a means of transportation and it will be difficult to find other means of transportation. Mayor Stone stated it would be difficult to make changes-to the Skate Board Park at this point, however he would be happy to work with the community to look at possibly constructing another facility. Adam Munoa, 32020 Camino Merea, stated the in-line skaters are being stereotyped as skateboarders, and they are a different group. He explained they are kids having. a good time doing their sport. Patti Smith, 29825 Vail Brook, stated she is a candidate for school board and is concerned regarding youth of the community having activities available to them. She also expressed concern about the vagueness of the ordinance as it relates to areas where skating will be allowed and where it is not. Community Development Director Gary Thornhill stated the police will have to use discretion in these issues since the affected property is not easily bounded by a fence or other physical barriers. He explained the intent is to simply post the property and have police officers available if skaters do not leave when asked to. Patti Smith also expressed concern that a third offense is a misdemeanor and this would give a young person a criminal record. She asked that the skate board park be integrated to address both skateboarding and in-line skating. Minutes\8%22%95 -9- 08/30/95 City Council Minutes Auouet 22. 1995 Holly Palmer, 31102 Shicali Court, expressed concern that youths use rollerblading as a means of transportation and expressed concern that they will be stopped going through parking lots in route to various destinations. She also asked that if this resolution is passed that it be made clear exactly where skating is allowed and where it is prohibited. Ms. Palmer expressed concern that the skate park is being consutructed using concrete instead of wood, and asked if a fee will be charged for this facility. Senior Management Analyst Phyllis Ruse, stated the fee has not been finalized, however it is proposed that City residents could purchase a resident card for $1/year and non-residents would pay a use fee. She stated she has spoken with Mr. Regier regarding the master plan and he seemed to think it would provide some challenge. She explained that when the facility was designed, it was as an integral unit using site distances and fall zones and to add things as an afterthought may hurt the integrity and safety of the overall facility. She reported this facility was designed to accommodate a number of different levels, but the City would be receptive to looking at a more challenging facility in another area. Mayor Stone closed the public hearing at 9:00 PM. Community Development Director Thornhill suggested posting areas around the building themselves and not posting the parking lot area to address the concerns of not having the parking area designated exactly where the skateboarding and in-line skating is and is not permitted. Mayor Stone suggested contacting the other property owners in the Tower Plaza to see if they would be interested in participating so that the entire center is included. It was moved by Councilmember Parks seconded by Councilmember Roberts to approve staff recommendation as follows: 21.1 Adopt a resolution entitled: RESOLUTION NO. 95-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING PRIVATE PROPERTY AT 42145 LYNDIE LANE AND 27555 YNEZ ROAD AS A "NO SKATEBOARDING, ROLLERBLADING OR SIMILAR ACTIVITY AREA" PURSUANT TO CHAPTER 10.36 OF THE TEMECULA MUNICIPAL CODE The motion was unanimously carried. Minutes~8\22\95 - 10- 08/30/95 City Council Minutes Auoust 22, 1995 COUNCIL BUSINESS RECESS Old Town Specific Plan Amendments Mayor Stone announced a conflict of interest and turned the meeting over to Mayor Pro Tem Lindemans. Senior Planner John Meyer presented the staff report. Councilmember Birdsall requested a workshop be held on this issue and expressed concerns over boundaries. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to set up a workshop for Council input. The motion failed by the following vote: AYES: 1 COUNCILMEMBERS: Birdsall NOES: 3 COUNCILMEMBERS: Lindemans, Parks, Roberts ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Stone It was moved by Councilmember Roberts, seconded by Councilmember Parks to direct staff to proceed with a staff initiated Specific Plan Amendment with specific emphasis on resolving the boundaries in question. The motion was unanimously carried with. Mayor Stone abstaining. Mayor Pro Tem Lindemans returned the meeting to Mayor Stone who called a brief recess at 9:16 PM to change the tape. The meeting was reconvened at 9:17 PM. Commissioned Artwork for New City Hall Human Resources Administrator Grant Yates presented the staff report, Mayor Stone thanked Mr. Preecha Nillpraphan for his gracious offer. Councilmember Roberts suggested leaving the selection of content to Mr. Nillpraphan, but added, of the four alternatives, he prefers the historical setting. Minutes\8\22\95 -11- 08/30/95 City Council Minutes Auoust 22, 1995 Mayor Stone stated he would also like to see historical observations, with the wineries also represented. Councilmember Parks and Mayor Pro Tem Lindemans stated they preferred the Duck Pond option stating it has been there for years and it represents the entrance to the City. Councilmember Birdsall agreed with leaving it up to the artist but preferred the choice of a panoramic view of the City. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Lindemans to approve staff recommendation to gratefully accept the donation and to ask that the subject be selected by and at the discretion of the artist. The motion was unanimously carried. 7. ProDosed Keeo Temecula Clean "Adoot-A-Street" Acknowledaement Sign Size Public Works Director Joe Kicak presented the staff report showing the sizes of two proposed signs. It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Lindemans to refer this item to staff with direction to increase the size to 30" x 30" and to modify the text to make it more readable. The motion was unanimously carried. 8. Beer and Wine Licenses Community Development Gary Thornhill presented the staff report. It was moved by Councilmember Parks, seconded by Councilmember Roberts to designate the Planning Commission to serve as the approval agency and the City Council to serve as the Appeals agency. 'The motion was unanimously carried. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT City Attorney Thorson reported that there was no action to report regarding the closed session. Minutes%8%22~,95 -12- 08/30/95 City Council Minutes Auoust 22. 1995 ADJOURNMENT It was moved by Councilmember Parks seconded by Mayor Pro Tem Lindemans to adjourn at 9:40 PM to a Special Joint City Council/Redevelopment Agency Public Hearing, August 31, 1995, Rancho California Water District Board Meeting Room, 42135 Winchester Road, Temecula, California. Next regular meeting: September 12, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, CMC, City Clerk Minutes~8\22\95 -13- 08/30/95 ITEM 3 RF~OLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECIHA At~LOmeff~G CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN E.XHaBIT A THE CiTY COUNCIL OF THE CITY OF ~ DOES RESOLVE, DETERM]N~ AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Man .ager, and that the same ar~ hereby allowed in the mount of $750,450.57. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 12th day of September, 1995. ATFEST: Jeffrey E. Stone, Mayor 1une S. Greek, CMC, City Clerk [SEAL] R~so, 84 I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 95- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 12th day of September, 1995 by the following roll call vote: CO~CILMEMBERS: NOES: CO~CILMEMBERS: CO~CILMEMBERS: June S. Greek, CMC, City Clerk Re~o, 84 2 CITY OF TEMECULA LIST OF DEMANDS 08117/95 TOTAL CHECK RUN; 08/24/95 TOTAL CHECK RUN: 08/31 j95 TOTAL CHECK RUN: 09/12/95 TOTAL CHECK RUN: 08/24/95 TOTAL PAYROLL. 25.374.11 102,295.42 ' ' 56,861 448,947 14 116,972.24 TOTAL LIST OF DEMANDS FOR 09/12/95 COUNCIL MEETING: $ 750.450.57 DISBURSEMENTS BY FUND: CHECKS 001 GENERAL $ 343,672.66 100 GAS TAX 34,886.29 120 DEVELOPMENT IMPACT FUND 1,410.00 14o COMMUNITY DEV BLOCK GRANT 0.00 165 RDA-LOW/MOD 134.60 190 COMMUNITY SERVICES DISTRICT 34,849.72 191 TCSD SERVICE LEVEL A 5.402.77 192 TCSD SERVICE LEVEL B 282.37 193 TCSD SERVICE LEVEL C 49,636.96 194 TCSD SERVICE LEVEL D 166.04 210 CAPITAL IMPROVEMENT PROJ (CIP) 72, 119.93 220 MARGARITA ROAD REIMB. DIST. 0.00 250 CAPITAL PROJECTS - TCSD 0.00 280 RDA-CIP 24,202.83 300 INSURANCE 2,187.97 31 o VEHICLES 0.00 320 INFORMATIONS SYSTEMS 25,659.75 330 SUPPORT SERVICES 17.084.05 340 FACILITIES 21,782.39 380 RDA-DEBT SERVICE 0.00 390 TCSD DEBT SERVICE 0.00 PAYROLL: 001 GENERAL $ 67,750.20 100 GAS TAX 12,162.45 165 RDA-LOW/MOD 294.39 190 TC S D 27, 437,99 191 TCSD SERVICE LEVEL A 566.94 192 TCSD SERVICE LEVEL B 637.26 193 TCSD SERVICE LEVEL C 1,830.64 194 TCSD SERVICE LEVEL D 370.71 280 RDA-CIP 1,285..44 300 INSURANCE 569.32 320 INFORMATION SYSTEMS 1,224.27 330 SUPPORT SERVICES 709.47 340 FACILITIES 2,132.96 116,972.24 PREPARED RETA ~y,~STO I,GE , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. I'RONALD E. BRADLEY. CITY MANAGER r~ CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 08/17/95 14:53 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COMMUNITY SERVICE~ DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 300 INSURANCE FUND 320 INFORMATION SYSTEMS SUPPORT SERVICES 340 FACILITIES TOTAL AMOUNT 8,127.52 350.27 2,939.87 1,295.59 2,128.56 1,779.15 1,454.52 7,158.63 140.00 25,374.11 VOUCHRE2 r '95 VOUCHER/ CHECK NUMBER 24996 24997 25001 25002 25003 25004 25004 25005 25006 25007 25007 25007 "'q8 25008 25008 25008 25008 25009 25009 25010 25011 25012 25013 25013 25013 25013 25013 25013 25014 25014 14:53 CHECK DATE 08/14/95 08/14/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 VENDOR NUMBER 001974 001375 001895 001425 000747 000101 000101 000127 000127 000127 000131 000131 000131 000131 000131 000131 000131 001555 000144 000155 001002 001002 001002 001002 001002 001002 000643 000643 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR iTEM NAME DESCRIPTION BILUS TRACTOR & BACKHO RE-ISSUE:WEED ABATEMENT FY94/5 AMERICAN CONSTRUCTION EARTH~RKS gKSHP:MANGUSING:8/19 A T & T - VAN NUYS 909 695-3539 GEN AIRTOUCH CELLULAR CORP. LA6015202080195 TH CELLULAR AMERICAN PLANNING ASSOC BOOK:PLANNING COMM GUIDE APPLE ONE, INC. APPLE ONE, INC. TEMP HELP W/E 07/29 COTA TEMP HELP W/E 08/05/95 COTA BARTLETT, SALMA REFUND-TCSD CLASS BAYSINGER, SCOTT REFUND-ROOM RENTAL CALIFORNIAN, INC. 'LEGA CALIFORNIAN, iNC. -LEGA CALIFORNIAN, INC. -LEGA NEWSPAPER SUBSCRIPTION NEWSPAPER SUBSCRIPTION PUBLIC NOTICES-ADVANCE PLANNIN CARL WARREN & CO. CARL WARREN & CO. CARL WARREN & CO. CARL WARREN & CO. CARL WARREN & CO. CARL WARREN & CO. CARL WARREN & CO. INC. MITTELNAN, JOHN - 08/19/93 INC. ACME RENTS, INC. - 05/12/95 iNC. ARDITH, DESWITH - 02/24/94 INC. GRIFFIN, JAMES - 10/12/94 INC. CALLAHAM, DANIELLE ' 8/24/94 INC. HANADA, TON - 10/15/94 INC. GTE CAL - 03/09/95 CARTWRIGHT, DEBBIE CARTWRIGHT, DEBBIE CHRISTOPHERSON FIRE PRO REFUND-TCSD CLASS REFUND-TCSD CLASS FIRE SYSTEM TESTING FOR CRC COSTCO WHOLESALE CORPOR DAY CAMP SUPPLIES DAVLIN TAPING OF 8/7 PLAN CONM MTG FIRST INTERSTATE BANK C FIRST INTERSTATE BANK C FIRST INTERSTATE BANK C FIRST INTERSTATE BANK C FIRST INTERSTATE BANK C FIRST INTERSTATE BANK C 5473 6664 0391 0172 RB 5473 6664 0391 0115 JG 5473 6664 0391 0206 GR 5473 6664 0391 0123 GT 5473 6664 0391 0123 GT 5473 6664 0391 0057 SN FORTNER HARDWARE, INC. MISC HARDWARE SUPPLIES FORTNER HARDWARE, 1NC, MISC HARDWARE SUPPLIES ACCOUNT NUMBER 001-162-999-5440 001-163-999-5261 320-199-999-5208 320-199-999-5208 001-161-501-5228 190'180r999'5118 001-140-999-5118 190 - 183 - 4982 190-18~-4990 001-161-501-5228 001-161-502-5228 001-161-502-5256 300-199-999-5205 300-199-999-5Z05 300-199-999-5205 300-199-999-5205 300-199-999-5205 300-199-999-5205 300-199-999-5205 190-183-4982 190-183-4982 190-182-999-5250 190-183-999-5340 001-161-501-5250 001-150-999-5260 001-120-999-5258 001-140-999-5260 001-161-502-5260 001-161-501-5260 190-180-999-5260 190-180-999-5212 190-180-999-5212 ITEM AMOUNT 1,420.00 75.00 5.16. 134.62 26.95 30.96 247.68 25.00 10.00 23.82 23.81 65.82 960.50 239.88 72.13 129.25 17.88 152.38 207.13 14.00 14.00 65.00 150.00 143.32 28.57 5.00 45.00 31.12 31.12 33.73 57.21 25.50 PAGE 1 CHECK AMI3JNT 1,420.00 75.00 5.16 134.62 26.95 278.64 25.00 10.00 113.45 1,779.15 28.00 65,00 150.00 143.32 174,54 82.71 25015 08/17/95 000170 FRANKLIN QUEST COMPANY, MISC DAY CALENDER SUPPLIES 001-161-501-5220 29.53 )-~315 08/17/95 000170 FRANKLIN QUEST COMPANY, MlSC DAY CALENDER SUPPLIES 001-161-502-5220 29,52 59.05 VOUCHRE2 08/17/95 VOUCHER/ CHECK NUMBER 25016 25016 25017 25018 25018 25018 25018 25019 25019 25020 25020 25021 25022 25023 25024 25025 25026 25026 25027 25028 25029 25030 25031 25032 25032 25032 25032 25032 25032 25033 25033 25033 25033 14:53 CHECK DATE 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 VENDOR VENDOR NUMBER NAME 000184 G T E CALIFORNIA - PAYM 000184 G T E CALIFORNIA - PAYM 001355 G T E CALIFORNIA, INC, 000177 GLENNIES OFFICE PRODUCT 00017'7 GLENNIES OFFICE PRODUCT 000177 GLENNIES OFFICE PRODUCT 000177 GLENNIES OFFICE PRODUCT 000175 GOVERNMENT FINANCIAL OF 000175 GOVERNMENT FINANCIAL OF 001609 GREATER ALARM COMPANY, 001609 GREATER ALARM COMPANY, HAYES~ KRISTINE HOLT, ELLEN 000796 I C B 0 000193 I C N A - ANNAPOLIS JUN 001407 INTER VALLEY POOL SUPPL 001667 KELLY TEMPORARY SERVICE 001667 KELLY TEMPORARY SERVICE 000206 KINKO~S OF RIVERSIDE, I 000488 KNOTT'S BERRY FARM 000380 LAIDLAW TRANSIT, INC. 000596 LEAGUE OF CAL. CITIES 001513 LIBERTY AUTO CENTER 000228 MOBIL~ INC. 000228 MOBIL, INC. 000228 MOBIL, INC. 000228 MOBIL, INC. 000228 MOBIL, INC. 000228 MOBIL~ INC. 001892 MOBILE MODULAR 001892 MOBILE MODULAR 001892 MOBILE MODULAR 001892 MOBILE MODULAR CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 909 694-1211 POLICE DEPT 909 694-6400 GEN USAGE MNTHY ASSCESS CHRGES MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES MISC OFFICE SUPPLIES MEMBERSHIP-NcLARNEY & M.ROBERT MEMBERSHIP-McLARNEY & M,ROBERT ALARM MONITORING-CITY HALL ALARM MONITORING-STORAGE REFUND-TCSD CLASS REFUND-TCSD CLASS MEMBERSHIP FOR A. ELMO RPTS ON OPEN SPACE & SIGNS CRC POOL CHEMICALS TEMP HELP W/E 7/30 LUJAN TEMP HELP W/E 8/06 LUJAN ROLL OF LAMANANATION-TCSD DAY CAMP FIELD TRIP BUS TO CASTLE PRK FOR DAY CAMP PLAN CORM ORENTATION-BARSTOW CITY VEHICLE REPAIRS-B & S FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES LEASE PMT-INTERIM FIRE # 8926 TAX LEASE PMT-INTERIM FIRE #9010 TAX ACCOUNT NUMBER 320-199-999-5208 320-199-999-5208 320-199-999-5208 001-162-999-5220 001-140-999-5220 001-140-999-5220 001-140-999-5220 001-140r999-5226 001-110-999-5226 340-199-999-5250 340-199-999-5250 190-183-4975 190-183-4982 001-162-999-5226 001-161-501-5228 190-182-999-5212 001-140-999-5118 001-140-999-5118 190-183-999-5310 190-183-999-5340 190-183-999-5340 001-161-501-52TZ 001-162-999-5214 001-161-501-5262 001-161-501-5262 001-161-502'5262 001-162-999-5263 001-170-999-5262 190-180-999-5263 001-171-999-5470 001-171-999-5470 001-171-999-5470 001-171-999-5470 l TEN AMOUNT 319.49 520.09 350.00 5.82 17.67 72.47 128.21 117.50 117.50 105.00 35.00 25. O0 38. O0 25.00 45.35 257.03 442. O0 442. OO 17.78 883.50 253.20 50.00 70.55 22.13 6.78 6.78 22.40 8.14 25.38 905.00 70.14 685. O0 53,09 PAGE 2 CHECK AMOUNT 839.58 350.00 224.17 235. O0 140.00 25.00 38.00 25.00 257.03 884.00 17.78 883.50 253.20 50.00 70.55 91.61 VOUCHRE2 CITY OF TEMECULA '/95 14:53 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER MANE DESCRIPTION NUMBER ITEM AMOUNT CHECK ~NT 25034 08117195 000437 MORELAND & ASSOCIATES AUG 95 AUDIT SERVS 001-140-999-5248 25034 08/17/95 000437 MORELAND & ASSOCIATES AUG 95 AUDIT SERVS 001-140-999-5248 37.33 839.87 877.20 25035 08/17/95 001599 NORTH COUNTY BASKETBALL BASKETBALL ASSIGNMENT FEES 190-183-999-5380 45.00 45.00 25036 08/17/95 ODDY, ANNE REFUND-TCSD CLASS 190-183-4982 38.00 38.00 25037 08/17/95 ORTENZO, BEV REFUND-TCSD CLASS 190-183-4975 25.00 25.00 25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 001-100-~99-5250 25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 320-199-999-5238 25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 001-163-999-5250 25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 100-164-601-5238 25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 001-165-999-5238 25038 08/17/95 001561 PAGENET - PAGING NETk~)R PAGING SERVS-AUG 95 001-120-999-5250 25038 08/17/95 001561 PAGENET - PAGING METEOR PAGING SERVS-AUG 95 001-170-999-5242 25038 08/17/95 001561 PAGENET - PAGING NETWOR PAGING SERVS-AUG 95 190-180-999-5250 25038 08/17/95 001561 PAGENET - PAGING NET~K)R PAGING SERVS-AUG 95 001-162-999-5238 25039 08/17/95 000249 PETTY CASH PETTY CASH REINBURESMENT 001-161-502-5230 25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 001-100-999-5250 ~39 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESIqENT 190-183-999-5320 ;9 08/17/95 000249 PETTY CASH PETTY CASH REINBURESNENT 001-165-999-5260 _~d39 08/17/95 000249 PETTY CASH PETTY CASH REINBURESNENT 001-110-999-5260 25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESHENT 190-180-999-5260 25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESNENT 001-140-999-5220 25039 08/17/95 000249 PETTY CASH PETTY CASH REINBURESNENT 001-100-~-5250 25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 001-140-999-5260 25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESNENT 190-180-999-5220 25039 08/17/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 190-180-999-5268 19.29 19.95 15.00 15.00 7.50 7.50 30.00 75.00 22.50 19.01 17.88 49.43 15.00 28.02 13.57 39.34 11.45 13.20 13.95 3.23 211.74 224.08 25040 08/17/95 000580 PHOTO t,K)RKS FILM & PHOTO DEVELOPING 001-161-501-5250 11.31 11.31 25041 08/1TI95 000253 POSTMASTER EXPRESS MAIL 001-161-501-5230 25041 08/17/95 000253 POSTMASTER EXPRESS NAIL 001-161-502-5730 25041 08/17/95 000253 POSTMASTER EXPRESS NAIL 001-110-999-5230 25041 08/17/95 000253 POSTMASTER EXPRESS MAIL 001-120-999-5230 12.B 12.87 10.75 103.25 25042 08/17/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVS 190-180-999*5212 52.12 52.12 25043 08/17/95 001364 R C P BLOCK & BRICK, IN TWO GRAFFITI REMOVERS - QUART 100-164-601-5218 25043 08/17/95 00136/, R C P BLOCK & BRICK, IN TAX 100-164-601-5218 135.00 10.46 145.46 25044 08/17/95 000947 RANCHO BELL BLUEPRINT C LEGAL NAPS AND DOCUMENTS 25044 08/17/95 000947 RANCHO BELL BLUEPRINT C LEGAL MAPS AND DOCUMENTS 001-161-501-5224 001-161-502-5224 6.06 6.06 12.12 25045 08/17/95 000262 RANCHO CALIFORNIA WATER WATER SERVS 6/26 - 7/27/95 190-180-999-5240 25045 08/17/95 000262 RANCHO CALIFORNIA WATER WATER SERVS 6/26 - 7/27/95 191-180-999-5240 25045 08/17/95 000262 RANCHO CALIFORNIA WATER WATER SERVS 6/26 - 7/27/95 193-180-999-5240 ~6 08/17/95 000418 RIVERSIDE CO. CLERK & R APERTURE CARDS DUPLICATES 001-163-999-5220 428.08 111.06 2,128.56 5.00 2,667.7O 5.00 VOUCHRE2 08/17/95 VOUCHER/ CHECK NUMBER 25047 250/+7 25047 25048 25049 25050 25050 25050 25050 25051 25052 25052 25052 25052 25052 25052 25052 25052 25052 25052 25052 25052 25052 25052 25052 25052 25052 25052 25053 25054 25055 25055 25056 25056 25056 25056 25056 14:53 CHECK DATE 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08117195 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 08/17/95 VENDOR NUMBER 000988 000537 000537 000537 000537 001212 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 0003?5 000307 000854 000854 000345 000345 000345 000345 000345 VENDOR NAME SCHLANT, DOLORES SCHLANT, DOLORES SCHLANT, DOLORES SCONZO, RENEE SOLANO PRESS BOOKS SOUTHERN CALIF EDISON - SOUTHERN CALIF EDISON - SOUTHERN CALIF EDISON - SOUTHERN CALIF EDISON - SOUTHERN CALIF GAS CONP SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALZF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CAL]F TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CAL]F TELEPHON SOUTHERN CALIF TELEPHON STEINBACH, JANIE TEMECULA TROPHY CO. URBAN LAND INSTITUTE URBAN LAND INSTITUTE XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILL] XEROX CORPORATION BILL] XEROX CORPORATION BILL] CiTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REFUND-PRKING CITATION DISMISS REFUND-PRKING CITATION DISHISS REFUND-PRKING CITATION DISMISS REFUND-SWIMMING LESSON CAL LAND USE & LAW 14TH EDITXO 52-77-919-1025-01 ELECT SERVS 56-77-755-0157-01 ELECT SERVS 56-7'7-755-0169-01 ELECT SERVS 59-77-416-2147-01 ELECT SERVS 07-8274-036-1451-3 GAS SERVS 909 202-4765 BB 90o 202-4764 BB-PW BLAZER 909 202-4760 JH 909 202-4769 JS 909 202-4204 KL 909 202-4763 PB 909 202-4762 RP 909 202-4?58 RR 909 Z05-4070 MJM 909 202-47'70 RB 909 202-4?57 JG 909 205-7826 GR 909 202-5153 GY 909 202-4767 GT 909 202-4767 GT 909 202-9876 HP 909 312-0474 EOC 909 202-4756 EOC a KRTM REFUND-TCSD CLASS SPORTS PROGRAMS TROPHYS BODKS:MSTR PLAN CONM:SUB SHOP BOOKS:MSTR PLAN CONM:SUB SHOP METER USAGE a .O065/COPY-JUL TAX 5100 COPIER MONTHLY LEASE-JUL 5100 COPIER MONTHLY LEASE-AUG TAX ACCOUNT NUMBER 001-2260 001-2265 001-170-4055 190-183-4975 001-161-501-5228 191-180-999-5240 191-180-999-5319 191-180-999-5319 191-180-999-5240 190-181-999-5240 100-164-601-5208 100-164-601-5208 100-16~-603-5208 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-110-999-5208 001-110-999-5208 001-120-999-5208 001-140-999-5208 001-150-999-5208 001-161-501-5208 001-161-502-5208 190-180-999-5208 320-199-999-5208 320-199-999-5208 190-183-4975 190-183-999-5380 001-161-501-5228 001-161-502-5228 330-199-999-5239 330-199-999-5239 330-199-999-5239 330-199-999-5239 330-199-999-5239 ITEM AMOUNT 5.00 50.00 295.00 25.00. 48.05 915.52 202.93 50.13 15.95 20.87 46.18 81.99 61.64 47.82 60.13 38.42 163.20 70.09 109.51 ~.01 102.74 89.68 92.57 37.47 37.47 46.25 67.09 38.12 25.00 154.08 21. O0 21.00 1,101.05 85.34 2,986.12 2,771.34 214.78 PAGE 4 CHECK AMOUNT 350.00 25.00 48.05 1,184.53 20.87 1,234.38 25.00 154.08 42.00 7,158.63 TOTAL CHECKS 25,374.11 VOUCHRE2 0' 17:17 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 165 RDA DEV- LOW/NOD SET ASIDE 190 COMMUNITY SERVICES DiSTRiCT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELORMENT AGENCY - 300 iNSURANCE FUND 320 INFORMATION SYSTENS SUPPORT SERVICES FACILITIES TOTAL AMOUNT 36,080.18 25,978.49 134.60 20,836.21 234.91 282.37 6,243.43 166.04 2,246.07 4,252.60 408.82 4,209.59 262.94 959.17 102,295.42 VOUCHRE2 08/24/95 17:17 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK NUMBER 24998 557838 557838 557838 557838 557838 557838 557838 557838 557838 557838 5578.$8 557838 557838 557838 557838 557838 557838 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587849 587~Y~9 587849 25063 25063 25064 CHECK DATE 08/15/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 VENDOR NUMBER 000310 000444 000444 000444 000~44 0004~4 000~ 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000283 000283 000283 000283 000283 000283 000283 00028.'3 00028~ 000283 000283 00028] 000283 00028.$ 000283 000283 00028~ 000283 000283 000283 000283 000283 000283 000283 000283 000283 000724 000724 001515 VENDOR NAME TEMEOULA CREEK INN, INC FIRSTAX CEDD) FIRSTAX (EDD) FIRSTAX CEDD) FIRSTAX CEDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX CEDD) FIRSTAX CEDD) FIRSTAX CEDD) FIRSTAX CEDD) FIRSTAX (IRS) FIRSTAX CIRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX CIRS) FIRSTAX (IRS) FIRSTAX CIRS) FIRSTAX CIRS) FIRSTAX CIRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX (IRS) FIRSTAX CIRS) FIRSTAX (IRS) FIRSTAX CIRS) FIRSTAX (IRS) FIRSTAX (IRS) A & R CUSTOM SCREEN PRI A & R CUSTOM SCREEN PRI A S A P TRUCK TRACTOR & ITEM DESCRIPTION pROMOTIONAL SPONSORSHIP 000/~+4 SDI 000444 SDI 000444 SDI 000444 SDI 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000~ STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000/+44 STATE 000444 STATE 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 00028] FEDERAL 00028] FEDERAL 00028~ FEDERAL 000283 FEDERAL 000Z83 FEDERAL 000Z83 FEDERAL 000Z83 FEDERAL 000Z83 FEDERAL 000283 FEDERAL 000283 NEDICARE 000283 MEDICARE 000283 MEDICARE 000283 NEDICARE 00028.$ MEDICARE 000283 MEDICARE 000283 NED]CARE 00028] MEDICARE 000283 NEDICARE 000283 NEDICARE 000283 NEDICARE 000283 NEDICARE 000283 NEDICARE DAY CAMP T-SHIRTS TAX 1dEED ABATEMENT- k/OLF VALLEY RD ACCOUNT NUMBER 280-199-999-5264 001-2070 100-2070 190-2070 280-2070 001-2070 100-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 100-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 100-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 190-18~-999-5340 190-18~-999-5340 100-164-601-5402 ITEM AMOUNT 2,500.00 51.07 8.00 132.11 1.28 2,810.28 433.10 8.72 619.66 14.73 9.33 40.26 14.00 35.17 36.54 87.69 18.97 16.18 10,301.39 1,878.67 35.04 3,301.38 82.66 73.80 2]6.57 64.54 153.22 124.2] 344.39 105.98 :135.09 2,492.71 440.86 13.44 962.70 19.56 2].58 62.02 13.36 .47.62 21.63 57.94 23.38 69.80 198.00 15.35 990.00 CHECK AMOUNT 2,500.00 4,337.09 21,085.56 213.35 VOUCHRE2 '95 17:17 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 25064 08/24/95 001515 25064 08/24/95 001515 25064 08/24/95 001515 25065 08/24/95 001912 25066 08/24/95 25067 08/24/95 000747 25067 08/24/95 000747 25068 08/24/95 000101 25069 08/24/95 25070 08/24/95 25071 08/24/95 001414 25072 08/24/95 000129 "'73 08/24/95 000126 _ ,/4 08/24/95 000984 25075 08/24/95 000502 25076 08/24/95 000152 25077 08/24/95 000151 25078 08/24/95 000127 25079 08/24/95 000950 25080 08/24/95 000131 25081 08/24/95 001535 25081 08/24/95 001535 25082 08/24/95 001714 25083 08/24/95 001669 25084 08/24/95 001722 25085 08/24/95 001056 25086 08/24/95 000165 2SJ386 08/24/95 000165 S 08/24/95 000165 CZTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM NAHE DESCRIPTION A S A P TRUCK TRACTOR & A S A P TRUCK TRACTOR & A S A P TRUCK TRACTOR & ALLNON, VYLANI AMERICAN COURIER WEED ABATEMENT-YNEZ RD I,/EED ABATEMENT-PALA RD MEED ABATENENT-DEPORTOLA RD TCSD INSTRUCTOR EARNINGS COURIER SERVS FOR RDA PAPS AMERICAN PLANNING ASSOC MEMBERSHIP DUES-GARY THORNHILL AMERICAN PLANNING ASSOC APPLE ONE, INC, BARTLETT, SALPA BONNARD, LAURIE BRADLEY, RONALD E. CAL WEST RENTAL CENTER, CALIFORNIA LANDSCAPE PA CALIFORNIA PAIN STREET CALIFORNIA MUNICIPAL ST CALIFORNIA PARKS & RECR CALIFORNIA SOCIETY OF C CALIFORNIAN' INC. -LEGA CALIFORNIAN, INC.- DISP CARL WARREN & CO., INC. CREEKSIDE TEXACO, INC. CREEKSIDE TEXACO, INC. DREAM ENGINEERING, INC. DUNN EDWARDS CORPORATIO EDWARDS, SALLY EXCEL LANDSCAPE FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC, FEDERAL EXPRESS, INC. MEMBERSHIP DUES-GARY THORNHILL TEMP HELP W/E 8/5 COTA REFUND-TCSD CLASS REGISTRj~TION REFUND-CANCELLED CLASS BRADLEY/PALA RD MEETING/8/16 PARK PAINT RENTAL EQUIP"AUG REMOVE OLIVE TREES, FILL HOLES NETWRK MTG-MEYER-09/13-15 DEBIT STATEMENT FOR CAFR HARTLEY-MEMBERSHIP PAINT SUPER MCDERMOTT-MEMBERSHIP CPA PUBLIC NOTICES IN JULY 95 UPDATE CIP DISPLAY ADS SOUTHERN CAL EDISON, 03/09/95 VEHICLE PAINT & REPAIRS-PW VEHICLE PAINT & REPAIR P/WORKS ELECT ENGINEERING SERVICES RECYCLED GRAFFITI PAINT TCSD INSTRUCTOR EARNINGS SOCCER FILLED SLOPE-LANDSCAPE EXPRESS PAIL SERVICES EXPRESS MAIL SERVICES EXPRESS PAIL SERVICES PAGE Z ACCOIJNT ITEM CHECK NUMBER AHOUNT AMOUNT 100-164-601-5402 ~90.00 100-164-601-5402 995.00 100-164-601-5402 990.00 3,965.00 190-183-999-5330 744.00 744.00 280-199-999-5230 65.00 65,00 001-161-501-5226 26.50 001-161-502-5226 26,50 53,00 190-180-999-5118 41,28 41,28 190-183-4982 5,00 5,00 190-183-999-5330 30,00 30,00 001-110-999-5260 71,00 71,00 190-180-999-5238 35.56 35.56 190-180-999-5415 200.00 ZO0.O0 001-161-502-5258 63.65 63.65 001-140-999-5250 350,00 350.00 190-180-999-5226 130,00 130,00 001-140-999-5226 45,00 .' 45,00 001-161-501-5256 145,64 145,64 001-165-999-5256 132,40 132,40 300-199-999-5205 118,38 118,38 001-16,~-999-5214 123,58 100-164-601-5214 30.37 153.95 210-190-141-5802 124,00 124,00 100-164-601-5218 141.04 141.04 190-18~-999-5330 80.00 80.00 190-180-999-5415 250,84 250,84 001-161-501-5230 9,50 001-100-999-5230 9,50 190-180-999-5230 17,25 36,25 VOUCHRE2 08/24/95 VOUCHER/ CHECK NUMBER 25087 25088 25088 25089 25090 25091 25092 25092 25092 25092 25092 25093 25094 25094 25094 25094 25094 25094 25094 25095 25096 25096 25097 25098 25099 25099 25100 25101 25101 25101 25101 25102 25102 25102 17:17 CHECK DATE 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 VENDOR NUMBER 001002 000643 000643 000170 000993 000184 000184 000184 000184 000184 000481 000177 000177 000177 000177 000177 000177 000177 000192 000178 000178 001609 000797 001343 001343 000194 000194 000194 000194 001407 001407 001407 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER FIRST INTERSTATE BANK C 5473-6664-0391-0131-AE FORTNER HARDWARE, INC. TCSD MAINT. SUPPLIES AUG FORTNER HARDWARE, INC. MAINT SUPPLIES/PUBLIC WORKS FRANKLIN QUEST COMPANY, STORAGE BINDER 5X8 FREEDOM COFFEE, INC. BEVERAGE SERVICE - CITY HALL G T E CALIFORNIA R&R DAMAGED FACILITIES-SANTIAG G T E CALIFORNIA - PAYN 909 181-1123 GEM USAGE G T E CALIFORNIA - PAYM 909 364-1993 CITY HALL G T E CALIFORNIA - PAYM 909 695-3564 CITY ALARM G T E CALIFORNIA - PAYN 909 699-8632 GEM USAGE G T E CALIFORNIA - PAYM 909 699-9159 TEMP SERVICE GEOTECHNICAL & ENVIRONM PROF SERVS FOR PALA CONN PRK GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLOBAL CUMPUTER SUPPLIE GBC BINDING 3/8" GBC BINDING 1/2" TAX MISC. OFFICE SUPPLIES GBC BINDING 3/8'1 TAX MISC OFFICE SUPPLIES CADMOBILE W/DIGITIZER-PUTTY GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GREATER ALARM COMPANY, REPAIR PARTS FOR CRIME PREV PC TAX COMM ALARM MONITORING-SEPT HARTLEY, BRUCE TUITION REIMBURSEMENT HOWE WELDING & FABRICAT TOOL BOX REPAIRS & FABRICATION HOWE WELDING & FABRICAT TAX HULBERT, LYNN REFUND-CANCELLED DAY CAMP I C M A RETIREMENT TRUS 000194 I C M A RETIREMENT TRUS 000194 I C M A RETIREMENT TRUS 000194 I C N A RETIREMENT TRUS 000194 DEF COMP DEF COMP DEF CUMP DEF CUMP INTER VALLEY POOL SUPPL INTER VALLEY POOL SUPPL INTER VALLEY POOL SUPPL CRC POOL CHEMICALS CRC POOL CHEMICALS- AUG CRC POOL CHEMICALS- AUG 001-162-999-5260 190-180-999-5212 100-164-601-5218 001-110-999-5220 340-199-999-5250 100-164-601-5250 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 210-190-120-5802 001-120-999-5220 001-120-999-5220 001-120-999-5220 190-182-999-5220 001-120-999-5220 001-120-999-5220 190-182-999-5220 001-163-999-5242 001-170-999-5221 001-170-999-5221 340-199-999-5250 001-150-999-5259 100-164-601-5214 100-164-601-5214 190-18~-4984 001-2080 100-2080 190-2080 192-2080 190-182-999-5212 190-182-999-5212 190-182-999-5212 ITEM AMOUNT 46.68 10.45 43.63 12.61 126.68 550.79 545.13 1,143.79 56.47 27.40 269.52 450.00 9.40 6.80 1.26 .98 18.80 1.46 60.32 338.70 495.00 38.36 35.00 400.00 831.00 64.4O 125.00 937.91 86.43 463.71 ~.00 195.57 448.98 2~7.05 PAGE 3 CHECK AMOUNT 46.68 54.08 12.61 126.68 550.79 2,042.31 450.00 99.02 338.70 : 533.36 35.00 400.00 895.40 125.00 1,563.05 25103 08/24/95 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 134.88 VOUCHRE2 0"'~ '95 17:17 VOUCHER/ CHECK CHECK VENDOR NUNBER DATE NUI4BER 25103 08/24/95 000199 25104 08/24/95 000750 25104 08/24/95 000750 25105 08/24/95 0011845 25106 08/24/95 25107 08/24/95 000203 25108 08/24/95 25109 08/24/95 001349 25110 08/24/95 001&~7 25110 08/24/95 001(~7 25110 08/24/95 001~7 25110 08/24/95 001~7 25110 08/24/95 001(~7 25110 08/24/95 001~7 08/24/95 000206 25112 08/24/95 000945 25112 08/24/95 000945 25113 08/24/95 001982 25114 08/24/95 25115 08/24/95 001709 25116 08/24/95 000~9 25117 08/24/95 001513 25117 08/24/95 001513 25118 08/24/95 0018&5 25119 08/24/95 000553 25120 08/24/95 001967 25121 08/24/95 001027 25122 08/24/95 00138~ 25122 08/24/95 00138~ 25~17.3 08/24/95 VENDOR NAHE INTERNAL REVENUE SERVIC INTOXIMETERS, INC. INTOXIMETERS, INC. IRWIN, JOHN IVERSON, LISA JOBS AVAILABLE, INC. JOHNSON, NON I CA KANE, BALLHER & BERIOIAN KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KELLY TEMPORARY SERVICE KINKO'S OF RIVERSIDE, I L P S COHPUTER SERVICE L P S COMPUTER SERVICE L t41LLIAHS LANDSCAPE, I LAW ENFORCEMENT TRAININ LA~/YERS & JUOGES PUBLIS LEAGUE OF CAL. CITIES LIBERTY AUTO CENTER LIBERTY AUTO CENTER M C I TELECONNUNICATION MAGIC MOUNTAIN MANPOi,IER TEMPORARY SERV METROPOLITAN MATER DIST MINUTEMAN PRESS MINUTEMAN PRESS PANNELL, HICHELLE CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ! TEN DESCR[PT[OR 0001~9 IRS GARN MOUTHPIECES USED/, DUI TESTING FRE I GHT TCSD INSTRUCTOR EARNINGS REFUND*CANCELLED CLASS RECRUIT AD FOR BLDG INSPECTOR REFUND-TCSD CLASS REGISTRATION JULY PROF LEGAL SERVS TEHP HELP tale 8/6 EVANS TEHP HELP tale 8/6 EVANS TEMP HELP tale 8/6 EVANS TEHP HELP ta/E 8/13 EVANS TEMP HELP tale 8/13 EVANS TEHP HELP ta/E 8/13 EVANS NISC COPY SUPPLIES POt,/ER NODULE FOR HP LASERJET TAX CITY taIDE TREE TRIMMING SERVS PED/BIKE ACCDNT TRAIN/PIN08/15 MOTORCYCLE ACCIDENT RECONSTRUC MEMBERSHIP NTG/R.ROBERTS 8/17 VEHICLE REPAIRS TODS REPAIR/NAINT. VEHICLE; B&S Y0219324 LONG DISTANCE SERVS TICKET SELLS"ON CONSIGNMENT TENP HELP tale 8/13/95 PERMIT FOR taESTERN BYPASS BUSINESS CARDS-S.OAKLEY TAX REFUND"CANELLED CLASS ACCOUNT NUMBER 100-2140 001-170-~-5242 001-170-~-5242 190-183-999-5330 190-183-4982 001-150-999-5254 190-183-4986 280-1~-~-5246 001-165-~-5118 001-165-~-5118 lO0-1&/,-&O~-5118 001-165-~-5118 001-165-~-5118 100-164-604-5118 330-1~-~-5220 001-170-~-5215 001-170-~-5215 100-164-601-5402 001-170-~-5261 001-170-~9-5242 001-100-~-5258 190-180-9<~-5214 001-162-~99-5214 320-199-999-5208 190-183-999-5350 100-164-601-5118 210-165-612'5802 001-140-~-5222 001-140-~-5222 190-18:3-4980 I TEN AMOUNT 134.87 215.50 9.29 201.60 35.00 72.00 20.00 800.00 97.07 97.07 97, 06 72.80 72.80 72.80 13 160.00 11.20 13,976.25 375. O0 60,50 25.00 121.80 278.47 1,080.53 2,474.70 459.20 500.00 38.25 2.96 37.00 PAGE 4 CHECK AMOUNT 269.75 224.7~ 201.60 35.00 72.00 20.00 800.00 509.60 13.95 171.20 13,976.25 ; 375.00 60.50 25.00 400.27 1,080.53 2,474.70 459.20 500.00 41.21 37.00 VOUCHRE2 CITY OF TEMECULA 08/24/95 17:17 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 5 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 25124 08/24/95 PATTON, NARILYN REFUND-SECURITY DEPOSIT 190-2900 100.00 100.00 25125 08/24/95 000246 PERS (EMPLOYEES/ RETIRE 000246 PER REDE 001-2130 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PER REOE 100-2130 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 100-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 100-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390 25125 08/24/95 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 191.62 65.18 11,524.97 2,046.24 76.42 2,8~9.62 84.62 99.73 294.07 68.91 232.65 102.60 268.09 333.89 46.71 9.48 .?3 13.49 .47 .93 1.39 .23 .78 .46 2.09 18,416.46 25126 08/24/95 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 100-2122 51.70 51.70 25127 08/24/95 000249 PETTY CASH PETTY CASH REINBURESMENT 001-161-501-5260 25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 190-180-999-5220 25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 190-183-999-5340 25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 190-183-999-5340 25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 001-100-999-5260 25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 001-110-999-5260 25127 08/24/95 000249 PETTY CASH PETTY CASH REIMBURESMENT 320-199-999-5221 10.00 4~,.38 8.85 5.00 25.00 113.75 15.21 222.19 25128 08/24/95 PHIFER, DIANE REFUND-CANCELLED CLASS 190-183-4982 35.00 35.00 25129 08/24/95 000580 PHOTO ~/C)RKS FILM, SLIDES AND PICTURES 190-180-999-5301 26.05 26.05 25130 08/24/95 000254 PRESS-ENTERPRISE CONPAN DISPLAY ADS FOR CZP PRJTS 001-165-999-5256 25130 08/24/95 000254 PRESS-ENTERPRISE CONPAN PUBLIC NOTICES-ADVANCE PLANHIM 001-161-502-5256 80.00 80.00 160.00 25131 08/24/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES 190-180-999-5212 25131 08/24/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVXCES 340-199*999-5212 25131 08/24/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES 190-180-999-5212 57.99 41.44 53.73 VOUCHRE2 PAGE 6 Pr"*~95 17:17 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 25131 08/24/95 000255 PRO LOCK & KEY 25131 08/24/95 000255 PRO LOCK & KEY 25131 08/24/95 000255 PRO LOCK & KEY 25131 08/24/95 000255 PRO LOCK & KEY ITEM DESCRIPTION TCSD LOCKSMXTH SERVICES TCSD LOCKSMITH SERV PARKS-AUG TCSD LOCKSMITH SERVICES TCSD LOCKSMITH SERV TCSD-AUG ACCOUNT NUMBER 340-199-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 25132 08/24/95 000728 RANSEY BACKFLOg & PLUMB REPAIR/REPLACE BCKFLOU DEVICES 190-180-999-5212 ITEM AMOUNT 35.00 27.50 45.00 26.94 325.00 CHECK AMOUNT 287.60 325.00 25133 08/24/95 000260 RAN-TEC RUBBER STAMP MF NAME PLATES FOR COlel SERV 25133 08/24/95 000260 RAN-TEC RUBBER STAMP MF NAME PLATE- COI~ISSIONER 001-161-501-5220 001-161-501-5220 14.01 7.00 21.01 25134 08/24/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS REPOGRAPHICS 210-190,626-5802 25134 08/24/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS REPOGRAPHIC-PRKVZEW 210-190-626-5802 25134 08/24/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPROOUCTIOR-WALCOTT 210-165-637-5802 25134 08/24/95 000947 RANCHO BELL BLUEPRINT C XEROX 5080 BOND FOR BLUEPRINTS 210-199-650-5804 25134 08/24/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINT REPROOUCTIOR-WALCOTT 210-165-6~7-5802 25134 08/24/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS REPOGRAPHICS 210-165-612-5802 470.65 8.53 261.83 248.67 164.86 17.53 1,172.07 25135 08/24/95 000262 RANCHO CALIFORNIA WATER 1657545 WATER SERVICE-PARKS 190-180-999-5240 25135 08/24/95 000262 RANCHO CALIFORNIA WATER WATER SERVICE/LANDSCAPING 193-180-999-5240 25135 08/24/95 000262 RANCHO CALIFORNIA WATER WATER SERVICE/LANDSCAPING 190-180-999-5240 154.43 5,609.12 2,522.96 8,286.51 ~c136 08/24/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES"PARKS 190'180"999"5212 ,7 08/24/95 000792 REGENTS OF U.C. RIVERSI TURF GRASS CONF-NARTLEY 9/6 190-180'999'5261 82.75 25.00 82.75 25.00 25138 08/24/95 000266 RIGHTWAY PORTABLE TOLILET FOR CITY YARD 100-164-601-5238 57.39 57,39 25139 08/24/95 000678 RIVERSIDE CO. HEALTH SE SNACK BAR HEALTH PERMIT 190-180-999-5250 130.00 130,00 25140 08/24/95 001675 RIVERSIDE CO./GSA BUILD RIGHT OF WAY-REAL PROPERTY OlV 280-199-602-5700 386.63 25141 08/24/95 000873 ROBERTS, RONALD H. CAL CITIES CONF:R.ROBERTS:7/26 001-100-999-5258 15.13 15.13 25142 08/24/95 001902 SCHOOL ADMINISTRATORtS LEGAL REFERENCES FOR CA t95 001-170-999-5228 27.50 27.50 25143 08/24/95 SNO~, CAROLYN REFUND-CANCELLED CLASS 190-183-4982 42.00 42.00 25144 08/24/95 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVICES - CITY 340-199-999-5250 42.00 42.00 25145 08/24/95 000374 SOUTHERN CALIF EDISON 2-O0-987-1674-ELECTRIC SERVICE 191-180-999-5319 32.87 32.87 25146 08/24/95 001212 SOUTHERN CALIF GAS CONP 07-8272-901-5751-9 GAS SERVICE 190-182-999-5240 202.76 202.76 25147 08/24/95 000375 SOUTHERN CALIF TELEPHON 9092060992-BH-AUG 25147 08/24/95 000375 SOUTHERN CAL]F TELEPHON 9092024754-KH-AUG 25147 08/24/95 000375 SOUTHERN CALIF TELEPHON 9092023800-ffid-AUG 25147 08/24/95 000375 SOUTHERN CALIF TELEPHON 909 202-4752 SN 25147 08/24/95 000375 SOUTHERN CALIF TELEPHON 9092024755-C1TY VAN-AUG 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 65.99 1~6.98 152.17 83.16 42.77 491.07 2_~148 08/24/95 001678 STEPHENSON, KATIE J. REIMBURSEMENT FOR MILEAGE 001-120-999-5250 47.70 47.70 VOUCHRE2 08/24/95 VOUCHER/ CHECK NUMBER 25149 25149 25150 25150 25150 25151 25151 25151 25152 25153 25153 25154 25155 25155 25156 25156 25156 25156 25156 25156 25156 25156 25157 25157 25157 25157 25158 25158 25158 25158 25158 25159 25159 25159 25159 25159 25159 25159 25159 25160 17:17 CHECK DATE 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 08/24/95 VENDOR NUMBER 000521 000521 002013 002013 002013 000305 000305 000305 001672 000320 000320 000826 001179 001179 001065 001065 001065 001065 001065 001065 001065 001065 000389 000389 000389 000389 000325 000325 000325 000325 000325 000326 000326 000326 000326 000326 000326 000326 000326 001890 VENDOR NAME STEWART, BRUCE M. STEWART, BRUCE M. SUMMNIT SAFETY PRODUCTS SUMMMIT SAFETY PRODUCTS SUMMMIT SAFETY PRODUCTS TARGET STONE TARGET STONE TARGET STORE TEMECULA DRAIN SERVICE TOWIlE CENTER STATIONERS TO~NE CENTER STATIONERS TRAVEL TRUST TREBOR COMPANY INC., TH TREBOR COMPANY INC., TH U S C M/PEBSCO (DEF, C U S C N/PEBSCO (DEF. C U S C M/PEBSCO (DEF, C U S C N/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (DEF. C U S C M/PEBSCO (OBRA) U S C M/PEBSCO (OBRA) U S C N/PEBSCO (OBRA) U S C M/PEBSCO (ONRA) CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION JULY PLAN CHECK SERVS JULY PLAN CHECK SERVS ICE PACKS FON FIRST AID ICE PACKS FON FIRST AID TAX MISC SUPPLIES FON RECREATION MISC SUPPLIES FON RECREATION NISC SUPPLIES FOR RECREATION REPAIR DRINKING FOUNTAIN PRK OFFICE SUPPLIES FOR P.W. ADMIN OFFICE SUPPLIES FOR CIP AIR: PUBLIC SAFETY POL/ROBERTS NIGHT VEST FON MAINT CREWS TAX 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 001065 DEF COMP 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR 000389 PT RETIR UNITED ~AY OF THE INLAN 000325 UU UNITED WAY OF THE INLAN 000325 UW UNITED ~AY OF THE INLAN 000325 U~ UNITED ~AY OF THE INLAN 000325 U~ UNITED ~AY OF THE INLAN 000325 U~ UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, VORTEX DOORS UNIFORM MAINT FON PUBLIC WORKS UNIFORM NAINT PUBLIC ~ORKS UNIFORMS MAINT FON PW UNIFONM MAINT, FON TCSD UNIFORM MAINT FON TCSD AUG FLOOR MAT RENTAL-CITY HALL FLOOR NAT RENTAL-CRC FLOOR NAT RENTAL-SR CNTR DOOR MAXNT & REPAIR CRC ACCOUNT NUMBER 001-162-999-5248 001-171-999-5470 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-180-999-5301 190-180'-999-5212 100-164-604-5220 001-165-999-5220 001-100-999-5258 100-164-601-5218 100-164-601-5218 001-2080 100-2080 190-2080 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 100-2160 190-2160 280-2160 001-2120 100-2120 165-2120 190-2120 280-2120 100-164-601-5243 100-164-601-5243 100-164-601-5243 190-180-999-5243 190-180-999-5243 :540-199-999-5250 190-182-999-5250 190-181-999-5250 190-182-999-5212 ITEM AMOUNT 300.00 40.00 33.60 21.60 4.28 42.92 73.78 42.29 80.00 37.08 50.91 1~4.00 236.00 18.29 2,166.60 105.58 350.56 5.0O 19.70 4.98 312.50 87.50 383.08 60.00 '990.32 9.60 56.80 6.50 .75 17.00 .95 23.50 23.50 24.58 20.85 20.85 34.50 38.23 25.12 450.00 PAGE 7 CHECK AMOUNT 340.00 59.48 158.99 80.00 87.99 144.00 254.29 3,052.42 1,443.00 82.00 211.13 VOUCHRE2 r'~ '/95 17:17 CZTY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER 25161 08/24/95 000340 WHITE CAP INDUSTRIES, I EQUIP FOR LAND DEVEL INSPECTOR 001-163-999-5242 25161 08/24/95 000340 WHITE CAP ]NOUSTRIES, I TAX 001-163-999-5242 25162 08/24/95 000466 WHITEHEAD, RHONDA TCSD INSTRUCTOR EARNINGS 190-183-999-5330 ITEM AMOUNT 62.10 4.81 160.00 PAGE 8 CHECK AMOUNT 66.91 160.00 TOTAL CHECKS 102,295.42 VOUCHRE2 09/01/95 12:03 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 5 FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL ANOUNT 6,731.92 2,699.53 9,9T5.64 3,872.27 1,378.91 7,306.73 2,180.33 4,535,11 18,183.22 56,861.66 VOUCHRE2 "/95 12:03 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 24158 07/01/95 001979 25058 08/18/95 002052 25163 09/01/95 001696 25167 08/31/95 002038 25168 08/31/95 000110 25169 08/31/95 000747 25170 08/31/95 000101 25171 08/31/95 001323 25171 08/31/95 001323 25172 08/31/95 000622 25172 08/31/95 000622 25172 08/31/95 000622 -"""~73 08/31/95 000486 _,74 08/31/95 000950 25175 08/31/95 002045 25176 08/31/95 25176 08/31/95 25177 08/31/95 25177 08/31/95 000138 25178 08/31/95 001193 25179 08/31/95 002044 25180 08/31/95 001535 25180 08/31/95 001535 25181 08/31/95 25182 08/31/95 001233 25183 08/31/95 001029 25184 08/31/95 000155 25184 08/31/95 000155 ~5185 08/31/95 000165 ~5 08/31/95 000165 VENDOR NAME INLAND PAINTING MAPLES & ASSOCIATES STAPLES OFFICE SUPPLY ACTION POOL & SPA SUPPL AMERICAN BUSINESS SYSTE AMERICAN PLANNING ASSOC APPLE ONE, INC. ARROWHEAD WATER, INC. ARROWHEAD WATER, INC, BANTA ELECTRIC'REFRIGER BANTA ELECTRIC-REFRIGER BANTA ELECTRIC-REFRIGER CALIFORNIA MUNICIPAL BU CALIFORNIAN, INC.- DISP CARLSON WAGONLIT TRAVEL 000137 CHEVRON U S A INC, 000137 CHEVRON U S A INC. 000138 CITICORP NORTH AMERICA CITICORP NORTH AMERICA COMP USA, INC. CONVENTION HOUSING RESE CREEKSIDE TEXACO# INC, CREEKSIDE TEXACO, INC. CROONS, DARLENE DAN#S FEED & SEED, INC. DATAQUICK, INC. DAVLIN DAVLIN FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS iTEM DESCRIPTION PAINTZNG WALLS a CITY HALL STREET MARKINGS ON RANCHO CAL DESK JET 540 PRINTER POOL HAINTENANCE SUPPLIES POSTAGE SCALE UPGRADE D HOGAN/APA MEMBERSHIP TEMP HELP W/E 8/12 COTA WATER CHARGE/CITY HALL BOTTLED WATER FOR CITY YARD SR CENTER/BROKEN RAINSHIELD CRC ELECTRICAL SERVICE SR CENTER/OUTLET IN KITCHEN CONF/Z. SMITH/NOV 1-4 RECRUITMENT ADVERTIS]NG-JUL CONF/J MEYER/SEPT 13-16 FUEL EXPENSE FOR CITY VEHICLES FUEL EXPENSE FOR CITY VEHICLES PHONE SYSTEM/SEPT PHONE SYSTEM/SEPT MISC COMPUTER SUPPLIES ROBERTS/LEAGUE OF CALIF CITIES VEHICLE MAINT & REPAIR/P WORKS VEHICLE NAINT & REPAIR/P WORKS REFUND-BUS. OUT OF CITY LIMITS PROPANE GAS FOR NAINT CREW ACCOUNT NUMBER 340-1~-999-5212 100-164-601-5402 001-170-~-5221 190-182-~99-SZlZ 330-199-~9-5217 001-161-501-5226 001-140-999-5118 340-199-999-5240 100-164-601-5240 190-181-999-5250 190-182-999-5250 190-181-999-5250 001-140-999-5261 001-150-999-5254 001-161-502-5258 001-161-502-5262 190-180-999-5263 320-2800 320-199-999-5391 320-199-999-5221 001-100-999-5258 100-164-601-5214 100-164-601-5214 001-199-4060 100-164-601-5218 MNTHY COUNTY PARCEL INFORMATIO 320-199-999-5250 RECOROINGS OF PC MEETINGS 001-161-501-5250 BROADCASTING OF COUNCIL MTGS. 001-100-999-5250 FEDERAL EXPRESS/TCSD 190-180-999-5230 FEDERAL EXPRESS/BLDG & SAFETY 001-162-999-5230 ITEM AMOONT 1,900.00 400.00 226.26' 27.99 104.51 45.50 288.96 199,70 38.50 73.00 83.00 46.20 95.00 15.58 101.00 13.42 80.75 1,316.94 110.63 358.12 100,00 2~.07 24.95 20.00 12.47 85.24 153.34 800.00 9.50 26,50 PAGE 1 CHECK AMOUNT 1,900.00 400.00 226.26 27.99 104.51 45.50 288.96 238.20 202,20 95.00 15,58 101.00 94.17 1,427,57 358.12 100.00 300.02 20.00 12.47 85.24 953.3~ VOUCHRE2 PAGE 2 09/01/95 12:03 " VOUCHER/ CHECK NUMBER 25185 25185 25186 25186 25186 25187 25188 25188 25188 25189 25189 25189 25190 25190 25190 25190 25190 25191 25192 25195 25194 25194 25194 25195 25196 25197 25198 25199 25200 25200 25201 25201 25201 25202 CHECK DATE 08/31/95 08/51/95 08/51/95 08/51/95 08/31/95 08/31/95 08/51/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/31/95 08/51/95 08/51/95 08/51/95 08/31/95 08/51/95 08/31/95 08/31/95 08131195 VENDOR NUMBER 000165 000165 001002 001002 001002 000170 000184 000184 000184 001164 001164 001164 000177 000177 000177 000177 000177 002054 000871 001667 000206 000206 000206 000209 000580 000596 000414 000214 000220 000220 001384 00138~ 00138~ 002050 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM NAME DESCRIPTION FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. EXPRESS NAIL SERVICES/AUG EXPRESS NAIL SERViCES/AUG FIRST INTERSTATE BANK C FIRST INTERSTATE BANK C FIRST INTERSTATE BANK C 5473-6664-0391-0099-J STONE 5475-666~-0391-0073-R PARKS 5473-6664-0591-0081-R ROBERTS FRANKLIN QUEST COMPANY, FRANKLIN CALENDARS 95/96 G T E CALIFORNIA - PAYM 909-693-0956/CLTY HALL AUG G T E CALIFORNIA - PAYM 909-699-2475 PUBLIC WORKS/AUG G T E CALIFORNIA - PAYM 909-699-7945/CRC FIRE ALARM GABRIEL, RICHARD GABRIEL, RICHARD GABRIEL, RICHARD RENT FOR CITY YARD LOCATED AT RENT FOR CITY YARD LOCATED AT RENT FOR CITY YARD LOCATED AT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES/B & S OFFICE SUPPLIES/POLICE MISC OFFICE SUPPLIES/H R MISC OFFICE SUPPLIES/FINANCE OFFICE SUPPLIES FOR TCSD H R P LANDESIGN BLUEPRINTS FOR THE POND HILTON CONF/Z SMITH/HOTEL NOV 2 KELLY TEMPORARY SERVICE TEMP HELP W/E 8/13 LUJAN KINKO'S OF RIVERSIDE, KINKO'S OF RIVERSIDE, KINKO:S OF RIVERSIDE, MISC STATIONARY/COPY SUPPLIES MISC. RECREATION SUPPLIES NISC. RECREATION SUPPLIES L & M FERTILIZER, INC. PARTS, EQUIP AND REPAIRS LAIDLAW TRANSIT, INC. KNOTTS BERRY DAY CAMP BUS TRIP LEAGUE OF CAL. CITIES CONF/J GREEK/OCT 22-25 LONGS DRUG STORE FILM PURCHASE AND PROCESSING LUNCH & STUFF CATERING NTG/CITY ATT/INS ADJUST/KUHNS MAURICE PRINTERS, INC. PRINT/NEIGHBORHOOD WATCH LTR MAURICE PRINTERS, INC. TAX MINUTEMAN PRESS MINUTEMAN PRESS MINUTEMAN PRESS BUSINESS CARDS/MCDERMOTT/KUHNS TAX BUSINESS CARDS/S NELSON MUSIC MATES PIANO RENTA PIANO RENTAL/STAR SEARCH/TCSD ACCOUNT NUMBER 001-162-999-5250 190-180-999-5230 001-100-999-5258 001-100-999-5258 001-100-999-5258 001-161-502-5220 320-199-999-5Z08 100-164-601-5208 320-199-999-5208 100-164-601-5234 190-180-999-5234 001-162-999-5234 001-162-999-5220 001-170-999-5220 001-150-999-5220 001-140-999-5220 190-180-999-5220 210-190-143-5802 001-140-999-5261 001-140-999-5118 350-199-999-5220 190-180-999-5222 190-180-999-5222 190-180-999-5242 190-18~-999-53~0 001-120-999-5258 190-180-999-5250 001-140-999-5260 001-170-999-5222 001-170-999-5222 001-140-999-5222 001-140-999-5222 190-180-999-5222 190-183-999-5520 I TEN AMOUNT 13.00 53.70 371.44 627,47 .' 871.56 26.61 210.18 39.14 63.34 440.00 352. O0 88.00 8.88 98.62 23.39 30.18 266.28 70.00 82.88 442. O0 8~.26 12.95 45.09 209.76 439.27 195.00 6.45 42.00 462.30 35.83 205.00 15.88 110.44 135.00 CHECK · AMOUNT 102.70 1,870.47 26.61 312.66 880.00 82.88 442.00 142.28 209.76 439.27 195.00 6.45 42.00 498.13 331.32 VOUCHRE2 CITY OF TEMECULA '/95 12:03 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 3 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 25203 08/31/95 000235 0 C B REPROGRAPHICS, IN BLUEPRINTS PARKVIEW 25203 08/31/95 000235 0 C B REPROGRAPHICS, IN OVERCHARGE PER AGREEMENT 210-190-626-5802 210-190-626-5802 376.18 ~.08- 332.10 25204 08/31/95 000580 PHOTO WORKS SLIDES, PICTURES, COPIES 001-161-501-5224 25205 08/31/95 002051 PRE-TREAT REFUND-3 CITATIONS/BY SGT RUSH 001-2260 25205 08/31/95 002051 PRE-TREAT REFUND-3 CITATIONS/BY SGT RUSH 001-170-4055 15.00 60.00 75.00 25206 08/31/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES-OPEN 190-180-999-5212 25206 08/31/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES-OPEN 340-199-999-5212 25206 08/31/95 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES-OPEN 190-180~999-5212 26.18 27.50 283.60 337,28 25207 08/31/95 001364 R C P BLOCK & BRICK, IN BOYSCOUT CONST PROJECT-KH PARK 190-180-999-5212 165.50 165.50 25208 08/31/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS WALCOTT CORRIDOR 25208 08/31/95 000947 RANCHO BELL BLUEPRINT C BLUEPRINTS WALCOTT CORRIDOR 210-165-617-5802 210-165-637-5802 164.86 193.95 358.81 25209 08/31/95 000262 RANCHO CALIFORNIA WATER 02-79-10100-1 WATER SERVCS AUG 190-180-999-5240 25210 08/31/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-CITY HALL 340-199-999-5212 25210 08/31/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-CITY HALL 340-199-999-5212 '~°10 08/31/95 000426 RANCHO INDUSTRIAL SUPPL INDUSTRIAL SUPPLIES-PARKS 190-180-999-5212 53.92 181.27 14.76 246.56 53.9Z ~2.59 _11 08/31/95 RANCHO NUEVO RESTAURANT REFUND-OVERCHARGED WRONG BUS. 001-199-4056 70.00 70.00 25212 08/31/95 000266 RIGHTWAY PORTABLE TOILET RENTAL/PARKS 190-180-999-5238 25212 08/31/95 000266 RIGHTWAY PORTABLE TOILET RENTAL/PARKS 190-180-999-5238 25212 08/31/95 000266 RIGHTWAY PORTABLE TOILET RENTAL/PARKS 190-180-999-5238 62.89 125.78 62.89 251.56 25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 100-164-601-5263 25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-165-999-5263 25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-165-999-5262 25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-110-999-5262 25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-162-999-5263 25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 190-180-999-5263 25213 08/31/95 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-170-999-5262 388.03 50.81 197.41 61.82 87.50 80.18 74.01 939.76 25214 08/31/95 000519 SOUTH COUNTY PEST CONTR PEST CONTROL SERVS/SEN CENTER 190-181-999-5250 58.00 58. O0 25215 08/31/95 000374 SOUTHERN CALIF EDISON 2-O0-397-5026/ELECT SERVS AUG 191-180-999-5240 25215 08/31/95 000374 SOUTHERN CALIF EDISON 2-O0-397-5026/ELECT SERVS AUG 191-180-999-5319 25215 08/31/95 000374 SOUTHERN CALIF EDISON 2-O0-397-5042/ELECT SERVCS AUG 340-199-999-5240 25215 08/31/95 000374 SOUTHERN CALIF EDISON 2-O0-397-5059/ELECT SERVCS AUG 190-180-999-5240 25215 08/31/95 000374 SOUTHERN CALIF EDISON 66-77-584-8087-02/ELECT SERVCS 340-199-999-5240 25215 08/31/95 000374 SOUTHERN CALIF EDISON 66-77-795-8082-01 ELECT SERVCS 190-181-999-5240 25216 08/31/95 000291 SPEE DEE OIL CHANGE & T REPAIR/MAINT OF TCSD VEHICLES 190-180-999-5214 419.85 3,452.42 4,038.39 3,599.81 59.8~ 1,554.07 20.99 13,124.38 20.99 25217 08/31/95 000752 STONE, JEFFREY E. EX FORUM & LEADER SEMINAR 001-100-999-5258 11.56 11.56 '8 08/31/95 000305 TARGET STORE MISC SUPPLIES FOR RECREATION 190-180-999-5301 38.06 38.06 VOUCHRE2 09/01/95 12:03 VOUCHER/ CHECK CHECK VENDOR NUHBER DATE NUNBER 25219 08/31/95 000743 25220 08/31/95 2S221 08/31/9S 001S4S 25222 08/31/95 O00&&8 25223 08/31/95 001483 25223 08/31/95 001483 252?.3 08/31/95 001483 25224 08/31/95 000783 25224 08/31/95 000783 25224 08/31/95 000783 25225 08/31/95 000320 25225 08/31/95 000320 25226 08/31/95 000826 25226 08/31/95 000826 25227 08/31/95 000459 25228 08/31/95 000326 25228 08/31/95 000326 25229 08/31/95 000524 25229 08/31/95 000524 25230 08/31/95 25231 08/31/95 000340 25232 08/31/95 000539 25233 08/31/95 001939 25234 08/31/95 000345 25234 08/31/95 000345 25234 08/31/95 000345 VENDOR NAME TAYLOR~ BOB : TEMECULA PONY COLT LEAG TIME NOT]ON TOOLS, INC. TINNY D. PRODUCTIONS TON DODSON & ASSOCIATES TON DODSON & ASSOCIATES TON DODSON & ASSOCIATES TONAR ELECTRONICS, INC. TONAR ELECTRONICS, INC. TONAR ELECTRONICS, INC. TOlalE CENTER STATIONERS TOWNE CENTER STATIONERS TRAVEL TRUST TRAVEL TRUST TUMBLE JUNGLE UNITOG RENTAL SERVICE, UNITOG RENTAL SERVICE, VAN TECH ENGINEERING, I VAN TECH ENGINEERING, I VEASEY KENNY WHITE CAP INDUSTRIES, I WIMMER YAHADA ASSOCIATE WINDSOR PROJECTS, INC. XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS [TEM DESCRIPTION CRC FACILITY NAINTENANCE REFUND-SECURITY DEPOSIT/CRC TMT-CD99 PORTABLE ta3RKSTATION DISC JOCKEY/STAR SEARCH/TCSD TEM ENTERTAINMENT ADV. TEM ENTERTAINMENT ADV, RELEASE OF RETENTION 2 RED STROBE LANPS PAR 36-E RED HALOGEN LANP TAX OFFICE SUPPLIES FOR P.W, ADMIN OFFICE SUPPLIES FOR P,W. ADMIN COlIF B[RDSALL/BRADLEY/LINDEHAN CONF BIRDSALL/BRADLEY/LINDENAN PAY INSTRUCTOR/TUNBLE JUNGLE UN I FORM MAI NT/PUBL I C WORKS UNIFORM KA]NT. FOR TCSD PROTECTIVE CLOTHING/NAINT CREW TAX REFUND-SECURITY RENTALS/CRC BOOT ALLOWANCE FOR R WEST ADMIN FOR PALA PARK CONSTRUCTN RENT-CITY HALL FOR SEPT NETER USAGE li .O065/COPY TAX 5100 COPIER MONTHLY LEASE ACCOUNT NUMBER 190-182-999-5212 190-2900 320-199-999-5221 190-183-999-5320 280-199-999-5248 280-1270 280-2035 001-170-999-5214 001-170-999-5214 001-170-999-5214 100-164-604-5220 100-164-604-5220 001-100-999-5258 001-110-999-5258 190-183-999-5330 100-164-601-5243 190-180-999-5243 100-164-601-5243 100-164-601-5243 190-2900 100-164-601-5243 210-190-120-5802 340-199-999-5234 330-199-~-5239 330-199-~99-5239 330-199-999-5239 ITEM AMOUNT 225.00 100.00 35.88 50.00 852.50 852.50 5,601.73 107.85 24.74 2.85 571.93 35.69 288.00 1~4.00 1,148.00 23.50 20.85 337.87 24.50 100.00 : 87.88 618.00 11,761.76 1,262.39 97.83 2,986.12 PAGE CHECK AMOUNT 225,00 100.00 35.88 50.00 7,306.73 135.44 607.62 432.00 44.35 362.37 100.00 87.88 618.00 11,761.76 TOTAL CHECKS 56,861.66 VOUCHRE2 P '95 12:52 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 120 DEVELOPt4ENT IMPACT FUND 190 COMMUNITY SERVICES DISTRICT 193 TCSD SERVICE LEVEL C 210 CAPITAL INPROVENENT PROJ FUNO 280 REDEVELOPNENT AGENCY - CIP 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACiLiTIES TOTAL ANOUNT 292,733.04 5,858.00 1,410.00 1,100.00 41,264.97 68,494.95 12,643.50 17,815.31 5,127.37 2,500.00 448,947.14 VOUCHRE2 09/01/95 VOUCHER/ CHECK NUMBER 25241 25242 25242 25243 25244 25244 25245 25246 25246 25246 25247 25248 25248 25248 25248 25248 25249 25249 25249 25249 25249 25249 25250 25251 25252 25253 25253 25253 25254 25254 25255 25256 25257 25258 1252 CHECK DATE 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR NUMBER 001006 000413 000413 000146 001924 001924 OOO754 001056 001056 001056 000481 000178 000178 000178 000178 000178 001429 001429 001429 001429 001429 001429 VENDOR ITEM NAME DESCRIPTION BURTRONICS BUSINESS SYS MAINT AGREEMENT PRINTER CALIFORNIA DEPT OF FISH PERMIT FOR TEST BORING CALIFORNIA DEPT OF FISH PERMIT FOR WESTERN BYPASS COUNTS UNLIMITED TRAFFIC CENSUS -JULY SERVS DAVID M. GRIFFITH & ASS REVIEW WATER & SEWER CONN FEES DAVID N. GRIFFITH & ASS JULY SERVS-DEV IMPACT STUDY ELLIOTT GROUP, THE EXCEL LANDSCAPE EXCEL LANDSCAPE EXCEL LANDSCAPE LANDSCAPE REVIEWS FOR JULY 95 LANDSCAPE REHABILXTATION AUG IRRIGATION MODIFICATXONS AUG LNDSCPE N/tiNT/ALL CITY SLOPES GEOTECHNICAL & ENVIRONM JUL PMT-ENVIRONMENTAL ASSESSMN GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO GOLDEN STATE TRADING CO INACOe4 INFORMATION SYST INACON INFORMATION SYST INACOM INFORNATION SYST INACOM ]NFORNATION SYST INACON iNFORMATiON SYST INACOH INFORMATION SYST 002020 J G STOUSE CONSTRUCTORS 002046 MASTER K 9 INC 001384 MINUTEMAN PRESS MONTEREY SYSTEMS, INC. MONTEREY SYSTEMS, INC. MONTEREY SYSTEMS, INC. 001654 001654 001654 002028 NELSON PAVING AND SEAL% 002028 NELSON PAVING AND SEAL% 001713 NORRIS-REPKE, INC. 001585 PAUL GARDNER CORPORATIO 000251 PLANNING CENTER, INC., 3 PENTIUN COMPUTERS FREIGHT TAX PENTIUM COMPUTER/TCSD PENTIUM COMPUTER 000270 R J M DESIGN GROUP, INC TOSHIBA PORTEGE COMPUTER FREIGHT TAX NOTEBCX)K COMPUTER FREIGHT TAX TCSD OFFICE RENOVATIONS 5 WEEK K-9 HANDLERS COURSE RECREATE CITY SEAL ARTWORK MIRCOFILM SUPPLIES & PROCESSNG TAX MICROFILM SUPPLIES/PROCESSING REMOVE & REPLACE ASPHALT REPLACE DRIVEWAY a FIRESTATION FIRST STREET EXTENSION RELEASE RETENTION-TRAF SIGNALS CONCLUSION/GEM PLAN WORK PROGN PARKVIEW FIRE STATION ACCOUNT NUMBER 330-1~-gg9-5217 210-165-612-5802 210-165-612-5802 100-164-602-5406 001-140-999-5248 001-140-999-5248 001-161-501-5250 193-180-g<~-5416 193-180-~9-5416 193-180-9gg-5415 210-199-650-5804 320-1970 320-1970 320-1970 320-1970 320-1970 320-1970 320-1970 320-1970 001-170-999-5604 001-170-~9-5604 001-170-999-5604 340-199-~9-5219 001-170-999-5294 001-100-999-5250 330-199-999-5220 330-199-999-5220 330-199-999-5220 100-164-601-5402 100-164-601-5402 280-199-807-5802 210-2035 001-161-502-5248 210-190-626-5802 ITEM AMOUNT Z,521.21 132.00 1,191.00 3,714.00 1,430.00 5,390.00 2,150.00 8,350.00 6,640.00 26,274.97 1,800.00 7,317.00 50.0O 567.07 2,656.58 2,653.16 4,239.00 3.97 328.53 1,275.00 3.52 98.82 2,500.00 1,800.00 1,616.25 1,278.70 89.51 1,237.95 1,069.00 1,075.00 9,143.50 2,873.20 1,730.10 11,016.15 PAGE 1 CHECK Affi3UNT 2,521,21 1,323.00 3,714.00 6,820.00 2,150.00 41,264.97 1,800.00 13,2 :5,948.84 2,500.00 1,800.00 1,616.25 2,606.16 2,144.00 9,143.50 2,873.20 1,730.10 VOUC..._HRE2 r 95 VOUCHER/ CHECK NUMBER 25258 25258 25259 25259 25260 25261 25262 25263 25263 25263 25263 2526/+ 2526/, 2526~ 2526~ - % 12:52 CHECK DATE 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 09/12/95 VENDOR NUMBER 000270 000270 001955 001955 000262 000267 001675 000420 000420 000420 000420 000420 001890 VENDOR NAME R J M DESIGN GROUP, INC R J M DESIGN GROUP, INC R W R PASCOE ENGINEERIN R W R PASCOE ENGINEERIN RANCHO CALIFORNIA WATER RIVERSIDE CO. FIRE DEPT RIVERSIDE CO./GSA BUILD SVENNGINSEN JOHN SVENNGINSEN JOHN SVENNGINSEN JOHN SVENNGINSEN JOHN TRAMS-PACIFIC CONSULTAN TRANS*PACIFIC CONSULTAN TRAMS-PACIFIC CONSULTAN TRAMS-PACIFIC CONSULTAN TRANS"PACIFIC CONSULTAN VORTEX DOORS CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PARI(VIEW/PAUBA RD IMPROVEMENTS PARKVIEW CREEK RESTORATION EMERGENCY GENERATOR DESIGN JOB NOT FINISHED SPORTS PRK WATER METER INSTALL FIRE PROTECTION SERVS/QUARTR 4 REAL PROPERTY-APPRAISAL FEE REFUND-PERMIT/DOWN SIZE BLDG REFUND-PERMIT/DOWN SIZE BLDG REFUND-PERMIT/DOWN SIZE BLDG REFUND-PERMIT/DOMN SIZE BLDG JUNE PRGS PMT-WESTERN BYPASS REIMBURSABLES JULY PRGS PMT-PAVENENT MGI4NT JULY PRGS PNT-RE[MB PAVEMENT JULY PRGS PMT-WESTERN BYPASS INSTALL ROLL DOOR ~ SPORTS PRK ACCOUNT NUMBER 210-190-626-5802 210-190-138-5802 210-190-139-580~ 210-190-139-5804 210-190-137-5802 001-171-999-5251 280-199~602-5700 001-162-4285 120-199-42~0 001-2280 001-162-4203 210-165-612-5802 210-165-612-580Z 210-165-655-5802 210-165-655-5802 210-165-612-5802 190-180-999-5212 ITEM AMOUNT 3,018.75 1,575.00 3,916.00 916.00-. 10,629.00 277,584.32 3,500.00 434.00 1.410.00 45.53 824.50- 7,091.25 180.00 23,953.75 8.60 2,026.25 1,100.00 PAGE 2 CHECK AMOUNT 15,609.90 3,000.00 10,629.00 277,584.32 3,500.00 1,065.03 33,259.85 1,100.00 TOTAL CHECKS 448,947.14 ITEM 4 APPROVAL CITY ATTORNEY FINANCE OFFIC CITY MANAGE CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council City Manager, Ron Bradley September 12, 1995 Americans With Disabilities Act Transition Plan PREPARED BY: Grant M. Yates, Human Resources Administrator RECOMMENDATION: That the City Council adopt the Americans With Disabilities Act Transition Plan as set forth in attachment A. BACKGROUND: Under Title II of the Americans With Disabilities Act (ADA) of 1990, state and local governments must identify and correct any programs, services, activities, and employment practices that are inconsistent with the ADA's non-discrimination requirements. In response to this new regulation, the City of Temecula developed a SELF-EVALUATION PLAN which is an overall summary of the City's practices, procedures and activities as they relate to the ADA's non-discrimination requirements. City Facilities were also inspected for compliance and deficiencies in order to maintain and meet the requirements of the Americans With Disabilities Act (ADA). The (ADA) prohibits discrimination against qualified people with disabilities in employment, public services and transportation, public accommodations and services operated by private entities and telecommunications services. This document serves to meet the requirements of the ADA. FISCAL IMPACT: Total cost for all improvements is approximately $211,520.O0with the largest expenditure(s) being for the facility upgrades to various City parks. These improvements have been included in the current CIP budget, therefore, there is no direct fiscal impact related to the adoption of this plan. Attachment A: Transition Plan CITY OF TEMR AMm~CANS WITH DISABrLITIES ACT TRANSITION PLAN TABLt~- OF CONTENTS Purpose and Background of ADA ................................... Exhibit A: General Overview Exhibit B: The ADA, Information for Managers, Supervim and Department Directors .......................................... Exhibit C: Serf-Evaluation ....................................... 3 8 Exhibit E: ADA Grievance Procedure ................................................ 27 Exhibit D: Transition Plan Executive Summary .......................................... 22 CITY OF TEMECULA Date: June 12, 1995 Dept.: Human Resources Policies and Procedures Americaus With Disabilities Act PURPOSE: The (ADA) prohibits discrimination against qualified people with disabilities in employment, public services and trart~portation, public accommodations and services operated by private entities and telecommunications services. This document serves to meet the requirements of the ADA. BACKGROUND: City Facilities were inspected for compliance and deficiencies in order to mnintnin and meet the requirements of the Americans With Disabilities Act (ADA). Under Ti~e H of the American.~ With Disabilities Act (ADA) of 1990, state and local governments must identify and correct any programs, services, activities, and employment -" practices that are inconsistent with the ADA's non-discrimination requirements. In response to this new regulation, the City of Temecula developed the attached S!=J J~-EVALUATION PLAN which is an overall summary of the City's practices, procedures and activities as they relate to the ADA's non-discrimination requirements. This Self-Evaluation was prepared according W guidelines of the Americans With Disabilities Act and will be m~inrnined on file in the Human Resources Department for public inspection for three (3) years. All original surveys and evaluations used for thi.~ project will also be kept on file. All evaluations were performed in good faith and reflect the judgements of each individual 'department. The City of Temecula intends to continue its.efforts to provide and mnlnrnln equally accessible and non-discriminatory services to its employees and the public, After much research and in-depth exploration of public facilities, the City of Temecula has completed its Transitional Plan. Grant Yates, Human Resources Admini~waWr, has been designated as the ADA coordinator. This evaluation has covered three components. These three components include city hall facilities, public parks and recreational facilities, and streets and roads. Included in thi.~ evaluation are reports of all public parks in Temecula, and their level of compliance with the ADA. Also included is an analysis of city hall that rates its level of compliance with the Americans with Disabilities Act. Finally, a survey of City streets and wads has been compared with ADA qualifications. The City's grievance policies and procedures have also been established in compliance with the requirements of the Americans With Disabilities Act of 1990. The structural changes identified in the transitional plan are well on their way to being implemented, and the corrections will in most cases have been completed by the ]anuary 26, 199S deadline. Exhibit A: GENERAL OVERVIEW The purpose of the ADA is to mainstream the disabled. The Americans With Disabilities Act allows disabled persons to file discrimination complaints. The ADA also protects disabled persons by prohibiting retaliation. Discrimination in all benefits, services and programs provided by a public entity are prohibited. "Disability" can be deftned as a physical or mental impairment that:' substantially limits one or more of the major life activities. A Public F. ntity may not give qualified individuals with disabilities unequal opportunities to participate in program.~, A public entity may also not require disabled people to use different programs. The City of Temecula may not use any methods of admini.~a~on which have the effect of discriminating. This includes use of contractors and other community organizations. Public agencies may not make use of any racially neutral standards that screen out disabled people unless the standards can be shown ;, to be necessary for the provision of the service, or the safe operation of the program. Safety requirements must be based on actual risk, and\ or direct threat. The Public entity must keep its accommodations in good working order and programs must be readily accessible w people with disabilities. Problem areas must be deftned in accommodations. Possible examples of needed modifications may include: redesign of equipment, reassignment of services to accessible areas, assignment of aids, home visits, alteration of existing facilities, and construction of new facilities. The City is not required to provide personal devices to individuals with disabilities. These devices may include wheelchairs, prescription eyeglasses, hearing aids, etc.. ADA has no effect on any existing restrictions concerning smoking or testing for illegal drug usage. The City of Temecula is not required to take any action which would result in a "fundamental alteration" in the nature of a service, program, or activity, or cause an "undue" financial and administrative burden. The City of Temecula will have the burden of proving this claim. The final decision must be made in writing by the City Manager. Any person who believes he\she has been subjected to discrimination on the basis of a disability may ~e according to a compliance procedure. This must be fried no hter than 180 days from the date of the alleged discrimination. The comphint must be filed with the appropriate government agency, the Department of lustice. All existing facilities must be made readily accessible. New construction must be designed in such a manner so that it is rudily accessible to and useable by individuals with disabilities if the construction was commenced after January 26, 1992. Alterations begun after January 2 26, 1992 must make the altered portion of the facility readily accessible to and useful by individuals with disabilities. Employees of the City of Temecula play a pan in the ADA transitional plan. An employee has the opportunity to participate in the serf evaluation process. Job duties and descriptions have also been modified for employees based upon need. Finally, access options may be changed for the general public as well. Exhibit B THE ADA: INFORMATION FOR MANAGERS, SUPERVISORS AND DEPARTMENT HEADS BACKGROUND A. Purpose of the AD A. 1. To mainstream disabled. 2. Allows ~ing of discrimination complaints. 3. Retaliation prohibited B. Protection Prior to the ADA. WHAT IS PROHIBITED: DISCRIMINATION IN A~-~-BENEFITS, SERVICES AND PROGRAMS PROVIDED BY A PUBLIC ENTITY A. DEFINITIONS : 1. Definition of "Public Entity." 2. Definition of "Disability." (a) Physical or mental impairment that substantially limits one or more of the major life activities; or (b) A record of having such an impairment; or (c) Being regarded as having such an impairment. 3. Distinguish from conditions which are not Disabilities (Examples). 4. Definition of "Qualifmd Individual with a Disability." A Public Entity may not give qualified individuals with disabilities unequal opportunities to participate in progrnm-~. 1. What progrnms and benefits are covered? (Examples) Entity my not require disabled people to use different services. F~ntity may not use any methods of admini.~tration which have the effect of discrimirm~ng (illeludes use of contractors and other community organizations). Case study examples. Public Entity may not make use of any facially neutral standards that screen out disabled people unless the standards can be shown to bc Necessary for: 1. The provision of the service, or 2. The safe operation of the program. (a) Safety requirements must be based on actual risk. (b) Direct threat. (c) Case-by-case analysis. 3. Case study examples. Public Entity Must Keep its Accommodations in Good Working Order and Programs Must be Readily Accessible to People with Disabilities. 1. Def'me problem areas in accommodations. 2. Possible examples of modification include: (a) Redesign of equipment ': (b) Reassignment of services to accessible areas (c) Assignment of aids (d) Home visits (e) Alteration of existing facilities (f) Construction of new facilities What is Not Required of the Public Entity? 1. A public entity is not required to provide personai devices to individuals with disabilities (wheelchairs, prescription eyeglasses, hearing aids, etc.). 2. ADA has no effect on any existing restrictions concerning smoking. 3. ADA has no effect on testing for illegal drug usage. 4. The City is not required to take any action which would result in a "fundamental alteration" in the nature of a service, program, or activity, or cause an "undue" f'mancial and administrative burden. (a) The City will have the burden of proving. (b) Final Decision must be made by the City Manager, in writing. - " Compliance Procedures. 1. Who may ~e: any person who believes be/she has been subjected to discrimination on the basis of a disability. 2. Must be ~ed no later than 180 days from the date of the alleged discrimination. 3. May be filed with the appropriate federal agency (Department of Justice). 4. Attorney' s fees 5. Penalties. 4 CONSTRUCTION AND ALTERATIONS A. Existing facilities must be made readily accessible. Ce New construction must be designed in such a manner so that it is readily accessible to and useable by individuals with disabilities if the construction was commenced after January 26, 1992.' Alterations begun after January 26, 1992 must make the altered portion of the facility readily accessible to and useful by individuals with disabilities. SPECIAL OBLIGATIONS OF A PUBLIC ENTITY, SUCH AS THE CITY OF TEMECULA A. The Self-Evaluation Process. 1. Must take place within one year of January 26, 1992. 2. The City must evaluate all services, policies and practices to see if they conform with the ADA. .: 3.Those that do not conform must be modified. 4. Members of the public must be afforded an opportunity to participate in the evaluation process. C, Notifying the General Public Concerning Their Rights Under the ADA. 1. All applicants, participants, beneficiaries and other interested persons must be given information regarding the ADA and the City's compliance efforts. 2. Methods of notice. Signage (access to facilities). Designate a Specific Person. 1. One employee will be assigned to coordinate efforts to comply with the ADA. 2. This person will also be in charge of investigation of complaints. A Complaint procedure (grievance procedure) Must be Established. WHAT IS PROHIBITED: DISCRIMINATION IN EMPLOYMENT BY A PUBLIC ENTITY A. ADA Requires Private Employers to Prohibit Discrimination in Employment by July of 1992. ADA Requires Public Entity Employers to comply by January 26, 1992. 1. No discrimination against qualified individuals with handicaps. 2. Includes: (a) Job Applications (b) Hiring (c) Advancement (d) Discharge (e) Compensation 5 (0 Training (g) Other terms and conditions of employment (h) Special Activities Pre-employment physicals. Drag testing (compare with rehab drug use as disability). Defining "Reasonable Accommodation" for Employees or Applicants. 1. Accommodation required unless it would require an undue hardship. 2. "Undue hardship" means an action requiring significant difficulty or expense when considered in light of (a) Nature and cost of the accommodation, Co)Number of persons employed at the facility (c)Financial Resources of the facility, and (d)Overall financial resources of the entity owning the facility. 3. Obligation to provide reasonable accommodation triggered when the accommodation is requested. 4. Employer has the ultimate discretion to choose between effective accommodations. 5. Case studies. HOW THE ADA WII J. EFFECT YOU AS AN EMPLOYEE OF THE CITY OF TEMECULA A. In the Provision of Services, Benefits, Programs, Transportation, Etc. B. As a Worker: (a) Participation in self-evaluation process, Co) Re-evaluating job duties and descriptions for employees, (c) Re-evaluating access options for general public. C. If You Become Disabled. D. Working with Non-City Organizations/Groups TIMELINE FOR ADA COMPLIANCE A. January 26, 1992: The Americans with Disabilities Act becomes effective for public agencies. Complaints of non-compliance can be fried beginning this date. From this date forward, the public entity must: 1. Begin the self-evaluation process; 2. Provide notice to the general public concerning the ADA and the City's compliance; 3. Adopt a grievance procedure; 4. Prohibit discrimination in all benefits, services, programs, activities for 6 employment of the public entity; and - 5. Provide that new construction and alteration complies with the ADA. July 26, 1992, Trnn-~itional Plan Target Completion Date: Transition plan for structural changes to existing facilities must be completed by thi~ date. January 26, 1993, Self-Evaluation Target Completion Date: The self-evaluation must be completed by thi~ date, and must be maintained on file for three years. January 26, 1995, Structural Changes Target Completion Date: Structural changes to existing facilities must be completed by this date. 7 EXHIBIT C CITY OF TEMECULA AMERICANS WITH DISABILITIES ACT OF 1990 SELF EVALUATION ADA REQUIREMENTS Ensure that each service, program or activity conducted by the City, when viewed in its entirety, be readily accessible to and usable by individuals with disabilities. Responsibility: Human Resources Designate an employee to coordinale ADA compliance efforts. Responsibility: City Manager COMMENTS ON CITY COMPLIANCE Services, programs and activities of the city have been reviewed, and will be reviewed on an ongoing basis to ensure accessibility. The Human Resources Administrator has been assigned to coordinate City-wide compliance efforts. In addition, the Building Official, Director of Public Works and Community Services Director have been assigned to serve on an ADA core cornmince to ensure compliance. COMPLETION DATES Self-Evaluation completed. Compliance Ongoing. Completed .: , ADA REQUIREMENTS Establish formal grievance procedures that inco~n~ due process standards and that provide for the prompt and equitable solution of complaints of discrimination ag~in~ ~n individual with a disability including job applicants, employees, citizens and other visitors. Responsibility: Human Resources Determine a process the City shall use to decide at which point "reasonable accommodation" causes an "undue hardship". Responsibility: Human Resources Published City Written Material shall include a notice of non- discrimination. Responsibility: Human Resources and All Depaxmaents Notify employee unions and . professional organizations of the city's non-discrimination policy. Responsibility: Human Resources COMMENTS ON CITY COMPLIANCE A grievance policy was developed and distributed to Managers. The Human Resources Administrator was assigned as the Grievance Officer. The Assistant City Manager will serve when necessary. The City's grievance policy provides reasonable accommodation criteria. All employment announcemems include statements of non- discrimination. All departments have been notified of wording to include on all announcements, and all materials published by the City shall be reviewed on an ongoing basis to ensure a notice of non-disc'nminaflon is included. ~mployee organizations will be notified and appropriate compliance languaSe will be added w the Memorandums of UnderstandinS. COMPLETION DATES Completed Completed Completed : Completed 5 10. ADA REQLKREMENTS Provide information to individuals with disabilities concerning accessible services, activities, and facilities. Responsibility: Human Resources Utilize all types of media and displays, etc. g. print media, radio/television and other alternatives, such as taped job announcements available over the phone when providing public notices, including employment notices. Responsibility: Human Resources Notify current employees the City will make reasonable accommodations of an employee's disabilities and invite them to identify themselves as having disabilities so accommodations can be made. Responsibility: Human Resources Ensure equal employment opportunity notices are posted in an accessible format. Responsibility: Human Resources COMMENTS ON CITY COMPLIANCE The city will provide information to individuals with disabilities about accessible City services, activities, and facilities. The City presently provides a telephone job line. The city is in the process of providing a TDD phone line for hearing impaired for job announcements and general City use. All employees have been informed of the ADA and the City's commitment to compliance. New notices have been posted and additional accessible format notices have been ordered. COMPLETION DATE~ Completed Completed Completed Completed 11. 12. 13. 14. ADA REQUIR~WI~NTS Assess City social and recreational activities to ensure that they are accessible to all employees, their relatives, and associates. Responsibility: Community Services Review criteria used in the selection or procurement of contractors to ensure that the criteria does not subjea qualified individuals with disabilities to dise'nmination on the basis of disability. Responsibility: Finance Ensure that qualified individuals with disabilities are not limited from enjoyment of any right, privilege, advantage, or oppommity enjoyed by others receiving any aid, benefit, or service from the City. Responsibility: All Depaxhaents Reasonable modifications in policies, practices, or procedures must be made when necessary to avoid discrinfmation on the basis of disability. Responsibility: All Departments COMMENTS ON CITY COMIClANCE Each facility or event has been evaluated W ensure accessibility. Modifications will be made according to the Transitional Plan. Events will be held in accessible lc~ations. The purchasing division has reviewed the process for sele~ing procuremerit contractors. Contractors will include a statemere which requires the contractor to meet all ADA requirements. All aids, benefits, and services of the city are being reviewed on an ongoing basis to ensure individuals with disabilities will not be limited for City services. Reasonable modifications to policies, practices, and procedures will be made by the City to avoid discrimination on the basis of disability. COMPLETION DATES Completed ongoing Oilgoing Ongoi!lg 15. 16. 17. 18. ADA REQUIREMENTS No surcharge shall be placed on a particular in~vidual with a disability, or any groups of individuals with disabilities, to cover any costs of measure required to provide that individual or group with nondiscriminatory treatment. Responsibility: All Departments Discrimination on the basis of an individual's or City's known relationship or association with an individual with a disability is prohibited. Responsibility: All Departments Ensure that the appropriate auxiliary aids and services are furnished when necessary to provide an individual with a disability an equal opportunity to participate in and enjoy the benefits of the City's services, programs, and activities. Responsibility: Ensure medical separately from All Deparunents records are filed personnel files. Responsibility: Human Resources COMMENTS ON CITY COMPLIANCE All depamuents have been notified, and the city will comply with this requirement. The City will comply with this requirement. As requested by individuals with disabilities, the City will provide appropriate auxiliary aids and services. The Human Resources Department is preparing a resource list for city wide use. All medical records are fried separately. Employee personnel files do not contain medical information. COMPLETION DATEb ongomg ongoing ongoing Completed 19. 20. ADA REQUIREMENTS 21. Review employment practices and policies to ensure that all decisions regarding employment are based on an individual's skills and qualifications, and not disability conditions. Responsibility: Human Resources Review employment practices to ensure that the City is not participating in a contractual, or other arrangement or relationship, that subjects a qualified applicant or employee with a disability to discrimination. Responsibility: Human Resources Hiring Procedures (applying, testing and interviewing for a job) are to be carried out in wheelchair accessible locations using accessible formats. Responsibility: Human Resources COMMENTS ON CITY COMPLIANCE F_Eploymem practices and policies have been revised for consistency with policies of non- discrimination. Disability is included in our discrimination policy. All corn relating !to employmere practices have been reviewed and do not contain practices that subject qualified applicants or employees w discrimination. All facilities utilized for testing and interviewing are accessible. All applicants are informed that assistance or accommodations will be made available upon request. Human Resources. will provide resources for ar, commodations. COMPLETION DATES Completed Completed Completed ADA REQUIREMENTS 22. Review employment application to ensure that the forms do not contain questions as to whether an applicant is an individual with a disability. Responsibility: Human Resources 23. Review job requirements (job descriptions, employment tests, or other selection criteria) m ensure that no criteria are included that would discriminate against an individual with a disability, unless such criteria are job related and consistent with job necessity. Responsibility: Human Resources COMMENTS ON CITY COMPLIANCE City application forms are void of any questions as to whether the applicant has a disability. : Job descriptions and other selection devises are in the process of being reviewed to ensure compliance with nondiscrimination policies. Tests are selected on the basis of job .. relatedness. COMPLETION DATES Comp~ted Completed 24. Review the selection and administration of employment tests to ensure that test remits accurately reflect the skills or aptitude necessary to perform the job, rather than reflect the impaired sensory, manual, or speaking skills of the applicant or employee, unless the sensory, speaking, or manual ability is necessary to perform critical elements of the job. Responsibility: Human Resources 25. Review interview questiota and techniques to determine whether they are nondiscriminatory. Responsibility: Human Resources All selection devices will be reviewed for compliance prior to each recruitment. Each employment test (including interview questions) is reviewed for compliance. ongoing ongoing ADA REQUIRE1VIENTS 26. Review medical, hospital, accident, life insurance and retiremere fringe benefits to ensure that the benefits give nondiscriminatory treatment to people with disabilities. Responsibility: Human Resources 27. Review processes for granting licenses or certification to ensure that qualified individuals with disabilities are not discriminated against by the City. Responsibility: Finance 28. To address structural modification to City facilities, a Transition Plan shah be developed. Responsibility: Human Resources All Departments 29. Any necessary structural changes in policies shall be made as soon as practicable, but no later than three years after the effective date of ADA. Responsibility: All Departments 30. Ensure that design, construction, or alteration of facilities are in confonnance with the uniform Federal Accessibility Standards or with the Americans With Disabilities Act Accessibilities Guidelines for Buildings and Facilities. Responsibility: Building and Safety COMMENTS ON CITY COMPLIANCE Policies are being revised to ensure compliance. The process for granting business licenses has been reviewed to ensure that qualified individuals with disabilities are not discriminated against by the City. The City has evaluated each City facility and has developed a Transitional Plan that identifies the architectural barriers that need to be removed and the time frame for removal. : A Transitional Plan has been developed and is scheduled to be completed by January 26, 1995. The City is prepared to comply with this requiremere. The Building Official prepared the Transition Plan and will ensure compliance with proper standards and guidelines. COMPLETION DATES ongoin Completed Completed,TM ongoing Ongoing ADA REQUmEMENTS COMMENTS ON crrY COMPLIANCE COMPLETION DATES 31. Signage is required at all inaccessible entrances to each City Facility to direct users to an accessible entrance, or to a location with information about accessible facilities. Responsibility: Building and Safety Community Services 32. Ensure that the public has the opporUmity to provide input. Responsibility: Human Resources Community Development 33. Any jurisdiction that conducted a self-evaluation may limit the new self- evaluation to programs not addressed in the original review. All City facilities have been assessed to determine the necessary signage needed for each facility. The findings of the assessment are' included in the City's Transitional Plano Public Comment was offered when this Plan was presented to the City Council for adoption. The City conducted a serf- evaluation. Completed Completed Completed -, Responsibility: All DoparUnents 34. Conduct a self-evaluation, identifying any policies, practices or services that are inconsistent with the ADA's non-discrimination requirements. 35. En-~hring that sU'eets, pubflic right away,. access and signage is an ongoing reevaluation process. All departments completed a serf- evaluation survey of all services and programs, which will he kept in Human Resources. All new developments submitted and required to adhere to ADA requirements. Completed Ongoing Responsibility: Public Works Exhibit D: The Americans With Disabilities Act Transition Plan Executive Summary In order to comply with the requirements of the Americ~ With Disabilities Act (ADA), the City of Temecula, Parks, Building/Safety, Recreation and Community Services District (TCSD) have identified the following items that need to be r~placed or correctS. These items were identified by the use of the Self-Evaluation survey forms completed for each park area. Total cost for all improvements is appwximately $211,520.00 with the largest expenditure(s) being for the facility upgrades to various parks Citywide. Allached is a listing of what improvements need to be made in order to meet ADA ~nts. Accompanying each item is a projected cost and completion date of the proposed improvement. 22 City of Temecula ADA Tran,~ition Plan Facility Upgrades to Rancho California Sports Park Recommended Improvements: Star Projected Date Completion Date Cost' -Design and construction of sidewalks and landscape areas between fields #1 and #2. 1995 1996: $95,000.00 Responsible Depaxtmcnt: Community Services **Benefit: Project will provide handicapped access to Rancho California Sports Park. II. Facility Upgrades to Various Parks Recommended Improvements: -Design and construction of sidewalk access and playground surface improvements to Veterans Park, John Magee Park and Calle Atagon Park. Start Projected Date Completion Date Cost 1995 1996 $66,500.00 Responsible Department: Community Services **Benefit: Project will provide handicapped access to Veterans, John Magce, and Callc Aragon Parks. 23 City of Temecula ADA Transition Plan IH. Handicap Access Ramps Citywide Recommended Improvements: Staff Date Completion Date Projeaed Cost -Installation of pe~lestrian handicap ramps. Twenty-five (25) handicap ramps at seventeen (17) locations. 1995 1996 $42,500.00 Responsible Department: Public Works **Benefit: Project will provide wheelchair access throughout the City. IV. City I4an Re, commended, Improvements: Start Date Projected Completion Date Cost -Provide detectable warning for walking surfaces that cross vehicular way, i.e., cross walk from parking space to main entrance. -Provide proper curb cut at main entrance to building. 1995 1995 1995 $350.00 1995 $2,000.00 24 IV. City Hall (cont.) Recommended Improvements: -Provide proper signage and location of all permanently signed :rooms and spaces. *Provide "Van Accessible" sign for van spaces. *Provide international symbol of accessibility at entrance of building. *Provide proper signage on all toilet room doors with raised letters and braille. Proper location required to be on door and on latch side of door. *Provide proper directional and informational sign-size minimum 3" high with proper contrasting colors, light on dark or dark on light. -Provide proper lever hardware on all door closers as required. -Provide proper closing speed on all door closers as required. -Provide proper clear floor space in from of all storage areas as required. *Provide proper level maneuvering clearance at doors as required. *Provide proper strike side clearance at all doors as required. Start Date 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 25 Completion Date 1995 1995 1995 1995 1995 1995 1995 1995 1995 1995 Projected Cost $555.00 (for all signs/install.) $2,000.00 $90.00 only) $675.00 Oabor only for all clearance) -Provide proper height of all toilet room accessories as required. -Provide proper mounting height of telephone as required. -Provide proper telephones with volume .controls and test as required. Responsible Depamnent: 1995 1995 $250.00 (labor only) 1995 1995 $100.00 (labor only) 1995 1995 $1500.00: Building and Safety **Note: huse the City has purchased a new City llall, the above tenant improvements wffi not be completed in leased facih'ty. The new City llall and the accomt~ying tenant impwvements wffi be brought inW ADA compliance. 26 Exhibit E: AMERICANS WITH DISABILITIES ACT GIIIF, VANCE PROCEDURE BACKGROUND The United States Congress enacted the Americans With Disabilities Act (ADA) of 1990 to provide a National mandate for the elimination of discrimination against individuals with disabilities. The City of Temecula has embarked upon a multi-year progrnm to comply with the ADA. The followinE procedure implements a formal process to assist individuals in resolving complaints based on disability discrimination involving employment with the City, or access to City facilities and services. H. POLICY It is the policy of the City of Temecula to comply with the ADA. Differences of opinions or unforeseen problems may arise, however, in spite of the best efforts to eliminate disability discrimination or barriers to access. Therefore, it is the policy of the City of Temecula to implement the ADA Grievance Procedure in an effort to resolve any allegations of non- compliance with the ADA. This process is available to all members of the public at large, as well as all employees of the City. All city employees responding to complaints of disability discrimination shall seek informal mutually agreeable resolution to any comphints. If this fails, implementation of the formal ADA Grievance Procedure is recommended. The f~ing of a formal grievance does not preclude informal resolution. PROCEDURES DEFINITIONS 1. ADA Compliance Officer: The Human Resources Administrator is designated as the ADA Compliance Officer (ADACO). He/she will investigate all complaints alleging non-compliance with any provisions of the ADA and assure proper documentation of ADA grievances. The ADACO will facilitate resolution of grievances at the earliest stage possible. ADA Grievance Form: The form on which the ADA grievance process is recorded. It is an optional form for f~ing the grievance, but will be used to record subsequent actions and responses. A blank form follows this procedure. Copies may be made and used as needed. City Manager's Final Determination: The written response from the City Manager after receiving an appeal of the ADA Complinnee Officers Initial Finding. Discrimination on the basis of disability.: Actions or conditions which adversely affect opportunities or status because of a person's disability. This includes failure to make reasonable accommodations to known physical or mental limitations of an otherwise qualified individual, unless it can be shown that the accommodation would impose an undue hardship. Grievance: An allegation of non-compliance with the provisions of the: American.~ With Disabilities Act (ADA) which has not been resolved informally by the parties directly involved. Initial Finding: The written finding from the ADA Compliance Officer to the grievant, Department Director and employees involved. Grievance Procedure Nothing in this procedure shall be interpreted to discourage direct dialogue and informal dispute resolution by those individuals and/or departments closest to ADA issues. City employees receiving complaints or concerns are encouraged to assist in identifying options and implementing solutions within their scope :of duties, without use of this procedure. However, the ADA Compliance Officer will be notified of the issue(s) and resolutions reached by the city department involved through informal problem-solving. Any grievance which has not been informally resolved may be fried orally, by letter or on a form provided by the City. This will be considered the start of the formal ADA grievance process. Formal grievances will be routed to the designated ADA Compliance Officer. The grievance must identify the following information: (a) Name and how to contact the grievant. Requiremere(s) of the ADA with which the City is believed to be noncompliant. (c) A description of the offending behavior(s), violation(s), and/or barriers to access or services. (d) Location(s) (ff applicable). (e) Names of others with information regarding the issue, such as witnesses, City staff involved and/or alleged offender(s). 28 10. The remedy desired. The ADA Compliance Officer will investigate the grievance, contact the grievant and meet if requested, discuss options with the DeparUnent Director and City staff from the department(s) involved and review all available information and options. If the issue being grieved is also the subject of pending litigation, therefore, this procedure will be augmented by direction from the City Attorney. Upon completion of the investigation, the compliance officer will review factual information gathered through the investigation to determine whether the alleged conduct or conditions constitutes discrimination. Consideration will be given to all factual information, the totality of the circumstances, including the nature of the alleged discriminatory conduct and/or conditions, the context in which the alleged incident(s) occurred and any f'maneial or operational aspects of the issue. The ADA Compliance Officer will then prepare and issue the written Initial Finding setting forth the resttits of the investigation, a determination as to whether discrimination occurred and recommend corrective measures as appropriate. This should be completed within fifteen (15) days after receipt of the grievance, unless pertinent persons are not available. A copy of the initial finding will be sent to the grievant for review, written comments and signature. If the gfievant is satisfied and the issue is resolved, the ADA Compliance Officer will seek to obtain written verification from the gfievant. If the gfievant is not satisfied, a request for appeal to the City Manager must be submitted to the ADA Compliance Officer within ten (10) working days after the grievant receives the Initial Finding. Upon receipt of the request for appeal, the City Manager will arrange a meeting with the grievant and/or the grievant's representative, ff any. The City Manager will review the grievance, alternative solutions, financial consequences, and other relevant issues. He/she will issue the City Manager's Final Determination within fifteen (15) days, unless pertinent persons involved in the issue or incident are not available. A copy of the City Manager's Final Determination will be sent to the grievant for review, written comments, and signature. ff the grievant is satisfied and the issue is resolved, the ADA Compliance Officer will seek to obtain written verification from the grievant. 29 City of Temecula AMERICANS WITH DISABILITY ACT (ADA) GRIEVANCE FORM PURPOSE: CONTACT: SECTION I. This form provides a written record of formal actions taken in an effort to resolve an allegation of non-compliance with the Americam With Disability Act (ADA). The filing of a writtcn grievance does not preclude informal resolution. The Hullsall R~sourc~ AdminimratOr iS desigllated as the ,iDA Co!llpliallce Officer. He/she will serve as the single contact for ADA issues and facilitaec grievance resolution at the earliest stage. File this form with the ADA Compliance Officer. GRIEVANCE INFORMATION G~evant Name: Phon~: Address: A, WHAT SPECIFIC ADA REQUIREMENT(S) HAVE BEEN OR ARE BEING VIOLATED? Be WHAT ACTIVITY, FACILITY, OR CITY SERVICE DO YOU BFJ,IF~VE TO BE DISCRIMINATORY? D. E. F. G. H. ON WHAT DATE(S) DID THIS ACTION HAPPEN? WHO ELSE HAS BEEN INVOLVED IN THIS ISSUE? REMEDY YOU ARE REQUESTING: ARE YOU BEING REPRESENTED BY ANOTHER PERSON? NO WHO? PHONE: GRIEVANT'S SIGNATURE: DATE: GRIEVANT'S PRINTED NAME: 3O ADA GRIEVANCE FORM CASE IDENTIFICATION: SECTION II. INITIAL FINDING BY ADA COMPLIANCE OFFICER (if initial finding is attached enti~e it as 'anachment A') Signature: Date: Printed Name: Title: SECTION llI. GRIEVANT'S RESPONSE TO INITIAL FINDING GRIEVANT CHECKS ONE OF THE FOLLOWING: I accept the resolution of this grievance as presented in the INITIAL FINDING. I do not accept the resolution of this grievance as presented in the INI'I/AL FINDING. I hereby request an appeal to the City Manager. ' Grievant Signature: Date: REQUEST OF APPEAL TO THE CITY' MANAGER hillST BE SLrB1VIITfId, D TO TI-[E CITY 1VLa3qAGER NO LATER THAN TEN (10) DAYS AFTER YOU RECEIVE TIlE INITIAL FINDING. YOU WU I, BE CONTACTED TO SET UP A HEARING. SECTION IV. CITY MANAGER'S FINAL DETERMINATION (IF CITY MANAGER'S FINDING AND DECISION is attached, entitle it as 'Attachment B*) Signature: Date: City Manager ADA GRIEVANCE FORM CASE IDENTIFICATION: SECTION V, GRIEVANT RESPONSE TO CITY MANAGER'S FINDING AND DECISION GRIEVANT CHECKS ONE OF THE FOLLOWING: I accept the resolution of this grievance as presented in the CITY MANAGERS FINDING AND DECISION. I do not accept the resolution of this grievance as presented in the CITY MANAGER'S FINDING AND DECISION. Grievant Signature: Date: SECTION VI, ADA COMPLIANCE OFFICER RECORD A, DATE FORMAL GRIEVANCE RECEIVED: .. B. DATE INVESTIGATION COMPLETED: C, DATE INITIAL FINDING COMPI .I::-TED AND SENT TO PARTIES INVOLVED: D. DATE GRIEVANT'S ACCEPTANCE OR APPEAL REQUEST RECEIVED: E. DATE APPEAL REQUEST TO CITY MANAGER: F. DATE OF CITY MANAGER'S APPEAL: G. DATE C. M. 'S FINAL DETERMINATION RECEIVED: 12 H. DATE SENT TO GRIEVANT: I. DATE GRIEVANT'S ACCEPTANCE RECEIVED: J. DATE. ISSUE RESOLVED: COMMENTS: ITEM 5 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager /~Joseph Kicak, Director of Public Works/City Engineer September 12, 1995 SUBJECT: I-15/I-215 Joint (Temecula-Murrieta) Corridor Planning Study- Contract Award to DKS and Associates, Inc. RECOMMENDATION: That the City Council award Professional Services Contract for I-15/I-215 Joint (Temeculao Murrieta) Corridor Planning Study to DK:S and Associates, Inc. BACKGROUND: On May 11, 1995, the Joint (Temecula-Murrieta) Transportation Committee voted unanimously to recommend the City Councils of the two cities enter into a contract with JHK and Associates, with the amount not to exceed $74,991.00. Their recommendation was based on the recommendation of the interview panel composed of the representatives of the two cities, Caltrans and WRCOG. On August 21, 1995 we were advised that the representative of JHK and Associates, Inc. who made the presentation to the interview panel and was designated project manager resigned from JHK and Associates, Inc. The panel's decision to award to JHK and Associates, Inc. was based on the presentation by the project manager and familiarity of the panel members with his capability and experience. The second highest ranked consulting firm for the study was DKS and Associates, Inc. As a result of the recent resignation, the staff of the City of Murrieta and Temecula agree that the contract should be awarded to DI(S and Associates, Inc. The City of Temecula is the lead agency in this project. The source of funding for the proposed project is the Federal STP Planning funds of 88.53% ($66,390), with the balance of 11.47% ($8,601) being shared equally by the two cities, or $4,301.00 by each City. The purpose of the study is to determine the most efficient way of moving traffic along the corridors of the two Interstate Routes and to establish a priority list of projects to accomplish this goal. Investigation of sources and the availability of funding for these projects are likewise within the scope of this study. -1 - r:~agdrpt~95~0912\dke-corr.awd An Agreement for the Federal funding of the study has been previously approved by the City Council as well as Caltrans, and is on file with the City Clerk. FISCAL IMPACT: The City of Temecula's pro-rata share of the cost of this project, $4301.00 will be funded with Development Impact Fees, as approved by Council in the Capital Improvement Program Budget. The Federal portion of the cost, $66,390.00 is likewise included in the budget for this project and will be received as reimbursement for the expenditures. Attachments: 1. Exhibit A - Study Area Map 2. Exhibit B - Agreement for Professional Services -2- r:%egdrpt%95%0912~lke-corr.ewd AGl~~ FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of , 19 , between the Cities of Murrieta and Temecula, municipal corporations, hereinafter referred to as "Cities" and the following consultant: DKS Associates, A California Corporation bereinafter referred to as DKS The parties hereto mutually agree as follows: SERVICES, Consultant ( DKS ) shall perform the tasks set forth in Exhibit A attached hereto which describes 1-15/I-215 Corridor Study. Consultant shall complete the tasks according to the schedule set forth in Exhibit A. DKS will be responsible for the completion of Engineering Services as set forth in Exhibit A. PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. PAYMENT. The Cities agree to pay Consultant monthly at the hourly rate set forth in Exhibit "B" attached hereto, based upon actual time spent on the above tasks. This amount will not exceed SEVENTY TWO THOUSAND. NINE HUNDRED. TWENTY NINE ($72.929~ for the total term of the Agreement unless additional payment is approved by the Cities. Consultant will submit involves 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. The invoices must be in a format acceptable to Caltrans. SUSPENSION. TERMINATION OR ABANDONMENT OF'AGREEMENT. The Cities may, .' at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after receiving an invoice from the Consultant, the Cities shall pay Consultant for work done through the date that work is to be ceased based upon the hourly rate set forth in the Exbihit "B". ff the Cities suspend, terminate or abandon 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 Consultant is in default for cause under the terms of this Agreement, the Cities 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 standard of care of the Industry. 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. lof6 , , 10. If the Cities determine that the Consultant defaults in the performance of any terms or conditions of this Agreement, the Cities shall serve the Consultant with wrinen notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the Cities shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may entitle at law, in equity or under this Agreement. TERM. This Agreement shall commence on October 1. 1995 , and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 1. 1996 . OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all instruments of service, including 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 Cities and may be used, reused or otherwise disposed of by the Cities without the:permission of the Consultant, provided that the Consultant shall not be liable for such use, re-use or otherwise disposed by the Cities. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the Cities a wholly independent contractor. Neither the Cities nor any of their officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as herein set forth. The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the Cities. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, Cities shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Cities. Cities shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. LEGAL RESPONSIBILITIES. The Consultant shall keep informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times employ professional care to observe and comply with all such laws and regulations. The Cities, and their officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant 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, and return receipt requested, addressed to the Directors of Public Works, of the Cities of Murrieta located at 26442 Beckman Court, Murrieta, California 92562 and Temecula located at 43174 Business Park Drive. Temecula. CA 92590 and Douglas E. Smith at 2700 North Main Street. Suite 900. Santa Ana. CA 92705 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 purpose. 2of6 11. 12. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any pan thereof, nor any monies due hereunder, without the prior wrilxen consent of the Cities. Upon termination of this Agreement, Consultant's sole compensation shall be for satisfactory services rendered pursuant to the terms herein prior to termination. LIABILITY INSURANCE. The Consultant shall maintain insurance acceptable to the Cities by an admitted insured, in full force an effect throughout the term of this contract, against claims for injuries to persons or damages to property which may arise from the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Best's rating of no less that A:VII. The cost of such insurance shall be included in the Consultant's bid. The Consultant 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 Number GL-0002 (Ed. 1/72) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG Insurance Services Office form no. CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. Worker's Compensation Insurance as required by Labor Code of the State of California an Employer's Liability insurance. 4. Errors and Omissions insurance. Minimum Limits of Insurance. Consultant ( shall maintain limits of insurance no less than: DKS ) General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employer's Liability: Worker's compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Professional Liability Insurance: $1,000,000 per occurrence and in the annual aggregate. 3of6 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 Cities via United States First Class Mail. General Liability and Automobile Liability Coverage. The Cities of Murrieta and Temecula, their officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Cities, their officers, officials, employees or volunteers. With regard to claims arising from the Consultant's performance of the work described in this contract, the Consultant's insurance coverage shall be primary insurance as respects the Cities of Murrieta and Temecula, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Cities, their officers, officials, employees and volunteers shall apply in excess of, and not contribute with, the Consultant's in-~urance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Cities, their officers, officials, employees and volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, within the limits of the insurer's liability. Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Cites of Murrieta and Temecula, their officers, officials, employees and volunteers for loss~ arising: from work performed by the Consultant for the Cities. Verification of Coverage. Consultants shall furnish the Cities with certificates of insurance effecting 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 Cities and are to be received and approved by the Cities before work commences. The Cities reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultants shall include all subconsultants as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 4of6 13. 14. 15. Any deductibles or self-insured retentions must be declared to and approved by the Cities. At the option of the Cities, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the Cites of Murrieta and Temecula, their officers, officials, employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. INDEMNIFICATION. The Consultant agrees to indemnify and save harmless the Cites of Murrieta and Temecula, their 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 Cites, their 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 wrongful or negligent performance under the terms of this Agreement, excepting only liability arising out of the sole negligence of the Cities. ENTIRE AGREEMENT. This Agreement nnd 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. KEY PERSONNEL. The Consultant agrees to assign Mr. Douglas Smith as Project Manager. The Consultant further agrees not to change the key staff without written approval of the Cities, provided the named individuals remain either as employees or as independent contractors of the Consultant. Should the project manager or key personnel be replaced for reasons outside of the Consultant's control, the replacement shall be approved by the Cities. 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 k is signed by the representatives of the Cities. This Agreement may be executed in counterparts. 5of6 IN WITNESS WHEREOF, the paxties hereto have caused this Agreement to be executed the day and year first above written. DKS Associates, A California Corporation (Consultant) By: _ · Smith, P.E. Principal City of Murtieta City of Temecula , Mayor , Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: , City Attorney , City Attorney ATTEST: ATTEST: · City Clerk , City Qerk 6of6 Cities of Murrieta and Temecula - I-1 511-215 Corridor Planning Study 2. SCOPE OF WORK This study will identify future capacity requirements' on routes within the Corridor Study Area and will provide a priority listing of the projects which most appropriately satisfy the capacity requirements. It will also identify the size 'and number of facilities needed to accommodate the future travel demand. The next step in the study includes the development of system alternatives and some conceptual design. Task 1.0: Project Initiation This task involves the initiation of the project and refinement of the scope of work. SUBTASK 1.1: Kickoff Meeting(s) and Refinement of Scope The DKS team will meet with the TAC and other participating agency staff, to initiate contacts and to review the proposed scope of work and schedule. The scope and schedule will i~e refined and detailed and, if necessary, tasks will be reorganized and/or modified through mutual agreement. SUBTASK 1.2: Collection of Available Engineering Data All available data and resources will be collected. Material will include, but will not be limited to: · Cities of Murrieta and Temecula General Plan and Circulation Element and EIR's · Riverside County General Plans and General Plan Amendments · Aerial Photography from County Flood Control and the cities of Murrieta and Temecula · Available traffic counts and intersection control plans · Traffic analyses information from the Murrieta/Temecula SCAG/WRCOG Transportation Modeling Study, known as "Southwest Area Planning District Focused Model Development" · All pertinent information on the planning for the improvements to the I-15 interchanges at Winchester Road, Rancho California Road, Murrieta Hot Springs Road and the Overland overcrossing. Also, the 1-215 interchange at Murrieta Hot Springs Road · Precise alignment plans for Jefferson Avenue in Murrieta from Cherry Street to Ivy Street · Circulation Elements of Murrieta and Temecula · Southwest Area Road and Bridge Benefit District Analysis Report · AutoCAD file for Area Map · Existing funding in place for funded improvements (CIP) · Other information as may be required 4013E,4~5,2002~', 6 DKS Associates Cities of Murrieta and Temecula - I-15/I-215 Corridor Planning Study Task 2.0: Existing Conditions Analysis This task will collect data on the existing conditions in the study area and present the information as the background and setting for identification of programs and formulation of solutions. SUBTASK 2.1: Identification of Community and Local Issues' Through meetings with the TAC, DKS will identify issues of concern and potential capacity constraints within the corridor area. Issues of concern may include !and use and development, environmental, traffic congestion, access, circulation and other issues. Sensitive land uses in the study area, focusing on areas identified by the cities of Murrieta and Temecula will be reviewed. SUBTASK 2.2: Existing Circulation and Traffic Conditions Based on traffic data, research of documents collected, existing volumes and operating levels of service within the corridor, existing capacity shortfalls will be estimated. Product: Existing Conditions RePort Task 3.0: Preliminary Alternative Analysis This task involves the development of eight (8) system scenarios for future circulation patterns, corridor travel demand, potential congestion problems and capacity needs for the year 2015. SUBTASK 3.1: Future Base Travel Demand Forecasts This scenario only assumes the completion of committed and funded projects within the corridor. In essence this forecast will represent a "no project" or screenline scenario. In addition to forecast daily and peak hour traffic volumes, travel demand and origin- destination patterns from the base year conditions will be reviewed. Future travel demand forecasts will be provided from the Murrieta/Temecula SCAGRVRCOG Transportation Modeling Study, "SWAPD Focused Model Development". SUBTASK 3.2: Future Capacity Deficiencies and Operating Conditions Future travel demand in the corridor will be compared against the available capacity. Facility and corridor operating conditions and congestion will be quantified and analyzed in terms of volume/capacity ratios, levels of service and delay. This base analysis will be performed by Hank Mohle and Associates. SUBTASK 3.3: Future Corridor Capacity Needs This is one of the key tasks of the corridor study, which will identify the future capacity needs in the corridor in a general manner. Based on information developed in the previous ~a13s.4as,2oa2~o 7 DKS Associates Cites of Murrieta and Temecula - I-1 511-215 Corridor Planning Study two subtasks, future traffic growth and demand will be quantified and capacity requirements necessary to serve the projected traffic will be identified. Analysis of forecast traffic volumes, origin-destination and screenline results will provide information on the future travel demand in the corridor and will provide preliminary and generalized information on whether the forecast corridor travel demand would be best served by concentrating improvements along one facility or allocating the additional capacity among multiple facilities. Product: Future base Conditions Report including: - Future Travel Forecasts - Future Corridor Capacity Needs Task 4.0: Development and Analysis of Alternatives Based on travel demand information developed in the previous task, this task will identify, analyze and evaluate the effectiveness of. various .system alternatives to provide acceptable capacity to meet this future demand. SUBTASK 4.1: Design Criteria and Right-of-Way Needs A set of design criteria will be developed conforming to the cities of Murrieta and Temecula guidelines by facility type. The criteria will rely heavily on current agency standards. Typical cross sections and right of way needs for each identified facility will be defined, as well as typical intersection geometrics. SUBTASK 4.2: Development of Alternative Facilities This task will include development and system alternatives to provide the needed future corridor level capacity. As many as eight (8) candidate alternatives will be identified in coordination with the TAC. The capacity requirements for the corridor, as identified in the previous task, will be the basis for determination of the type of facility(ies) needed. The alternatives may include, but will not be limited to, construction of new facilities, as identified in Figure 1, or improvements to and upgrading of one or combinations of facilities. At least one alternative will be presented with no Date Street overcrossing of I- 15. These existing and new routes will be analyzed in relation to developed design criteria. Alternative improvements will be graphically represented along with right-of-way needs. SUBTASK 4.3: Alternative Traffic Analysis Each of the eight (8) identified system alternative will be modeled by Hank Mohle and Associates. DKS will review the analysis for the purposes of identifying alternatives which may not warrant continued scrutiny or may be included in the ultimate list of mitigation. 40136_495x2002~aro 8 DKS Associates Cilies of Muftieta and Temecula - I-15/I-215 Corridor Planning Study SUBTASK 4.4: Evaluation and Comparison of Alternatives An evaluation matrix will be developed in consultation with the TAC. The matrix will be used to identify and compare the relative merits of each system alternative. We believe that development of a comprehensive matrix is one of the key tools necessary to fully evaluate each of the alternatives. In this initial phase, factors to evaluate alternatives may include: engineering feasibility, identified preliminary environmental impacts, jurisdictional land use policy and compatibility, traffic congestion relief, overall circulation and access improvement potential. We believe that heavy emphasis should be placed on the compatibility of the future facility with policies and goals of affected jurisdictions. As an example, if a proposed facility is incompatible with land use and development goals of a particular jurisdiction, it should be identified and factored in to the evaluation process. SUBTASK 4.5: Traffic Memorandum DKS ,will prepare a technical memorandum outli~ing the methodology and results of this task. It will be submitted for approval before significant conceptual design work will begin. Product: Traffic Memorandum incorporating Existing and Future Conditions reports and Alternatives Evaluation Results including: - Maps and Aerial Photos of Alternative Geometrics - Documentation of Study and the Determini.ng Factors Task 5.0: Alternative Network Analysis This task involves preparing alternative corridor network improvements and analyzing them for "fatal flaws." SUBTASK 5.1: Initiate Analysis The DKS team will meet with the TAC and other participating agency staff to review the traffic memo and discuss alternatives to be further studied. The scope and schedule will be refined and detailed and, if necessary, tasks will be reorganized and/or modified through mutual agreement. SUBTASK 5.2: Develop Alignment Evaluation Criteria and Matrix A set of evaluation criteria will be developed for comparison of alternative improvements and appropriate weighting factors will be specified for each criterion. These criteria may include such items as extent of improvement, total right of way needs, impacts on adjacent land uses, total cost, etc. 4~13~J495x2002~r~ 9 DKS Associates Cities of Murrieta and Temecula - I-15/I-215 Corridor Planning Study SUBTASK 5.3: Alternative Development DKS Associates will develop roadway concepts for the identified corridor alignments using 1" = 200' scale photographs. Intersections and interchange geometrics will be defined to the extent necessary to determine limits of right-of-way requirements. Consideration will be given to the needs and desires of local communities, traffic movements, angle of intersections, adjacent development and right-of-way. These drawings will be prepared on 11 "xl 7" exhibits to be included in both the Draft and Final Report. SUBTASK 5.4: Vertical Geometrics Rough profiles will be produced for the unconstructed links to determine constructability and produce cost estimates. Profiles will be developed using existing county flood control contours, latest USGS quad maps and other available data from city agencies. The need for bridges, culverts and other structures will be determined as part of the "fatal flaw" analysis. SUBTASK 5.5: Alternative Evaluation DKS Will analyze the alternatives for' traffic operations and construction costs. Product: Map(s) of Improvement Alignment Alternatives Overlays, renderings, sections and graphical representations illustrating environmental and engineering constraints Technical Memoranda describing engineering characteristics of alignment alternatives, including cost and right-of-way needs SUBTASK 5.6: Complete Evaluation and Scoring Matrix The alternatives identified will be field checked. The linear scoring matrix will be completed for all alternatives. This matrix will place a numerical value on all factors concerning the alignment and will be used in quantifying the merits of each alternative improvement. SUBTASK 5.7: Evaluate Alternatives and Select Preferred Alternative Improvements The superior alternative will be identified based on the scoring. The preferred alternative will be recommended based on engineering and economic evaluations of the alternatives. Through coordination with the TAC, the merits of each alternative alignment will be discussed and the recommended alignment will be selected for future consideration. Product: Technical Memoranda on Alternatives Evaluation and Selection SUBTASK 5.8: Cost Estimates A conceptual construction cost estimate will be developed commensurate with the level of design. The estimate will be of a conceptual nature and will address roadway materials, earthwork, crossing structures, utility relocations, drainage structures, and other major items. This estimate will be prepared on the basis of 1995 dollars, and an appropriate contingency cost to be included as a part thereof will be recommended. 4~Tf3t~4SSx2002,m'~ 10 DKS Associates Chies of Muftieta and Ternecula - I-1 511-215 Corridor Planning Study Product: Conceptual Design Drawings of Identified Alternative Geometric Improvements Right-of-Way Requirements Cost Estimates Task 6.0: Funding Since funding is obviously a crucial factor in determining the practicality of any alternative, it will be a key consideration in the evaluation. DKS will work closely with the TAC to develop and articulate an understanding of the levels and sources of funding which could be applied to future improvement projects under the realistic expectations of the present stat,e federal and regional transportation funding programs and policies. Alternate funding scenarios having some interest and support at the regional, state and federal levels would be explored and their possible consequences for funding of corridor projects would be interpreted. : Development and selection of the preferred alternative in the process through Task 4 would give ConsideratiOn to the anticipated .funding stream given present policy trends. However, if these are alternatives which seem preferable on all other evaluation criteria except relation to present funding policies and institutional arrangements, these would also be carried forward to the final assessments and identified as desirable additive features to the preferred alternative or as a superior alternative under the right conditions. The objective' here is to not let the proposed plan for the corridor be confined by present limited funding policies or institutional arrangements, particularly if more ambitious improvement plans seem needed and desirable. Task 7.0: Meetings DKS will attend monthly TAC meetings (6 assumed), highlighted in the proposed schedule. DKS will also willingly make presentations to City Council and other bodies, as indicated as necessary by the TAC. Task 8.0: Report Preparation DKS will collect all documents and technical memorandum into the Final Report. This report will summarize the methodologies used and the results of various analysis. All graphics, tables and text will communicate the results of this study. A Draft Report will be submitted to the TAC for review and comment. DKS will make the required revisions and resubmit the Final Report. Product: 10 Copies of Draft Report 50 Copies of Final Report Digital files on Disk along with Original Set of Documents 4o136j495x2oo2~, 11 DKS Associates Ciljes of Murrieta and Temecula - I-1 511-215 Corridor Planning Study 3. MANAGEMENT PLAN In order to successfully accomplish the work program required for the I-15/I-215 Corridor Planning Study, a multidisciplinary team of professionals must be assembled and managed. 3.1 Management Approach Having successfully completed other projects of this magnitude, the DKS team understands and possesses the required communication skills that are vital to implementing this project. The key to assuring that the issues receive the necessary attention, that the objectives are met, that the project schedule is adhered to and that the project stays on budget is the responsibility of the project management. DKS has successfully managed many large-scale studies such as this one with multiple team members. Mr. Douglas E. Smith, P.E., has been selected as Project Manager, overseeing the project work program.- Mr. Smith is a registered civil and traffic engineer with extensive experience in alternative roadway analysis. He has prepared numerous reports of this nature including a conceptual design report for Waterman Avenue in San Bernardino and the Project Study Report (PSR) for MacArthur Boulevard in Irvine. Mr. Smith has directed alternative traffic analysis on a segment of the Eastern Transportation Corridor, the Culver Drive Realignment Study in Irvine and Whites Canyon Road in Los Angeles County. He recently completed the Huntington Beach Circulation Element and Torrance Citywide Traffic Study as Project Manager. His knowledge of traffic analysis and conceptual roadway design makes him capable of successfully managing this project. The role of Principal in Charge will include overseeing the management of the project and providing technical advice to the project team. The role of project manager will be overseeing and coordinating the team members. He will run scheduled team meetings and meetings with Agency representatives. The project manager will be present at all public meetings, if any are scheduled, acting as the chairperson for the team. He will be the technical liaison for the team. In addition, the project manager will review the progress of the project and resolve technical and time coordination issues. In order to provide overall management structure to the project, the DKS team has selected the use of management by objectives. It is essential to have a strategy that clearly identifies the roles of each staff, maps the relationship of each function and prepares a time line diagram which networks the flow of data and input from various sources. A PERT chart will be established at the onset of the project which will identify for TAC representatives and team participants the critical and non-critical timing of accomplishments. Once the objectives have been established, the team participants will proceed with the project and data gathering. There will be time objectives to meet for each step; status in meeting the objectives will be reported to the project manager. Baseline analysis will occur from the various disciplines. Working with Agency staff will be an integral part of the assessment process. In addition to providing engineering solutions to the project, the sensitivity to adjacent properties' 40taa.~95x20024~, I 2 DKS Associates Cilies of Murrieta and Temecula - I-1 511-215 Corridor Planning Study environmental concerns, circulation, safety and parking needs will be important considerations in developing final solutions. DKS will work with the various involved agencies including planning, community development and public works to incorporate input from many sources into the evaluation process.. The DKS team will approach this project in several .organized, strategic phases, including an initial data gathering phase, a traffic analysis phase and a final report phase. The involved agencies, with the DKS team, will ultimately select the preferred alternative. The determination will be based upon meeting the objectives as stipulated in the request for proposal and cost effectiveness. Value engineering will be an integral component of the analysis process. Team members skilled in value engineering will independently assess the alternatives being pursued to determine if the best value of approach is being selected. The alternative selection process is the core of the project, bringing together the disciplines of traffic engineering, civil engineering.and value engineering. Changes to the existing roadway system will have benefits and ramifications to the properties, utilities, structures, and the environment. Therefore, v~e have created an interactive team familiar with the problems of roadway improvement projects to evaluate the useful alternatives in the most efficient manner. An important phase of the project involves identifying engineering constraints that can be used as input to the development of project alternatives. During the process, "fatal flaws" that could eliminate alternatives will also be identified. The location and/or design of each proposed improvement will be developed to minimize the impacts of the project. The selection of the preferred alternative will be based on engineering concerns as identified during meetings. DKS will evaluate each of the alternatives. Periodic sessions will be held between DKS and the TAC to discuss each of the alternatives, providing different perspectives. Favorable alternatives will be selected for evaluation by the value engineering team. Write-ups of justification will be prepared. Approximate cost estimates will also be prepared. 'Each segment will undergo a thorough evaluation based upon field reconnaissance by skilled engineers such that the selected alternatives will meet the objectives of the project. This element of the project will be the most intense and dynamic phase due to the potential for several iterations in order to recommend alternatives that are responsive to the future traffic demands. The final document will consist of two packages: 1) conceptual alternative system improvements and 2) final traffic report. The report will establish the process of selection of the alternatives, how it meets the objective, the reasons for selection and a breakdown of the cost of the alternatives. Right-of-way information will be a part of the data. A photo reduced copy of each plan will also be included in the report. The transportation impacts of the preferred alternative will be evaluated by comparing measures of performance for future traffic volumes for the existing roadway conditions with those predicted for the finished projects. Existing conditions (year 1995) will also be evaluated for comparison purposes. The evaluation will be limited to calculation of major 40136.495z2002~, 13 DKS Associates Cities of Murriete and Temecula - I-15/I-215 Corridor Planning Study intersection volume-to-capacity ratios and the level of service for the peak period, plus a qualitative discussion of circulation and access impacts. DKS is very interested in providing our services to the cities of Murrieta and Temecula on this project. We are committed to the successful completion of this project. 3.2 Project Organization DKS has managed projects ranging from areawide planning studies to Alternatives Analysis/EISs for multimodal corridors. DKS project managers are well-trained in the skills of managing complex projects. The chart on the following page illustrates the project organization structure. 3.3 Project Staff Summaries This section coorains brief qualifications-summaries for key staff members from the DKS team.. The roles of key project staff and their experience in similar assignments are described below. Resumes of each are included in the Standard Form 255 section to this proposal. 3.3.1 PROJECT MANAGER This is a very important project to the participating agencies and to DKS Associates. It requires the assignment of a senior-level project manager with experience in similar studies and who will have the requisite amount of time available to devote to this assignment. Mr. Douglas Smith, P.E., is the designated Project Manager. Douglas E. Smith, P.E., Project Manager. Mr. Smith is a registered civil and traffic engineer with more than 14 years of professional experience. As a registered civil engineer, Mr. Smith has participated in the conceptual design of numerous facilities. His experience includes preparation of conceptual design reports for Perez Road in Cathedral City and Waterman Avenue in the City of San Bernardino. He has also participated in conceptual design of Whites Canyon Road in Los Angeles County and Mountain Avenue widening in Upland. Mr. Smith assisted in the preparation of the MacArthur Boulevard PSR in the City of Irvine. He directed the preparation of a traffic analysis for the North leg of the Eastern Transportation Corridor and conceptual design of Mountain Avenue in Upland. In addition, Mr. Smith has extensive experience in the analysis and design of intersections, roadways and traffic signals. Mr. Smith has working knowledge of how to manage transportation models and has been project manager on DKS' Huntington Beach and Lancaster Circulation Elements as well as the Torrance Citywide Traffic Analysis Study. Mr. Smith has managed projects with over ~500,000 in design fees. His combined experience in traffic engineering and analysis and roadway design are key elements to the successful completion of this project. He has also had an extensive working relationship with Caltrans staff. 4013S.495,2OO2~r, 14 DKS Associates Proposed Organization Chart CITIES OF TEMECULA AND MURRIETA . :' K.' .' ' .7:; :; :?'2 :. -:': } :- ,,: -.::::.::: .-::~-..'. ; ·: !.. :Zu!Ei-;ZiCiEZE-:Ei:CYi~}L:i:4i;-Z-2G~::: ...........................................~L-}-=-:!iC.E.:~iE!;L-_af~'_::~-":!EE~EEE-Z--E;EiZ:ZEiEi~E~ - " .... "":""':"':"'*""*'*:'*";'*:"""'*"" : 7-::. ~:::c":-'.-:~i::':.'iE:Ez:Z:.ZiF_-:F.-:EEEE'~E~'-: ,JOINT T.i=CHNIQAL i-_.!--:-.:: :!:_~-:Z~!.!~TF~i;!i:~7!:!:.!:!L!EE!i~_Ei!~. ADVISORY COMITI'EE GER . ............... :::'::::., ::-:::-! :!::.i: Robert J. Close, P.E. -----~ --~-'- ......................~-.--,-t_ ...................................... - John P. Long, P.E. -~-:' ' -:' George Fares, P.E. :: :::_'~::-2:.:.-:..:_~.c-~r_-'~::~:=z-<-:~'.--:~:~::::.-':'::: ~:' '~ ':~-:.:.:_~' · ;' z.L-_y:'~E.'..'-~7.'T~-:E'.L'~L-:~_f.:.~.:.:::.:._.: :.Z.'~'_-'_:::.:~-.'7~:'~-:-::~ . --~-.---: :~ ....:-i:6:::-'X':~!~i: .:. :-:~;..~-.:-~, ..--:~= ---.-::_-.~+:-=-:-.:. >!-:-:.---:.z--~_~r-i:t--!:~2:i:~.:z.--;f.=:!:~-:=-~:t:':i,..::y:?~z:~:-: "}':~i-~:~ · ' ' -' ': :' ::"X !.: ' "'/' =';': . ' - :--: ~:~iL--4-~.::..: :- - :.:-:--:::z.z~i:;~.-::-. :> ~:_-i~::~.:-:i~:7'::-:::-:: ~::::-:---' ::-i:~.~ ............... .:'.'. :.:.. :...'::Z:.:...'. '.'. -: - .":7..-'-~ TRANSPORTATION ANALYSIS Keith B. Heimuth, P.E. Mario Sanchez, P.E. DKS Associates Ciljes of Murrieta and Temecula - I-1 511-215 Corrido~ Planning Study 3.3.2 PRINCIPAL-IN-CHARGE The Principal-in-Charge is a very important project person to the participating agencies and to DKS Associates. The Principal-In-Charge will serve as DKS's commitment and dedication to the project. He will assist the Project Manager in overseeing the project and ensuring that adequate resources and staff are assigned to the project. He will also ensure that the overall product is consistent. In addition, he will provide his expertise in geometrics and civil design. Mr. Robert J. Close, P.E., DKS Principal and Director of the Orange County office, will serve as Principal-in-Charge. Robert J. Close, P.E., Principal-in-Charge. Mr. Close is an experienced senior project manager in transportation design and planning projects and studies as well as construction administration projects. He has been responsible for rail transit; highway design, bridge structures, and water resources projects. He has been involved in projects with state highway departments, federal agencies, and city and county agencies throughout North America. Mr. CIose's previous employment included nine years with the Cook County (Illinois) Highway Department. While at Cook COunty, he spent seven years in the Transportation Planning Division where he prepared Countywide transportation analyses and CIP plans and participated in regional and state level committees establishing multi-modal Transportation Improvement Programs. He worked with staff and elected officials to determine appropriate funding sources, project feasibility, priority analysis and inter-government cooperative agreements. 3.3.3 OTHER KEY STAFF Keith B. Helmuth, P.E., Transportation Analysis. Mr. Helmuth is a transportation engineer with eight years of experience. Mr. Helmuth is very familiar with the operation of arterial roadways and intersections, having evaluated hundreds as part of project traffic impact studies, timing plans and alignment studies using Highway Capacity Manual Methods, PASSERII 90 and TRANSYT-7F. Mr. Helmuth is also experienced in roadway civil design including being design set coordinator for portions of the Desert Inn Road Super Arterial in Las Vegas, Nevada. Mario A. Sanchez, P.E., Geornetrics-Civil. Mr. Sanchez has extensive technical experience in traffic/transportation engineering and planning, traffic signal design and traffic engineering design with the utilization of AutoCAD computer software as well as Highway Capacity Manual, PASSER an TRANSYT software systems. Mr. Sanchez has been involved in numerous projects requiring either geometric or civil design. The Honolulu Rail Rapid Transit Development (Hawaii) required extensive geometric design for road widening due to 16 miles of guideway columns. Most recently, Mr. Sanchez was project engineer for Mt. San Antonio College parking lot design which entailed pavement reconstruction of six lots. Mr. Sanchez was project engineer for the Huntington Beach Circulation Element which evaluated future buildout conditions for the entire City including geometric conditions, based on future projected traffic conditions. 40136J95x20024~r~ I 6 DKS Associates Cilies of Murrieta end Ternecula - I-15/I-215 Con'idor Planning Study 3.3.4 VALUE ENGINEERING TEAM Mr. John P. Long, P.E., and Mr. George B. Fares, P.E. will perform Value Engineering and Quality Control on this project~ Their resumes are included as part of the Standard Form 255s. ~z;Lufz~az~, 17 DKS Associates Cilies of Murrieta and Temecula - I-15/I-215 Corridor Planning Study 4. PROJECT SCHEDULE DKS Associates has designated that this project be completed within six (6) months of the notice-to-proceed. The DKS Team has discussed the project schedule in detail. We are confident that, given our extensive staff, computer, equipment and facility resources, the DKS Team can complete this project within the anticipated schedule. This section includes a project schedule for the DKS Associates team, assuming a start date of March 1, 1995. In developing the schedule, the team identified the tasks to be performed, those that can be performed concurrently, critical and non-critical tasks, and products or deliverables. Project Schedule !: , - COMPLETION. NO. TASK ~::;: DURATION .'!~i :; -DATE '-' - 1 Project Initiation 2 weeks March 15, 1995 2 Existing Conditions 3 weeks April 5, 1995 3 Alternative Analysis 4 weeks May 3, 1995 4 Alternative Development 4 weeks May 31, 1995 5 Network Analysis 4 weeks June 28, 1995 6 Funding 2 weeks July 26, 1995 7 Meetings every 2 weeks September 1995 8 Report Preparation 5-6 weeks September 1995 ~ ::ELEMENT Discussion with TAC Receipt of Data Identify 1 st set of alternatives Develop 2nd set of alternatives in greater detail Develop implementation plan I.D. cost and funding Throughout project TAC consensus This section also includes a table of DKS Associates' team, detailing workload commitments for key project staff. The table lists current workload, projected workload commitments as of February 1, and percentage of time available to commit to this project. It can be seen that key people involved in this project have extensive availability after February 1 to dedicate to this task. 4013~.495x2OO2~r, 18 DKS Associates ITEM 6 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer September 12, 1995 Parcel Map 28122 (located east of Meadows Parkway, between Rancho California Road and Rancho Vista Road) PREPARED BY: ~Jim D. Faul, Assistant Engineer - Land Development RECOMMENDATION: That the City Council approve Final Parcel Map 28122 subject to the Conditions of Approval. BACKGROUND: Tentative Parcel Map 28122 (PA95-0007)was approved by the City of Temecula Planning Director on March 23, 1995. The Developer has met all of the applicable Conditions of Approval. Final Parcel Map 28122 contains three (3) parcels within 0,472 gross acres. The parcel map is located east of Meadows Parkway, between Rancho California Road and Rancho Vista Road in the Vintage Hills area of the Margarita Village Specific Plan No. 199. This parcel map is a subdivision of lot 13 of Tract Map No. 22716-2 recorded on October 26, 1995 in Book 208, Pages 78 through 81 of maps in the office of the County Recorder of Riverside County, California. The Developer is Van Deale Development Corporation. The following fees and deposits have been paid for Final Parcel Map 28122: Flood Control Fee, ADP paid under Tract Map 22716-2 The following fees have been deferred for Final Parcel Map 28122: Stephen's K-Rat Fee Public Facilities Fee Signal Mitigation Fee Fire Mitigation Fee Due prior to Grading Permit Due prior to Building Permit Due prior to Building Permit Due prior to Building Permit -1 - r:\agdrpt~95%0912~prn28122.map The following bonds have been posted for Final Parcel Map 28122: Faithful Labor & Performance Material Subdivision Monument Demolition & Replacement (Meadows Parkway) $1,568 $748 Survey Monuments Landscape (see attached letter from TCSD) $400 FISCAL IMPACT: None. ATTACHMENTS: 2. 3. 4. 5. Development Fee Checklist Vicinity Map Copy of Sheet 2, Parcel Map 28122 Fees and Securities Report TCSD letter dated 7-28-95 -2- r:~egdrpt\95~0912~0m28122.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Final Parcel MaD 28122 The following fees and deposits were reviewed by Staff relative'to their applicability to this project. Fee Condition of Aooroval Habitat Conservation Plan (K-Rat) Parks and Recreation (Quimby Fees) Traffic Signal Mitigation Public Facility Fire Protection Mitigation Flood Control (ADP) Condition No. 7 Due Prior to Grading Permit Condition No. 64 Due prior to Building Permit Condition No. 30 Due Prior to Building Permit Condition No. 53 Due Prior to Building Permit Condition No. 65 Letter dated 3-1-95 Condition No. 42 (paid under Tr. 22716-2) -3- r:~agdrpt~95\0912%pm28122.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP 28122 IMPROVEMENTS Demolition/Replacement $ FAITHFUL PERFORMANCE SECURITY DATE: September 12, 1995 MATERIAL & LABOR SECURITY 1,568 $ 740 TOTAL MonumentSecurity 1,568 $ 400 $ 740 DEVELOPMENT FEES (PA95-0007) City Traffic Signing and Striping Costs RCFCD Drainage Fee - paid Fire Mitigation Fee - deferred Signal Mitigation Fee - deferred Road and Bridge Benefit Fee Other Development Fees $ N/A (per Tr 22716-2) $ T.B.D.* $ T.B.D.* $ N/A $ T.B.D* SERVICE FEES (LD95-004MP) Planning Fee Comprehensive Transportation Plan Plan Check Fee Inspection Fee Monument Inspection Fee Letter of Map Revision (LOMR Review) Fees Paid to Date Balance of Fees Due *T.B.D. - To be determined $ 57.00 $ 4.00 $ 810.00 $ N/A $ 250.00 $ N/A $ 1,121.00 $ 0.00 -4- r:%agdrpt%95\0912%pm28122.map C ity of Temecula ~usiness Park Driv~ · Temecula, California 92590 JUL ? 1 1995 July 28, 1995 Mr. Bryce H. Kitfie Vice President Van Daele Development Corp. 2900 Adams Street, $te. C-25 Riverside, CA 92504 Re: PM 28122 - TCSD Landscape Maintenance Area As a follow-up to your letter dated July 13, 1995, the City Attorney has determined that the Faithful Performance Bond No. 3SM 805 114 00 from Van Daele to the City of Temecula Planning Department adequately insures the construction of the remainder portion of the landscape improvements adjacent to Meadows Parkway. Therefore, the TCSD wffi not require that an additional bond is posted for this area. However, a pre-job meeting with the TCSD Maintenance Superintendent is required prior to beginning the landscape improvements that are proposed for transfer to the City for maintenance purposes. If you should have any additional questions, please contact me at (909) 694-6480. Sincerely, e Development Services Analyst cc: Phyllis Ruse, Development Services Administrator I~Pnnted on Recycled Paper. ITEM 7 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Council/City Manager <::~-/Joseph Kicak, Director of Public Works/City Engineer September 12, 1995 Murrieta Creek (First Street Bridge) Flood Plain Study and Topography RECOMMENDATION: That the City Council approve a Contract Amendment No. 2 to an existing Contract with Norris-Repke, Inc. for additional mapping and Hydrology Study for the First Street Crossing of Murrieta Channel, and the Old Town Area. BACKGROUND: City Council previously awarded the contract for the design of First Street from Front Street to Western Bypass Corridor along with the design of bridge over Murrieta Creek. Flood Control District has completed very preliminary design of Murrieta Creek through that portion of the City. The floodways of the Creek under the existing conditions is in question, due to the fact that several changes have occurred in the floodplain as well as floodway since the issuance of most recent FIA maps. The exact alignment of the proposed Murrieta Creek has not been determined by the RCFC and WCD. Therefore the RCFC and WCD as well as FEMA representatives (Michael Baker Jr.) are requesting that additional studies be completed, both topography as well as HEC 2 Analysis to determine the required elevation and the length of the bridge to provide for horizontal and vertical (free board) clearances of the structure under the current configuration of the Murrieta Creek. We have requested proposals for the studies and received two (2) responses. The area to be mapped is within the following boundaries: Centerline of I-15 to 200' northerly of Rancho California Road, then along the line 200' north of Rancho California Road to the westerly City limits, then along the westerly City limits to the confluence of Temecula and Murrieta Creeks and then to the centerline of I-15. The proposed mapping will provide additional side benefits. The mapping will include all of the Old Town Area which will be of great value in the future design and review of the facilities. The topography will be in 1" = 40' with one (1) foot contours and spot elevations to the nearest 0. 1 foot. This information will be utilized for several Old Town Projects. The cost for the above described work is $36,900. -1 - r:~agdtpt~95\0912~mutrlm.crk/ajp FISCAL IMPACT: Adequate funding is available for the project in the First Street Bridge Realignment and Roadway Improvements. ATTACHMENTS: Contract Amendment No. 2 Exhibit "A" Norris-Repke, Inc. Letter of Proposal - Dated August 22, 1995 -2- r:~agdrpt~95\O912~m'ieta.cddajp AMENDMENT NO. 2 NORRIS-REPKE, INC. The Agreement dated December 13, 1994 between the City of Temecula, and Norris-Repke, Inc. (herein referred to as "Agreement") is hereby amended as follows: Re: Professional Design Services for Old Town First Street Bridge, First Street Realignment, and Roadway Improvements. Section I The Scope of Work is hereby amended by adding the activities as specified in Exhibit "A", Norris-Repke, Inc.'s proposal dated August 22, 1995. TOTAL AMOUNT $36,900.00 Section 2 Compensation for services shall be total of all services described in.this Amendment and shall not exceed Thirty Six Thousand Nine Hundred Dollars ($36,900). All above costs are eligible for funding through Redevelopment Agency Funds. Adequate funds have been reserved within budget of the Redevelopment Agency. The total cost of this element of the project is summarized below: A. Original Contract (Approved 12-13-94) $174,842 B. Contract Amendment No. 1 68,952 C. Proposed Contract Amendment No. 2 36,900 Total: $280,694 Section 3 All other terms and conditions of the Agreement shall remain the same. The parties hereto have executed this Agreement on the Date and year above written. CONSULTANT CITY OF TEMECULA By: By: Norris-Repke, Inc. Ronald J. Parks, Chairman APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk -1- r:~agdrpt\95\0912~NORRlS.CA2Jajp NORRIS-REPKE, INC. \ J Consulting Civ,I Eng,neers and Land Surveyors '~_ [~ 33055 VINO WAY ° TEMECULA. CA 92591 · (g09) 676-5816 FAX: [909)676-5816 Jack P. Norris, PE Warreq W. ;~epke, PE Noel W. To~kelso~. PE Randy G. Berry. PE August 22, 1995 NRI P-92-04 Skip Hammann Public Works City of Temecula 43174 Business Center Dr. Temecula, CA 92590 Sub j: Old Town topography Murrieta Creek flood plain study and FEMA application Dear Mr. Hammann: We are pleased to submit this proposal to provide professional surveying and engineering services as requested. The first item is to provide a set of topographic maps. The area, shown on the attached map, is bounded on the north 200' north of Rancho California Road, on the east by the west lane of the ]:-15 Freeway, on the south by Santa Margarita River/Temecula Creek, and on the west by the alignment of the proposed Western Bypass Corridor. (We would ask the City to provide that exact alignment.) The maps would be at the scale of 1" = 40' with one- foot contours. The City would receive mylar reproducibles. We would be provided with a drawing in digital format on disk from which we would create a digital terrain model in AdCadd/AutoCad for extraction of cross-sections for the flood plain study as part of the second item below. Our proprietary utility program formats cross-sections into X1 and GR records for a HEC2 data- file. Aerial mapping would be by Robert Lung and Associates of Tustin. Our survey/mapping personnel would set the ground control. Time required to complete would be about 4 weeks after authorization. The second item is to perform a flood plain study of Murrieta Creek in this reach and prepare a LOt~IR/CLOM R application to submit to FEM A. ]:ts purpose is to support the proposed construc- tion of the WBC and 1st Street bridges. The analysis would be based on the new topo described above and would cover both the existing condition, for a new Base Flood Elevation, and the proposed conditions. (The existing FENIA study is out of date and inaccurate.) Hydraulic computation would be performed utilizing the HEC2 program of the Army COE. We would ask the City to have MAIN OFFICE: 6'33 N. TUST!N AVENUE · SUITE 250 , SANTA ANA, CA 92705-3736 , (714) 973-2230 , FAX [714) 973-2263 Aug 22, 1995 City of Temecula Public Works p. 2 of 2 provided to us the WBC consultant's HEC2 datafile on disk for inserting their bridge model records into our datafile. The new flood plains would be plotted on the topo maps and in- cluded, with all other necessary exhibits, in the application package. The RCWCFCD has offered the City's consultant the benefit of its experience in preparing the LOMR/CLOMR FEMA appli- cation. We would therefore work closely with them for that guidance to increase the likelihood of a short processing time to approval. Please allow 5 weeks to complete this item. Our fees would be as follows: Topographic maps: Robert Lung and Assoc. Norris-Repke, Inc. $17,950 9,150 27,100 Flood plain study/FEMA application Norris-Repke, Inc. 9,800 Total $36,900 Thank you for inviting this proposal. Please let me know if you need additional information. Sincerely, · Norris attach: map P90:ws5\9203\9204.pro NORRIS-REPKE, INC. Course 27'30" ITEM 8 APPROVAL ~{~ CITY ATTORNEY FINANCE DIRE4R~ CITY MANAGE CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: ~oseph Kicak, Director of Public Works/City Engineer DATE: September 12, 1995 SUBJECT: Joint Project Funding Agreement (Pala Road Bridge/Sewer) RECOMMENDATION: That the City Council approve the Joint Project Funding Agreement (Pala Road Bridge/Sewer) between the County of Riverside (AD 159) and City of Temecula. BACKGROUND: The City of Temecula and the County of Riverside have been pursuing the construction of Pala Road Bridge over Temecula Creek. To that extent, several preliminary studies have been completed and others are underway. On May 25, 1995 City Council by Resolution No. 95-44 authorized the Mayor to sign Program Supplement No. 7 to Local Agency-State Agreement providing $216,000.00 of Federal Funding for a portion of preliminary studies. The attached agreement between the City and the County provides for joint funding of Pala Road Bridge. FISCAL IMPACT: Adequate funding has been provided in the FY1995-96 Capital Improvement Budget for Pala Road Bridge. ATTACHMENTS: 1. Joint Project Funding Agreement (Pala Road Bridge/Sewer) -1- r:~agdrpt~95\O912\jtfundin.agm/ajp COUNTY OF RIVERSIDE ASSESSMENT DISTRICT NO. 159 (Rancho Villages) JOrNT PROJECT FUNDING AGREEMFNT (PALA ROAD BRIDGE/SEWER) This AGREEMENT is made and entered into this __ day of 1995 by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (hereinafter referred to as the "County") on behalf of Assessment District No. 159 (Rancho Villages) and the CITY OF TEMECULA, a municipal corporation and public agency existing under the laws of the State of California (hereinat'ter referred to as the "City"). EECIIALS WHEREAS, the County has conducted proceedings tbr the formation of (i) an assessment district designated Assessment District No. 159 (Rancho Villages) and (ii) a supplemental assessment district desiod~ated Assessment District No. 159 Supplemetal (Rancho Villages) (collectively, the "Assessment District") pursuant to the Municipal Improvement Act of 1913 (the "Act"), being Division 12 (commencing with Section 10000) of the Streets and Highways Code of the State of California, to finance the construction and acquisition of certain public improvements specified in such proceedings (the "Improvements"); WHEREAS, two of the Improvements designated for construction by the County are (1) a sewer pipeline within Pala Road which will cross Temecula Creek adjacent to the alignment of the proposed extension of Pala Road at the location of the Pala Road b'ridge;: and (2) the Pala Road bridge, including road improvements (both designated herein as the "Pala Road Bridge Improvements"); WHEREAS, City has offered to assist with planning and construction of the Pala Road Bridge Improvements and road realignment by providing its prorata share of financial assistance for its planning and construction; WHEREAS, in order to construct the Pala Road Bridge Improvements, the parties must obtain right-of-way and must obtain federal and State permits, including environmental approvals, and enter into agreements in order to encroach on wetlands habitat and Waters of the United States; WHEREAS, the parties wish to provide for the joint processing and funding of the governmental permits and to provide for a cooperative effort in obtaining the necessary right-of-way and for replacement habitat as required by the federal and State permitting t59PAI_A. 7 08~1/95:109 agencies and have agreed to the reimbursement of such costs from funds which mav become available pursuant to this agreement; WHEREAS, the parties have determined to engage Odgen Environmental and Energy Services, Trans-Paci~c Consultants. McDaniel Engineering, et al. ("Consultants"). to provide the engineering and administrative services required to obtain the right-of-way and the ,,overnmental permits; WHEREAS, Consultants have prepared agreements for such services by and between such consultants and the respective parties hereto, which agreements will provide for the payment of one-half of the total cost of such services by each party as estimated in Exhibit A attached hereto; and WHEREAS, the parties agree to cooperate in all efforts to obtain federal and/or State funds, and to utilize such funds for the payment of costs of the Pala Road Bridge Improvements or the reimbursement therefor as provided in this agreement. NOW, THEREFORE, THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA DO HEREBY AGREE AS FOLLOWS: AGEEEMENI 1. Recitals. The above recitals are true and correct. Right-of-Way. The County and the City shall collectively pursue and support the acquisition of the necessary fight-of-way in order to complete the construction of the Pala Road Bridge Improvements and to provide a mitigation bank of replaceme.nt habitat required by the permitting agencies. Governmental Permits and Agreements. The County and the City shall collectively pursue and support the processing of the Pala Road Bridge Improvements in order to obtain the federal and State permits, including environmental approvals, necessary to the construction of said public improvements. ' Cost-Sharing. The County and the City shall share the cost of obtaining the necessary fight-of-way, the costs involved in securing the necessary governmental permits, including but not limited to federal Section 404 permits and State Section 1601 agreements in order to encroach on wetlands habitat and waters of the United States, and providing a mitigation bank or' replacement habitat required to complete construction of the Pala Road Bridge Improvements, all as described and estimated in Exhibit A attached hereto. Scope of Bridge Design and Construction. The parties agree that the Pala Road bridge will be designed and processed for governmental approvals as a Iv'our lane bridge 159PAL~.. 7 2 0g~1,,95:109 , capable of being expanded to a six lanes, based on a traffic study approved bv the parties and consistent with the designation of Pala Road as a six lane urban arterial highway by the City. The bridge will be submitted for environmental approval. offered for bid and constructed as a four lane structure, leaving the remaining two lanes to be added by the City at its sole cost as the need dictates. To the extent the costs covered by this agreement for the design and governmental processing or' a four lane bridge exceed those which would have been incurred as described in the original design plans. such costs will be borne proportionately by the City and the County; provided. that if such additional costs are the result of betterments requested by the City or the County. such costs will be borne entirely by the party requesting such betterment. Pavment bv Parties. The County will enter into an agreement with Consultants to complete the en.oineerino and processing work necessary to obtainin,, the right-ot'-wav ~ ~. .~ ~ , and permits described herein; provided, however, that the City agrees to bill Caltrans within thirty (30) days of receipt of a pay request from the County, which includes a detailed breakdown of costs incurred or invoices received, and diligently pursue collection of such billed amount, and to immediately remit to the County its proportionate share of payments made or incurred for such engineering, processing and mitigation costs. City Funding. The City hereby commits to provide funding from bonds posted or moneys on deposit for Pala Road bridge mitigation in the approximate amount of $600,000 for the payment of engineering, governmental processing and environmental approvals and mitigation in the manner described in Section 6 hereof. In addition, the City commits to provide an additional amount of 5776,000 for the construction of the Pala Road Bridge Improvements, which additional amount shall be subject to repayment from the pending Caltrans/FHWA grant. Countv Payments. Any payments made by the County in connection with the P~la Road Bridge Improvements shall be made solely from bond proceeds of the Assessment District. Governmental Grants: Reimbursement. Any funds received by the City or the County from federal, State and/or local grants related to the Pala Road Bridge Improvements' shall be allocated to those paying for the costs of said project on the same basis as was originally used to prorate the costs of said project; except that all moneys advanced by the City from its general fund (exclusive of payments from bonds or mitigation payments held for the Pala Road bridge) shall only be reimbursed to the extent such grant is in the full amount of eighty percent (80%) of the eligible costs. If the grant proceeds are less than this percentage, the repayment amount will be reduced to the percentage of the amount received divided by the full funding amount. All repayments to the City will be reduced by any amounts for betterments requested by the City. All costs for the construction of the fifth (Sth) and sixth (6th) lanes (including environmental approvals and mitigation measures) will be provided by the City, subject to reimbursement from grant funds from the Bureau of Indian Affairs or fees imposed ~59PAI_-\. ' 3 08/21/95:i09 10. 11. 12. 13. 14. on bene~ting property owners, exclusive of assessments in the Assessment District, or amounts due under contracts between the City and such bencHring property owners. and is not considered a part of this project. Disputes. Any disputes which may arise between the City and the County during the operation of this agreement shall be resolved without impact on the schedule or timing of payments or the process of pay requests under the Caltrans/FHWA grant. Notices. Any notice authorized or required to be given by this Agreement or proceedings related hereto shall be deemed to have been sufficiently given if and .when sent by first class mail, postage prepaid, to the parties as follows: To County: COUNTY OF RIVERSIDE 4080 Lemon Street 8th Floor P.O. Box 1090 Riverside, CA 92502 Attn: Director of Transportation To City: CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92590 Atm: City Manager Successors and Assigns. This Agreement shall inure to the benefit of and be binding on each of the parties and their successors and assigns. Effective Date. This Agreement shall become effective upon acceptance by the Board of Supervisors of the County and the City Council of the City and by execution bY the respective authorized representatives of each. General. This Agreement contains the entire agreement between the parties with respect to the matters herein provided for, and may only be amended by a subsequent written agreement executed by all parties. This agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. 159PAL-X. 7 4 08,21/95:109 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated above. COUNTY OF RIVERSIDE ATTEST: By: Chairman, Board of Supervisors Gerald A. Maloney, Clerk of the Board of Supervisors APPROVED AS TO FORUM: County Counsel CITY OF TEMECULA ATTEST: By.' Jeffrey E. Stone, Mayor City Clerk APPROVED AS TO FOR:M: Peter M. Thorson, City Attorney 159PALA. 7 5 08/21/95:109 Exhibit A PAIA ROAD BRIDGE ENVIRONME?,~AL COST E STINATE DocumentJActivi.t-y Prepare ACOE 404 Pemxit A~D[ica~ion Update Wetlands Delineation Wetlands Impact '_Amal,vsis '~tematives Aa~al.vsis/LEDPA 401 Water Qau/ity Certilication Mitigation Plan SW Willo~r Flycatcher Su.rvey1 Prepare CDFG 160 1 A=,hcation Impact Identification, Mitigation (inchdeal ,,,ith ACOE FHWA Categorical Exclusion Studies Noise (County prepared) Supplemental Historic Propercy Su.B'ey' Extended Survey Bridge Evaluation Phase H Testing (~ recruited Hydrology/Hydrauhc Study Floodolain gish Assessment Sensi.:i'.-e S=ecies Su.rvev2 Total Estimate ~ City $3,5~o.oo $~,755.oo CourtLy 81,755.00 810,530.00 $5,265.00 S5,265.00- 85,180.00 82,590.00 82,590.00 $12,990.00 86,-~95.00 86,-~95.00 8,1,720.00 8860.00 8860.00 $9,737.50 85,262.50 819,-~75.00 810,525.00 S9,737.50 $5,262.50 S3,510.00 $1,755.00 S1,755.00 $12,125.00 $6,062.50 $12,120.00 $6,060.00 S20,720.00 S7,360.00 Sl~,010.00 834,100.00 S7,995.00 89,000.00 $10,360.00 S3,680.00 S7,005.00 S17,050.00 S3,997.50 S4,5o0.00 86,062.50 86,060.00 S10,360.00 S3,680.00 S7,005.00 S17,050.00 S3,997.50 S4,500.00 tAddittonal sun'ey required bv USFWS 2Completed using exist:ng subconsultant Stephens kangaroo rat survey Cou. n~v staff time (thru 6-96)3 Preliminary bridge design 4 Trans-Pacific Consultants time 4 Environmental consujtant expenses Subtotal On site/off site wedands mitigations Total S2,085.00 S. 143,270.00 $10,910.00 $23,140.00 $6,508~00 $370,783.00 $750,000.00 ~l.120.783.00 S 1,042.50 S71,635.00 S3;254.00 S168,366.50 $375,000.00 $543.366.50 S1,042.50 S71,635.00 S10,910.00 S23,140.00 S3,254.00 S202,416.50 $375,000.00 $577,416.50 * HPSR scope of work was provided bv CalTrans during review of RFP for environmental services and had not been made available when original cost estimate was prepared. ~ Note: Shaded items in O~den Environmental and Energy Services Scope of Work b:\bud~et.4 3Includes benlits but not overhead ~CalTrans does not consider retmburseable sEstLrnates wetlands mmgauon of 15 acres :~ $50,000 per acres (3:1 ratio) agencies and have agreed to the reimbursement of such costs from funds which may become available pursuant to this agreement; WHEREAS, the parties have determined to engage Od,oen Environmental and Ener~v Services. Trans-Paci~c ConsultantsCTPC"), Diettic. t. McDaniet Engineering. et al. ("Consultants"), to provide the engineering and administrative services required to obtain the right-of-way and the governmental permits; WHEREAS, TPC h~ Consultants have prepared agreements for such services by and between TF'C such cgnsultants and the respective parties hereto, which agreements will provide for the payment of one-half of the total cost of such services by each party as estimated in Exhibit '-'A "attached hereto; and' WHEREAS, the parties agree to cooperate in all efforts to obtain federal and/or State funds, and to utilize such funds for the payment of costs of the Pala Road Bridge Improvements or the reimbursement therefor as provided in this agreement. NOW, THEREFORE, THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA DO HEREBY AGREE AS FOLLOWS: AGREEMiNI 1. Recitals. The above recitals are true and correct. Right-of-Way. The County and the City shall collectively pursue and support the acquisition of the necessary right-of-way in order to complete the construction of the Pala Road Bridge Improvements and to provide a mitigation bank of replaceme,nt habitat required by the permitting agencies. Governmental Permits and Agreements. The County and the City shall collectively pursue and support the processing of the Pala Road Bridge Improvements in order to obtain the federal and State permits, including environmental approvals, necessary to the construction of said public improvements. Cost-Sharing. The County and the City shall share the cost of obtaining the necessary right-of-way, the costs involved in securing the necessary governmental permits, including but not limited to federal Section 404 permits and State Section 1601 agreements in order to encroach on wetlands habitat and waters of the United States, and providing a mitigation bank of replacement habitat required to complete construction of the Pala Road Bridge Improvements, all as described and estimated in Exhibit "A %.ttached hereto. Scope of Bridge Design and Construction. The parties agree that the Pala Road bridge will be designed and processed for governmental approvals as a six four lane bridge 1.59PAL-~.. 7 2 08P_1t95:109 capable of bein~ expanded to a six lanes, based on a traffic study approved by the parties and consistent with the designation of Pala Road as a six lane urban arterial highway by the City, hu,.,,-~,,-,, tit,.. The bridge will be submitted for environmental approval, offered for bid and constructed as a four lane structure, leaving the remaining two lanes to be added by the City at its sole cost as the need dictates. To the extent the costs covered by this agreement for the design and governmental processing of a four lane bridge exceed those which would have been incurred as described in the original design plans, such costs will be borne proportionately by the City and the County; provided, that if such additional costs are the result of betterments requested by the City or the County, such costs will be borne entirely by the party requesting such betterment. , Pavment bv Parties. The County will enter into an agreement with T~a.-, Pa,..iflc Consultants to complete the engineering and processing work necessary to obtaining the fight-of-way and permits described herein; provided, however, that the City, agrees to bill Caltrans within thirty (30) days of receipt of a pay request from the County,, which includes a detailed breakdown of costs incurred or invoices received, and diligently pursue collection of such billed amount, and to immediately remit to the County its proportionate share of payments made or incurred for such engineering, processing and mitigation costs. City Funding. The City hereby commits to provide funding from bonds posted or moneys on deposit for Pala Road bridge mitigation in the approximate amount of $600,000 for the payment of engineering, governmental processing and environmental approvals and mitigation in the manner described in Section 6 hereof. In addition, the City commits to provide an additional amount of $776,000 for the construction of the Pala Road Bridge Improvements, which additional amount shall be subject to repayment from the pending Caltrans/FHWA grant. County Payments. Any payments made by the County in connection with the Pala Road Bridge Improvements shall be made solely from bond proceeds of the Assessment District. Governmental Grants: Reimbursement. Any funds received by the City, or the County from federal, State and/or local grants related to the Pala Road Bridge Improvements shall be allocated to those paying for the costs of said project on the same basis as was originally used to prorate the costs of said project; except that all moneys advanced by the City from its general fund (exclusive of payments from bonds or mitigation payments held for the Pala Road bridge) shall only be reimbursed to the extent such grant is in the full amount of eighty percent (80%) of the eligible costs. If the grant proceeds are less than this percentage, the repayment amount will be reduced to the percentage of the amount received divided by the full funding amount. All repayments to the City will be reduced by any amounts for betterments requested by the City. All costs for the construction of the fifth (Sth) and sixth (6th) lanes (including environmental approvals and mitigation measures) will be provided by the City, subject ,' 51)P.~.L--\- ' 3 0&~_U95:t09 ITEM 9 CITY OF TEMECULA AGENDA REPORT APPROVAL ' CITY ATTORNEY TO: City Council/City Manager FROM: ~__----~//,~f',.Joseph Kicak, Director of Public Works\City Engineer DATE: September 12, 1995 SUBJECT: Award the Contract for the Solana Way Storm Drain Improvements, Project PW95-03 PREPARED BY: ~, Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer : RECOMMENDATION: That the City Council: Award a contract for the construction of the Solana Way Storm Drain Improvements, Project No. PW95-03 to Floyd Johnston Construction Co., Inc. for $180,490.00 and authorize the Mayor to execute the contract. e Authorize the City Manager to approve change orders not to exceed the contingency amount of 10% of the contract or $18,049.00. : BACKGROUND: On July 11, 1995, the City Council approved the construction plans and specifications, and authorized the Department of Public Works to solicit public construction bids. This project will provide a continuous subsurface storm drain system by connection the two existing storm drain systems with a 78" concrete pipe. This project will also include the removal of the existing inlet and outlet structures, miscellaneous concrete structures, and erosion control. The engineer's estimate for this project is $225,000. This project was also bid with an alternative to construct the 730' of 78" and 100' of 54" of concrete pipe at the job site. This process is know as cast-in-place pipe and is frequently use to construct larger diameter concrete pipes. Three (3) bids for the project were publicly opened on August 17, 1995 and the results for the base bid are as follows: Base Bid Alternative Bid Ootion 1. Nottson Construction Inc ............ $199,510.00 None 2. Floyd Johnston Construction Co., Inc... $231,990.00 80,490.00 3. J.R. Pipeline Co., Inc ............... $303,825.00 $304,675.00 pwO4~agdtpt~95\O912~w95-O3.awd 0822 Nottson Construction Inc. only submitted a price for the base bid in the amount of $199,510.00. Floyd Johnston Construction Co., Inc. will perform the alternative bid item by constructing the 78" and the 54" concrete storm drain pipes in-place for an amount of $180,490.00, for a savings of $19,020.00. Staff reviewed the bid proposal from Floyd Johnston Construction Co., Inc. and found that the proposal was complete and in order. Floyd Johnston Construction Co., Inc. has not performed any work for the City, but has performed well in other areas of Riverside and San Bernardino Counties based on comments from references of previous work. Staff recommends that the Solana Way Storm Drain Project alternative bid, cast-in-place concrete pipe, be awarded. 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 by CFD88-12. Funds are available for the construction contract of $180,490.00 and the contingency of $18,049.00 for a total of construction cost of $198,539.00,account no. 600-165-999-6119. Attachment: Floyd Johnston Construction Co., Inc. Contract p~)4~agdtpt\95\Og12~pw95=O3.awd 0822 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW95-03 SOLANA WAY STORM DRAIN IMPROVEMENTS THIS CONTRACT, made and entered into the 12th day of September 12, 1995, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Royd Johnston Cor~izucljon Co,, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: 1.8. That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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. PW95-03 SOLANA WAY STORM DRAIN IMPROVEMENTS, 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. PW95-03 SOLANA WAY STORM DRAIN IMPROVEMENTS. 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 control 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. PW95-03 SOLANA WAY STORM DRAIN IMPROVEMENTS. 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. Where the Contract Document describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT CA-1 r:\cip\projects~ow95-03\contract The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW95-03 SOLANA WAY STORM DRAIN IMPROVEMENTS All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. e CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. e CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: ONE HUNDRED BGHTY THOUSAND FOUR HUNDRED AND NINETY DOLLARS and NO CENTS {$1 80,490.00|, the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed forty-five {45| working days, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public ContraCts Code, within thirty (30) days after submission of a payment request to the City, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment 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 acceptance of final payment 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. C. Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant CONTRACT CA-2 r:~cip\projects\pw95o03\contract to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. 7. 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 8. LIQUIDATED DAMAGES; EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars ($1,000.00) 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 ~ndemni~y agreement with each claim for payment. 10. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this 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. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the 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. CONTRACT CA-3 r:%cip\projects~ow95-O3\contract 11. 12. 13. 14. 15. 16. 17. 18. 19. 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's employees included) and i~amage 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 active 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 relevant information with respect thereto, to CITY. 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. CONTRACT CA-4 r:%cip\projects\pw95-O3\contract 20. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 21. 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, Director of Public Works/City Engineer City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR By: Print or type NAME Print Or type TITLE DATED: APPROVED AS TO FORM: CITY OF TEMECULA By: Jeffrey E. Stone, Mayor Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT CA-5 r:~cil~\projects~ow95-O3\contract ITEM 10 CITY ATTOR~'ROV~ CITY OF TEMECULA AGENDA REPORT TO: FROM: Director of Community Services DATE: September 12, 1995 SUBJECT: Design Services Contract - City Maintenance Facility PREPARED BY'~.~''/Phyllis L. Ruse, Development Services Administrator RECOMMENDATION: That the Board of Directors award a design services contract of $53,860 to W. Dean Davidson, Architect for the preparation of the schematic design drawings, construction documents, and project administration for the City Maintenance Facility. BACKGROUND: On July 11, 1995, the City Council approved the acquisition of an office building site located at 43106 Business Park Drive to be used as the new City Hall site. The City has entered into escrow with the seller. The escrow is expected to close by December 1, 1995. One attractive factor of this site is an undeveloped portion of the property which will accommodate the construction of a City Maintenance Facility. The Maintenance Facility was approved for construction as a separate project from the Tenant Improvements to the City Hall building. The City solicited proposals from local architects for the design, construction documents and project management for the Maintenance Facility. Two firms responded to the Request for Proposals. The proposals were evaluated by a panel of four City staff members and Wo Dean Davidson was ranked as the highest firm during that process. W. Dean Davidson has successfully completed other projects for the City. It is envisioned that the Maintenance Facility will include a 6,000 square foot concrete block maintenance building, a perimeter concrete block security fence, enclosed parking adequate for all City vehicles, a canopied work area with wash down area and grease interceptor, building sprinkler system, fire hydrant, and security lighting and alarm systems. This facility will provide staff with needed storage for materials, equipment and supplies as well as suitable work area for small maintenance jobs. The consultant is also responsible for a seismic analysis to appropriately locate the building and other improvements relative to any underground fault areas. FISCAL IMPACT: Cost of this Design Services Contract is $53,860. This project is budgeted and approved in the City's Capital Improvement Program for FY 1995-96. Although the current construction budget is $225,000, additional funds may need to be identified once the conceptual drawings and construction estimates have been completed. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of , 19__, between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and W. Dean Davidson, a sole proprietor, hereinafter referred to as "Consultant". The parties her.to mutually agree as follows: SERVICES. Consultant shall perform the tasks set forth in Exhibit "A" attached her.to. Consultant shall complete the tasks according to the schedule set forth in the "Response to Request for Proposal" submitted by Consultant on August 16, 1995 in response to City's "Request for Proposals' for the "City Maintenance Facility." PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described her.in. PAYMENT. The City agrees to pay Consultant in accordance with the schedule in Exhibit "B" attached her.to, based upon actual time spent on the above tasks. This amount will not exceed $53,860 (Fifty-Three Thousand, Eight Hundred Sixty 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 previous month. Payment shall be madb within thirty (30) days of receipt of each invoice. SUSPENSION, TERMI NATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after receiving an invoice from the Consultant, the City shall pay Consultant for work done through the date that work is to be ceased pursuant 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 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. r:%rueep%maintyrd .agr - 1 - 083095 B e If the City Manager or his delegate determines that the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. TERM. This Agreement shall commence on the first date stated above and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 30, 1996. 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. 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 th~ sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, -' employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as herein set.forth. The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. 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. r:%rusep\rnaintyrd .agr -2- 083095 10. 11. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 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 28441 Rancho California Road, Suite G, Temecula, CA 92590 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, Consultant's 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 Consultant, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with · Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Contractor's bid. The Consultant shall provide the following scope and limits of insurance: A. Minimum Scooe 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 I "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. r:%rueep%rnaintyrd .8gr -3- 083095 Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. Automobile Liability: $1,000,000combined single limit per accident for bodily injury and property damage. B 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. 4o Errors and Omissions Insurance: $250,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductible in excess of $1,000 must be declared to and approved by the City. Other Insurance Provisions. Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: All Policies. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice to the City via United States First Class Mail. General Liability and Automobile Liability Coveraaes. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant, or; automobiles owned, lease, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Consultant's performance of the work described in this contract, the Consultant'$ 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. r:%rusep%maintyrd .,,gr -4- 083095 Ca Worker's Compensation and Emolovers' Liability Covera~ae, 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 Consultant for the City. Verification of Coveraae. Co. ntractor shall furnish the City with certificates of insurance effecting 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 subcontractoro 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 ell necessary licenses, including but not limited to City Business License. 14. INDEMNIFICATION. The Consultant agrees to defend, 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. r:%rdeep%meintyrd .egr -5- 083095 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONSULTANT CITY OF TEMECULA By: By W. Dean Davidson, Architect Jeff Stone, Mayor APPROVED AS TO FORM: Peter Thorson, City Attorney ATTEST: June S. Greek, City Clerk r:~rueep%maintyrd,,,gr -6- 083095 F_Jafibit "A" P e2 W. DEAN DAVIDSON orchitect architecture · planning RESPONSE TO REQOEST FOR PROPOSAL BY CITY OF TEMECULA SUBJECT: NEW MAINTENANCE FACILITY FOR CITY OF TEMECULA Gentlemen; The following Information ls supplled pursuant to your request .. 8/2/95: DESCRIPTION OF FIRM The flrm, W. Dean DavidSon Architect ls organized as a sole proprietorship wlth myself as principal. Offlces are located at 28644 Rancho California Road Suite "G", Tesecula California. (909) 693-0301 and at 7063 Via Martposa Notre Boneall California (this office to be closed 10/1/95). (619) 732-3240 Currently I am operating without hired employees. As principal I shall function as project architect, designer, production draftsman, specifications wrlter and estlmator and shall be personally responsible for all phases of the project from conception to completion. Work ls done using AutoCad computer draftlng systems. I have been a California licensed architect in'continuous practice since 1960. From 1961 to 1984 I was Vlce President in charge of plannlng and architecture for J.L. Peterson Inc. Planning, Architecture and Engineering, Long Beach California. The firm was engaged primarily in large industrial commercial and Institutional work. Simultaneously I had my own firm doing primarily residential and smaller commercial and Industrial projects. In 1975 I opened an office in North San Diego County while continuing my association with J;L.Peterson Inc. In Long Beach. This association terminated In 1984. In 1988 the office was relocated to Temecula. Due to a dramatic decline In construction activity It was necessary to consolidate activities at our Bonsall office in 1992. We have recently re-established ourselves in the Temecula area to service the reviving Industry. My flrm has successfully completed a wide range of projects over many years. We take great pride In completing projects on time and within established budgets with a minimum of extra charges. A list of completed projects in included in Appendix 7063 via moriposa norte · I:>onsoll, co. 92003 · (019) 732-324C' W. DEAN DAVIDSON orchitect architecture · planning RELEVANT LOCAL PROJECTS Office building for M&J Ramsay Inc., Temecula CA Office and warehouse building for Woodview Development Co. Temecula CA ~ Office Building, Unit Development Co., Temecula, CA Office Building, Sycamore Plaza Partners, Tamecula, CA Maintenance Facility, Office Remodeling and Addition for Elsinore Valley Municipal Water District, Lake Elsinore CA (w~rking drawings complete, project canceled) Temecula Valley Senior Center, Remodeling and. Addition for City of Temecula Kent Hlndergardt Memorial Park, Restroom and Snack Bar Facility, City of Temecula RELEVANT CURRENT PROJECTS Kitchen Equipment Installation, Temecula Valley Senior Center, City of Temecula Sam Hicks Memorial Park, Restroom and Snack Bar Facility, City of Tamecula Margarita Park, Restroom Facility, City of Temecula Equipment and Building and Restroom Facility, Four Seasons Campground, Bonsall CA CONSULTANTS For this project I anticipate using the following consultants: Civil .......................... Rogers Engineering 27393 Ynez Road Temecula CA. 92590 (909) 676-2529 Structural ..................... Graynet Engineering 27393 Ynez Road Tamecola CA, 92590 (909) 676-2529 Geotechnical ................... Leighton & Associates 41769 Enterprise Cir.N. Ste. 102 Temecula CA 92590 Electrical/Mechanical .......... Absolute Engineering P.O. Box 2242 Pine Cove CA 92549 (909) 659-8541 Landscape ...................... Alhambra Group 28441 Rancho California Rd. Suite G psge2a~3 Temecula CA 92590 (909) 676-0226 7063 vio m oriposo norte · DOnSOl!. CO. 92003 · (019) 732-32~0 P 94 W. DEAN DAVIDSON circhltect orchitecture · planning ~'he above consultants are subject to approval by City of Temecula end final fee negotiation when more detailed requirements are defined for the project. SCOPE OF WORK 1. Neet with selected representatives from the City of Temecula to determine specific use requirements for the building and the site. 2. Develop a program and outline specifications for the project based upon this input. 3. Engage consultants to provide required site information: Topographic survey geotechnlcal Investigation to establish soil bearing values, hydrologY and seismic data as required including earthquake faults. 4. Upon approval of program requirements, prepare a preliminary or conceptual design based upon information developed in steps 1-3. 5. Present preliminary design for review by City of Temecula and make required modifications. 6. Finaltze preliminary design, revise outline specifications and prepare preliminary cost estimate. 7. Upon approval of preliminary design and acceptance of budget estimate begin preparation of construction documents, working drawings and full book specifications. S. Coordinate with utility providers and consultants. 9. Prepare revised construction cost estimate upon completion of construction documents. 10. Submit six sets of construction documents for plan check to obtain building permit including landscape design. ll. Nake any required corrections and promptly resubmit. 12. Assist City of Temecula if required in preparation of bid package. 13. Respond to bidders questions during bid period. 14. Assist City of Temecula if required in contractual agreements with contractor. 15. Participate in preliminary job meeting with selected contractor and sub-contractors to clarify requirements and procedures. 16. Neet at the Jobsite weekly or as required during construction for orderly progress of the work. 17. Respond to telephone and fax communications. 18. Promptly review shop drawings and material submittals for compliance with drawings and specifications. 19. Provide specifications for post construction maintenance of facilities and equipment included in the contract. 20. Provide final inspection and Job acceptance. 21. Provide "as built" drawings, 3 sets on matted mylar. pscje3c~3 7063 via rnoriposo norte · bonioll. co. 92003 * C(>19) 732-32z;C' P 25 W. DEAN DAVIDSON architect architecture · planning MAINTENANCE FACILITY COMPENSATION SCHEDULE It is not Possible to give an absolute dollar amount for providing the listed services until =ore accurate information is available regarding the facility and its uses. In an attempt to provide interim cost information I have made the following general assumptions regarding the Project to help establish costs on a preliminary basis to assist you in your planning efforts. 1. Lot size- 56,600 sq.ft. 2. Building size- 6,000 sq.ft., 16' clear height 3. Concrete block masonry construction, panelized roof system with center supPorts, glu-lam beams~ skylights Built up roof, metal flashing 4. Conventional foundation and wall construction 5. 400 sq.ft. interior office, unisex bathroom with shower 6. 3 overhead doors 14'x14' 7. 400amp 3 phase panel, hp sodium interior lighting 8. No process piping, special equipment, ventilation, plumbing or electrical required 9. Concrete block security fence, 8' height entire perimeter, 2 entry gates 10.3" asphalt paving entire site over prepared base 11. Metal canopy and concrete wash down area with grease interceptor 12. Underground utilities and drainage structures to street 13. General exterior lighting and security 14. Sprinkled building and one fire hydrant PRELIMINARY COST ESTI~IATE BASED ON ABOVE ASSUHPTIONS Building .......................... 2202,000 S~te development and utilities ..... 282,000 Contingency e5% ................... 24,000 total .... 2508,000 PRELIMINARY FEE SCHEDULE Fee for archltect's basic services (excluding engineering) e 4.5~total construction cost=$22,860 Structural Engineering/building-.= 5,000 Civil Engineering/SurveY ......... = 10,500 Electrical/Mechanical Engineering= 4,000 Landscape ........................ : 1,500 Geetechnical ..................... = 3,900 Fault testing (range) option#l,.-: 3,100 (stockpile removed) option#2.-.= ~ (site as is) Total:S50,860 (option page lee2 253,860 (option #2) 7063 vie marlpOSe norte · bonsol~, co. 92003 * (619) 732-324~ P 62 W. DEAN DAVIDSON architect archite'cture " planning NOTE: THE ABOVE FIGURES FOR pROFESSIONAL SERVICES HAVE BEEN DEVELOPED FROM INCOMPLETE BASE INFORMATION BUT ARE INTENDED TO BE CONSERVATIVE. MORE ACCURATE iNFORMATION COULD REDUCE SOME OF THESE COSTS. COSTS NOT INCLUDED 1. Special engineering or testing if required. 2. Plan check and permit fees 3. Blueprints and reproduction costs 4. Renderings or models (Architect's sketches included in fee) 5. All construction costs INSURANCE Architect and all consultants carry various amounts of professional liability insurance- Negotiations with the City of Temecula shall be required to clarify precise amounts of each type required for each consultant- Increased cost for additional coverage may require some adjustsent to fee structure- pAYMENT SCHEDULE Payment shall be on a mutually satisfactory schedule with monthly payments during the design development, working drawing and construction phases to approximate the following: 254 of total fee paid at completion of design development phase 504 of total fee paid upon completion of working drawings and specifications 5~ of total fee paid upon completion of plan check corrections. 204 of fee paid in equal monthly installments during construction with final payment due upon completion of contractual agreement. 7063 via rnoriposo norte * page 2 of 2 bansoil. co. ~2003 · (619) 732-324C ITEM 11 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony Elmo, Chief Building Official September 12, 1995 Approval of Contract Services Agreements APPROVA CITY ATTORNEy RECOMMENDATION: That the City Council approve contract service agreements for Esgil Corporation, Vandorpe Chou Associates, Ray Grage and Associates and Robert Bein, William Frost and Associates, to provide plan check services to the Building and Safety Department. DISCUSSION: On September 24, 1994, the City Council approved an award of contract to the Esgil Corporation, Vandorpe Chou Associates, Robert Bein, William Frost and Associates and Ray Grage and Associates. Staff has found the service provided by each of these firms to be acceptable in terms of providing responsive and comprehensive plan review service to the City. The Building and Safety Department desires to continue its contract agreement with these firms for which the term of the agreement shall be automatically renewed annually in accordance with Paragraph 6., of the City's contract services agreement -' for plan review services is modified to represent this provision. FISCAL IMPACT: The cost of professional plan check services are charged as a percentage of fees collected. Adequate funds have been appropriated in Account No. 001- 162-999-5248, "Consulting Services," for Fiscal Year '95-'96. v:~vv1~Bnda.rel~mf'm~..'96 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT, made and entered into this 191; day of July, 1995, between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and Vandorpe Chou Associates. Inc., hereinafter referred to as "Contractor." The parties hereto mutually agree as follows: I. SERVICES: Contractor shall perform the tasks set forth in Exhibit A attached hereto. Contractor shall complete the tasks according to the schedule set forth in Exhibit A. 2. PERFORMANCE: Contractor shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. 3. PAYMENT: The City agrees to pay Contractor as set forth in Exhibit B. Contractor 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. SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT: The City may, at any time, without cause suspend, terminate or abandon this Agreement, or any portion thereof, by serving upon the Contractor at least ten (10) days prior written notice of suspension, termination, or abandonment respectively. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after receiving an invoice from the Contractor, the City shall pay Contractor for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall make void or invalidate the remainder of this Agreement, excepting those provisions relating to document retention, insurance, or indemnity. BREACH OF CONTRACT: In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor 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 Contractor to make progress in the performance work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Contractor, shall not be considered a default. -2- If the City Manager or his delegate determines that the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (1 O) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 6. TERM: This Agreement shall commence on July 1, 1995, and continue in full force and effect for a period of one year subject to earlier termination as provided in Section 4 hereof. Unless terminated by Section 4, this Agreement shall be extended automatically for successive one-year periods on July I of each calendar year. Any disputes regarding performance, default or other matters in dispute. between the City and the Contractor arising out of this Agreement or breach thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Contractor shall select an arbitrator from a list provided by the City of three retired judges of the JAMS/End Dispute. The arbitration hearing shall be conducted according to California Code of Civil Procedure, Section 1280, et secl. City and Contractor shall share the cost of the arbitration equally. -3- OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in the event of termination, suspension of 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 Contractor. INDEPENDENT CONTRACTOR: The Contractor:is and shall at all times remain as to the City a wholly independent Contractor. It is expressly understood and agreed that Contractor shall in no event as a result of this contract be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits, and for such purposes shall be deemed an independent Contractor. LEGAL RESPONSIBILITIES: The Contractor shall keep itself informed of State and Federal Laws and regulations which, in any manner, affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the contractor to comply with this section. -4- 10. 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 Contractor Neil Evans. Vandorpe Chou Associates. Inc.. 295 Rampart Street. Orange. California 92668 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. 11. ASSIGNMENT: the Contractor 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, Contractor's sole compensation shall be the value to the City of the services rendered. -5- 12. LIABILITY INSURANCE: The Contractor 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 Contractor, 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 Contractor shall provide the following scope and limits of insurance: Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office form Number GL 0002 (ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 ). 2. Insurance Services Office form No. CA 0001 (Ed. 1/78) covering Automobile Liability, code I "any auto" and endorsement CA 0025. 3. Worker's Compensation insurance as required by Labor Code of the State of California, an Employer's Liability insurance. 4. Errors and Omissions insurance. -6- Minimum Limits of Insurance: Contractor shall maintain limits of insurance no less than: 1. General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability: Worker's Compensation as required by the Labor Code of the State of and Employers Liability limits of $1,000,000 per California accident. 4. Errors and Omissions Insurance: $1,000,000 per occurrence.-' Deductibles and Self-Insured Retentions: Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: a. 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) day's prior written notice to the City via United States First Class Mail. b. General Liability and Automobile Liability Coverage: The City of Temecula, its officers, officials, employees and volunteers are to -7- be covered as insureds as respects: Liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Contractor's performance of the work described in this contract, the Contractor's insured coverage shall be primary insured as respects the City of Temecula, its officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Contractor'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 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect the limits of the insurers liability. Worker's Comoensation and Emoloyer's Liabilitv Coverage: The insurer shall agree to waive all rights of subrogation against the -8- 13. City of Temecula, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. d. Verification of Coverage: Contractor shall furnish the City with certificates of insurance effecting 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.: Contractor shall include all subcontracts 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. INDEMNIFICATION: The Contractor shall defend, indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising our of or resulting from the Contractor's acts or omissions pursuant to this contract. -9- The City shall indemnify and hold harmless VANDORPE CHOU and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the · City's acts or omissions pursuant to this contract. 14. FREEDOM FROM LIABILITY: The Contractor and Contractor staff, when performing duties as representative of the City, shall have the freedom from liability contained in the applicable section pertaining to the powers and duties of the building official of the most recent adopted edition of the California Building Code. 15. FINAL DECISION AUTHORITY: The City's Chief Building Official shall have final decision authority over the results of the plan check by the Contractor and all work performed by the Contractor shall be to the satisfaction of the Chief Building Official. In instances where the permit applicant takes exception to the Contractor's interpretation of the regulations contained in Title 24, the Building Official shall render a final decision utilizing, as deemed appropriate, the resources of the City Attorney and/or the Board of Appeals. 16. 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. -10- 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONTRACTOR By: Neil Evans Vandorpe Chou Associates, Inc. CITY OF TEMECULA By: Jeffrey E. Stone APPROVED AS TO FORM: Peter Thorson, City Attorney ATTEST: June S. Greek, City Clerk -11- EXHIBIT A TASKS TO BE PERFORMED PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted uniform codes as follows: Building code requirement including: Requirements based upon type of occupancy; Requirements based upon type of construction; - Engineering regulations including seismic loads; - Detailed regulations of construction; - Fire resistive standards for fire protection; - Fire and life safety requirements; Accessibility to the physically handicapped. National Electrical Code requirements Uniform Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes EXHIBIT B PAYMENT SCHEDULE VanDorpe Chou Associates proposes to provide code consulting in accordance with the following fees: BUILDING PLAN CHECK Individual building plans: 52% of the building permit fee as established in Table-3-A of the 1991 Uniform Administrative Code. This fee includes plumbing, electrical and 'mechanical plan check when submitted as a complete package. Rechecks: Rechecks are included in the basic'fee. Partial plan checks: Partial plan checks are individually negotiated. Generally, structural plan check only is 40 percent of the basic fee, energy plan check only is 15 percent of the basic fee. Other partial plan checks would be similarly charged. Repetitive plans: 15% of the building permit fee as calculated above for the first building type. Revisions: Revisions to previously checked plans are performed on an hourly basis at a rate of $50.00 per hour. Delivery: Pick-up and delivery costs are included in our fee. Some jurisdictions send plans to us by United Parcel Service. ELECTRICAL AND MECHANICAL PLAN CHECK Plan checks are performed at 75 percent of the electrical and mechanical permit fees or on an hourly basis at a rate of $50.00 per hour. ADDITIONAL WORK Any additional work not included in the basic services listed above will be performed at an hourly rate of $50.00 per hour. AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT, made and entered into this 1st day of July , 1995, between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and Esgil Corporation, hereinafter referred to as "Contractor." The parties hereto mutually agree as follows: I. SERVICES: Contractor shall perform the tasks set forth in Exhibit A attached hereto. Contractor shall complete the tasks according to the schedule set forth in Exhibit A. 2. PERFORMANCE: Contractor shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. 3. PAYMENT: The City agrees to pay Contractor as set forth in Exhibit B. Contractor 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. V:~WP~CONTRAC'P, ESGIL.'95 SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT: The City may, at any time, without cause suspend, terminate or abandon this Agreement, or any portion thereof, by serving upon the Contractor · at least ten (10) days prior written notice of suspension, termination, or abandonment respectively. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five {35) days after receiving an invoice from the Contractor, the City shall pay Contractor for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall make void or invalidate the remainder of this Agreement, excepting those provisions relating to document retention, insurance, or indemnity. BREACH OF CONTRACT: In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor 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 Contractor to make progress in the performance work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Contractor, shall not be considered a default. -2- V:'tWF~CONTRAC'I'%ESGIL. '95 If the City Manager or his delegate determines that the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 6. TERM: This Agreement shall commence on July 1.1995, and continue in full force and effect for a period of one year subject to earlier termination as provided in Section 4 hereof. Unless terminated by Section 4, this Agreement shall be extended automatically for successive one-year periods on July I of each calendar year. Any disputes regarding performance, default or other matters in dispute between the City and the Contractor arising out of this Agreement or breach thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Contractor shall select an arbitrator from a list provided by the City of three retired judges of the JAMS/End Dispute. The arbitration hearing shall be conducted according to California Code of Civil Procedure, Section 1280, et sea. City and Contractor shall share the cost of the arbitration equally. -3- OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in the event of termination, suspension of 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 Contractor. INDEPENDENT CONTRACTOR: The Contractor:is and shall at all times remain as to the City a wholly independent Contractor. It is expressly understood and agreed that Contractor shall in no event as a result of this contract be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits, and for such purposes shall be deemed an independent Contractor. LEGAL RESPONSIBILITIES: The Contractor shall keep itself informed of State and Federal Laws and regulations which, in any manner, affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the contractor to comply with this section. -4- V:%WI~CONTRACvT~$GIL'85 10. 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 Contractor Richard Escjate. President. ESGIL Corporation. 9320 Chesapeake Drive. #208. San Dieqo. California 92123 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. 11. ASSIGNMENT: the Contractor 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, Contractor's sole compensation shall be the value to the City of the services rendered. -5- V:~WRCONTRACT'~ESGIL'R!i 12. LIABILITY INSURANCE: The Contractor 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 Contractor, 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 Contractor shall provide the following scope and limits of insurance: Minimum Scooe of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office form Number GL 0002 (ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 ). 2. Insurance Services Office form No. CA 0001 (Ed. 1/78) covering Automobile Liability, code I "any auto" and endorsement CA 0025. 3. Worker's Compensation insurance as required by Labor Code of the State of California, an Employer's Liability insurance. 4. Errors and Omissions insurance. -6- V:~WRCONTRACT~ESGIL'II5 Minimum Limits of Insurance: Contractor shall maintain limits of insurance no less than: 1. General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability: Worker's 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: $1,000,000 per occurrence.- Deductibles and Self-Insured Retentions: Insurance policies required by this contract shall contain or be endorsed 1~ contain the following provisions: a. All Policies: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) day's prior written notice to the City via United States First Class Mail. b. General LiabiliW and Automobile LiabiliW Coverage: The City of Temecula, its officers, officials, employees and volunteers are to -7- V:~WRCONTRACT'~$GIL'96 be covered as insureds as respects: Liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Contractor's performance of the work described in this contract, the Contractor's insured coverage shall be primary insured as respects the City of Temecula, its officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees or volunteers shall al~ply in excess of, and not contribute with, the Contractor'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 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect the limits of the insurers liability. Worker's Comoensation and Emoloyer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the -8- V:%WRCONTRACT~SGIL'85 13. City of Temecula, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. d. Verification of Coverage: Contractor shall furnish the City with certificates of insurance effecting 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.: Contractor shall include all subcontracts 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. INDEMNIFICATION: The Contractor shall defend, indemnify and hold harmless the City and its agents and 'employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising our of or resulting from the Contractor's acts or omissions pursuant to this contract. -9- V:%WF~CONTRACT~ESGIL.'96 The City shall indemnify and hold harmless ESGIL and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the City's acts or omissions pursuant to this contract. 14. FREEDOM FROM LIABILITY: The Contractor and Contractor staff, when performing duties as representative of the City, shall have the freedom from liability contained in the applicable section pertaining to the powers and duties of the building official, of the most recent adopted edition of the California Building Code. 15. FINAL DECISION AUTHORITY: The City's Chief Building Official shall have final decision authority over the results of the plan check by the Contractor and all work performed by the Contractor shall be to the satisfaction of the Chief Building Official. In instances where the permit applicant takes exception to the Contractor's interpretation of the regulations contained in Title 24, the Building Official shall render a final decision utilizing, as deemed appropriate, the resources of the City "Attorney and/or the Board of Appeals. 16. 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. -10- V:%WI~CONTRACT~SGIL'95 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONTRACTOR By: Richard Esgate, ESGIL Corporation APPROVED AS TO FORM: CITY OF TEMECULA By: Jeffrey E. Stone, Mayor Peter Thorson, City Attorney ATTEST: June S. Greek, City Clerk -11- V:~WF~CONTRACT'~ESOIL'96 EXHIBIT A TASKS TO BE PERFORMED PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted uniform codes as follows: Building code requirement including: - Requirements based upon type of occupancy;: - Requirements based upon type of construction; - Engineering regulations including seismic loads; - Detailed regulations of construction; - Fire resistive standards for fire protection; Fire and life safety requirements; Accessibility to the physically handicapped. National Electrical Code requirements Uniform Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes V:%WP%CONTRACT~ESGIL.'96 EXHIBIT B PAYMENT SCHEDULE COMPLETE PLAN CHECK: Esgil Corporation's fee shall be 52% of the Building Permit Fee calculated per Table 3-A of the 1991 edition of the Uniform Administrative Code for each building plan checked. The construction valuation shall be based on the most recent valuation multiplier published by the International Conference of Building Officials in Building Standards or on the architects; estimated construction cost, or on the Building Official's cost estimate, whichever is greater. Not withstanding the above, the minimum contractor fee for plan checking a proposed project shall be one hundred dollars ($100.00). Plan check fee for repetitive identical buildings shall be 52% of the building permit fee as noted above for the first, or basic building, and 15% of the building permit fee as noted above for each additional building. The single fee includes all rechecks and there are no additional charges for preliminary plan check conferences at our office, expedited processing, checking plans that are eventually found to be incomplete or for the pick-up and delivery of plans or for meetings with the Building Official at his/her request. PARTIAL PLAN CHECK: Partial plan checks are discouraged due to the need to coordinate all disciplines in a plan review, however, the fees for partial plan checks are: 2. 3. 4. 5. 6. 7. 8. Basic minimum for any plan check Structural only Fire-Life U.P.C. N.E.C. U.M.C. Title 24 Energy and Sound Control Title 24 Disabled Access 50% of 1988 UBC plan check fee 10% additional 10% additional 2% additional 2% additional 2% additional 2% additional 2% additional Total: 80% of UBC fee PLAN CHECK OF REVISIONS TO PREVIOUSLY APPROVED PLANS: Revisions to previously approved plans will be at Esgil Corporation's published hourly rates shown on the "Labor Rates Schedule." V:~WP~CONTRACT~ESGIL.'II5 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT, made and entered into this 1st day of July , 1995, between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and Ray Gracje & Associates, hereinafter referred to as "Contractor." The parties hereto mutually agree as follows: I. SERVICES: Contractor shall perform the tasks set forth in Exhibit A attached hereto. Contractor shall complete the tasks according to the schedule set forth in Exhibit A. 2. PERFORMANCE: Contractor shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. 3. PAYMENT: The City agrees to pay Contractor as set forth in Exhibit B. Contractor 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. SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT: The City may, at any time, without cause suspend, terminate or abandon this Agreement, or any portion thereof, by serving upon the Contractor at least ten (10) days prior written notice of suspension, termination, or abandonment respectively. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after receiving an invoice from the Contractor, the City shall pay Contractor for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall make void or invalidate the remainder of this Agreement, excepting those provisions relating to document retention, insurance, or indemnity. BREACH OF CONTRACT: In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor 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 Contractor to make progress in the performance work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Contractor, shall not be considered a default. -2- If the City Manager or his delegate determines that the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 6. TERM: This Agreement shall commence on July 1, 1995, and continue in full force and effect for a period of one year subject to earlier termination as provided in Section 4 hereof. Unless terminated by Section 4, this Agreement shall be extended automatically for successive one-year periods on July I of each calendar year. Any disputes regarding performance, default or other matters in dispute. between the City and the Contractor arising out of this Agreement or breach thereof, shall be resolved by arbitration. The. arbitrator's decision shall be final. Contractor shall select an arbitrator from a list provided by the City of three retired judges of the JAMS/End Dispute. The arbitration hearing shall be conducted according to California Code of Civil Procedure, Section 1280, et sea. City and Contractor shall share the cost of the arbitration equally. -3- OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in the event of termination, suspension of 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 Contractor. INDEPENDENT CONTRACTOR: The Contractor"is and shall at all times remain as to the City a wholly independent Contractor. It is expressly understood and agreed that Contractor shall in no event as a result of this contract be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, worker's compensation benefits, and injury leave or other leave benefits, and for such purposes shall be deemed an independent Contractor. LEGAL RESPONSIBILITIES: The Contractor shall keep itself informed of State and Federal Laws and regulations which, in any manner, affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the contractor to comply with this section. -4- 10. 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 Contractor Ray Grage. Principal. Ray Grage & Associates. 350 Railroad Canyon. Lake Elsinore. California 92530 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. 11. ASSIGNMENT: the Contractor shall not assigr~ 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, Contractor's sole compensation shall be the value to the City of the services rendered. -5- LIABILITY INSURANCE: The Contractor 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 Contractor, 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 Contractor shall provide the following scope and limits of insurance: Minimum Scooe of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office form Number GL 0002 (ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Brdad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 ). 2. Insurance Services Office form No. CA 0001 (Ed. 1/78) covering Automobile Liability, code I "any auto" and endorsement CA 0025. 3. Worker's Compensation insurance as required by Labor Code of the State of California, an Employer's Liability insurance. 4. Errors and Omissions insurance. Minimum Limits of Insurance: Contractor shall maintain limits of insurance no less than: 1. General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability: Worker's Compensation as required by the Labor' Code of the State of and Employers Liability limits of $1,000,000 per California accident. 4. Errors and Omissions Insurance: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions: Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: a. 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) day's prior written notice to the City via United States First Class Mail. b. General Liability and Automobile Liability Coverage: The City of Temecula, its officers, officials, employees and volunteers are to -7- be covered as insureds as respects: Liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Contractor's performance of the work described in this contract, the Contractor's insured coverage shall be primary insured as respects the City of Temecula, 'its officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Contractor'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 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect the limits of the insurers liability. Worker's Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the -8- 13. City of Temecula, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Verification of Coverage: certificates of insurance Contractor shall furnish the City with effecting 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. -' Contractor shall include all subcontracts 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. INDEMNIFICATION: The Contractor shall defend, indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising our of or resulting from the Contractor's acts or omissions pursuant to this contract. -9- The City shall indemnify and hold harmless Ray Grage & Associates and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the City's acts or omissions pursuant to this contract. 14. FREEDOM FROM LIABILITY: The Contractor and Contractor staff, when performing duties as representative of the City, shall have the freedom from liability contained in the applicable section pertaining to the powers and duties of the building official, of the most recent adopted edition of the California Building Code. 15. FINAL DECISION AUTHORITY: The City's Chief Building Official shall have final decision authority over the results of the plan check by the Contractor and all work performed by the Contractor shall be to the satisfaction of the Chief Building Official. In instances where the permit applicant takes exception to the Contractor's interpretation of the regulations contained in Title 24, the Building Official shall render a final decision utilizing, as deemed appropriate, the resources of the City Attorney and/or the Board of Appeals. 16. 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. -10- 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. ~ CONTRACTOR By: Ray Grage, Ray Grage & Associates CITY OF TEMECULA By: Jeffrey E.. Stone APPROVED AS TO FORM: Peter Thorson, City Attorney ATTEST: June S. Greek, City Clerk -11- EXHIBIT A TASKS TO BE PERFORMED PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted uniform codes as follows: Building code requirement including: - Requirements based upon type of occupancy; - Requirements based upon type of construction; - Engineering regulations including seismic loads; - Detailed regulations of construction; - Fire resistive standards for fire protection; - Fire and life safety requirements; Accessibility to the physically handicapped. National Electrical Code requirements Uniform Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes EXHIBIT El Fee Proposal Our fee for providing Structural Plan Checking Services to the City of Temecula, as described in our Service Proposal on page 2, will be fifty-two percent (52%) of the building permit fee as established in Table No. 3-A "Building Permit Fees" in the 1991 Uniform Building Code (Appendix B). The building valuation will be based on the City of Temecula Building Valuation Data (Appendix C). Repetitive plan check of identical buildings shall be fifteen (15%) percent of the building permit fee as calculated above. Building plans that have been revised or changed from the original submittal will be required to be resubmitted to the City of Temecula. The extent of the revisions, and the amount of time involved correcting the revisions, will be .discussed and mutually agreed upon by the building director of the City of Temecula and Ray Grage and Associates. At the request of the Building Director of the City of Temecula, Ray Grage and Associates will be willing to meet with clients to discuss corrections or revisions. Services other than those shown in Services Proposal, that may be requested by the City of Temecula, will be billed per attached rate schedule. Rate Schedule Principal Engineer ................................ 495.00 Per Hour Principal Architect ............................... 495.00 Per Hour .' Engineer ...................................... 465.00 Per Hour Architect ...................................... 465.00 Per Hour Plan Checker ................................... 450.00 Per Hour Building Inspector ................................ 450.00 Per Hour Clerical ....................................... 427.00 Per Hour Travel ........................................... 4.27 Per Mile Outside Consulting Services ........................... Cost Plus 15% Printing and Copies ................................. Cost Plus 15% Items not listed are to be negotiated AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT, made and entered into this I st day of Julv, 1995, between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and Robert Bein/William Frost & Associates , hereinafter referred to as "Contractor." The parties hereto mutually agree as follows: I. SERVICES: Contractor shall perform the tasks set forth in Exhibit A attached hereto. Contractor shall complete the tasks according to the schedule set forth in Exhibit A. 2. PERFORMANCE: Contractor shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. 3. PAYMENT: The City agrees to pay Contractor as set forth in Exhibit B. Contractor 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. SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT: The City may, at any time, without cause suspend, terminate or abandon this Agreement, or any portion thereof, by serving upon the Contractor .at least ten (10) days prior written notice of suspension, termination, or abandonment respectively. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after receiving an invoice from the Contractor, the City shall pay Contractor for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall make void or invalidate the remainder of this Agreement, excepting those provisions relating to document retention, insurance, or indemnity. BREACH OF CONTRACT: cause under the terms In the event that Contractor is in default for of this Agreement, the City shall have no obligation or duty to continue compensating Contractor 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 Contractor to make progress in the performance work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Contractor, shall not be considered a default. -2- If the City Manager or his delegate determines that the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 6. TERM: This Agreement shall commence on July 1.1995, and continue in full force and effect for a period of one year subject to earlier termination as provided in Section 4 hereof. Unless terminated by Section 4, this Agreement shall be extended automatically for successive one-year periods on July I of each calendar year. Any disputes regarding performance, default or other matters in dispute between the City and the Contractor arising out of this Agreement or breach thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Contractor shall select an arbitrator from a list provided by the City of three retired judges of the JAMS/End Dispute. The arbitration hearing shall be conducted according to California Code of Civil Procedure, Section 1280, et seq. City and Contractor shall share the cost of the arbitration equally. -3- OWNERSHIP OF DOCUMENTS: Upon satisfactory completion of, or in the event of termination, suspension of 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 Contractor. INDEPENDENT CONTRACTOR: The Contractor:is and shall at all times remain as to the City a wholly independent Contractor. It is expressly understood and agreed that Contractor shall in no event as a result of this contract be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, worker's compensation benefits, and injury lea~e or other leave benefits, and for such purposes shall be deemed an independent Contractor. LEGAL RESPONSIBILITIES: The Contractor shall keep itself informed of State and Federal Laws and regulations which, in any manner, affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the contractor to comply with this section. -4- 10. 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 Contractor Bill Green. Robert Bein/William Frost 28765 Single Oak Dr.. Temecula. California 92590 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. 11. ASSIGNMENT: the Contractor 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, Contractor's sole compensation shall be 'the value to the City of the services rendered. -5- 12. LIABILITY INSURANCE: The Contractor 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 Contractor, 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 Contractor shall provide the following scope and limits of insurance: Minimum Scooe of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office form Number GL 0002 (ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001 ). 2. Insurance Services Office form No. CA 0001 (Ed. 1/78) covering Automobile Liability, code I "any auto" and endorsement CA 0025. 3. Worker's Compensation insurance as required by Labor Code of the State of California, an Employer's Liability insurance. 4. Errors and Omissions insurance. -6- Minimum Limits of Insurance: Contractor shall maintain limits of insurance no less than: 1. General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employer's Liability: Worker's Compensation as required by the Labor-' Code of the State of and Employers Liability limits of $1,000,000 per California accident. 4. Errors and Omissions Insurance: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions: Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: a. 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) day's prior written notice to the City via United States First Class Mail. b. General Liability and Automobile Liability Coverage: The City of Temecula, its officers, officials, employees and volunteers are to -7- be covered as insureds as respects: Liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Contractor's performance of the work described in this contract, the Contractor's insured coverage shall be primary insured as respects the City of Temecula, its officers, officials, employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Contractor'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 Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect the limits of the insurers liability. Worker's Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the -8- 13. City of Temecula, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Verification of Coverage: certificates of insurance Contractor shall furnish the City with effecting 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. -' Contractor shall include all subcontracts 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. INDEMNIFICATION: The Contractor shall defend, indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising our of or resulting from the Contractor's acts or omissions pursuant to this contract. -9- The City shall indemnify and hold harmless Robert Bein/William Frost & Associates and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the City's acts or omissions pursuant to this contract. 14. FREEDOM FROM LIABILITY: The Contractor and Contractor staff, when performing duties as representative of the City, shall have the freedom from liability contained in the applicable section pertaining to the powers and duties of the building official, of the most recent adopted edition of the California Building Code. 15. FINAL DECISION AUTHORITY: The City's Chief Building Official shall have final decision authority over the results of the plan check by the Contractor and all work performed by the Contractor shall be to the satisfaction of the Chief Building Official. In instances where the permit applicant takes exception to the Contractor's interpretation of the regulations contained in Title 24, the Building Official shall render a final decision utilizing, as deemed appropriate, the resources of the City Attorney and/or the Board of Appeals. 16. 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. -10- 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. " CONTRACTOR By: Bill Green, Robert Bein/William Frost CITY OF TEMECULA By: Jeffrey E. Stone, Mayor APPROVED AS TO FORM: Peter Thorson, City Attorney ATTEST: June S. Greek, City Clerk -11- EXHIBIT A TASKS TO BE PERFORMED PLAN CHECKING Provide a complete plan check service to the City of Temecula including analysis for compliance with the City's adopted uniform codes as follows: Building code requirement including: Requirements based upon type of occupancy; Requirements based upon type of construction;' Engineering regulations including seismic loads; Detailed regulations of construction; Fire resistive standards for fire protection; Fire and life safety requirements; Accessibility to the physically handicapped. National Electrical Code requirements Uniform Plumbing Code requirements Title 24 energy conservation compliance City's amendments to the uniform codes FXHIBIT B FEE PROPOSAL FOR STRUCTURAL PLAN CHECKING SERVICES CITY OF TEMECULA BUILDING AND SAFETY J.N. 400670 Robert Bein, William Frost & Associates is prepared to undertake the activities outlined in the "Scope of Services" according to the following proposed method of compensation or as otherwise negotiated with the Chief Building Official and/or City Manager. For the performance of services as outlines, RBF proposes to base the professional fees for the Building and Safety Plan Checking services on fifty-two percent (52%) of the Building Permit Fee as established in Table No. 3-A "Building Permit Fees" in the 1991 Uniform Administrative Code. Repetitive plan check of identical buildings shall be fifteen (15%) percent of the building permit fee as calculated above. This will assure the City that no costs will be incurred for the operation of contract Building Official services. For the performance of other Consultant Services described in the proposal, RBF proposes to bill based on the attached Hourly Rate Schedule. This proposal is for the exclusive benefit of the City of Temecula and represents a proposal for Scope of Services at the mutually agreed upon compensation. ROBERT BEIN, WILLIAM FROST & ASSOCIATES EXHIBIT B ROBERT BEIN, WILLIAM FROST & ASSOCIATES HOURLY RATE SCHEDULE JULY 1, 1994 - JUNE 30, 1996 CITY OF TEMECULA Classification Fee Rate Building Chief Building Official Structural Engineer Plan Checker Engineer Plan Examiner Senior Inspector Building Technician Building Inspector Permit Specialist 9110 998 985 963 975 950 960 94-5 Landscaoe Architecture Senior Landscape Architect Assistant Landscape Architect 968 952 Computer Services Computer Aided Design and Drafting(CADD) Computer Data Entry Computer Time 960 938 915 Other Word Processing 935 Consultation in connection with litigation and court appearances will be quoted separately. Blueprinting reproduction and other direct expenses will be charged at cost. The above schedule is for straight time. Overtime will charged at 1.25 times the standard hourly rates. Sundays and holidays will charged at 1.50 times the standard hourly rates or as negotiated. The foregoing wage rates are effective through June 30, 1996. The rates may be adjusted after that date to compensate for labor adjustments and other increases in other costs. ITEM 12 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance September 12, 1995 Out-of-State Travel Plans RECOMMENDATION: That the City Council authorize certain out-of-state travel plans. DISCUSSION: The City's current travel policy requires council authorization for all out- of-state travel. The following staff have requested out-of-state travel as outlined below: Ronald Bradley City Manager Tim McDermott Asst. Finance Director Denver International City/County Sept 1995 $2,000 Mgmt Assoc. (ICMA) 81 st Annual Conference Wisconsin Government Finance July 1996 $1,400 Officers Association (GFOA) Advance Institute R. Bradley- ICMA Annual Conference offers opportunity for professional development through educational programs, information sharing, and professional networking. T. McDermott - The Government Finance Officers Association (GFOA) Institute provides training of invaluable knowledge relating to government financial strategies and insights. Although the training is scheduled for July 1996, the application and payment will be required for this training in FY 1995/96. FISCAL IMPACT: year budget. The funds for the above travel have been incorporated into the current ITEM 13 ORDINANCE NO. 9512 AN ORDINANCE OF THE CITY COUNCIL OF ~ CITY OF TEMECULA, CALwORNIA, APPROVING AN AMENDMENT AND RESTA~ OF DEV!~LO~ AGI~~ NO. ~ BETW~ THE CITY OF TEMECUIA AND VAN D,~I~-I-E 79 VENTURE, LTD. FOR FINAL TRACT MAPS NO. 22716-FINAL, 227162, 227164 AND TENTATIVE PARCEL MAP 28122 WITH IN SPECIFIC PLAN NO. 199. WHEREAS, Section 65864 et sea_. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and mainUtining requirements applicable to the development of real property; and, WHEKEAS, in accordance with the procedure specified in said Resolution, Van Daele 79 Venture, Ltd., a California Ijmited Parmenhip, hereinaf~ "Van Daele" has filed with the City of Temecula an application for a Development Agreement which reflects an amendment and restatement of existing County Development Agreement No. 5 (hereinafter *this Agreement,), of a residential housing subdivision on its property for Planning Area 14 including at Tract 22716, Lots 1-11; Tract 22716-2, Lots 1-13, 17-31; Tract 22716-4, Lots 1-40; Parcel Map 28122, Lots 1, 2, 3 provided such Parcel Map is approved, hereinaft~ the *Subject Property" which application has been reviewed and accepted for filing by the Planning Director; and, Wn~RF~AS, notice of the City's intention to consider adoption of this Agreement with Van Daele, has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings on August 7, 1995 (Planning Commission), and August 22, 1995 (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF TH'E CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Van Daele, that it: A. Is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the use of certain real property for residential development consistent with the General Plan's land use designation of low-medium density residential; Ords\95-12 I B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Subject Property referred to herein is located as this Agreement provides for residential development pursuant to a Specific Plan; C. Is in conformity with the public convenience, general welfare, and good land use practice because it mAkeS reasonable pwvision for a balance of land uses compatible with the remainder of the City; D. WiLl not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the pwtection thereof; E. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the htest eq~mliTed assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; G. Notice of the public hearing before the City Council was published in a newspaper of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least ten (10) days prior to the hearing to the project applicant, to each agency expected to provide water, sewer, schools, police pwtection, and fire pwtection, and to all property owners within six hundred feet (600') of the property as shown on the htest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and phce of the .' public hearing, the identity of the hearing body, the general explanation of the matter W be considered, a general description in text or by diagram of the location of the Property that is the subject of the hearing, and the notice of the need to exhaust administrative remedies; I. City Council approved this Agreement by Ordinance based upon evidence and findings of the Planning Commission and new evidence presented at its hearing on this Agreement, giving its reasons therefor and setting their relationship between this Agreement and the General Plan; K. The benefits that will accrue to the people of the City of Temecula from this legislation and this Agreement are as follows: 1. Generation of municipal revenue; Orals\95-12 2 2. Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; 4. Enhancement of quality of life for surrounding residents with the timfly development through the elimination of dust and nuisance of partially improved lots; 5. Payment of Public Facility Fees (fire, library, traffic signal mitigation, development and RSA); and, 6. Help ensure solvency of Assessment District 159 and Community Facilities District 88-3 as Van Daele has elected to use legislation to help offset burden to pay off each of these districts for subject property in their entirety and these districts finance City and regional improvements. : Seaion 2. APPROVAL. This Agreement, attached hereto and incorporated herein by this reference as Attachment "1" is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temectda; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance ~]c~-s effect and the City has received from the applicant two executed originals of said Agreement. Section 3. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and ff for any reason a court of competent jurisdiction shah hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining pans of this Ordinance. Section 4. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section S. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. 0~95-12 3 Section 6. 1995. PASSED, APPROVED AND ADOFrED this 12th day of September, Jeffrey E. Stone, Mayor ATTEST: J~ne S. Greek, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 95-12 was duly introduced and phced upon its first reading at a regular meeting of the City Council on the 22nd day of August, 1995, and that thereafter, said-' Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of September 1995, by the following vote, to wit: CO~CILMEMBERS: NOES: CO~C~MEMBERS: CO~CILMEMBERS: June S. Greek, City Clerk Ords\95-12 4 TEMECULA COMMUNITY SERVICES DISTRICT ITh~M 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD AUGUST 8, 1995 A regular meeting of the Temecula Community Services District was called to order at 9:29 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. President Ron Roberts presiding. ROLL CALL PRESENT: 5 DIRECTORS: Birdsall, Lindemans, Parks, Stone, Roberrs ABSENT: 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, General Counsel Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR ' It was moved by Director Birdsall, seconded by Director Parks to approve the Consent Calendar as follows. 1. Minutes 1.1 Approve the minutes of July 25, 1995 2. Amendments to TCSD Landscaoe Maintenance Contracts 2.1 Approve contract amendment of ~20,293with Excel Landscape, Inc., to provide landscape maintenance services for five (5) additional slope maintenance areas. The motion was unanimously carried. GENERAL MANAGERS REPORT None given. DIRECTOR OF COMMUNITY SERVICES REPORT None given. BOARD OF DIRECTORS REPORTS None given. Minutes.csd\080895 12 ADJOURNMENT It was moved by Director Stone, seconded by Director Parks to adjourn at 9:30 PM to a meeting on August 22, 1995, time certain following the City Council Consent Calendar, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Minutes.csd\080895 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD AUGUST 22, 1995 A regular meeting of the Temecula Community Services District was called to order at 7:30 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. President Ron Roberrs presiding. ROLL CALL PRESENT: ABSENT: 5 DIRECTORS: Birdsall, Lindemans, Parks, Stone, Roberrs 0 DIRECTORS: None Also present were General Manager Ronald E. Bradley, General Counsel Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR Director Stone registered an abstention on Item No. 2. Director Lindemans questioned the necessity to reject all bids on .this item. Director Parks suggested removing this item from the Consent Calendar for further discussion. It was moved by Director Lindemans, seconded by Director Parks to approve Consent Calendar Items No. 1, 3 and 4. The motion was unanimously carried. Combining Balance Sheet as of June 30, 1995 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 1995 1.1 Receive and file the Combining Balance Sheet as of June 30, 1995 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 1995; 1.2 Approve an appropriation of $11,237 to Service Level A account #191-180- 999-5319 "Street Lighting"; 1.3 Approve an appropriation of $35,471 to Service Level B account #192-180- 999-5319 "street Lighting". Minutes.csd\8~22~95 -1 - 08/30/95 Cit~ Council Minutes November 29.1994 Amendments to TCSD Landscaoe Maintenance Contracts 3.1 Approve a contract amendment of $46,945. with California Landscape, Inc. to provide landscape maintenance service~ for three (3) new park facilities. 4. Desion Services Contract - Duck Pond Project 4.1 Award a design services contract of $23,150 to the Alhambra Group for the preparation of schematic design drawings, construction documents and project administration for the Duck Pond Project. Rejection of Bids for Construction of Sam Hick Monument Park Imorovements City Attorney Thorson explained that the low bidder failed to bid on required alternatives and to acknowledge receipt of certain addendum items. Secondly, he stated that the bids substantially exceeded the engineer's estimate. Director Lindemans suggested that the second lowest bidder be accepted. Director Parks stated he has a problem with the bids exceeding the engineers estimate. Director Birdsall listed her biggest concern as delay of project due to litigation. She also stated she feels this needs to be re-estimated regarding construction cost. It was moved by Director Birdsall, seconded by Director Lindemans to approve staff recommendation: 2.1 Reject all bids and authorize staff to readvertise for construction of Sam Hicks Monument Park Improvements; 2.2 Authorize the City Clerk to return bid bonds to all bidders. The motion was unanimously carried with Director Stone abstaining. GENERAL MANAGERS REPORT None given. DIRECTOR OF COMMUNITY SERVICES REPORT Senior Management Analyst Phyllis Ruse reported that the Grand Opening of Pala Park will take place on Thursday, August 24, 1995 at 9:00 AM. Minutes .csd%8\22\95 -2- 08/30/95 City Council Minutes November 29, 1994 BOARD OF DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Stone, seconded by Director Parks to adjourn at 8:46 PM to a meeting on September 12, 1995, 8:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Ron Roberrs, President ATTEST: June S. Greek, City Clerk/Board Secretary Minutes.csd\8\22%95 -3- 08/30/95 REDEVELOPMENT AGENCY ITEM I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MEETING HELD AUGUST 8, 1995 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 9:30 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Ronald J. Parks presiding. PRESENT: 5 AGENCY MEMBERS: Birdsall, Lindemans, Roberrs, Stone, Parks ABSENT: 0 AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, General Counsel Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Agency Member Stone, seconded by Agency Member Roberts to approve Consent Calendar Item 1. 1. Minutes 1.1 Approve the minutes of July 25, 1995. The motion was unanimously carried. AGENCY BUSINESS 2. ProDosed Purchase and Resale of Rancho West Apartments Senior Planner John Meyer presented the staff report regarding the establishment of 150 affordable housing units. Agency Member Roberts requested a stipulation in the Agreement concerning the CVHC property is not performing correctly, the apartment building will be returned to the City of Temecula". Senior Planner Meyer responded that the Agreement was in process and that stipulation would be included. It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall to approve staff recommendation. The motion was carried with Agency Member Stone abstaining. Minutes.rda\080895 Authorize submission of an offer to purchase the Rancho West Apartments from the Resolution Trust Corporation for · total of $2,255,000. 2.2 Authorize the subsequent resale of the project to Coachella Valley Housing coalition (CVHC) for operation as an affordable housing project in perpetuity. 2.3 Authorize the execution of a regulatory agreement with CVHC subject to the approval of the Executive Director and City Attorney. 2.4 Authorize the expenditure of housing set-aside funds in the amount of e90,3090to fund acquisition expenses for the Rancho West Apartments. EXECUTIVE DIRECTOR'S REPORT Executive Director Bradley advised Council that during the August 22, 1995 meeting they may be requested to adjourn to August 31, 1995 for a Special Meeting on the Old Town Entertainment Project. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT The meeting was adjourned at 9:39 PM. to a meeting on August 22, 1995, time certain following City Council Consent Calendar, 30875 Rancho Vista Road, Temecula, California. Minutes.rda\080895 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY MEETING HELD AUGUST 22, 1995 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 8:47 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Ronald J. Parks presiding. PRESENT: 5 ABSENT: 0 AGENCY MEMBERS: Birdsall, Lindemans, Roberrs, Stone, Parks AGENCY MEMBERS: None Also present were Executive Director Ronald E. Bradley, General Counsel Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Agency Member Lindemans, seconded by Agency Member Stone to approve Consent Calendar Item No. 1. The motion was unanimously carried. Combinina Balance Sheet as of June 30.1995 and the Statement of Revenues. Exoenditures and Chanaes in Fund Balance for the Fiscal ear Ended June 30, 1995 1.1 Receive and file the Combining Balance as of June 30, 1995 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 1995. AGENCY BUSINESS 2. Authorization to Extend Aareement for RDA Consultina Services Executive Director Ronald Bradley presented the staff report. It was moved by Agency Member Roberts, seconded by Agency Member Stone to approve staff recommendation as follows: 2.1 Approve an extension of the agreement for consulting services with PMW Associated and authorize the Chairperson to execute an amendment extending the agreement, subject to the approval of the Executive Director and the General Counsel. The motion was unanimously carried. Minutes.rda\082295 -1 - EXECUTIVE DIRECTOR'S REPORT Executive Director Bradley announced that a joint RDA/City Council Meeting will be held on August 31, 1995 at 7:00 PM at the Rancho California Water District Offices to discuss the Owner Participation Agreement between the Redevelopment Agency and T.Z.B.G., inc. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT : It was moved by Agency Member Lindemans, seconded by Agency Member Stone to adjourn at 7:51 PM to a Joint RDA/City Council Meeting on August 31, 1995, 7:00 PM, Rancho California Water District Board Meeting Room, 42135 Winchester Road, Temecula, California. : Ronald J. Parks, Chairperson ATTEST: June S. Greek, Agency Secretary/City Clerk Minutes.rda\082295 -2- ITEM 2 TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Joseph Kicak, Director of Public Works/City Engineer Shawn Nelson, Director of Community Services September 12, 1995 Professional Services Contract - Albert A. Webb Associates PREPARED BY: John Pourkazemi, Assistant Engineer RECOMMENDATION: That the Redevelopment Agency award a Professional Services Contract of $53,695.00 to Albert A. Webb Associates (Webb) to provide design services for the Sixth Street Parking Project. BACKGROUND: The Sixth Street Parking Project is included in the current Capital Improvement Program. The project allocated $375,000 to fund the administration, design and construction ($65,000, $ 50,000 and $260,000, respectively) associated with the Sixth Street Parking Improvements. Said amount is assigned for onsite parking improvements only. The scope of design work has now been modified to include design of a public restroom facility and design of necessary offsite street and streetscape improvements in compliance With the Old Town Specific Plan. The project will be coordinated with the construction of the proposed Transportation Depot. The scope of design work for Webb is described in the attached proposal. The work includes preparation of standards and specifications necessary for construction of the Old Town streetscape. Basically, this Sixth Street Parking Project will be the City's first "Demonstration Block" project. The cost to design the above described work is therefore higher than the amount initially budgeted however, there are adequate funds available in the program in total to cover the cost of design work. In addition, once design work is completed, the construction cost will probably be more than the $260,000 initially budgeted. Therefore, once the proposed costs of the improvements have been identified, the required funds to construct the necessary improvements will be determined and presented before the agency for allocation of adequate funds. -1- r:%egdfpt%95%O912%rfp38.agn FISCAL IMPACT: The cost of the Professional Services Contract for the design of the Sixth Street Parking Project is $53,695.00. Sufficient funds are available in Capital Improvement Program Account No. 280-199-804-5802to fund this contract. Attachments: 1. Albert A. Webb Associates Agreement -2- r:%agdrpt%95\0912%rfp38.agn A TTA CHMENT NO. Agreement 1 PROFESSIONAL SERVICES This Agreement was made and entered into this 12th day of September, 1995, by and between the City of Temecula ("City"), a municipal corporation, and Albert A. Webb Associates., a California Corporation ("Consultant"). 9 The parties hereto mutually agree as follows: Services. Consultant shall perform the tasks set forth in Exhibit "A" attached hereto. Consultant 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 $53,695.00for 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 $10,000. 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. 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, 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 Consultant at least three (3) days prior to the termination date. In the event of termination, Consultant shall be paid for the services performed. Indemnification. The Consultant agrees to defend, indemnify, protect 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~038~webb .agr/ajp m 10. 11. Status of Consultant, Consultam 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 September 12, 1995, 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 Consultam 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. Consultam shall select an arbitrator from a list provided ~oy 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. 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: City of Temecula Attention: Ronald E. Bradley, City Manager 43174 Business Park Drive Temecula, CA 92590 Consultant: Albert Ao Webb Associates Attention: Roger Prend 3788 McGray Street Riverside, CA 92506 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%O38~webb .agrlajp 12. 13. 14. 15. Entire AQreement. 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. LeQal Resoonsibilities. The Consultam shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. 'The Consultant shall at all times observe and comply with all such laws and regulations· The 'City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 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, Consultant's 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 Consultant shall provide the following scope and limits of insurance: A. Minimum Scooe 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 Board Form Comprehensive General Liability; or Insurance Services office Commercial General Liability coverage ("occurrence" Form No. CG-0001 ). 2. Insurance Services Office Form No. CA-0001 (Ed. 1/78) covering Automobile Liability, Code I "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. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: -3- r:~rfp~038\webb.agr/ajp General Liability: $1,000,000 combined single limit per occurrence for bodily injury and property damage. 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. Errors and Omissions Insurance: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductible in excess of $1,000 must be declared to and approved 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, concealed 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 Mall· General Liability and Automobile Liability Coveraaes. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant, or automobiles owned, lease, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Consultant's performance of the work described in this contract, the Consultant'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 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. Workers' Compensation and Emolovers' Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its -4- r:\rfp\O38\webb.agrlajp officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. Verification of Coveraee. Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certificates for each insurance IDolicy 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 a/piDroved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultam 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 aiDproved 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. ~ 16. 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 J. Parks, Chairman Albert A. Webb Associates APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk -5- r:~rfp~O38\webb.agr/ajp EXHIBIT "A" TASKS TO BE PERFORMED r:~,rfp~O38~,webb.agrlajp UNDERSTANDING OF PROJECT As the City of Temecula wishes to finish Sixth Street Parking Area within the constraints of an aggressive time table, understanding the key elements of this project will be critical. The challenge of this project will be to compile all the existing documentation and prepare a "turn-key" construction package within the time frame given by the City. Some of the critical issues for the successful implementation of project elements are discussed below. ISSLrE 1: ISSUE 2: LANDSCAPING AND LIGHTING--Since the landscape and lighting will be the focal point of this project, attention to the Old Town Temecula Specific Plan with regards to plant material and lighting is essential. HYDRAULICS--Because this site is being developed independent of the Sixth Street storm drain, allowances will need to be given to interim drainage of the site and connections to the future storm drain. Since the site lies within a designated floodplain, special considerations will need to be made in developing the SWPPP and the Flood Plain Development Permit. ISSUE 3: GEOTECHNICAL ISSUES-Since the area lies within a floodplain, the possibility of unsuitable material exists. Unsuitable material will not effect the parking lot and street designs, but will effect the future foundation design of the transportation depot and public restroom facilities. ISSUE 4: UTILITIES--Based on a site inspection, several utility purveyors are present in the project area. Coordination with each of these purveyors will be critical so that establishing any design constraints can be ascertained and mitigated within the time frame for the preparation of the construction documents. Since future buildings will be constructed on the site, utilities will need to be provided to the restroom facility and stubbed to the transportation depot. ISSUE 5: PARKING LOT RESTROOM--Based on a meeting with City of Temecula staff, a public restroom and courtyard area shall incorporate the theme of the transportation depot. Parkway landscaping-and details shall define the future old town standards. WEBB ASSOCIATES -56- SCOPE OF WORK AND LABOR-HOURS PROJECTIONS Albert A. Webb Associates shall perform all work required for the design and preparation of drawings for the Sixth Street Parking Area as specified by the City. Said work shall include, but not be limited to, the following: 1.0 ANALYSIS AND PROGRAMMING PHASE Task 1.1 Task 1.2 Conduct Project Start Up Meeting with the City of Temecula to introduce consultant team, discuss overall project, and review project requirements. Methodology: The purpose of this meeting will be to identify potential goals and objectives for the project, to brainstorm issues that will be addressed by the project, to review the project schedule, to formulate the project review process, and to review existing data needs and requirements. The role of the Old Town Temecula Specific Plan in regards to site planning and design issues such as plant materials, lighting and paxking layout will be reviewed in the context of the Sixth Street Parking Area and future transportation depot building and public restroom facilities, as well as the existing and future adjacent development. The project schedule and the City of Temecula's preliminary construction budget will be reviewed and a cost model established. Specific dates for future meetings and presentations will be established. Update Project Schedule Methodology: Based on the project schedule as set forth in this proposal and input gained from the project start up meeting, update and revise the project production schedule. This schedule will be maintained through out the life of the project to reflect any changes. WEBB A SSOCIA TES -57- Task 1.3 Perform On-Site Reconnaissance with Design Team and City Representatives Task 1.4 Methodology: A site reconnaissance will be performed by the full project team and appropriate City of Temecul~/'representatives to evaluate and record existing site conditions and character. Significant site features will be inventorled, as well as all influential off-site conditions. Full photo documentation will be performed for utilization durin~g the Design Development Phase. Perform Existing Data Review Methodology: Existing documents including regulations, requirements, programs and previous planning and budget or funding program studies for the project area will be reviewed and analyzed. The Old Town Temecula Specific Plan and any program information for the transportation depot will be reviewed and evaluated. Task 1.5 Review Utility System Methodology: Review existing utility system in the area and the capabilities of each with relationships to the site for the proposed and future uses. Task 1.6 Prepare Site Potentials and Constraints Analysis Methodology: A site inventory analysis will be prepared which graphically documents existing on- site and off-site conditions. This will become the basis for the development of the potentials and constraints analysis. The potential and constraints analysis will be prepared by documenting physical, jurisdictional and environmental issues. Technical considerations such as drainage, access potential, utility easements, adjacent land uses and physical considerations such as climate, views, noise, and light will be diagrammed WEBB A SSOCIA TES -58- Task 1.7 Prepare Analysis of the "Concept Plan" Task 1.8 Methodology: Based upon the information generated in Tasks 1.1 through 1.6, an analysis of the "Concept Plan" will be prepared which illustrates pedestrian circulation, plant materials, parking layout, parking lot lighting, site utilities, street improvement plans, parkway landscape plans, public restroom facilities, results of hydrology study, any site furnishings, and overall landscape character in plan view, section and elevation. This character will relate to the future transportation depot and the historic quality of Old Town Temecula. The final product will be rendered and suitable for presentation. Conduct City of Temecula Staff Meetings Methodology: Informal meeting with key City of Temecula staff and team members, as well as public meetings and public hearings, as appropriate, will be held throughout the duration of this phase. The purpose of these meetings will be to review issues, concerns, and needs for the project. DELIVERABLES: a, Photo Documentation of Existing Conditions Site Potentials and Constraints Analysis "Concept Plan" Analysis - Plan View "Concept Plan" Analysis - Cross Sections/Elevations/Sketches as necessary '2.0 DESIGN DEVELOPMENT & DESIGN REVIEW PROCESSING PHASE Task 2.1 Preliminary Plans (@ 20' scale) Methodology: Preliminary plans will include the recommendations for pedestrian linkages to the future transportation depot, public restroom facilities, and Old Town Temecula. Paving materials will be identified including the type of material and type of finish or scoring patterns. Pedestrian level, parking lot, and pubic restroom lighting including recommendations on fixture type, location and lamp type to be used will be WEBB A SSOCIA TES -59- identified. The type and placement of all landscape materials, accent trees, tree massing and shrub and groundcover placement will be shown as will any inert materials such as decomposed granite. A site utilities plan, a preliminary precise grading plan and street improvement plans and parkway improvement plans will be prepared for conceptual approval by the City. All work will be in Autocard format. Task 2.2 Task 2.3 Prepare Outline Details Methodology: Outline details for all benches, trash receptacles, and lighting fixtures will be prepared. Prepare Statements of Probable Construction Cost Methodology: Detailed discussions will be held with the City of Temecula to assure that the cost accounting format established during the Analysis and Programming Phase will remain viable throughout the balance of the project. Unit cost figures will be developed based upon known construction costs for public parking lot improvements within the region. Accounts, by design discipline, will be established and utilized for each project phase. I.D.L.A.'s Autocadd capability will facilitate the provision of consistent accurate quantifying of all project elements. Continuous attention will be given to assure that original budget requirements are' maintained. Task 2.4 Prepare Preliminary Geotechnical Investigation Methodology: The purpose of the geotechnical investigation will be to develop final design recommendations for the design team. The scope of work will be defined on the basis of the preliminary review of existing information. A tentative scope of work has been developed based upon a cursory review conducted for the purpose of this proposal. Although we' ve described the anticipated scope in this section, it will be subject to modifications as indicated by the initial project review. The geotechnical engineering approach to this project will be based upon our intent to supply the project designer with sufficient data for developing grading WEBB ASSOCIATES -60- recommendations and specific recommendations for the design of the Sixth Street Parking Area. Task 2.5 Conduct City of Temecula Staff Meetings Methodology: Informal meetings with key City of Temecula staff and team members, as well as public meetings and public hearings, as appropriate, will be held throughout the duration of this phase. The purpose of these informal meetings, public meetings, and public hearings will be to review scheduling, profess, issues, concerns and needs of the Sixth Street Parking Lot project. DELIVERABLES: a. Design development plans for all elements of the project. b. Design development details of major design elements and/or features. c. Preliminary Statement of Probable Construction Cost for all elements. d. Preliminary Geotechnical Investigation. e. Site survey and boundary map. 3.0 CONSTRUCTION DOCUMENTS PHASE Task 3.1 Prepare Material Specifications Task 3.2 Methodology: Material specifications will be prepared for all design. elements approved by the City. These specifications will include type, size,' color and finish of all paving materials, light fixtures, site furnishing and signage. Prepare Construction Documents, Details and Specifications for all elements approved by the City . Methodology: Construction documents will be prepared for all project elements including planting, irrigation systems, site furnishings, pavement, lighting, electrical engineering, underground utilities, parking lots and precise grading. Elevation certification will be provided. Retaining wall calculations will be provided in detail. WEBB A SSOCIA TES -61- Task 3.3 Project specifications, contract documents, and bid schedule will be prepared for a complete "turn-key" package incorporating the City of Temecula's Standard "Boilerplate" specifications. The City's "boilerplate" will be provided in digital format by the City. Prepare Final Statement of Probable Construction Cost for all elements. Methodology: Detailed discussions will be held with the City to assure that the cost accounting format established during the Analysis and Programming Phase will remain viable throughout the balance of the project. Unit cost figures will be developed based upon known construction costs for public parking lot improvement projects and public restroom projects within the region. Accounts, by design discipline, will be established and utilized for each project phase. Task 3.4 Participate in City Staff Meetings Methodology: Informal meetings with key City staff and team members, as well as public meetings and public hearings, as appropriate, will be held throughout the duration of this phase. The purpose of these meetings will be to review issues, concerns and needs of the Sixth Street Parking Lot project. DELIVERABLES: a, Material Specifications for all approved Design Developments Elements. Provide one complete copy of final construction specifications. Final Statement of Probable Construction Costs. Final Construction Documents for all elements of the project. As-Built Drawings for all elements of the project after final construction. WEBB ASS 0 CIA TES -62- 4.0 BIDDING PHASE SERVICES Task 4.1 Review Bid Documents Methodology: The bid documents will be given a final review for consistency with the approved plans and specifications and a written memorandum prepared including recommended modifications if any. Task 4.2 Attend Pre-Bid Meeting Methodology: Identified team members will attend the preobid meeting as scheduled by the City of Temecula. Task 4.3 Bidding Phase Construction Document Clarification Methodology: Identified team members will be available to respond both written and verbal requests for clarification or further information in regards to the construction documents during the bidding phase. Task 4.4 Attend Bid Opening Methodology: Attend the bid opening to observe the proceedings and support the City of Temecula. Task 4.5 Assist in Reviewing Bid Methodology: Assist the City of Temecula in analyzing bids to determine the lowest responsible bidder. 5.0 CONSTRUCTION PHASE SERVICES Task 5.1 Attend Pre-Construction Meeting Methodology: Attend pre-construction meeting to assist the City of Temecula and answer questions. WEBB ASSOCIATES -63- 6.0 PARKWAY LANDSCAPE AND SIGNAGE Task 6.1 Design Development Task 6.2 Methodology: In order to present the Concept and design intent of the · landscape site amenities that will serve as prototypes for the future development of Old Town Temecula, it is necessary to develop and refine the materials, colors, finishes, sizes, and design of these important features. In the case of items that can be specified from a manufacturer, the identification of the project, selection, and specification is necessary as is the method of placement, attachment, or support. Amenities identified for development are as follows: Boardwalk Wood Benches (3 types) Trash Receptacles Pedestrian Lighting (wired for sound) Street Sign Phone Booth Drinking Fountain Public Parking Directional Sign Newspaper Rack Garden Walls @ Transit Depot Tree Wells It is important that these site amenities be presented in a graphic format that is suitable for presentation to various agencies that will review them. including the Old Town Local Design Review Board, Development Review Committee, Planning Commission, and City Council. A storm board .will be created using drawings, sketches, photos, and test to fully describe the various components. Allowances must be made to refine the design and graphics throughout the entire process. Up to six agency meetings and presentations are provided for under this scope of work. Construction Detail Phase Methodology: Subsequent to the approval of the design development details, the details are ~nalized in a form that will allow the site amenities to be constructed or specified from a manufacturer. Methods of attachment or support including foundations are shown. These details can then be used WEBB - 64- ASSOCIATES throughout Old Town Temecula as standards. They will be produced on CADD and output on disk. 7.0 PARKING LOT RESTROOM Task 7.1 Architecture Methodology: The schematic design of the facility will be provided to describe not only the layout of the floor plan and adjacent courtyard and the relation to the parking lot, but also set the look of the building elevation and appropriate construction materials. The style of the architecture should relate to the adjacent transportation depot. .. The construction document portion of the project will provide a complete set of working documents including specification details. All structural, mechanical, and electrical engineering are included. The architect will provide bidding administration specifications. The Architect will attend a pre-construction meeting. Task 7.2 Landscape Architecture In the schematic design phase, the restroom and adjacent courtyard will be. integrated into the overall landscape concept of the parking lot and the transportation depot including planting and construction materials. Site amenities from the above list will be located as necessary. Additional construction documentation will be provided to include the restroom facility and surrounding amenities. WEBB ASSOCIATES -65- EXHIBIT "B" PAYMENT SCHEDULE r:~rfp~O38~webb .agr/ajp ALBERT A. WEBB ASSOCIATES ENGINEEPJNG CONSULTANTS FEE SCHEDULE CLASSIFICATION RATES S/HOUR Office Engineering Senior Consultant .................. :-- ......................................................... 95.00 Principal Engineer ....................................................................... : ..... 90,00 Project Manager ................................................................................ 85.00 Project Engineer ................................................................................ 85.00 Assistant Project Manager .................................................................... Engineer - Designer ............................................................................ 70.00 Designer o Senior ............................................................................... 65.00 Designer ...................................................................................... :--- 60.00 Assessment Engineer - Senior ............................................................... 85.00 Assessment Engineer .......................................................................... 75.00 Assistant Assessment Engineer ............................................................. 50.00 Environmental Planner - Principal .......................................................... 75.00 Environmental Planner - Senior ............................................................. 70.00 Environmental Planner ........................................................................ 60.00 Draftsman o Senior ............................................................................. 50.00 Draftsman ........................................................................................ 45.00 Support Services Administrative Assistant ..................................................................... 50.00 Word Processor with Equipment ............................................................. 35.00 Clerical ........................................................................................... 23.00 Field Services Public Works Supervisor ...................................................................... 60.00 Inspector - Senior .............................................................................. 55.00 Inspector ......................................................................................... 50.00 3-Man Survey Party and Equipment .......................................................... 175.00 2-Man Survey Party and Equipment ......................................................... 130.00 1-Man Survey Party and Equipment ......................................................... 74.00 Electronic Distance Measuring Equipment ................................................ 10.00 Survey/Inspector Vehicle ...................................................................... 55 Per Mile Outside Services Special Consultants and Purchased Services .............................................. Cost Plus 15% Miscellaneous Incidental Expenses ............................................................................ Cost Postage ........................................................................................... Cost Prints, Copies, Telephone, Delivery Charges ............................................ Cost Travel & Subsistence .......................................................................... Cost 35 Per Mite Mileage ........................................................................................... 25.00 Computer Time .................................................................................. NOTE: All rates are subject to change based on annual inflation and cost of living adjustments. *A FINANCE CHARGE of onc and one half percent (1-1~%) pet month (18% per year) will ~ added to any unpaid amount commencing thirty (30) days from dam of invoice. A mechanic's Lien may be filed for any invoice re~aining unpaid aher ~iny (30) days from date of invoice. SCH 11 REV. PVT. #2 12/1/91 Misc/94-00/fee schedule iODOLOAO IAN DAVIDSO~~ '"' LANDSCAPE ARCHITEC. SCHEDULE OF HOURLY BILLING RATES Effective Through January 1, 1996 Principle Landscape Architect Cadd Operator Designer/Dmftsmann Clerical $50.O0/hour $30.O0/hour $30.O0/hour $15.00/hour Member A.S.L.A. · CA Registration ~"2651 6172 Kirk St. · Riverside. CA92506 ° Phone 909.683.1283 · FAX909.683.4352 F- 0 ,< [- 0 h, .L ~0 COST PROPOSAL Our cost proposal is provided on a time and material basis in accordance with the attached Schedule of Fees. Total fees for services detailed in our revised scope of work shah not exceed $53,695. This cost includes charges for printing, copying, mileage, telephone, postage, outside services, subsistence, clerical services, computer time, electronic distance measuring equipment, and for coordination or other incidental services. It is understood that the City will pay any fees required by other public agencies for their application processing, project review, plan check, and permit issuance. INSURANCE Webb Associates presently maintains both public liability and workers compensation coverage and is willing and able to meet the City's insurance and indemnification requirement. Webb also carries professional liability insurance of $1 million. A certificate naming the City of Temecula as additional insured will be provided at project commencement. WEBB '68- ASSOCIATES ITEM 3 APPROV CITY A'I'i'ORNEY FINANCE OFFICE CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: Redevelopment Agency Board Members Gary Thornhill, Community Development Director DATE: SUBJECT: September 12, 1995 Appropriation and Authorization to Release Funds for Old Town Specific Plan Billboard Sign Lease Prepared By: David W. Hogan, Senior Planner RECOMMENDATION: It is requested that the Redevelopment Agency appropriate 915,000 to Redevelopment Agency Account # 280-199-999-5264,and authorize payment to the Old Town Temecula Mainstreet Association for the Old Town Specific Plan Billboard Sign Lease. BACKGROUND: In February 1994, the City Council adopted the Old Town Specific Plan. One of the implementation programs of the Plan was the provision for freeway oriented signs to announce the location of Old Town to travelers along Interstate 15. The Specific Plan expected that the Agency's role funding these signs would stop after four years. The levels of support in the Specific Plan to help publicize Old Town are shown below. Fiscal Year 1993-94 Fiscal Year 1994-95 Fiscal Year 1995-96 Fiscal Year 1996-97 After Fiscal Year 1996-97 ,~ 12,000 920,000 915,000 9 7,500 9 0 Approval of this request would support the promotional activities of the Old Town Temecula Mainstreet Association (OTTMA). The Agency has previously approved requests on October 26, 1993 and October 11, 1994. These requests provided two freeway-oriented signs through August 1, 1995. The OTTMA is currently requesting 915,000 to provide a single south-facing sign between August 1, 1995 and August 1, 1996. The sign is located on the west side of Interstate 15 south of Rancho California Road and faces south. FISCAL IMPACT: Approval of this request would transfer 915,000 from the Agency Fund Balance to Account Number 280-199-999-5264. Attachments: 1. Proposed Billboard Sign Lease - Page 2 R:\REDEV\SIGN02.RDA 8/24/95 dwh ATTACHMENT NO. 1 R:\REDEV\SIGNO2.RDA 8/24/95 dwh 2 ORDER FOR PA/NTF:D BULLETIN DL~PLAY 242 west uain -,feet, xuit~ 101 · t~tin, ca 926i0 · ~14) t3g-9026 · fax ('/14) 730-5461 adams advertising, inc. CU~'T. NO. 277B AdvertlMf . Old Town Nerchsnl~ ARSOC_ ContractNo,- 016-1458 A2eucy NOne Dm May 10, 1995 P~d~ Temecula Merchants A88oc. S~n D-,e . August 1, 1995 PalnfinEs Annually One (1) Expira~n Dais August 1, 1996 for each kndcau iad~d~l o~tho contracL Bach momMypayment is Wbe meae on ot befo~ ljdaya agat da~ofinvoic~. canaidentien of ~ ahov~ dcscn'bed storyice offic~inTumin. C~lifomia.($ 1575.00 ) One Thous n F Vea~nndred d · ~p-vent~ P-[ ve- ...... md ~o/100 ~ars in hwful mo~y of the Un~cd Sta2s per mma for Six mo-tk-. payabk monddy in advau~ plm mxyinifialpm-raXedmon~ Advetiisaagrces~k~itmayhedifSnaltWmw.~laintl~exactamomatofdemages. iuthecve~ Adveffi~ng, ?aC, liqt~a~d danages in th~ atomrot of e~2htcen ~ (18 ~) per mmum ~dc, d~d st the ram o~ o~ and o~ half pexc~ (1 ~t ~) per month of my ramtidy paymex2 in IXEATION DBSCR/PTION HLUMINATED SIZB PRICB PHR MONTH Board No. 016-145S Yes 12 ' x 38 ' $1575.00 Net Triterstate 15 weStline .8 ml south of Hancho Ca1. Pace South Temecula ' Eamcdpalntdocseotix/ndepictor~. ~xtworkw~ll~cchrSedat $ ~,~non perlayout. A/l~rtwo~ fun~hed to Adams Advext~nz, lnc. w boscakd mac-lalf(/2) inch to Aden~ Advatising, Inc. rosetree the fight at my ~_,~ (eitha' befo~ ot ~ imintin~ to eensm', x~ject, or wilhamw any edvertising copy undet lhis contrsct. Advatiscr and Ageney ead~ agree rodefend, ksdemn~,mnd save Adams Advettising, Xnc. hnnk~fism any and all danands arising out of ~he ~, e,nisnls and subject mett~ of my eoW displayed purerant t~ ~ order. TI~ oraet s~all nmew itself for one (1} year unless ~j~ w a five ~t (5 ~ ) ~ Adva ~ a~ a ~ a~ ~ ~ of ~ ~ by ~v~ wi~ ~a at of ~ A&a, ~t by A~ w~l ~ ~o ~~ ~y ~ ~ u~ ~ly ~ Advatisa 0 Town M~~oc. Agcaicy: By: - Compan~ Old Town Merchont~ A~oc. Allenl~eu Add~ 30291 Via Brisa TcTq~No.: (909) 699-3550 G~Sb2~p: Temecula, ~ 92592 Fu No.: (~ ~8-~1~ ITEM 4 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Temecula Redevelopment Agency Gary Thornhill, Community Development Director~'' September 12, 1995 Design of a Western Style Logo for Old Town PREPARED BY: Craig D. Ruiz, Assistant Planner RECOMMENDATION: It is requested that the Redevelopment Agency do the following: (1) Provide Staff Direction on a Process to Select a Design of a Western Style Logo for Old Town; and (2) Appoint Two City Councilmembers to the Logo Selection Committee; and (3) Authorize and Appropriate $1,500 from the Redev~lopment Fund Balance for the Western Style Logo for Old Town BACKGROUND: The Old Town Specific Plan (OTSP) states that the City should adopt a logo for Old Town. The logo is intended to help create an easily recognized and distinctive town image. The logo will be used on various streetscape elements, such as the gateway sign, street. signs, and intersection paving, as well as merchandising and advertising. As outlined in the OTSP, staff is recommending that a Request for Proposal (RFP) be issued to graphic design firms to prepare the logo. However, when this item was presented to the Temecula Redevelopment Advisory Board, it was the Board's recommendation that a design competition be held for the logo design. The Board believes that this process would better involve the public. Staff believes that the RFP process will provide the selection committee with the maximum number of design alternatives. To address the Board's concerns, staff recommends in addition to the RFP, advertising the process in the local newspaper to solicit citizen participation as well as design firms. Therefore, staff is seeking direction as to which process to pursue. Staff is also recommending that the Agency establish a Logo Selection Committee comprised of two City Councilmembers and one person each from the Old Town Temecula Mainstreet Association, Old Town Local Review, Temecula Town Association, Temecula Valley Museum, and City Staff. The role of the selection committee will vary depending on the selection process. With the RFP process, the committee will select the design firm and the logo itself. R:\RX.FI2~"~'~~OGO.CC 8/31/9~ cdr 1 With the design contest, committee involvement will be limited to selecting a logo. FISCAL IMPACT: No money has been appropriated for the logo design, To spend funds on this project in this fiscal year, it is necessary to appropriate $1,500 from the RDA Fund Balance. Also, a new line item will need to be established in the Redevelopment Agency's budget. R:\RUIZC~STAFFRPT~LOGO.CC $/31/95 cdr 2 ITEM 5 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Redevelopment Agency ,__.~rl~ Gary Thornhill, Community Development Director September 12, 1995 Planning and Building Fee Reimbursement PREPARED BY: Craig D. Ruiz, Assistant Planner RECOMMENDATION: It is requested that the Redevelopment Agency do the following: (1) Appropriate $30,000 from the Redevelopment Fund Balance for Planning and Building Fee Reimbursement for Structures on the Old Town Local Historic Register and Participants in the Facade Improvement Rebate and Non- Conforming Sign Removal Programs. BACKGROUND: The Old Town Specific Plan (OTSP) was approved in February 1994. Protecting the cultural heritage and historical architectural resources found in Old Town is part of the overall goal for the re-vitalization of Old Town. To achieve this goal, the OTSP provides incentives to building owners to maintain, preserve, and improve their properties. One of the incentives granted eligible property owners is the waiver of building permit and planning application fees. Eligible properties would include those properties placed on the Old Town Local Historic Register and structures participating in the Facade Improvement Rebate and Non-Conforming sign removal programs. The appropration of Redevelopment Agency funds is necessary to repay the General Fund for the lost application fees. FISCAL IMPACT: No money has been appropriated for the reimbursement incentive. To spend funds on these activities in this fiscal year, it is necessary to appropriate $30,000 from the RDA Fund Balance. A new line item will need to be established in the Redevelopment Agency's budget. R:\STAFFRIrF~.F_.I1M~URS.RA 915/95 klb ITEM 6 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT Executive Director/Redevelopment Agency Members Mary Jane McLarney, Assistant City Manager September 12, 1995 Approval of City of Temecula Marketing Plan RECOMMENDATION: That the City Council: 1 ) Approve the City's Marketing Plan; 2) Authorize the City Manager and City Attorney to draft and execute a contract with Zanville Associates for tourism marketing services and, 3) Appropriate $24,450 from RDA fund balance to Economic Development and .. $13,500 to RDA salaries. BACKGROUND: Based on the discussions of the City Council during the Economic Development workshop staff was instructed to move forward with a request for proposal for marketing materials and public relations services. A panel of three Economic Development professionals and City staff listed below conducted interviews of qualified marketing and public relations firms. Mary Jane McLarney, Assistant City Manager Grant Yates, Human Resources Administrator Janet Rock, Main Street Program Director Brian Collins, President, IEEP Dennis Frank, Executive Director, EDC; Agenda.P, pt~!lapl.Rpt The panel made a unanimous recommendation of hiring CSP (Zanville Associates). Subsequent to the recommendation a marketing team was assembled consisting of: Mary Jane McLarney, Assistant City Manager Grant Yates, Human Resources Administrator Janet Rock, Main Street Director Dennis Frank, Executive Director, EDC Alice Sullivan, Executive Director, Chamber of Commerce The marketing team worked with CSP and developed the attached plan, which includes a business development and tourism component. The goals and objectives of the plan are included in the document. The plan also indicated the lead team member to accomplish the task and the associated cost. It is important to note that the plan is a targeted approach to marketing the City, concentrating on the high technology and bio-medical industries for economic development. Based upon the team's input, we determined that Temecula has a unique position in the area of tourism to use local tourist attractions, such as golf and winery tours, to attract business executives to Temecula. Using outreach efforts contained in the plan we are seeking to expand the tourism visit from a day trip to an overnight visit and provide City business development materials to travelers. During contract negotiations with CSP, the team decided to change course and is recommending a hybrid approach to accomplish the objectives of the plan. Zanville has extensive experience in the field of public relations for tourism and the marketing team is recommending the approval of a contract in the amount of $28,000for these services for one year. However, for business development, the team is recommi~nding that the City hire a project employee to carry out this portion of the plan. The associated salaries and benefits would be $18,000 per year ($13,500 for the remainder of FY 1996). This position would coordinate the tasks listed in the program and insure that the efforts of the marketing team members are properly coordinated to avoid duplication of effort and cost. FISCAL IMPACT: The FY 1996 budget includes $50,000 for City marketing. When the budget was prepared, we did not anticipate the tourism component of the program. Therefore, in order to carry out the attached plan, it is necessary to appropriate an additional $37,950. We anticipate that we will be able to obtain sponsorships to partially offset the cost of this program. ATTACHMENT: Marketing Plan Consulting Agreement Ag~n~a.Rpt~tpl .Rpt PROFESSIONAL SERVICES AGREEMENT This Agreement was made and entered into and shall be effective as of this 12th day of September, 1995, by and between the City of Temecula ("City"), a municipal corporation, and Zanville Associates {"Consultant"). The parties hereto mutually agree as follows: Services. Consultant shall perform the tasks set forth in Exhibit "A" attached her·to. Consultant shall complete the tasks according to the schedule set forth in Exhibit "A". e Performance. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described her·in. Term. The Agreement shall commence on September 12, 1995, and shall remain and continue in effect until tasks described her·in are completed, but in no event later than June 30, 1996 unless sooner terminated pursuant to this agreement· Payment. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit "B" attached her·to, based upon actual time spent on the above tasks. This amount will not exceed $ 28,000 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 ten percent (10%) of the Agreement; but in no event more than $10,000.00. 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. 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, 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 Consultant at least three (3) days prior to the termination date. In the event of termination, Consultant shall be paid for the services performed. - 1 - pw01 ~,agrnts%master~,05 012292 Indemnification. The Consultant agrees to defend, protect, 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. Liability Insurance. The Consultant shall maintain insurance acceptable to the City in full force an 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 Consultant, 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 Consultant 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 From 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 I "any auto" and Endorsement CA-0025. Workers' Compensation Insurance as required by Labor Code of the State of California and Employer's Liability Insurance. 4. Errors and Omissions Insurance. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: : General Liability: $1,000,000combined single limit per occurrence for bodily injury and property damage. Automobile Liability: $1,000,000combined single limit per accident for bodily injury and property damage. e Worker's 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. -2- pwO1%egmte~Tmster%05 012292 Deductibles and Self-Insured Rententions. Any deductible in excess of $1,000 must be declared to and approved by the City. Other Insurance Provisions. Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: as 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 coveraQe. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant, or automobiles owned, lease, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officer, officials, employees or volunteers. With regard to claims arising from the Consultant's performance of the work described in this contract, the Consultant's insurance coverage shall be primary insurance as respects the City, its officer, 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 Comoensation and Emolover's 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 Consultant for the City. Verification of Coverage. Contractor shall furnish the City with certificates of insurance effecting 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. -3- pwOl~agrnts~nester%05 012292 10. 11. 12. 13. Consultant shall include all subconsultants as insureds under its plies or shall furnish separate certificates for each subcontractor. All coverage 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 officer, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 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 Consultam 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 Consultam for injury or sickness arising out of performing services hereunder. Term. This Agreement shall commence on ,19 , and shall remain and continue in effect until tasks described herein are completed, but in no event later than ,19 . Subcontracts. The Consultam 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, Zanville and Associates shall be primarily responsible for the performance of the tasks described herein. Consultant shall provide City with fourteen (14) days' notice prior to the departure of from Consultant's employ. Upon such notice, the City shall have the option to immediately terminate this Agreement. Upon termination of this Agreement, Consultant's sole compensation shall be for the value of service rendered to the City. 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, Consultant shall be paid for the services performed. 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 Consultam 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. -4- pwOl~gmteVnaste~05 012292 14. 15. 16. 17. 18. Disoute Resolution. 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, etse~. 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: a. City: Attention: City Manager City of Temecula 43174 Business Park Drive Temecula, CA 92590 b. Consultant: Zanville & Associates 12240 Ventura Boulevard, Suite 104 Studio City, CA 91604 The notices shall be deemed to have been given as of the date of personal service, or three (3) calendar days after the date of deposit of the same in the custody of the United States Postal Service. Entire AQreement. 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. Workers Comoensation Insurance, 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 to the City's workers' compensation policy and the Consultant shall reimburse the City for the cost of said insurance premiums. Licenses. Consultant and subconsultant shall obtain all necessary licenses, including but not limited to, City Business Licenses. -5- pwO1%agmte~qaster%05 012292 In witness whereof the, parties hereto have executed this Agreement on the date and year above written. CONSULTANT TEMECULA REDEVELOPMENT AGENCY By: By Print Name and Title Ronald J. Parks, Chairperson APPROVED AS TO FORM: Peter Thorson, City Attorney ATTEST: June S. Greek, Secretary -6- pw01 ~egmts~naster~05 012292 EXHIBIT "A" TASKS TO BE PERFORMED EXHIBIT "A" pwo 1%egmte~rnaeter%05 012292 EXHIBIT "B" PAYMENT SCHEDULE EXHIBIT 'B" pw01\agrnts%rnaster%05 012292 CITY OF TEMECULA MARKETING PLAN 1995-96 1989 The City of Temecula p:Xaeerk~irkt~rm.mjm 43174 Business Park Drive, Temecula, CA 92590 TABLE OF CONTENTS Situational Analysis Target Audiences Goals and Objectives Economic Development Marketing Campaign Outreach Materials Selected Industry Outreach Regional Business Outreach Real Estate Outreach Selected Advertising Community Relations Economic Conference Support Marketing Counsel and Meetings Tourism Marketing Campaign Outreach Materials Media Materials Travel Industry Outreach Marketing Workshops Integrated Marketing Tactics Sponsored Items Budget Slimmary 5 6 6 7 8 9 9 10 11 11 14 14 15 15 1 2 4 5 11 16 SITUATIONAL ANALYSIS The City of Temecula has quietly emerged as one of the fastest growing regions in Southern California. With its low land cost, available and well-educated work force, ideal weather, access to major highways, affordable housing and scenic location, Temecula offers business owners and tourists alike what they are looking for in a business location or tourist destination. Temecula is not alone, however. Most cities in Southern California are aggressively seeking to attract new businesses to their regions, and some are fortunate enough to be able to position themselves as tourist destinations. Few cities, however, are able to combine the economic development benefits and tourism features offered by Temecula. And even fewer have government and business leaders with the foresight and courage to commit the time, energy and finances needed to effectively compete for new businesses and visitors. Temecula finds itself with a unique opportunity to leap ahead of other cities in Southern California and bring carefully targeted visitors and businesses to the area. This can be primarily attributed to the government and business leaders who possess the foresight and courage to commit the time, energy and finances needed to compete with the stiff competition from communities having successful development programs already in place. No region of the country has greater competition for tourist dollars than Southern California. Therefore, it is imperative that Temecula seize the window of opportunity now available for moving forward with a targeted, cost-effective campaign to attract select businesses and visitors to the city. This proposed program suggests a synergistic marketing approach to economic and tourism development. TARGET AUDIENCES Economic Development A. · Specific Clean Industries Semiconductor Bio-Medical Warehouse/Distribution Real Estate Industry Business relocation consultants specialists -. California commercial brokers Lenders and f'mancial community Business Owners and Decision Makers Throughout California and the West Emphasis on Southern California (Orange County, Los Angeles County) Business Executives and Decision-Makers Who Visit Temecula Overnight visitors Golf course patrons Temecula Residents and Businesses 2 (Target Audiences continued) Tourism A. Adults (ages 25-55) Middle to upper income Singles and couples Within driving distance B. Vacationers (Couples and Families) Vacationers planning a trip to Southern California '- Vacationers already in San Diego or Orange County C. Select Affinity Groups Tour groups Motor coach tours Convention groups (spouse activities) D. Young Adults (ages 18-25) Active recreation seekers Potential patrons of Temecuh dining and entertainment establishments E. Active Mature Adults (ages 55 +) Middle to upper income San Diego and Orange County Couples and groups GOALS AND OBJECTIVES Increase the Number of Businesses Locatinl, in Temecula A. B. C. Position the City as an ideal location for businesses Position Temecula as "business friendly" Communicate the many business success stories in Temecula, a City poised for even greater success Increase the Number of Tourists Visitint, Temecula A. Increase number of weekday overnight visitors B. Increase number of weekend and weekday non-overnight visitors C. Increase number of weekend overnight visitors D. Create awareness and trial of Temecula among target audiences E. Develop response program to consumer inquiries about Temecula Provide Umbrella Communication Services to the City of Temecula A. Coordinate communication efforts of various Temecula entities (i.e. EDC, Chamber, Vintner's Association, OTTMA, etc.), to communicate a single,: consistent message Develop synergy between the various groups Ensure that all communication programs present a single, unified message Provide general communication advice and counsel to the City of Temecula as required ECONOMIC DEVELOPMY~NT MARKETING CAMPAIGN I. Outreach Materials There is a need for consistent, cost-effective outreach materials that can be used for a number of different City concerns. These concerns include Business Outreach (EDC and Chamber), Tourism Outreach (OTTMA and Chamber), and Media Outreach. A. All-Encompassing Logo and Slogan Find local designer to handle all design functions Bring together working committee to establish design requirements Assist designer with creative ideas Expenses: $1',500 Lead Organization(s): Fx}C/City B. Materials Folder/Kit 2. 3. 4. 5. Work with committee on design requirements Assist designer with creative ideas Write folder/kit copy Find Inland Empire lowest bid printer Print initial quantity of 2,000 Expenses: $4,000 Lead Organization(s): EDC, City and Sponsorships C. City of Temeeula Fact Book Determine materials to be enclo.~:! Write additional copy not furnished Print Fact Book covers; copy/print interior pages (2,000) Expenses: $2,000 Lead Organization(s): EDC/City D. City of Temecula Business Brochure Write brochure copy Assist designer with creative ideas Expenses: $1,000 Lead Organization(s): EDC/City 5 Selected Industry Outreach City and EDC staff have agreed on the following industries to target: Semiconductors, Bio--Medical, and Warehouse-Distribution. These successful "clean" industries have an established presence within the City and have the greatest potential to grow. A. Review EDC Research on Individual Temecula Companies 1. Create "case-study" database Expenses: '0- Lead Organization(s): EDC and Chamber B. Research Specific Industry Communication Tactics 1. Investigate/join Associations 2. Compile industry trade media list Expenses: '0- Lead Organization(s): EDC/City C. Develop and Implement Tactics for Each Industry 1. Media outreach, association outreach and trade show presence Expenses: '0- Lead Organization(s): El)C/City Re~,ional Business Media Outreach Through opportunities created by Tourism and successful FJ3C efforts, there will be opportunities to bring the story of Temecula to business owners through the general business press. A. Press Materials 1. Write background release, fact sheet, EDC release 2. Determine "City approved" media materials Expenses: '0- Lead Organization(s): Contract out with EDC, Chamber and OTTMA input 6 (Business Media Outreach continued) B. Establish Working News Bureau Respond to media inquiries and requests for information React to editorial placement opportunities such as Special Supplements in regional Business Journals Establish and maintain database of influential business media Announce EDC business news in regional press Announce area research and data to media via Temecula Fast Fax Publicize individual company success stories to general media in region (four per year) Expenses: -O- Lead Organization(s): Contract out with EDC, Chamber and OTTMA input IV. Real Estate Outreach A key audience for the City's business development efforts are commercial brokers, business relocation consultants and builders. These key publics assist business decision- makers with relocation needs and should have a strong and favorable opinion of the City of Temecula. A. Outreach to Commercial Brokers, Builders and Lenders Establish media database Develop real estate specific press materials and communicate to audiences through media (two mailings) Work through Larry Kosmont, rl:]::.p and other entities to gather data and promote the City Develop list of influential brokers for EDC database Expenses: $1,000 Lead Organization(s): EDC/City B. Outreach to Business Relocation Consultants 2. 3. 4. Obtain list from mF.p and add to EDC database Establish protocol for City visits by specialists Write editorial for trade magazines (two mailings) Consider selected advertising Expenses: --O- Lead Organization(s): EDC/City 7 (Real Estate C. Outreach continued) Real Estate Audience Newsletter Receive news and information about new sites, land availability and costs in and around Temecula Work with local designer to create 2 - 4 page newsletter Distribute to real estate database quarterly Expenses: $2,000 Lead Organization(s): EDC/City Selected Advertising, This campaign will not pursue a wide demographic advertising effort. approach will earn the most cost-effective results. A "rifle shot" A. Develop Print Ads Work with designer to develop one general black and white advertisement Work with designer to draft up to two (2) industry-specific ads Expenses: $2,500 Lead Organization(s): Contract out with EDC, Chamber and OTrMA input B. Identify Advertising Venues and Buy Media Place ads in up to four (4) relocation business supplements in San Diego, Orange and Los Angeles County Business Journals Place in up to three (3) ads in one (1) specific industry trade magazine Place in up to three (3) ads .in one relocation magazine Expenses: $20,000 Lead Organization(s): Contract out with EDC, Chamber and OTTMA input Community Relations In order to stay "business friendly", the economic development programs of the City as well as this marketing campaign, must be communicated clearly and positively to the businesses and citizens of Temeeula. Their acceptance and buy-in will make both internal and extemai efforts easier to implement successfully 8 (Community Relations continued) A. Schedule City Speaking Opportunities Develop briefing presentation on Importance of Economic Development, Tourism Outreach and Marketing. Campaign Schedule presentations to Temecula/Murrieta Group, Chamber of Commerce, Rotary Club, OTrMA or other important groups Attend each presentation Expenses: '0- Lead Organization(s): Contract out with EDC, Chamber and OTTMA input Schedule Media Roundtables with Press Enterprise, Rancho News, KRTM-FlVl and the Californian ~ Expenses: '0- Lead Organization(s): Contract out with EDC, Chamber and OTTMA input VII. Economic Conference Support The 1996 Temecula Valley Economic Conference will be an important opportunity to reach out directly to businesses which might relocate to Temecula. The seminar will also provide an opportunity to generate substantial media awareness of our efforts. A. Support '96 Regional Economic Conference Write message points for Temecula speaker(s) Train speaker(s) Heavily publicize event, with particular focus on Orange and San Diego: County markets Coordinate VIP invitations and direct mail effort Assist organizer with logistics Expenses: $2,500 Lead Organization(s): Contract out with EDC, Chamber and O77MA input VIII. Marketiw, Counsel and Meetings (Includes Tourism) In order to obtain up-to-date information from various economic development entities, monthly meetings will be scheduled with key tourism and business development representatives (i.e. EDC, Chamber and 0TElVIA). (Marketing Counsel and Meetings continued) A. Attend Monthly Tourism and Economic Development Meetings Temecula Tourism Task Force EDC meetings Activity updates Expenses: '0- Lead Organization(s): Contract out with El)C, Chamber and OTTMA input B. Ongoing Marketing Advice and Counsel Expenses: -O- Lead Organization(s): ConWact out with El)C, Chamber and OTrMA input C. Project Employee Fees: $13,500 Expenses: '0- Lead Organization(s): City 10 TOURISM MARKETING CAMPAIGN Outreach Materials Material needs to be developed for distribution to media. This includes a press kit and generic copy for banner advertorials. A. Press Kit 1. Research and write fact sheet, press releases, direction maps, trivia quizzes and photo captions 2. Secure and duplicate photos; maps 3. Assemble 500 kits background features, Fees: -O- Expenses: '0- Lead Organization(s): Chamber with Tourism subcommittee and OTTMA input. B. Banner Ad Editorial Write continuing copy for Temecula banner ads. Fees: $1,000 Expenses: -O- Lead Organization(s): Contract out Media Relations Extensive media relations will be an important outreach to achieve our goals of generating overnight visits and development attendance for all Temecula events. '- Mailings and direct contact with regional consumer and travel media are included. A. Develop and Maintain Media Lists 1. Identify target media 2. Make direct contact 3. Maintain and update lists on an ongoing basis Fees: $1,000 Expenses: '0- Lead Organization(s): Contract out B. Monthly Event Publicity 1. Research and write monthly event release, spotlighting one specific event 2. Research and write monthly calendar of events 11 (Media Relations continued) 3. Distribute and follow-up with appropriate media Fees: $8,000 Expenses: $1,800 Lead Organization(s): Contract out C. Respond to Media Inquiries 1. Write and distribute letter to media to tell them of the number to call for information or materials 2. Follow-up with key media; respond as needed Fees: $2,000 Expenses: $600 Lead Organization(s): Contract out D. Travel Media Outreach 1. Develop list of 200 key regional and national travel publications and writers 2. Distribute press kit with pitch letter 3. Research topics (golf vacations, romantic getaways, etc.) 4. Write three (3) additional pitch letters and material and distribute Fees: $7,000 Expenses: $1,200 Lead Organization(s): Contract out E. Tourist Guidebook Outreach - These are guide books tourists use in planning their itineraries in Southern California. 1. Identify appropriate guide books including those issued by the State of California, Automobile Clubs and commercial publishers 2. Write and distribute copy about various Temecula features Fees: $2,000 Expenses: $150 Lead Organization(s): Contract out F. Tourism Industry Newsletter 1. Research and write four (4) page quarterly newsletter 2. Assist designer with creative ideas 12 (Media Relafions-Tourism Industry Letter continued) 3. Develop industry database; mail quarterly Fees: $3,000 Expenses: $2,000 Lead Organization(s): Contract out with EDC, Chamber and OTTMA input and Sponsorships Long-lead Event Calendar Research upcoming events Work with designer to create attractive calendar format Mail 200 every six (6) months to long-lead consumer and tourism trade media Fees: $1,500 Expenses: $500 Lead Organization(s): Contract out with El)C, Chamber and OTrMA input Media Familiarization Tours Fees: $1,500 Expenses: $200 Lead Organization(s): Contract out with Chamber and OTTMA input Cable/Public Access Fees: '0- Expenses: '0- Lead Organization(s): Contract out with City assistance Visitors Guide 1. Tourism Image Piece/Brochure as Work with committee on design elements Assist designer with creative ideas Write brochure copy Fees: '0- Expenses: '0- Lead Organization(s): Contract out with EDC, Chamber and OTTMA input 13 II. Travel Industry Outreach A limited outreach will be conducted to the travel industry, primarily focusing on three industry segments: convention and meeting planners, travel agents and tour and motor coach operations. Efforts will be made to partner with San Diego and Orange County entities when possible. A. .Industry Mailings Identify lists of specific industry individuals and media Prepare material and distribute Follow-up (coordinated with Temecula properties) Fees: $500 Expenses: $1,000 Lead Organization(s): Contract out with EDC, Chamber and OTTMA input B. Trade Show Participation Mentify two (2) tourism trade shows to participate in Coordinate City involvement and logistics Fees: -O- Expenses: $1,000 Lead Organization(s): Chamber and OTIIVIA Marketint, Workshops These workshops will consist of two (2) public relations and advertising workshops for Temecula small businesses and merchants to use in furthering their individual marketing efforts. City of Temecula Marketing' Workshops 1. Small Business Development Coordinate subject matter with Chamber and OTTMA Develop overheads and handouts for group Lead interactive workshop Fees: '0- Expenses: -O- Lead Organization(s): EDC, Chamber and OTTMA 14 Inte~ated Marketin~ Tactics Whenever possible, the opportunity to reach business decision-makers who are visiting Temecula as tourists will be taken. A. Produce table tents with economic development message points for Temecula restaurants B. Produce economic development information handout to be given to out-of-town patrons at area golf courses C. Distribute small business brochure to Temecula Valley hotel patrons D. Tag tourism advertisements with economic development messages E. Establish EDC information booth at all Temecula special events Fees: -O- Expenses: $1,000 Lead Organization(s): Sponsored Items A. Contract out with EDC, Chamber and OTTMA input Tourism Site on World Wide Web Write material Add to existing site Work with Web site provider Fees: $500 Expenses: $500 Lead Organization(s): Contract out with EDC, Chamber and OTTMA input 15 BUDGET SUMMARY Tactic Economic Development: Outreach Materials 1-A Logo 1 -B Materials Folder/Kit 1-C Fact Book 1-D Business Brochure Selected Industry Outreach Regional Business Media Outreach 3-A Press Materials 3-B Working News Bureau Real Estate Outreach 4-A,B Outreach 4-C Newsletter Selected Advertising Community Relations Economic Conference Support Marketing Counsel Project Employee Tourism Outreach Materials 1-A Press Kit 1-B Banner Ad Media Relations 2-A Media Lists 2-B Monthly Publicity 2-C Media Response 2-D Travel Media Outreach 2-E Tourist Guidebook 2-F Newsletter 2-H Event Calendar 2-1 Tours 2-J Cable/Public Access Fees $13,500 $1,000 $8,000 $2,000 $7,000 $2,000 $3,000 $1,500 $1,500 -0- $1,500 $4,000 $2,000 $1,000 $1,000 $2,000 $22,500 $2,500 -0- -0- $1,800 $600 $1,200 $150 $2,000 $500 $200 -0- 16 (Budget Snmmary continued) Tactic 2-K Visitors Guide ('96 project) Travel Outreach 3-A Mailings 3-B Trade Show Participation Marketing Workshops Marketing Tactics Other Sponsored Items TOTALS Fees $5OO -0- -0- -0- $5OO $41,500 $1,000 $1,000 -0- $1,000 $5OO $46,450 17 JOINT CITY COUNCIL/REDEVELOPMENT MEETING ITEM 7 APPROVAL CITY ATTORNE'~ FINANCE OFFIC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/Redevelopment Agency City Manager/Executive Director Ronald E. 'Bradley September 12, 1995 Formation of Two Joint Exercise of Powers Authorities with the Redevelopment Agency of the City of Temecula RECOMMENDATION: 1. That the City Council adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF TWO JOINT EXERCISE OF POWERS AUTHORITIES WITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA " That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF TWO JOINT EXERCISE OF POWERS AUTHORITIES WITH THE CITY OF TEMECULA That the City Council authorize the execution of a Deposit/Reimbursement Agreement by and between the City of Temecula on behalf of the Old Town/Westside Community Facilities District Financing Authority/Community Facilities District No. 1, and T.Z.B.G. for the reimbursement of costs in connection with the issuance of bonds. P:~lOttOId~btJffrev2 1 BACKGROUND: On August 31, 1995, the City and Redevelopment Agency of the City of Temecula approved and entered into an Owner Participation Agreement with T.Z.B.G., Inc. ("T.Z.B.G.") which contemplated the construction of various public improvements in the Old Town area of the City and the construction of the Western Bypass Corridor. The Owner Participation Agreement provides for the financing of some of the Old Town area public improvements, at the election of T.Z.B.G., by means of a community facilities district, and the financing of the Western Bypass by means of an assessment district. T.Z.B.G. has requested that a community facilities district be formed to finance the specified improvements in the Old Town area, and has agreed to pay all City out of pocket expenses in connection with such financing. In addition, T.Z.B.G. has requested that actions be taken to assure that the Western Bypass improvements will be funded, pending completion of the necessary assessment financing proceedings. City staff, with the advise of the City's consultants, have recommended that various actions be taken in order to assure completion of the improvements and financings referenced in the Owner Participation Agreement. FINANCING STRUCTURE: Jones Hall Hill & White, the City's Bond Counsel for the financings, has recommended that the City and the Agency form two new joint exercise powers authorities in order to conduct the proceedings necessary to complete the financings. Under California law, a joint exercise of powers authority is a separate legal entity from the public agencies that create it, and its debt and liabilities are not those of the public agencies that create it. It is proposed that the City and the Redevelopment Agency form the Old Town/Westside Improvement Authority (the "Improvement Authority"), which would sell tax-exempt bonds to the public in an amount sufficient to finance both the Old Town improvements to be completed by T.Z.B.G., as referenced in the Owner Participation Agreement, and the Western Bypass improvements. The bonds would be sold only when it is assured that T.Z.B.G. will have available all monies necessary to complete the Entertainment Facilities contemplated by the Owner Participation Agreement. In this manner, the City and T.Z.B.G. will both be assured that the entire project and all necessary public infrastructure improvements will be funded, and" construction of the Entertainment Facilities and necessary infrastructure improvements can commence as necessary to ensure timely completion of the entire project. Because the Improvement Authority will be a separate legal entity from the City and the Redevelopment Agency, no funds or assets of the City or the Redevelopment Agency will be liable for the repayment of any bonds issued by the Improvement Authority. Rather, the bonds will be secured solely by real estate owned by T.Z.B.G. and all debt services will be the responsibility of T.Z.B.G. The joint exercise of powers agreement that creates the Improvement Authority provides that the City Council members will act as the Board of Directors of the Improvement Authority, so that they can control all aspects of any bond issues by the Improvement Authority. The proposed financing structure includes the formation of a second joint exercise of powers authority by the City and the Redevelopment Agency, designated the Old Town/Westside Community Facilities District Financing Authority (the "CFD Financing Authority"). The CFD Financing Authority will also be a separate legal entity from the City and Redevelopment P:~T~ortorli~uffrev2 2 Agency, and they will have no liability for its debts or obligations. The City Council will act as the Board of Directors of the CFD Financing Authority. The CFD Financing Authority will form two separate community facilities districts, one for the financing of the Old Town area public improvements to be completed by T.Z.B.G., as referenced in the Owner Participation Agreement, and the other to assure that the Western Bypass improvements will be completed in the event that the City assessment district referenced in the Owner Participation Agreement cannot, for any reason, be completed. The two community facilities districts, when ultimately formed by the CFD Financing Authority, will only encompass property to be owned by T.ZoB.G. Thus, any bonds issued by the authority will be secured solely by T.Z.B.G. property and debt service is T.Z.B.G.'s sole responsibility. It is expected that the proceeds of the sale of the Improvement Authority's bonds will be used to purchase bonds issued by the CFD Financing Authority for the Old Town Community Facilities District, and, when completed, the assessment district bonds to be issued by the City for the Western Bypass improvements. The principal and interest payable on those two bond issues will provide the funds necessary to pay the principal and interest on the Improvement Authority's bonds. If for any reason the assessment bonds are not issued by the City as expected, the corresponding portion of the proceeds of the Improvement Authority's bonds will instead be used to purchase the CFD Financing Authority's bonds issued for the Western Bypass improvements. Thus, if the City assessment bonds are issued and purchased, as expected, the CFD Financing Authority's Western Bypass community facilities district will not be needed and will be dissolved. If, however, the assessment bonds are not ultimately issued by the City, the Western Bypass community facilities district bonds will be issued by the CFD Financing Authority and purchased by the Improvement Authority. The proposed financing structure will assure that even if the City's proposed assessment district is not completed at the time the entertainment facilities are financed, the Western Bypass improvements will be funded at the time that the money is raised (i) by the Improvement Authority to complete the Old Town area public improvements, and (ii) by T.Z.B.G. to complete the Entertainment Facilities. In addition, the proposed financing structure" will ensure that neither the City nor the Redevelopment Agency is ever responsible for the repayment of the debt issued to finance the Old Town area public improvements to be completed by T.Z.B.G. Finally, only properties owned by T.Z.B.G. will be taxed to pay for such Old Town area improvements, and only properties owned by T.Z.B.G. will be taxed or assessed to pay for these improvements. SPECIFIC ACTIONS: In order to begin the process to implement the financing structure described above, the following actions must occur: The City and the Redevelopment Agency each must consider the adoption of a resolution authorizing them to enter into joint exercise of powers agreements to create the Old TownANestside Improvement Authority and the Old Town/Westside Community Facilities District Financing Authority. P:~nortonl~,v,v2 3 Following the adoption of their respective resolutions, the appropriate officers of the City and the Redevelopmerit Agency must execute the two joint exercise of powers agreements. The City will then authorize the execution of a Deposit/Reimbursement Agreement between the City and T.Z.B.G. providing for reimbursement of all costs in connection with issuance of bonds by the Old TownANestside Community Facilities District Financing Authority. The Old Town/Westside Community Facilities District Financing Authority will then consider adoption of a resolution adopting local goals and policies for Mello-Roos districts. Under applicable State law, a new community facilities district cannot be formed unless the entity which fo~ms it has first adopted local goals and policies which satisfy certain requirements of law. The suggested local goals and policies only pertain to the specific financings contemplated by the Owner Participation Agreement, and would not apply to any community facilities district that may be created in the future by the City. The Old Town/Westside Community Facilities District Financing Authority must then consider adoption of two resolutions of intention relative to the Old Town area public improvements, and two resolutions of intention relative to the Western Bypass improvements. These resolutions call for public hearings on October 17 on the formation of the respective community facilities districts and the issuance of bonds for the districts, and otherwise set forth a description of the improvements to be financed, the method by which special taxes will be levied to repay the debt incurred to complete the financing, the maximum principal amount of the debt, the employment (at the expense of T.Z.B.G.), of bond counsel and a special tax consultant to assist the City in forming the community facilities districts, and the approval of other matters related thereto. The boundary maps for the two proposed CFD's referenced in the resolutions contain all parcels that may be included in the CFD's, and will be revised on October 17 to include only parcels owned, optioned or otherwise controlled by" T.Z.B.G. No property owner other than T.Z.B.G. will be required to participate in either of the community facilities districts. FISCAL IMPACT: T.Z.B.G. has agreed to pay all out of pocket expenses incurred relative to the proposed financings. Costs of issuance of the proposed bond issues will be paid from the proceeds of the bonds to be issued by the joint exercise of powers authority. All annual costs of administering the bond issues will be paid by special taxes or assessments levied on the properties in the financing districts owned by T.Z.B.G. Neither the City nor the Redevelopment Agency will have any responsibility for the repayment of any bonds issued by the Old Town/Westside Improvement Authority or the Old TownANestside Community Facilities District Financing Authority. Attachments: Resolutions Joint Exercise of Powers Agreements Deposit/Reimbursement Agreement P:~lorlord%buffrev2 4 RESOLI.rl~ON NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING FORMATION OF TWO JOINT EXERCISE OF POWERS AUTHORITIES WITH THE I~EI'}EVI~J~)~ AGENCY OF THE CITY OF WIIEREAS, the Redevelopment Agency of the City of Temecula (the "Agency") and the City of Temecula (the "City") desire to assist in the provision of public capital improvements in the Old Town and the Westside areas of the City, as contemplated by the respective Specific Plans for such areas heretofore approved by separate ordinances of the City Council; WHEREAS, in connection with such assistance, the City and the Agency propose to form two distinct and separate joint exercise of powers authorities pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Ti~e 1 of the California Government Code, to exercise the powers of the City and the Agency, and to enable the use of financing techniques that may reduce local borrowing costs, and to otherwise promote the greater use of existing and new financial instruments and mechanisms, all in accordance with the financing of some of the improvements; and : WFFF~RE~, a form of joint exercise of powers agreement between the City and the Agency creating the Old Town/Westside Improvement Authority (the 'Old Town/Westside Joint Powers Agreement'), and form a joint exercise of powers ag/'eement between the City and the Agency creating the Old Town/Westside Community Facilities District Financing Authority (collectively, the "Joint Powers Agreements*), have been filed with the City Clerk, and the members of the City Council of the City, with the aid of City staff, have reviewed the Joint Powers Agreements. NOW, TIIEREFO RE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. Formation of Joint Powers Authorities. The City Council hereby authorizes the officers and staff members of the City to assist in the organization of two joint exercise of powers authorities between the City and the Agency, one to be known as the "Old Town/Westside Improvement Authority', and the other to be known as the "Old Town/Westside Community Facilities District Financing Authority*. The City Council hereby approves and authorizes the Mayor to execute and deliver and the City Clerk to attest the Joint Powers Agreements forming said joint exercise of powers authorities, in the respective forms on file with the City Clerk together with any changes therein deemed advisable by the City Attorney, the approval of such changes to be conclusively evidenced by the execution and delivery by the City of the Joint Powers Agreements. Resos 75 -1- Section 2. OfficiaJ Actions. The Mayor, City Manager, City Clerk and all other officers of the City, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the formation of said joint exercise of powers authorities, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desLrable and not inconsistent with the purposes of this resolution. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, at a regular meeting held on the 12th day of September, 1995. Jeffrey E. Stone, Mayor A~T: June S. Greek, CMC, City Clerk R.os 75 -2- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 95- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 12th day of September, 1995 by the following roll ~ vote: CO~CILMF-~ERS: NOES: CO~CH~MEMBERS: COUNCK,MEMBERS: June S. Greek, CMC, City Clerk RESOLITTION NO. RDA 95- A RESOLUTION OF THE REDEVEIX)PMENT AGENCY OF THE CITY OF TEMECULA AI, I'I'HOI~zING FORMATION OF TWO JOINT EXERCISE OF POWERS AUTHORITIF_S WITH THE CITY OF TEMECULA WHEREAS, the Redevelopment Agency of the City of Temecula (the "Agency") and the City of Temecula (the "City") desire to assist in the provision of public capital improvements in the Old Town and the Westside areas of the City, as contemphted by the respective Specific Plans for such areas heretofore approved by separate ordinances of the City Council; WHEREAS, in connection with such assistance, the Agency and the City propose to form two distinct and separate joint exercise of powers authorities pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Ti~e 1 of the California Government Code, to exercise the powers of the Agency and the City, and to enable the use of financing techniques that may reduce local borrowing costs, and to otherwise promote the grater use of existing and new financial instruments and mechanisms, all in connection with the financing of some of the improvements; and WHEREAS, a form of joint exercise of powers agreement between the Agency and the City crating the Old Town/Westside Improvement Authority, and form a joint exercise of powers agreement between the Agency and the City creating the Old Town/Westside Community Facilities District Financing Authority (collectively, the "Joint Powers Agreements"), have been ~ed with the Secretary of the Agency, and the members of the Governing Board of the Agency, with the aid of Agency staff, have reviewed the Joint Powers Agreements. NOW THEREFORE, BE IT RESOLVED, by the Governing Board of the Redevelopment Agency of the City of Temecula as follows: Section 1. Formation of Joint Powers Authorities. The Governing Board of the Agency hereby authorizes the officers and staff members of the Agency to assist in the organization of two joint exercise of powers authorities between the Agency and the City, one to be known as the "Old Town/Westside Improvement Authority", and the other to be known as the "Old Town/Westside Community Facilities District Financing Authority". The Governing Board of the Agency hereby approves and authorizes the Chairperson to execute and deliver and the Secretary to attest the Joint Powers Agreements forming said joint exercise of powers authorities, in the respective forms on file with the Secretary together with any changes therein deemed advisable by counsel to the Agency, the approval of such changes to be conclusively evidenced by the execution and delivery by the Agency of the Joint Powers Agreements. Rewsx,76 -1- Section 2. Official Actions. The Chairperson, Executive Director, Secretary and all other officers of the Agency, are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the formation of said joint exercise of powers authorities, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with 'the purposes of this resolution. PASS~r), APPROVED AND ADOPTED, by the Governing Board of the Redevelopment Agency of the City of Temecula at a regular meeting held on the 12th day of September, 1995. ~ Ronald J. Parks, Chairperson ATTEST: June S. Greek, Agency Secretary/City Clerk R=sosX76 -2- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CYFY OF TEMECULA) I, June S. Greek, City Clerk of the City of Tcmecula, HEREBY DO CERTIFY that the foregoing Resolution No. RDA 95--- was duly adopted at a regular meeting of the Governing Board of the Redevelopment Agency of the City of Temecula on the 12th day of September, 1995, by the following roll call vote: AGENCY MEMBERS: NOES: AGENCY MEMBERS: AGENCY MY~MBERS:: June S. Greek, CMC, Agency Secretary/ City Clerk R~o~\76 -3- OLD TOWN/WESTSIDE COMMUNITY FACnXrlES DISTRICT FINANCING AUTIIORITY _ JOINT ~CISE OF POWERS AGRE]~vIt~NT This Agreement (the *Joint Ex~ of Powers Agreement*), dated September 12, 1995, is by and between the City of Temecula, a munidpal corporation and public body, incorporated and politic duly organized and existing under the laws of the State of California (the "City"), and the Redevelopment Agency of the City of Temecula, a public body corporate and politic duly organized and existing under the laws of the State of California (the "Agency"). WITNESSETH: WHEREAS, agencies formed under Artides 14 (commencing with Section 6500) of Chapter 5, Division 7, Ti~e 1 of the Government Code of the State of California (the 'Act") are permitted to provide financing for any of their members or other local public agencies in the State of California in connection with the acquisition, construction and improvement of public capital improvements, working capital requirements or insurance programs of such members or other local agencies; and WI~REAS, the City and the Agency wish to form an agency under the Act for the purpose of establishing an entity which can assist in providing financing for public capital improvements in the Old Town Area and the Westside Area of the'City by means of the formation of community facilities districts, and for other purposes which are authorized under the Act. NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the City and the Agency do hereby agree as follows: ARTICLE I DEFINITIONS Section 1.01. Definitions. Unless the context otherwise requires, the words and terms defined in this Article shall, for the purpose hereof, have the meanings herein specified. 'Act' means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California. 'Agreement' means this Joint Exercise of Powers Agreement, as originally entered into or as amended from time to time. r:\cityatty\OTWJPA2 -1 - "Authority" means the Old Town/Westside Community Facilities District Financing Authority established pursuant to Section 2.02 of this Agreement. "Board" means the Board of Directon of the Old Town/Westside Community Facilities District Financing Authority referred to in Section 2.03. 'Bond Law* means the Marks-Roos Local Bond Pooling Act of 1985, being Article of the Act (commencing with Section 6584), as now in effect or hereafter amended, Article of the Act as now in effect or hereafter amended, or any other law available for use by the Authority in the authorization and issuance of bonds to provide for the financing of Public Improvements. 'Bonds' means bonds, notes or other obligations of the Authority issued pursuant to the Mello-Roos Law, the Bond Law or pursuant to any other provision of law which may be used by the Authority for the authorization and issuance of bonds, notes or other obligations. 'Directors' means the representatives of the City appointed to the Board pursuant to Section 2.03. 'Financing Authority' means any joint exercise of powers authority created under the Act pursuant to a joint exercise of powers agreement between the City and the Agency. .- "Fiscal Year' means the period from July 1 in any calendar year to and including June 30 in the succeeding calendar year. "MeHo-Roos Law' means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code. "Members' means the City and the Agency. "Obligations" has the meaning given to the ten "Bonds' in Section 6585(c) of the Bond Law. "Public Agency" means any public agency authorized by the Act to enter into a joint exercise of powers agreement with the City and the Agency. "Public Improvements" has the meaning given such term in Section 6585(g) of the Bond Law. "Secretary" means the Secretary of the Authority appointed pursuant to Section 3.01. "Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.02. r:\cityattyXOT1VJPA2 -2- GENERAL PROVISIONS Section 2.01. Purpose. This Agreement is made pursuant to the Act providing for the joint exercise of powen common to the City and the Agency, aud for other lmtlx)ses as permiRed under the Act, the Bond Law, the Mello-Roos Law and as agreed by one or more of the parties hereto. The primary purpose of this Agreement is to provide for the financing of Public Improvements in connection with the installation of public infrastructure improvements in the Old Town Area and the Westside Area of the City, through the acquisition or financing by the Authority of such Public Improvements by the Authority pursuant to the Mello-Roos Law. Section 2.02. Creation of Authority. Pursuant to the Act, there'is hereby created a public entity to be known as the 'Old Town/Westside Community Facilities District Financing Authority". The Authority shall be a public entity separate and apart from the City, the Agency and any Financing Authority, and shall administer this Agreement. Section 2.03. Board of Directors. The Authority shall be admini-~'u.-red by a Board of Directors consisting of five (5) Directors, unless and until such number is changed by amendment of this Agreement. The Directors of the Authority shall be comprised of the members of the City Council of the City. The Board shall be called the *Board of Directors of the Old Town/Westside Community Facilities District Financing Authority". All voting power of the Authority shall reside in the Board. Section 2.04. Meetings of the Board. (a) Regular Meetings. The Board shall provide for its regular meetings; provided, however, that at least one regular meeting shall be held each year. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be filed with the City and the Agency. Co) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. (c) Call, Notice and Conduct of Meetings. All meetings of the Board, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act of the Government Code of the State of California. Section 2.05. Actions Taken. The Secretary shall cause to be kept records, consistent with City policy, of all actions taken by the Board at all meetings of the Board and shall, as soon as possible after each meeting, make such records available for inspection by each Director and the Members. r:Xcityatty%OTWJPA2 -3- Section 2.06. v_.o. Iing. Each Direaor shall have one vote. Section 2.07. Duorum: Required Votes: Approvals. Directors holding a majority of the votes shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The affirmative votes of at least a majority of the Directors present at any meeting at which a quorum is present shall be required to take any action by the Board. Section 2.08. Bylaws. The Board may adopt, from time to _time, SUch bylaws, rules and regulations for the conduct of its meetings as the Board may deem necessary or advisable for the purposes hereof. OFFICERS AND EMPLOYEES Section 3.01. Chairman. Executive Director and Secretary. The Mayor of the City, the City Manager and the City Clerk are hereby designated as the Chairperson, Executive Director and Secretary, respectively, of the Authority. The officers shall perform the duties normal to said offices. The Chairperson or the Executive Director (or any other person authorized by resolution of the Board) shall sign conWacts on behalf of the Authority, and the Chairperson' shall perform such other duties as may be imposed by the Board. The Executive Director shall administer the day-to-day affairs of the Authority and shall execute the policies and directives of the Board. The Secretary shall countersign all contracts signed by the Chairperson or the Executive Director on behalf of the Authority (unless otherwise specified by resolution of the Board), perform such other duties as may be imposed by the Board and cause a notice of this Agreement to be filed with the Secretary of State pursuant to the Act. Section 3.02. Treasurer and Auditor. Pursuant to Section 6505.6 of the Act, the City Treasurer is hereby designated as the Treasurer of the Authority and the City Finance Director is hereby designated as the Auditor of the Authority. The Treasurer shall be the depositary, shall have custody of all of the accounts, funds and money of the Authority from whatever source, shall have the duties and obligations set forth in Sections 6505 and 6505.5 of the Act and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. As provided in Section 6505 and Section 6505.6 of the Act, the Auditor shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority, which audit may be combined with any audit of the accounts and records of the City, the Agency and/or any Financing Authority. Section 3.03. Officers in Charge of Records. Funds and Accounts. Pursuant to Section 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. r:\cityatty\OTWJPA2 Section 3.04. Bonding Persore Having Access to Authority Records. From time to time, the Board my designate persons, in addition to the Executive Director, the Secretary, the Treasurer and the Auditor, having charge of, handling or having access to any records, funds or accounts or any Public Improvement of the Authority, and the respective mounts of the official bonds of the Executive Director, the Secretary, the Treasurer and the Auditor and such other persons pursuant to Section 6505.1 of the Act. Section 3.05. 1 .egal Advisor. The City Attorney shall act as the legal advisor of the Authority, and shall perform such duties as may be prescribed by the Board. Section 3.06. Other Employees. The Board shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement. A.11 of the privileges and immunities from liability, exemption from laws, ordinances and rules, RLI pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents, or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or employees under this Agreement. :. None of the officers, agents, or employees direc~y employed by the Board shall be deemed, by reason of their employment by the Board to be employed by the City or the Agency or, by reason of their employment by the Board, to be subject to any of the requirements of the City or the Agency. Section 3.07. Assistant Officers. The Board may by resolution appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director), and may by resolution provide for the appointment of additional officers of the Authority who may :- or may not be Directors, as the Board shall from time to time deem appropriate. ARTICLE IV Section 4.01. General Powers. The Authority shall exercise the powers granted to it under the Act, including but not limited to the powers set forth in the Bond Law and the powers of each of the Members as may be necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.04. As provided in the Act, the Authority shall be a public entity separate from the City, the Agency and any Financing Authority. Section 4.02. Power to Issue Bonds. The Authority shall have all of the powers provided in the Act and in the Bond Law, including the power to issue Bonds thereunder. r:\ciWatty\O'TIVJPA2 -5- Section 4.03. Specific Powen. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following: (b) to employ agents or employees (c) to acquire, construct, manage, maintain or operate any Public Improvement, including the common power of the City and the Agency to acquire any Public Improvement by the power of eminent downln or any other lawtiff means; (d) to sue and bc sued in its own name; (e) to issue Bonds and otherwise to incur debts, liabilities or obligations; provided, however, that no such Bond, debt, liability or obligation shall constitute a debt, liability or obligation of the City, the Agency or any Financing Authority; (f) to apply for, accept, receive and disburse grants, loans and other assistance from any agency of the United States of Ameria or of the State of California; (g) to invest any money in the treasury pursuant to Section 6505.5 of the Act which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the Government Cede of the State of California; (h) to apply for letters of credit or other form of financial guarantees in .order to secure the repayment of Bonds and enter into agreements in connection therewith; (i) to carry out and enforce all the provisions of this Agreement; (j) to make and enter into agreements, assignments and documents of any nature whatsoever as may be necessary or convenient in the exercise of its powers hereunder or under the Act; (k) to purchase Obligations of or to make loans to the City, the Agency or any Financing Authority for the purposes hereof, or to refmance indebtedness inatrred by the City, the Agency or any Financing Authority in connection with any of the purposes hereof; and (1) to exercise any and all other powen as my be provided in the Act, the Mello-Roos Law or in the Bond Law. r:~,cityett~OTWJPA2 -6- Section 4.04. Restrictions on Exercise of Powers. The powen of the Authority shall be exercised in the manner provided in the Act, and, except for those powen set forth in the Bond Law, shall be subject ('m accordance with Section 6509 of the Act) to the restrictions upon the manner of exercising such powers that are imposed upon the City in the exercise of similar powen. Section 4.05. Obligations of Authori~. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City, the Agency or any Financing Authority. Section 4.06. Non-I .iabiliW for Obligations of Authority. No Member, Director, officer, agent or employee of the Authority shall be individually or personally liable for the payment of the principal of or premium or interest on any obligations of the Authority or be subject to any personal liability or accountability by reason of any obligalions of the Authority; but nothing herein contained shall relieve any such Member, Director, officer, agent or employee from the performance of any official duty provided by law or by the instruments authorizing the issuance of any obligations of the Authority. ARTXCL~ V CONTRIBUTIONS; ACCOUNTS AND REPORTS; FUNDS Section 5.01. Contributions. The Members may in the a~.~te circumstance when required hereunder: (a) make contributions from their U'easuries' for the purposes set forth herein, (b) make payments of public funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of other contributions or advances. The provisions of Government Code Section 6513 are hereby incorporated into this Agreement by reference. Section 5.02. Accounts and Reports. To the extent not covered by the duties assigned to a trustee chosen by the Authority, the Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respect to the proceeds of any Bonds issued by the Authority. The books and records of the Authority in the hands of a trustee or the Treasurer shah be open to inspection at all reasonable times by representatives of the Members. Within 180 days after the close of each Fiscal Year an annual report of all financial activities for such Fiscal Year shall be presented to the Members, to the extent such activities are not covered by the report of such trustee. The trustee appointed under any indenture or trust agreement shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said trust agreement. Said trustee may be given such duties in said indenture or trust agreement as may be desirable to carry out this Agreement. r:~cityaRy%O'rVVJPA2 -7- Section 5.03. Funds. Subject to the applicable provisions of any instrument or agreement which the Authority my enter into, which may provide for a trustee to receive, have _custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of and disburse Authority funds as nearly as possible in accordance with generally accepted accounting practices, and shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. Section 5.04. Annual Budeet and Administrative Expenses. The Board may adopt a budget for administrative expenses, which shall include all expenses not included in any financing issue of the Authority, on or about July 1st of each year. The estimated annual administrative expenses of the Authority shall be allocated in such budget by the Authority to the ~pective bond programs of the Authority, the Members and/or any Financing Authority in such proportion as the Executive Director shall determine. It is expected that all expenses of the Authority will be allocated to its respective bond programs, to be paid for by such programs. ARTICt.~ VI Section 6.01. T~n. This Agreement shall become effective, and the Authority shall come into existence, on the date of execution and delivery hereof, and this Agreement and the Authority shall thereafter continue in full force and effect for at least forty (40) years (unless earlier terminated by the Members and any then Associate Members), but in any event so long as either (a) any Bonds remaining outstanding or any material conWads to which the Authority is a party remain in effect, or (b) the Authority shall own any interest in any Public Improvements. Section 6.02. Disposition of Assets. Upon termination of this Agreement, all property of the Authority, both real and personal, shall be conveyed to the City. MISCF-LLANEOUS PROVISIONS Section 7.01. Notices. Notices hereunder shall be in writing and shall be sufficient if delivered to the notice address of each party hereto for legal notices or as otherwise provided by a party hereto in writing to each of the other parties herew. Section 7.02. Seaion Headings. All seaion headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the seaion referred to or to define or limit the scope of any provision of this Agreement. r:\cityatt~AOTWJPA2 -8- Section 7.03. Consent. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. Section 7.04. Law C,-overning. This Agreement is made in the State of California under the Constitution and laws of the State of California, and is to be so construed. Section 7.05. Amendments. This Agreement may be amended at any time, or from time to time, except as limited by contract with the owners of Bonds issued by the Authority or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement either as required in order to carry out any of the provisions of this Agreement or for any other purpose, including without limitation addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement. Section 7.06. Enforcement by AuthoriW. The Authority is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 7.07. Severability. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be ~egal or in conflict with any hw of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. Section 7.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the City or the Agency, respectively. Neither the City nor the Agency may assign any right or obligation hereunder without the written consent of the other. r:\cityatly~OTWJPA2 -9- IN WITNESS WHEREOF, the parties herew have caused e,i~ Agreement to be execu!ed_ and attested by their proper officers thereunto duly authorized and their official seals ~o be hereto affixed, on the day and year set opposite the name of each of the parties. CrrYOFTEMBCULA Date: September 12, 1995 Jeffrey E. Swne, Mayor ATTEST: By: June S. Greek, CMC, City Clerk [SEAL] REDEVELOPMENT AGENCY OF THE CrTY OF TEMECULA Date: September 12, 1995 Ronald J. Parks, Chairperson ATTEST: By: June S. Greek, CMC, Agency Secretary/City Clerk [S AL] r:\ciWatty\OTVVJPA2 -1 O- OLD TOWN/WESTSIDE IMPRO~ AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT This Agreement (the *Joint Exercise of Powers Agreement'), dated September 12, 1995, is by and between the City of Temecula, a municipal corporation and public body, corporate and politic duly organized and existing under the laws of the State of California (the "City*), and the Redevelopmerit Agency of the City of Temecula, a public body corporate and politic duly organized and existing under the laws of the State of California (the 'Agency"). WI TN E S S E TH: WHEREAS, agencies formed under Articles 1-4 (commencing with Section 6500) of Chapter 5, Division 7, Ti~e 1 of the Government Code of the State of California (the "Act") are permitted to provide financing for any of their members or other local public agencies in the State of California in connection with the acquisition, consU'uc~on and improvement of public capital improvements, working capital requirements or insurance programs of such members or other local agencies; and WI-IF~REAS, the City and the Agency wish to form an agency under the Act for the purpose of providing an entity which can assist in providing financing for public capital improvements in the Old Town Area and the Westside Area of the City and for other purposes which are authorized under the Act. NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the City and the Agency do hereby agree as follows: ARTICLE I DEFINITIONS Section 1.01. Definitions. Unless the context otherwise requires, the words and terms defined in this Article shall, for the purpose hereof, have the meanings herein specified. "Act" means Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Tifie 1 of the Government Code of the State of California. "Agreement" means this Joint Exercise of Powers Agreement, as originally entered into or as mended from time to time. "Authority" means the Old Town/Westside Improvement Authority established pursuant to Section 2.02 of this Agreement. r:~cityaUy\OTWJPA -1- "Board" means the Board of Directors of the Old Town/Westside Improvement Authority referred to in Section 2.03. "Bond Law" means the Marks-Roos Local Bond Pooling Act of 1985, being Article 4 of the Act (commencing with Section 6584), as now in effect or hereafter amended, Article 2 of the Act as now in effect or hereafter amended, or any other law available for use by the Authority in the authorization and issuance of bonds to provide for the financing of Obligations, Working Capital Requirements, Public Improvements and/or liability or insurance needs of any Public Agency. "Bond Purchase Agreement" means an agreement between the Authority and the City, the Agency or any Financing Authority, pursuant to which the Authority agrees to purchase Obligations from the City, the Agency or such Financing Authority, as the case may be. "Bonds" means bonds, notes or other obligations of the Authority issued pursuant to the Bond Law or pursuant to any other provision of law which may be used by the Authority for the authorization and issuance of bonds, notes or other obligations. "Directors" means the representatives of the City appointed to the Board pursuant to Section 2.03. "Financing Authority" means any joint exercise of powers authority created under the Act pursuant to a joint exercise of powers agreement between the City and the Agency, including, but not limited to, the Old Town/Westside Community Facilities District Financing Authority. "Fiscal Year" means the period from July 1 in any calendar year to and including June 30 in the succeeding calendar year. "Members" means the City and the Agency. "Obligations" has the meaning given to the term "Bonds" in Section 6585(c) of the Bond Law. "Public Agency" means any public agency authorized by the Act to enter into a joint exercise of powers agreement with the City and the Agency. "Public Improvements" has the meaning given such term in Section 6585(g) of the Bond Law. "Secretary" means the Secretary of the Authority appointed pursuant to Section 3.01. "Treasurer" means the Treasurer of the Authority appointed pursuant to Section 3.02. r:~cityany\OTWJPA -2- *Working Capital Requirements* means the requirements of any Public Agency for funds to be used by, or on behalf of, such Public Agency for any purpose for which such Public Agency may borrow money pursuant to Section 53852 of the Government Code of the State of California. ARTICLE H GENERAL PROVISIONS Section 2.01. Purpose. This Agreement is made pursuant to the Act providing for the joint exercise of powers common to the City and the Agency, and for other purposes as permitted under the Act, the Bond Law and as agreed by one or more of the parties hereto. The primary purpose of this Agreement is to provide for the financing of Public Improvements or Obligations in connection with the installation of public infrastructure improvements in the Old Town Area and the Westside Area of the City, through the acquisition by the Authority of such Public Improvements and/or the purchase by the Authority of Obligations of the City, the Agency or any Financing Authority pursuant to Bond Purchase Agreements and/or the lending of funds by the Authority to the City, the Agency or any Financing Authority. Section 2.02. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "Old Town/Westside Improvement Authority". The Authority shall be a public entity separate and apart from the City, the Agency and any Financing Authority, and shall administer this Agreement. Section 2.03. Board of Directors. The Authority shall be administered by a Board of Directors consisting of five (5) Directors, unless and until such number is changed by amendment of this Agreement. The Directors of the Authority shall be comprised of the members of the City Council of the City. The Board shall be called the "Board of Directors of the Old Town/Westside Improvement Authority". All voting power of the Authority shall reside in the Board. Section 2.04. Meetings of the Board. (a) Regular Meetings. The Board shall provide for its regular meetings; provided, however, that at least one regular meeting shall be held each year. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be filed with the City and the Agency. (13) Special Meetings. Special meetings of the Board may be called in accA3rdance with the provisions of Section 54956 of the Government Code of the State of California. (c) Call, Notice and Conduct of Meetings. All meetings of the Board, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, r:\cityauy\OT~/lPA -3- held and conducted in accordance with the provisions of the Ralph M. Brown Act of the Government Code of the State of California. Section 2.05. Actions Taken. The Secretary shall cause to be kept records, consistent with City policy, of all actions taken by the Board at all meetings of the Board and shall, as soon as possible after each meeting, make such records available for inspection by each Director and the Members. Section 2.06. Voting. Each Director shall have one vote. Section 2.07. Ouorum: Retired Votes: Approvals. Directors holding a majority of the votes shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The affirmative votes of at least a majority of the Directors present at any meeting at which a quorum is present shall be required to take any action by the Board. Section 2.08. Bylaws. The Board may adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings as the Board may deem necessary or advisable for the purposes hereof. ARTICLE Ill OFFICERS AND EMPLOYEES Section 3.01. Chairman. Executive Director and Secretary. The Mayor of the City, the City Manager and the City Clerk are hereby designated as the Chairperson, Executive Director and Secretary, respectively, of the Authority. The officers shall perform the duties normal to said offices. The Chairperson or the Executive Director (or any other person authorized by resolution of the Board) shall sign contracts on behalf of the Authority, and the Chairperson shall perform such other duties as may be imposed by the Board. The Executive Director shall administer the day-to-day affairs of the Authority and shall execute the policies and directives of the Board. The Secretary shall countersign all contracts signed by the Chairperson or the Executive Director on behalf of the Authority (unless otherwise specified by resolution of the Board), perform such other duties as may be imposed by the Board and cause a notice of this Agreement to be fried with the Secretary of State pursuant to the Act. Section 3.02. Treasurer and Auditor. Pursuant to Section 6505.6 of the Act, the City Treasurer is hereby designated as the Treasurer of the Authority and the City Finance Director is hereby designated as the Auditor of the Authority. The Treasurer shall be the depositary, shall have custody of all of the accounts, funds and money of the Authority from whatever source, shall have the duties and obligations set forth in Sections 6505 and 6505.5 of the Act and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. As provided in Section 6505 and Section 6505.6 of the Act, the Auditor shall make arrangements with a certified public accountant or firm of certified r:\cityatty~,OTWIPA --4- public accountants for the annual audit of accounts and records of the Authority, which audit may be combined with any audit of the accounts and records of the City, the Agency and/or any Financing Authority. Section 3.03. Officers in Charge of Records. Funds and Accounts. Pursuant to Seaion 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all aunts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. Section 3.04. Bonding Persons Having Access to Authority Records. From time to time, the Board may designate persons, in addition to the Executive Director, the Secretary, the Treasurer and the Auditor, having charge of, handling or having access to any records, funds or accounts or any Public Improvement of the Authority, and the respective amounts of the official bonds of the Executive Director, the Secretary, the Treasurer and the Auditor and such other persons pursuant to Section 6505.1 of the Act. Section 3.05. Legal Advisor. The City Attorney shall act as the legal advisor of the Authority, and shall perform such duties as may be prescribed by the Board. Section 3.06. Other Employees. The Board shall have the power by resolution to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement. All of the privileges and immunities from liability, exemption from hws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents, or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the performance of any of the functions and :other duties of such officers, agents or employees under this Agreement. None of the officers, agents, or employees directly employed by the Board shall be deemed, by reason of their employment by the Board to be employed by the City or the Agency or, by reason of their employment by the Board, to be subject to any of the requirements of the City or the Agency. Section 3.07. Assistant Officers. The Board may by resolution appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director), and may by resolution provide for the appointment of additional officers of the Authority who may or may not be Directors, as the Board shall from time to time deem appropriate. r:\cityauyXOTW/PA -5- Section 4.01. General Powers. The Authority shall exercise the powers granted to it under the Act, including but not limited to the powers set forth in'the Bond Law and the powers of each of the Members as may be necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.04. As provided in the Act, the Authority shall be a public entity separate from the City, the Agency and any Financing Authority. Section 4.02. Power to Issue Bonds. The Authority shall have all of the powers provided in the Act and in the Bond Law, including the power to issue Bonds thereunder. Section 4.03. Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following: (a) to make and enter into contracts; (13) to employ agents or employees; (c) to acquire, construct, manage, maintain or operate any Public Improvement, including the common power of the City and the Agency to acquire any Public Improvement by the power of eminent domain or any other lawful means; (d) to sue and be sued in its own name; (e) to issue Bonds and otherwise to incur debts, liabilities or obligations; provided, however, that no such Bond, debt, liability or obligation shall constitute a debt, liability or obligation of the City, the Agency or any Financing Authority; " (f) to apply for, accept, receive and disburse grants, loans and other assistance from any agency of the United States of America or of the State of California; (g) to invest any money in the treasury pursuant to Section 6505.5 of the Act which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the Government Code of the State of California; (h) to apply for letters of credit or other form of financial guarantees in order to secure the repayment of Bonds and enter into agreements in connection therewith; (i) to carry out and enforce all the provisions of this Agreement; r:~ityatty\OTW'JPA ~- (j) to make and enter into Bond Purchase Agreements and any other agreements, assignments and documents of any nature whatsoever as may be necessary or convenient in the exercise of its powers hereunder or under the Act; Oc) to purchase Obligations of or to make loans to the City, the Agency or any Financing Authority for the purposes hereof, or to retinanee indebtedness incurred by the City, the Agency or any Financing Authority in connection with any of the purposes hereof; and (1) to exercise any and all other powers as may be provided in the Act or in the Section 4.04. Restrictions on Exercise of Powers. The powers of the Authority shall be exercised in the manner provided in the Act and in the Bond Law, and, except for those powers set forth in the Bond Law, shall be subject (in accordance with Section 6509 of the Act) to the restrictions upon the manner of exercising such powers that are imposed upon the City in the exercise of similar powers. Section 4.05. Obligation~ of Authority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City, the Agency or any Financing Authority. Section 4.06. Non-Liability for Obligations of Authority. No Member, Director, officer, agent or employee of the Authority shall be individually or personally liable for the payment of the principal of or premium or interest on any obligations of the Authority or be subject to any personal liability or accountability by reason of any obligations of the Authority; but nothing herein contained shall relieve any such Member, Director, officer, agent or employee from the performance of any official duty provided by law or by the instruments authorizing the issuance of any obligations of the Authority. ARTICLE V CONTRIBUTIONS; ACCOUNTS AND REPORTS; FUNDS Section 5.01. Contributions. The Members may in the appropriate circumstance when required hereunder: (a) make contributions from their treasuries for the purposes set forth herein, Co) make payments of public funds to defray the cost of such purposes, {c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of other contributions or advances. The provisions of Government Code Section 6513 are hereby incorporated inW this Agreement by reference. Section 5.02. Accounts and Reports. To the extent not covered by the duties assigned to a trustee chosen by the Authority, the Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respect to the proceeds of any Bonds issued by the Authority. The books r:\cityaUy\OTWJPA -7- and records of the Authority in the hands of a trustee or the Treasurer shall be open to inspection at all reasonable times by representatives of the Members. Within 180 days after the close of each Fiscal Year an annual report of all financial activities for such Fiscal Year shall be presented to the Members, to the extent such activities are not covered by the report of such trustee. The trustee appointed under any indenture or trust agreement shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said trust agreement. Said trustee may be given such duties in said indenture or Umst agreement as may be desirable to carry out this Agreement. Section 5.03. F~:nd~. Subject to the applicable provisions of any instrument or agreement which the Authority may enter into, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of and disburse Authority funds as nearly as possible in accordance with generally accepted accounting practices, and shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement. Section 5.04. Annual Budget and Administrative Expenses. The Board may adopt a budget for administrative expenses, which shall include all expenses not included in any financing issue of the Authority, on or about iuly 1st of each year. The estimated annual administrative expenses of the Authority shall be allocated in such budget by the Authority to the Members and/or any Financing Authority in such proportion as the Board shall determine. In the absence of any such determination such allocation shall be made and charged to each Financing Authority in proportion to the principal mount of Bonds of each such Financing Authority purchased by the Authority. Section 6.01. Term. This Agreement shall become effective, and the Authority shall come into existence, on the date of execution and delivery hereof, and this Agreement and the Authority shall thereafter continue in full force and effect for at least forty (40) years (unless earlier terminated by the Members and any then Associate Members), but in any event so long as either (a) any Bonds remaining outstanding or any material contracts to which the Authority is a party remain in effect, or (b) the Authority shall own any interest in any Public Improvements. Section 6.02. Disposition of Assets. Upon termination of this Agreement, all property of the Authority, both real and personal, shall be conveyed to the City. r:\citystty\OTV~PA -g- ARTICLE VII MISCELLANEOUS PROVISIONS Section 7.01. Notices. Notices hereunder shall be in writing and shall be sufficient if delivered to the notice address of each party hereto for legal 'notices or as otherwise provided by a party hereto in writing to each of the other parties hereto. Section 7.02. Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement. Section 7.03. Consent. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. Section 7.04. Law Governing. This Agreement is made in the State of California under the Consttimtion and laws of the State of California, and is to be so construed. Section 7.05. Amendments. This Agreement may be mended at any time, or from time to time, except as limited by contract with the owners of Bonds issued by the Authority or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement either as required in order to carry out any of the provisions of this Agreement or for any other purpose, including without limitation addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes'of this Agreement. Section 7.06. Enforcement by Authority. The Authority is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. Section 7.07. Severability. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. Section 7.08. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the City or the Agency, respectively. Neither the City nor the Agency may assign any right or obligation hereunder without the written consent of the other. r:\cityany\OTWJPA -9- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year set opposite the name of each of the parties. CITY OF TEMECULA Dat~: September 12, 1995 Jeffrey E. Stone, Mayor ATTEST: By: June S. Greek, CMC, City Clerk [SEAL] REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Date: September 12, 1995 Ronald J. Parks, Chairperson ATTEST: By: June S. Greek, CMC, Agency Secretary/City Clerk [SEAL] r:~:ityalty~OTWIPA -10- 'cJ5 18:37 RT'&T FI:~ ~ P.Z/4 Old Town/Westside Cammmdty F..,.ni..,- Distzict Fmandn8 Authod[T Community Fo,r.ntn..~'Dlstzkt No. 1 (Old Town Azea l'ublic lmpfovr~ents) THIS DEPOSIT/~~ AG~ (the =Agreement") is by and between th~ City of Temeaxla (tl~ , on behalf of ti~ Old Town/VVestslde Faci~fie. DIstrict Ph'~,netug Authorl~ 'AntharRy") Community Facilities District No. 1 (Old Town Area Public lmprovema~) (the 'CFEY), and T.Z.B.G., Inc., a Calibznla corporation (the WITNESSETH: costs of the Authority, the City and the AgeW/in forming the Auffiarlty and _analyzing the suance af bonds for the CFD, provided tht such/unds so advancai are reimbursed to the Company fzom the proceeds afany bonds issued by the Authorlty fm-the CFD; and · WHEREAS, the CI~ and the Comlxmy now desire to specify the terms of said deposit NOW, THEREFORE, in consid6atien of the foregoing and the mut~ml eovenanb set forth herein, and for other consideration the receipt and sufficiency of which is hereby admowi~ged, the paz8~ hereto agree as foliowe: Section 1. The Deposit: Addltiov-I Advances. The Company has Fovided to the City' Costs"), said amount having been heretofore delivered by the Company to the Finance Director '* of the City. The City, by its execution hereof, sr. knowled~es ~ceipt of the Deposit. Tl~ Deposit may be comminBled with other funds of the City for purposes o~ investment and safekeeping, but ~e City shall at all times maintain records as to the expenditure of the Deposit. The Company hereby agzees to advance any additional amounts necessary to pay any tial Costs incurred by the City, the Agency or the Authority, in excess of the amount of the and, collectively with ~:, the sits"), ~ not exceed $100,000 without the prior written consent of the Company. N:~i the f~r 0ing, the Fm Directoz may dbect City staff a_rd consultants to cease all work zetated to~ffi~ issuance of the Bonds and/or the fozmation of the Authority and the CFD until any addit~nal amount ~o tiehunted has been edbye C_ . SEP 87 'cJ5 18:38 RT~T FRX 9835FX P.3/4 (such as enB;tneedn8, legal counsP./, ~..b,m.g the ..City ,Utozn~, .a~enc7 spedal cou.qsel, ~r~nri-g and special tax consullants); 0t) the coels ot a ntisa]s, nunket absoz~tion and in connection with the Bonds; Oil) costs of F,bnr~4on of notices ep~ and mailing of bantus and other costs related to any ,b,.H,, with respect to the ~. the rdte and method of (iv) and all ~ actual costs and expenses incurred by the C. ity with respect to the (b) -If the Bonds are issued under the Act by the Authozfiy secured by special taxes ma!tpon the land within the CFD, the Authority shall provide for reimbursement to the _Company, wiehot~ triterest, of all atnounts agntnst the Deposits, said ~ to · solely from the eeds of the ~c~d~ only to tim extent otherwise tted or ~ Attthoz~ o~ that ~ City, the Agelicy or 'the A:lxthoxity ilt otherlviBe comndtted to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so (c) If the Bonds ate not issued, the Finan~ ~ of the City ~ ~ ten (10) business days after adoption of the resolution stating the intent of the Authority to ternirate' proceedings under the Act with respect to the issuance of the Bonds, return the then unexpended osits to the Company, without interest, less an amount equal to any costs tnam~ by ~De~, the' Agency or the Authority or that the City, the Agency or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid by the City. Section 3. Reimbursement of Other Co Costs. Nothing contained herein shad pro t rdmbuneuumt d other costs and ~mPa~tl~ Corn L, xcun-ed in connection with counsel to the Company. Any such relmlmraeme~ shall be made solely fro~nex~P~s of the Bonds and only to the extent otherwise permitted under the *Ac~ and othenvise provided .. for, at the zeasonable discretion d the Authority, in the proceedings fo~ the issuance af the Bonda. Section 4. Agreement Not Debt or TJ~_hUSty of City. Agency or Aufhnrtty. It is hereby acimowled ed and agreed that t,his .j~ee~_eat b aot a debt or .-hmty of the CUT, the linhleheretznderothertbanto rettlrll the~al~iunconinl~edportions as provided in Section 2 above and provide an atr. ounfi~ trader Section 7 below. TIm C~, the employ. or agent of the City, t%e Agency or the Authority shall to any Extent be pemonaIly 2 S~P ~ '~ 10:39 AT&T FRX ~35FX P.4/4 Section 6.' Sever~bility. I~ any part cd this Agreement is held to !/e ~egal or unenbzceable by a court o/competent ~ion, the remainde~ of this Agreement shall b~ of moneys expended under this Agreement, within ten (10) b, aln_,~_ days of receipt by the Finance Director of the City of a written request therefor submitted by an authorized officer of the Company. No more than one accounting will be provided in any calendar month and the cost of providing the ~eotmting shall be charged to the Deposits. Section 9. counterpnrts. This Agreement may be exeaxt~ in counterparts, each of whichshllbedeemetan~ IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year wriiten along,aide their dgnamre line below. · COMPANY: T.Z.B.G., INC., a California corporation Executed on: September ,1995 CITY: CFI'Y OF TEMECIILA, on behalf of the Old Town/Weststde Conmmntty ~ Diskict Financing Authatit'y Community Facilities District 1 (Old Town Area Public Improvements) Executed on: September __,, 1995 BT: OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY ITEM 1 APPROVAL CITY ATTORNEY FINANCE OFFI~~ CITY MANAGER OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AGENDA REPORT TO: FROM: DATE: SUBJECT: Authority Members = Ronald E. Bradley, City Manager September 12, 1995 Financings for Old Town Area Public Impro~/ements and the Western Bypass Corridor RECOMMENDATION: That the Old Town/Westside Community Financing Authority approve the respective resolutions described below. Facilities District Adopt a resolution entitled: RESOLUTION NO. FA 95- A RESOLUTION OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY ADOPTING LOCAL GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS. Adopt a resolution entitled: RESOLUTION NO. FA 95- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWNRVESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT NO. 1 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. 3. Adopt a resolution entitled: RESOLUTION NO. FA 95- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT RNANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. I (OLD TOWN AREA PUBLIC IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES · ACT OF 1982. Adopt a resolution entitled: RESOLUTION NO. FA 95- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT NO. 2 AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. Adopt a resolution entitled: RESOLUTION NO. FA 95- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2 (WESTSIDE AREA PUBLIC IMPROVEMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. BACKGROUND: On August 31, 1995, the City and Redevelopment Agency of the City of Temecula approved and entered into an Owner Participation Agreement with T.Z.B.G., Inc. ("T.Z.B.G.") which contemplated the construction of various public improvements in the Old Town area of the City and the construction of the Western Bypass Corridor. The Owner Participation Agreement provides for the financing of some of the Old Town area public improvements, at the election of T.Z.B.G., by means of a community facilities district, and the financing of the Western Bypass by means of an assessment district. T.Z.B.G. has requested that a community facilities district be formed to finance the specified improvements in the Old Town area, and has agreed to pay all City out of pocket expenses in connection with such financing. In addition, T.Z.BoG. has requested that actions be taken to assure that the Western Bypass improvements will be funded, pending completion of the necessary assessment financing proceedings. City staff, with the advise of the City's consultants, have recommended that various actions be taken in order to assure completion of the improvements and financings referenced in the Owner Participation Agreement. FINANCING STRUCTURE: Jones Hall Hill & White, the City's Bond Counsel for the financings, has recommended that the City and the Agency form two new joint exercise powers authorities in order to conduct the proceedings necessary to complete the financings. Under California law, a joint exercise of powers authority is a separate legal entity from the public agencies that create it, and its debt and liabilities are not those of the public agencies that create it. It is proposed that the City and the Redevelopment Agency form the Old Town/Westside Improvement Authority (the "Improvement Authority"), which Would sell tax-exempt bonds to the public in an amount sufficient to finance both the Old Town improvements to be completed by T.Z.B.G., as referenced in the Owner Participation Agreement, and the Western Bypass improvements. The bonds would be sold only when it is assured that T.Z.B.G. will have available all monies necessary to complete the Entertainment Facilities contemplated by the Owner Participation Agreement. In this manner, the City and T.Z.B.G. will both be assured that the entire project and all necessary public infrastructure improvements will be funded, and construction of the Entertainment Facilities and necessary infrastructure improvements can commence as necessary to ensure timely completion of the entire project. Because the Improvement Authority will be a separate legal entity from the City and the Redevelopment Agency, no funds or assets of the City or the Redevelopment Agency will be liable for the repayment of any bonds issued by the Improvement Authority. Rather, the bonds will be secured solely by real estate owned by T.Z.B.G. and all debt services will be the responsibility of T.Z.B.G. The joint exercise of powers agreement that creates the Improvement Authority provides that the City Council members will act as the Board of Directors of the Improvement Authority, so that they can control all aspects of any bond issues by the Improvement Authority. The proposed financing structure includes the formation of a second joint exercise of powers authority by the City and the Redevelopment Agency, designated the Old Town/Westside Community Facilities District Financing Authority (the "CFD Financing Authority"). The CFD Financing Authority will also be a separate legal entity from the City and Redevelopment Agency, and they will have no liability for its debts or obligations. The City Council will act as the Board of Directors of the CFD Financing Authority. The CFD Financing Authority will form two separate community facilities districts, one for the' financing of the Old Town area public improvements to be completed by ToZ. B.G., as referenced in the Owner Participation Agreement, and the other to assure that the Western Bypass improvements will be completed in the event that the City assessment district referenced in the Owner Participation Agreement cannot, for any reason, be completed. The two community facilities districts, when ultimately formed by the CFD Financing Authority, will only encompass property to be owned by T.Z.B.G. Thus, any bonds issued by the authority will be secured solely by T.Z.B.G. property and debt service is T.Z.B.G.'s sole responsibility. It is expected that the proceeds of the sale of the Improvement Authority's bonds will be used to purchase bonds issued by the CFD Financing Authority for the Old Town Community Facilities District, and, when completed, the assessment district bonds to be issued by the City for the Western Bypass improvements. The principal and interest payable on those two bond issues will provide the funds necessary to pay the principal and interest on the Improvement Authority's bonds. If for any reason the assessment bonds are not issued by the City as expected, the corresponding portion of the proceeds of the Improvement Authority's bonds will instead be used to purchase the CFD Financing Authority's bonds issued for the Western Bypass improvements. Thus, if the City assessment bonds are issued and purchased, as expected, the CFD Financing Authority's Western Bypass community facilities district will not be needed and will be dissolved. If, however, the assessment bonds are not ultimately issued by the City, the Western Bypass community facilities district bonds will be issued by the CFD Financing Authority and purchased by the Improvement Authority. The proposed financing structure will assure that even if the City's proposed assessment district is not completed at the time the entertainment facilities are financed, the Western Bypass improvements will be funded at the time that the money is raised (i) by the Improvement Authority to complete the Old Town area public improvements, and (ii) by T.ZoB.G. to complete the Entertainment Facilities. In addition, the proposed financing structure will ensure that neither the City nor the Redevelopment Agency is ever responsible for the repayment of the debt issued to finance the Old Town area public improvements to be completed by T.Z.B.G. Finally, only properties owned by T.Z.B.G. will be taxed to pay for such Old Town area improvements, and only properties owned by T.Z.B.G. will be taxed or assessed to pay for these improvements. SPECIFIC ACTIONS: In order to begin the process to implement the financing structure described above, the following actions must occur: " The City and the Redevelopment Agency each must consider the adoption of a resolution authorizing them to enter into joint exercise of powers agreements to create the Old Town/Westside Improvement Authority and the Old Town/Westside Community Facilities District Financing Authority. Following the adoption of their respective resolutions, the appropriate officers of the City and the Redevelopment Agency must execute the two joint exercise of powers agreements. The City will then authorize the execution of a Deposit/Reimbursement Agreement between the City and T.Z.B.G. providing for reimbursement of all costs in connection with issuance of bonds by the Old Town/Westside Community Facilities District Financing Authority. The Old Town/Westside Community Facilities District Financing Authority will" then consider adoption of a resolution adopting local goals and policies for Mello-Roos districts. Under applicable State law, a new community facilities district cannot be formed unless the entity which forms it has first adopted local goals and policies which satisfy certain requirements of law. The suggested local goals and policies only pertain to the specific financings contemplated by the Owner Participation Agreement, and would not apply to any community facilities district that may be created in the future by the City. The Old Town/Westside Community Facilities District Financing Authority must then consider adoption of two resolutions of intention relative to the Old Town area public improvements, and two resolutions of intention relative to the Western Bypass improvements. These resolutions call for public hearings on October 17 on the formation of the respective community facilities districts and the issuance of bonds for the districts, and otherwise set forth a description of the improvements to be financed, the method by which special taxes will be levied to repay the debt incurred to complete the financing, the maximum principal amount of the debt, the employment (at the expense of T.Z.BoG.), of bond counsel and a special tax consultant to assist the City in forming the community facilities districts, and the approval of other matters related thereto. The boundary maps for the two proposed CFD's referenced in the resolutions contain all parcels that may be included in the CFD's, and will be revised on October 17 to include only parcels owned, optioned or otherwise controlled by T.Z.B.G. No property owner other than T.Z.B.G. will be required to participate in either of the community facilities districts. FISCAL IMPACT: T.Z.B.G. has agreed to pay all out of pocket expenses incurred relative to the proposed financings. Costs of issuance of the proposed bond issues will be paid from the proceeds of the bonds to be issued by the joint exercise of powers authority. All annual costs of administering the bond issues will be paid by special taxes or assessments levied on the properties in the financing districts owned by T.Z.B.G. ; Neither the City nor the Redevelopment Agency will have any responsibility for the repayment of any bonds issued by the Old Town/Westside Improvement Authority or the Old Town/Westside Community Facilities District Financing Authority. Attachments: Resolutions Local Goals and Policies for Community Facilities Districts Proposal to prepare Tax Formula and Special Tax Consultant's Certificate Agreement for Bond Counsel Services . RESOLUTION NO. FA A RESOLUTION OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITW_S DISTRICT FINANCING AUTHORITY ADOPTING LOCAL GOALS AND POLICIES FOR COMMUNITY FACIL1TIF_.S DISTRICTS WHEREAS, Section 53312.7(a) of the California Government Code requires that the Board of DirecWrs of the Old Town/Westside Community Facilities District Financing Authority (the "Authority') consider and adopt local goals and policies for community facilities districts ('CFDs') prior to the initiation of proceedings by the Authority to establish a CFD under the provisions of Chapter 2.5 of Pan 1 of Division 2 of Tifie 5 of the California Government Code (the 'Act'); and WHEREAS, this Board of Directors intends to consider the'.establishment of CFDs related to the financing of public improvements in the Old Town and Westside areas of the City of Temecula, and desires at this time to adopt local goals and policies for CFDs so that it may commence proceedings for establishing a community facilities districts to finance public infrastructure improvements in such areas; and WHEREAS, Authority staff has caused to be prepared a draft of goals and policies '- for CFDs of the Authority (the "Goals and Policies"), the form of which is on fie with the Secretary, and this Board of Directors has duly considered said Goals and Policies. NOW, THEREFORE, BE IT RESOLVED, by the Board'of Directors of the Old Town/Westside Community Facilities District Financing Authority that the Goals and Policies, in the form on file with the Secretary, are hereby adopted as the local goals and policies of the Authority for CFDs, and are intended to meet the requirements of Section 53312.7(a) of the Act. PASSED, APPROVED AND ADOFFFI}, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority at a regular meeting held on the 12th day of September, 1995. Jeffrey E. Stone, Chairperson ATTEST: June S. Greek, CMC Secretary Re~o~\77 -1- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 95- was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 12th day of September, 1995, by the following roll call vote: AUTHORIT~VIBERS: NOES: ABSENT: AUTHORITYME1VIBERS: AUTHORITYMEMBERS: June S. Greek, CMC, Authority Secretary/ City Clerk Resos\T'/ -2- OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY LOCAL GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS (Adopted September 12,1995) I. IIVrRODUCTION. Section 53312.7(a) of the Cnlifornia Government Code requires that the Old Town/Westside Community Facilities District Financing Authority (the "Authority') consider and adopt local goals and policies coheeming the use of the Mello-Roos Community Facilities Act of 1982 (the 'Act"), prior to the initiation of proceedings on or after January 1, 1994 to establish a new community facilities district ("CFD") under the Act. The following goals and policies are intended to meet the minimum requirements of the Act, and may be mended or supplemented by resolution of the Board of Directors of the Authority at any time. H. GOALS. The Authority will consider the use of the Act for financing public facilities and services only in connection with public infrastructure improvements in the Old Town and Westside; areas of the City of Temecula, and as otherwise referenced in an owner participation agreement to which the Redevelopmerit Agency of the City of Temecula is a party (an "OPA"). Any request for a CFD which is not integral to the installation of public improvements in such areas, and the financing of which is not otherwise referenced in an OPA, will require amendment of these goals and policies, and will be considered on a case by case basis. ALl Authority and noncontingent consultant costs incurred in the evaluation and establishment of new CFDs wffi be paid by the proponents of the CFD. The Authority shall use all reasonable efforts not incur any expense for processing a CFD which are not eligible to be reimbursed from CFD bond proceeds. Expenses incurred by the Authority that are not chargeable to the CFD shatl be borne by the proponent of the CFD. IH. ELIGIBLE PUBHC FACILITIES AND SERVICES. The improvements eligible to be financed by a CFD must be owned by a public agency or public utility, and must have a useful life of at least five (5) years, except that up to five percent of the proceeds of an issue may be used for facilities owned and operated by a privately-owned public utility. The improvements must be consistent with any relevant specific plan approvals. A CFD shall not vest any fights to future land use on any properties, including those which are responsible for paying special taxes. The list of public facilities eligible to be financed by a CFD include, but are not limited to, the following: · Freeway Offramps · Street Improvements · Street lighting · Traffic .signals and safety lighting · Landscaping in public right-of-ways · Governmental facilities · Sanitary sewer facilities · Storm drain facilities · Flood control facilities · Potable and reclaimed water facilities · Utility relocations · Elementary and secondary school sites and facilities · Libraries · Public utilities · Police and fire protection facilities · Public parking structures · Cultural facilities · Child care facilities · Parks and recreational facilities The funding of public facilities to be owned and operated by publiC' agencies other than the Authority shall be considered on a ease-by-case basis. ff the proposed facilities are appropriate for financing by a CFD and are consistent with approved land use plans for the property, the Authority shall consider entering into a joint financing agreement in order to finance these facilities. A joint agreement with the public agency that will own and operate any such facility must be entered into prior to the adoption of the resolution of formation relating to the formation of any CFD. The Authority will consider on a case-by-case basis CFDs established for the provisions of services eligible to be funded under the Act. Eligible services are as specified in the Act. IV. PRIORITIES FOR CFD FINANCING. Priority for CFD financing shall be given to public facilities which: (a) are necessary for development in the Old Town and the Westside areas of the City and otherwise referenced in an OPA, or (b) are otherwise incident to development or redevelopment in such areas. V. CREDIT QUALITY REQUIREMENTS FOR CFD BOND ISSUES. All CFD bond issues should have at least a three to one property value to public lien ratio after calculating the value of the financed public improvements to be installed and any private improvements for which financing is reasonably assured, unless the Board of Directors of the Authority finds and determines that the proposed bonds do not present any unusual credit risk or, by a four-fifths vote, that the proposed bond issue should proceed for specified public policy reasons. Property value may be based on either an appraisal or on assessed values as indicated on the county assessor's tax roll. Any appraiser shall be selected by the Authority (or the City of Temecula on behalf of the Authority), and the appraisal shall be based on standards determined applicable by Authority staff and consultants. The appraisal must be dated within six months of the date the bonds are issued. The public lien amount shall include the bond issue currently being sold plus any public indebtedness secured by a fixed lien on real property currently existing against the properties to be taxed. 2 A reserve fund equal to the lesser of (i) ten percent of the original proceeds of the bond issue, (ii) the maximum annual debt service on the bonds, or Cxii) one hundred twenty-five percent of the average annual debt service on the bonds is considered as appropriate for any bond issue where less than seventy-five percent of the buildable acreage has been developed. A smaller reserve fund may be appropriate for bond issues in CFDs where over seventy-five percent of the buildable acreage has been developed. The reserve fund may be maintained by or on behalf of a public financing authority, if such an authority purchases the CFD bonds, and need not be held under the fiscal agent agreement pursuant to which the CFD bonds axe issued. Less than a three to one property value to public lien ratio, excessive tax delinquencies, or projects of poor economic viability may cause the Authority to disallow the sale of bonds or require credit enhancement prior to bond sale. If the Authority requires letters of credit or other security in connection with the issuance of bonds for a CFD, the credit enhancement shall be issued by an institution, in a form and upon terms and conditions satisfactory to the Authority. Any security required to be provided may be discharged by the Authority upon the opinion of a qualified appraiser, retained by the Authority, that a value-to-lien ratio of three to one has been attained. As an alternative to providing other security, a portion of the bond proceeds may be placed in escrow with a corporate agent in an mount sufficient to assure a value-to-lien ratio of at least three to one on the outstanding proceeds, or other appropriate release requirements. VI. DISCLOSURE REQUIREMENTS FOR PROSPECTIVE PROPERTY PURCHASERS. A. Disclosure Requirements for Developers. Developers who are selling lots or parcels that are within a CFD shall provide disclosure notice to prospective purchasers that complies with all of the requirements of Section 5334 1.5 of the Government Code. The disclosure notice must be provided to prospective purchasers of property at or prior to the time the contract or deposit receipt for the purchase of property is executed. Developers shall keep an executed copy of each disclosure document as evidence that disclosure has been provided to all purchasers of property within a CFD. B. Disclosure Requirements for the Resale of Lots. The Treasurer of the Authority shall provide a notice of special taxes to sellers of property (other than developers) which will enable them to comply with their notice requirements under Section 1102.6 of the Civil Code. This notice shall be provided by the Treasurer of the Authority within five working days of receiving a written request for the notice, unless otherwise permitted under the Act. A reasonable fee may be charged for providing the notice, not to exceed any maximum fee specified in the Act. VH. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES. Special tax formulas for CFDs shall provide for minimum special tax levels which satisfy the following expenses of a CFD: (a) 110 percent gross debt service coverage for all CFD bonded indebtedness, (b) the projected administrative expenses of the CFD, and (c) mounts equal to the differences between expected earnings on any escrow fund and the interest payments due on bonds of the CFD. Additionally, the special tax formula may provide for the following: (a) any amounts required to establish or replenish any reserve fund established in association with the indebtedness of the CFD, (b) the accumulation of funds reasonably required for future debt service, (c) mounts equal to pwjeeted delinquencies of special tax payments, (d) the costs of remarketing, credit enhancement and liquidity facility fees, (e) the cost of acquisition, construction, furnishing or equipping of facilities, (f) lease payments for existing or future facilities, (g) costs associated with the release of funds from an escrow account, and (h) any other costs or payments permitted by the Act and applicable law. The special tax formula shall be reasonable and equitable in allocating public facilities' costs to parcels within the CFD, unless otherwise agreed to by at least a majority of the property owners to be subject to the special tax. Exemptions from the special tax may be given to parcels which are publicly owned, are held by a property owners' association, are used for a public purpose such as open space or wetlands, are affected by public utility easements making impractical their utilization for other than the purposes set forth in the easements, or have insuffwient value to support bonded indebtedness. The total projected property tax levels for any CFD shall not exceed any maximum specified in the Act. The annual increase, if any, in the maximum special tax for any parcel shall not exceed any maximum specified in the Act. The increase in the special tax levied on any parcel as a consequence of delinquency or default by the owner of any other parcel shall not exceed any maximum specified in the Act. The Authority (or the City on behalf of the Authority) shall retain a special tax consultant to prepare a report which: (a) recommends a special tax for the proposed CFD, and (b) evaluates the special tax proposed to determine its ability to adequately fund identified public facilities, Authority administrative costs, services (if applicable) and other rehted expenditures. Such analysis shall also address the resulting aggregate tax burden of all proposed special taxes plus existing special taxes, ad valorera taxes and assessments on the properties within the CFD. 'VIII. APPRAISALS. The definitions, standards and assumptions to be used for appraisals shall be determined by Authority staff on a case-by-case basis, with input from Authority consultants and CFD proponents, and by reference to relevant materials and information promulgated by the State of California. In any event, the value-to-lien ratio shall be determined based upon an appraisal by an independent MAI appraiser of the proposed CFD. The appraisal shall be coordinated by and under the direction of the Authority (or the City on behalf of the Authority). All costs associated with the preparation of the appraisal report shall be paid by the proponents of the CFD through an advance deposit mechanism, or from unencumbered funds of the Authority. The Authority shall have discretion to retain a consultant to prepare a report to verify market absorption assumptions and projected sales prices of the properties which may be subject to the maximum special tax in the CFD. IX. TERMS AND CONDITIONS OF BONDS. All terms and conditions of any CFD bonded indebtedness shah be established by the Authority, after consultation with the Authority's consultants, City staff and the proponents of the CFD. The Authority will control, manage and invest, or cause to be controlled, managed and invested, all CFD bond proceeds. Each bond issue shall be structured so as to minimize any impact on the bonding capacity or any credit rating of the Authority or the City. All statements and material related to the sale of bonds shall emphasize and state that neither the faith, nor general credit of the Authority or the City is pledged to security or repayment of the bonds. The sole source of pledged revenues to repay CFD bonds shall be the special taxes, bond proceeds and reserve funds held under the bond document, and the proceeds of foreclosure proceedings and additional security instruments provided at the time of bond issuance, unless otherwise specifically agreed to in writing by the Authority. X. CFD INITIAL COSTS. All Authority and consultant costs incurred in the evaluation of CFD applications and the establishment of CFDs will be paid by the proponents of the CFD by advance deposit increments, or from unencumbered funds of the Authority. The Authority shall use reasonable efforts not to incur any non-reimbursable expenses for processing and administering CFDs. In general, expenses not chargeable to the CFD shall be direc~y borne by the proponents of the CFD. : XI. USE OF CONSULTANTS. The Authority (or the City on behalf of the Authority) shall select all consultants necessary for the formation of the CFD and the issuance of bonds, including the underwriter(s), bond counsel, financial advisors, appraiser, market absorption study consultant and the special tax consultant, after reasonable consultation with the proponents of the CFD. Prior consent of any proponent of a CFD shall not be required in the determination by the Authority of the consulting and financing team. XII. EXCEPTIONS TO THESE POLICIES. The Authority may find that a waiver of any of the above stated policies is reasonable given identified Authority benefits to be derived from such waiver. Such waivers only will be granted by action of the Board of Directors of the Authority. RESOLUTION NO, FA 95- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLn TOWN/WESTSIDE COMMUNITY FACH,FrlES DISTRICT FINANCING AUTHORITY OF INTENTION TO ESTABLT,qH A COMMUNITY FACH~rrlES DISTRICT NO, 1 AND TO AUTHO1HzE THE LEVY.OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as mended (the 'Act"), Chapter 2.5 of Pan 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, this Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the ' Authority") is authorized to establish a community facilities district and to act as the legislative body for a community facilities district; and WHEREAS, this Board of Directors now desires to proceed with the establishment of a community facilities district (the "District") in order to finance costs of public infrastructure necessary or incident to development in the Old Town area of the City of Temecula (the "City"). NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1, This Board of Directors proposes to conduct proceedings to establish a community facilities district pursuant to the Act, 2. The name proposed for the District is Old Town/Westside Community Facilities District Financing Authority Community Facilities District No, 1 (Old Town Area Public Improvements), 3. The proposed boundaries of the District are as shown on the map of the District on fde with the Secretary, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Secretary is hereby directed to record, or cause to be recorded, said map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in paragraph 10 below. 4. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference incorporated herein (the "Facilities"). The Board of Directors hereby finds and determines that the public interest will not be served by allowing the property owners in the District to enter into a contract in accordance with Section 53329.5(a) of the Act. R,,o~\79 -1- Notwithstanding the foregoing, the District may enter into one or more contracts directly with any of the property owners with respect to the construction of the Facilities. The Executive Director of the Authority is hereby authorized and directed to enter into joint community facilities agreements with any entity that will own or operate any of the Facilities, as determined by bond counsel to be necessary to comply with the provisions of Section 53316.2(a) and Co) of the Act. The Board of Directors of the Authority hereby declares that such joint agreements will be beneficial to residents in the area of the District. 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing Hen against all non-exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorera properly taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District and the interests in those parcels, in sufficient detail to allow each landowner within the proposed District to estimate the maximum mount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. This Board of Directors hereby funds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities distric0 are inapplicable to the District. 6. It is the intention of this Board of Directors acting as the legishtive body for the District to cause bonds of the Authority to be issued for the District pursuant to the Act to finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $12,500,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. 8. Except as may otherwise be provided by law or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the District. In the event that a portion of Resos\79 -2- the property within the District shall become for any reason exempt, wholly or in pan, from the levy of the special tax described in Exhibit B, this Board of Directors will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to the provisions of the rate and method of apportionment of the special taxes for the District. 9. The Executive Director of the Authority, as the officer having charge and control of the Facilities in and for the District, or his designee, is hereby directed to study said proposed Facilities and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A description of the Facilities by type which will be required to adequately meet the needs of the District. (13) An estimate of the fair and reasonable cost of the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a pan of the record of the public hearing provided for below. 10. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. 11. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in' the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. 12. The Authority proposes to repay certain landowners within the District, solely from the proceeds of bonds of the Authority issued for the District, funds advanced by such landowners to pay costs of the City and the Authority to form the District. The procedures for such repayment will be set forth in detail in documents to be approved by this Board of Directors following the public hearing on the District referred to above. 13. The firm of Jones Hall Hill & White, A Professional Law Corporation, is hereby confirmed as bond counsel for the District and any bonds of the Authority for the District, and the firm of Berryman & Henigar is hereby designated as spec~ tax consultant to the Authority for the District. The Executive Director is hereby authorized and directed to enter into contracts with said firms for their servitors with respect to the District, in form acceptable to counsel to the Authority and the Executive Director. PASSED, APPROVED AND ADOPTF~D, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority at a regular meeting held on the 12th day of September, 1995. Jeffrey E. Stone; Chairperson ATTEST: June S. Greek, CMC Authority Secretary Rcsos~9 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 95- was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 12th day of September, 1995, by the following roll call vote: AUTHOR1TYlvlF~,~BERS: NOES: AUTHOREYMEMBERS: AUTHORITYMEMBERS: June S. Greek, City Clerk/Authority Secretary R~sos~79 -5- EXHIBIT A DESCRIFrlON OF FACILITIF.~ TO BE FINANCED BY ~ DISTRICT Old Town/Westside Community Facilities District F'mancing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) FACILITIES 1. Renovation and Expansion of Old Town First Street Bridge, including but not limited to: a. preliminary design of First Street to its connection with the proposed Western Bypass Corridor to include a bridge over Murrieta Creek, b. obtaining all the permits and approvals which may be required, including City of Temecula, U.S. Army Corp of Engineers, California Department of Fish and Game, U.S. Department of Fish and Wild Life, Riverside County Flood Control and any other permits and approvals as may be required, c. final design and construction of facilities as said design is approved by the reviewing agencies to include First Street from its intersection with Front Street to the proposed Western Bypass Corridor, d. design and construction of all utilities as may be required by the various utility.. companies to provide the required services to the proposed development and otherwise incident to the foregoing construction, and e. all associated and incidental facilities and appurtenances. 2. Old Town Gateway Landscaping Project, including but not limited to: a. providing trees and other landscaping along the westside of Front Street between Front Street and Murietta Creek from Rancho California Road to the Post Office, and street tree replacement in conformance with the Old Town Specific Plan, b. acquire the necessary right-of-way, c. submit a Landscaping plan to the City Planning Department for review and approval, d. construction and installation of the landscaping in accordance with the landscape plan as approved, and e. all associated and incidental facilities and appurtenances. 3. Old Town Demonstration Block, including repairs, reconstruction and/or upgrades to Front Street, Front Street between First Street and Main Street and other incidental street improvements, and also including, but not limited to: a. provision of a conceptual design and submission to the City Planning Department for review and approval for the following: i. landscaping and lighting; ii. public signage, including Gateway entry sign, direcfional signs, and street name polesigns; and iii. street improvements to include curb, gutter, sidewalk (boardwalk), paving, street lighting with sound system, street furniture to include wood benches, trash receptacles, newspaper racks, mailboxes, bus shelters, phone booths, and drinking fountains, all in general conformance with the Old Town Specific Plan, and the Circulation Element of the City's General Plan, b. preparation of the necessary plans, specifications for the above scope of work and submit for review by the City and other A-6 interested paxties as may be necessary, c. construct the facilities as per approved plans, d. topography for all of the Old Town shall be provided to facilitate design and to eliminate potential future drainage problems, and e. all associated and incidental facilities and appurtenances. 4. Old Town Sewer Improvements, including but not limited to: a. determine, based on the City's Ultimate Plan, Old Town Specific Plan and Westside Specific Plan, including the proposed Entertainment Facilities, the location of existing and need for upgrading sanitary sewer facilities, and any new sanitary sewer facilities, b. present the report to the Eastern Municipal Water District (EMWD) and the City for review and approval, c. design the: facilities for the sanitary sewer improvements based on the approved report, d. obtain any right-of-way that may be necessary to construct said improvements, e. construct said improvements to the satisfaction of EMWD, and f. all associated and incidental facilities and appurtenances. 5. Old Town Water System, including but not limited to: a. determine, based on the City's Ultimate Plan, Old Town Specif'xc Plan, Westside Specific Plan and the proposed Entertainment Facilities, the location of existing water systems, the needed upgrading, and needed new water facilities, b. present the report to Rancho California Water, City and Fire Marshall for review, c. design the facilities as needed and obtain approval by the above agencies, d. obtain the necessary right-of-way for the proposed improvements, e. construct: said improvements to the satisfaction of Rancho California Water District, and f. all associated and incidental facilities and appurtenances. 6. Storm Drain Improvements, including but not limited to: a. determine the adequacy of the storm drain system as proposed in the Old Town Specific Plan (i.e., 3rd and 6th Street storm drains, 1-15 to Murrieta Creek), b. design said improvements and obtain all necessary permits for the installation of said improvements (permits may include but not be limited to Riverside County Flood Control District, U.S. Army Corp of Engineers, California Department of Fish and Game, and Caltrans), c. construct the improvements in accordance with the approvals of all the above agencies including the City, d. provide for the necessary facilities along these systems to accept local drainage, and e. all associated and incidental facilities and appurtenances. OTHER Costs of engineering, design, acquisition of land and/or public easements, planning, insurance, legal and accounting expenses and coordination related to the above-listed facilities. Bond related expenses, including underwriters discount, appraisals, reserve fund, capitalized interest, bond counsel, special tax consultant, financing consultant, bond and official statement printing and all other incidental expenses. A-7 Administrative fees of the City, the Authority, the District and the Bond trustee or fiscal agent related to the District and the Bonds. A-8 F, XtHBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES OLD TOWN]WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY Community Facilities District No. 1 (Old Town Area Public Improvements) A special tax shall be levied on each Parcel of land within the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the "District"), and collected according to the Special Tax Liability determined by the Responsible Party of the Old Town/Westside Community Facilities District Financing Authority (the "Authority") through the application of the following procedures. AH of the property within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shah be taxed to the extent and in the manner provided below. It is intended that all special taxes applicable to Parcels be collected in the same manner and at the same time as ordinary ad valorem property taxes, and that special taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes, subject to any covenant for judicial foreclosure with respect thereto in any Fiscal Agent Agreement for any Bonds of the Authority for the District. Notwithstanding the foregoing, the Authority may collect the special taxes at such other times or in such other manner as necessary or convenient to satisfy the obligations of the District. MAXIMUM SPECIAL TAX The maximtun special tax that may be levied in the Fiscal Year ending June 30, 1996 on any Parcel shall not exceed the sum of.' plus (ii) The maximum building special tax rate of $9.00 per building square foot, multiplied times the sum of the Building Floor Area for all buildings on the Parcel; The maximum land special tax rote of $8.00 per land square foot, multiplied times the Land Area of the Parcel. The special tax shall be levied annually. The maximum building special tax and the maximum land special tax shall increase each Fiscal Year from the maximum special tax for the Fiscal Yea ending June 30, 1996 by 2%, compounded annually. A Parcel shah be subject to the maxImum special tax for not more than 40 years. In no event shall the maximum special tax on any Parcel used for private residential purposes exceed any limitation imposed under Section 53321 of the California Government Code. ASSIGNMENT TO CATEGORrES; LEVY ANNUAL TAX CATEGORrF~S On or about July 1 of each year, but in any event in sufficient time to include the levy of the special taxes on the Countys secured tax roll, the Responsible Party shall determine for each Paxeel within the District, whether or not such Paxeel is Taxable Property. Parcels subject to levy shall be determined based upon the records of the County Assessor as of the March 1 preceding such July 1. LEVY The Responsible Party shall then determine the estimated aggregate Special Tax Liability for the Fiscal Year commencing such July 1, and levy on each Parcel which is Taxable Property, as follows: Step 1: Determine the total Building Floor Area, for each respective Parcel which is Taxable Property and for all Parcels which are then Taxable Property in the DisU'ict. Step 2: Calculate the annual building tax rate at 85 % of the Special Tax Liability, divided by the total Building Floor Area for all Parcels which are then Taxable Property. Step 3: Multiply the total Building Floor Area for each respective Parcel which is Taxable Property by the lesser of: (i) the annual building tax rate; or the maximum building special tax rate for the Fiscal Year commencing such July 1. Step 4: Determine the total Land Area, by Parcel and for all Parcels which are then Taxable Property in the District. Step 5: Calculate the annual land tax rote as the lesser of: the Special Tax Liability, less the total of the funds generated for all Parcels which are then Taxable Property under Step 3 above, divided by the total Land Area Coy square footage) for all Parcels which are then Taxable Property; or the maximum land special tax for the Fiscal Year commencing such July 1. Step 6: Multiply the Land Area for each Parcel which is Taxable Property by the annual land tax rate determined under Step 5. Step 7: Calculate the sum of the building tax (from Step 3) and the land tax (from Step 6) for each Parcel which is Taxable Property. PREPAYMENTS Prepayments may be made for property subject to the levy of the special taxes. Any property owner in the District that desires m prepay the annual special taxes on a particular Parcel shall notify the Responsible Party in writing of such intention and the estimated amount of prepayment. The entire annual special taxes for any Parcel may be prepaid as follows: (a) The Parcel with respect to which prepayment is to be made must not be ' delinquent in any payment of special taxes previously levied within the District. Prepayment shall not relieve any property owner from paying those special taxes which have already become due and payable, and a Notice of Cessation of Special Tax Lien shall not be recorded against any Parcel pursuant to California Government Code Section 53344, until all special taxes with respect to that Parcel have been paid. The Parcel prepayment mount for a Parcel shall be calculated by the Responsible Party based upon the Present Value Factor of the remaining maximum annual special taxes. DEFINITIONS Administrative Expenses means any or all of the following: the fees and expenses of the Fiscal Agent (including any fees or expenses of its coun-qel), the expenses of the Authority and the City in carrying out their respective duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of their respective counsel, any fees of the County related to the District or the collection of special taxes, an allocable share of the salaries of the Authority and the City staff direc~y rehted thereto and a proportionate amount of Authority and the City general administrative overhead related thereto, any amounts paid by the Authority or the City, respectively, from its own funds with respect to the District or the Bonds, and all other costs and expenses of the Authority, the City or the Fiscal Agent incurred in connection with the discharge of their respective duties under the Fiscal Agent Agreement and, in the case of the Authority and the City, in any way rehted to admini~qtration of the District. Authority means the Old Town/Westside Community Facilities District Authority. Bonds means any bonds of the Authority issued for the District under Mello-Roos Community Facilities Act of 1982, as amended. Building FloOr Area means the area included within the surrounding exterior walls of a building, including each floor of multiple story buildings, exclusive of vent shafts and cottrts (defined here as open and unobstructed to the sky). The Building Floor Area will be determined by the Responsible Party by reference to City or County approved building plans or other such documentation as the Responsible Party shall determine. City means the City of Temecula. County means the County of Riverside. Debt Service, for each Fiscal Year, is the total annual principal and interest payable on the Bonds during the calendar year which commences in such Fiscal Year, less any capitalized interest and any other amounts remaining in the bond fund held under the Fiscal Agent Agreement as of the end of the previous Fiscal Year available to make such payments. District means the Old Town/Westside Improvement Authority Community Facilities District No. 1 (Old Town Area Public Improvements). Fiscal Agent means the Fiscal Agent designated under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance, and as it may be amended and/or supplemented from time to time. Fiscal Year means the period starting on July 1 and ending the following June 30. Land Area means the measure of land area of a Parcel, in square feet of land, rounded up to the nearest whole integer. Parcel means any County Assessor's parcel or portion thereof that is within the boundaries of the Dislxict based on the equalized tax rolls of the County. Present Value Factor means the factor representing the net present value of future annual special taxes calculated based on a discount rate to reflect the net interest costs on the Bonds, any redemption fees on the Bonds, and applicable Administrative Expenses related to the prepayment. Resolution of Issuance is any Resolution adopted by the Authority authorizing the issuance of Bonds. Responsible Party is any person or persons who the Authority may appoint from time to time to compute the levy of the special taxes within the District. Special Tax Liability for any Fiscal Year is an mount sufficient to pay Debt Service for such Fiscal Year, Admini~-ative Expenses for such Fiscal Year, an mount determined by the Responsible Party to offset past delinquencies and projected tax delinquencies to occur in such Fiscal Year and to otherwise replenish any reserve fund established for the Bonds, and all payments required to be made in the applicable Fiscal Year under the Fiscal Agent Agreement for the Bonds and any supplements thereto. Taxable Property is all real property within the boundaries of the District which is not exempt from the special tax pursuant to law, except that the following property shall not be taxed: any acres of land owned, conveyed or irrevocably offered for dedication to and accepted by a public Authority, or land which is a public fight of way or which is an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement. EXHIBIT C NOTICE OF PUBLIC HEARING Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) Notice is hereby given that on September 12, 1995, the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority adopted a Resolution cnfified "A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention To Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Pursuant To The Mello-Roos Community Facilities Act Of 1982". Pursuant to the Mcllo--Roos Community Facilities Act of 1982 (the "Act") the Board of Directors hereby gives notice as follows: A. The text of said Resolution of Intention is as follows: WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, this Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the "Authority") is authorized to establish a community facilities district and to act as the legislative body for a community facilities district; and WHEREAS, this Board of Directors now desires to proceed with the establishment of a community facilities district (the "District") in order to finance costs of public infrastructure necessary or incident to development in the Old Town area of the City of Temecula (the "City"). NOW, THEREFORE, BE IT RESOLVED BY the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1. This Board of Directors proposes to conduct proceedings to establish a community facilities district pursuant to the Act. 2. The name proposed for the District is Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements). c-10 3. The proposed boundaries of the District are as shown on the map of the District on f~e with the Secretary, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Secretary is hereby directed to record, or cause to be recorded, said map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in paragraph 10 below. 4. The type of public facilities pwposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereW and by this reference incorporated herein (the 'Facilities*). The Board of Directors hereby finds and determines that the public interest will not be served by allowing the property owners in the District to enter into a contract in accordance with Section 53329.5(a) of the Act. Notwithstanding the foregoing, the District may enter into one or more contracts direc~y with any of the property owners with respect to the construction of the Facilities. The Executive Director of the Authority is hereby authorized and directed to enter into joint community facilities agreements with any entity that will own or operate any of the Facilities, as determined by bond counsel to be necessary to comply with the provisions of Section 53316.2(a) and (13) of the Act. The Board of Directors of the Authority hereby declares that such joint agreements wffi be beneficial to residents in the area of the District. 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District and the interests in those parcels, in sufficient detail to allow each landowner within the proposed District to estimate the maximum mount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. ' This Board of Directors hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorera property taxes and schools financed by a community facilities district) are inapplicable to the District. 6. It is the intention of this Board of Directors acting as the legislative body for the District to cause bonds of the Authority to be issued for the District pursuant to the Act to finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal mount of not to exceed $12,500,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum C-11 rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. 8. Except as may otherwise be provided by hw or-by the rate and method of -. apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the District. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit B, this Board of Directors will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, ff any, subject to the provisions of the rate and method of apportionment of the special taxes for the District. 9. The Executive Director of the Authority, as the officer having charge and control of the Facilities in and for the District, or his designee, is hereby directed to study said proposed Facilities and to make, or cause to be made, and f~e with the Secretary a report in writing, presenting the following: (a) A description of the Facilities by type which will be required to adequately meet the needs of the District. (b) An estimate of the fair and reasonable cost of the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. 10. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, C-12 convenience and necessity require the formation of the District and the levy of said special tax. 11. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. 12. The Authority proposes to repay certain landowners within the District, solely from the proceeds of bonds of the City and the Authority issued for the District, funds advanced by such landowners to pay costs of the City and the Authority to form the District. The procedures for such repayment will be set forth in detail in documents to be approved by this Beard of Directors following the public hearing on the District referred to above. 13. The fh,~n of Jones Hall I-Iill & White, A Professional Law Corporation, is hereby confirmed as bond counsel for the District and any bonds of the Authority for the District, and the firm of Berryman & Henigar is hereby designated as special tax consultant to the Authority for the District. The Executive Director is hereby authorized and directed to enter into conwatts with said firms for their services with respect to the District, in form acceptable to counsel to the Authority and the Executive Director. B. The exhibits to the Resolution which describe the facilities to bc financed and the rate and method of apportionment of the special taxes for the district are on file in the office of the Secretary of the Authority. C. The time and place established under said Resolution for the public hearing required under the Act are Tuesday, October 17, 1995, at the hour of 7:00 p.m. or as soon as possible thereafter, in the Community Recreation Center, 30875 Raneho Vista Road, Temecula, California. D. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent' of the district or the furnishing of the specified types of facilities will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Act. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the district, or the owners of one-half or more of the area of land in the territory proposed to be included in the district and not exempt from the special tax, file written prom against the establishment of the district and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Beard of Directors shall take no further action to create the district or levy the special taxes for period of one year from the date of decision of the Beard of Directors, and if the majority protests of the registered voters or landowners are only against the furnishing of a type or types of facilities within the district, or against C-13 levying a gifted special tax, those types of facilities or the specified special tax will be eliminated from the proceedings to form the district. E. The proposed voting procedure shall be by special marl or hand-delivered ballot to the property owners within the territory proposed to be included in the district. Dated: , 1995 June S. Greek, CMC, Authority Secretary/ City Clerk C-14 P.~/4 BY AND BETWRI!N THE OLD TOWN/WIlliE COMMUIClTY FACILITr~ DISll~CT FINANCING AUTHORII~ AND JONttS HALL HILL & WHrl~ A PROFE~IONAL LAW CORPORATION, I~OR I~)ND COUI~EL 8~'RVICt~ IN C0~ON WITH BOND PROC!~DINGS the OLD TOWN/WESTSIDB COMMUNITY FAYC~ITI~ DISTRICT FINANCING ALrrI-IO1LrFY (the "Authofltf) and JONIIS HALL I-m.L & WHrrR, A PR~PlISSIONAL LAW CORPORATION, Sen Fumdsco, C~B~ornb, ~'Attomeyf). WITNE~SETH: ~ the fautm:ing of public imp~vsx~ab in th~ ~ty of Tsm~-uh (ths "Clt'~) (such bm~ds~ ~ogeh~er with shy sssess~en~ b~nds ~ssued by NOW, THEP, IIFORII, in considerslion of ~ l~emises sad ~he mutual covsmnts h~ set forth, the parties hereto do her~by s~ree as ~ollows: (a) Consultation and cooperation with the City, the City AUorney, the City Ma~er and ~11 othe~ officers and employees o{ the C!~ end the Authodty, wlLh the issuar~e Of the Bonds snd assisting Such _persons in the ~,~a-,dlafion of a coordina~d ~hk~.d~andlql~alFma~in~fromfi~eproceedsoft eBonds. Co) _Prepsration of all legal In'o2edingS deemed necessary or advisable by A omeys for the authorization, issuance a~d delivery d the Bmuts; including pAuthorirepuation of O) documentation required for the tssuance of the Bonds by the ty, including an ipaenture of bust or p,u~h, ilon ,mt~i-lng the issuance Of the Bonds, resolution authorizing and cUrecting the sale of the Bcmds, resck~un awardin th ,a dt s,u to pur. x ,er me f, an uon to by ~e Authority in conn~fion With the cleliver~ 'd the BoRcIs to the ~ thtn~f, and all all;reements prov!din~ collsteral security ~or the Bonds ~ ss m~y be within the scope af of any attorneys repze~tulja~ other paldes to the Bonds, 0tD center. ares, deeds, r U~ons, recdl~s and other ckrument8 reqtdz~. ccm~ect~on with the delivery ~e~ls~ to the oz~bud. puzcha~er thereof, a.qd (v) other l=oce~_4,~gs d the .Aazthozity hu:kkalal to or tn connection wtth the bsua~ce, sde and delivery' of the Si~ B7 '915 14:EB I:IT'&T Fi::IX 9635FX P.3./4 (C) AppHr=flon ~or any Internal Revenue ~ervice or other rulings deemed · ,e,~es~,',/by X~,c,* Out onzy f~,nowin~ ~ with anci ovaZ the cur) ("*H~m:zda securi6es laws, or to olt~t'- no~on letters or dmfiar determinafiom from ~ Secu~H_--_ Sxr.}~,e Commisdst or Callfo~ Coxlx~dtom Commisdoa. (e) ~ to the comple6on of proceedingS_ to the ntis/action of At~omL-ys, ale~aloph~ton(i)ap tl~eleS~ ofthepr~oft!~Authoffiy CO Legal conmltation requemd by the City concertdug ~ Bonds and any resolutions, ce-aflmt~ agreements and other aoc~,m*pf* relating to the aut~rt-~H-n, ~ancla~sveryottheBoncbatanyt~uefoBowtng~ottheBonds. Attorn shall not be responsible for the Fe tion or content of any official such offldal statement or constaller other than to examl~ any other offering documectt as to the description of the Bonds and related firmndal agreements drafted by Altomeys and as to matters within Attonmys' ]mowledge (without uncl~aki~ any ~ invest:tgation Attorneys shall not be respon.dble for 6) compT~--z'e by the Ciiy or tim Authoriiy arbitrage rebate requirements under federal tax kw, ~cher than to render advice as to Bonds. Without limiting the generality of the ioze~oht~,%mm]s civil ltOt be ~ preparing any calculations or documentation to estsbttsh comp~_e with such rebate requirements or otherwise for compu' the anm~rds xequired to I~e rebated, or for providing axrf litigation sezvices related to ~tm~onds, without a sepaz~te agreement between the Authozity and Attorneys. Section2. Comp~on. For the m'vicee]ja2d inSectica l, Attomeys shall be paid (D a percentage fee, applied to the aggregate princt mount of the Bonds bsued (it being biello-Roos bonds or assessment bonds), equal_. to the sum of: (a) two percent ~ the first $1 n~fillolt prhIcipal alltoulIt af the Boncts# plus (b) on~ perCen_,t of the next $4 million pzincipal amotutt of the Bonds, plus (c) one-ball of one ercent (1/2 of 1~) of the next $10 ndfiion principal mount d the Bonds, plus (d) on~;t~ of ona pazcent (1/8 of 1%) of the rinci al amount of the Bonds; and (tO with r to any bonds issued by~ere~ ,.. ', ,-,.,/..., 1%) of the prind amount of such Authadty B ,, am~ we,mfeein such Anthority ~on~ls, in any event, of $20,000. In addition, the Authority connection with Attorneys for all out-of pocket costs and ses incurred by Attorneys in co~ with their services heramde~ for messenger and~'ve~ services, photocopyin~ ~ p-l~lieaeor~ out-of-state travel, and the cost of preparing transcripts of the proceedinp ~or clang 2 EIF ,cj~ 14:EX3 AT~i FI:1X ~--c~339rx-- p.,t/4 Section ~. gespomlblllfis a~ Anthadty. The Authority shall co .re with Attorneys andahallfxnsthhAttorae3mwithcetUa~ co~sof~Foceed~ ~t'~t~Auth~tyaed deemed ru~c~ry by Attorneys to render an opinion on the ~'~ of the Bands. All costs cost and expense of preparin certified copies o~ roceedinl~ re l~r Attoraeys ia cosmecfion wt~ ~ t.~tumce oPthe Bo~!s, the cost erall i~nH~8; ~ b~ on costs, iees and expenses of pat~ o ~e~ than Ath~ s, casts sad expenses of legal ad~etl.~mg and all other~~~~~e~o~the onds,~l~llbepatdbythe AnXhottXy fium the proceeds of the Bende md shall not be the x~eqx~m~U7 c~ALtotae~ SectJan4. Tesmi~alakm oEABXsemenL This ABxeexuant maybe ~bsd at tny timeby the Authox~y with c~ withsmX cause ulxm days wrlttex~ nol~r,e to A~fxeys. In ~ eve IN WlTNR~ WHI~IlOF, the Authority and AttomeTs have executed tl~ AlFeeznent as oF the date first above wxittext OLD TOWN/tV~-x~xuxs COMMUNITY NACItlTIES DIbTRICT RNANC~G AUTHORITY Executive Director JON~I-IALLHILL&WHrrB, A PROFE~IONAL LAW CORi~RATION MOLtOI:J'IIFY 3 SEP-07-95 THU 12:30 CITY OF BEP~U]IOe'fi' FP, X NO, 9098458483 P. 02 Au~mt 31, l~J5 Old Town/Wcstside Community Facilities District Financing Authority 43174 Business M Drive Temecula, CA 92590 Subject: Proposal to Prepare the Tax Ferm,,!s, and Special Tax Cotsulmm's Ceriifirs~ for Corerramify F__~_.~es D~a'icts (CFD No. 1 and No. 2) Please accept our Im3pcsal for the preparatim of the rate and method of apportionment (special tax formula) for Comity Facilities Districts Number i and 2. BSI's project team wiIl iwAude Mr. Jeffrey M. Cooper and Mr. Alan Kapanicas. Mr. Cooper will be the District ~n~n~r and Mr. Katmnicas has been assigned the responsibility of Project Manager and development of th~ special tax formula for this DisMa. SCOPE OF SERVICES BSI proposes to deliver to lhe Authority, the rate aria method of apportionment, for use in the formation of both CFD's, as detailed below. An Bxhibit A outlines avaiIable extended services that BSI can perform at the Authority' s request and identifies the requirements to completing the project. 11~90 W. Bernardo Court, Suite 100 *"S~n Diego, CA 92127 tol: 619-451-6100 fax: 619-461-2846 An Ccrual ODoonunirv SEP-07-95 THU 12:30 CiTY OF BE~,UHONT F~ NO. 9098458483 P. 03 Old Town/Westside Community Facili~es Dislrict Financing Authority August 31, 1998 Page Two The Scope of S~rvic~s, BSI propose~ and the related compensation is as follows: TA~K Dg~"ItlPTION Services Perform~ on a Lump Sum Basis: TAX ARendance at up to five Authority authorized FORMULA meetings, development of the special tax methodology, and . rat~ and method of apponiomnem report Totat Lump Sum Compensation for Pr~nr~g the Rate and Method of Apportionment: $8,500 Services Performed on a Time and Materials Basis: SPECIAL TAX CONSULTANT'S CERTIFICATE Prior to the issuance of Bonds, BSI wiU prepare a certificate on the capacity of the mx formula, review appropriau~ areas of th~ prclirninnry and final official stateanent, and prepare related schedules as request~l by the Authorivj, Bond Counsel and Finm3cial Advisor. ~tion to prepare the Certificate is on a Time and Ma~ials Basis, not to exceed $6,500 and will be paid out of Bond proceeds. BOUNDARY MAP Preparation of two boundary maps and up to two r~vised boundary maps, with proper certification and then filing three copies of each map. with the County within fifteen (15) days following Resolution of Intention and the Public Hearing. Compensation to prepare the boundary maps is on a Time and Mawrials Basis, not to exceed $2,000. ADDITIONAL MEETINGS AND REIMBURS~-R~ Additional project meetings and project cxp~nses, including printing, binding, mileage and postage. Crime and Malerials Estimate) SEP-07-95 THU 12:31 CITY OF BEAUMONT FAX NO, 9098458483 P. 04 Old Town/Wes~de Community Facilities Dismet Financin4~ Authority August 31, 1995 Pa~e Three ADw}ITION~I. ~'ERVICES AVAII,ABI,P, AT TIlE AUTHORITY' S REOUEST CH) _l~m/ineer's Report: Preparation of an en~r~er's report for submittal to thc Authority. Tax Roll: Preparation of the annual Tax Roll ~ submi~ion to the County. Acquisition Cost Renew: Submit a summary report in ledger format kicndfying reimhmsemcnt eligibility and confirmed cost mounts to the Authority. Prepare policies and procedures as docunmmition for acquisition audit methodology. B$I will invoice the Authority monthly for sea-vices performed dm-ing the previous month. Undisputed invoices are to be paid within 30 days of receipt of invoice. Reimbursable expenses are in addition to the lump sum fee. E~ ,%rviccs shall be provided as authorized by the ~. Fees for Extended Services w~l be on a time and materint~ basis and invoiced based upon tho ~c of Hourly Rates in effect at the time seawires are provided. h is recommended that the Authority obtain a deposit for BSI services of $10,500 from the d~veloper for the preparation of the rate and ~ of appOrtiOnm~lL Th~ work ' will be billed to I1~ Authority it is completecl. When the District issues Bonds, the fees for the Spex:isl Tax Consultar~'s Certificate can be paid from the proceeds of the Bonds. BSI Consultants, Inc. appreciates the opportunity to provide these aces. We arc looking forward lD work with you. Ifthis proposal is acceptable, please sign and return by fax to(619) 451-2846. If there are any questions or if you need additional information, please- call me at (619) 4S1-~100. Sincerely, BSI CONSULTANTS, INC. Vi~e President Old Town/Westside Community Facilities District Financing .Authority AeceptBd by Authority ACK/acc Attachment A SEP-07-95 TILL] 12:32 CITY OF BERIJIIONT FRX N0. 9098458483 P, 05 E~nTeff A 5. 6. 7. EXTENDED b'Y.,RVICES Anendauce at addilionsI AuthoriW approved, Developer or Authority initiated meetings as requested. Prepm2xion of djsphys and/or audio-visual ~, as requested by the Authority or Developers. ~ rnainngs of notices w propcrty owners, and to pxulx, x~y ~ not liste~ on last equaliv_~I roll of the Coumy Asse~or. Preparation of more than three tax formuh iterations of the basic formula. Preparation of maps or diagrams. Pr~m-ing an annual tax wI1 for levy by tim County Any other services desired and aiRberizcd by the Authority. RESPONSIBILITIES OF ~ ATYrtIORITY Designate- a responsible official to rn~nsgc and coordinate the project. Make avnfi~ble to BSI Consulran~ all availnhle dam, information, reports, maps, pl~rt% slx~.'h~rations, and oOaer reasonabk infotmaaon for am proper performance of sezvic~s. All environmental documentation is to be provided by others, Retain a qunlified legal counsel to provide legal advice auring the District process. District process. RESOLUTION NO. FA 95- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED OLD TOWN/WESTSIDE COMMUNITY FACILITI~ DISTRICT FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 1 (OLD TOWN AREA PUBLIC IMPROVEMI~NI~) PURSUANT TO ~ MELLO-ROOS COMMUNITY FACHJTIES ACT OF 1982 ~, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982", stating its intention to form a community facilities district pursuant to the Melio-Roos Community Facilities Act of 1982, as mended (the "Act"), Chapter 2.5 of Pan 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing certain public improvements (the "Facilities"), as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the mount required for the financing-of a portion of the costs of the Facilities to be the sum of not to exceed $5,987,000; and WHEREAS, in order to finance a potion of the costs of said Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed $12,500,000. NOW, THEREFORE, BE IT RESOLVEI), by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed" Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the "District") in the mount of up to $12,500,000 to finance the costs of the Facilities. 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the Facilities, including acquisition and improvement costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permittul by Section 53345.3 of the Act. 3. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed $12,500,000, bearing interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may l~sos\81 -1- be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. 4. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public heating on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall substantially be in the form of Exhibit A hereto. PASSED, APPROVI~J} AND ADOPTED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority at a regular meeting held on the 12th day of September, 1995. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, CMC . Authority SecTetary/City Clerk Rcsos~8 1 -2- STATE OF CALIFORNIA) COUNTY OF RIVERSDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 95- was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 12th day of September, 1995, by the following roll call vote: AUTHORITYMEMBERS: NOES: AUTHORITYMEMBERS: AUTHORITYMEMBERS: June S. Greek, CMC Authority Secretary/City Clerk Resos\81 EXI:~RIT A NOTICE OF PUBLIC HEARING Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) Notice is hereby given that on September 12, 1995, the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention To Incur Bonded Indebtedness of the Proposed Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) Pursuant To The Mello-Roos Community Facilities Act of 1982". Pursuant to the MeHo-Roos Community Facilities Act of 1982 (the "Act') the Board of Directors hereby gives notice as follows: A. The text of said Resolution is as follows: WHEREAS, this Board of Directors has this date adopted its Resolution entitled 'A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982", stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as mended (the 'Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing certain public improvements (the 'FaeilitiesD, as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the mount required for the financing of a portion of the costs of the Facilities to be the sum of not to exceed $5,987,000; and WHEREAS, in order to finance a portion of the costs of said Facilities it is necessary to incur bonded indebtedness in the mount of not to exceed $12,500,000. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old Town/Westsidc Community Facilities District Financing Authority as follows: 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the 'District') in the mount of up to $12,500,000 to finance the costs of the Facilities. Resos\8 1 -4* 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the Facilities, including acquisition and improvement costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345.3 of the Act. 3. This Board of Directors, acting as legislative body for the District, intends to authorize the .issuance and sale of bonds in the maximum aggregate principal mount of not to exceed $12,500,000, beating interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. 4. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general cireuia~on circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall substantially in the form of Exhibit A hereto. B. The hearing referred to in the aforesaid Resolution shall be at the time and place specified in said Resolution. C. At that time and place the testimony of all interested persons, including persons owning property in the area of the proposed community facilities district, will be heard. Dated: , 1995 June S. Greek, CMC Agency Secretary/City Clerk Resos\81 -5- RESOLUTION NO. FA A RESOLUTION OF ~ BOARD OF DIRECTORS OF THE OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO ESTABLI.~H A COMMUNITY FACILITIES DISTRICT NO. 2 AND TO AUTHOItlZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part I of Division 2 of Ti~e 5, commencing at Section 53311, of the California Government Code, this Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the "Authority") is authorized to establish a community facilities district and to act as the legislative body for a community facilities district; and ' WHEREAS, this Board of Directors now desires to proceed with the establishment of a community fac'~ities district (the "District") in order to finance costs of public infrastructure necessary or incident to development in the Westside area of the City of Temecula (the "City"). NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1. This Board of Directors proposes to conduct proceedings to establish a community facilities district pursuant to the Act. 2. The name proposed for the District is Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 2 (Westside Area Public Improvements). 3. The proposed boundaries of the District are as shown on the map of the District On fie with the Secretary, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Secretary is hereby directed to record, or cause to be recorded, said map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in paragraph 10 below. 4. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hemto and by this reference incorporated herein (the "Facilities"). The Board of Directors hereby finds and determines that the public interest will not be served by allowing the property owners in the District to enter into a contract in accordance with Section 53329.5(a) of the Act. Notwithstanding the foregoing, the District may enter into one or more contracts directly Resos~78 -1- with any of the property owners with respect to the construction of the Facilities. The Executive Director of the Authority is hereby authorized and directed to enter into joint community facilities agreements with any entity that will own or operate any of the Facilities, as determined by bond counsel to be necessary to comply with the provisions of Section 53316.2(a) and (b) of the Act. The Board of Directors of the Authority hereby declares that such joint agreements will be beneficial to residents in the area of the District. 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District. issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing llen against all non-exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorera property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners.-' The proposed rate and method of apportionment of the special tax among the parcels of real property within the District and the interests in those parcels, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. This Board of Directors hereby finds that the provisions of Section 53313.6, 53313.? and 53313.9 of the Act (relating to adjustments to ad valorera property taxes and schools financed by a community facilities district) are inapplicable to the District. 6. It is the intention of this Board of Directors acting as the legislative body for the District to cause bonds of the Authority to be issued for the District pursuant to the Act to finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $15,000,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. 8. Except as may otherwise be provided by law or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the District. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from -2- the levy of the special tax described in Exhibit B, this Board of Directors will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to the provisions of the rate and method of apportionment of the special taxes for the District. 9. The Executive Director of the Authority, as the officer having charge and control of the Facilities in and for the District, or his designee, is hereby directed to study said proposed Facilities and to make, or cause to be made, and file with the Secretary a report in writing, presenting the following: (a) A description of the Facilities by type which will be required to adequately meet the needs of the District. (b) An estimate of the fair and reasonable cost of the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith, including the costs of the proposed bond icing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. 10. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the Community Recreation Center, 30875 Rancho Vista Road, Temeeula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special tax. 11. The Secretary is hereby directed to cause notice of said public hearing to be given' by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. 12. The Authority proposes to repay certain landowners within the District, solely from the proceeds of bonds of the Authority issued for the District, funds advanced by such landowners to pay costs of the City and the Authority to form the District. The procedures for such repayment will be set forth in detail in documents to be approved by this Board of Directors following the public hearing on the District referred to above. 13. The firm of Jones Hail Hill & White, A Professional Law Corporation, is hereby confn'rned as bond counsel for the District and any bonds of the Authority for the District, and the fLrm of Berryman & Henigar is hereby designated as special tax consultant to the Authority for the District. The Executive Director is hereby authorized and directed to enter into contracts Resos\78 -3- with said fuTns for their services with respect to the District, in form acceptable to counsel to the Authority and the Executive Director. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority at a regular meeting held on the 12th day of September, 1995. Jeffrey E. Stone, Mayor ATFF_.ST: June S. Greek, CMC Authority Secretary Reaoa\78 -4- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. __ 95- was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 12th day of September, 1995, by the following roll call vote: AUTHORrrYMEMBERS: NOES: AUTHORITYMEMBERS: AUTHORITYMEMBERS:" June S. Greek, CMC, Authority Secretary/ City Clerk Resos\78 -5- EXHIBIT A DESCRHrrlON OF FACHATIES TO BE FINANCED BY THF~ DISTRICT Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 2 (Westside Area Public Improvements) FACHJTIES Construction of a new roadway from the intersection of 1-15 and State Route 79S to Rancho California Road, then generally adjacent to the westerly City limits, inncluding but not limited to the following: 1. acquisition of necessary right-of-way, 2. construction of a bridge over Murrieta Creek and Rancho California Road, 3. construction of sidewalk% curbs and gutters, 4. construction of roadway between the curbs, consisting of an approximately 78 foot wide roadway with an approximately 12 foot wide raised median island, 5. installation of landscaping and irrigation, 6. installation of water system facilities, 7. installation of sanitary sewer system, 8. installation of street lighting system, and 9. construction and/or installation of any facilities or appurtenances incident to any of the foregoing. OTHER Costs of engineering, design, acquisition of land and/or public easements, planning, insurance, legal and accounting expenses and coordination related to the above-listed facilities. Bond related expenses, including underwriters discount, appraisals, reserve fund, capitalized interest, bond counsel, special tax consultant, financing consultant, bond and official statement printing and all other incidental expenses. Administrative fees of the City, the Authority, the District and the Bond trustee or fiscal agent related to the District and the Bonds. A-6 EXitBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES OLD TOWNfWESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY Community Facilities District No. 2 (Westside Area Public Improvements) A special tax shall be levied on each Parcel of land within the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 2 (Westside Area Public Improvements) (the "District"), and collected according to the Special Tax Liability determined by the Responsible Party of the Old Town/Westside Community Facilities District Financing Authority (the "Authority") titrough the application of the following procedures. All of the property within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. It is intended that all special taxes applicable to Parcels be collected in the same manner and at the same time as ordinary ad valorem property taxes, and that special taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes, subject to any covenant for judicial foreclosure with respect thereto in any Fiscal Agent Agreement for any Bonds of the Authority for the District. Notwithstanding the foregoing, the Authority may collect the special taxes at such other times or in such other manner as necessary or convenient to satisfy the obligations of the District. MAXIMUM SPECIAL TAX The maximum special tax that may be levied in the Fiscal Year ending June 30~ 1996 on any Parcel shall not exceed the sum of: pins (D The maximum building special tax rate of $9.00 per building square foot, multiplied times the sum of the Building Floor Area for all buildings on the Parcel; The maximum land special tax rate of $8.00 per land square foot, multiplied times the Land Area of the Parcel. The special tax shall be levied annually. The maximum building special tax and the maximum land special tax shall increase each Fiscal Year from the maximum special tax for the Fiscal Yea ending June 30, 1996 by 2%, compounded annually. A Parcel shall be subject to the maximum special tax for not more than 40 years. In no event shall the maximum special tax on any Parcel used for private residential purposes exceed any limitation imposed under Section 53321 of the California Government Code. ASSIGNMENT TO CATEGOIffES; LEVY ANNUAL TAX CATEGORrI~S On or about July 1 of each year, but in any event in sufficient time to include the levy of the special taxes on the CounW's secured tax roll, the Responsible Party shall determine for each Parcel within the District, whether or not such Parcel is Taxable Property. Parcels subject to levy shall be determined based upon the records of the County Assessor as of the March 1 preceding such July 1. LEVY The Responsible Party shall then determine the estimated aggregate Special Tax Liability for the Fiscal Year commencing such July 1, and levy on each Parcel which is Taxable Property, as follows: Step 1: Determine the total Building Floor Area, for each respective Parcel which is Taxable Property and for all Parcels which are then Taxable Property in the District. Step 2: Calculate the annual building tax rote at 85 % of the Special Tax Liability, divided by the total Building Floor Area for all Parcels which are then Taxable Property. Step 3: Multiply the total Building Floor Area for each respective Parcel which is Taxable Property by the lesser of: (i) the annual building tax rote; or (u) the maximum building special tax rote for the Fiscal Year commencing such July 1. Step 4: Determine the total Land Area, by Parcel and for all Parcels which are then Taxable Property in the District. Step 5: Calculate the annual land tax rote as the lesser of: the Special Tax Liability, less the total of the funds generated for all Parcels which are then Taxable Property under Step 3 above, divided by the total Land Area (by square footage) for all Parcels which are then Taxable Property; or Step 6: Step 7: the maximm land special tax for the Fiscal Year commencing such July 1. Multiply the Land Area for each Parcel which is Taxable Property by the annual land tax rate determined under Step 5. Calculate the sum of the building tax (from Step 3) and the !and tax (from Step 6) for each Parcel which is Taxable Property. PREPAYMENTS Prepayments may be made for property subject to the levy of the special taxes. Any property owner in the District that desires to prepay the annual special taxes on a paxticular Parcel shah notify the Responsible Party in writing of such intention and the estimated amount of prepayment. The entire annual special taxes for any Parcel may be prepaid as follows: (a) The Parcel with respect to which prepayment is to be made must not be ' delinquent in any payment of special taxes previously levied within the District. Irepayment shall not relieve any property owner from paying those special taxes which have already become due and payable, and a Notice of Cessation of Special Tax Lien shall not be recorded against any Parcel pursuant to California Government Code Section 53344, until all special taxes with respect to that Parcel have been paid. (b) The Parcel prepayment amount for a Parcel shall be calculated by the Responsible Party based upon the Present Value Factor of the remaining maximum annual special taxes. DEFINITIONS Administrative Expenses means any or all of the following: the fees and expenses of the Fiscal Agent (including any fees or expenses of its counsel), the expenses of the Authority and the City in carrying out their respective duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of their respective counsel, any fees of the County related to the District or the collection of special taxes, an altocable share of the salaries of the Authority and the City staff directly related thereto and a proportionate amount of Authority and the City general administrative overhead related thereto, any amounts paid by the Authority or the City, respectively, from its own tim& with respect to the District or the Bonds, and all other costs and expenses of the Authority, the City or the Fiscal Agent incurred in connection with the discharge of their respective duties under the Fiscal Agent Agreement and, in the case of the Authority and the City, in any way related to administration of the District. Authority means the Old Town/Westside Community Facilities District Authority. Bonds means any bonds of the Authority issued for the District under Mello-Roos Community Facilities Act of 1982, as amended. Building Floor Area means the area included within the surrounding exterior walls of a building, including each floor of multiple story buildings, exclusive of vent shafts and courts (defined here as open and unobstructed to the sky). The Building Floor Area will be determined by the Responsible Party by reference to City or County approved building plans or other such documentation as the Responsible Party shall determine. City means the City of Temecula. County means the County of Riverside. Debt Service, for each Fiscal Year, is the total annual principal and interest payable on the Bonds during the calendar year which commences in such Fiscal Year, less any capitaliTed interest and any other amounts remaining in the bond fund held under the Fiscal Agent Agreement as of the end of the previous Fiscal Year available to make such payments. District means the Old Town/We~ide Improvement Authority Community Facilities District No. 2 (Westside Area Public Improvements). Fiscal Agent means the Fiscal Agent designated under the Fiscal Agent Agreement. Fiscal Agent Agreement means the agreement by that name approved by the Resolution of Issuance, and as it may be amended and/or supplemented from time to time. Fiscal Year means the period starting on July 1 and ending the following June 30. Land Area means the measure of land area of a Parcel, in square feet of land, rounded up to the nearest whole integer. Parcel means any County Assessors parcel or portion thereof that is within the boundaries of the District based on the equalized tax rolls of the County. Present Value Factor means the factor representing the net present value of future annual special taxes calculated based on a discount rate to reflect the net interest costs on the Bonds, any redemption fees on the Bonds, and applicable Administrative Expenses related to the prepayment. Resolution of Issuance is any Resolution adopted by the Authority authorizing the issuance of Bonds. Responsible Party is any person or persons who the Authority may appoint from time to lime to compute the levy of the special taxes within the District. Special Tax Liability for any Fiscal Year is an amount sufficient to pay Debt Service for such Fiscal Year, Admims'tmtive Expenses for such Fiscal Year, an amount determined by the Responsible Party to offset past delinquencies and projected tax delinquencies to occur in such Fiscal Year and to otherwise replenish any reserve fund established for the Bonds, and all payments required to be made in the applicable Fiscal Year under the Fiscal Agent Agreement for the Bonds and any supplements thereto. Taxable Property is all real property within the boundaries of the District which is not exempt from the special tax pursuant to law, except that the following property shall not be taxed: any acres of land owned, conveyed or irrevocably offered for dedication to and accepted by a public Authority, or land which is a public right of way or which is an unmanned utility easement maldng impractical its utilization for other than the purpose set forth in the easement. EXHIBIT C NOTICE OF PUBLIC HEARING Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 2 (Westside Area Public Improvements) Notice is hereby given that on September 12, 1995, the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority adopted a Resolution entitled ~A Resolution of the Board of Directors of the Old Town/Wes~ide Community Facilities District Financing Authority of Intention To Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Pursuant ToThe Mello-Roos Community Facilities Act Of 1982~. Pursuant to the Mello-Roos Community Facilities Act of 1982 (the ~Act') the Board of Directors hereby gives notice as follows: A. The text of said Resolution of Intention is as follows: WHEREAS, under the Mello--Roos Community Facilities Act of 1982, as mended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, this Board of Directors of the Old Town/Westside Community Facilities District Financing Authority (the 'Authority") is authorized to establish a community facilities district and to act as the legislative body for a community facilities district; and WHEREAS, this Board of Directors now desires to proceed with the establishment of a community facilities district (the ~District") in order to finance costs of public infrastructure necessary or incident to development in the Westside area of the City of Temecula (the "CityD. NOW, THEREFORE, BE IT RF.~OLVED BY the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1. This Board of Directors proposes to conduct proceedings to establish a community facilities district pursuant to the Act. 2. The name proposed for the District is Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 2 (Westside Area Public Improvements). 3. The proposed boundaries of the District are as shown on the map of the District on file with the Secretary, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Secretary is hereby directed to record, or c-8 cause to be recorded, said map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in paragraph 10 below. 4. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference incorporated herein (the *Facilities*). The Board of Directors hereby finds and determines that the public interest will not be served by allowing the property owners in the District to enter into a contract in accordance with Section 53329.5(a) of the Act. Notwithstanding the foregoing, the District may enter into one or more contracts directly with any of the property owners-with respect to the construction of the Facilities. The Executive Director of the Authority is hereby authorized and directed to enter into joint community facilities agreements with any entity that will own or operate any of the Facilities, as determined by bond counsel to be necessary to comply with the provisions of Section 53316.2(a) and (b) of the Act. The Board of Directors of the Authority hereby declares that such joint agreements will be beneficial to residents in the area of the District. 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District, and collected in the same manner as ordinary ad valorera property taxes or in such other manner as this Board of Directors or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District and the interests in those parcels, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. : This Board of Directors hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorera property taxes and schools financed by a community facilities district) axe inapplicable to the District. 6. It is the intention of this Board of Directors acting as the legislative body for the District to cause bonds of the Authority to be issued for the District pursuant to the Act to finance in whole or in part the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $15,000,000, shall bear interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. c-9 12. The Authority proposes to repay certain landowners within the District, solely from the proceeds of bonds of the City and the Authority issued for the District, funds advanced by such landowners to pay costs of the City and the Authority to form the District. The procedures for such repayment will be set forth in detail in documents to be airproved by this Board of Directors following the public hearing on the District referred to above. 13. The fLrrn of Jones Hall Hill & Whim, A Professional Law Corporation, is hereby confirmed as bond counsel for the District and any bonds of the Authority for the District, and the firm of Berryman & Henigar is hereby designated as special tax consultant to the Authority for the District. The Executive Director is hereby authorized and directed to enter into contracts with said firms for their services with respect to the District, in form acceptable to counsel to the Authority and the Executive Director. B. The exhibits to the Resolution which describe the facilities to be financed and the rate and method of apportionment of the special taxes for the district are on fie in the office of the Secretary of the Authority. C. The time and place established under said Resolution for the public heating required under the Act are Tuesday, October 17, 1995, at the hour of 7:00 p.m. or as soon as possible thereafter, in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. D. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the furnishing of the specified types of facilities will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Act. If fifty percent or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the district, or the owners of one-half or more of the area of land in the territory proposed to be included in the district and not exempt from the special tax, file written protests against the establishment of the district and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Directors shall take no further action to create the district or levy the special taxes for period of one year from the date of decision of the Board of Directors, and if the majority protests of the registered voters or landowners are only against the furnishing of a type or types of facilities within the district, or against levying a specified special tax, those types of facilities or the specified special tax will be eliminated from the proceedings to form the district. C-11 E. The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the district. Dated: ,1995 June S. Greek, CMC, City Clerk/ Authority Secretary C-12 RF~OLUTION NO. FA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE Ol,n TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY COMMUNITY FACHATIES DISTRICT NO. 2 (WESTSIDE AREA PUBLIC IMPRO~) PURSUANT TO ~ MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention to Establish a Community Facilities District No. 2 and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982" , stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as mended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing certain public improvements (the "Facilities"), as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the mount required for the financing of a portion of the costs of the Facilities to be the sum of not to exceed $10,000,000; and WHEREAS, in order to finance a portion of the costs of said Facilities it is necessary to incur bonded indebtedness in the mount of not to exceed $15,000,000. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 2 (Westside Area Public Improvements) (the "District") in the mount of up to $15,000,000 to finance the costs of the Facilities. 2. The bonded indebtedness is proposed to be incurred for the purpose of icing the costs of the Facilities, including acquisition and improvement costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345.3 of the Act. 3. This Board of Directors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal mount of not to exceed $15,000,000, bearing interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may Resos\80 -1- be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. 4. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulate! within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall substantially be in the form of Exhibit A hereto. PASSED, APPROVFJ~ AND ADOFrED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority at a regular meeting held on the 12th day of September, 1995. Jeffrey E. Stone, Mayor ATTEST: June S. Greek, CMC Authority Secretary/City Clerk R~sos\ll0 -2- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 95- was duly adopted at a regular meeting of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority on the 12th day of September, 1995, by the following roll call vote: AUTHORITYMEMBERS: NOES: AUTHORITYMEMBERS: AUTHORITYMF~MBERS: June S. Greek, CMC Authority Secretary/City Clerk Resos\80 -3- EXHIBIT A NOTICE OF PUBLIC I:!E~RING Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 2 (Westside Area Public Improvements) Notice is hereby given that on September 12, 1995, the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority adopted a Resolution entified "A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention To Incur Bonded Indebtedness of the Proposed Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 2 (Westside Area Public Improvements) Pursuant To The Mello-Roos Community Facilities Act of 1982". Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") the Board of Directors hereby gives notice as follows: A. The text of said Resolution is as follows: WHEREAS, this Board of Directors has this date adopted its Resolution entitled "A Resolution of the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority of Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982", stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Ti~e 5 of the California Government Code, for the purpose of financing certain public improvements (the "Facilities"), as further provided in said Resolution; and WHEREAS, this Board of Directors estimates the amount required for the financing of a portion of the costs of the Facilities to be the sum of not to exceed $10,000,000; and WHEREAS, in order to finance a portion of the costs of said Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed $15,000,000. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Old Town/Westside Community Facilities District Financing Authority as follows: 1. It is necessary to incur bonded indebtedness within the boundaxles of the proposed Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 2 (Westside Area Public Improvements) (the "District") in the amount of up to $15,000,000 to finance the costs of the Facilities. Resos\80 4- 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the Facilities, including acquisition and improvement costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345.3 of the Act. 3. This Board of Directors, acting as legislatix;e body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal mount of not to exceed $15,000,000, bearing interest payable semi-annually or in such other manner as this Board of Directors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. 4. Tuesday, October 17, 1995, at 7:00 p.m. or as soon as possible thereafter, in the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Directors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the Authority for the District. 5. The Secretary is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District.-' The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall substantially in the form of Exhibit A hereto. B. The hearing referred to in the aforesaid Resolution shall be at the time and place specified in said Resolution. C. At that time and place the testimony of all interested persons, including persons owning property in the area of the proposed community facilities district, will be heard. Dated: , 1995 June S. Greek, CMC, Authority Secretary, City Clerk ResosX80 CITY COUNCIL MEETING ITEM 14 TO: FROM: DATE: SUBJECT: APPROV CITY ATTORNf~ FINANCE OFFIC CITY MANAGE CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director~'' September 12, 1995 Planning Application No. PA95-0066 (Variance) - Appeal Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Commission recommends that the City Council: Adopt a resolution entitled: RESOLUTION NO. 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION, DENYING PLANNING APPLICATION NO. PA95- 0066 TO PERMIT A FIFTY-FIVE (55} FOOT HIGH FREESTANDING FREEWAY ORIENTED SIGN LOCATED AT 29105 FRONT STREET AND KNOWN AS ASSESSOR'$ PARCEL NO. 921-110-030 BACKGROUND The applicant met with Staff prior to the submittal to discuss plans for the sign. Staff recommended that the applicant place the sign (for the proposed restaurant Chic 'N Station) on his parcel near Front Street. Although a flag test would support a sign at forty-five (45) feet in height, staff suggested that the sign be no greater than six (6) feet in height. This is because a six foot high sign would be visible from SR79 South. The applicant already has a fifty-five (55) foot high sign on the adjacent Texaco site. However, the applicant opted to submit the variance request for a fifty-five (55) foot high sign. The Planning Commission denied the variance request by a 4-0 vote at their meeting of August 14, 1995 (Commissioner Ford was absent from the meeting). The Commission discussed the need for signage control and the cumulative impact of tall freeway oriented signs. They also felt that the variance was not warranted because they believe that the sign would still be visible at a lower height. FISCAL IMPACT None. P,:~STAFFRPT~66PA95.CC 8r29195 tnf Attachments: 2. 3. 4. Resolution No. 95- - Page 3 Planning Commission Staff Report: August 14, 1995 - Page 7 Draft Planning Commission Minutes: August 14, 1995 - Page 8 Exhibits - Page 9 R:\STAFFRPT~66PAg$.CC 8129195 mf 2 ATTACHMENT NO. 1 RESOLUTION NO. 95- R:\STAFFR.PT~66PA95.CC 8/29/9,~ mf ~ ATFACHMF2qT NO. 1 RESOLUTION NO. 95- A RESOLIYFION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, UPHOLI)ING T~E DECISION OF THE .PLANNING COMMISSION, DENYING PLANNING APPLICATION NO. PA95-0066 TO PERMIT A FIFFY-FIVE ($b~ FOOT HIGH FREESTANDING FREEWAY OP-IENT!~D SIGN LOCATED AT 29105 FRONT STREET AND KNOWN AS ASSESSOR'S PARCEL NO. 921-110-030 WFrEREAS, Lou Kashmere fried Planning Application No. PA95-0066 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WI~,REAS, Planning Application No. PA95-0066 was processed in the time and manner prescribed by State and local law; WItEREAS, the Planning Commission considered Planning Application No. PA95-0066 on August 14, 1995, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WFI'EREAS, at the conclusion of the Commission hearing, the Commission denied Planning Application No. PA95-0066; WHEREAS, Lou Kashmere filed an appeal to the Planning Commission's decision to deny Planning Application No. PA95-0066 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted' by reference; WttEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA95-0066 on September 12, 1995, at which time interested persons had opportunity to testify either in support or opposition of Planning Application No. PA95-0066; W'ffE~, the City Council received a copy of the Commission proceeding and Staff Report regarding Planning Application No. PA95-0066; NOW, TFI~,REFORE, THE CITY COUNCIL OF ~ CITY OF TEMECULA DOES RESOLVE, DE~ AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. That the Temecula City Council hereby makes the following findings: R:\STA~66PA95.CC 8129/95 mf A. The Variance constitutes a grant of special privileges that is inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated, and which are necessary m protect the health, safety and general welfare of the community. According to a flag test conducted for the Texaco sign (which is approximately 100 feet from the proposed sign and at the same grade), a 45 foot high sign on the site could have visibility from all directions but one. Visibility of the sign was adequate from the southbound lanes of 1-15 and Front Street, and westbound on lower Highway 79. The sign at 45 feet is not visible from the northbound lanes of 1-15. Only the Texaco sign is greater than 45 feet in the area. To allow a sign greater than 45 feet in height would not contribute to the health, safety and general welfare of the community. Further, a sign at six feet in height would be adequate because the sign could be visible from SR79 South at six (6) feet in height and because the applicant already has a fifty-five (55) foot high sign on the adjacent Texaco site B. Them are no special circumstances applicable m this property relating to size, shape, topography, location or surroundings such that the strict :application of the height restrictions for the sign would deprive the property of privileges enjoyed by other property in the vicinity under the same zoning restrictions. The facts justifying this f'mding are described in Section 2.A. Section 3. Environmental Compliance. Planning Application No. PA95-0066 (Variance) is statutorily exempt pursuant to Article 18, Section 15270 of the California Environmental Quality Act (CEQA). CEQA does not apply to projects which a public agency rejects or disapproves. Section 4. Decision. Based upon the findings set forth in this Resolution and the facts presented to the City Council, and upon careful review and consideration of such matters, the City Council of the City of Temecuh hereby denies the variance requested in Planning Application No. PA95-0066. R:\STAFFRl~66PA95.CC 9/5/95 mf 5 Section 4. PASSED, APPROVED AND ADOPTEX} this 12th day of September, 1995. ATTF3T: Jeffrey E. Stone, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I Fl'F,111~.By CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 12th day of September, 1995 by the following vote of the Council: AYES: NOES: ABSENT: CITY COUNCH-MEMBERS: CITY COUNCILMEMBERS: CITY COUNC~ERS: June S. Greek, City Clerk R:\STAFFRFI~66PA95.CC 8/29/95 tiff ATTACHMENT NO. 2 PLANNING COMMISSION STAFF REPORT: AUGUST 7, 1995 R:\STAFFRPT~66PA95.CC 8/29t95 mf 7 MEMORANDUM TO: Planning Commission FROM: Gary Thornhill, Community Development Director DATE: August 7, 1995 SUBJECT: Planning Application No. 95-0066 (Variance) - A variance to Ordinance No. 348, permitting a fifty-five (55) foot high freestanding freeway oriented sign at 29105 Front Street (Chic 'N Station) Prepared by: Matthew Fagan. Assistant Planner RECOMMENDATION: ADOPT Resolution No. 95- 95-0066 (Variance) based contained in the staff report denying Planning Application No. upon the Analysis and Findings PROJECT STATISTICS Proposed Freeway Sign Height: Proposed Sign Square Footage: 55 feet 150 square feet PROJECT DESCRIPTION The proposal is for a 55 foot high freestanding freeway oriented sign. The sign will be internally illuminated and will be two sided. Each side of the sign will be approximately 150 scluare feet in area. Elevations for the sign are included as part of Attachment No. 2. BACKGROUND Planning Application No. 95-0066 was submitted to the Planning Department on July 18, 1995. The applicant met with Staff prior to the submittal to discuss plans for the sign. Staff recommended that the applicant place the sign (maximum six feet in height) on his parcel near Front Street for the proposed restaurant (Chic 'N Station). The applicant has opted to submit the variance request for a fifty-five (55) foot high sign. ANALYSIS Site Analysis The parcel on which the proposed sign would be located is approximately 150 feet from Front Street. Because the parcel is not adjacent to Front Street, the applicant feels the sign does not provide good visibility. The applicant ,requested that he be allowed to place the sign on property adjacent to Front Street. That property is not owned by the applicant. A sign at that location would be considered off-site and is not permitted per Ordinance No. 93-09 (Ordinance R:~STAFF]I.F~66PA95.P~ g/3/95 mf ~ regulating off-site advertising). The applicant requested that the sign be allowed (temporarily) off-site because ultimate improvements to the intersection of Front Street and the Western By- Pass would necessitate the removal of the sign. At that time, he would locate his sign on his parcel. The applicant stated that he would sign an agreement to remove the sign when the improvements were installed. Therefore, Staff could not support this request because the sign is off-site. Staff's recommendations was for a lot line adjustment to bring the sign seventy-six (76) feet closer to Front Street and that the applicant place a "V" shaped sign at the front of the parcel in order to provide visibility from SR79 South and Front Street. Upon conducting a site inspection, Staff has determined that a six (6) foot high sign at this location would not be visible from Front Street but is visible from SR79 South. Ordinance No. 348 Section 19.4 of Ordinance No. 348 regulates on-site advertising structures and signs. According to this Ordinance, the maximum height of a sign shall not exceed 45 feet and the maximum surface area of a sign shall not exceed 150 square feet. Any request higher than 45 feet in height requires a variance per Section 18.27 of Ordinance No. 348. No RaQ Test ReQuired Planning Department policy requires a flag test be conducted for freeway oriented signs. The flag test is conducted in order to determine the lowest height that a freeway oriented sign is visible. Staff did not require a flag test for this project because one was performed previously for a fifty-five (55) foot high sign for Texaco which is adjacent to the project site. The analysis of the flag test conducted for Texaco determined that a 45 foot high sign on the site had visibility from all directions but one. Visibility of the sign was adequate from the southbound lanes of I-15 and Front Street, and westbound on SR79 South. The sign at 45 feet is not visible from the northbound lanes of I-15. Staff feel that this analysis would pertain to the proposed sign for Chic 'N Station, since it is proposed to be located approximately 100 feet from the existing Texaco sign. EXISTING ZONING AND GENERAL PLAN CONSISTENCY Current zoning for the site is M-SC (Manufacturing Service Commercial). Signs and on-site advertising are permitted in the M-SC zone provided a plot plan is approved pursuant to Section 18.30 of Ordinance No. 348. The applicant has submitted an Administrative Plot Plan application concurrent with the Variance application. The General Plan Land Use Designation for the site is Highway Tourist Commercial (HTC). It is likely that~signs will be permitted in the HTC Land Use Designation of the City's Development Code. ENVIRONMENTAL DETERMINATION Planning Application No. 95-0066 (Variance) is statutorily exempt pursuant to Article 18, Section 15270 of the California Environmental Quality Act (CEQA). CEQA does not apply to projects which a public agency rejects or disapproves. P,:~TAFFR.F~66PA95.PC 8/3/941 mf ~ SUMMARY/CONCLUSIONS The applicant is requesting a fifty-five (55) foot high freestanding freeway oriented sign· Any request higher than 45 feet in height requires a variance per Section 18·27 of Ordinance No. 348. It is likely that a 45 foot high sign at this location would have visibility from the southbound lanes of !-15 and Front Street, and westbound on SR 79 South· FINDINGS The Variance constitutes a grant of special privileges, which in Staff's opinion, would be inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated, and which are necessary to protect the health, safety and general welfare of the community. According to a flag test conducted for the Texaco sign (which is approximately 1 O0 feet from the proposed sign and at the same grade), a 45 foot high sign on the site could have visibility from all directions but one. Visibility of the sign was adequate from the southbound lanes of I-15 and Front Street, and westbound on lower Highway 79. The sign at 45 feet is not visible from the northbound lanes of I-15. Only the Texaco sign is greater than 45 feet in the area. To allow a sign greater than 45 feet in height would not contribute to the health, safety and general welfare of the community. Attachments: Resolution No. 95- o Blue Page Exhibits - Blue Page 7 R:L~"TA~PAg$.PC S/3/95 mf 3 ATTACHMENT NO. 3 DRAFT PLANNING COMMISSION MINUTES: AUGUST 7, 1995 (NOT AVAILABLE AT TIME OF PRINTING OF STAFF REPORT) R:\STAR~'I~66PA95,CC 8/29195 m,f ~ ATTACHMENT NO. 4 EXHIBITS R:\STAFFRPT~66PA95.CC 8129195 n~ 9 CITY OF TEMECULA I(TIA; 0 J~O A D _ CASE NO. - PA95-0066 (VARIANCE) EX!~RIT- A PLANNING COMMISSION DATE - AUGUST 7, 1995 R:XSTAFFRPTX66PA95.PC 7124195 mf CITY OF TEMECULA \ /// "- 't/ ~ '~'-'-'-// ~/ // \\. \ ,: // EXHIB1T B - ZONING MAP DESIGNATION - M-SC (MANUFACTURING SERVICE CO1VIM~CIAL) RH \ BP BP H M RH (,~.) VL , t t VL VL HT EXm~IT C - GENERAL PLAN DESIGNATION - HTC HIGHWAY TOURIST CO~CIAL CASE NO. - PA95-0066 (VARIANCE) PLANNING COMMISSION DATE - AUGUST 7, 1995 R:'~TAFFRP~66PA9~.l~ 7/7A./95 mf CITY OF TEMECULA !~i_t- -, {..L_LI' rI i I~'';''~ ' CREEKsIDE ~,{ ~,~ .._AUTOMOTIVE -, ...... PROPC SIGN .... N CASE NO. - PA95-0066 (VANCE) E~gnTRIT- D PLANNING CO1V~VIISSION DATE - AUGUST 7, 1995 SITE PLAN R:~ST~PA95-PC 7/24195 mf CITY OF TEMECULA i~f...7l,#'7II H,0 f::Lo,,~. CASE NO. - PA95-4)0~6 (VARIANCE) EXI:!TRIT - E PLANNING COMMISSION DATE - AUGUST 7, 1995 SIGN ELEVATION R:XSTAFFR.l~66PA95.PC 7r)A/95 aft ITEM 15 APPROVAL CITY ATTORNEY FINANCE OFFIC~U~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Genie Roberts, Director of Finance September 12, 1995 Community Services Funding Request Recommendations RECOMMENDATION: That the City Council review and approve the Community Services Funding requests for fiscal year 1995/96 per the attached table outlining the committee's recommendations in response to the applications received from community based organizations. DISCUSSION: At the meeting of July 11,1995the City Council appointed a Community Services Committee to meet one time to discuss applications for funding. Mayor Pro Tem Lindemans and Councilmember Birdsall were selected to review the applications and forward recommendations to council. On August 16, 1995 the Committee Members: Mayor Pro Tem Lindemans, Counciimember Birdsall, Shawn Nelson, and myself, reviewed the requests for funding based on criteria previously adopted by council. Attached are the committee's recommendations which provide funding to 17 organizations totalling $90,000 from the City . Council's social services funding. FISCAL IMPACT: $100,000. The unencumbered balance in the City Council discretionary account is Attachments: Community Services Funding Program Detail R: INOR TONL tA G END A SI CSFAPP. A GN 08/31/95 ~!~ii~i~:i!~ ~!:z!~!ii~ ooo~ o o o o o o o o :!~i:.~!~i~iii::~o o ~ ~ o :~ .l'). o o o o o ' . o o o~oE-~-o~., o o 0 o ~'~ o 0 u'~ u~ 0 0 -.j 0 o'~ 0 0 0 0 0 0 0 0 0 0 r... 0 0 0 0 u) 0 0 0 0 0 ~ 0 0 0 ul r,,I 0 0 u') 0 411. -~ ,~ ~ c~ ~ -~ c "' · "o~ ..rE ~. o I,- ~ "' E Ifi .e-, rJ n,- :; ._ > ,,,,D ~.~ ~ _i u ,,-E o E .. . ....... .................................. ...............................~ ,~ [ ~ '~c~ '~, ;:m"' ITEM 16 ITEM 17 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT 'City Council Ronald E. Bradley, City Manager ~__~ September 12, 1995 Temecula Library APPROVAL CITY ATTORNEY RECOMMENDATION: That the City Council approve $12,000 for appropriation from General Fund Balance to the City Council Department Budget for expenditure to restore a 48 hour operating schedule at the Temecula Library. ' BACKGROUND: When the County Board of Supervisors approved the 1995-1996 contract with the County Free Library, they authorized approximately $6.8 million for the current fiscal year. This amount was $3.6 million short of the appropriation needed to maintain 1994-1995 service levels. ~ Consequently, the library was forced to reduce spending by approximately 40% through personnel and service hour reductions. All library branches were scheduled to be open fewer hours per week. The local impact was that the Temecula branch was reduced from 48 to 32 hours per week. On July 7th Mayor Stone convened a meeting of interested local officials and library staff to discuss the reduced hourly schedule. The result of that meeting was a request for further financial and operational information from library and County staff and the scheduling of a follow up meeting. The second meeting was held on August 18 and included representatives of the County Board of Supervisors, the School Boards of Temecula and Murrieta, City Council representatives of Temecula and Murrieta, and County and Library staff. A copy of the Minutes of that meeting is attached for your information. A wide variety of possible solutions to permit the library to remain open longer hours were discussed. As an interim solution, representatives of the County Board of Supervisors and both cities indicated they would approach their respective governing boards to request an emergency allocation of $12,000 each to allow the library to return to its former schedule while long term solutions to the schedule were researched. The total $36,000 contribution by the three agencies would allow the library to operate at its former schedule for approximately five months. AGENDA REPORT: TEMECULA LIBRARY PAGE 2 FISCAL IMPACT: An appropriation of $12,000 from General Fund Reserves to the City Council department budget is necessary to fund the city's contribution. Attachment: August 18, 1995 Minutes MINUTES OF A SPECIAL MEETING HELD JOINTLY WITH REPRESENTATIVES FROM THE CITY OF TEMECULA, THE CITY OF MURRIETA, THE TEMECULA UNIFIED SCHOOL DISTRICT THE MURRIETA UNIFIED SCHOOL DISTRICT, AND THE RIVERSIDE COUNTY BOARD OF SUPERVISORS Mayor Jeffrey E. Stone of the City of Temecula called to order a Special Meeting at 9:07 AM on August 18, 1995, Main Conference Room, Temecula City Hall, 43174 Business Park Drive, Temecula, California. Those attending were Mayor Jeffrey E. Stone, Mayor Pro Tem Karel Lindemans, City Manager Ronald E. Bradley, Library Representative Marginia Kelly, and Deputy City Clerk Susan Jones from the City of Temecula, Councilmember Walsh and AI Vollbrecht from the City of Murrieta, Supervisor Kay Ceniceros and Supervisor Bob Buster from the County of Riverside, Rick Shafer and Pat Novotney, Temecula Valley Unified School District, Judy Rosen from the Murrieta School District and Irene Liebenberg, Ron Stump and Barbara Dunmore from the Riverside City and County Public Library. Alternatives for library administration and funding were discussed. It was determined that the City of Temecula, the City of Murrieta and the County of Riverside would approach their respective boards to request a funding level of $12,000 each to restore library service to 48 hours per week. This funding would allow the library to retain these hours for approximately five months while long range solutions are explored. It was also requested" that the library be opened for several hours on Sunday afternoons. A further decision to establish a committee made up of three representatives from each agency to look at long term solutions for library funding, including Grace Mellman from Friends of the Library and representatives from the School Districts. The first meeting of the committee would take place three weeks from today on September 8, 1995, at the Main Conference Room, Temecula City Hall. ADJOURNMENT Mayor Stone adjourned the meeting at 10:24 PM. ITEM 18 APPROVAL TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Community Development Director September 12, 1995 Memorandum of Understanding Concerning Specific Plan #199, BCI/CCL RECOMMENDATION: It is requested that the City Council approve the Memorandum of Understanding, provided that a construction schedule for the Recreation Center acceptable to the Community Development Director is added to the MOU prior to execution, and direct the Mayor to execute the Agreement on behalf of the City and the City Clerk to attest thereto. BACKGROUND: BCI/CCL was the silent partner with Bramalea in the Chardonnay Hills tract (refer to Attachment No. 1 for the Vicinity Map). BCI/CCL has taken over the partnership and will be building out the tract. In Section I of the Memorandum of Understanding (MOU), BCI/CCL has committed to completing the Recreation Center by November 15, 1995 and prior to issuance of occupancy permits for any homes. The Recreation Center has been the center of recent controversy since Bramalea did not complete it in a timely manner. To insure the completion' of the Recreation Center by the above deadline, staff recommends that the developer commit to a construction schedule for the Recreation Center prior to execution of the MOU by the Mayor. This schedule should also be made a part of the Development Agreement that will follow the approval of this MOU. ANALYSIS: The attached MOU authorizes BCI/CCL to obtain 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 such as Costain Homes and-Van Daele Development Corporation. The City is currently negotiating a new Development Agreement between the City and BCI/CCL for this project. Approval of this MOLl will not mandate that the City Council approve the draft Development Agreement, In the event that the City Council denies the draft Development Agreement, the Memorandum of Understanding provides that BCI/CCL will then pay the Public Facilities Fees as provided in the existing Development Agreement No. 5. R:\STAFFRPT~CCL.MOU 9/7/95 sn ]- This MOU will allow the development of homes in the BCI/CCL project to move forward in an expeditious fashion. BCI/CCL is agreeing to pay an Interim Public Facility Fee in the amount of $3,000.00 per unit. The indemnity provisions of this MOU are the same as the MOU between the City and Van Daele. The existing Development Agreement (Riverside County Development Agreement No. 5) contains very broad indemnity language sufficient to protect the City's interests. This MOU 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: Development Agreement No. 5 Fee: Interim Public Facilities Fee to be Collected: 111 Dwelling Units X $5,271 = $585,081 111 Dwelling Units X $3,000 -- $333,000 Attachments: Vicinity Map - Page 3 Memorandum of Understanding - Page 4 R:XSTAFFRP'BCCL.MOU 9/7/95 ATTACHMENT NO. 1 VICINITY MAP R:\STAFFRYI~CCL.MOU 9/'7/95 an 3 CITY OF TEMECULA CASE NO. - SPECIFIC PLAN NO. 199 ATTACHMENT- 1 CITY COUNCIL DATE - SEPTEMBER 12, 1995 VICINITY MAP R:\STAFFRFr~CCL.MOU 9/5/95 sn ATTACHMENT NO. 2 MEMORANDUM OF UNDERSTANDING R:\STAFFRPTXCCL.MOU 9f'//95 sn 4 MEMORANDUM OF UNDERSTANDING CONCERNING PLANNING AREA No. 14 OF SPECH;1C PLAN No. 1~ BCI~CCL VENTURES No. I and No. 2 This Memorandum of Understanding, (the "Memorandum") is made and entered into as of August , 1995 by and between the City of Temecula (the "Cit~') and BCI/CCL Venture No. 1, L.P. ("BCI/CCL No. 1") and BCI/CCL Venture No. 2, L.P. ("BCI/CCL No. 2"), both California limited partnerships (BCI/CCL No. 1 and BCI/CCL No. 2 are collectively referred to a "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 O~n~er (the "Draft Agreement"). B. Owner is developing a residential project in what is known as Planning Area No. 14 of Specific Plan No. 199, Tract Nos. 23100-1 (8 lots); 23100-2 (15 lots); 23100-3 (28 lots); 23100-4 (23 lots); 23101-2 (28 lots); and 23101-3 (9 lots) for a total of 111 lots (collectively, the "Project"). The Project is currently 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-Ranch 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 dated November 7, 1988 (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; and (ii) the entry level nature of the homes to be built in the Project. F: \real \843\30064004\memo5. agm E. 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 development in the Project to a level comparable to RSA Fees. F. The Project has been substantially delayed by reason of adverse market conditions and the pending bankruptcy of Bramalea U.S.A., Owner's predecessor in interest. The parties intend by this Agreement to facilitate new construction within the Project during the remainder of 1995's selling season (late summer and fall) in an effort to obtain lost market momentum for the Project, and avoid the adverse consequences to the Project and City resulting from further delays in implementing the Project. G. The Draft Agreement provides for Owner to pay the sum of Three Thousand Dollars ($3,000.00) 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. H. Owner contemplates commencing construction of the homes for the Project (111 Lots ) prior to acceptance by the City Council of the Draft Agreement. I. Owner intends to immediately commence the completion of the Recreational Facility required incident to the approval of Tract 23103-1 which has been delayed because of adverse market conditions, and complete said facility by November 10, 1995. J. 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. Modification of Fee. 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 Dollars ($3,000.00) per dwelling unit within the Project. 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 then Three Thousand Dollars ($3,000.00) 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 F: \real \843\30064004\memo5. agm - 2 - from the effective date of City Council's action on the Amendment and Restatement of Development Agreement. 2. Fee Deferral. The Interim Public Facilities Fee for all units within the Project shall be deferred until such time as a certificate of occupancy has been obtained for the first production home built in the Project. Upon the issuance of a certificate of occupancy for the first production home within the Project, Owner shall pay to the City the Interim Public Facility Fee for each unit for which such fee had been deferred. 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. Completion of Recreational Facility. (a) Owner shall commence construction of the Recreational Facility required incident to the approval of Tract 23103-1 ("Recreational Facility") on approximately August 15, 1995. Owner shall use commercially reasonable efforts to complete the construction of such facility as soon as practicable, but no later than November 15, 1995. Owner agrees that City shall not issue any certificate of occupancy for any dwelling unit constructed pursuant to any building permit issued on or after the date of this Memorandum, until such time as the Recreational Facility is completed and accepted by the City. (b) Notwithstanding the preceding, Owner's obligations under this paragraph 3 are expressly conditioned upon (i) Owner acquiring title to the Property on which the Recreational Facility is to be constructed, or written permission from the Owner thereof to construct such facility; and (ii) approval by the United States Bankruptcy Court of the Third Amendment to Partnership Agreements for Owner. 4. Indemnity and Cost of Litigation 4.1 County Litigation Concerninq Aqreement. 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. If the County action is against all impacted developments for which the City has lowered the county fees, the F: \real \843\30064004\memoS. agm - 3 -- Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a faction, the numerator of which is the total units owned by Owner which are subject to this Memorandum and the denominator is the total number of units within the City in which the City has lowered the County Fees. If the County action is only against Owner with respect to this Memorandum, and not against other impacted landowners for which the City has lowered the County fees, then Owner's defense costs shall be 100% of the attorneys' fees and costs for defense of the litigation. 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) 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 (by final judgment of a court of competent jurisdiction) 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. As a matter of agreement between BCI/CCL No. 1 and BCI/CCL No. 2, all costs are associated with indemnity set forth in this paragraph 4 , or liabilities described in paragraphs 4.2 and 4.4 below, shall be divided between such parties sixty percent (60%) to BCI/CCL No. 2 and forty percent (40%) to BCI/CCL No. 1. 4.2 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 and a trial court determines by final judgment or order that the 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 amount paid by City. 4.3 County Prevails in Litigation - Severabillty. In the event the County prevails at the trial court level against the City or the Owner as described in Section 4.1 of this Memorandum, the amount of the Interim Public Facilities Fee or the City F: \real \843\30064004\memoS. agm -4 -- Public Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County (or such lesser amount as determined by the Court). In the event his 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 amount 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. 4.4 Third Party Litigation Concernin~ AQreement. 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, which claim, action or proceeding is based upon this Memorandum. 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. 4.5 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 final action 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. 5. Rancho California Road Fund. Owner and City acknowledge and agree that no building permits for any dwelling unit within the Project shall be issued by the City until such time as the Rancho California Road Fund has been funded, as required by the terms of the agreement establishing such Fund. IN WITNESS WHEREOF, the parties executed this Memorandum as of this day August, 1995. By: CITY OF TEMECULA Jeff Stone, Mayor F: \real \843\30064004\memo5. agm -5 - ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney BCI/CCL VENTURE NO. 1, L.P. California limited partnership and BCI/CCL VENTURE NO. 2, L.P., a California limited partnership BY: CCL CHARDONAY HILLS, INC., a California corporation, their General Partner By Its F: \real \843\30064004\memo5 .agm --6-- ITEM 19 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council June S. Greek, City Clerk September 12, 1995 Designation of Voting Delegate for League of California Cities Annual Conference RECOMMENDATION: Designate a voting representative and an alternate. BACKGROUND: Each year at the League Annual Conference the member cities are asked to designate the voting delegate and alternate. Every member city is entitled to one vote in matters affecting municipal or League policy. The business meeting will be held on Saturday, December 2, 1995 at the congress of Cities in Phoenix, Arizona. If it is not possible for a member of the City Council to be present the Council may designate a city official who is attending the conference. I have attached the memorandum from the League President which further elaborates: on the voting procedures. · .FISCAL IMPACT: None ATTACHMENTS: California Cities Memorandum from Donald J. Borut, Executive Director, League of JSG R:~egende.r~t%LOCCvete I To: 1995 CONGRESS OF CITIES -- PHOENIX, ARIZONA Chad'man. Credenliab Commatree Nalenal League oI Cile$ 1301 Pennsylvania Avenue, N.W. WashingIon, O.C. 20004 FOR 0FFtCE USE The Officsat vottng delegate and alternales for the City of FOR OFRCE USE ONLY FOR OFRCE USE ONLY Ad,. Cmd. VOTING CARD ISSUED TO On-Sile Cred. Recofd I0 # Skinature VOTING DELEGATE ], NAME TITLE CITY STATE are as loHows: 0 FOR OFFICE USE ONLY FOR OFFICE USE ONLY Adv. Cred. Adv. Cred. On-Site Czed. __ On-Sale Crnd. __ Record ID #__ . Record lO ,f NAME TITLE CITY STATE ALTERNATE VOTING DELEGATES 3. NAME TITLE CITY STATE S~gned by: Title: Date: NOTE: Each direct member city is entitled to one voting delegate end two alternate veilfig delegates. The num~of of votes w1Qich Con be Cast is based on the Clly's population as detertamed m 1he 1990 Census. 1 PLEASE DO NOT FILL IN SHAOED AREA. THIS IS FOR NLC OFFICE USE ONLY Z. PieHe type or print your city name wi the Space provmld 3. Pieuse type or pnnt the name, trite, c~ty. and state of Yetrag delegate and alternate(s). 4 Please sign the IVOR__Y form end return to Chaa~nan. CtedeflfmL$ Cenlmettee; send the BLU.__.~E copy to your State Leaque Directof; and keep WHITE copy for ypof record. August 18, 1995 MEMORANDLrM To: From: Subject: National 1301 Pennsylvania Avenue N.W. League Washington, D.C. of 20004 CRies (202) 626-3000 Fax: (202) 626-3043 City Clerk/of Direct Member Cities Donald J. Borut, Executive Direc~'~l/-Af{~ '~~ Officers Voting and Alternate Voting Delegates. Annual Congress of Cities, November 29 - December 2, 1995, Phoenix, Arizona DUE OCTOBER 6. 1995 The National League of Cities' Annual Business Meeting will be held Saturday, December 2, 1995 at the Congress of Cities in Phoenix, Arizona. Under the Bylaws of the National League of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of this memorandum shows the breakdown of votes by population categories. To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached form which will be forwarded to NLC's Credentials Committee. NLC's Bylaws expressIv prohibit .votine bv oroxy. Thus, the designated voting delegates must be present at the Annual Business Meeting to cast the city's vote or votes. To enable us to get your credentials in order and to provide your voting delegates with proposed National Municipal Pol icy amendments and proposed Resolutions prior to the Congress of Cities, we ask that you return the IVORY copy of the completed form to NLC on or before October ' 6, 1995. A pre-addressed envelope is attached. Upon receipt of these names, NLC will send each voting and alternate voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting. To assist your state municipal league in selecting delegates to cast votes on behalf of the state municipal league, please forward the BLUE copy of the credential form to your state league office and keep the WHITE copy for your records. A list of the state leagues is enclosed. If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3020. Pelt Prelki~l: F. eRI Herdson, Mayor. Scotfermi Ne~. NOrm Caroline · Gla~d8 E. I'k)od, Mayor. OrlanOo. Florida · CI~ Reyn~il, Councilwoman-a-Large. Denver. Colorado · DOectwx: LuCy T. Nleft, Mayor. Louts~mjrg, Norm Carolina · Karen Anderson, Mayor. Minnetonka. MinnesoTa · Clarence E. Anthony, Mayor, South Bay. Flonda · Ann Azlrl. Mayor. Fort Collint Colorado · LoCk P. Belchurn, Sr., Councilman. Youngstown, Oha) · Oen BenNnghmen, Execulwe Director, League Of Calilornm Cities · Larl Billely, Counc~lmemlxr. Mortrove. Califom~ · Eddie L llankenshlp, City Councfi Pfes,,dent. Birrmngnam. Alabama - John W. Butt. Councilmember. ChesaDeak. e. Virginia · CIIt Clallen, ExecutNe Director. Wyoming Assooatton of MunK~Dalffies · Larry R. CUrilL Mayor. Ames. IOwa · J~hn Divine. Cornmismoner. Saline. Kansas · Alvtn P. DuP0nt, Mayor. TuscaloosL Alaj~ma · RIchlrfl J. i Mayor, Trotwood. Ohio · James C. Hunt, Counc;irnefT~er. Clark.fDurg, West Virgrnla · Sleven L Jlffily, Executwe DirecTor. Vermont League of Citjes artcI Towns · Welter F. Kelly, TOwn COUnGI PresiOent, Fishe~. In(liane · llene an, Mayor. Lauderhill. Florida · Sylvia L. Lov~y, Execu~ve Director. Kentucky Leigue of CRies · MalyInn MII11fiey, City CUuncd Presi(Xnt. Detroit. Micmgan · Christopher K. McKenzle, Executive Director. League of Kansas MuniciDalitias * Theme M. ktno, Mayor. Boston. Massachusetts · WIll D. Minter, Mayor Pro Tern. Oak Ridge. Tennessee · David W. ire, Mayor, Baaurnont, Texas · Thinhal F. M0reles, Jr., Councfimem~er, Avon~ale, Artzone · Kathy M0ms, Mayor. San Mam0s. Texas · Kathryn Neck, Mayor, Pin,t, California · Jemel P. Nix, Mayor. FaimoO e. Nailarea · Mlcheel J. Quinn, ExecutNe Director, |nclk~na ASsooabon of Cities and Towns · CUrolyn Fitto, CounolrnerrVDer. Turtock. Calilornsa * Bill Fieveil, Mayor. DyerslxJrg. Tennessee · Nl~e IL Sincttez, Councji Meml:)er. Port Huron. Midq~gan · AIk:=e Schlanker, Mayor. La~e Oswego, Oregon · Wineton Seedel, Mayor Pro Tern. Roc~ Hill. South Caroline · J(IW F. Slnklawic, Mayor. Loves Par~. Iltinols · Jow A. Swell ExectjtNe Director. Tennessee Ivlunicspal League * Meltart B. TIIco, Coum. PhiladelDhiL Pennsyivar, a · Max W. WetIs, Councdmernber. Dam. Texas · Thomas L Werth, Mayor. Rochester. ~ · Don Zlntlnentln, ExeculNe Director, Arkansas MunN~oal League Recycted Paper NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES Number of Votes - Direct Member Cities Article IV. Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: CITY POPULATION (*per 1990 census) Under 50.000 50.000 - 99.999 100,000 - 199,999 200,000 - 299,999 300,000 - 399~999 400.000 - 499.999 500,000 - 599,000 600,000 - 699,000 700.000 - 799.000 800,000 - 899,000 900.000 and above 1 vote 2 votes 4 votes 6 votes 8 votes 10 votes 12 votes 14 votes 16 votes 18 votes 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council June S. Greek, City Clerk September 12, 1995 Designation of Voting Delegate for National League of Cities Annual Conference RECOMMENDATION: Designate a voting representative and an alternate. BACKGROUND: Each year at the League Annual Conference the member cities are asked to designate the voting delegate and alternate. Every member city is entitled to one vote in matters affecting municipal or League policy. The business meeting will be held on Saturday, December 2, 1995 at the congress of Cities in Phoenix, Arizona. If it is not possible for a member of the City Council to be present the Council may designate a city official who is attending the conference. I have attached the memorandum from the League President which further elaborates on the voting procedures. FISCAL IMPACT: None ATTACHMENTS: of Cities Memorandum from Donald J. Borut, Executive Director, National League JSG R:\agenda.rpt\LOCCvote I TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council June S. Greek, City Clerk September 12, 1995 Designation of Voting Delegate for League of California Cities Annual Conference RECOMMENDATION: Designate a voting representative and an alternate. BACKGROUND: Each year at the League Annual Conference the member cities are asked to designate the voting delegate and alternate. Every member city is entitled to one vote in matters affecting municipal or League policy. The business meeting will be held on Saturday, December 2, 1995 at the congress of Cities in Phoenix, Arizona. If it is not possible for a member of the City Council to be present the Council may designate a city official who is attending the conference. I have attached the memorandum from the League President which further elaborates on the voting procedures. FISCAL IMPACT: None ATTACHMENTS: California Cities Memorandum from Donald J. Borut, Executive Director, League of JSG R:\agenda.rpt\LOCCvote 1 NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES Number of Votes - Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: CITY I~()!~UI,ATI()N (*l~er 1990 census) t ;nclcr 50.()()0 5().000 - 99.999 1()0,{)00 - 199.999 200,000 - 299,999 300,000 - 399,999 400,000 - 499,999 500,000 - 599,000 600,000 - 699,000 700,000 - 799,000 800,000 - 899,000 900,000 and above NUMI;I:.R ()F V()TES 1 vote 2 votes 4 vOleS 6 votes 8 votes 10 votes 12 votes 14 votes 16 votes 18 votes 20 votes Note: Member cities are required by the Bylaws to cast unanimous votes. August 18, 1995 MEMORANDU/M To: From: Subject: National 1301 Pennsylvania Avenue N.W. League Washington, D.C. of 20004 CIties (202) 626-3000 Fax: (202) 626-3043 City Clet'kg of Direct Member Cities Donald J. Borut, Executive Dire~~ Officers President Camlyn Long Banks Councikvoman-at-Large, Atlanta, Georgia First Vice PresSeat Gregory S. Lashutka Mayor, Columbus, Ohio Second Vice President Glenda E. Hood Mayor, Odando, Rodda Immediate Past President Sharpe James Mayor, Newark, New Jemey Executive Director Donald J. Bofut Voting and Alternate Votin~ Delegates, Annual Congress of Cities, November 29 - December 2, 1995, Phoenix, Arizona DUE OCTOBER 6, 1995 The National League of Cities' Annual Business Meeting will be held Saturday, December 2, 1995 at the Congress of Cities in Phoenix, Arizona. Under the Bylaws of the National League of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of this memorandum shows the breakdown of votes by population categories. To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached form which will be forwarded to NLC's Credentials Committee. NLC's Bylaws expressly prohibit voting by proxy. Thus, the designated voting delegates must be present at the Annual Business Meeting to cast the city's vote or votes. To enable us to get your credentials in order and to provide your voting delegates with proposed National Municipal Policy amendments and proposed Resolutions prior to the Congress of Cities, we ask that you return the IVORY copy of the completed form to NLC on or before October 6, 1995. A pre-addressed envelope is attached. Upon receipt of these names, NLC will send each voting and alternate voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting. To assist your state municipal league in selecting delegates to cast votes on behalf of the state municipal league, please forward the BLUE copy of the credential form to your state league office and keep the WHITE copy for your records. A list of the state leagues is enclosed. If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3020. Past Presidents: Ferd Harrison, Mayor, Scotland Neck, North Carolina · Glands E. Hood, Mayor, Orlando, Florida · Calhy Reynolds, Councilwoman-at-Large, Denver, Colorado · Directors: Lucy T. Allen, Mayor, Louisburg, North Carolina · Karen Andersen, Mayor, Minnetonka, Minnesota · Clarence E. Anthony, Mayor, South Bay, Florida · Ann Azarl, Mayor, Fort Collins, Colorado · Lock P. Beachum, Sr., Councilman, Youngstown, Ohio · Don Bennlnghoven, Executive Director, League of California Cities · Lara Blakely, Councilmember, Monrovia, California · Eddie L. Blankenshlp, City Council President, Birmingham, Alabama · John W. Butt, Councilmember, Chesapeake, Virginia · Carl Classen, Executive Director, Wyoming Association of Municipalities · Larry R. Curtis, Mayor, Ames, Iowa · John DIvine, Commissioner, Salina, Kansas · Alvln P. DuPont, Mayor, Tuscaloosa, Alabama · Richard J. Haas, Mayor, Trotwood, Ohio · James C. Hunt, Councilmember, Clarksburg, West Virginia · Stevan E. Jeffrey, Executive Director, Vermont League of Cities and Towns · Walter F. Kelly, Town Council President, Fishers, Indiana · liens Liebarman, Mayor, Lauderhill, Florida · Sylvia L. Lovely, Executive Director, Kentucky League of Cities · Maryann Mahaffey, City Council President, Detroit, Michigan · Christopher K. McKenzle, Executive Director, League of Kansas Municipalities · Thomas M. Menlno, Mayor, Boston. Massachusetts · WIll D. Minter, Mayor Pro Tern, Oak Ridge, Tennessee · David W. Moore, Mayor, Beaumont, Texas · Thomas F. Morales, Jr., Councilmember, Avondale, Arizona · Kathy Morris, Mayor, San Marcos, Texas · Kathryn Nack, Mayor, Pasadena, California · Jams P. Nix, Mayor, Fairhope, Alabama · Michael J. Qulnn, Executive Director, Indiana Association of Cities and Towns · Carolyn Ratto, Councilmember, Turlock, California · BIll Revell, Mayor, Dyersburg, Tennessee · AIIcla M. Sanchsz, Council Member, Port Huron, Michigan · Alice Schlenker, Mayor, Lake Oswego, Oregon · Winston Searles, Mayor Pro Tem, Rock Hill, South Carolina · Joseph F. Slnklawlc, Mayor, Loves Park, Illinois · Joseph A, Sweat, Executive Director, Tennessee Municipal League · Marlan B. Tasco, Councilwoman, Philadelphia, Pennsylvania · Max W. Wells, Councilmember, Dallas, Texas · Thomas L. Werth, Mayor, Rochester, Michigan · Don Zlmmerman, Executive Director, Arkansas Municipal League Recycled Paper ITEM 20 CITY ATTORNA;YPROV~ CITY OF TEMECULA AGENDA REPORT TO: FROM: City Council/City Manager Gary Thornhill, Community Development Director~F/ DATE: September 12, 1995 SUBJECT: Award of a Professional Services Contract to Urban Design Studio to Prepare Citywide Design Guidelines Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION: 1. Award a Professional Services Contract to Urban Design Studio to Prepare Design Guidelines in the amount of $37,510 Authorize Mayor to Execute Contract and the City Clerk to Attest Appoint members to the Design Guidelines Advisory Committee BACKGROUND The City Council adopted the General Plan on November 9, 1993. Included within the General Plan is the Community Design Element. This Element provides goals and policies that address -' the City's visual form and character from both a city-wide and focused subarea basis. The Element also calls for the preparation of detailed design guidelines which will provide for site, architecture and landscape design standards for both future development and modifications to existing development. These guidelines will be used City-wide, with the exception of the area covered by the Old Town Specific Plan. In May of 1995, the City of Temecula Planning Department issued a Request for Proposals (RFP) to consulting firms to prepare Design Guidelines. In response to the City's request, ten firms submitted proposals. Planning Manager Debbie Ubnoske, Senior Planner John Meyer, Senior Planner David Hogan and Assistant Planner Craig Ruiz reviewed all ten proposals and ranked the firms based upon their expertise and ability to prepare the guidelines. The top five firms where then interviewed by Councilmember Pat Birdsall, Planning Commissioner Andrew Webster and Senior Planner John Meyer. The interview panel rated Urban Design Studio (UDS) as the preferred firm. Staff then met with UDS to discuss, negotiate and finalize the proposed scope of work and costs of the project. In addition to being the top rank firm, UDS also submitted the lowest bid of the ten responding firms. Once the contract is awarded, staff recommends that the Council appoint one Councilmember to the Design Guidelines Advisory Committee. Staff further recommends that the committee R:~RUIZC',ST~ESIGNGL.AWD 8/31/95 cdr consist of one Councilmember, two Planning Commissioners (Commissioners Webster and Miller have previously been appointed), and three members of the public. It is also staff's recommendation that Council direct staff to appoint three members of the public to the advisory committee. If so directed, staff would appoint members familiar with the design and development process in Temecula. As an alternative, the Council may nominate and appoint committee members at their next Council meeting. If the Council chooses this option, each Councilmember should bring the names of two people to nominateto the September 26, 1995 Council meeting. As outlined in the scope of work (see Attachment "A"), committee members would attend a minimum of on field trip and three meetings to review the draft guidelines and provide comments and recommendations. FISCAL IMPACT The approval of the contract will result in the expenditure of $37,510. This amount has been budgeted for in the Planning Department's current fiscal year budget. Attachments: 1. Scope of Work 2. Project Time Line R:~Rt/IZC~STAFFRF~DES[GNGL.AVV'D 8131195 cdr ~} ATTACHMENT NO. 1 SCOPE OF WORK R:~RUIZC'~STA~SIGNGL.AWI) 8131195 cdr 3 I!! "EcE vE 'echnical Approach If selected to undertake this project, Urban Design Studio will conduct the study according to the work program described below. The work program assumes that City staff will provide advisory assistance regarding policies and procedures and will provide available plans, maps, reports, and other such information as needed for the study. We will also need staff to coordinate the two public workshops and the Planning Commission/City Council hearings. Throughout the work program we have identified a number of meetings, workshops, .and public hearings. In accordance with the City's RFP, we have included only those meetings in our professional fee. As requested, all additional meetings, workshops, and public hearings will be attended on a time and materials basis. The number of meetings, workshops, etc. proposed in the following work program is the minimum recommended complete the program in an efficient manner. Also, we acknowledge that the time frame for preparing the Village Center Design Guidelines may not coincide with the preparation of the City-Wide Design Guidelines Manual and that the preparation of a working paper on the Village Center concept may be necessary to coordinate with other staff before finalization. TASK 1.0 - PROJECT INITIATION TASK 1.1-SCOPE REFINEMENT The consultant team's project manager will meet with City staff to review and refine a final work program. Schedule milestones will be discussed and finalized as well as preferred future meeting dates, times, and methods for obtaining required information. (Completed) TASK 1.2- BACKGROUND MATERIALS The consultant team will meet with City staff to obtain plans, reports, ordinances, and studies applicable to the project. We will specifically gain an understanding of any current "in-house" design guidelines and established review procedures. We will provide the staff with a list of desired materials prior to the meeting. Materials may include: · General Plan Land Use and Community Design Element · Zoning Ordinance (including signs and landscaping) · Existing Design Standards/Guidelines Contained in Specific Plan (otherthan Old Town) · Any Adopted Specific Plans (which contain good design guidelines) · Four Recent PC Staff Reports (where design was an issue) · Street Tree List (if one exists) · City Base Maps with Village Centers identified City of Temecula Proposal for City-Wide and Village Center Design Guidelines II1-1 I!! Technical Approach TASK 1.3 - DESIGN RECONNAISSANCE FIELD TRIP One of the most overlooked components of preparing guidelines is to gauge the City's values regarding urban design. We will request the City staff set up a time (concurrent with Tasks 1.1 and 1.2) to conduct a vehicular field trip. What will be important to ascertain is the level of detail or scrutiny that the staff feels comfortable with in the Village Center design guidelines. We propose a pre-field trip with City staff in the morning, to be followed by another in the afternoon. Advisory Committee members will attend the afternoon trip only. TASK 1.4 - DESIGN GOALS AND OBJECTIVES The establishment of goals and objectives will direct the "posture of the study." The project team will meet with staff to discuss their expectations. After a general consensus has been reached, the consultant will prepare a preliminary list of goals and objectives for the Design Standards Manual. This task does not have to be time consuming, but the consultant team feels its completion is imperative. PRODUCTS: No Physical Products At this Stage Will Be Submitted city of Temecula Proposal for City-Wide and Village Center Design Guidelines 111-2 !!1 Technical Approach TASK 2.0 - PREPARATION OF PRELIMINARY DESIGN MANUAL DRAFT The purpose of this phase is to develop a design manual useful to the City and property owners to direct communi~/design decision. This phase includes review and revision of draft documents to assure that the product is both understandable and acceptable to staff. TASK 2.1 - OUTLINE OF DESIGN MANUAL As a preliminary step, a draft outline of the Design Guidelines Manual will be prepared and submitted for review and comment by staff. Staff will transmit one red ink copy of final changes to the consultant within two weeks. Verification of a final outline will occur. TASK 2.2 - DRAFT DESIGN MANUAL Urban Design Studio will prepare a draft text of the Design Manual based on discussions with staff and their revisions to the outline of the Design Manual. Due to the variety of land uses which require design guidelines, Urban Design Studio feels it is best to break up the guidelines into subsections as follows. Commercial Guidelines These guidelines will address the site planning and architecture of different commercial types. The design principles for each type may somewhat overlap one another; however, specific design criteda must be developed for each building type to be truly effective. The City has existing guidelines for Old Town, so these are not included here. To be different fromthe Village Center's "paradigm" guidelines, these guidelines will focus on typical commercial types such as: · Commercial Thoroughfare · Mini Malls · Automotive Drive-Thru · Shopping Centers (10 acre plus) · Hotels · Gas Stations · Churches City of Temecula Proposal for City-Wide and Village Center Design Guidelines i!1-3 Iil Technical Approach The manual itself will be a combination of design principles, design guidelines, and design standards. The structure and contents of the Commercial Guidelines will be essentially as follows. Site Plannine · building placement · setbacks · land use buffering · service areas · infill construction · relationship to adjoining properties Circulation · vehicular circulation' · inter-intra site circulation · pedestrian circulation standards · parking space size and design requirements (per code) · driveway throat design standards · handicapped provisions · "queuing" setback Architecture · design issues relative to building materials · architectural compatibility · appropriate and inappropriate building materials · color (if appropriate) (prohibit bizarre colors?) · mass and bulk · mechanical equipment/accessory structures · roofs and rooftop equipment (location, type, screening) · wall standards · storefront design basics · awnings city of Temecula Proposal for City-Wide and Village Center Design Guidelines 111-4 Iil Technical Approach Landscapin~l · minimum coverage · planter width · minimum plant sizes · existing landscape retention · tree list for vadous circumstances · street · commercial parking lots · accent trees Arterials Streetscape Concept · tree species · groundcover · relationship to established street theme · cross sections · special materials Multi Family Residential DeskIn Guidelines These guidelines will address the major issues associated development including relationship to adjacent uses, building architectural variety, materials, roofs, open space, etc. Site Planning · planning for streetscape variety · varied setbacks · clustering and massing · open space minimums/locations · site furnishings (walls, mailboxes) · hillside development Architecture · elements to avoid/encourage · massing, scale, and articulation · acceptable/unacceptable materials · colors · roofs ·'windows · · other architectural elements and details with multiple family massing and scale, City of Temecula Proposal for City-Wide and Village Center Design Guidelines II! Technical Approach Landscape Desian · percent coverage · fences and walls · placement-in important locations Industrial Guidelines These guidelines will focus on the physical site planning aspects of industrial development. The focus will be placed on appropriate setbacks, buffers, and screening techniques. Architectural guidelines will quite be general in nature due to construction practices normally associated with this type of development. These guidelines will include: Site Plannincl · building to street orientation · site access · storage setbacks/screening · loading facilities standards · screen walls Parkincl · loading areas standards · visitor vs. employee parking · entry standards · minimum circulation standards · entry width standards Arch itectu re · basic form · roof and roof equipment · wall articulation · building entry emphasis · color · inappropriate building materials Landscape · buffering · shade trees · arrangements City of Temecula Proposal for City-Wide and Village Center Design Guidelines 111-6 ill Technical Approach TASK 2.3 - VILLAGE CENTER DESIGN GUIDELINES The intent of the Village Center Concept is to provide opportunities for development of mixture of commercial and residential uses that will minimize,vehicular circulation tdps, avoiding sprawling commercial development, and offer incentives for high quality urban design. While there are eight Village Centers, only the remaining five which haven't been built out will be the subject of these guidelines. While not fully realized at this point, Urban Design Studio proposes a general palette of design concepts for a Village Center area. These include: · neo traditional town center principles · generalized street layouts which encourage automobile use .' · mixture of uses (vertical and horizontal) · shared parking facilities · mix housing types · developing a sense of "core" · degrees of intensification for transit options · pedestrian odented design/connections/linkages · street and roadway standards · pedestrian spaces in commercial development It is anticipated that this section of the guidelines will be illustrative concepts in nature since all Village Centers will have their own theme/design. TASK 2.4 - ADMINISTRATIVE DRAFT Urban Design Studio will prepare a partially illustrated draft for initial staff reviews. While most graphics may be complete, there may be a few unfinished. In order to move the project in an expeditious manner, it is recommended that City staff take no more than three weeks with the administrative draft. Staff must articulate their modifications succinctly and directly. Editorial comments should be minimized in favor of direct modifications. Significant time consuming staff modifications to this draft must be avoided. Therefore, it is important for staff to provide one clearly modified copy to the consultant which articulates compilation of various reviewers modifications. TASK 2.5 - PRELIMINARY WORKSHOP DRAFT Urban Design Studio will prepare a fully illustrated preliminary workshop Draft of the Design Guidelines Manual which incorporates staff comments. Staff review of their recommended modifications of the Administrative Draft are checked. Subject of Advisory Committee Meeting #3. City of Temecula Proposal for City-Wide and Village Center Design Guidelines 111-7 !!1 Technical Approach TASK 2.6 - PUBLIC WORKSHOP DRAFT The subject of the Public Workshop, the Workshop Draft, will be prepared and distributed for review by interested parties. City staff will be responsible for all copies. TASK 2.7 - PUBLIC HEARINGS DRAFT Following the public Workshop on the Design Guidelines Manual, staff and consultant will meet to share the "public's" suggested modifications to assure consistency. Urban Design Studio will prepare one camera ready original of the Public Headngs Draft for staff distribution. The public hearings draft will not be modified until after the City Council has concurred adoption. PRODUCTS: Outline of Design Guidelines Manual Administrative Draft (original) Preliminary Workshop Draft (original) Public Workshop Draft (original) Public Hearings Draft (original) city of Temecula Proposal for City-Wide and Village Center Design Guidelines III - 8 III Technical Approach TASK 3.0 - PUBLIC PRESENTATIONS AND WORKSHOPS TASK 3.1 - COORDINATION WITH STAFF Throughout the planning process it will be important to keep appropriate City staff members informed and involved in preparation of the Design Guidelines Manual. This not only helps to avoid major surprises along the way but provides an ongoing vehicle for staff input. in addition, the consultant will provide the Citys project manager with progress reports through telephone conversation, fax, or letter. The purpose of this task is to provide a regular means of communication between consultant and the City's project manager. '- TASK 3.2 - WORKSHOPS/PRESENTATIONS Early in the process we plan to meet with the Advisory Committee in order to ensure proper project initiation. Following completion of the preliminary draft Design Guidelines Manual we plan several presentation/discussion workshops to review and amend the document per staff and Advisory Committee input. Advisory Committee Workshop #1 Project orientation, identification of issues in general, discussion of overall goals, discussion of level of detail. Advisory Committee Workshop #2 Review and adopt preliminary Outline of the Design Guidelines Manual, identification of issues related to specific planning areas. Advisory Committee WorkshoD #3 Review comments in Preliminary Workshop Draft. Public WorkshoD Presentation of Public Workshop Draft Design Guidelines Manual. City of Temecula Proposal for City-Wide and Village Center Design Guidelines 111-9 II! Technical Approach TASK 3.3 - PUBLIC HEARINGS Following completion of any amendments/changes to the final draft Design Guidelines manual recommended by the public in the Public Workshop, the consultant team will present the Public Hearing Draft Design Guidelines Manual at one public hearing each before the Planning Commission and City Council. It is not anticipated that interim revisions will be made to draft documents between public hearings. Any changes recommended by the Planning Commission will be recorded in a memorandum to the City Council prepared as part of the staff report with input from the consultant. PRODUCTS: No Physical Products City of Temecula Proposal for City-Wide and Village Center Design Guidelines Iil- 10 III Technical Approach TASK 4.0 - PREPARE FINAL DESIGN GUIDELINES MANUAL This task incorporates all necessary final revisions to the Design Guidelines Manual following approval by the City Council. All documents will be provided to the City in final camera-ready form. TASK 4.1 - COMMENT INCORPORATION The City's project manager will edit adopted changes following the City Council Public Hearing and provide the consultant with a "red ink" edited copy of the complete Manual. Requested changes should be specific and as detailed as possible. TASK 4.2 - FINAL DOCUMENT Following receipt of the staff's final edited copy of the Public Headng Draft, the consultant team will prepare the final Design Guidelines Manual. Following these revisions, it is not anticipated that further modifications should be necessary. If, by chance, changes am initiated, the consultam team will complete subsequent modifications as on a time and materials basis (extra to contract). TASK 4.3 - VILLAGE CENTER CONCEPT WORKING PAPER Urban Design Studio will meet with staff to articulate the general strategy necessary to implement a Village Center in 5 year increments. PRODUCTS: One Camera Ready Original and DOS WP6.1 Disk of Final Design Guidelines Manual City of Temecula Proposal for CIty-Wide and Village Center Design Guidelines I!1-11 ATTACHMENT NO. 2 PROJECT TIME LINE R:\RUIZC\STAi~,P'X~DESIGNGL.A'WD 8131/95 e, dr dde IV Project Schedule Urban Design Studio is prepared to put forth a concentrated effort to ensure the timely and efficient completion of the work program as described in the Technical Approach. Given the amount of public participation, staff reviews, and draft review iterations, we have estimated an eight month work program to complete all tasks outlined in this proposal. We have the necessary project staff on board and are prepared to begin the assignment immediately. A detailed project schedule follows. We have assumed a start date of September 13, 1995. TASK #1 TASK DESCRIPTION START DATE FINISH DATE TASK DURATION 1.0 PROJECT INITIATION 1.1 Scope Refinement Aug. 17 Aug. 18 1 Day 1.2 Background Materials Sept. 12 Sept. 15 3 Days 1.3 Design Reconnaissance Field Tdp Sept. 18 Sept. 18 1 Day 1.4 Design Goals and Objectives Sept. 25 Oct. 13 2 Weeks 2.0 PREPARATION OF PRELIMINARY DESIGN MANUAL DRAFT 2.1 Outline Of Design Manual Sept. 25 Oct. 13 2 Weeks 2.2 Draft Design Manual Oct. 20 Nov. 20 4 Weeks 2.3 Village Center Design Guidelines Oct. 20 Nov. 20 4 Weeks 2.4 Administrative Draft Oct. 20 Dec. I 6 Weeks 2.5 Preliminary Workshop Draft Dec. 20 Jan. 12 3 Weeks 2.6 Public Workshop Draft Jan. 29 F~b. 19 3 Weeks 2.7 Public Headngs Draft Mar. 18 Mar. 20 2 Days 3.0 3.1 3.2 3.3 PUBLIC PRESENTATIONS AND WORKSHOPS Meetings With Staff Advisory Committee Workshop #1 Advisory Committee Workshop Advisory Committee Workshop #3 Public Workshop Public Headng #1 Public Headng #2 Aug. 17 Vadable Duration Sept. 18 Sept. 18 I Day. Oct. 20 Oct. 20 I Day Jan. 19 Jan. 19 I Day Feb. 22 Feb. 22 1. Day Mar. 26 Mar. 26 I Day Apr. 23 Apr. 23 I Day 4.0 4.1 4.2 4.3 PREPARE FINAL DESIGN MANUAL/AREA GUIDELINES Comment Incorporation Apr. 24 Apr. 30 Final Document Apr. 24 Apr. 30 Village Center Concept Working Paper Feb. 22 Mar. 22 7 Days 7 Days 4 Weeks COMPLETION DATE: May 1, 1996 City of Temecula Proposal for City-Wide and Village Center Design Guidelines IV- I IV Professional Fee Urban Design Studio has structured a comprehensive program around the tasks outlined in this proposal. We believe this program will fulfill the needs and expectations of the City of Temecula to complete its City-Wide and Village Center Design Guidelines in a complete and timely manner. The total of $37,510 is a fixed fee amount for all tasks and products related to planning, organizing coordinating and implementing the City-Wide and Village Center Design Guidelines, including all costs associated with telephone/facsimile, clerical, travel, lodging, postage and reproduction. TASK #1 TASK DESCRIPTION FEE 1.0 PROJECT INITIATION 1.1 Scope Refinement 500 1.2 Background Materials 1,000 1.3 Design Reconnaissance Field Trips ' 500 1.4 Design Goals and Objectives 800 2.0 PREPARATION OF PRELIMINARY DESIGN MANUAL DRAFT 2.1 Outline Of Design Manual 800 2.2 Draft Design Manual 6,000 2.3 Village Center Design Guidelines 4,500 2.4 Administrative Draft 4,000 2.5 Preliminary Workshop Draft 3,800 2.6 Public Workshop Draft 2,100 2.7 Public Hearings Draft 2,000 3.0 3.1 3.2 3.3 PUBLIC PRESENTATIONS AND WORKSHOPS Coordination With Staff Advisory Committee Workshop #1 Advisory Committee Workshop Advisory Committee Workshop Public Workshop Public Headng #1 Public Headng 1,000 500 500 1,000 1,000 500 500 '4.0 4.1 4.2 4.3 PREPARE FINAL DESIGN MANUAL/AREA GUIDELINES Comment Incorporation Final Document Village Center Concept Working Paper 1,000 1,500 1,000 Project Management (26 Hours) Reimbursables (Travel and Other Expenses) 2,210 800 GRAND TOTAL $37,510 City of Ternecula Proposal for City-Wide and Village Center Design Guidelines IV - 2