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Home My WebLink About021004 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE FEBRUARY 10, 2004 — 7:00 P.M. At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. - Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Sections: Conference with real property negotiator pursuant to Government Code Section 54956.8 concerning the acquisition of four real properties located at APN 909-270-042 at 41530 Winchester Road, APN 909-270-043 at 41540 Winchester Road, APN 909-282-002 at 41615 Winchester Road, and APN 909- 281-017 at 41555 Winchester Road. The negotiating parties are the City of Temecula and Enterprise Professional Building, LLC, Mike Bouris, et al., California Bank and Trust, and BP West Coast Products, LLC. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to two matters of existing litigation involving the City. The following case will be discussed: 1) City of Temecula v. County of Riverside (RCIP litigation — Riverside County Superior Court Case No. 402766) and 2) People of the State of California, et al. v. Boysen. is Information concerning existing litigation between the City and various parties be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Prelude Music: Flag Ceremony: Invocation: R:Wgenda\021004 Next in Order: Ordinance: No. 2004-03 Resolution: No. 2004-13 Mayor Mike Naggar Violin Music by Sienna Naggar Accompanied by Helen Miller Councilman Roberts Reverend Jerry Hangen, Grace Presbyterian Church ROLL CALL: Comerchero, Roberts, Stone, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Certificate of Achievement — Reed Johnson PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak' form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak' form must be filed with the City Clerk R[l2[ to the Council addressing that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of January 13, 2004. R:\,4genda\021004 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of December 31, 2003. 5 Retention Policy and Schedule Revisions RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, ESTABLISHING A RECORDS RETENTION PROCEDURE, AND REPEALING RESOLUTION NO. 92-17 6 Property Insurance Renewal RECOMMENDATION: 6.1 Approve the City of Temecula Property Insurance Policy renewal with Chubb Insurance Company, Landmark American Insurance Company for the period of February 26, 2004 through February 26, 2005, in the amount of $97,138. 7 Fire Safety House Purchase RECOMMENDATION: 7.1 Approve the purchase of the We Care Company Fire Safety Interactive Mobile Trailer for $39,306.97. RMgenda\021004 Tract Map No. 29661-2, -3, -4 (located south of Murrieta Hot Springs Road, east of Winchester Road west of Butterfield Stage Road and north of Rancho California Road in the Rorioauah Ranch Soecific Plan) RECOMMENDATION: 8.1 Approve Tract Map Nos. 29661-2, -3, and -4 in conformance with the conditions of approval; 8.2 Approve the Subdivision Improvement Agreement; 8.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. MVCIIIUa MlVMaUV — UCIIiU a JUL shown by Tract Map No. 14936 RECOMMENDATION: 9.1 Approve Parcel Map No. 31169 in conformance with the conditions of approval; 9.2 Approve the Subdivision Monument Agreement and accept the Monument Bond as security for the agreements. 10 First Amendment to Annual Citywide Routine Maintenance Contract RECOMMENDATION: 10.1 Approve the first amendment to the Annual Citywide Routine Maintenance Contract with Rene's Commercial Management for an amount of $100,000.00 and authorize the Mayor to execute the amendment. 11 Amendment No. 1 to Professional Services Agreement with Vanir Construction RECOMMENDATION: 11.1 Approve Amendment No. 1 to the agreement with Vanir Construction Management, Inc. to provide professional construction management, material testing, and special inspection services in an amount not to exceed $418,036.00 and authorize the Mayor to execute the agreement; 11.2 Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $44,300 which is equal to 10% of the additive amounts of the original agreement of $24,980 and Amendment No. 1 of $418,036. R:\Agenda\021004 12 Award of Construction Contract for the Old Town Temecula Community Theater — Proiect No. PW02-23 13 14 RECOMMENDATION: 12.1 Award a construction contract for the Old Town Temecula Community Theater — Project No. PW02-23 to Tovey/Shultz Construction, Inc. in an amount of $7,168,000 and authorize the Mayor to execute the contract; 12.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $716,800 which is equal to 10% of the contract amount; 12.3 Accelerate the appropriation of budgeted funds in FY2004-2005 to FY2003-2004 in the amount of $3,035,000; 12.4 Approve the transfer of $548,500 of Capital Project Reserves from the Old Town District Parking Lot to the Old Town Temecula Community Theater; 12.5 Approve an appropriation of $1,612,500 from General Fund Reserves to the Old Town Temecula Community Theater. RECOMMENDATION: 13.1 Accept the construction of the Pavement Rehabilitation Program 2002-2003 Rancho California Road between Margarita Road and Meadows Parkway Project, Project No. PW02-13, as complete; 13.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, accept a one-year Maintenance Bond in the amount of 10% of the contract; 13.3 Direct the City Clerk to release the Materials and Labor Bond seven months after the filing of the Notice of Completion if no liens have been filed. RECOMMENDATION: 14.1 Approve an agreement with Richard Brady and Associates in an amount not to exceed $81,975.00 to provide design services for the City Maintenance Facility Expansion, Project No. PW03-06, and authorize the Mayor to execute the agreement; 14.2 Authorize the City Manager to approve amendments not to exceed the contingency amount of $8,197.50 which is equal to 10% of the agreement amount. R:\Agenda\021004 5 15 General Fund Advance for Fire Truck RECOMMENDATION: 15.1 Approve an advance of $724,804 from the General Fund for the purchase of the 100' Tractor Drawn Aerial Fire Truck. 16 Acceptance of Grant Deed — Serena Hills Park RECOMMENDATION: 16.1 Approve Amendment No. 2 to the Subdivision Improvement Agreement for Tract 23209; 16.2 Authorize acceptance of the Grant Deed for Serena Hills Park, located in the Shea Homes development at La Serena and Walcott Lane and direct staff to proceed with the necessary actions to cause the deed to be recorded. 17 Second Reading of Ordinance No. 04-02 — (Electrical Undergrounding) RECOMMENDATION: 17.1 Approve an ordinance entitled: ORDINANCE NO. 04-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 15.04.090 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE UNDERGROUNDING OF EXISTING AND PROPOSED ELECTRICAL, TELECOMMUNICATIONS, AND OTHER WIRES CARRYING BELOW 34KV CAPACITY WHICH PROVIDE DIRECT SERVICE OR IS ADJACENT TO PROPERTY BEING DEVELOPED RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY R:\Agenda\021004 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-03 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Naggar, Roberts, Stone, Washington PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of January 27, 2004. RECOMMENDATION: 2.1 Approve an agreement with Oregon Mountain Constructors in an amount not to exceed $240,000 to provide material delivery for the Wolf Valley Sports Complex, Project No. PW01-17CSD, and authorize the President to execute the agreement; 2.2 Authorize the General Manager to approve amendments not exceed the contingency amount of $24,000, which is equal to 10% of the agreement amount. R:\Agenda\021004 3 Accept Substitute Landscape Improvement Agreement and Bonds for Tract Map Nos. 26828, -1 and -2 — Avondale Development RECOMMENDATION: 3.1 Accept the substitute landscape bonds from Richmond American Homes of California, Inc. for Tract Map Nos. 26828, -1 and 2. DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, February 24, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\021004 8 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 2004-01 Resolution: No. RDA 2004-04 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL: AGENCY MEMBERS: Nagger, Roberts, Stone, Washington, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of January 27, 2004. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS'REPORTS ADJOURNMENT Next regular meeting: Tuesday, February 24, 2004, 7:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\021004 TEMECULA PUBLIC FINANCING AUTHORITY Next in Order: Ordinance: No. TPFA 2004-01 Resolution: No. TPFA 2004-01 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Roberts, Stone, Washington, Naggar PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Temecula Public Financing Authority on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of November 18, 2004; 1.2 Approve the minutes of November 25, 2003; 1.3 Approve the minutes of December 16, 2003. R:\Agenda\021004 10 2 Authorizing Investment of Bond Proceeds in the Local Agency Investment Fund (LAIF) 3 RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 04-. A RESOLUTION OF THE BOARD OF DIRECTORS OF TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING INVESTMENT OF BOND PROCEEDS IN THE LOCAL AGENCY INVESTMENT FUND RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY EXPRESSING OFFICIAL INTENT REGARDING A CAPITAL EXPENDITURE TO BE REIMBURSED FROM PROCEEDS OF TAX-EXEMPT OBLIGATIONS EXECUTIVE DIRECTOR'S REPORT BOARD MEMBERS'REPORTS ADJOURNMENT R:\Agenda\021004 11 RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 18 Donation to Temecula Chaparral High School Platinum Sound Band (At the request of Councilman Washington.) RECOMMENDATION: 18.1 Consider approval and appropriation of $2,500 to assist the Chaparral High School Platinum Sound Band in attending the National World War II Veterans' Parade and Memorial Dedication ceremonies in Washington, D.C. on May 29 through June 1, 2004. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular City Council meeting, Tuesday, February 24, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. RMgenda\021004 12 PROCLAMATIONS /_10191 PRESENTATIONS >�=k-� o ± 00 u r7 \ E��m— // ® O cum » 2 2= u& CDO �W� $k E J�LE� 22�u —+o U Qj � o y w§\// �\\ / aj Ln ■ �§% z2/ k E 22� E k# t k§ Ln V) c V) t &- M M \ u 0 e I c r c E w= � � � 2 ■ x u� �$d0 / `� £ Z u /$ � 2�7�� ■ o u o u m emu. E JMME2 $_ ? %K$US e—�� / � 0 § Uc22� �x— .V.4 Q y G § N-0 ce� 2 V) ƒ�X _ §�—_ § R -%Sk3 c.cem= �00 u = ® # c u u V m m kA -i Ln ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JANUARY 13, 2004 The City Council convened in Closed Session at 6:00 P.M. and in Open Session at 7:00 P.M., on Tuesday, January 13, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 5 Councilmembers: Absent: 0 Councilmember: PRELUDE MUSIC Comerchero, Roberts, Stone, Washington, and Naggar None The prelude music was provided by Vineyard Valley Women's Club — Wish Upon a Star Group. INVOCATION The invocation was given by Pastor Daniel Vazzana of Lamb of Life. ALLEGIANCE The flag ceremony was presented by the Wish Upon a Star Group. PRESENTATION/PROCLAMATIONS Service Award Presentations Mayor Naggar honored Mayor Pro Tern Comerchero with a 10-year service pin and commended him on his years of service to the community. Mayor Pro Tern Comerchero, in turn, honored Mayor Naggar with a 5-year service pin. Commenting on the many years of dedication, Mayor Naggar presented a 5-year service pin to Mr. Darrell Connerton for his commitment to the Public Traffic Safety Commission. Highlighting a few of the many accomplishments that have and will continue to positively affect the residents of the City, Mayor Naggar honored Councilman Stone by presenting to him a plaque of appreciation along with a Mayor's pin representing his three years of Mayorship (1995, 2000, and 2003). Noting that his commitment to the City Council has not been for personal satisfaction, Councilman Stone commented on the satisfaction derived by the implementation of numerous programs that have made this City a special place to live. Recognizing City staff for its guidance and assistance over the years, Mr. Stone as well commented on the efforts of this and past City Councils to strive toward a Council consensus and thanked past City Councils as well as the current for its efforts in making the City a special place to live. RAMinutes\011304 Recognition for Chaparral Hiah School Girls' Vollevball Team — CIF Champions Presenting Certificates of Achievement to each team member, Mayor Naggar commended the Chaparral High School Girls Volleyball Team on its 2003 CIF Championship. Presentation to John Hunneman Commending Mr. Hunneman on his many accomplishments along with his continued fundraising efforts and his 10-year anniversary with The Californian, Mayor Naggar proclaimed January 14, 2004, as John Hunneman Day. Spark of Love Toy Drive Presentation and Recognition Fire Safety Specialist Horton recognized and extended appreciation by presenting Certificates of Appreciation to several individuals for their continued assistance in making this program the success that it is and as well thanked the community for its support, advising that 3,228 toys had been collected and $3,142.12 had been donated. At this time, Mr. Horton was recognized for his continued contributions to this program. PUBLIC COMMENTS A. Congratulating Mayor Naggar on his reelection and Councilman Washington on his election to the City Council, Mr. Sam Pratt, 40470 Brixton Cove, expressed concern with the speaker's time restriction of two minutes when speaking under public comments. B. Requesting that Mr. George Di Leo, 32871 Rovato Street, commented on the need of speed limit signs on SR 79; requested additional enforcement; suggested the imposition of an ordinance restricting campaign contributions and spending limits; and echoed Mr. Pratt with regard to limited speaker time. C. Ms. Lorena Spencer, no address provided, addressed a safety concern at Main and Front Streets and submitted a petition with regard to the Farmers Market, noting that it is unfair for the market merchants to sell products that are also sold in Old Town. D. Mr. Darrell Farnbach, 41403 Bittercreek Court, representing the Temecula Valley Historical Society, addressed the Escallier property, commenting, in particular, on the history of the Escallier barn and encouraging its restoration. E. By way of written material (submitted to the City Council), Ms. Pam Grender, 45572 Callesito Altar, representing the Temecula Valley Historical Society, provided information with regard to the Plaque Project. Mayor Naggar requested that the written information be placed on the City's website. CITY COUNCIL REPORTS A. Wishing everyone a Happy New Year, Councilman Washington recognized the Police Department on its extraordinary efforts in attempting the remove drivers under the influence off City streets, commenting on the decrease in fatal accidents and the increase in written citations. Mr. Washington extended his condolence to Sergeant Pino and his family for the loss of his brother, who was killed in the line of duty. R:\Minutes\011304 2 In closing, Councilman Washington congratulated Mr. John Hunneman on his well - deserved recognition for his contributions to this community; commended Mayor Naggar, Mayor Pro Tern Comerchero, and Councilman Stone on their accomplishments and years of dedication to this community; and commented on Councilman Stone's track record, advising the Mr. Stone will be running for Board of Supervisor in the upcoming election. B. Addressing the effectiveness of the newly installed defibrillators in saving lives, Mayor Pro Tern Comerchero requested that staff explore a $15,000 grant program for the installation of such defibrillators in local business/non-profit organizations, noting that a 50% cost share of the actual cost (1,500) would grant the installation of potentially an additional 20 defibrillators for public use throughout the City. Mayor Naggar relayed his concurrence with such a program. CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes RECOMMENDATION: 2.1 Approve the minutes of September 23, 2003; (Councilman Washington abstained with regard to 2.1.) 2.2 Approve the minutes of October 28, 2003; (Councilmembers Roberts and Washington abstained with regard to 2.2.) 2.3 Approve the minutes of November 18, 2003; (Councilman Washington abstained with regard to 2.3.) 2.4 Approve the workshop minutes of November 25, 2003; (Councilman Washington abstained with regard to 2.4.) 2.5 Approve the minutes of November 25, 2003. Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RAMinutes\011304 RESOLUTION NO.04-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of November 30, 2003. Authorizing Investment of City Monies in the Local Agency Investment Fund recommendation: 5.1 Adopt a resolution entitled: RESOLUTION NO. 04-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING INVESTMENT OF CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND Financial Statements for the three months ended September 30, 2003 RECOMMENDATION: 6.1 Receive and file the Financial Statements for the three months ended September 30, 2003. Authorize Temporary Street Closures for Good Old Days Car Show 2004 Event in Old Town (Old Town Front Street between Moreno Road and Second Street and other related streets RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 04-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING STREET CLOSURES FOR OLD TOWN FRONT STREET AND ABUTTING STREETS FROM SECOND STREET TO MORENO DRIVE EAST FOR THE GOOD OLD DAYS CAR SHOW 2004 EVENT ON FEBRUARY 27, 28, AND 29, 2004, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT R:\Minutes\011304 I 9 10 11 RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 04-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED STREET SYSTEM (WITHIN PARCEL MAP NO. 23101-6) RECOMMENDATION: 9.1 Approve the Subdivision Improvement Agreement; 9.2 Accept the Faithful Performance Bond as security for the agreement. RECOMMENDATION: 10.1 Approve Tract Map No. 29798-2 in conformance with the conditions of approval; 10.2 Approve the Subdivision Improvement Agreement; 10.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bonds, and Monument Bond as security for the agreements. RECOMMENDATION: 11.1 Approve Tract Map Nos. 30667, 30667-1, 30667-2, and 30667-3 in conformance with the conditions of approval; 11.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreements; 11.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreements. R:\Minutes\011304 5 12 Tract Map Nos. 30668, 30668-1, and 30668-2 (located within the Harveston Specific Plan) RECOMMENDATION: 12.1 Approve Tract Map Nos. 30668, 30668-1, and 30668-2 in conformance with the conditions of approval; 12.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreements; 12.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreements. 13 Tract Map Nos. 30669, 30669-1, and 30669-2 (located within the Harveston Specific Plan) 17:[K*]iILTiI:I"qU7\ILei A 13.1 Approve Tract Map Nos. 30669, 30669-1, and 30669-2 in conformance with the conditions of approval; 13.2 Approve the Subdivision Improvement Agreements and accept the Faithful Performance and Labor and Materials Bonds as security for the agreements; 13.3 Approve the Subdivision Monument Agreements and accept the Monument Bonds as security for the agreements. 14 Parking Restrictions — Diaz Road between Winchester Road and Dendy Parkway RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 04-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A NO PARKING ZONE ON DIAZ ROAD BETWEEN WINCHESTER ROAD AND DENDY PARKWAY AS SHOWN ON EXHIBIT A (Pulled for separate discussion; see page 9-10.) 15 All -Way Stop Controls — Promenade Chardonnay Hills at Chemin Clinet and Parducci Lane �iZi ,]PPuI�►I7i�NLE 15.1 Adopt a resolution entitled: R:\Minutes\011304 6 RESOLUTION NO. 04-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF PROMENADE CHARDONNAY HILLS AT CHEMIN CLINET AND PROMENADE CHARDONNAY HILLS AT PARDUCCI LANE 16 First Amendment to Consultant Services Agreement with KRW & Associates 17 18 RECOMMENDATION: 16.1 Approve the first amendment to the Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2003-2004 with KRW & Associates for an amount not to exceed $35,000.00 for a total contract amount of $60,000.00 for this fiscal year; 16.2 Authorize the Mayor to execute this amendment. RECOMMENDATION: 17.1 Approve and authorize the City Manager to execute in substantially the form attached hereto, the Purchase and Sale Agreement between the City of Temecula and Ernest Joe and Ethyl B. Jubela Family Trust, for the acquisition of certain real property in the amount of $611,580.00 plus the associated escrow fees; 17.2 Direct the City Clerk to record the document; 17.3 Adopt a resolution entitled: RESOLUTION NO. 04-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 RECOMMENDATION: 18.1 Approve and authorize the City Manager to execute in substantially the form attached hereto, the Purchase and Sale Agreement between the City of Temecula and Susan I. Steele, for the acquisition of certain real property in the amount of $78,000.00 plus the associated escrow fees; R:\Minutes\011304 18.2 Direct the City Clerk to record the document; 18.3 Adopt a resolution entitled: RESOLUTION NO. 04-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT DEEDS OR GRANTS CONVEYING ANY INTEREST IN, OR EASEMENT UPON, REAL ESTATE AS PERMITTED BY GOVERNMENT CODE SECTION 27281 19 Professional Services Agreement for Design Main Street Bridge over Murrieta Creek (Replacement) — Proiect No. PW03-05 RECOMMENDATION: 19.1 Approve an agreement with Simon Wong Engineering in an amount not to exceed $317,719.00 to provide design services for the Main Street Bridge over Murrieta Creek (replacement) — Project No. PW03-05; 19.2 Authorize the Mayor to execute the agreement; 19.3 Authorize the City Manager to approve amendments not to exceed the contingency amount of $31,771.90 which is equal to 10% of the agreement amount; 19.4 Approve the acceleration of the FY 2004/2005 programmed appropriation of $250,000.00 for design and administration for encumbrance during this fiscal year 20 First Amendment to an agreement for Consultant Services with Berryman & Henigar, Inc. RECOMMENDATION: 20.1 Approve a first amendment to an agreement for consultant services with Berryman & Henigar, Inc. in an amount of $44,000.00 to provide supplemental building inspection services to the Building and Safety Department. 21 Second Reading of Ordinance No. 03-14 (MSHCP) RECOMMENDATION: 21.1 Adopt an ordinance entitled: ORDINANCE NO. 03-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 15.10, MULTISPECIES HABITAT CONSERVATION MITIGATION FEES, TO THE TEMECULA MUNICIPAL CODE TO ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN R:\Minutes\011304 22 Second Reading of Ordinance No. 03-15 (Auto Mall) RECOMMENDATION: 22.1 Adopt an ordinance entitled: ORDINANCE NO. 03-15 AN ORDINANCE OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA, LLC REGARDING THE AUTO MALL PROPERTIES (PLANNING APPLICATION NO. 03-0565) MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-13 and 15-22 (Item No. 14 was pulled for separate discussion). Councilman Roberts seconded the motion and the electronic vote reflected approval with the exception of Councilman Roberts who abstained with regard to Item 2.2 and Councilman Washington who abstained with regard to 2.1 — 2.4. CONSENT CALENDAR ITEM NO. 14 CONSIDERED UNDER SEPARATE DISCUSSION 14 Parking Restrictions — Diaz Road between Winchester Road and Dendv Parkway RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 04-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A NO PARKING ZONE ON DIAZ ROAD BETWEEN WINCHESTER ROAD AND DENDY PARKWAY AS SHOWN ON EXHIBIT A Public Works Director Hughes reviewed the staff report (as per agenda material), noting that after staff review of the area of discussion, it was determined that the only no parking restricted zone was on Diaz Road. For Councilman Washington, Public Works Director Hughes confirmed that the existing no packing signs in Business Park were not installed by the City; that, therefore, there are no enforceable restrictions by the Police Department/Vehicle Code; and that the Business Park Association may have imposed such restrictions upon the members and may request abidance of those restrictions but that no such restrictions could be posted or enforced on public streets. In response to Councilman Roberts, Public Works Director Hughes advised that the church members and those individuals involved with soccer may actually park on the streets even though the posted signs indicate no parking; and that the streets are at least 44' wide. Mr. Pete Olhasso, 42430 Winchester Road, Business Manager for the Westside Business Park Association, noted that the Board of Directors have a responsibility to enforce the legal documents of the Association. In an effort to resolve this matter, Mr. Olhasso suggested the installation of signs restricting parking Monday through Friday and that Saturday through Sunday parking may be permitted, noting that this compromise would as well permit the Board of Directors to enforce the legal documents. RAMinutes\011304 Concurring with Mr. Olhasso's recommendation, Mr. Max Harrison, 29443 Via La Plaza, Murrieta, President of the Westside Business Centre Property Owners' Association, requested that the Board of Directors be given the opportunity to address the suggestion prior to final City Council approval. In response to Mayor Pro Tern Comerchero, City Attorney Thorson advised that the City Council may approve the no parking zone resolution on Diaz Road, as proposed, and may continue discussion on the remaining streets for 30 days. MOTION: Councilman Washington moved to adopt Resolution No. 04-05 and to direct staff to forward to the Public Traffic Safety Commission the recommended option of imposing a no parking zone Monday through Friday and permitting parking Saturday through Sunday. The motion was seconded by Councilman Roberts and the electronic vote reflected unanimous approval. At 8:23 P.M., Mayor Naggar called a short recess; at 8:36 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency and at 8:45 P.M., the City Council resumed with regular business. COUNCIL BUSINESS 23 Selection of Council Committee Assignments for the Year 2004 RECOMMENDATION: 23.1 Appoint a member of the City Council to serve as liaison to each of the City Commissions and Committees: Commission Liaison (One Member) Community Services Commission —Washington Old Town Local Review Board - Roberts Old Town Redevelopment Advisory Committee - Comerchero Planning Commission - Naggar Public/Traffic Safety Commission — Stone MOTION: Councilman Washington moved to approve the above -noted appointments. The motion was seconded by Councilman Stone and the electronic vote reflected unanimous approval. 23.2 Appoint two members of the City Council to serve on each of the following Advisory Committees: Advisory Committees (Two Members) Community Service Funding Ad Hoc Committee — Naggar, Stone Economic Development/Old Town Steering Committee — Roberts, Comerchero Finance Committee — Naggar, Stone Joint City Council/TVUSD Committee — Roberts, Washington Library Task Force — Roberts, Stone Old Town Temecula Community Theater Ad Hoc Committee/Theater Advisory Committee — Comerchero, Washington Public Works/Facilities Committee — Roberts, Stone R:\Minutes\011304 10 MOTION: Mayor Pro Tern Comerchero moved to approve the above -noted appointments. The motion was seconded by Councilman Roberts and the electronic vote reflected unanimous approval. 23.3 Appoint member(s) of the City Council to serve on each of the following external committees: Representative Assignments (External Organizations) GGLIRty GeneFal Plan Update Committee RQP (attend Fneetings) . removed French Valley Airport Committee - Washington League of Calif. Congress — 2004 Voting Delegates — Naggar, Comerchero Murrieta Creek Advisory Board - Stone National League of Cities Annual Congress - 2004 Voting Delegate — Naggar, Comerchero Pechanga Tribal Council Liaison — Roberts, Stone Riverside County Habitat Conservation Agency (This Committee changed to advisory only.) Steve Brown Riverside County Transportation Commission — Comerchero, Roberts Riverside Transit Agency Representative - Comerchero Temecula Sister City Corporation Board of Directors - Stone Trails Master Plan Development Committee — Naggar, Washington WRCOG/RCA Representative — Washington, Stone MOTION: Councilman Stone moved to approve the above -noted appointments. The motion was seconded by Mayor Pro Tern Comerchero and the electronic vote reflected unanimous approval. 23.4 Appoint member(s) of the City Council to serve on each of the following Council Subcommittees: Council Subcommittees Cable Franchise Renewal Committee - Comerchero Campus Project Ad Hoc Council Subcommittee — Naggar, Washington Children's Museum Ad Hoc Subcommittee - Comerchero Electrical Needs Ad Hoc Subcommittee — Naggar, Comerchero Open Space Subcommittee — Naggar, Stone SAF-T NET Subcommittee - Stone Telecommunications Subcommittee — Roberts, Stone Temecula/Murrieta Subcommittee — Naggar, Washington Veteran's War Memorial — Stone, Comerchero Villages of Old Town Ad Hoc Committee — Roberts, Naggar Wall of Honor Ad Hoc Subcommittee — Stone, Comerchero Zone Committee (relating to TUMF Program for WRCOG) — Roberts, Naggar MOTION: Councilman Stone moved to approve the above -noted appointments. The motion was seconded by Mayor Pro Tern Comerchero and the electronic vote reflected unanimous approval. R:\Minutes\011304 11 23.5 Review the current members of the General Plan Community Advisory Committee and appointment new members as appropriate: General Plan Community Advisory Committee 1 Planning Commissioner - David Matthewson 1 Public Traffic Safety Commissioner - Darrell Connerton 1 Community Services Commissioner - Jim Meyler 5 City Residents - Mark Broderick, Tony Harris, Paul Jacobs, Greg Morrison, John Telesio 1 Representative of the Chamber of Commerce — (pending Chamber action) 1 Representative of the EDC — Gary Youmans 1 Representative of a local environmental or community organization — Bob Wheeler The 5 City residents represent one appointment from each Councilmember. With the election of Chuck Washington to the City Council and the resignation of Bob Ritchie from the Advisory Committee, these members may need to change. Also due to the election of Chuck Washington to the City Council, the Chamber of Commerce may need to appoint another representative. There was City Council consensus with the above -noted appointments. 24 Consolidation of City Council Elections in November of Even -Numbered RECOMMENDATION: 24.1 Consider adoption of an ordinance to change the date for holding City Council Elections to November of even -numbered years and if desired, read by title only and introduce an ordinance entitled: ORDINANCE NO. 04-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.08 OF THE MUNICIPAL CODE REQUIRING THAT THE GENERAL MUNICIPAL ELECTIONS OF THE CITY OF TEMECULA BE HELD ON THE FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER IN EACH EVEN -NUMBERED YEAR City Clerk Jones presented the staff report (as per agenda material). City Attorney Thorson, for Councilman Stone, noted that the City Council may opt to either reduce or increase the current Council terms by one year. Expressing concern with increasing the Council terms by one year, Mr. George Di Leo, 32871 Rovato Street, suggested that the current Council reduce its term by one year and encouraged the Council to undertake efforts to increase voter participation. Relaying his opposition to the proposed recommendation, Mr. Paul Jacobs, 32370 Corte Zamora, stated that, in his opinion, an off-year election would make a candidacy more available to the average citizen interested in running for City Council, noting that such an individual's name, if commingled with signs for other offices and ballot propositions, may be lost. R:\Minutes\011304 12 In response to Mr. Jacobs' request for voters to call City Hall Hotline relaying their opposition to this action, Councilman Roberts advised that one voter had called. Expressing his opposition to the recommended proposal, Mr. Sam Pratt, 40470 Brixton Cove, advised that during his tenure on the Council, he had proposed term limits as well as limiting campaign spending. In an effort to increase voter participation, Ms. Eve Craig, 42960 Calle Reva, relayed her support of the proposed action. Mr. Tony Harris, 4129 Corte Higuera, stated that those voters that participated in the City's last election did so based on local debates, knowledge of a candidate, and research, noting that odd -year elections would separate City elections from National and State elections. Viewing the low -voter turnout as a sign that the residents are pleased with the City Council's actions, Mr. Harris stated that, in his opinion, it should not be the City's responsibility to hand hold citizens to the polling sites. Voicing his opposition to such comments that the proposed action would be self serving to the existing Council and that such action would disenfranchise voters, Mr. Paul Runkle, 32070 Corte Bonilio, noted that the City is extremely well run and encouraged the City Council to approve this action and, thereby, making it easier for the residents to vote in the election. Referencing the City's previous election turnouts, Mr. Ron Bradley, representing the Chamber of Commerce and the Murrieta/Temecula Group, expressed his support of the proposed ordinance primarily in order to increase voter turnout, commenting on the following: • Partisanship endorsements in local elections • Incumbents will always have a five -point advantage • High -propensity voters • Even -numbered year election — less likely of a single -issue candidate being elected; small voter turnouts will elected single -issue candidates easier than a larger -voter turnout • Extension of terms In response to Councilman Stone and Councilman Washington, City Clerk Jones noted that an election for the size of the City would cost approximately $80,000 to $90,000 and that there would be no cost difference with an even -numbered election. Viewing the proposed action as a referendum on democracy, Mayor Pro Tem Comerchero commented on previous City election turnouts and noted that, in his opinion, it is the City's responsibility to exhaust all possibilities in an effort to increase voter participation and, therefore, emphatically expressed his support of the proposed ordinance, noting that the adoption of this ordinance could increase voter participation by 13,000. MOTION: Mayor Pro Tern Comerchero moved to introduce and read by title only Ordinance No. 04-01. The motion was seconded by Councilman Roberts. (This motion ultimately passes after additional discussion; see page 15.) Appreciating those comments made by Mayor Pro Tern Comerchero, Councilman Washington noted that increased voter participation would be the desire of the entire Council but that voting is a personal choice; that he would not view the adoption of the ordinance as a self-serving measure to extend the existing Council's term by one year; that the issue before the Council is R:\Minutes\011304 13 how to increase voter participation; that, in his opinion, changing the City election to even - numbered years would not be the best way to increase voter participation; that by changing the election, incumbents would have an increased advantage; that the change would create an increased amount of political signs; that he would personally like to see more emphasis on City Council involvement in apprising individuals of upcoming elections; and if that would require the expenditure of City funds, such an option should be explored. Highlighting past elections and past voter participation, Councilman Roberts commented on the turnout drop since the change to odd -numbered year elections; noted that the change to odd - numbered years was proposed as a cost -saving effort; that this cost savings was never realized; that changing the election years will make it easier for voters to participate in elections; and that all voters, not only high -propensity voters, should be apprised of upcoming elections. Respecting the comments of his fellow colleagues, Councilman Stone stated that, in his opinion, the low -voter turnout is a mockery of democracy; concurred that more measures should be taken at a local level to apprise the residents of upcoming elections but because of funds necessary to accomplish this task, he relayed his support of the proposed action and stated that the City has attempted to reach the residents in an effort to apprise. Mr. Stone noted that an extension to his current term would not necessarily be an attraction for him especially since he will be running in the Board of Supervisor election. Reiterating that the intent would not be to restrict voting rights and respecting the viewpoints of his colleagues, Councilman Washington stated that he, as always, will do everything possible to encourage voter participation. Concurring with Councilman Washington, Mayor Pro Tern Comerchero stated that the issue would be allowing the maximum number of people to participate in an election, not to restrict. Noting that it would be a false premonition to think that changing the election year would make it easier for residents to vote, Mayor Naggar noted that there are other ways to increase voter participation; stated that 7,000 people voted in the last election; and that the remaining registered voters that did not vote due to lack of interest, lack of desire, or because they were content with the current status of the City. Concurring with the comment to encourage greater voter participation, Mr. Naggar stated that walking the precincts is the way to inform people and advised that if this ordinance were adopted, the next Municipal Election would be in 2006. At this time, the electronic vote of the previously made motion reflected approval with the exception of Mayor Naggar and Councilman Washington who voted no. No additional comments. CITY ATTORNEY'S REPORT City Attorney Thorson noted that there were no action items to report under Closed Session but reminded the City Council that with respect to real property items, no final action will be taken without documents coming before the City Council for formal approval. With respect to the litigation items, Mr. Thorson advised that the City Council did provide direction to the City Attorney's office for handling those matters and with respect to Closed Session Item No. 3 (RCIP litigation), he noted that Mayor Pro Tern Comerchero did not partake in that discussion. R:wlinutes\011304 14 ADJOURNMENT At 10:19 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Tuesday, January 27, 2004, at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] R:\Minutes\011304 15 ITEM 3 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $2,678,914.77. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 101h day of February, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CIVIC City Clerk [SEAL] R:/Resos 2004/Resos04- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 04-_ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 10`h day of February, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Resos 2004/Resos 04- CITY OF TEMECULA LIST OF DEMANDS 01/22/04 TOTAL CHECK RUN: $ 1,015,042.06 01/29/04 TOTAL CHECK RUN: 1,337,966.55 01/29/04 TOTAL PAYROLL RUN: 325,906.16 TOTAL LIST OF DEMANDS FOR 02/10/04 COUNCIL MEETING: $ 2,678,914.77 DISBURSEMENTS BY FUND CHECKS: 001 GENERALFUND $ 1,217,799.51 165 RDA DEV-LOW/MOD SET ASIDE 12,894.72 190 COMMUNITY SERVICES DISTRICT 91,457.86 192 TCSD SERVICE LEVEL B 37,858.74 193 TCSD SERVICE LEVEL C 21,606.37 194 TCSD SERVICE LEVEL D 484.26 195 TCSD SERVICE LEVEL R 1,470.00 210 CAPITAL IMPROVEMENT PROJ. FUND 722,109.03 261 CFD 88-12 ADMIN EXPENSE FUND 3,397.00 280 REDEVELOPMENT AGENCY-CIP 34,708.12 300 INSURANCE FUND 5,772.34 . 310 VEHICLES FUND 153,448.72 320 INFORMATION SYSTEMS 35,247.97 330 SUPPORT SERVICES 7,844.62 340 FACILITIES 6,909.55 $ 2,353,008.61 100 GENERAL FUND $ 228,714.21 165 RDA-LOW/MOD SET ASIDE 5,438.86 190 COMMUNITY SERVICES DISTRICT 54,622.32 192 TCSD SERVICE LEVEL B 108.60 193 TCSD SERVICE LEVEL C 5,249.30 194 TCSD SERVICE LEVEL D 743.18 280 REDEVELOPMENT AGENCY-CIP 2,258.49 300 INSURANCE FUND 1,037.37 320 INFORMATION SYSTEMS 19,338.38 330 SUPPORTSERVICES 2,636.72 340 FACILITIES 5,758.73 325,906.16 TOTAL BY FUND: $ 2,678,914.77 PREPAR BY JADA YO R CCO NTING SPECIALIST HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. S, DIREC R OF FINANCE I ,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAW N NELSON, CITY MANAGER apChkLst Final Check List Page: 1 01/22/2004 4:35:08PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 89201 01/22/2004 003679 AEI CASC ENGINEERING Nov design svcs: Jefferson rehab 6,573.00 6,573.00 89202 01/22/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 312.95 DUI Drug & Alcohol Screening 120.00 432.95 89203 01/22/2004 000747 AMERICAN PLANNING ASSOC[ Membership: Dennis Chiniaeff 001856 150.00 150.00 89204 01/22/2004 000101 APPLE ONE, INC. Temp help PPE 1/3 Delarm 249.60 249.60 89205 01/22/2004 001323 ARROWHEAD WATER INC Bottled wtr sews 0 West Wing 420.67 420.67 89206 01/22/2004 007278 BAILEY, DAVID Reimb:Mentoring for Law Enforce:12 101.56 101.56 89207 01/22/2004 002541 BECKER CONSTRUCTION SRV Metal rail repairs:Santiago/Rbw Cyn 4,340.00 4,340.00 89208 01/22/2004 006721 BOISE CASCADE OFFICE Misc office supplies: Fire Prevention 6.85 6.85 89209 01/22/2004 004380 BOY SCOUTS OF AMERICA 03/04 Comm Service Funding Award 1,500.00 1,500.00 89210 01/22/2004 004248 CALIF DEPT OF JUSTICE/ACCT DUI Drug & Alcohol Screening 1,680.00 1,680.00 89211 01/22/2004 005660 CALIF EMS AUTHORITY Medic License: Greg Adams P02136 130.00 130.00 89212 01/22/2004 000152 CALIF PARKS & RECREATION S Membership: Kristin Olsen 017452 130.00 130.00 89213 01/22/2004 000901 CALIF PARKS & RECREATION S Prk Ops tour:3/10:AWDC 110.00 110.00 89214 01/22/2004 007256 CARTER, TOM Refund: Security Deposit 100.00 100.00 89215 01/22/2004 004837 CHERRY VALLEY FEED & PET Police K-9 Supplies "Kaos" 59.80 59.80 89216 01/22/2004 000137 CHEVRON U S A INC Fuel expense for city vehicles 395.49 395.49 89217 01/22/2004 005708 CLEAR CHANNEL BROADCASTI Nov Broadcasting:Old Twn Holiday 762.00 Dec Broadcasting:Old Twn Holiday 738.00 Nov Broadcasting: Erle Stanley Wkend 658.00 Oct Broadcasting:Ede Stanley Wkend 179.00 2,337.00 Paget apChkLst Final Check List Page: 2 01/22/2004 4:35:08PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 89218 01/22/2004 007258 COLE, ANGELA Refund: Security Deposit 100.00 100.00 89219 01/22/2004 006553 COMMUNITY NATIONAL BANK Soundwall Ret/escrow acct:05802220 25,826.30 25,826.30 89220 01/22/2004 002147 COMPLIMENTS COMPLAINTS & Entertainment: Old Twn Scot Land 275.00 Entertainment: Old Twn Dyn Dave 150.00 Entertainment: Old Twn Dyn Dave 150.00 575.00 89221 01/22/2004 000447 COMTRONIX OF HEMET Install radioloutside speaker:TCSD Tru 741.50 741.50 89222 01/22/2004 006303 CONDUIT NETWORKS, INC Active Directory support: IS 600.00 600.00 89223 01/22/2004 002631 COUNTS UNLIMITED INC Citywide traffic count data collection 1,415.00 1,416.00 89224 01/22/2004 005925 CYGNUS EXPOSITIONS Fire House Ann'I Cf:2/3-5:McBride 300.00 Fire House Ann'I Cf:2/3-5:Patterson 300.00 Fire House Ann'I Cf:2/3-5:Adams 300.00 Fire House Ann'I Cf:2/3-5:Buckley 300.00 Fire House Ann'I Cf:2/5:Horton 175.00 1,375.00 89225 01/22/2004 001393 DATA TICKET INC Nov parking cite processing svcs 233.45 233.45 89226 01/22/2004 007275 DIRECTIONAL CONCEPTS Refund: Admin. Citations 1,550.00 1,550.00 89227 01/22/2004 000609 DOUBLETREE HOTEL Hotel:Fire House Cf:2/3- 855.27 855.27 89228 01/22/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles:Planning 61347 291.47 291.47 89229 01/22/2004 003754 DOWNTOWN IDEA EXCHANGE 1 yr subscription: City Mgrs 204.50 204.50 89230 01/22/2004 000395 ECONOMIC DEVELOPMENT CO EDC Qtdy luncheon:1/30:Wolnick 35.00 EDC Qtdy luncheon:1/30:O'Grady 35.00 70.00 89231 01/22/2004 007253 ELLGARD, ERIK Refund: Toddler Swim Lessons 30.00 30.00 89232 01/22/2004 002438 ENGEN CORPORATION Dec Geotech svcs: John Warner Rd 297.50 297.50 89233 01/22/2004 000164 ESGIL CORPORATION Dec plan check svcs 16,724.54 16,724.54 89234 01/22t2004 006487 EUROPEAN CAFE & VINEYARD Refreshments: Mid yr budget - 65.40 65.40 Page2 apChkLst Final Check List Page: 3 O1/2212004 4:35:08PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 89235 01/22/2004 002037 EXPANETS Office watch call acct software 4,279.00 4,279.00 89236 01/22/2004 004464 EXXONMOBIL CARD SERVICES Fuel expense for City vehicles 267.87 267.87 89237 01/22/2004 000478 FAST SIGNS Decal Wings for the Police Dept 177.41 Book fair banner: RDA 128.88 306.29 89238 01/22/2004 000165 FEDERAL EXPRESS INC Express mail services 69.94 69.94 89239 01/22/2004 004178 FREEDOM SIGNS""""""""' Fac Imp Prgm: Mad Madeline's Grill 2,208.87 Fac Imp Prgm: Old Twn Car Stereo 1,077.50 Deduction: BCSE-404757 -25.00 3,261.37 89240 01/22/2004 000173 GENERAL BINDING CORPORAT Laminator yrly mntc contract 393.00 393.00 89241 01/22/2004 007255 GISIS, DEBRA Refund: Security Deposit 100.00 100.00 89242 01/22/2004 002528 GLASS BLASTERS INC New employee beverage mugs 33.40 33.40 89243 01/22/2004 002166 INGRAM ELECTRIC Electrical repairs: City Hall 289.50 289.50 89244 01122t2004 002726 INLAND EMPIRE BUSINESS 1 yr subscription:Eco Devel 24.00 24.00 89245 01/22/2004 001186 IRWIN, JOHN TCSD instructor eamings 60.00 60.00 89246 01/22/2004 007142 JAKE & COMPANY Res Imp Prgm: Richardson, Marianne 5,000.00 5,000.00 89247 01/22/2004 004603 JOHNSON POWER SYSTEMS CRC generator preventative mntc 415.00 C.Hall generator preventative mntc 415.00 830.00 89248 01/22/2004 004115 K T U & ASSOCIATES Nov svos: Roripaugh Ranch Trails 1,317.00 1,317.00 89249 01/22/2004 006744 LAMAR CORPORATION, THE Jan 1-15 Billboard: Old Town 2,500.00 2,500.00 89250 01/22/2004 007257 LAMBS OF LIFE BIBLE CHURCH Refund: Security Deposit 100.00 100.00 89251 01/22/2004 003726 LIFE ASSIST INC Paramedic squad supplies: Fire 2,704.71 Credit return Paramedic supplies: Fire -50.94 Credit return Paramedic supplies: Fire -343.08 2,310.69 Page3 apChkLst 01/22/2004 4:35:08PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 89252 01/22/2004 006897 LORY, SUSAN, J. TCSD instructor earnings 315.00 315.00 89253 01/22/2004 003028 LOS ANGELES TIMES Dec recruitment ads: HR 1,340.00 1,340.00 89254 01/22/2004 004087 LOWE'S Hardware supplies: TCSD 159.47 Hardware supplies: TCSD 101.95 Small tools & Equip: TCSD mntc 96.47 Hardware supplies: TCSD 41.86 Hardware supplies: TCSD 27.07 426.82 89255 01/22/2004 006182 M C M CONSTRUCTION, INC. Prgs Pmt #6:R.C.Bridge Widening 273,335.00 273,335.00 89256 01/22/2004 003782 MAIN STREET SIGNS Misc. Signs/Hardware:PW Maint. 585.08 585.08 89257 01/22/2004 004141 MAINTEX INC Custodial suppiies:City Hall 345.68 Custodial Supplies:TCC 337.53 Custodial Supplies:TCSD 227.45 Custodial Supplies:Sr Ctr 95.47 1,006.13 89258 01/22/2004 007254 MALIT, MARIETTA Refund:Sec. Deposit:01/03/04 100.00 100.00 89259 01/22/2004 001967 MANPOWER TEMPORARY SER Temp Help We 01/04/04 Dankworth 460.88 460.88 89260 01/22/2004 002693 MATROS, ANDREA TCSD Instructor Earnings 40.00 40.00 89261 01/22/2004 006435 MCCONNELL, LISA Reimb:Law Enforc. Conf:1218-10/03 65.34 65.34 89262 01/22/2004 001290 MEYER, JOHN EE Computer Purchase Prgm 2,000.00 2,000.00 89263 01/22/2004 001384 MINUTEMAN PRESS Business Cards:D. Hillberg 114.86 Business Cards:Casey/Kanigowski 85.66 200.52 89264 01/22/2004 000883 MONTELEONE EXCAVATING Grading Svc Lvl R Dirt Roads:Citywide 1,470.00 1,470.00 89265 01/22/2004 007011 MORRIS MEYERS MAINTENAN Nov prk janitorial svos: City Hall/Parks 4,500.00 Dec prk janitorial svcs: City Hall/Parks 9,000.00 89266 01/22/2004 002139 NORTH COUNTY TIMES Dec Dickens Holiday Ads:RDA 779.26 779.26 89267 01/22/2004 007277 NUNLEY, JAMES Reimb:Law Enforc. Conf:12/8-10/03 77.84 77.94 PageA apChkLst Final Check List Page: 5 01/22/2004 4:35:0813M CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 89268 01/22/2004 002292 OASIS VENDING City Hall Coffee/Kitchen Supplies 417.96 West Wing Coffee/Kitchen Supplies 167.06 585.02 89269 01/22/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle MainURepair Svcs 345.81 City Vehicle MainURepair Svcs 145.80 491.61 89270 01/22/2004 006112 OLSEN, KRISTIN Reimb: shelves for Museum 228.39 228.39 89271 01/22/2004 006849 ON SCENE OUTFITTERS Medics EMS Prev. Handouts/Supplies 89272 01/22/2004 000472 PARADISE CHEVROLET CADI Repair/Mntc of TCSD van 89273 01/22/2004 000733 PARTY PZAZZ Equip Rental:Dickens Hol. in O.T. 89274 01/22/2004 003218 PELA Nov Ldscp Plan Ck Svcs:Sprts Nov Ldscp Plan Ck Svcs:Comm. Thee 89275 01/22/2004 000580 PHOTO WORKS OF TEMECULA Dec Photo Developing:TCSD/PW 89276 01/22/2004 006480 PIERRE SPRINKLER & 89277 01/22/2004 007231 PLUM PARTY 89278 01/22/2004 000252 POLYCRAFT INC Ldscp Imprv:Vail Ranch Pkwy Channe F/D & M/S Date Night Supplies 14" City Seal Decals for City Vehicles 89279 01/22/2004 003697 PROJECT DESIGN CONSULTAN Oct Ldscp dsgn svcs:79S Medians Jan Ldscp dsgn Svcs:79S Medians Credit:insufficient back-up paperwork 89280 01/22/2004 004529 QUAID TEMECULA HARLEY-DA Repair/Maint:Police Motorcycles 89281 01/22/2004 002012 R D O EQUIPMENT COMPANY Parts for PW Maint. Div. Back Hoe Credit:Shipping Charges 89282 01/22/2004 000981 R H F INC Radar Equip Repair/Maint Svcs:P.D. Radar Equip Repair/Maint Svcs:P.D. 89283 01/22/2004 004318 R J BULLARD CONSTRUCTION Prgs Pmt #9:Soundwall Impry 89284 01/22/2004 004029 R J M DESIGN GROUP INC Oct Dsgn Svcs:Sports Complex 89285 01/22/2004 004494 RAMONA TIRE INC Flat Tire Repair for Fire Prev Vehicle 1,076.61 76.00 665.22 2,580.00 86.00 62.01 1,858.74 368.45 326.81 21,396.47 17,442.64 -130.22 1,727.84 38.32 -25.05 392.26 215.90 232,436.70 64,572.17 26.00 1,076.61 76.00 665.22 2,666.00 62.01 1,858.74 368.45 326.81 38,708.89 1,727.84 13.27 608.16 232,436.70 64,572.17 26.00 Pages apChkLst O1/22/2004 4:35:08PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 89286 01/22/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 3,590.48 3,590.48 89287 01/22/2004 004584 REGENCY LIGHTING Var. Parks Electrical Supplies 255.90 Sports Parks Electrical Supplies 188.93 444.83 89288 01/22/2004 002907 REINHART FONTES Property Appraisal Svcs:xx01 0/xx01 6 3,500.00 3,500.00 89289 01/22/2004 002412 RICHARDS WATSON & Nov 2003 legal services 114,949.99 114,949.99 89290 01/22/2004 006483 RICHARDS, TYREASHA I. TCSD Instructor Earnings 208.00 208.00 89291 01/22/2004 000352 RIVERSIDE CO ASSESSOR Assessor Maps for B&S Dept. 21.00 21.00 89292 01/22/2004 004773 RIVERSIDE CO SHERIFFS Nov 2003 Booking Fees 8,169.60 8,169.60 89293 01/22/2004 000357 RIVERSIDE CO FY 03/04 2nd Otr Traffic Sgnl/Light 35,139.00 35,139.00 89294 01/22/2004 000271 ROBERT BEIN WM FROST & A Oct Prgs Pmt #35:Santiago/1-15 1.100.00 Oct Prgs Pmt #36:Santiago/I-15 400.00 1,500.00 89295 01/22/2004 003544 ROBERT SHEA PERDUE REAL Prop. Appraisal Update:F.V. Pkwy/1-15 1,800.00 1,800.00 89296 01/22/2004 006555 S B C PACIFIC BELL Port T1 Interface Card:I.S. Dept 663.28 663.28 89297 01/22/2004 005227 SAN DIEGO COUNTY OF Support Pmt:Acct 661183401610 25.00 25.00 89298 01/22/2004 000278 SAN DIEGO UNION TRIBUNE Dec Recruitment Ads for H.R. Dept. 923.80 923.80 89299 01/22/2004 000751 SKILLPATH INC Ldrshp Dev/T. BIdg:D.Hazen:3/22/04 199.00 199.00 89300 01/22/2004 003766 SMAIL, SANDRA K. TCSD Instructor Earnings 336.00 336.00 89301 01/22/2004 000537 SO CALIF EDISON Jan 2-01-202-7330 Various Mtrs 37,796.42 Dec 2-00-397-5059 Various Mira 5,324.39 Jan 2-06-105-0654 Various Mtrs 2,398.72 Jan 2-25-393-4681 T.E.S. Pool 538.57 46,058.10 89302 01/22/2004 001212 SO CALIF GAS COMPANY Jan Var. City Facilities Gas Mfrs 4,324.40 4,324.40 Pages apChkLst Final Check List Page: 7 01/22/2004 4:35:08PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 89303 01/22/2004 002503 SOUTH COAST AIR QUALITY Renew Emerg. Generator Pennit:C.H. 201.77 Annual Emissions Fee:C.H. Generator 75.00 276.77 89304 01/22/2004 000519 SOUTH COUNTY PEST Pest Control Svcs:Fire Sin 84 80.00 Pest Control Svcs:Fire Stn 92 42.00 122.00 89305 01/22/2004 007232 SOUVENIRS OF HOLLYWOOD F/D & M/S Date Night Supplies 390.67 390.67 89306 01/22/2004 006145 STENO SOLUTIONS TRANSCRI Dec Transcription Svcs:P.D. 1,226.72 1,226.72 89307 01/22/2004 007273 STUMPS PRINTING COMPANY I F/D & MIS Date Night Supplies 540.29 540.29 89308 01/22/2004 003599 T Y LIN INTERNATIONAL Dec constr. Support: R.C. Bridge 1,960.00 1,960.00 89309 01/22/2004 000305 TARGET STORE Teen Prgm Supplies 29.85 29.85 89310 01/22/2004 005985 TECHNOLOGY INTEGRATION G Printer Supplies for I.S. Dept. 1,892.09 Printer Supplies for I.S. Dept 667.97 Printer Supplies for I.S. Dept. 398.36 Printer Supplies for I.S. Dept. 269.29 3,227.71 89311 01/22/2004 006465 TEMECULA AUTO REPAIR Paramedic Vehicle Maint. Svcs 1,597.56 Fire Prev. Vehicle Maint. Svcs 34.77 1,632.33 89312 01/22/2004 000307 TEMECULA TROPHY COMPAN Name Plates/Holders:Fox/Washington 65.13 65.13 89313 01/22/2004 006129 TEMECULA VALLEY CHAMBER Refund:Sec. Deposit:11/25 100.00 100.00 89314 01/22/2004 000306 TEMECULA VALLEY PIPE & SU CRC Plumbing Supplies 604.38 604.38 89315 01/22/2004 004477 TEMECULA VALLEY WOMANS FY 03/04 Comm Svc Funding Awrd 5,000.00 5,000.00 89316 01/22/2004 003366 TORAN DEVELOP. & CONSTRU Install Pressure Reg. Valve:T.E.S. Poo 875.78 875.78 89317 01/22/2004 006192 TRISTAFF GROUP Temp Help We 12/28 Bradley 253.50 253.50 89318 01/22/2004 003228 U S BANK TRUST NATIONAL AS Arbitrage Srvcs:CFD 88-12 2,000.00 2,000.00 89319 01/22/2004 004981 UNISOURCE SCREENING & 12/14-31 Background Screening Svcs 51.00 51.00 Page:7 apChkLst Final Check List Page: 8 01/2212004 4:35:08PM CITYOFTEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 89320 01/22/2004 006807 VANIR CONSTRUCTION (Continued) Description Amount Paid Pre-Constr. Svcs:O. T. Comm. Theate 23,110.68 89321 01/22/2004 004261 VERIZON CALIFORNIA Jan xxx-5072 General Usage Jan xxx-1473 P.D. Satellite Stn Jan xxx-1603 City Hall Jan xxx-3851 General Usage Jan xxx-8573 General Usage Jan xxx-3923 Stone 89322 01/22/2004 003730 WEST COAST ARBORISTS ING Cityside Tree Trimming Maint. Svcs Cityside Tree Trimming Maint. Svcs 89323 01/22/2004 004783 WEST GRP SAN DIEGO ASSOC Deposit:3118-19/04:Exec. Staff Retreat 89324 01/22/2004 003756 WHITE HOUSE SANITATION Jan Cleaning SVcs:Btrfld Stage R.R. 89325 01/22/2004 003776 ZOLL MEDICAL CORPORATION 1 yr Prev. Maint. Agreement:M.S. 4,243.73 111.72 89.93 41.02 31.54 27.54 10,302.50 5,020.00 2,391.12 50.00 Check Total 23,110.68 4,545.48 15,322.50 2,391.12 50.00 900.00 Grand Total All Checks: 1,015,042.06 Pages apChkLst 01/29/2004 5:05:09PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 251 01/29/2004 000444 INSTATAX (EDD) Employees state unemployment 2,363.15 2,363.15 252 01/29/2004 000444 INSTATAX (EDD) Employees state payroll taxes 23.40 23.40 253 01/29/2004 000283 INSTATAX (IRS) Employees fed payroll taxes 129.54 129.54 254 01/29/2004 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 1,924.14 1,924.14 255 01/29/2004 000246 PERS (EMPLOYEES RETIREME PERS ER Paid Member Contr Pmt 59,993.27 59,993.27 256 01/29/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 19,017.61 19,017.61 257 01/29/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 60,847.94 60,847.94 258 01/29/2004 000444 INSTATAX (EDD) State Disability Ins Payment 15,290.73 15,290.73 89326 01/29/2004 001985 A E P (ASSOC OF ENVIRO CEQA wrkshp:2/18:Powers,Sheila 160.00 CEQA wrkshp:2/18:Fisk, Stuart 160.00 320.00 89327 01/29/2004 004148 AT&T Long distance svos: P.D. 170.69 170.69 89328 01/29/2004 005322 ALTERNATIVES TO DOMESTIC, 03/04 Comm svc funding award 5,000.00 5,000.00 89329 01/29/2004 007280 AMERICAN MEDICAL RESPONS Paramedic training:12129-30 292.00 292.00 89330 01/29/2004 000747 AMERICAN PLANNING ASSOCI Membership: Powers, Sheila 190.00 190.00 89331 01/29/2004 000101 APPLE ONE, INC. Temp help PPE 1/17 Delarm 624.00 Temp help PPE 1/17 Wills 572.00 Temp help PPE 1/10 Wills 572.00 Temp help PPE 1/17 Lee 520.00 Temp help PPE 1/10 Lee 520.00 Temp help PPE 1/3 Wills 400.40 Temp help PPE 1/10 Delarm 374.40 Temp help PPE 1/3 Lee 364.00 Temp help PPE 12/27 Petifte 221.00 Temp help PPE 1/10 Alexander 57.20 4,225.00 89332 01/29/2004 003376 ARTS COUNCIL, THE TCSD Community Grant Agrmnt 10,000.00 10,000.00 Page:t apChkLst O1/29/2004 5:05:09PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 89333 01/29/2004 007298 AUSTIN, MIKE Reimb: ICBO certification fee 150.00 150.00 89334 01/29/2004 002541 BECKER CONSTRUCTION SRV SildDebris removal:J.Smith Channel 1,203.85 1,203.85 89335 01/29/2004 007267 BLOOMER, MONICA Refund: Yoga - Find the Power/fhr 33.40 33.40 89336 01/29/2004 007296 BOEHM, DR. SUSAN Refund: Kids Love Soccer 20.00 20.00 89337 01/29/2004 006721 BOISE CASCADE OFFICE 2- 42' filing cabinet: Finance Dept 696.79 Misc Office Supplies: Fire Prevention 205.53 Misc office supplies: Finance 92.67 Misc Office Supplies: Fire Prevention 9.08 Misc office supplies: Planning 0.69 1,004.76 89338 01/29/2004 003048 BOYS & GIRLS CLUB 03104 Comm svc funding award 5,000.00 5,000.00 89339 01/29/2004 004176 BROADWING Long distance &Internet Svcs 2,088.46 2,088.46 89340 01/29/2004 003577 CALIF DEPT OF EQUALIZATION Out of Slate +Sales/use tax return 4,651.14 4,651.14 89341 01/29/2004 005911 CALIF FIRE PREVENTION Fire & Life Safety:3/15-19:Newman 265.00 Fire & Life Safety:3/15-19:Horton 265.00 Fire & Life Safety:3r15-19:Albanese 235.00 765.00 89342 01/29/2004 004971 CANON FINANCIAL SERVICES, Feb Copier Lease Pmt 6,797.24 Feb copier lease pmt: Stn 73 328.63 7,125.87 89343 01/29/2004 000387 CAREER TRACK SEMINARS Taking Cntd:3/1:Harold 79.00 High Impact Comm:2/5:Salazar,S. 59.00 138.00 89344 01/29/2004 004006 CARROLL, JOSEPH New Council Group Photo 253.16 253.16 89345 01/29/2004 007270 CLARK, JOYCE Refund: Yoga -Find the Power T/TH 16.00 16.00 89346 01/29/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 163.00 163.00 89347 01/29/2004 001193 COMP U S A INC Misc. Computer Supplies: Inf Sys 169.41 169.41 89348 01/29/2004 000442 COMPUTER ALERT SYSTEMS Skate prk security system repairs 165.00 165.00 89349 01/29/2004 000447 COMTRONIX OF HEMET Removal Radio & Light bar:PW 75.00 75.00 Page2 apChkLst 01/29/2004 5:05:09PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check k Date Vendor Description Amount Paid Check Total 89350 01/29/2004 002945 CONSOLIDATED ELECTRICAL Repair Jet Box in Old Town 11.86 11.86 89351 01/29/2004 003986 COZAD & FOX INC Dec design svcs: Pala sound wall 495.80 495.80 89352 01/29/2004 006954 CRAFTSMEN PLUMBING & HVA TCC plumbing repairs 140.00 Sport Prk plumbing repairs 72.00 C. Museum plumbing repairs 70.00 282.00 89353 01/29/2004 004250 CUSTOM GATE Repair gates @ fire stn 84 225.00 225.00 89354 01/29/2004 001009 D B X INC Jan Svcs: Trffc Monitoring Sys 23,244.30 23,244.30 89355 01/29/2004 004123 D L PHARES & ASSOCIATES Feb lease/Maint:Police Satellite 2,079.87 2,079.87 89356 01/29/2004 000609 DOUBLETREE HOTEL Htl:'04 PW Officers:3/3-4:Hughes,W. 150.00 150.00 89357 01/29/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles 662.96 662.96 89358 01/29/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 1/9 Jensen 5,638.98 Temp help PPE 1/9 LN/LN 3,026.60 Temp help PPE 1/9 Rush 1,900.76 Temp help PPE 1/9 Kanigowski 1,256.64 Temp help PPE 1/9 Jones 1,217.87 Temp help PPE 1/9 Sang 1,181.75 Temp help PPE 1/9 Lontok 1,155.00 Temp help PPE 1/9 Cammarota 789.30 16,166.90 89359 01/29/2004 002390 EASTERN MUNICIPAL WATER 95366-02 Diego Or Ldscp 45.35 45.35 89360 01/29/2004 006746 ECO NOMICS, INC Base yr audit for trash svcs 3,037.00 3,037.00 89361 01/29/2004 005052 EMCOR SERVICE H.V.A.C. repair @ TCC 146.25 146.25 89362 01/29/2004 001165 ENTERTAINMENT PUBLICATI Fund raiser for TCSD teens 1,100.00 1,100.00 89363 01/29/2004 002060 EUROPEAN DELI & CATERING Refreshments: Closed session 246.64 Refreshments: SW County mtg 181.24 Refreshments: Commission Prk Tour 124.75 552.63 89364 01/29/2004 007293 EVANS, SHARON Refund: Yoga - Hatha Yoga/Fri. 36.67 36.67 Page3 apChkLst Final Check List Page: 4 01/29/2004 5:05:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 89365 01/29/2004 002037 EXPANETS City Hall telephone equip 1,025.25 1,025.25 89366 01/29/2004 000165 FEDERAL EXPRESS INC Express mail services 253.41 Express mail services 212.86 Express mail services 150.95 617.22 89367 01/29/2004 007302 FINANCIAL HEALTH RESEARC Refund: Security Deposit MPSC 100.00 100.00 89368 01/29/2004 003747 FINE ARTS NETWORK 03/04 Comm svc funding award 5,000.00 5,000.00 PageA apChkLst Final Check List Page: 5 01/29/2004 5:05:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 89369 01/29/2004 003347 FIRST BANKCARD CENTER LEAGUE OF CALIF CITIES SN Ann'I Conf:9/7-10:Nelson 475.00 EMBASSY SUITES HOTEL MN Htl:Na1'I League Cf:12/9-12 445.85 MARRIOTT HOTEL SJ Htl:Law & Elect Cf:12/10-12 381.48 LANDS' END BUSINESS OUTFIT JO CM/HR/ED team bldg supplies 314.91 UNITED AIRLINES MN Airfare:Baltimore 1/20-24/04 287.50 TONY ROMAS SJ Refreshments: Council Mtg 251.32 ALAMO RENT -A -CAR SJ Car Rental:Law & Elect Cf:12/10- 147.73 TECHREPUBLIC TT Bk:IT Security Survival Guide 95.90 EARTHLINK INC SJ Internet svcs for Jan 04 75.85 PIZZA HUT TT Refreshments: Team Bldg 74.36 WHARFSIDE RESTAURANT SJ Meal:Law & Elect Cf:12/10-12 54.01 ONTARIO AIRPORT SJ Prkg:Law & Elect Cf:12/10-12 36.00 AMAZON.COM, INC TT Office FmtPg'03 Inside Out 34.99 ONTARIO AIRPORT MN Prkg:Narl League Cf:12/9-12 33.00 GARLIC FARM JEFFERY'S SJ Meal:Law & Elect Cf:12/10-12 30.33 MARRIOTT HOTEL SJ Htl:Law & Elect Cf:12/10-12 25.34 VINCES SPAGHETTI EXPRESS TT Refreshments: Team Bldg 21.66 SAN JOSE INTERNATIONAL At SJ Meal:Law & Elect Cf:12/10-12 21.39 UNION 76 SJ Fuel:Law & Elect Cf:12/10-12 14.35 NASHVILLE INTERNATIONAL A MN Meal:Nat'I League Cf:1219-12 10.90 V LINK WIRELESS INTERNET MN On the road internet svcs 10.00 CENTRAL PARKING MN Prkg:Nat'I League Cf:12/9-12 10.00 OPRY MILLS SHOPPING CENTE MN Meal:Nat'I League Cf:1219-12 8.62 ALAMO RENT -A -CAR SJ Credit:Law & Elect Cf:12/10-12 -12.80 2,947.69 89370 01/29/2004 003281 FOREMOST FIRE PROMOTION Crime prevention supplies: Police 777.36 777.36 89371 01/29/2004 007274 FORGE, THE Refreshment:Old Twn Review Board 150.31 150.31 89372 01/29/2004 000795 FRED PRYOR SEMINARS/CARE Pwrpoint sem:11/4:Simpkins 129.00 129.00 Pages apChkLst Final Check List Page: 6 01/29/2004 5:05:0912M CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check k Date Vendor Description Amount Paid Check Total 89373 01/29/2004 004178 FREEDOM SIGNS""""""""` Fac Imp Prgm: Old Twn Car Stereo 1,077.50 Deduction: BCSE-404757 -25.00 1,052.50 89374 01/29/2004 007292 GEBBIE, DYANA Refund: Kids Luv Soccer Pre 4-6/F 80.00 80.00 89375 01/29/2004 000173 GENERAL BINDING CORPORAT Binding and lamination supplies 489.78 489.78 89376 01/29/2004 000177 GLENNIES OFFICE PRODUCTS Office Supplies: TCSD 49.25 49.25 89377 01/29/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire 16.78 16.78 89378 01/29/2004 007299 GOLDSMITH, JENNIFER Voorburg exchg student sponsorship 1,800.00 1,800.00 89379 01/29/2004 007294 GORDON, DEBORAH Refund: Digital Cameras 2 - Intern 30.00 30.00 89380 01/29/2004 005311 H2O CERTIFIED POOL WATER CRC/rES Dec pool svcs 1,387.24 1,387.24 89381 01/29/2004 007300 HAERR, DENISE Nakayama exchg student sponsorship 2,000.00 2,000.00 89382 01/29/2004 000186 HANKS HARDWARE INC Hardware supplies: Fire Dept 288.38 288.38 89383 01/29/2004 007261 HOFFMAN, CHRISSY Refund: Yoga -Prenatal Yoga 38.00 Refund: Yoga -Prenatal Yoga 9.50 47.50 89384 01/29/2004 003624 HOWELL, ANN MARIE Graphic Design for Weaver publication 113.14 Graphic Design for Weaver publication 75.43 Eco Dev photo designs: San Diego ad 75.43 264.00 89385 01/29/2004 000194 1 C M A RETIREMENT TRUST 45 ICMA Retirement Payment 7,120.46 7,120.46 89386 01/29/2004 001517 INTEGRATED INSIGHTS DBA: H Jan EE assistance program 682.29 682.29 89387 01/29/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 706.25 706.25 89388 01/29/2004 000501 INTL INSTITUTE OF MUNICIPAL Membership: Susan Jones 75.00 75.00 89389 01/29/2004 004488 J S A PUBLISHING Children's museum advertising 300.00 300.00 Pages apChkLst Final Check List Page: 7 01/29/2004 5:05:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 89390 01/29/2004 002140 JAGUAR COMPUTER SYSTEMS 2-insert doors: Computer Room 659.43 Insert door 421J: Inf Sys 346.01 Police dept computer repairs 122.66 1,128.10 89391 01/29/2004 004603 JOHNSON POWER SYSTEMS Emerg generator preventative mntc 415.00 415.00 89392 01/29/2004 002424 KELLEY DISPLAY INC Car Show Banners storage svcs 1,350.00 1,350.00 89393 01/29/2004 007259 KHAN, STEPHANIE Refund: Yoga -Find the Power rue 9.50 9.50 89394 01/29/2004 003631 KLEINFELDER INC Dec Geotech: R. C. Rd Bridge 4,194.00 4,194.00 89395 01/29/2004 004062 KUSTOM SIGNALS INC Hand held radar units for police 11,617.35 11,617.35 89396 01/29/2004 000945 L P S COMPUTER SERVICE Finance HP printer repair: IS 485.84 485.94 89397 01/29/2004 007305 LACKEY, BILL Fac Impr Prgm: Main St. Substation 11,052.00 11,052.00 89396 01/29/2004 000210 LEAGUE OF CALIF CITIES '04 PW Officers:3/3-5/04:Hughes 425.00 425.00 89399 01/29/2004 007222 LEISURE ENTERPRISES Spark of Love Plaques 258.60 258.60 89400 01/29/2004 007303 LEN, KELLY Refund: Security Deposit MPSC 100.00 100.00 89401 01/29/2004 004905 LIEBERT, CASSIDY & WHITMOR Dec HR legal svcs for TE060400001 360.00 360.00 89402 01/29/2004 003782 MAIN STREET SIGNS Street Signs:PW Maint Div 123.91 123.91 89403 01/29/2004 004141 MAINTEX INC Custodial Supplies:West Wing 212.57 Custodial Supplies:CRC 129.94 342.51 89404 01/29/2004 001967 MANPOWER TEMPORARY SER Temp Help We 01/11 Dankworth 641.94 641.94 89405 01/29/2004 007260 MAPES, VIRGINIA WALKER Refund: Yoga -Find the PowerfTue 9.50 9.50 89406 01/29/2004 001256 MARRIOTT HOTEL HtI:CFPI Wrkshp:3/15-19:JN/MH/PA 1,468.50 1,468.50 89407 01/29/2004 007262 MARTIN, MONICA Refund: Yoga -Prenatal Yoga 9.50 9.50 Page:? apChkLst Final Check List Page: 8 01/29/2004 5:05:0912M CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 89408 01/29/2004 007266 MILLER, MICHELLE Refund: Yoga - Mom & Baby 9.50 9.50 89409 01/29/2004 001384 MINUTEMAN PRESS Bus. Cards:Naggar/Stone/Comerchero 344.58 Business Cards:J. Simpson 114.86 459.44 89410 01/29/2004 001892 MOBILE MODULAR Jan Modular Bldg Rental:Stn 92 832.40 832.40 89411 01/29/2004 004586 MOORE FENCE COMPANY Removelinstall Fencing: R.Highlands 12,928.00 12,928.00 89412 01/29/2004 006146 MT SAN JACINTO COMMUNITY Outlook Offsite Training:Admin Staff 2,100.00 2,100.00 89413 01/29/2004 002925 NAPA AUTO PARTS Parts/Supplies:PW Maint Div 5.14 5.14 89414 01/29/2004 000718 NATIONAL RECREATION/PARK Annual Membership Dues:H.Parker 215.00 215.00 89415 01/29/2004 007301 NAVARRO, RANDY Refund:Cite D491183 15.00 15.00 89416 01/29/2004 002139 NORTH COUNTY TIMES Jan -Jun Subscription:PW 61.00 61.00 89417 01/29/2004 007272 OANA-MARTINEZ, MICHELLE Refund: Tiny Tots -Terrific 3's 51.00 51.00 89418 01/29/2004 007268 OLD TOWN TEMECULA Refund: Yoga -Find the Power TIrH 16.00 16.00 89419 01/29/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint/Repair Svcs 403.34 403.34 89420 01/29/2004 001619 ORANGE COUNTY REGISTER I Recruitment Ads: H.R. Dept. 461.18 461.18 89421 01/29/2004 001958 PERS LONG TERM CARE PROG PERS Long Term Care Payment 288.55 288.55 89422 01/29/2004 000249 PETTY CASH Petty Cash Reimbursement 720.68 Petty Cash Reimbursement 361.59 1,082.27 89423 01/29/2004 007271 PINSON, JILL Refund: Gymnastics- Gym Stars 91.00 91.00 89424 01/29/2004 000253 POSTMASTER Express Mail & Postal Svcs 120.55 120.55 89425 01/29/2004 002185 POSTMASTER-TEMECULA Replenish Postage Due Account 50.00 50.00 Pages apChkLst 01/29/2004 5:05:09PM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 89426 01/29/2004 004957 PREMIER Fire Prev. Uniform Shirt 31.25 31.25 89427 01/29/2004 005075 PRUDENTIAL OVERALL SUPPL Dec TCSD Maint Uniforms/Caps 1,430.64 1,430.64 89428 01/29/2004 007297 RAMONA PAGEANT ASSN INC Mus. Vol. Docent Training:4/17/04 145.50 145.50 89429 01/29/2004 000728 RAMSEY BACKFLOW & PLUMB Var. Slopes Backflow Testing Svcs 862.00 Var. Parks Backflow Testing Svcs 90.00 952.00 89430 01/29/2004 000262 RANCHO CALIF WATER DIST Jan 01-23-01075-1 Crowne Hill 406.30 406.30 89431 01/29/2004 000947 RANCHO REPROGRAPHICS Dup Blueprints:J.Wamer Prjt 70.06 70.06 89432 01/29/2004 003591 RENES COMMERCIAL MANAGE Citywide R-O-W Clean UpNV.Abate 3,500.00 3,500.00 89433 01/29/2004 002110 RENTAL SERVICE CORPORATI Equip Rental for PW Maint Div 16.72 16.72 89434 01/29/2004 000266 RIGHTWAY Equip RentaVRelocation:Paseo Park 165.21 Equip Rental - Lng Crk Cyn Prk 59.79 225.00 89435 01/29/2004 000353 RIVERSIDE CO AUDITOR Nov Parking Citation Assessments 1,217.83 1,217.83 89436 01/29/2004 000267 RIVERSIDE CO FIRE Jul -Sept 2003:Fire Services 853,371.65 Credit:Operational Svc Costs:Stn 83 -67,607.75 785,763.90 89437 01/29/2004 000411 RIVERSIDE CO FLOOD Aug -Sep Plan Ck fees: Pechanga Pkw 3,218.29 3,218.29 89438 01/29/2004 000268 RIVERSIDE CO HABITAT Nov/Dec K-Rat Payment 4,540.00 4,540.00 89439 01/29/2004 001624 ROBERTS, GENIE Reimb:Financial Mgmt Sem:12/3-5 9.64 9.64 89440 01/29/2004 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 505.60 505.60 89441 01/29/2004 005227 SAN DIEGO COUNTY OF Support Payment 132.00 132.00 89442 01/29/2004 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 89443 01/29/2004 004562 SCHIRMER ENGINEERING COR Dec Fire Prev Plan Ck Svcs 1,200.00 1,200.00 Page9 apChkLst Final Check List Page: 10 01/29/2004 5:05:09PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 89444 01/29/2004 007295 SHAFFER, RONALD (Continued) Description Amount Paid Check Total Refund: Digital Cameras 2 - Intern 60.00 60.00 89445 01/29/2004 004609 SHREDFORCE INC Jan Doc. Shred Svcs:Records Mgmt Jan Doc. Shred Svcs:P.D. 89446 01/29/2004 007145 SIGN CONCEPTS Banner for the Temecula Citizen Corp 89447 01/29/2004 000645 SMART & FINAL INC Recreation Supplies:Teen Prgm Recreation Supplies:TCC 89448 01/29/2004 000374 SO CALIF EDISON St. Light Reloc:R.C.Bridge Widening 89449 01/29/2004 000537 SO CALIF EDISON Jan 2-19-999-9442 Various Mfrs Jan 2-02-351-4946 Sr Ctr Jan 2-18-937-3152 Museum Jan 2-23-365-5992 Fire Sin 92 Jan 2-22-891-0550 Various Mfrs Jan 2-11-007-0455 6th St Jan 2-24-817-8717 Old Kent Prk Jan 2-20-817-9929 P.D.Front St Sin Jan 2-18-049-6416 Front St Ped Jan 2-21-911-7892 O.T.Prk Lot Jan 2-21-981-4720 Hwy 79 Jan 2-19-171-8568 Wedding Chpl Jan 2-24-572-8969 Old Town Front St Jan 2-24-634-0426 Old Town Front St Jan 2-22-057-2226 6th St Jan 2-24-628-8963 Btrfld Stage Jan 2-14-204-1615 Front St Rdio Jan 2-24-151-6582 Overland Td 89450 01/29/2004 001212 SO CALIF GAS COMPANY Jan 095-167-7907.2 Fire Sin 84 89451 01/29/2004 006397 SPARTAN TRUCK EQUIPMENT I Multi -Purpose Maint Truck:PW 89452 01/29/2004 005786 SPRINT 89453 01/29/2004 007263 STEVENSON, MARIANNE 89454 01/29/2004 003599 T Y LIN INTERNATIONAL 89455 01/29/2004 000305 TARGET STORE Jan Acct Level Chrgs Refund: Yoga -Prenatal Yoga Nov Constr Support: R.C.Bridge Widen Nov Dsgn Svcs:R.C.Bridge Widening Gift Certificates:Spark of Love Toy 110.00 24.00 171.32 60.93 9.94 2,756.88 2,018.27 691.06 456.95 450.58 279.04 263.97 231.81 178.27 165.85 138.39 65.67 59.83 51.69 50.19 43.72 27.50 19.02 14.19 293.60 152,646.19 33.79 9.50 4,871.18 1,300.04 750.00 134.00 171.32 70.87 2,756.88 5,206.00 293.60 152,646.19 33.79 9.50 6,171.22 750.00 Page:10 apChkLst 01/29/2004 5:05:09PM Final Check List CITY OF TEMECULA Page: 11 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 89456 01/29/2004 006465 TEMECULA AUTO REPAIR Fire Prev Vehicle Repair/Maint Svcs 698.01 698.01 89457 01/29/2004 005412 TEMECULA GARDEN & POWER Equip Parts:PW Maint Div 93.66 93.66 89458 01/29/2004 004443 TEMECULA LITTLE LEAGUE Community Svc Funding Award 2,000.00 2,000.00 89459 01/29/2004 000307 TEMECULA TROPHY COMPAN Recogn. Plaque:T.Edwards 64.06 Recogn. Award:tst Otr:T.Petricka 61.63 125.69 89460 01/29/2004 005722 TEMECULA VALLEY GARDEN C Community Svc Funding Award 500.00 500.00 89461 01/29/2004 004274 TEMECULA VALLEY SECURITY Locksmith Svcs:Temeku Hills Prk 106.48 Locksmith Svcs:Parks 43.40 149.88 89462 01/29/2004 000668 TIMMY D PRODUCTIONS INC DJ Svcs:Teen Prgm Dance:1/16/04 350.00 350.00 89463 01/29/2004 000319 TOMARK SPORTS INC Equipment & Supplies for fields 1,517.50 1,517.50 89464 01/29/2004 002452 TOP LINE INDUSTRIAL Parts/Supplies for PW Maint Div 18.02 18.02 89465 01/29/2004 006192 TRISTAFF GROUP Temp Help We 01/11 Bradley 481.00 481.00 89466 01/29/2004 000459 TUMBLE JUNGLE FITNESS GY TCSD Instructor Earnings 96.00 96.00 89467 01/29/2004 007269 ULRICH, CAROL Refund: Musician's Wksp-Jr. Chorus 121.00 121.00 89468 01/29/2004 000325 UNITED WAY United Way Charities Payment 220.00 220.00 89469 01/29/2004 004368 VALI COOPER & ASSOCIATES I Nov Constr Inspection Amend #1 Pmt 1,600.00 1,600.00 89470 01/29/2004 004261 VERIZON CALIFORNIA Jan xxx-0074 General Usage 263.72 Jan m-3564 Alarm 57.37 321.09 89471 01/29/2004 004848 VERIZON SELECT SERVICES I Jan Long Distance Phone Svcs 1,453.86 1,453.86 89472 01/29/2004 007265 VONGRUENIGEN, TOMOE Refund: Yoga - Mom & Baby 9.50 9.50 89473 01/29/2004 007304 WARBURTON, ANDREW Refund:Sec.Deposit:5/20/03:MPSC 100.00 100.00 Page:it apChkLst O1/29/2004 5:05:09PM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 89474 01/29/2004 003063 WEAVER PACIFIC PUBLICATI 2004 Official Visitors Guide W/S & S/F 9,956.25 2004 S/F San Diego Pocket Guide 3,000.00 12,956.25 89475 01/29/2004 003730 WEST COAST ARBORISTS INC Park Tree Trimming Svcs 5,700.00 Slope Tree Trimming Svcs 1,427.00 7,127.00 89476 01/29/2004 005754 WESTERN EAGLE FOUNDATIO Community Svc Funding Award 5,000.00 5,000.00 89477 01/29/2004 007264 WESTMORELAND, VANESSA Refund: Yoga -Prenatal Yoga 9.50 9.50 89478 01/29/2004 005995 WESTWAYS & JOURNEY PUBL Text Change Chrg:Nov/Dec Ad 75.00 75.00 Grand Total All Checks: 1,337,966.55 Page:12 ITEM 4 APPROVAL CITY ATTORNEY. DIRECTOR OF F CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: February 10, 2004 SUBJECT: City Treasurer's Report as of December 31, 2003 PREPARED BY: Karin Grance, Revenue Manage Shannon Domenigoni, Accountant RECOMMENDATION: Thatthe CityCouncil receive and file the CityTreasurer's Reportasof December 31, 2003. DISCUSSION: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of December 31, 2003. FISCAL IMPACT: None Attachments: City Treasurer's Report as of December 31, 2003 City of Temecula City Treasurer's Report As of December 31, 2003 Cash Activity for the Month of November: ' Cash and Investments as of December 1, 2003 $ 96,685,228 Cash Receipts 6,468,575 Cash Disbursements (6,394,423) Cash and Investments as of December 31, 2003 $ 96,759,380 Cash and Investments Portfolio: Maturity/ Purchase Temilnatim Market Par/Book Type of Investment Institution Yield Date Date Value Balance Petty Cash City Hall n/a $ 1,500 General Checking Union Bank n/a 970,022 (1) Flex Benefit Demand Deposits Union Bank n/a 9,175 (1) Local Agency Investment Fund State Treasurer-LAIF 1.545 % 59,956,586 (2) Federal Agency- Callable Federal Home Loan Bank 2.250 % 5222003 6/192006 997,500 1,000,000 Federal Agency- Callable Federal Home Loan Mortgage Cc 2.000 % 6/62003 6/302006 992,620 1,000,000 Federal Agency- Callable Federal Home Loan Bank 1.885 % 6262003 1232006 996,560 1,000,000 Federal Agency- Callable Federal Home Loan Bank 2.250 % 6262003 7242006 995,940 1,000,000 Federal Agency- Callable Federal Home Loan Bank 2.500 % 7/162003 V142006 2,000,620 2,000,000 Fcderal Agency- Callable Fcderal Home Loan Bank 3.430 % 12/112003 6/152007 1,001,250 1,000,000 Federal Agency- Callable Federal Home Loan Bank 3.500 % 12222003 6222007 2,010,000 1,997,500 Federal Agency- Callable Federal Home Loan Bank 3.375 % 12292003 12292006 2,009,380 2,000,000 Federal Agency- Callable Federal Home Loan Mortgage Cc 3.000 % 12/302003 3292007 992,040 996,000 Checking Account - Parking Citations Union Bank n/a 3,694 Certificate of Deposit - Retention Bscrow Community National Bank n/a 188,003 Bond Fond - CID 88-12 U.S. Bank (First Am Treasury) 0.420 % - (Money Market Account) Delinquency Maintenance Account - CID 88-12 CDC Funding Corp 5.430 % 9/12017 500,000 (Investment Agreement) Delinquency Maintenance Account - CID 88-12 U.S. Bank (Fast Am Treasury) 0.420 % 498,154 (Money Market Account) Reserve Fund - CID 88-12 CDC Funding Corp 5.430 % 9/12017 1,531,469 (Investment Agreement) Reserve Account - CID 88-12 U.S. Bank (First Am Treasury) 0.420 % 41,863 (Money Market Account) Special Tax Fund - CID 01-2 U.S. Bank (First Am Treasury) 0.420 % 448,571 (Money Market Account) Admin Expense Fund - CFD 01-2 U.S. Bank (First Am Treasury) 0.420 % 473,782 (Money Market Account) Variable Bond Fund - CID 01-2 U.S. Bank (First Am Treasury) 0.420 % 2,746 (Money Market Account) Capital Interest Fund - CID 01-2 U.S. Bank (First Am Treasury) 0.420 % 9,853 (Money Market Account) Interest Differential Fund - CID 01.2 U.S. Bank (First Am Treasury) 0.420 % 130,989 (Money Market Account) Capital Improvement Fund - CID 01-2 U.S. Bank (First Am Treasury) 0.420 % 3,956,654 (Money Market Account) Capital Interest Fund - CID 03-1 U.S. Bank (First Am Treasury) 0.420 % 44,603 (Money Market Account) Reserve Arad - CID 03-1 U.S. Bank (First Am Treasury) 0.420 % 872,100 (Money Market Account) City Improvement Kurd -CID 03-1 U.S. Bank (First Am Treasury) 0.420 % 1,504,405 (Money Market Account) Cal Trans Improvement Fund - CID 03-1 U.S. Bank (First Am Treasury) 0.420 % 1,001,401 (Money Market Account) Acquisition Account Fund - CID 03-1 U.S. Bank (First Am Treasury) 0.420 % 2,291,829 (Money Market Account) Cost of Issuance Pand - CID 03-1 U.S. Bank (First Am Treasury) 0.420 % 6 (Money Market Account) Page 1 Cash and Investments Portfolio: Maturity/ Purchase Termination Market Type of Investment Institution Yield Date Date Value Redemption Find - CFD 03-04 U.S. Bank (First Am Treasury) 0.420 % (Money Market Account) Reserve Fund - CFD 03-04 (Money Market Account) Improvement Fund - CFD 03-04 (Money Market Account) Cost of Issuance Pand - CFD 03-04 (Money Market Account) Interest Account - RDA TABS (Money Market Account) Reserve Account - RDA TABS (Surety Bond) Project Account - RDA TABS (Money Market Account) Project Account -RDA TABS (Local Agency Investment Fund) Installment Payment Fund - TCSD COPS (Money Market Account) Delivery Cost Fund - TCSD COPS (Money Market Account) Project Fund - TCSD COPS (Money Market Account) Project Fund - TCSD COPS (Local Agency Investment Fund) U.S. Bank (First Am Treasury) U.S. Bank (First Am Treasury) U.S. Bank (First Am Treasury) U.S. Bank (First Am Treasury) U.S. Bank (First Am Treasury) U.S. Bank (First Am Treasury) State Treasurer-LAIF U.S. Bank (First Am Treasury) U.S. Bank (First Am Treasury) U.S. Bank (First Am Treasury) State Treasurer-LAIF 0.420 % 0.420 % 0.420 % 0.380 % n/a 0.420 % 1.545 % 0.420 % 0.420 % 0.420 % 1.545 % Par/Bock Balance 56,390 99,590 1,040,951 3,543 11 1 501 6,342,851 66 2 9,490 2,775,078 $ 96,759,380 (I) -This amount is net of outstanding checks. (2)-At Decemba 31, 2003 total market value (including accmed interest) for the Local Agency Investment Fund (LAIF) was $53,854,412,126. The City's pmportianate share of that value is $59,992,049. All investments are liquid and currently available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Page 2 CITY OF TEMECULA Cash and Investments Report As of December 31, 2003 001 GENERAL FUND 100 GAS TAX FUND 101 STATE TRANSPORTATION FUND 120 DEVELOPMENT IMPACT FUND 140 COMMUNITY DEV BLOCK GRANT 150 AB 2766 FUND 160 AB 3229 COPS 165 RDA DEV- LOW/MOD SET ASIDE 170 MEASURE A FUND 190 COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 195 TCSD SERVICE LEVEL R 210 CAPITAL IMPROV PROJ FUND 261 CFD 88-12 ADMIN EXPENSE FUND 271 HARVESTON CFD 01-2 IMPROVEMENT FUND 274 JOHN WARNER AD-CIP 280 REDEVELOPMENT AGENCY - CIP PROJECT 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA TABS DEBT SERVICE-TEMECULA 02 390 TCSD COP DEBT SERVICE-TEMECULA 01 460 CFD 88-12 DEBT SERVICE RESERVE FUND 470 CFD 01-2 ADMIN/DEBT SERVICE FUND 471 CFD 98-1 ADMIN EXPENSE FUND 473 CFD 03-1 CROWNE HILL RESERVE FUND 474 JOHN WARNER ASSESSMENT DISTRICT 820 GENERAL FIXED ASSET GROUP 840 GEN LTD ACCOUNT GROUP Fund Total 24,904,935.00 344,049.46 72,777.27 14,538,339.33 0.00 96,458.76 0.00 6,115,244.78 4,321,985.88 0.00 0.00 0.00 220,351.31 20,466.77 18,546,168.99 24,842.80 3,956,654.02 0.00 8,810,802.86 1,187,699.93 273,157.99 422,545.80 162,997.89 0.00 1,302,837.10 134,463.43 2,770,998.38 1,447,493.53 11,422.03 5,872,213.17 1,200,473.78 0.00 0.00 Grand Total: 96 759 380.26 ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINAL CITY MANAGER_ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: rIiusan W. Jones, CMC, City Clerk DATE: February 10, 2004 SUBJECT: Retention Policy and Schedule Revisions Prepared By: Gwyn R. Flores, Records Coordinator RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, ESTABLISHING A RECORDS RETENTION PROCEDURE, AND REPEALING RESOLUTION NO. 92-17 BACKGROUND: The Records Management Division of the City Clerk's Department has the responsibility to maintain a comprehensive records management program for the City of Temecula. The purpose of that program is to process documents efficiently through proficient records management. The objective of the program is to administer and preserve the records vital to the operation of the City and to dispose of those that have served their usefulness. By so doing, City records are not only managed and processed more efficiently, but cost -savings are realized by not retaining records which are no longer necessary. With rising records requests and the growth of the City, a comprehensive program is necessary to meet Public Records Requests requirements of 10-day turn -around period. In an effort to make the records retention schedule comprehensive of all City records and easy to use and understand, the City Clerk and Records Coordinator have conducted a city-wide study, encompassing the needs of each department. Each City department has reviewed and signed -off on the proposed retention schedule. Then in conjunction with the City Attorney, Government Code Sections that deal with mandated retention periods have been researched and referenced. The attached retention schedule is in accordance with the Government Codes and meets suggested guidelines of the City Clerk's Association of California, of which the City Clerk, Deputy City Clerk, and Records Coordinator are active members. Through the City's proactive Records Management Program, City records are assessable and managed effectively. Through document imaging and the revision of the Retention Schedule, the growing needs of the City, in regards to Records Management, will continue to be addressed. ATTACHMENTS: Exhibit 1 - Proposed Resolution Exhibit 2 - Retention Schedule RESOLUTION NO. 04_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, ESTABLISHING A RECORDS RETENTION PROCEDURE, AND REPEALING RESOLUTION NO. 92-17 NOW BE IT RESOLVED by the City Council of the City of Temecula as follows: WHEREAS the keeping of various records is not essential after a certain period of time for the effective and efficient operation of the government of the City of Temecula; and WHEREAS Government Code Section 34090 of the State of California permits the City Clerk to destroy any City record, document, instrument, book or paper, under his or her charge, without making a copy thereof, after the same is no longer required, provided the method of destruction is approved by the City Council by resolution and the City Attorney has given his written consent. Section 1. The Directors of the various departments of the City of Temecula may destroy any City record, document, instrument, book or paper, under his or her charge, without making a copy thereof, pursuant to the Records Retention Schedule attached hereto as Exhibit 2. Such records will be destroyed as provided in the Records Retention Schedule and in conformity with Government Code Section 34090 at. seq. and other applicable provisions of state law. Section 2. This resolution does not authorize the destruction of: A. Records affecting the title to real property or liens thereof B. Court records C. Records required to be kept by statute D. Records less than three years old E. The minutes, ordinances, or resolutions of the City Council or of any City Board or Commission Section 3. The destruction of any record, as provided for herein, shall be by shredding and shall be witnessed by the City Clerk or a designated representative. Section 4. Resolution No. 92-17 is hereby repealed. Section 5. The City Clerk shall certify the adoption of this resolution (attached Exhibit 2). PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 10`' day of February, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-_ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 10th day of February, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk CITY OF TEMECULA RETENTION SCHEDULE LEGENDS LEGENDS AA AFTER AUDIT AC AFTER CLOSED AD AFTER DISPOSITION AS AFTER SETTLED AT AFTER TERMINATED C CURRENT CL CLOSED E ELECTION L LIFE P PERMANENT UC UNTIL CLOSED UD UNTIL DISPOSED US UNTIL SUPERCEDED 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 100 GENERAL ADMINISTRATIVE FILES 100-01 Mission Statement C P Y P 34090 Keep on inals for historical purposes 100-02 Policies and Procedures(City Wide C P Y P 34090 Keep originals for historical purposes 101 CORRESPONDENCE CONTROL FILES 101-01 Chronolo ical Files C 2 N C+ 2 34090 101-02 Mall Log C 2 N C+ 2 34090 101-03 Telephone Record Books C 2 N C + 2 34090 Discard after 2 years 101-04 Suspense Files C 2 N C + 2 34090 Discard after 2 years 101-05 Mailina Requests C 2 N C+ 2 34090 101-06 No Longer in Use 101-07 No Longer in Use 200 PLANNING, BUDGET & PROGRAMMING FILES 201 EMERGENCY PLANNING FILES 201-01 Emerge Plannin Files C P Y P 34090 201-02 Emergency Reporting Files C P Y P 34090 201-03 Civil Disturbance & Riot Files C P Y P 34090 201-04 Disaster Reporting Files C P Y P 34090 201-05 Civil Defense/Terrorism PlanningFiles C P Y P 34090 201-06 Emergency Communications Files Includes 911 C P Y P 6254 201-07 CommunityResources C N US 6254 201-08 Emergency Management Training C P Y P 6254 202 1 ORGANIZATION PLANNING FILES O anization Plannin C' of Temecula C 2 Y C+2 34090 CITY PLANNING FILES Tentative Ma Files/Tentative Tract Ma C P Y P 34090 Tentative Parcel Me Files C P Y P 34090 F2O33- Zone Cha a Files C P Y P 34090 Variance Files C P Y P 34090 No Lon er in Use No Lon er in Use Temporary Use Permit C 2 N C + 2 34090 20348 1 Conditional Use Permit Has C P Y P 34090 20399 No Longer in Use 203-10 Administrative Development Plan C P N P 34090 203.11 General Plan Amendments C P I Y P 34090 203-12 Lot Line Adjustment C P Y P 34090 203.13 Environmental Initial Study &EIR C P Y P 34090 203-14 No Longer in Use 203.15 comprehensive Sign Pro rem C P Y P 34090 203-16 Tem ore Real Estate Sin C 2 N C + 2 34090 203.17 Sign Permit C P Y P 34090 203.18 No Lon er in Use 203.19 Parcel Mer er C P Y P 34090 203-20 I Home Occupation Permit C P Y P 34090 203.21 1 Planned S ecinc Plan C P Y P 34090 203-22 Certificate of Compliance C P Y P 34090 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 203-23 Waivers of Final Map C P Y P 34090 20324 Development Plans C P Y P 34090 203-25 Second Unit Permit C P Y P 34090 203-26 Consistency Check C 2 N C +2 34090 203-27 1 Annexation C P Y P 34090 meM A reements C P Y P 34090 Substantial Conformance C P Y P 34090 No Lon er in Use R20328Develo Landscape Agreements/Bonds/Plans C P Y P 34090 Landscape plans permanent as may be referenced in Conditions of A roval A eals C 2 N C +2 34090 No Lon er in Use No Lon er in Use COMPUTER APPLICATIONS 8 DIRECTORIES 204-01 Computer Studies Files C P Y P 34090 204-02 Computer Programming Files & Department Directories C C C C 2 2 .5 2 mos. N N N N C + 2 C+ 2 C +.5 C+ 2 mos. 34090 Y Annual backup Monthly backup Weekly backup Dail backup 204-03 Computer Information and Reference Manuals C -- N LED 6254 Until equipment is disposed of 204-04 Information Systems — Reports 8 Ornani2ation C 2 N C+ 2 34090 204-05 1 Archived E-mail C 2 N C+ 2 34090 205 BUDGET FILES 205-01 1 Bud et Working Paper Files C 2 N C + 2 34090 205-02 Proposed Bud et C 2 N C + 2 34090 205-03 Approved Budget C P Y I P 34090 205-04 Bud et Ad ustments C P Y P 34090 205-05 No Longer in Use 205-06 No Lon er in Use 205-07 No Lon er in Use — Moved to Section 209 205-08 No Longer in Use 205-09 Capital Improvement Program Budget C P Y P 34090 205-10 No Longer in Use 205-11 GANN Appropriation Limit C P Y P 34090 205-12 No Longer in Use 205-13 State Bud et Information C 2 N C + 2 34090 206 REPORTING FILES 206-01 No Lon er in Use 206-02 Annual Financial Reports C Y P 34090 206-03 No Longer in Use 206-04 State Controller's Report C C Y P 34090 206-05 Street Report (City)C EP Y P 34090 206-06 Statement of Indebtedness RDA C Y P 34090 206-07 State Controller's Report RDA C Y P 34090 206-08 State Controller's Report CSD C Y P 34090 207 COST ANALYSIS STUDIES 207-01 Cost Analysis Studies Files C Y I P 34090 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTIONIDISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 207-02 No Longer in Use 208 REDEVELOPMENT 208-01 Redevelopment Plan C P Y P 34090 208-02 Redevelopment Projects C P Y P 34090 208-03 1 Redevelopment Programs C P Y P 34090 208-04 Housing Pro rams C P Y P 34090 208-05 Housing Projects C P Y P 34090 208-06 Owner Participation Rules US C N US 34090 UMII superceded 208-07 Relocation Assistance Rules & Guidelines US N US 34090 UMII superceded 209 PROGRAM FILES 209-01 Community Services Funding Program C P Y P 34090 209-02 Community Development Block Grants CDBG C 4 AC N 4 AC 34090; 7 CFR 3016.42 4 Years after closed 300 MANAGEMENT FILES 301 1 DEPARTMENTAL MANAGEMENT FILES 301-01 No Longs in Use 301-02 Conference and Meetings C I N US 6254 Until superceded 301-03 Departmental Procedures C N US 6254 Until superceded 302 REPORTS MANAGEMENT FILES 303 FORMS MANAGEMENT FILES 303-01 Forms C N US 6254 Until superceded 304 RECORDS MANAGEMENT FILES 304-00 Reference Papers C N US 6254 Until superceded 304-01 Filing Systems & Procedures (Includes TUFFS C — N US 6254 Until superceded 304-02 Records Center Locator Files/Inventories C I P Y P 6254 304-03 Records Destruction Authorization Files C — Y P 6254 Originals are attached as exhibits to resolutions authorizing destruction 304-04 Indexing (Minutes, Resolutions, Etc.) C — N US 6254 Until superceded 304-05 ImaginWM!crographics Program C N US 6254 Until superceded 304-06 Transfer Lists C Y P 6254 304-07 Retention Schedules C — N US 6254 Originals are attached as exhibits to the resolutions approving retention 305 RISK MANAGEMENT 30"1 Insurance C Y P 34090 C Clerk retains originals 305-02 'alms AS N 3 AS 34090 3 Years after settled 305-03 No Lon er In Use 305-04 No Longer in Use 400 ACCOUNTING, PAYROLL & RETIREMENT 401 ACCOUNTING & REVENUE FILES 401-01 No Lon er In Use 401-02 No Longer in Use 401-03 General Ledger File C P Y P 34090 401-04 No Longer in Use 401-05 No Longer in Use 401-06 AxouMs PIkYaDle C 4 AA Y 4 AA 34090 4 years after audit 401-07 1 Aocourds Receivable I C 4 AA I N 4 AA 34090 4 years after audit 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 401-08 No Longer in Use 401-09 No Lower in Use 401-10 Demands & Warrants C P Y P 34090 401-11 Encumbrance Files C 4AA N 4AA 34090 4 years after audit 401-12 1 No Longer in Use 401-13 List of Demands C 4AA N 4AA 34090 4 years after audit 401-14 PettyCash Files 2 4AA Y 4AA 34090 4 years after audit 401-15 No Longer in Use 401.16 Sales Tax C 4AA N 4AA 34090 4 years after audit 401-17 No Longer in Use 401-18 Master Chart of Accounts C P Y P 34090 401-19 Financial Statements 2 7AA Y 7AA 34090 & CCP 337 7 years after audit 401-20 State Revenues C P Y P 34090 401-21 Fiscal Analysis C P Y P 34090 401-22 No Longer in Use 401-23 No Longer in Use 401-24 No Lon er in Use 401-25 Vouchers and Voucher Register (Cash Disbursement Journal C 4AA 4AA 34090 4 years after audit 401-26 No Lon er in Use 401-27 No Longer in Use 401-28 No Lon er in Use 401-29 No Longer In Use 40130 No Longs in Use 401-31 No Longer in Use 40132 No Longer in Use 401-33 No Longer in Use 401-34 No Longer in Use 40135 Internal Service Funds C 4AA N 4AA 34090 4 years after audit 40136 Ca ftal Improvement Program CIP C P Y I P 34090 40137 Fixed Assets C P Y P 34090 402 RECEIPTS & BILLING FILES 402-01 No Longer in Use 402-02 Daily Cash Receipts C 4AA N 4AA 34090 4 years after audit 402-03 No Longer in Use 402-04 No Longer in Use 402-05 Permits and Permit Fees C P Y P 34090 402-06 Business Uncenses C 4 AT N 4 AT 34090 4 years after termination 402-07 No Lon er in Use 402-08 No Longer in Use 403 CITY BANKING FILES 403-01 Bank Deposit Files C 4AA N 4AA 34090 4 years after audit 403-02 Bank Statements C 4AA N 4AA 34090 4 years after audit 403-03 Check Stubs, CancelledlVolded Checks C 5 AA N 5 AA 34090 5 years after audit (Includes payroll, cancelled & voided checks 403-04 Signature Cards & Authority C 5 AA N 5 AA 34090 Minimum of 3 years or until su erceded 403-05 Banking Service Files C 3 AT N 3 AT 34090 3 years after termination 403-06 Bank Reconciliation C 4 AA N 4AA 34090 4 ears after audit 403-07 Bank Pro osals C 2 N C+ 2 34090 02M 0/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 403-08 A/P Checks Numerical Listing) C 4AA N 4AA 34090 4 years after audit 404 PAYROLL FILES 404-01 Payroll Files C P N P 34090 404-02 Payroll Deductions/Benefit Reports C 2/P N C + 2/P 34090 P29 CFR 1627.3 Payroll Deductions — C + 2 Benefit Reports — Permanent - 29 CFR 1627.3 404-03 Payroll Reports C 6 AA N 6 AA 34090 6 years after audit 404-04 Time Cards C 6 AA N 6 AA 34090 6 years after audit 404-05 No Longer in Use 404-06 Vacation & Sick Leave C 4AA N 4AA 34090 4 years after audit 404-07 Deferred Compensation C P N P 34090 29 CFR 1627.3 404-08 No Lon er in Use 404-09 Unemployment Compensation Files C SAT N SAT 34090 404-10 No Lon er In Use 404-11 No Longer in Use 404-12 No Longer In Use 404-13 No Lon er in Use 404-14 PIERS — Payroll Reports C P N P 29 CFR 1627.3 404-15 Copies of Employee Paychecks & Direct Deposit Stubs C 5 AA N 5 AA 34090 404-16 Workers Compensation C SAT N SAT 34090 406 BOND FILES 405-01 Bond Issue Files C P Y P 53921 & CCP 337.5 Keep in office area until terminated; film 405-02 No Longer in Use 405-03 No Longer in Use 405-04 No Longer in Use 405-05 No Longer In Use 405-06 No Longer in Use 405-07 No Longer in Use 405-08 No Longer in Use 405-09 Bonds, Development and Performance C P Y P 53921 & CCP 337.5 Keep in office area until terminated; film 405-10 1 No Lon er in Use 405-11 Redevelopment Agency C P Y P 53921 & CCP337.5 405-12 Temecula Community Services District C P Y P 53921& CCP337.5 405-13 Industrial Development Authority C P Y P 539219 CCP337.5 405-14 CFD 88-12 C P Y P 53921& CCP337.5 405-15 CFD 98-1 (See also 705-20) C P Y P 53921 & CCP337.5 406 AUDIT FILES 406-01 No Longer in Use 406-02 No Lon er In Use 406-03 No Longer in Use 406-04 No Longer in Use 406-05 No Longer in Use 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 406-06 No Longer in Use 406-07 City Annual Audit C P Y P 34090 406-08 Single Audit C P Y P 34090 406-09 Redevelopment Agency C P Y P 34090 406.10 Riverside County Transportatlon Commission C P Y P 34090 406-11 Other C P Y P 34090 407 RETIREMENT FILES 407-01 Individual Vested Interest Records C P Y P 34090 407-02 Deferred Compensation Files C P Y P 34090 407-03 Retirement Reports Files C P Y P 34090 407-04 Retirement Correspondence and Information PERS C P Y P 34090 407-05 Disability Retirement C P Y P 34090 408 INVESTMENTS FILES 408-01 1 No Longer in Use 408-02 No Lon er in Use 408-03 No Longer In Use 408-04 Certificates of Deposit Information UC P Y P 34090 Until closed 408-05 Investment Information Files C 4AA N 4AA 34090 408-06 Monthly Treasurer's Report C P Y P 34090 408-07 Administration C 4AA N 4AA 34090 408-08 No Longer in Use 408-09 Brokers/Dealers 2 N 2 34090 408-10 State of California Local Agency Investment Fund LAIF C 4AA N 4AA 34090 4 years after audit 408-11 Bank Investment Agreement C P Y P 34090 409 REVENUE 40"1 Administration C 4AA N 4AA 34090 4 years after audit 409-02 No Longer in Use 409-03 No Longer In Use 409-04 User Fee Studies C P Y P 34090 409-05 Development Impact Fees C P Y P 34090 409-06 Franchise Fees C P Y P 34090 409-07 Fee Schedules C P Y P 34090 409-08 1 No Longer in Use 409-09 1 No Longer in Use 409.10 Prope Tax C 4AA N 4AA 34090 4 years after audit 409-11 Sales Tax C 4AA N 4AA 34090 4 years after audit 40942 Transient Occupancy Tax(TOT) C 4AA N 4AA 34090 4 years after audit 409-13 No Longer in Use 409-14 No Longer in Use 409-15 TCSD Fees C P Y P 34090 409-16 Documentary Transfer Tax C 4AA N 4AA 34090 4 years after audit 409.17 No Longer in Use 409-18 Grants C P Y P 34090 409-19 1 No Longer in Use 40 No Lon er in Use 4209.21 No Longer In Use 409-22 No Longer in Use 02A 0/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 409-23 Gas Tax C 4 AA N 4 AA 34090 4 years after audit 409.24 Vehicle Impound Fee C P Y P 34090 409-25 Development Agreement Fees C P Y P 34090 409.26 No Longer in Use 409-27 Jarvis Prop 218 C P Y P 34090 409.28 County Revenues Other C P Y P 34090 409-29 State Revenues Other C P Y P 34090 409-30 Measure A C P Y P 34090 410 ECONOMIC DEVELOPMENT 410-01 Loans 8 Incentives C P Y P 34090 410-02 Studies/Research/Demographics C P Y P 34090 410-03 Meetings/SeminamIConferences/ Showcases C 2 N C+2 34090 410-04 EDC's 8 Other Agencies C P Y P 34090 410-05 1 Temecula Businesses C US N US 34090 410-06 Business Development/Projects C US I N US 34090 600 PERSONNEL, SALARY, MEDICAL 6 SAFETY 501 PERSONNEL RECORDS 501-01 Individual Personnel Folders 3 AT P N P 34090 3 years after termination 501-02 Personnel Policy File C P Y P 34090 501-03 No Longer in Use 501-04 No Lon er in Use 602 SALARY 3 BENEFITS 502-01 1 Salary Benefit Plans C P Y P 34090 502-02 Salary SuFiles C P Y P 34090 Historical value 502-03 No Longer in Use 502-04 Salary Schedules C P Y P 34090 502-05 Frin a Benefits C P Y P 34090 502-06 No Longer in Use 502-07 Management Compensation Plan C P Y P 34090 503 PERSONNEL CLASSIFICATION FILES (Permanent retention of selected records such as salary adjustments, applications, performance evaluations, disciplinary actions for ALL employees is. permanent, contract, part-time & terminated 503-01 Classlflcagon Specifications C P Y P 34090 Historical value -02 503 No Lon er in Use 503-03 No Lon er in Use 503-04 No Longer in Use 504 PERSONNEL MANAGEMENT FILES 504-01 No Lon er in Use 504-02 No Longer in Use 504-03 No Longer In Use 504-04 No Longer in Use 504-05 No Lon er in Use 504-06 O enizatlon Charts C P Y P 34090 605 ELIGIBILITY & APPOINTMENT FILES 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 505-01 Notification of Appointment C 2 N C+ 2 34090 505-02 Department of Motor Vehicles Driving Records C 2 N C + 2 34090 505-03 No Longer in Use 505-04 Immigration Record C 2 N C+ 2 34090 Recruitment Advertisin Files C 3 N C+3 29 CFR 1627.3 Job A Ilcation Files C 3 N C+3 29 CFR 1827.3 Personnel R uisitions C 2 N C+2 34090 Consultants C 2 N C+2 34090 E TESTING FILES Test8 Examination Files (Including Orderin C 2 N C+2 34090 Examination Notice Files C 2 N C+2 34090 Applications Completed Examination Files C 3 N C + 3 29 CFR 1627.3 506-04 Affirmative Action Forms C 2 N C+ 2 34090 607 TRAINING FILES 507-01 Tuition Reimbursement Arrangements Files C 2 N C + 2 34090 507-02 S is[ Training Programs (CETA, etc. C 2 N C + 2 34090 507-03 Personnel Trainina Flies C 2 N C+ 2 34090 507-04 Temecula Employee Apprenticeship Model T.E.A.M. Program C 2 N C+ 2 34090 508 MEDICAL RECORDS FILES 508-01 No Longer in Use 508-02 Workers Comp C P Y P 34090 508-03 Pre Employment Physical Exams C P Y P 34090 509 RECRUITMENT FILES 509-01 Moved to Section 505 509-02 Moved to Section 505 509-03 Moved to Section 505 509-04 Moved to Section 505 610 SAFETY FILES 510-01 Safety Reports/Minutes C P Y P 34090 510-02 Accident/Safety Investigation Files (OSHA, etc. C P N P 34090 510-03 1 Safety Manual C N US 34090 1 Until su erceded 51 D-04 No Lon er in Use 611 INCENTIVE AND SERVICE AWARDS 511-01 Service Awards C P Y P 34090 600 PURCHASING, CONTRACTING, EQUIPMENT AND SERVICE FILES 601 PURCHASING FILES 601-01 Purchase Orders C 4AA N 4AA 34090 4 years after audit 601-02 ProductServices Catalogs C 2 N C+ 2 34090 601-03 Bid Files C 4110 N 4110 CCP 337.5 Unsuccessful after 4 years; Successful after 10 years 601-04 Authorization to Purchase other than Bid US N US 6254 Until su erceded 601-05 De rtment Requisition File C 5 AA N 5 AA 34l>90 5 ears after audit 601-06 Purchasin Polio and Procedures US N UB 6254 Until su erceded 601-07 No Longer In Use 601-08 Vendors Lists D/NR N D/NR 34090 02110/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 601-09 Lease/Purchasing Files C P Y P 34090 601-10 Administration C US N US 34090 Until su erceded 601-11 No Longer in Use 601-12 No Longer in Use 601-13 Credit Applications (Copies of our with Co. C 4 AA N 4 AA 34090 4 years after audit 601-14 No Lon er in Use 601-15 RFQ'9/RFP's C 3 Successful 2 Unsuccessful N 3 Successful 2 Unsuccessful 34090 601-16 Consultant Information C 2 N C+2 34090 602 CONTRACTS & AGREEMENTS 602-00 Contracts 8 Agreements C P Y P 34090 Lien agreements must be kept permanently 602-01 Franchises C P Y P 34090 602-02 Contracts and Agreements Correspondence C P Y P 34090 602-03 Lease Agreements C P Y P 34090 602-04 1 Planning Agreements C P Y P 34090 603 INVENTORY SUPPLY FILES & FIXED ASSETS 603-01 Master Inventory of Equipment (Dept. Folders C P Y P 34090 603-02 Fuel Records File Gasoline Oil etc. C 2 N C + 2 34090 603-03 Vehicle Registration Records C P N P 34090 Office until su erceded 603-04 Inventory of Supplies C P Y P 34090 Office until su erceded 603-05 Vehicle Maintenance Policy C N US 34090 Until su erceded 604 SALVAGE AND SURPLUS SALES 604-01 Salva a and Surplus Sales C 3 AD N C + 3 AD 34090 3 years after disposition 606 1 PUBLICATION AND PRINTING FILES 605-01 Proof of Publication C P Y P 34090 605-02 Minority Publication List C P Y P 34090 Boll EQUIPMENT LOG AND SERVICE RECORDS 606-01 Equipment Instruction and Information C LID N C + 3 34090 Until disposed 606-02 Equipment Log Book Files C UD N C + 3 34090 Until disposed 606-03 Equipment Service Records & Equipment Maintenance C LID N C + 3 34090 Until disposed 606-04 Work Orders and Service Requests C N C + 3 34090 607 1 SERVICES CONTRACTED 607-01 Service Agreements C P Y P 34090 607-02 Misc. Mechanics Lien & Stop Notices C P Y P 34090 700 LEGISLATIVE, ELECTIONS & LEGAL FILES 701 LEGISLATIVE FILES 701-01 Council Reference Papers/Meetings 3 P Y P 34090 701-02 City Council Agendas 3 P Y P 34090 701-03 Board, Committee, Commission & Agency Agendas 3 P Y P 34090 701-04 Ordinance Files P — Y P 34090 Originals may not be destroyed; Image for reference purposes only 701-05 I Council Resolutions P — Y P 34090 Originals may not be destroyed; Image for reference purposes only 10 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 701-06 Board, Committee, Commission & Agency Minutes P — Y P 34090 Originals may not be destroyed; Image for reference purposes only 701-07 Board, Committee, Commission & Agency Ordinances P — Y P 34090 Originals may not be destroyed; Image for reference purposes only 701-08 Board, Committee, Commission & Agency Resolutions P — Y P 34090 Originals may not be destroyed; image for reference purposes only 701-09 Board, Committee, Commission & Agency Reference Papers, Applications, Appointments & Resignations Current/ Until Term Expires 2 Y P 34090 Unsuccessful applications can be destroyed after 3 years; Successful should be kept for historical purposes. 701-10 Council Minutes P — Y P 34090 Originals may not be destroyed; Image for reference purposes only 701-11 State Legislative Information & Correspondence Brown Act C 2 N C + 2 6254 701-12 Federal Legislative Information & Correspondence GFOA C 2 N C + 2 34090 701-13 Legislative Studies, Analysis, Mandates and Districts P — Y P 34090 701.14 Municipal Code US P Y P 34090 Replace su erceded copies 701-15 Rancho California Water District Resolutions Ordinances & Minutes P — Y P 34090 701-16 Meeting Notifications & Public Hearings C P Y P 34090 701-17 Proclamatlons C 2 N C + 2 34090 Retain Ones of historical value 701-18 CitySeal/Logo P Y P 34090 701-19 City of Temecula Incorporation P Y P 34090 Historical value 701-20 City Council/Commission Recordings P P N P 34090 CRY Council policy 701-21 No Longer In Use 701-22 1 CRY Council Vacancy C P Y P 34090 Do not destroy on inal 702 ELECTION FILES 702-00 Election Reference Papers E + 4 N E + 4 34090 4 years after election 702-01 Oaths of Office C/AT P Y P 34090 702-02 Election Operational Files C P Y P 34090 702-03 Election Statistics Files — Business Addresses C P Y P 34090 702-04 Election Ballots C P Y P 34090 Sample ballot retained permanently 702-05 Absentee Voter Files Correspondence C P Y P 34090 702-06 Nomination Petition Files C P Y P 34090 702-07 Election Historical Files C P Y P 34090 702-08 Campaign Statements C — Y P/E + 5 GC81 OD9 (b) Elected — permanent Nonelected — Election + 5 702-09 Reports to State & National Election Committees C P Y P 34090 702-10 Annexation, Consolidation & Boundary Files C P Y P 34090 702-11 Recall Files C P Y P 34090 702-12 Initiatives & Referendum Petitions C 8 months Y 8 months EC 17200 Elections Code 17200 702.134 Ma or/Mayor Pro-Tern-TernC P Y P 34090 702-1 State Propositions California C 2 N C + 2 34090 709 1 LEGAL INVESTIGATION & LITIGATION 703-01 1 R2quest for Investigation/Records C P Y P 34090 703-02 Lned e aliGamblingFlies C P Y P 34090 11 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 703-03 Litigation Files General C P Y P 34090 703-04 Open for new item 34090 703-05 Protests C 2 N C+ 2 34090 703-06 Bankruptcy FIIin s/Foreclosure Notices P P Y P 34090 703-07 1 Invesliations C 2 N C+ 2 34090 70308 Subpoenas C 2 N C+ 2 34090 703-09 Litigation BY City C P Y P 34090 704 LEGAL AFFAIRS FILES 704-00 Leael Affairs Reference Papers AS 3 N 3 AS 34090 704-01 Accidents Involving City Vehicles AS 3 N 3 AS 34090 3 years after settled 704-02 Notice of Violation Files C P Y P 34090 704-03 Notice To Comply Files C P Y P 34090 704-04 Affidavits Files CL + 5 N CL +5 34090 704-05 Judgment Files C P Y P 34090 704-06 Rent Control C P Y P 34090 704-07 Statements of Economic Interest C T + 7/E +5 N T+7/E+5 81009 Elected; Non -Elected 704-08 Conflict of Interest Code US Y P 34090.7 Until su erceded 704-09 Garnishment 8 Levies C P Y P 34090 704.10 Code Enforcement US 3 AS N 3 AS 34090 3 years after settled 704-11 City Attorne Opinions C P Y P 34090 Retain record copy for administrative value 704-12 City Attorney Correspondence (General) C 5 Y SAS 34090; PC 832.5 5 years after settled 704-13 Claims Against the City AS 3 N 3 AS 34090 3 years after settled 704-14 Damage to City Property AS 3 N 3 AS 34090 3 years after settled 704-15 Notary Public Certification File C P Y P 34090 704-16 Small Claims AS 5 N 5 AS 34090; PC 832.5 5 years after settled 704-17 Federal Laws Labor Public Works etc. C US N US 34090 Until su erceded 704-18 Moratoriums C P Y P 34090 704-19 Petitions See 702-12 for electionpetitions) C 2 N C + 2 34090 704-20 Amicus Briefs C P Y P 34090 704-21 Probates C P Y P 34090 706 ASSESSMENT/SPECIAL DISTRICTS 705-00 1 No Longer in Use 705-01 1 Assessment/Special Districts — Proposed C P Y P 34090 705-02 1 AD 159 C P I Y P 34090 705-03 AD 181 C P Y P 34090 70M CFD 88-12 Ynez Corridor C P Y P 34090 705-05 Temecula CommunityServices District C P Y P 34090 70506 No Longer in Use 705-07 Redevelopment Agency C P Y P 34090 705-08 No Longer in Use 705-09 CSA 143 C P Y P 34090 705-10 No Longer In Use 705-11 AD 155 C P Y P 34090 705-12 Industrial Development Authority IDA) C I P I Y P 34090 705-13 No Longer in Use 70514 No Longer in Use 705-15 No Longer in Use 705-16 No Lon er in Use 12 02/10/134 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 705-17 No Longer In Use 705-18 No Longer in Use 705-19 No Longer in Use 705-20 CFD 98-1 Winchester Hills (See also 405- 14 C P Y P 34090 705.21 No Longer in Use 800 ENGINEERING, CONSTRUCTION, BUILDING AND CAPITAL PROJECTS 801 GENERAL ENGINEERING 801-00 Reference Papers C P Y P 34090 S01-01 Improvement Plans —Water C P Y P 34090 601-02 Improvement Plans —Sewer C P Y P 34090 801-03 Improvement Plans — Storm Drain C P Y P 34090 801-04 Improvement Plans — Street (All Weather Access C P Y P 34090 Gradin Plans C P Y P 34090 ENGINEERING AND CONSTRUCTION PERMITS Excavation Permits C P Y P 34090 E Gradin Permits C P Y P 34090 No Lon er in Use O en for New ItemEncroachment Permits C P Y P 34090 No Longer in Use 802-07 1 Right of Entry C P Y P 34090 802-08 Flood Plain Development Permits C P Y P 34090 803 MAP FILES 803-01 Final Tract Maps C P Y P 34090 803-02 Final Parcel Maps C P Y P 34090 804 No Longer In Use 804-01 No Longer in Use 805 BUILDING PLANS, PERMITS AND SPECIFICATIONS 805-00 Reference Papers C P I Y P 34090 605-01 1 Sewer Specifications C P Y P 34090 805-02 No Longs in Use 805-03 Landscape Specifications C P Y P 34090 805-04 Regional Standard Drawings and Specifications for Public Works C P Y P 34090 805-05 No Longer in Use 805-08 Building Codes C P Y P 34090 805-07 Building Permits C P Y P 34090 805-08 Building Plans C P Y P 34090 For life of the structure Roe CAPITAL PROJECTS 806-01 1 5-Year Plan C P Y P 34090 806-02 10-Year Plan C P Y P 34090 806-03 Project Planning Reference Papers C P Y P 34090 606-04 Pro acts in Pro ress C P Y P 34090 806-05 Com leted Pro eels C P Y P 34090 807 INSPECTION FILES 13 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 807-01 Inspectors Daily Reports C P Y P 34090 807-02 Billboard and Sign Files C P Y P 34090 807-03 Dep Inspectors/CityInspectors/City Fee Required C P Y P 34090 807-04 Confidential Investigations C P N P 34090 900 LABOR RELATIONS FILES 901-00 Labor Relations Reference Papers C P Y P 34090 901-01 Meet and Confer C P Y P 34090 901-02 Memorandum of Understanding 3 Years After Expiration P Y P 34090 3 years after expiration 901-03 City Sponsored Employee Activities (Team PACE C 2 N C + 2 34090 901-04 No Longer in Use 901-05 Employee Organization Files/Local 911 Teamster Files C P Y P 34090 901-06 Grievance Files AS N SAS PC 832.5 5 years after settled 901-07 Discrimination Complaints AS N 5 AS PC 832.5 5 years after settled 901-08 Political Activity Em Io ee Related C P Y P 34090 901-09 No Longer in Use 901 A No Longer In Use 1000 RIGHT-OF-WAY, BOUNDARY AND PROPERTY FILES 1001 RIGHT-OF-WAY FILES 1001-01 Easements Granted BY City C P Y P 34090 1001-02 1 Easements Granted BY County C P Y P 34090 1001-03 Irrevocable Offers of Dedication I.O.D. C P Y P 34090 1001-04 Encroachment Files C P Y P 34090 1001-05 Quitclaims C P Y P 34090 1001-06 Easement Grant TO City C P Y P 34090 1002 PROPERTY FILES 1002-01 Prooertv Ac uisition Files C P Y P 34090 1002-02 Property Lease Files C P Y P 34090 1002-03 Property Sale Files C P Y P 34090 1002-04 Address Change C P Y P 34090 1002-05 Geographical Site Names/Signs C P Y P 34090 1002-06 Vacations C P Y P 34090 1002-07 Annexations C P Y P 34090 1002-08 Property Management C P Y P 34090 1002-09 Arohaeolo ical Sites C P Y P 34090 1002.10 Eminent Domain Acquisition C P Y P 34090 1002-11 Appraisals C P Y P 34090 1003 BOUNDARY FILES 1003.01 BoundaryDescription C P Y P 34090 1003-02 Sphere of Influence C P Y P 34090 1100 PUBLIC SERVICES AND PUBLIC RELATIONS 1110 STREET MAINTENANCE AND IMPROVEMENT FILES 1110.01 Street Improvement C P Y P 34090 1110-02 Off -Site Plans(Ramps,Sidewalks Curbs C P Y P 34090 14 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION etc. 1110-03 Bdd es C P Y P 34090 1110.04 Street Planning C P Y P 34090 1110-05 Street Maintenance and Re airs 2 1 N 3 34090 1110.06 StdDino. Crosswalks Bike Lanes, etc. C P Y P 34090 1110-07 Street Names and Signs C P Y P 34090 1110.08 Street Furniture Bus Benches C P Y P 34090 1110-09 State Highways& Freeways C P Y P 34090 1110.10 Street Inventory C P Y P 34090 1110-11 Medians C P Y P 34090 1110.12 Slop es C P Y P 34090 1110-13 Street Numbering C P Y P 34090 1110.14 Detour Plana C P Y P 34090 1120 STREET LIGHTING FILES 1120-01 I Street Lighting Assessment Files C P Y P 34090 Street LI htin Maintenance Files 2 1 N 3 34090 Street Lighting Information & Reference Pa ersSPECIAL C P Y P 34090 SERVICES FILES F Volunteer Pro ram C 2 N C+2 Work Exchange Programs (Court Referral) C 2 N C+2 34090 Contribution Pro rams C 2 N C+2 34090 S ecial Events Permits C 2 N C+2 34090 RESEARCH, STUDIES & SPECIAL PROJECTS 1140-01 Economic Development C 2 Y P 34090 1140-02 Misc. Studies/Surveys C 2 Y P 34090 1141 SPECIAL STUDIES FILES 1141-01 Flood Control Studies C 2 Y P 34090 1141-02 Demographic & Statistical Studies C 2 Y P 34090 1141-03 Wastewater Reclamation Studies C 2 Y P 34090 1141-04 Water Studies C 2 Y P 34090 1141-05 Personnel Studies C 2 Y P 34090 1141-06 CapOal Improvement Studies C 2 Y P 34090 1141-07 1 Finance Studies C 2 Y P 34090 1141-08 1 Parldng Studies C 2 Y P 34090 1141-09 Research and Studies: General C 2 Y P 34090 1141-10 S lei Projects Studies C 2 Y P 34090 1160 ANIMAL CONTROL FILES 1150-01 Animal Control Correspondence C 2 N C + 2 34090 1150-02 Animal Inoculatlonall.icensin C 2 N C+ 2 34090 1150.03 Animal Control Citation Hearings C 2 N C + 2 34090 1150-04 Wild and Exotic Animals C 2 N C + 2 34090 1160 TRAFFIC CONTROL AND PARKING 1160-01 Traffic Control Files C P Y P 34090 1180-02 Traffic Studies and SurveysC P Y P 34090 1160-03 No Longer In use 1160-04 Traffic Control Requests — Public Inquiry C P Y P 34090 11:21 Traffic Safe CommRtee C P Y P 34090 15 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 1160-06 Traffic Consultants C 5 Y C + 5 34090 5 years after no longer used 1161 TRAFFIC MAPS 1161-01 Topographical Traffic Maps C P Y P 34090 1161-02 Street Maps C P Y P 34090 1161-03 Seed Zone Survey Maps C P Y P 34090 1162 TRAFFIC SIGNAL FILES 1162-01 Traffic Signals C L N L 34090 Life of signal 1162-02 Traffic Signal Maintenance C L N L 34090 Life of signal 1162-03 Red Light Enforcement i.e. cameras etc. C L N L 34090 Life of equipment 1163 PARKING FILES 1163.01 Parldng Permits and Control/Citations C US N US 34090 Until su erceded 1163-02 Curb Zone Files Red, Green Striping) C US N US 34090 Until su erceded 1163-03 Off -Sheet Parking C US N US 34090 Until su erceded 1170 SANITATION, SEWERS & STORMDRAINS 1170-01 Sewer Services General C US N US 34090 Until su erceded 1170.02 De its Refunds and Rates C US N US 34090 Until su erceded 1170.03 Sewer System Maintenance C US N US 34090 Until su erceded 1170-04 Solid Waste Management C US N US 34090 Until su erceded 1170-05 Draina a Correspondence C US N US 34090 Until su erceded 1170-06 Sept System C US N US 34090 Until su erceded 1170-07 Refuse Collection/Haulers C US N US 34090 Until su erceded 1170-08 Sewage TreatmentfWater Reclamation C US N US 34090 Until su erceded 1170-09 Storm Drains and Flood Control C US N US 34090 1 Until su erceded 1170.10 Sewer Facilities C US N US 34090 1 Until su erceded 1170-11 Sewer District Annexation C US N US 34090 1 Until superceded 1170.12 Sewer Capacity C US N US 34090 Until su erceded 1170-13 Sewer ConnectionslApplications C US N US 34090 Until su erceded 1180 PUBLIC RELEATIONS FILES 11 WO1 Public Relations Reference Papers 2 P Y P 34090 Historical value 1180-02 News Clippings 2 — N P 34090 Keep only selected clippings for historical value 1180-03 Public Inquiry and Complaints (Except Consumer C 2 AS N 2 AS 34090 2 years after settled 1180-04 1 Press Releases 2 1 N 3 34090 Selected release for historical value 1180-05 Community Relations 2 1 P Y P 34090 1180-06 Public Ceremony Files 2 P Y P 34090 Historical value 1180.07 Professional Organization Files 2 P Y P 34090 Historical value 1180-08 Public Questionnaires 2 P Y P 34090 Historical value 1180-09 Municipal Newsletter 2 P Y P 34090 Historical value 1180-10 Donations TO the City 2 P Y P 34090 Historical value 1180-11 Organizations and Clubs, General 2 P Y P 34090 Historical value 1180.12 Community Education 2 P Y P 34090 Historical value 1180-13 Special Events 2 P Y P 34090 Historical value 1IM14 I City Promotional Campaign 2 P I Y P 34090 1 Historical value 1180.15 Donations FROM the City 2 P Y P 34090 Historical value 1180-16 Sister City Program 2 P Y P 34090 Historical value 1180.17 Fleas and Emblems 2 P Y P 34090 Historical value 1180-18 C Publications 8 Brochures US P Y P 34090 Historical value 1180.19 Photo ra he C 2 1 N P 34090 Historical value 16 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENT10N 1180-20 Speeches C 2 N P 34090 Historical value 1200 PUBLIC UTILITIES, COMMUNICATIONS, AND TRANSPORTION FILES 1201 GENERAL UTILITIES FILES 1201-01 Public Utilities Commission C P Y P 34090 1201-02 Underground Utilities C P Y P 34090 1202 GAS AND ELECTRIC FILES 1202-01 Franchise Files C P Y P 34090 1202-02 Rules, Regulations, Rates It Correspondence US 2 N 2 34090 Until superceded 1202-03 Easements Granted TO Southern California Edison C P Y P 34090 1202-04 Facilities C P Y P 34090 1204 WATER SERVICE FILES 1204.01 Water Services General C 2 N C+ 2 34090 1204-02 Water Meters C 2 N C+ 2 34090 1204-03 Water Service Application C 2 N C+ 2 34090 1204-04 Water Service Application — Temporary C 2 N C + 2 34090 1204-05 Deposits, Refunds and Rates C 2 N C + 2 34090 12040E Water System Maintenance C 2 N C+ 2 34090 1204-07 Water Conservation — Consumption C 2 N C + 2 34090 1204-08 Water Mains C P N P 34090 Historical value 1204-09 Reservoirs and Dams C P N P 34090 1 Historical value 1206 1 TELEPHONE FILES 1205-01 1 General Telephone C 2 N C + 2 34090 Reports and studies should be kept permanently 1205-02 Cellular Telephone C 2 N C + 2 34090 Reports and studies should be kept ermanentl 1205-03 Pacific Bell C 2 N C + 2 34090 Reports and studies should be kept permanently 1205-04 Communication Facilities C 2 N C+ 2 34090 1206 CABLE TELEVISION FILES 120E-01 Cable TV Reference Papers C 2 N C + 2 34090 120&02 Cable TV Franchise C P Y P 34090 1207 TRANSPORTATION FILES 1207-01 Transit Service Reference PaperalReports C P Y P 34090 Reports and studies should be kept permanently 1207.02 Dial -A -Ride C P Y P 34090 ° 1207-03 County Transportation System C P Y P 34090 ° 1207-04 Cal Trans Ride Sharing 2 P Y P 34090 1207-05 Renional Issues 2 P Y P 34090 ° 1207-06 AirportalAirport Issues 2 P Y P 34090 ° 1207-07 City Bus Routes C 2 N C+ 2 34090 1207-08 Taxi Service C 2 N C+ 2 34090 1207-09 Horse Drawn Vehicles C 2 N C+ 2 34090 1300 PUBLIC SAFETY FILES 1301 PUBLIC SAFETY 1301-01 Lew Enforcement C P Y P 34090 1301-02 Public Safe General C N C 34090 17 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 1301-03 Crime Reports C — N C + 3 34090 "Non -felony" daily reports 3 years/satisfied permanent for historical value 1301-04 Sheriffs Department Quarterly Reports C P Y P 34090 1301-05 Alarm Systems C 2 N C+ 2 34090 1301-06 1 Vehicle Code Enforcement C 2 N C+ 2 34090 1301-07 Crossing Guard File C 2 N C + 2 34090 Reports and studies should be kept permanently 1301-08 Abandoned Vehicles & Houses C 2 N C + 2 34090 " 1301-09 Juvenile Anti -Delinquency Programs C 2 N C + 2 34090 1301-10 Accident Reports C P Y P 34090 1301-11 Substance Abuse C 2 N C+ 2 34090 1301-12 Fire ArmUcense/Permtts C P N P 34090 1301-13 Border Patrol C 2 N C+ 2 34090 1302 FIRE DEPARTMENT 1302-01 1 Reserve Firefighters C AT + 3 N AT + 3 29 CFR 1627.3 1302-02 Emergenc Medical Service C P Y P 34090 1302-03 Fire Department Incident Reports C AC + 3 I N AC + 3 34090 1302-04 Fire Department Correspondence C 2 Y 2 34090 1302-05 Fire Protection Regulations C P Y P 34090 1302-06 Fire Department Facilities C P Y P 34090 1302-07 Investigations C 6 N C+ 6 34090 1400 PARKS, RECREATION, ENVIRONMENTAL AND EDUCATION FILES 1401 PARKS AND FACILITIES 1401-00 Community Service Rules & Regulations Council Adopted) C P Y P 34090 1401-01 Parks Reports, Studies & Regulations C P Y P 34090 1401-02 Parks Sites C P Y P 34090 Historical value 1401-03 Park Donations C P Y P 34090 Historical value 1401-04 Recreation Centers & Sites C P Y P 34090 Historical value 1401-05 Recreation Centers Reports & Studies C P Y P 34090 1401-06 City Hall Reports and Studies C P Y P 34090 1401-07 City Hall Construction/Capital Improvements C P Y P 34090 1401-08 City Hell Facilities C P Y P 34090 1401-09 Senior Centers C P Y P 34090 1401-10 Recreation Forms (Liability Waivers, Activity Registrations) C 2 N C + 2 34090 1402 CULTURAL RECREATION FILES 1402-01 Performina Arts C P Y P 34090 1402-02 Library C P Y P 34090 1402-03 Museums C P Y P 34090 1402-04 Tourism & Visitors Center C P Y P 34090 1402-05 1 Guttural Reports and Studies C P Y P 34090 1403 ENVIRONMENTAL FILES 1403-01 Community Design Manual C P Y P 34090 140302 Pro osed Landsca in Guidelines C P Y P 34090 1403-03 Air Pollution/Air Element C P Y P 34090 140304 Arohaeolo ical Surveys C P Y P 34090 18 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 1403-05 Hazardous Waste and Materials C 10 Y C + 10 CAL OSHA, 40 CFR 122.21 1403.06 Weed Abatement C 2 N C+2 34090 1403-07 Resource Conservation Areas C P Y P 34090 1403.08 Energy Conservation C P Y P 34090 1403-09 City -Wide Clean-up Campaigns C P Y P 34090 1403.10 Noise Pollution C P Y P 34090 1403-11 Tree Trimming and Removal C P Y P 34090 1403-12 Rec ling C P Y P 34090 1403-13 Safe Drinidna Water Act C P Y P 34090 1403-14 Con estlon Management C P Y P 34090 1403-15 Stephen's Kangaroo Rat Mitigation C P Y P 34090 1403-16 Mukl-S ecles Habitat Conservation Plan C P Y P 34090 1403-17 CEQA C P Y P 34090 1403-18 Landfills C P Y P 34090 1403-19 1 Erosion Control Plans C P Y P 34090 1403.20 Earthquake Standards/Hazardous Buildings C P Y P 34090 1403.21 Mining Projects C P Y P 34090 1403.22 Federal Endangered Species Act (FESA) C P Y P 34090 1403-23 Santa Ana Watershed Project Authority C P Y P 34090 1403-24 Glassy Winged Sharpshooter C P Y P 34090 1404 PHYSICAL RECREATION FILES 1404-01 Lake Oriented Sports C 2 N C+ 2 34090 1401-02 Equipment Rental C 2 N I C+ 2 34090 1401-03 Recreation Programs C 2 N C+ 2 34090 1404-04 Golf Courses C P Y P 34090 1404.05 Trails Hiking, Biking, Equestrian C P Y P 34090 1404-06 Parades and Pageants C 2 N C + 2 34090 1404-07 Skateboardin Rollerbladin C 2 N C+ 2 34090 1405 EDUCATION FILES 1405.01 Temecula Valley Unified School District C 2 N C + 2 34090 Publications flyers, etc. 1405-02 Universities Collegre & Higher Education C 2 N C + 2 34090 ' 1405-03 Private & Christian Schools C 2 N C + 2 34090 ° 1405-04 HI h Schools C 2 N C+ 2 34090 ' 1405-05 Murrieta Unified School District C 2 N C + 2 34090 ° 1500 GOVERNMENT ORGANIZATIONS AND OFFICES: INTERNATIONAL, NATIONAL AND LOCAL 1500.01 No Longer in Use 1500-02 International City Managers Assxlation ICMA C 2 N C + 2 34090 ° 1500-03 International/Vs. Slater Cities Or anizatlon C 2 1 N C + 2 34090 ° 1500.04 Technical Advisory Committee — March Air Force C 2 N C + 2 34090 ' 1501 UNITED STATES OFFICES AND ORGANIZATIONS 1501-00 Intergovernmental Agency & Organization Reference Papers C 2 N C +2 34090 Publications flyers, etc. 1501-01 U.S. Department of Transportation C 2 N C +2 34090 ' 1501 02 U.S. Department of Commerce -Bureau of Census C 1 2 N C + 2 34090 ' 19 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 1501.03 U.S. Post Office C 2 N C + 2 34090 ` 1501-04 National Flood Insurance Program C 2 N C +2 34090 ` 1501-05 Internal Revenue Service C 2 N C + 2 34090 " 1501-06 Department of Interior C 2 N C + 2 34090 ° 1501-07 1 Federal Communications Commission C 2 N C + 2 34090 ' 1501-08 Federal Budget C 2 N C+2 34090 ' 1501.09 Equal Employment Opportunity EEOC C 2 N C + 2 34090 " 1501-10 Federal Emergency Management Agency FEMA C 2 N C + 2 34090 " 1501-11 Environmental Protection Agency C 2 N C + 2 34090 " 1501.12 All American Cities C 2 N C +2 34090 ' 1501-13 NAFTA C 2 N C+2 34090 " 1501-14 GFOA (Government Finance Officers Association C 2 N C + 2 34090 " 1502 CALIFORNIA OFFICES AND ORGANIZATIONS 1502-01 Department of Real Estate C 2 N C + 2 34090 Publications flyers, etc. 1502-02 Air Resources Board C 2 N C + 2 34090 " 1502-03 Alcoholic Beverage Control C 2 N C+ 2 34090 ` 1502-04 Board of Equalization C 2 N C+ 2 34090 " 1502-05 Fair Political Practices Commission C 2 N C + 2 34090 " 1502-06 Highway Patrol C 2 N C + 2 34090 ° 1502-07 Public Employees Retirement C 2 N C + 2 34090 " 1502-08 De artmeM of Forestry C 2 N C + 2 34090 " 1502-09 Department of Industrial Relafions/Prevailin Wage C 2 N C+ 2 34090 ` 1502-10 Land Commission C 2 N C+ 2 34090 ° 1502-11 Fish and Game C 2 N C + 2 34090 ' 1502-12 General Services C 2 N C+ 2 34090 ' 1502A 3 Controller C 2 N C+ 2 34090 ' 1502-14 Department of Motor Vehicles C 2 N C + 2 34090 ° 1502-15 California Conservation Corps. C 2 N C + 2 34090 " 1502-16 Office of Planning & Research — Newsletter C 2 N C + 2 34090 ' 1502.17 De artment of Transportation C 2 N C + 2 34090 ' 1502-18 Transportation Commission C 2 N C + 2 34090 ° 1502-19 1 California Parks & Recreation Department C 2 N C + 2 34090 ° 1502-20 Workers Compensation Insurance C 2 N C + 2 34090 ° 1502-21 Debt Advisory Commission AB 1192 C 2 N C + 2 34090 ' 1502-22 California Energy Commission C 2 N C +2 34090 ' 1502-23 office of Management & Budget C 2 N C + 2 34090 ' 1502-24 Secretary of State C 2 N C + 2 34090 ° 1502-25 Industrial Development Financing Advisory Committee C 2 N C + 2 34090 ° 1502-26 State Department of Health C 2 N C + 2 34090 ' 1502-27 State Water Resources Commission & Control Board C 2 N C + 2 34090 ° 1502-28 Municipal Business Tax Association C 2 N C + 2 34090 ° 1502-29 Housina and Community Development C 2 N C + 2 34090 ' 1502-30 Of ee of Criminal Justice Planning C 2 N C + 2 34090 ' 1502-31 Em to ment Develo ment Department C 2 N C + 2 34090 ' 20 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 1502-32 Water Quality Control Board C 2 N C + 2 34090 ° 1502-33 Geol y & Mining Board C 2 N C+2 34090 ` 1502-34 Department of Finance C 2 N C + 2 34090 " 1502-35 Bureau of Automotive Repairs C 2 N C + 2 34090 ° 1502-36 Wildlife Conservation Board C 2 N C + 2 34090 ' 1502-37 California Department of Commerce C 2 N C + 2 34090 ° 3CMA (City -County Communications & C 2 N C+2 34090MarketinCalifornia Association for Local Economic Develo ment CALED C 2 N C+2 34090California E Redevelopment Association CRA C 2 N C+2 34090California Contract Cities Association C 2 N C+2 34090CSMFO (California Society of Municipal Finance Officers C 2 N C + 2 34090 ° 1502-43 CMBTA (California Municipal Business Tax Association C 2 N C + 2 34090 ° 1502-44 CAPPO (California Association of Purchasing Professionals Asec. C 2 N C + 2 34090 " 150245 State Transportation Improvement Program STIP C 2 N C + 2 34090 " 1502.46 Board of Governors C 2 N C + 2 304090 " 1503 REGIONAL ORGANIZATIONS 1503.00 LAFCO — Local Agency Formation Commission C 2 N C + 2 34090 1 Publications flyers, etc. 1503-01 Intergovernmental Training & Development C 2 N C + 2 34090 " 1503-02 Water A encies Associations C 2 N C+ 2 34090 " 1503.03 Mayors & Councilmembers of Riverside County C 2 N C + 2 34090 " 1503-04 ARJIS (Area Regional Justice Information System) C 2 N C+2 3 190 " 1503-OS Southern California Joint Powers Insurance Authority C 2 N C + 2 34090 " 1503-06 League of California Cities and National Leave of Cities C 2 N C + 2 34090 " 1503-07 Metropolitan Water District of Southern California C 2 N C + 2 34090 " 1503.08 WRCOG (Western Riverside Council of Governments) C 2 N C+2 34090 ° 1503-09 Inland Empire Relocation Group C 2 N C + 2 34090 " 1503.10 SWRCoCC (Southwest Riverside County Care Coalition) C 2 N C + 2 34090 " 1503.11 SCAG (Southern California Association of Governments) C 2 N C + 2 34090 ' 1503-12 Airport Land Use Commission C 2 N C + 2 34090 ` 1503-13 CARE (Coalition for a Reasonable Environment C 2 N C + 2 34090 ` 1503-14 CVAG (Coachella Valley Association of Governments C 2 N C + 2 34090 ° 15" RIVERSIDE COUNTY FILES 1504-01 Riverside County Correspond neeGeneral C 2 N C + 2 34090 Publications flyers, etc. 21 02/10/04 CC Mtg. FILE NUMBER FILE/RECORD NAME RETENTION/DISPOSITION GOVERNMENT CODE NUMBER EXPLANATION/COMMENTS OFFICE AREA INACTIVE AREA IMAGE TOTAL RENTENTION 1504-02 Assessor C 2 N C+ 2 34090 ° 1504-03 Auditor and Controller C 2 N C + 2 34090 " 1504-04 Board of Supervisors C 2 N C + 2 34090 ' 1504-05 Office of Disaster Preparedness C 2 N C + 2 34090 ° 1504.06 Flood Control/Water Conservation District C 2 N C + 2 34090 " 1504-07 Housing and Community Development Department C 2 N C+2 34090 ° 1504-08 Public Works Department C 2 N C + 2 34090 " 1504-09 Registrar of Voters C 2 N C+ 2 34090 ° 1504-10 Sheriff C 2 N C+ 2 34090 " 1504-11 Traffic Advisory Commission C 2 N C+2 34090 ' 1504-12 Treasurer — Tax Collector C 2 N C + 2 34090 " 1504-13 Public Health Services C 2 N C+2 34090 ' 1504-14 Department of Transportation C 2 N C + 2 34090 ' 1504.15 Department of Animal Control C 2 N C + 2 34090 ' 1504-16 Economic Development Program C 2 N C + 2 34090 ° 1504-17 Planning & Land Use C 2 N C + 2 34090 ° 1504-18 General Services C 2 N C+ 2 34090 ° 1504-19 County Recorder & Clerk C 2 N C + 2 34090 ° 1504-20 Social Services C 2 N C+2 34090 " 1504-21 Libra System C 2 N C+2 34090 " 1504-22 Parks and Recreation C 2 N C + 2 34090 " 1504-23 Waste Management C 2 N C+2 34090 " 1504-24 Centennial C 2 N C+2 34090 " 1504-25 Riverside Operational Area Organization C 2 N C+ 2 34090 ` 1504-25 Countv Courts C 2 N C+2 34090 ' 1506 SECTION NO LONGER IN USE 1506-01 No Lon er in Use 1506-02 No Longer In Use 1506-03 No Longer in Use 1506-04 No Longer In Use 1506.05 No Longer in Use 1506.06 1 No Longer in Use 1506.07 1 No Longer in Use 1506-08 No Longer in Use 1506.09 No Longier in Use 1506-10 No Longer in Use 1506.11 No Longer in Use 1506-12 No Longer in Use 1600 SECTION NO LONGER IN USE 1600-01 No Longer in Use 1601-02 No Longer in Use 1601-03 No Longer in Use 1601 -04 No Longer In Use 1601.OS No Lon erin Use 22 02/10/04 CC Mtg. ITEM 6 APPROVAL CITY ATTORNEY I FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council �7� FROM: Genie Roberts, Director of Finance()" DATE: February 10, 2004 SUBJECT: Property Insurance Renewal PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council approve the City of Temecula Property Insurance Policy renewal with Chubb Insurance Company, Landmark American Insurance Company for the period of February 26, 2004 through February 26, 2005, in the amount of $97,138. DISCUSSION: The City's General Property insurance policywith Chubb Insurance Company and Royal/Great American Assurance and Greenwich Insurance Companies expires on February 26, 2004. Based on the current market conditions, staff directed the City's Property Insurance Broker, Brown & Brown / Cal-Surance Associates, Inc, to market the City's property insurance policy. In response to this request, Brown & Brown / Cal-Surance Associates, Inc. validated the inventory of all City buildings and property requiring coverage, and obtained several qualified proposals for basic property insurance. Three of the most competitive proposals were received from the following companies in the amounts listed below. Additionally, Brown & Brown / Cal-Surance Associates, Inc. has provided a proposal for Earthquake and Flood Insurance from Landmark American Insurance Company: EARTHQUAKE/ BASE FINE ARTS / ARCHES TOTAL INSURANCE CARRIER PREMIUM HISTORICAL BUILDING PREMIUM Chubb Insurance $39,070 $58,068 $ 97,138 Philadelphia Indemnity $43,912 $58,068 $101,980 Insurance Company Fireman's Fund $47,644 $58,068 $105,712 Insurance Company The total property Insurance premium of $97,138 is an overall increase of $12,375 from the previous year's annualized policy premium of $84,763. This premium is well within the City's expectation when considering nearly an $8 million value increase as a result of adding the commercial buildings on Jefferson Avenue, Musicians Work Shop, two park sites and the completion of Mercantile Building earthquake retrofit. Also, the value for automated data processing equipment was increased to reflect current improvements throughout the City. The City's basic earthquake premium increase 10% from $52,496 for the prior year to $58,068. The City will maintain earthquake coverage in the amount of $15 million based on the total value of all City property having been assessed at over $28 million, and the fact that total losses are not likely to occur in the event of a major earthquake. This is the recommendation from the City's property insurance broker and is in accordance with the industry standard and practices. The City's risk is minimal in using Chubb because in addition to being an admitted carrier in the State of California, it has a financial size category $2 billion of reported capital surplus and conditional reserve funds. The attached proposals summarize the premium and coverage provided by Chubb and Landmark American Insurance Companies. FISCAL IMPACT: Adequate funds for the property insurance premium amounts are available in the Insurance Internal Service Fund. Attachments: 1. Chubb Insurance Proposal Summary 2. Earthquake Proposal (Landmark American Insurance Company) CHUBB INSURANCE COMPANY PROPOSAL SUMMARY TERM: February 26, 2004 - February 26, 2005 FORMAT: Occurrence NAMED INSURED: City of Temecula PROPERTY COVERAGE LOCATION BUILDING & CONTENTS DEDUCTIBLE ALL $25,284,850 $10,000 per occurrence COVERAGEINCLUDED: COVERAGE LIABILITY LIMIT Building & Personal Property $25,284,850 Contractor's Equipment $382,200 Business Income Extra Expense - Blanket $221,716 Fine Arts $100,000 Valuable Papers $1,170,000 Misc Unscheduled Equip & Mobile Voice Equip $150,000 EDP Property Blanket $2,660,000 Personal Property at Unnamed Locations $396,000 Machinery Breakdown Included Coveraqes Included in $250,000 'Blanket Limit" ADDITIONAL COVERAGES Chubb Form LIMIT Electronic Data Processing Equipment Blanket Limit Personal Property of Employees Blanket Limit Consequential Damage Blanket Limit Fire Department Service Charges Blanket Limit Fine Arts Blanket Limit Extra Expenses Blanket Limit Accounts Receivable Blanket Limit Valuable Papers Blanket Limit Outdoor Trees, Shrubs, Plants or Lawns Installation Blanket Limit Leasehold Interest Blanket Limit Newly Acquired Premises or Constructed Property (180 Days) COVERAGES With Specific Limits LIMIT Building $2,000,000 Personal Property $1,000,000 Electronic Data Processing Equipment $1,000,000 Electronic Data Processing Media & Duplicates $100,000 Fine Arts $20,000 Telephone Equipment $100,000 EARTHQUAKE COVERAGE TO BE PROVIDED BY LANDMARK AMERICAN INSURANCE COMPANY COVERAGE: Difference In Conditions including earthquake, earthquake sprinkler leakage, and flood. INTERESTS COVERED: Real property, personal property, business income, extra expense, valuable papers, EDP hardware, EDP software, EDP extra expense, stock tenants improvements, and betterments, and equipment. LIMITS: $15,000,000 per occurrence, and in the annual aggregate as respects earthquake sprinkler leakage subject to earthquake aggregate. UNDERLYING $25,000 per occurrence, except LIMITS/DEDUCTIBLE 5% per unit of insurance (including time element) subject to a minimum of $50,000 per occurrence for earthquake $50,000 per occurrence for flood EXCLUSIONS: Pollution, contamination, asbestos, flood zone 'A', 'V', or 100 Year flood plain. VALUATION: Replacement cost, except actual loss sustained on time element ITEM 7 APPROVA ), CITY ATTORNEY DIRECTOR OF F&ANCIE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Howard Windsor, Fire Chief DATE: January 22, 2004 SUBJECT: Fire Safety House Purchase PREPARED BY: Jim McBride, Fire Marshal RECOMMENDATION: That the City Council approve the purchase of the We Care Company Fire Safety Interactive Mobile Trailer for $39,306.97. BACKGROUND: With the growth Temecula has seen over the last several years and the number of new schools and families in the community, the Fire Prevention Bureau has recognized the increasing need to educate our children and community on Fire and Life Safety. The primary nationally accepted way to accomplish this goal of public education is through programs that are interesting, fun and educational all at the same time. With that in mind staff began to research different products, vendors and contacted other Fire Prevention Bureaus to discuss the different products and opportunities available. While viewing the public education programs other communities use staff determined the fire safety trailer is the most progressive and interactive approach to take. The Fire Safety House is a mobile home type trailer that is easily set up anywhere and becomes a classroom that is fully interactive. Some of the features included in the trailer are fire sprinklers, an interactive heated door and a smoke machine ducted into the bedroom, which allows us to teach children and adults hands on how to escape in the event of a fire. The educational opportunities are endless with the number of hands on activities available with the Fire Safety Trailer. With the events currently attended by our bureau as well as new opportunities with this trailer we anticipate it being used at least 6-10 times annually, making positive contacts with approximately 10,000 children and countless adults. We also anticipate using this in school programs another 20-30 times a year yielding as many as 5,000 additional contacts. During the research process staff discovered a $10,000.00 mini grant was available through the Riverside County Office of Education for the purchase of a Fire Safety Trailer and public education materials. In order to apply and obtain approval for the grant we needed to procure quotes from vendors in an expeditious manner. Staff solicited quotes from vendors that supplied similar proposals to the County of San Bernardino for the same type of product. R:tFire ManagementlStaff ReaonstRre Safety House Pumhase.dw Following is the summary of those proposals: • We Care Company $39,306.97 • Mobile Concepts by Scotty $39,157.00 • Surrey Fire Safety House Declined to Quote After carefully reviewing each quote and comparing the equipment offered, staff research concludes that the We Care Company product is the most competitive, offering extra service and two days of hands on, on site training. Staff found the additional service and training is not offered by the other vendor and therefore with this added value considered they are actually the overall low quote. Riverside County Office of Education awarded the $10,000.00 mini grant to the City of Temecula Fire Department on September 1, 2003. $7,000.00 of the grant is to be used towards the purchase of the Fire Safety Trailer. The community has also showed tremendous interest in the idea of a Fire Safety Trailer. Donations to purchase the trailer have been received from Guidant and Guidant employees, Ray Wilson's Healthy Exercise and Edge Development. To date we have received $7,650.09 in donations. FISCAL IMPACT: Funds are available in current fiscal year fire services budget. ATTACHMENTS: Equipment Purchase Contract R:'Fire ManagemeneStaff RegoreFire Safety House Pumhas&dw EQUIPMENT PURCHASE AGREEMENT Between the City of Temecula and We Care Company This Purchase Agreement ("Agreement") is made as of January 8, 2004, by and between the City of Temecula ("City'), a municipal corporation, and We Care Company ("Vendor"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: t. Purchase and Sale of Equipment. On and subject to the terms and conditions set forth in this Agreement and the Contract Documents, Vendor agrees to sell and deliver to City a We Care Company Fire and Life Safety Trailer/Center as more particularly described in Exhibit A, Description of Equipment, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 2. Purchase Price. The Purchase Price which City agrees to pay to Vendor for the Equipment is Thirty Nine Thousand Three Hundred Six Dollar and Ninety Seven Cents ($39,306.97) The Purchase Price is final and shall be paid by City to Vendor in accordance with the following schedule: $ 3,930.69 deposit due upon ordering $ 27,376.00 due at time of interior installation 8 8,000.28 balance due at time of delivery 3. Representations and Warranties of Vendor. Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title and Operating Condition. Vendor has good and marketable title to all of the Equipment. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Contract Documents. Vendor is aware that City is purchasing the Equipment for use as an interactive fire safety trailer and that City is relying on Vendor's PAgreemeM Samples.EquipmeM Purchase.Sample.203 warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. G. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contain, or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 4. Time of Delivery. The date and time of delivery of the Equipment shall be on or before June 30, 2004. 5. Place of Delivery. The Equipment shall be delivered to this location: City of Temecula at 43200 Business Park Drive, Temecula, Ca. 92590. S. Title and Risk of Loss. Title to and the risk of loss, damage and destruction of the Equipment shall remain with the Vendor until after inspection and acceptance of the Equipment by City. 7. Inspection and Acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. Re ection. In the event of such notice of non -conformity by City pursuant to Section 7, City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the Equipment, or (3) accept any commercial unit or units of the Equipment and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 9. No Replacements of Cure. This Agreement calls for strict compliance. Vendor expressly agrees that both the Equipment tendered and the tender itself will conform fully to the terns and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 10. Indemnification. Vendor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its officers, officials, employees, agents or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of or from the Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole negligence of the City. 11. Contract Documents. P:Wgreement Samples.Equipment Purchase.Sampie.2003 a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: (1) Scope of Work dated December 15,2003, attached hereto as Exhibit A; (2) Vendors quote dated December 14, 2003, attached hereto as Exhibit B. b. In the event any term or condition of the Contract Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. 12. Remedies. The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 13. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 14. Leoal Responsibilities. The Vendor shall keep itself informed of State and Federal laws and regulations, which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 15. Assianment. This Agreement may not be assigned by the Vendor without the express written consent of City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. 16. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 17. Prohibited Interest. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whetheror not such interest is prohibited by law or this Agreement. 18. Entire Agreement: Modifications Waiver. This Agreement, constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Contract Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Contract Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any 96082911086-00001 me 14801910 _ 3 _ waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 19. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third business day after mailing if mailed to the party to whom notice is to be given, by first Gass mail, registered or certified, postage prepaid, or on the first business day after being deposited with an overnight carrier for delivery the next business day, and properly addressed as follows: To City at: City of Temecula 43200 Business Park Drive Temecula, California 92589 Attn: City Manager To Vendor at: We Care Company PO Box 423 Gaff, Co. 95632 Attn. Kevin Harcourt Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above. 20. Effects of Headings. The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 21. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. 960829 11086 OW01 = 14801910 _ 4 _ IN WITNESS WHEREOF, the parties to this Agreement have duly executed in on the day and year first above written. CITY OF TEMECULA Michael S. Nagger, Mayor Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney Vendor We Care Company PO Box 423 Galt, Ca. 95632 888-458-1887 209-744-1929 Fax Kevin Harcourt By: Name: 960829 11086-00001 =14801910 - 5 EXHIBIT A DESCRIPTION OF EQUIPMENT / SCOPE OF WORK 2003 We Care Company Fire rt Life Safety Center Dimensions 1 • In service weight of the trailer is approximately 7,500 Ibs fully equipped_ 2• Overall exterior height of the trailer is 10 ft. 3. Interior height of the trailer is 7'6" to drop ceiling and 8' to the roof. 4• Width is 102 inches from wheel wells. Body is 8 ft wide and 39 ft long plus the tongue. Frame 1. Frame is constructed of 2"x6" mail channel wrap around tongue 2"x3" tubular steel ?• perimeter frame with 2"x2"x%o angle iron at 22" center cross ties. The frame is sprayed with an asphaltic undercoating black in color. Axles & Suspension 1. The axles are rated 12,000 GVW and require no springs. Injected rubber type torsion axles 4" drop tandems. Axles are manufactured by Dexter. Axles are EZ lube. 2. Four wheel electric drum brakes with breakaway system. 3. Four pivot jacks are removable or can swivel out of the way providing stability plus leveling advantage. 4. The tire manufacturer is Goodyear, size ST 235x16, load range 2150, tread design standard. Wheels are eight -hole, white modular size 16x16. Trailer Construction 1. Body is welded to frame incorporating 1x1" tubular steel frames welded 16 inches on center. Frame and assembly are painted black. 2. The trailer has 1" side walls, 1 "x1" square tubular steel studs, pre -painted aluminum skin, 1" foam insulation, 3/8" plywood covered with FRP plastic wall covering approx. 1 /8" thick. Total thickness is 1 5/8". Exterior walls are welded steel construction. 3. The frame is equipped with SAE safety change utilizing welded U brackets on the frame. 4. Flooring is 1 1 /8" plywood, stringer 16" centers constructed 2"x2"x1 /4" angle iron. Flooring is undercoated with rubber type black coating. The floor is designed to hold 6,000 pounds. 5. Wheel wells are made of steel and are incorporated in the frame. 6. Interior walls are steel stud standard 2"x4" dense foam insulation is placed between 1"x1" studs covered with 3/8" plywood and screwed. FRP wallboards are glued and screwed to plywood. 7. Doors are hollow core standard home doors. Colonial style with raised panes. 8. A drop ceiling has drop in florescent lights, fiberglass polyvinyl ceiling tiles 2'x4' center grid with 2"x2" on outside grids with white grids. 9. Cabinets are white and countertops are gray but can be changed. 10. Windows are constructed of Mitgard standard home style windows. Viewing windows are constructed of laminate auto safety glass with tinting added. Roof Ventilation System FROM :WE CARE CO FAX NO. :2097441929 Dec. 15 2003 01:22PM P3 1. The roof vent is in the interactive bedroom. A floor vent is in the theater area. Ventilation system consists.of.Fasco-model draws 1620 cubit ft per minute grid draws 3.11 a� ps � yA-- � hn "1 RPM, 2. The roof has one power vent controlled by a switch in the control room. 3• The roof vent is located above the interactive bedroom near the center of the room. 4. Ventilation system removes smoke from interactive bedroom fast and efficiently. Average clearing time is approx. 30 seconds depending how much smoke is usedA Heater/Air Conditioner 1 • Roof mounted heating and air-conditioning system 13,500 BTU's with a heat strip is in the theater area. Safety Lights 1. The trailer is equipped with mandatory break lighting, back up lighting and clearance lights. 2. Porch light illuminates the ramp and front of the trailer. 3. Hitch power connection cord for D.O.T. lighting is a universal RV bargeman seven way plug. 4. Chrome license plate lights on rear of the trailer with brackets. Exterior Compartment I. An entry door is 36"x6'8", deadbolt and latch, an aluminum frame, plywood covered both sides with aluminum colored skin. 2. The puppet window is 36"x5' horizontal. Interior latch and gas charged shocks hold it upright. 3. The stage is constructed with a steel frame, plywood, covered with carpet on interior sides. It can be used as a ramp into the theater area. Exterior covered with pre - painted aluminum siding. 4. The roof is constructed of one piece of aluminum and sealed with a silicone RV roof coating on all seams. Folding facade is 4' tall at peak along top of trailer. The fagade has 4" vinyl trim along the top edge and gable vent in the top center. 5. Exit safety door in rear of trailer, required by the California Department of Housings for exiting in commercial coaches. Fog Machine 1. One fog machine is located in the control room ducted into the interactive bedroom. 2. One fog machine is located inside the interactive stove/oven. Control Room 1. The control room has a window in the bedroom made of tempered safety glass. Door entrance has a 24" opening with a pocket door assembly. 2. Control room measures approx. 60"x36". The control room panel controls the electrical equipment. All switches are decor rocker style under viewing window for easy access. 3. The control room shelves and counter hold the VCR, DVD player, PA system, 911 phone system, and audio equipment. FROM :WE CARE CO FAX NO. :2097441929 Dec. 15 2003 01:23PM P4 Interactive Bedroom 1. The bedroom has a 36" full-size heated door which separates the bedroom from the entrance into the interactive theater area. 2. The bedroom measures 61x81. The ceiling height is 7'6". 3. The window is on the curbside. It measures 48"x48", slides side to side, 18" off the floor, dual glazed, white gridded Milgard window. The window has color coordinated fabric valance. 4. The built in bed measures 6'x30" and is 18" off the floor. The bed is vinyl coverd foam mattress made to fit the bed. 5. The bedroom has a 9 volt wired smoke detector on the wall nearest the control room with an on/off switch located in the control room. 6. The bedroom is carpeted, wallpaper trim, light fixture, duplex outlet, speaker and sprinkler head located on the ceiling. Interactive Theater Area 1.. The interactive theater area measure 8'x22'. 2. The puppet window has color coordinated fabric curtains. 3. A 27" corner mounted television is provided. 4. Benches are constructed of plywood covered with 2" foam padding, covered with carpet and vinyl. 5. A complete 13D sprinkler system is provided. Sprinkler heads are located throughout the trailer. The standpipe is located in the theater area. A gong fire alarm system is located in the kitchen cupboard. 6. The smoke detector in the interactive theater provides safety. It is battery operated. A teaching smoke detector on the outside wall of control room is used to show how to test smoke detectors. Interior Lighting and Electrical 1. Two overhead lights, four bulb fluorescent are located in the interactive theater area. 2. Eight duplex receptacles are provided throughout the trailer. 3. Electricity is provided by a three -prong household plug on the outside watt under a cover, 30 amp service. One hundred -foot 12-gauge construction grade extension cord is provided. 4. One outside plug, GFl with cover is located by the stage opening. Interior Walt Design E2 Decoration 1. Walls are covered with FRP textured wallboard. Top is white, bottom gray, divided by a 3" chair rail. 2. Cabinets are made of white veneer. Electronic Equipment 1. A 27" television, VHS video cassette recorder, amplifier system, CD player, stereo tape deck, speakers, speaker switching unit and microphone are all included in the standard package. 2. Two book shelf speakers and two surround sound speakers are provided in the interactive theater area. RiiYjsed R/12/03 We G:jr� OMR' aany 4 FROM :WE CARE CO FAX NO. :2097441929 Dec. 15 2003 01:24PM P5 E 00 C) m F- +I W C m t U 9! a C W rn C 10 Q od C C J FROM :WE CARE CO FAX NO. :2097441929 Dec. 15 2003 01:26PM P7 3. Two 3-way outside speakers are a standard feature. They can be clearly heard up to 200 ft. away. 911 Phone System 1. The trailer comes equipped with a 911 system. Two phone lines are provided with a PA system for 911 interaction. 1. One jack is located in the control room, one in the interactive theater area. 3. Interactive 911 training can be done with this feature. Loudspeaker System 1. 120 watts per channel stereo system, PA with two jacks in control room, one jack near the stage and puppet window. One microphone is included. Two outside 3-way speakers are located on the side of the trailer. Storage Compartments 1. Trailer has a storage area under the bed. Clearance Lights and Reflectors oved clearance lights and reflectors are standard. 1. Department of Transportation appr Other Uses 1. Teaching burn safety, E.D.i.T.H., earthquake safety, D.A.R.E., first aid training. 2. Command Center, MCI trailer, mobile triage center, incident command, fire training classroom, fire simulator, firefighter rehab center, emergency fire station, first aid station, etc. Fire Safety Teaching Products and Department Training 1. Age appropriate vH5 tapes, age appropriate lesson plans. 2. Two days of training are provided. One will consist of maintenance, operation, set-up, towing, etc. other day is at a school or department for hands on training. Certification 1. Trailers are inspected by the California Department of Housing. They are tagged for compliance to occupy. 2. Certification can be arranged for your state compliance. Warranties 1. Charmac Trailers, Inc. warranty booklet, three year warranty, one year on roof. 2. We Care Company warranty, 2 year on interior against manufacturers defects on workmanship. Delivery 1. The proposed delivery date from rgcpipt Qf deposit is 120 calendar days. RQvj d J�MZJQ3 wo C ry ;0 -..any 4 'We Care Co. Concession Connection P.O. Box 423 Galt, CA 95632 Temecula Fire Dept Michael Horton Temecula Fire Services 43200 Business Park Drive Temecula, CA 92590 EXHIBIT B VENDORS QUOTE 12/14/2003 45 °.0. NUMBER I TERMS I PRC 1raF1'er)W! W.J SteIeEJ:VPIW?71y T7*ier; ... 30,575.0.0 30;575.00T : T Pla et PAS Miero hon Surr .... .._�,.:_� .. _...,._. _ _ Outside ' i,nw,,��rwf:�.r. M,=_'kers;Puppet:Vl'tndSmo �.Machines,F 1 d,:.. ow;Og � � _. ?Pe Video Taped 2Day Trainullg,9-l:lhone::., .-. - BySfage; Hanidtcap Acdessibie;'Oven Simutator, Complete .�ra`su:.•::�;� a- `��''Smoke::Bidc>m_;_Ppll=Box;_._S_mCtce_�e_ tectois;:Stairiless IrY•i�firnwn•.....1:.._i _iwr� _ .... ..... Steel Gravel`Guard Fi Aluminum Covered T ongue .... - ffX 948 43 .' .... 948.43T; Fees.00 5.00 45 ..,.^,u. ;W^,A11V MO.,•_ :. •_ ._ 31.00 31.00 ifil;ir s„^'3LF�nerac;Generatoz.=wltatlipe;sryitcl�;:;3fl':hamess, 3,600.00 ?,600.OQT; �mamtenancekit ___... . a¢"! ._ __.. r.....r—.... _ Gam. =t�.—alb • ,. _..:::... _. rt.,-.:l:�xrira.3�4�,•:_:r, is $aXi..,---::� ,.•_.... - �..... .. '. _ .. c�l:;lFtl;:•=m:ra:..r X^ A`y��"?b1 $,. X; 1, �. — - -- _ ....... .... 7 ... _ .. future earthquake rmrrl�tron atso ducted for ... s _ ... � _. ...............r. . <:=~y:rf•-=:� » eltejF:tnplacetraramg�exterorsno e: -- -._ _. . Foirt�o`criei:leweling 7acFs '�: - , -- `:.: . :3: ! J»i: -ney ,•...... :• ..mow .- - .... • .. _. ._.r:., ..:i3"a.... a .. . ... .... All Aluminum Ramps Front & Rear Exit ilif{G.:iar�y[It.Sfii{f�•"••—_ .._.____.... _.n..i.;:»�,.;:_.evr��:�Yrunrmmr•Haa73t�SYstein:Froiii�:iteaie::=:;.. ... ._. . 1.a[}d Cr)vered::A •num Diaznondplate;when folded up . r.nn .fad n ....�.. i.. r....r.r....... .ra°$s:..-...,.,.. ,.;. .._. fh�fchessrde-oftiailer.........::._._.._......:........::..::::._....._.......... p ::: ._ .. .. ...._ ..- .. 7. .... 2��I, 1.72 .._ 13f141f. f!6Y)If:M�—f'. ....._._._... ....�.. {��{i{{t,.tl[v-ryiir�WlSjj'LIIFI�n�Fi_3.ar,Jj:��: '.�.: .... ... O T TAL s39,306.97 ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: n City Manager/City Council FROM:/I/ lWilliam G. Hughes, Director of Public Works/City Engineer DATE: VVV February 10, 2004 SUBJECT: Tract Map No. 29661-2,-3,-4, Located South of Murrieta Hot Springs Road, East of Winchester Road, West of Butterfield Stage Road, and North of Rancho California Road in the Roripaugh Ranch Specific Plan PREPARED BY: Ronald J. Parks, Deputy Director of Public Works C`l Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Tract Map Nos. 29661,-2,-3,-4 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Tract Map Nos. 29661-2,-3,-4 are located within Tract29353-1 of the Roripaugh Ranch Specific Plan. As part of Specific Plan, Tract Map Nos. 29661,-2, 3,-4 are subject to all Specific Plan Amendments and Agreements. November 26, 2002 the City of Temecula approved tracts 29353-1 and 29661 and their conditions of approvals. Final Tract Map No. 29661-2 is a subdivision with one hundred (100) single-family residential lots with one open space lot. The tract is located South of Murrieta Hot Springs Road, North of Rancho California Road East of Winchester Road, West of Butterfield Stage Road. Final Tract Map No. 29661-3 is a subdivision with one hundred and three (103) single-family residential lots with one open space lot. The tract is located South of Murrieta Hot Springs Road, North of Rancho California Road East of Winchester Road, West of Butterfield Stage Road. Final Tract Map No. 29661-4 is a subdivision with one hundred and three (103) single-family residential lots with one open space lot. The tract is located South of Murrieta Hot Springs Road, North of Rancho California Road East of Winchester Road, West of Butterfield Stage Road. The site is currently vacant. The owners of the property is: Roripaugh Ranch 100, L.P., A California Limited Partnership has met all of the Conditions of Approval. These final maps are in conformance with the approved tentative tract map. The approval of a final subdivision map, which substantially complies with the approved tentative map, is a mandatory ministerial act under State Law. r:\agendarepor4s\2004\021004\Vn29661,-2,-3,-4.map The following fees have been deferred for Tract Map No. 29661: Development Impact Fee due prior to issuance of a building permit. FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Tract Map Nos. 29661-2,-3,-4 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. TM 29661-2,-3,-4 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) Paid Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit 2 r:\agendareports\2004\021004\tm29661,-2,-3,-4.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO- 29661-2 DATE: February 10. 2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL SECURITY & LABOR Street and Drainage $ 526,500 $ 263,250 Water $ 147,000 $ 73,500 Sewer $ 122,500 $ 611250 TOTAL $ 796,000 $ 398,000 Monument $ 12,960 - DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ Paid $ 0.00 $ 201.00 $ 8.00 $ 4750.00 $ 648.00 $ 6,007.00 $ 0 3 r:\agendareports\2004N021004\tm29661,-2,-3,-4.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT DATE: January 27.2004 IMPROVEMENTS FAITHFUL SECURITY PERFORMANCE MATERIAL SECURITY & LABOR Street and Drainage $ 546,000 $ 273,000 Water $ 166,000 $ 83,000 Sewer $ 130,500 $ 65,250 TOTAL $ 842,500 $ 421,250 Monument $ 12,960 - DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ Paid $ 0.00 $ 204.00 $ 8.00 $ 3,810.00 $ 648.00 $ 4,670.00 $ 0 4 r:\agendareports\2004\021004\tm29661,-2,-3,-4.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TPArT MAP kin 9QRR1_d DATE: January 27.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL SECURITY & LABOR Street and Drainage $ 571,500 $ 285,750 Water $ 157,000 $ 78,500 Sewer $ 128,000 $ 64,000 TOTAL $ 856,500 $ 428,250 Monument $ 12,960 - DEVELOPMENT FEES City Traffic Signing and Striping Costs RCFCD (ADP) Fee Development Impact Fee SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 0.00 $ Paid $ 0.00 $ 204.00 $ 8.00 $ 4010.00 $ 648.00 $ 4,870.00 $ 0 5 r:\agendareports\2004\021004\tm29661,-2,-3,-4.map 31TE Is LQ Q co Q J W ct m 15 215 J MURRIETA RD. z HOT SPRINGS W o J N/ VICINITY MAP a gill ow 11,11111 fig if a E @Y l kgjd I gill $ g$$ $ h U h hU yg a "Il C4 L g a i EE 9 y r gs 5 Y F!] �skNoC Y g 3S�ppq^ g [6, ®p3 A .d �id�aE a3�� rFI 8 r� `his@S 38 bill hg$ k �q�6 y _ b d1d b :Iva 4 qq d Y : p y � e Y kill: p $ �$ y $ugh � s $ Q .� b � he bill 9 �° ga®q 9 gg Na IM1 IN E3�� Yeal V x, a ipks a `4r ell h d Q & $ pe 1 ti'~', it iur.wrrn �irury��TpYlr/N__�-QKK V)) y $ $ $ --.ovrro— C 22. o- )rinm.,Y rq2;ry� h B6 I € j IN @ 2 & ¢gg ag i i ' n it, n�t R° Ppill a • j • • • tar • • q gel' mpg _-w y WIN ,1 • •i •e • •• • Ii eSc _sl � H �fi •• I y y t `z 9" sb ffi n 9hS 3 5i I -- �� i S9 f��f:�rt si qr3 nJiFa F/` 1'-a4Y'h;:- \ /f� R ` $x �' � w l i l � `• � � � iws I li ^ ___ __— — —n D✓:- � ppy� g ag a loll g apg q� �a�ciiK;ir.'�"-�O YA a$ ia� �x :?�.4 � �.ttt t ``�.t � �i"•«:,NO 1 �9Apg 1 i�'CA }``i+ �♦ + 1� .�,aq W IT' ! .., aloes, "are f '•, h y, ,�� •+ t Nt N Yf f i ... ' �� A. \ IIf R RN LLfJ4 M• 'R �a'R Atl'R Ri � �;Q'M%iNN yy 8 •hI'4j� 1 rRGi w�j �\ t�i Cejj �j I .�a•f�?y+w NI ; R' ^ AY, �1 t F. ( r yp �@� ` die `se'w�., ,�� n• •{ w a W7.ttiJ);r�\ i• VV 8 � Ii � R m aaa. i ya+ I Gwriyq u Y V h 1 i- 6 e I� w' � � a _ws_•. i6 II I tt 4 i OW maM eawwr 3 -------- _ — Pn r-cssex ON sou 8 s it j' $ C-19964 'ON JZ)VW a RRaMq ;x; gee°i 1090 EREEP`GEMBER 0 M L.: ITEM 9 APPROVAL CITY ATTORNEY "T DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: /4Nilliam G. Hughes, Director of Public Works/City Engineer DATE: February 10, 2004 SUBJECT: Parcel Map No. 31169, Located South of Rio Nedo, East of Tierra Alta Way, North of Avenida Alvarado, Being a subdivision of 33, 34,38 & 39 and portions of 32 and 37 as shown by tract map 14936. PREPARED BY: Ronald J. Parks, Deputy Director of Public Works C{n/ Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Parcel Map No. 31169 in conformance with the Conditions of Approval 2.) Subdivision Monument Agreement and accept the Monument Bond as security for the agreements. BACKGROUND: Parcel Map No. 31169 is located within Tract 14936, Parcel Map No. 31169 is subject to all underlying conditions of approvals. Parcel Map No. 31169 is a Parcel with three (3) lot industrial parcels. The parcel is located South of Rio Nedo, North of Avenida Alvarado and East of Tierra Alta Way. The site is currently being used for industrial purposes. The owners of the property is: First Industrial Development Services, Inc., A Maryland Company has met all of the Conditions of Approval. This Parcel Map is in conformance with the approved tentative parcel map. The approval of a final parcel map, which substantially complies with the approved parcel map, is a mandatory ministerial act under State Law. The following fees have been deferred for Parcel Map No. 31169 Development Impact Fee due prior to issuance of building permit FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fee & Security Report 3. Project Vicinity Map 4. Parcel Map No. 31169 rAagdrpt\04/tm29798,-1; 2,.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 31169 The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit rtagdrpt\04/tm29798,-1,-2,.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT Dn,.l MAD NA '311 RQ DATE: February 10.2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL & LABOR SECURITY Street and Drainage $ 47,000 $ 23,500 Water $ 0 $ 0 Sewer $ 0 $ 0 TOTAL $ 47,000 $ 23,500 Monument $ 0 - DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee Comprehensive Transportation Plan Plan Check Fee Monument Inspection Fee Fees Paid to Date Balance of Fees Due $ 57.00 $ 4.00 $ 810.00 $ 250.00 $ 1,121.00 $ 0 3 r:lagdrpt\041tm29798; 1; 2,.map 0 h Z � a � ik3$ a§t lit W g Q pp �k14��d 4 � .F g � Y76�a I @� NI a 11"' I � v a$k g ¢ I¢3Aq 3S a 4�qq�ppppppc`��4 � yy��i�9�H yp3R q¢p Oh y jjj 1 �e a --. ---I E'd 0Eb82LE608 SNOO`J8 R OWONI SW`JH eTb:TT 40 SO uer V M R V J I � _ t SS3Ll i I ppi i. �am> amrr+ml Raro�'rµi_ �41.aic�� Oammf r 4/s2nW {i I msx H� tK{TJµ is Si101 JI'l Jill Jill i s @ Hiklull mI !illl 141E1 pp� �aa�D pcs �Oa-.n/n/.rorlr � srnnx I I e �ppppI Y I/MY.IIL/ IY-M,f/.?3Y WI.IRIrhx Z-d OEbBELE606 SN0086 9 suodiswad eTb=TT b0 Solder ITEM 10 APPROVAL CITY ATTORNEY DIRECTOROF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: A William G. Hughes, Director of Public Works/City Engineer DATE: February 10, 2004 SUBJECT: First Amendment to Annual Citywide Routine Maintenance Contract PREPARED BY: 60 Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the First Amendment to the Annual Citywide Routine Maintenance Contract with Rene's Commercial Management for an amount of $100,000.00 and authorize the Mayor to execute the amendment. BACKGROUND: On June 24, 2003 the City Council approved the Annual Citywide Routine Maintenance Contract with Rene's Commercial Management to provide citywide routine maintenance throughout the City in the amount of $100,000.00. This work generally ranges in costs from over $1,000 to under $25,000 and involves citywide post -emergent weed spraying, mechanical weed abatement, trash and debris removal from public right-of-way and City owned property. The First Amendment is necessary due to an increase the number of large projects for pre and post emergent herbicides weed spraying, hand removal of vegetation from channels, right-of-way weed abatement, City owned lots weed abatement and spraying, right-of-way debris and trash pick-up. Because of the increase in the number of these projects, it is necessary to increase the amount of the Annual Contract to continue to maintain weeds and debris from the public right-of-way. Rene's Commercial Management has been the most consistently available and responsive, and the only contractor that submitted a bid to perform this work. The additional contractors on contract are specialized in different area's of construction and do not perform the same job tasks as Rene's Commercial Management. This has resulted in the contract with Rene's Commercial Management being exhausted sooner. The requested First Amendment to Rene's Commercial Management and the original contract for a total amount of $200,000.00. FISCAL IMPACT: Adequate funds have been budgeted in the FY2003-04 Public Works Maintenance Division, Routine Street Maintenance and Drainage Facility Maintenance for the original contract amount of $100,000.00 plus this First Amendment in the amount of $100,000.00 for a total contract amount of $200,000.00. ATTACHMENT: 1. First Amendment 2. Agenda Report June 24, 2003 R:\Agenda Reports\2004\2/10/04\Becker Amend 1 FIRST AMENDMENT TO ANNUAL MAINTENANCE CONTRACT BETWEEN CITY OF TEMECULA AND RENE'S COMMERCIAL MANAGEMENT THIS FIRST AMENDMENT is made and entered into as of February 10, 2004 by and between the City of Temecula, a municipal corporation ("City') and RENE'S COMMERCIAL MANAGEMENT ("Contractor'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On June 24, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Agreement in the amount of $100,000.00 for Citywide Routine Maintenance" ("Contract"). B. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 3 of the Agreement is hereby amended to read as follows: a. Contractor shall be compensated for actual work performed on the basis of the labor and equipment rates set forth in Exhibit "B", Labor and Equipment Rates, attached hereto and incorporated herein as though set forth in full, the cost of materials approved by the Director pursuant to the procedures set forth in Exhibit "A". The First Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00). The maximum amount of payment under this Agreement shall not exceed the total contract amount of Two Hundred Thousand Dollars and No Cents ($200,000.00) unless a higher amount is approved by the City Council by amendment to this Agreement. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:IMAINTA1NIWKORDERSICONTRACT MASTERSI2003-2004IRENES 03-04 AMEND 1.DOC IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA AN Michael S. Naggar, Mayor ATTEST: MR Susan W. Jones, CIVIC, City Clerk Approved As to Form: L-"V Peter M. Thorson, City Attorney CONTRACTOR RENE'S COMMERCIAL MANAGEMENT 1002 Luna Way San Jacinto, CA 92583 (909) 487-0247 BY: Rene Martinez Sr., Owner 2 R.-IMA/NTAWI WKORDERSICONTRA CT MASTERS12003-2004IRENES 03-04 AMEND LDOC CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: '4 William G. Hughes, Director of Public Works DATE: June 24, 2003 SUBJECT: Public Works Fiscal Year 2003-2004 Annual Maintenance Agreements PREPARED BY: b4Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council approve the minor annual maintenance and construction contracts for Fiscal Year 2003-2004 with: 1. Becker Engineering in an amount not to exceed $100,000.00 2. Cajer Equipment Rental in an amount not to exceed $100,000.00 3. Imperial Paving Company, Inc., in an amount not to exceed $100,000.00 4. Monteleone Contractors, Inc., in an amount not to exceed $100,000.00 5. Murrieta Development Co., in an amount not to exceed $100,000.00 6. Rene's Commercial Management, in an amount not to exceed $100,000.00 7. Toran Development & Construction in an amount not to exceed $100,000.00 BACKGROUND: Each year the City enters into numerous maintenance and construction agreements with various contractors that perform minor (small job) maintenance and construction jobs. These jobs usually range in cost from over $1,000 to under $25,000 and involve miscellaneous repairs to drainage areas, sidewalks, curbs, cutters, and storm drains to include excavation. Nevertheless, each job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under agreement seven (7) contractors that are very capable of performing these routine jobs with little notice. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor maintenance and construction work by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Also, in the event of harsh weather that can impinge the safety of the City roadways, and other City maintained areas, these agreements can facilitate an expedient reaction and resolution to advise conditions without jeopardizing administrative requirements. It is. important to understand that the not to exceed $100,000.00 amount does not necessarily mean it will be spent but rather is a ceiling to operate below on an as needed basis. r.\agdrph2003\0624Annua103-04 MalntggreementsAGNtaJp Although some jobs may be better accomplished by one contractor because of equipment availability, timing issues and job location, every effort will be made by staff to distribute the work load evenly between the these contractors. The contractor will be responsible for providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to twelve (12) contractors in the local area that could meet the described minor maintenance and construction needs. The letters requested time and material pricing for both labor and equipment rates. It also included holiday and overnight rates. Seven (7) out of the twelve (12) contractors responded and provided competitive labor and equipment rates as seen in Exhibit V of each agreement. Review of these rates has determined they are consistent with current prevailing wages and current hourly equipment rates previously paid by the City. The contractors listed below responded to the request for time and material rates and are recommended for not to exceed $100,000.00 agreements for a one (1) year term. Company Walter K. Becker (dba Becker Engineering) Cajer Equipment Rental Imperial Paving Company, Inc. Monteleone Contractors, Inc. Murrieta Development Company Rene's Commercial Management Toran Development & Construction Amount not to Exceed Term $100,000.00 1 year $100,000.00 1 year $100,000.00 1 Year $100,000.00 1 year $100,000.00 1 year $100,000.00 1 year $100,000.00 1 year FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2003-2004 Public Work's, Maintenance Division Operating Budget for; Drainage Facility Maintenance Account No. 001-164-601- 5401; Routine Street Maintenance Account No. 001-164-601-5402; Old Town Repair & Maintenance Account No. 001-164-603-5212; and Other Outside Services Account No. 001-164-603-5250. ATTACHMENT: 1. Contractor Mailing List 2. Contracts r:1agdrpt\200310624Wnnua103-04 Maint AgreementsAGNlajp ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINAI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Akwilliam G. Hughes, Director of Public Works/City Engineer DATE: February 10, 2004 SUBJECT: Amendment No. 1 to Professional Services Agreement with Vanir Construction Management, Inc. for Construction Management, Material Testing and Special Inspections for the Old Town Temecula Community Theater, Project No. PW02-23 PREPARED BY: Greg Butler, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: That the City Council: Approve Amendment No. 1 to the Agreement with Vanir Construction Management, Inc. to provide professional construction management, material testing and special inspection services, in an amount not to exceed $418,036.00, and authorize the Mayor to execute the agreement. 2. Authorize the City Manager to approve amendments to the agreement not to exceed the contingency amount of $44,300, which is equal to 10% of the additive amounts of the original agreement of $24,980 and amendment No. 1 of $418,036. BACKGROUND: The Old Town Temecula Community Theater will provide seating for over 300 people with an orchestra pit, scene shop, loading dock, storage, dressing rooms, offices, classrooms, and dance studio/rehearsal room. In addition, the project will refurbish the existing Mercantile Building, and construct site walkways and hardscape improvements, a concession and restroom structure, site landscaping, and a 22-space parking lot. Because of the size and complexity of the project it requires material testing, special inspection, and a full time construction manager with recent proven experience in the construction of large-scale building projects like the Community Theater. The Public Works Department requested proposals from six (6) different firms with extensive experience in construction management of large-scale building projects. Three (3) firms responded to the proposal and none of the firms have previously performed work for the City. Staff rated Vanir Construction Management, Inc. as the firm providing the most qualified and cost effective proposal. Vanir Construction Management, Inc. (Vanir) has extensive experience with similar projects. They will provide all the construction management, material testing and special inspection services described in the Scope of Work shown in Exhibit "A" of the attached agreement. 20040210 M02-23 PSA CM Vanir's cost proposal is based on the estimated construction duration of fourteen months and breaks down as follows: Phase One (Pre -Bid Analysis and Review): $ 24,980 Phase Two (Construction Support) Construction Management $278,640 Material Testing & Special Inspections $132,396 Reimbursables 7,000 Total $443,016 The original Agreement with Vanir, in the amount of $24,980, was administratively approved in order to carry out a detailed cost estimate and constructability review prior to construction. FISCAL IMPACT: The Old Town Community Theater Project, Project No. PW02-23, is funded with Redevelopment Agency Bond Proceeds and Reimbursements in the form of donations. The amount of phase one of the construction management agreement was $24,980. Amendment No.1 is for an amount not to exceed $418,036 to complete phase two work. The total cost of the original Agreement, plus Amendment No. 1 is $443,016, plus a 10% contingency amount of $44,300 brings the total authorization to $487,316. Once the transfer of funds and additional appropriation detailed in the agenda item titled "Award of Construction Contract for the Old Town Community Theater, Project No. PW02-23" are authorized, adequate funds will be available in project account No. 210- 190-167-5805. ATTACHMENTS: 1. CIP Project Description 2. Location Map 3. Agreement with Vanir Construction Management, Inc. 2W0 210 M02-23 PSA CM O' N p W o N F o �v ai °.°o d 71 d F F ♦+ ♦+ is a aA as p p p p p a, 000 pp E+ ° v� N o n N o O o O C v M M W vi V� to V3 ev 0 0 N 0 0 0 N lolr vn vi N O O p N O o N N M 69 VI le 6e O N 9 Cl! I O .. N kr p to N M M N N 49 44 vi e9 0 O d 0 0 0 a8� n � w A N N h O p> a w h h r y N d N O of 6s 69 va v� Ri Pi H Q u �+ u 2 a o � o a O W y 7U F <cUAu.H a r 0 00 .~i a �' d O U d :. u m L Pa z� FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND VANIR CONSTRUCTION MANAGEMENT, INC. OLD TOWN TEMEMCULA COMMUNITY THEATER PROJECT NO. PW02-23 THIS FIRST AMENDMENT is made and entered into as of February 10, 2004 by and between the City of Temecula, a municipal corporation ("City') and Vanir Construction Management, Inc. ("Consultant'). Inconsideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: A. On September 4, 2003 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for professional construction management, material testing and special inspection services ("Agreement') in the amount of $24,980.00 ("Agreement'). C. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement is hereby amended to read as follows: TERM. This Agreement shall commence on September 4, 2003, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2005, unless terminated sooner by the provisions of this Agreement. 3. Section 5 of the Agreement is hereby amended to read as follows: PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B1, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. The First Amendment amount shall not exceed Four Hundred Eighteen Thousand Thirty Six Dollars and No Cents ($418,036.00) for Phase II work involving additional construction management, material testing and special inspection services. The maximum amount of payment under this Agreement shall not exceed the total Agreement amount of Four Hundred Forty Three Thousand Sixteen Dollars and No Cents ($443,016.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. 4. Exhibits A & B to the Agreement are hereby deleted from the Agreement and in its place new Exhibits Al & B1 are added to the Agreement as set forth on Attachment A to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 RACIP\PROJECTS\PW021PW02-23 RDA Theater greements\Vanir Amendment Ldoc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Vanir Construction Management, Inc. David R. Anderson, Project Director 290 North D Street, Suite 900 San Bernardino, CA 92401 (909) 384-1785 Mansour Aliabadi, President Alex Leon, CFO (Two Signatures Required For Corporations) 2 RdCIP\PROJECTS\PWWWW02-23 RDA TheateMgreements\Vanir Amendment 1.dw 01/22/2004 19:20 9093817534 VANIR CN AT SBDO PAGE 02 VMR Constniction Management, Inc. 290 North D Street State 900 San Bernardino, CA 92401 909 384-17138 ATTACHMENT A 209 3e1-7534 FAX EXHIBIT Al January 22, 2004 Mr. David McBride Senior Engineer — Capital Projects Department of Public Works City of Temecula 43200 Business Park Drive Temecula, CA 92590 Re: Phase One and Two Construction Management Services Old Town Community Theater Dear Mr. McBride, Vanir Construction Management, Inc. is pleased to submit to you our full proposal for phase one and two construction management services. Our existing agreement provided for pre -bid analysis and constructability review of contract documents (Phase 1) for the Old Town Temecula Community Theater project (these services are included below for your reference). The City now desires Phase 2 professional services (Construction Support) as described below: Phase One (Preconstruction Services) Coustmetability Review Back -Check VCM will review the architects bid documents to ensure the comments generated in our constuctability review dated March 14, 2003 were properly incorporated by the architect before bid advertisement. Final Cost Estimate VCM will review the entire scope of work and develop a comprehensive detailed cost estimate using the CSI format. All unit pricing will reflect current local market conditions. This document can then be used to evaluate any bid alternates that may need incorporation into the bid documents to assure an award within the construction budget. Sacramento Los Angeles San Diego San Benardino San Luis Obispo San Jose Bellevue San Francesco 01/22/2004 19:20 9093817534 VANIR CM AT SBDO PAGE 03 Mr. David McBride Attachment A - Exhibit A Temecula Community Theater January 22, 2004 Project Validation VCM will verify ROW certifications, public utility coordination (i.e. water, gas, sewer, power etc.) and agency permitting to assure that the project is ready to start construction and be supported as required by utility purveyors and public agencies. Master Schedule VCM will develop a Master Schedule showing the remaining tasks left to be accomplished in the pre - construction phase, such as agency reviews/approvals, permitting, council authorizations, bid and award schedule including pre -bid meeting, bid date and award date. The Construction Phase will indicate procurement schedule for owner FF&E, major construction milestones and occupancy / commissioning of the project. Phase Two (Construction Sunnort) Construction Management Plan VCM will provide a customized construction management plan in coordination with the City and the architect and other team members. The CMF will provide the city, contractor, subcontractors, architect and their consultants, inspectors and testing labs with detailed information concerning the specific requirements, communications and procedures that will be implemented during construction of the community theater. The construction management plan is intended to supplement the contract documents and does not replace or delete the contract obligations or requirements. Project Procedures Manual VCM will provide a project procedures manual that will describe the process to be followed in controlling specific requirements outlined in the CMP. System procedures will be addressed for monitoring and controlling project costs, quality assurance, maintenance of the project schedule, method and procedures for payments, change orders, submittals, correspondence, reports, meetings, forms to be used, project acceptance and closeout procedures to name a few. Construction Administration Vanir will provide construction contract management administration as an agent of and representative of the city and will establish and implement coordination procedures between the city, the architect and contractor. Following is a listing of tasks to be performed: Construction Phase Pre -Construction Schedule Meeting Pre -Construction Meeting Review Contractor's SWPPP Page 2 of 4 01/22/2004 19:20 9093817534 VANIR CM AT SBDO PAGE 04 Mr. David McBride Attachment A - Exhibit A Temecula Community Theater January 22, 2004 Review Contractor's Traffic Control Plan Review Contractor's Safety Plan Review Listed Subcontractor Safety Plan Review Contractor's Submittal Schedule for Completeness Review Contractor's Project Schedule of Values Assist Contractor with Required Permits Assure Posting of Prevailing Wages Review Certified Payrolls for Rate Conformance Assist City in Obtaining Testing Lab(s) Update Project Master Schedule as Required Prepare Monthly Report Review Contractor's RFIs Review A/E Response to Contractor RFIs Review Submittals for Completeness Post As-Builts Conduct Weekly Progress Meeting Prepare/Distribute Weekly Progress Meeting Minutes Review Contractor's Payment Requests Review A/E Payment Requests Process Project -related Invoices Post Costs to Project Accounting System (CMP) Review Contractor's Change Order Requests Prepare Daily Log Coordinate Start-up Activities Coordinate Final Punchlist Coordinate Final Inspections with Agency Personnel Post -Construction Phase Obtain Required Close -Out Submittals Draft Notice of Completion Request Publication of Notice of Completion Process Contractor's Final Payment Request Prepare/Distribute Final Project Cost Report Code Compliance Inspections / Material & Soils Testine Services Vanir will also provide, by subcontract, building code compliance inspections, special deputy inspections called for in the plans and specifications as well as material and soils testing services for the community theater project. It should be noted that the costs of these services are highly dependent upon the contractors approved construction schedule. Since the approved construction schedule is not available for review we have based our fees for these services on an estimate of the construction schedule and our collective past experience with similar projects. Consequently, this part of our fee proposal maybe subject to revision upon receipt of the contractor's proposed schedule. Page 3 of 4 01/22/2004 19:20 9093817534 VANIR CM AT SBDO PAGE 05 Mr. David McBride Attachment A - Exhibit A Temecula Community Theater January 22, 2004 We look forward to working with you on this important City project. If you need any clarification of the tasks described above please do not hesitate to call. Fees for these tasks are delineated in Exhibit B of this proposal. David R. Anderson, AIA, CCM Project Director San Bernardino Area Office Cc: File Page 4 of 4 01/22/2004 19:20 9093817534 VAM Comstruction Management, Inc, ATTACHMENT A EXMBIT B L Fee & Payment Rate Schedule January 22, 2004 Mr. David McBride Senior Engineer — Capital Projects Department of Public Works City of Temecula 43200 Business Park Drive Temecula, CA 92590 Re: Phase One and Two Construction Management Services Old Town Community Theater Dear Mr. McBride, 290 North p Street Suite 900 San Bamardlno, CA 92d01 909 384.1785 909 351-7634 FAX Eased on our proposal for Phase 1 (Preconstruction Services) and Phase 2 Construction Management services (Construction Support), fully described in Exhibit "A", our cost proposal for the two phases would be as follows: Phase 1 (Preconstruction Services) Task 1 - Constructability Review Back Check $ 5,700 Task 2 - Final Cost Estimate $ 14,250 Task 3 - Project Validation $ 1,840 Task 4 - Master Schedule $ 3,040 Reimbursables (Fed -Ex, Blueprints, Photo's etc.) NTE Allowance: $ 150 Subtotal (Phase One): $ 24,980 Phase 2 (Construction Support) Task 5 - Construction Management Plan Task 6 - Project Procedures Manual Task 7 - Construction Administration Task 8 - Code Compliance Inspections, Material & Soils Testing Services Reimbursables (Fed -Ex, Blueprints, Photo's etc.) $ 3,680 $ 3,680 $ 271,280 $ 132,396 NTE Allowance: 7,000 Subtotal (Phase Two): Total Not -To -Exceed Fee (Phase One and Two): F_:� $ 443,016 Sacramento Los Angeles San Diego San Bemardino San Luis Obispo San Jose Sellevue San Francisoo 01/22/2004 19:20 9093817534 VANIR CM AT SBDO PAGE 07 Mr. David McBride Attachment A - Exhibit B Old Town Community Theater January 22, 2004 Fees will be invoiced monthly, based on time and material for each task noted above, plus any reimbursable expenses. We have read the City's Standard Consultant Services Agreement attached to "P No.116 and agree to the terms therein, If Extra Services are required, and approved by the City of Temecula, the following rates would apply: Classification Principal in Charge / Project Director Senior Project Manager Senior Construction Manager Project Manager Construction Manager Constructability Reviewer Estimator Scheduler Assistant Project Manager Assistant Construction Manager Field Engineer Field Coordinator Project Coordinator Clerical/Doe.Control Consultants Reimbursables (Fed -Ex, Blueprints, Photo's etc.) Rate / Hour $ 135 $ 120 $ 12()-115 (negotiated) $ 115 $ 115 $ 409 95 (negotiated) $ 4W 95 (negotiated) $ 400 95 (negotiated) $ 95 $ 95 $ 85 $ 80 $ 80 $ 50 Cost x 1.10 Cost x 1.10 Please call me if you have any questions or need clarifications. We look forward to working with you and other city staff on this exciting proj act! David R. Anderson, AIA, CCM Project Director San Bernardino Area Office Page 2 of 2 ITEM 12 APPRO' CITY ATTORNEY DIRECTOR OF Fir CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Meyer, Director of Redevelopment DATE: February 10, 2004 SUBJECT: Award of Construction Contract for the Old Town Temecula Community Theater, Project No. PW02-23 4 PREPARED BY: /Wyllkilliam Hughes, Director of Public Works/City Engineer Greg Butler, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: That the City Council: Award a construction contract for the Old Town Temecula Community Theater, Project No. PW02-23 to Tovey/Shultz Construction, Inc. in amount of $7,168,000 and authorize the Mayor to execute the contract. 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $716,800 which is equal to 10% of the contract amount. 3. Accelerate the appropriation of budgeted funds in FY 2004-2005 to FY 2003-2004 in the amount of $3,035,000.00. 4. Approve the transfer of $548,500 of Capital Project Reserves from the Old Town District Parking Lot to the Old Town Temecula Community Theater. 5. Approve an appropriation of $1,612,500 from General Fund Reserves to the Old Town Temecula Community Theater. BACKGROUND: The Old Town Temecula Community Theaterwill provide seating for over 300 people with an orchestra pit, scene shop, loading dock, storage, dressing rooms, offices, classrooms, and dance studio/rehearsal room. In addition, the project will refurbish the existing Mercantile Building, and construct site walkways and hardscape improvements, a concession and restroom structure, site landscaping, and a 22-space parking lot. On July 22, 2003, City Council approved the pre -qualification of nine (9) general contractors as eligible to submit bids for the project. On November 25, 2003, City Council approved the plans and specifications for the project and authorized the Public Works Department to solicit construction bids form the pre -qualified list of general contractors. The cost estimate for the project is $7,000,000. 20040210 PW02-23 AWD Five (5) bids were received from contractors that were pre -qualified and publicly opened on January 14, 2004 and the results are as follows: 1. Tovey/Shultz Construction, Inc...................................................................... $7,168.000.00 2. Taylor Frager................................................................................................$7,570,800.00 3. Edge Development, Inc..................................................................................$7,773.760.00 4. Solpac, Inc.................................................................................................$7,959,571.00 5. 2H Construction, Inc....................................................................................$8,080,000.00 On January 19, 2004, Edge Development, Inc., the third lowest bidder, protested the bid results and requested that the City declare Tovey/Shultz's and Taylor Frager's bids, as the first and second lowest bids, non -responsive for failing to submit signed addenda at the time of bid and for failing to provide all subcontractor information within 24 hours of the bid, respectively. Because of these issues Edge Development, Inc. requested that the bid be awarded to their firm for being the lowest responsible bidder. After review of the "non -responsive" claims by Staff and the City Attorney it was concluded and reported to Edge Development that the errors/omissions of the 1st and 2nd bidderare clerical in nature and have little impact on the responsiveness or relevance of their bids and therefore insufficient grounds to declare the bids non -responsive. On January 20, 2004, per their request, Edge Development was provided complete copies of bid packages for the top three bidders. A copy of the bid summary is available for review in the Office of the City Engineer. Staff has reviewed the bid proposals and found Tovey/Shultz Construction, Inc. of Lake Elsinore, California to be the lowest responsible bidder for this project. The specifications allow Two Hundred and Eighty (280) working days for completion of the project. Work is expected to begin in mid March of 2004 and be completed by the end of May 2005. As budgeted in the Capital Improvement Program (CIP), the funding for the Community Theater Project is appropriated over 2 fiscal years, FY2003-2004 and FY2004-2005. It is necessary at this time to accelerate to the FY2004-2005 appropriation to have adequate funds available to award the contract. To fully fund the project an additional $2,161,000 is needed to cover the cost of construction, provide for a 10% construction contingency, $716,800, as well as provide the necessary professional services to properly manage, inspect and perform material testing during construction. The primary reasons for the additional costs are an increase in construction costs and unforeseen costs associated with design, property acquisition, utility undergrounding and to provide the professional services to manage, inspect and perform material testing during construction. (CONTINUED NEXT PAGE) 20040210 PW02-23 AW D FISCAL IMPACT: The original appropriation for the Old Town Temecula Community Theater, Project No. PW02-23, is funded with Redevelopment Agency Bond Proceeds and Reimbursements in the form of donations. As described above, an additional $2,161,000 is needed to fully fund the project. Staff recommends that the additional funds be comprised of a transfer of $500,000 of Capital Project Reserves from the Old Town District Parking Lot and an appropriation of $1,661,000 in General Fund Reserves. Adequate funds are available in the Old Town District Parking Lot account, no. 280-199-825-5700, for this transfer. The remaining balance will be adequate for the acquisition of land to for an additional parking lot in the Old Town area. With the approval of the acceleration of the FY2004-2005 appropriation, the fund transfer from the Old Town parking Lot Project and the additional appropriation from the General Fund, sufficient funds will be available for the project. The requested, acceleration, transfer and appropriation will be distributed as follows: Account No. 210-190-167- FY 03104 Appropriation Requested FY 04I05 acceleration Requested General Fund Appropriation Requested Transfer from Old Town Pk Adjusted Appropriation 5610 FIFE $ 0 $ 80,000 $ 0 $ 80,000 5700 Land $ 0 $ 0 $ 125,000 $ 125,000 5801Admin $ 161,250 $ 161,250 $ 0 $ 322,500 5802 Design $ 42,500 $ 0 $ 95,000 $ 137,500 5804 Const. $ 3,581,250 $ 2,793,750 $ 1,057,500 1 $ 548,5001 $ 7,981,000 5805 Const. En $ 0 $ 0 $ 335,000 $ 335,000 Totals $ 3,785,000 $ 3,035,000 $ 1,612,500 $ 548,500 $ 8,981,000 ATTACHMENT: 1. Theater Project Location — From CIP Budget 2. Theater Project Description — From CIP Budget 3. Old Town Parking Lot Project Description - From CIP Budget 4. Contract 20040210 PW02-23 AWD a �' a 0 U ei Y F d L z PQ a b M 0 a o as Gy w v w O O G •`i N � a N a �y 0 a 0 o a °a F o O b M y w .. o � 0 P N a � n a � O N �Wy C U ON ? U O U.0 OD U �0 0 rxU r� u d ui •-� ID w aA Ain r� O O O O O 0 C) Eo d o�oo N O O O �+ U U M M 00 GS vs v% vj of � N w >" 00 r N 0 No p N N C+ O O O CD O n n CDp O O %O No c o N 64 A r 64 va of A N O O 00 C) w N r O O M O Vl N O l- O U N N M N vi v) 69 6A N O C wn N Vl N O in O O OO q � 00 7 N N A T N M M N wo 6s 6s O O a P m o a O d y C\ 00 O Q N N V. M y h O j v� sv of sv sNs 1% F--F C 04 et 0•F E 4 U A ii � I i ` � o cl kk �E 0 2 � ®\ ,� `o \rL 22 § \\ lu k / A]\\ \\\\ j66 CD CD _[/ $(\ )j n°t/ 42 \\0 _GA4 a 0 U u m w a z w N V m P 'o 5 ai Q a E+ g 0 0 -�-� N vi N O O O U m m W 69 69 69 6s 6'i � pw 0 0 N O b O O N .o O O O N OO O N r C m 7 %O D M o o N N M 69 64 69 fH o c cq o N Vj C \0 m V 00 � r O v� v9 613 vi o � ° A �00 N � w of vq 69 b r 69 69 69 N 0 O y U a ti 0 0 o 0 0 O A T U 0 z � O H ^J �w N N 0 Fn fx PS H a w � N a y n P°1F ¢UA ❑ N wH CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW02-23 OLD TOWN TEMECULA COMMUNITY THEATER THIS CONTRACT, made and entered into the 10`h day of February, 2004, 2004 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Tovey/Shultz Construction, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: 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. PW02- 23, OLD TOWN TEMECULA COMMUNITY THEATER, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW02-23, OLD TOWN TEMECULA COMMUNITY THEATER. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714)517-0970 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. PW02-23, OLD TOWN TEMECULA COMMUNITY THEATER. 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 Documents 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. cICIPIPmjects\PW02-23RDAIAgreementslTovey Shultz 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. 2. 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. PW02-23, OLD TOWN TEMECULA COMMUNITY THEATER 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. 3. 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. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: SEVEN MILLION ONE HUNDRED SIXTY EIGHT THOUSAND DOLLARS and NO CENTS ($7,168,000.00), the total amount of the base bid. 5. CONTRACTOR agrees to complete the work i n a period not to exceed Two Hundred Eighty (280) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 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 established by the City Council. PAYMENTS A. LUMP SUM BID SCHEDULE: to exceed the contingency as Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the after submission of a payment reque paid a sum equal to ninety percent according to the bid schedule. Payr about the thirtieth (30th) day of eact The final payment, if unencumbered, Public Contract Code, within thirty (30) days st to the CITY, the CONTRACTOR shall be (90%) of the value of the work completed lent request forms shall be submitted on or successive month as the work progresses. or any part thereof unencumbered, shall be r.ICIPIProjects\PW02-23RDAIAgreementslTovey Shultz Contract 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. C. 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. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9-3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 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. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. 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 available from the California Department of Industrial Relations's Internet Web Site at http://www.dir.ca.gov. 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 Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. r.1CIP1ProjectslPW02-23RDAIAgreementslTovey Shultz Contract 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. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. 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 damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. 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. 13. 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 its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its 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. 15. 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. 16. 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. 17. 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 r.ICIPIProjects\PW02-23RDA1AgreementslTovey Shultz Contract 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. 18. 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. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract of the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the contractor/consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. 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: Mailing Address: William G. Hughes Director of Public Works/City Engineer City of Temecula P.O. Box 9033 Temecula. CA 92589-9033 Street Address: William G. Hughes Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 r:ICIP1ProjectslPW02-23RDA1AgreementslTovey Shultz Contract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR Tovey/Shultz Construction, Inc. 18261 Collier Ave., Unit A Lake Elsinore, CA 92530 (909) 471-5677 Randy Shultz, President Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CITY OF TEMECULA Michael S. Naggar, Mayor 6 r.1CIP\Projects1PW02-23RDAIAgreements\Tovey Shultz Contract ITEM 13 CITYATTORNEY "-,T DIRECTOR OF FINAN E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 1OWilliam G. Hughes, Director of Public Works/City Engineer DATE: February 10, 2004 SUBJECT: Completion and Acceptance of the Pavement Rehabilitation Program 2002- 2003, Rancho California Road between Margarita Road and Meadows Parkway Project, Project No. PW02-13 PREPARED BY: Greg Butler, Principal Engineer Mayra De LaTorre, Associate Engineer RECOMMENDATION: That the City Council: Accept the construction of the Pavement Rehabilitation Program 2002-2003, Rancho California Road between Margarita Road and Meadows Parkway Project, Project No. PW02- 13, as complete and direct the City Clerk to: 2. File the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and; 3. Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On June 24, 2003, City Council awarded a construction contact for Project N o. P W02-13 P avement R ehabilitation P rogram 2002-2003, Rancho California Road, Margarita Road to Meadows Parkway, to R. J. Noble Company in the amount of $629,433.50. This project included rehabilitation of city streets (i.e., the westbound lanes of Rancho California from Margarita Road to Meadows Parkway) by reconstructing the roads, adjusting manholes, valves, etc., signage and striping to include replacement of associated pavement delineations, traffic control and installing traffic signal detection loops. The Pavement Management System Project for FY2002- 2003 is included in the City's Capital Improvement Program. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. Two (2) contract change orders were issued for a total of $3,690.28. Due to unexpected field conditions, certain final bid quantities were different than the original bid's quantities. The difference in quantities resulted with an overall contract amount decrease of $2,915.21. All work shall be warranted fora period of one (1) yearfrom the date of acceptance by the City. The final amount of the contract is $630,208.57. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. c\AGENDA REPGRTS/2004/021004/PW02-13 Rancho Ca Acceptance FISCAL IMPACT: The Pavement Rehabilitation Program is a Capital Improvement Project funded through Measure A, Capital Project Reserves and Assembly Bill 2928 funds. Adequate funds are available for the Pavement Rehabilitation — Rancho California Road, Margarita Road to Meadows Parkway, Project No. PWO2-13 in Account No. 210-165-655-5804. The total project cost is $630,208.57, which includes the final paid contract amount of $626,518.29 plus $3,690.28 for change orders. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit rAAGENDA REPORTSQ.004/021004/PW02-13 Rancho Ca Acceptance RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. Nature of Interest Vendee Under Contract. 2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to R.J. Noble Company, 15505 E. Lincoln Ave., Orange, California 92865 to perform the following work of improvement: PAVEMENT REHABILITATION PROGRAM 2002-03 RANCHO CALIFORNIA ROAD, MARGARITA ROAD TO MEADOWS PARKWAY PROJECT NO. PW02-13 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on February 10, 2004. That upon said contract the Travelers Casualty and Surety Company of American was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Pavement Rehabilitation Program FY2002-03 Rancho California Road, Margarita Road to Meadows Parkway Project No. PW02-13 6. The location of said property is: Rancho California Road, Margarita Road to Meadows Parkway, Temecula, California Dated at Temecula, California, this 10' day of February, 2004 City of Temecula Susan W. Jones CMC, City Clerk STATE OF CALIFORNIA I COUNTY OF RIVERSIDE I ss CITY OF TEMECULA I I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 10" day of February, 2004, City of Temecula Susan W. Jones CMC, City Clerk RACIP\PROJECTR\PW02\PW02-13 Rehab 02-03\COMPLETION NOTE.doc BOND NUMBER 83 SB 104078544 BCM PREMIUM INCLUDED IN PERFORMANCE BOND CITY OP TEMECULA, PUBLId WORKS DEPARTMENT MAWTENANOE BOND PROJECT NO: PW02-1S PAVEmoa aauwLfrATwm PROGRAM b002-09 RANCHO QAuFORmA ROAD, AfAw-ARrm ROAD TO AwAD0WS PARKWAY KNOW ALL PERSONS BY THESE PRESENT TR . E. LINCOLN AVE., ORANGE,. CA 92865 a CORPORATION hereinaffercalled Principal, and (aplhnftftaGbyoraft;Pw*m3t0orhffvk al) TRAVELERS CASUALTY AND SURETY COMPANY OF.AMERICA, 21688 GATEWAY CENTER DR. DIAMOND BAR, CA. 91765 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly 'hereinafter called. OWNER, in the penal sum of 63,020.85 . ) In lawful money of the United States, said Burn beirig not less than ten (10%) of the Contract value payable by the said City of Temecula under the temw of the Contraot, for the payment of which, we bind oui'seNes. successors. and assigns, jointly and severally, firmly by these pre3ente. THE CONDITION OF THIS OBLIGATION Is stich that whereas, the Principal entered into a certain Contract with the OWNER, dated the 24 th day of JUNE • , 2M, a copy Of which Is hereto attached and made a part hereof for the oonsbuction of PROJECT NO. PW02- 13, PAVEMENT REHABILJYATTON PROGRAM 2002-03 RANCHO CALIFORNIA, ROAD, MARGARITA ROAD TO MEADOWS PARKWAY. WHEAEM, said Contract provides that the Prino pal win Mmish a't kKW conditioned to guarantee for the period of gM (1) year after approval of tfie final estimate on said job, by the OWNER. &gat= all defeeft in wdirkmanship and materials Which may become apparent during said period; and WHEREAS, the said ODntracl has been compieted, and was the fmi estimate approved on 9003. NOW, THEAEFORS, THIE CONDRiON OF THIS bBLWAtiON IS SUCH, that if within one year frwti fhe date of approval of the final estimate on siild job pursuant to fhb Contract, the work done under the terms of said Contract shag disolose poor workawnship in the execution of said work, and the cargft out of the temps of said ConlraM for It shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise thla instrument shall be void. As' a part of the obllgaUort secured hereby and In Addition to the race amount speciW, Costs and reasonable expenses and fees shall be Included) Including reasonable attomeyrs two Incurred by the City of Temecula In Su00e88mly enforcing this obligation, all to be taxed as costa and Included In any juagment renderem The to the gem shot t Contract Y stiPon to gte wok to be pn of time, akembon, or addition tie performer! emou Eder, or to the spectflcafions aoocrnpanyhm the same. shad In any way affect Its obligations on this bond, am it does hereby walve notice of Any suchchange, extension ofItime , alteratlon, or addition to the tou ne of the Contract, or to the work, or to tho Speoificativns. Sign6d and Sealed this 14th -day of JANUARY, 2004 (6681) SUREW TRAVELERS CASUALTY AND SURETY PRWOPAL J. NOOBBLLEECOMPANY COMP E A gY•'s��i�G�yyE� SHAWN BLUME (1Vame) ATTORNEY -IN -FACT (Tft) APPROVED AS TO FORM - Peter M. Thorson, taty Attomay �N HILTON (Nam) SECRETARY (T ) MANTOLAMM MM me 1L�A`.�13R�M1tb 04W5 i rPARW13.dM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE I SS. On 1 1) 41 V before me, R. STANDLEY Da� Name and Title of Officer (a g.. "Jane Doe. Notary Puplic personally appeared SHAWN BLUME Namea) of Signefen f R. STANDLEY a.r CCIi'�M.91263272 9' NOTARY PUELIC • CALIFORNIA C RIVERSIDE COUNTY My Comm. Expires June 7, 200/ xd personally known to me l proved to me on the basis of satisfactory evidence to be the pel whose nameW is/we- subscribed to the within instrument and acknowledged to me that hell executed the same in his/herltheti authorized capacity(ial and that by his/heralheir signaturel the instrument the person(s9, or the entity upon behalf of which the persol acted, executed the instrument. WITNESS my hand and official seal. 24&i,4 Place Notary Seal Above Signature of Notary PvNlo OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 National Notary ASocialon•93W De Soto Ave..Po. Box 2402• ChounvovR CA91313-2402•,vww.nationalnotaryorg Prod. No. 5907 Reorder: Call Toll -Free 18008766827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA County of ORANGE No. 5907 On JANUARY 16. 2004 before me, JENNIFER DE IONGH, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., *JANE DOE, NOTARY PUBLIC' personally appeared MICHAEL J. CARVER, PRESIDENT, R.J. NOBLE COMPANY STAN HILTON, CRETARY, R "AME(N&I(rE bMPANY ENpersonally known to me - of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that kefshe/they executed the same in *isj` a /their authorized JENNIFER DE IONGH capacity(ies), and that by h*sfher/their NOTARYPUSUC-CAIJFORNIA N COMMISSION CALIF 37 signature(s) on the instrument the person(s), ORANGECOUNTY 4 My Comm.EV.October28,2007 or the entity upon behalf of which the person(s) acted, executed the instrument. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITV(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Palk, CA 91309-7184 Travelers One Tower Square Hartford, CT 06183 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically,, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism -related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong, Shawn Blume, Susan C. Monteon, Rosemary Standley, of Riverside, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED. That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) 01/14/2004 DYED 8:50 FAX 909 693 3929 City of Temecula 9004/004 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE . PROJECI"No. Pw02-1'3 PAVEMENT REHADILITA77ON PROGRAM 200-03 RANCHO CALIFOR&A ROAD, MARGARITA ROAD TO MEADOWS PARKWAY This is to certify that RJ noble company hereinafter the "CONTRACTOR" declares to the City of To.macula, under oath, that helsheld has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR'S agents, employees or subcontractors used or in contribution to the execution of ft's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW02-13, PAVEMENT RI:HABILfrATION PROGRAM 2002-03 RANCHO CALIFORNIA ROAD, MARGARITA ROAD TO MEADOWS PARKWAY, situated in the City of Temecula, State of California, more particularly described as follows: INSERT ADDRESS OR DESCRIBE LOCA71ON OF WORK The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which wbuld constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute WeTer- Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. CONTRACT Dated: January 14, 20,04 By: Signa Stan Hilton, Secretary Print Name and Title RELOSE R•1 ROPWROJECTSIPYY"W02-13 REhab 02-03TS i UW02.13M ITEM 14 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: !y�i�/ William G. Hughes, Director of Public Works/City Engineer DATE: / V` February 10, 2004 SUBJECT: Professional Services Agreement for Design of the City Maintenance Facility Expansion, Project No. PW03-06 Programming & Planning phase and Parking Lot Design PREPARED BY: Greg Butler, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve an agreement with Richard Brady and Associates in an amount not to exceed $81,975.00 to provide design services for the City Maintenance Facility Expansion, Project No. PW03-06, and authorize the Mayor to execute the agreement. 2. Authorize the City Manager to approve Amendments not to exceed the contingency amount of $8,197.50, which is equal to 10% of the agreement amount. BACKGROUND: The City Maintenance Facility Expansion is a Capital Improvement Project included in the City's 5-year Capital Improvement Program Budget. In May of 2003 the City successfully acquired the right to purchase the vacant 3+ acre parcel immediately to the south of the current City Hall/Maintenance Facility. Because the property was acquired in a property tax auction, by law, the owner of record must be provided 12-months to clear all liens on the property and retain ownership. The owner of record is a disbanded LLC; therefore the chance of them coming forward with the necessary funds to pay all the back taxes and bank liens is very low. The City is therefore preparing to move forward with development plans for the site. Present and projected growth of the City has required that both the Public Works and Community Services Maintenance Divisions grow to continue provide an adequate level of service to the Citizens of Temecula. This growth has brought in additional staff and equipment that can no longer be efficiently accommodated within the confines of the present maintenance facility. Therefore, rather than try to provide temporary relief by reconfiguring the present maintenance facility, it was determined that planning, designing and constructing what will be the City's ultimate Maintenance Facility on the newly acquired site would be the best solution to the overcrowding. Because this facility will serve as the permanent home for the City's maintenance divisions, the project includes a planning and programming phase to aid in identifying the needs of the end users as well as insure the final design will provide the most efficient use of the space available. Completing the programming and planning phase prior to moving forward with final design of the facility will also allow the City to evaluate the costs of the various design alternatives, and update the project budget as needed. RAAGENOA REPORTS\2004\021004\RichardBradyAg ree. DOC On October 13, 2003 the City publicly advertised Request for Qualifications (RFQ No. 4), to provide professional architectural design services as outlined in the RFQ. City staff received 15 proposals from the following firms. Richard Brady & Associates San Diego Salerno/Livingston Architects San Diego Gillis & Associates Architects, Inc Costa Mesa Wilson & Company San Bernardino Conwell Shonkwiler & Associates San Diego Sillman Wright Architects San Diego STK Architects San Jacinto Melzer Deckert & Ruder Architects, Inc Irvine Gannett Fleming Inc. Los Angeles Edward J. Cass & Associates San Diego HB&A Architects Inc. Escondido W CA Architects Upland La Canada Design Group Pasadena Martinez Architects, Inc. Playa del Rey Architects Larson Carpenter San Diego The firms were ranked, and the top four (4) firms, as shown, were invited for interviews. Staff has determined that Richard Brady and Associates (RBA) was the most qualified consultant based on their submitted proposal, their presentation and interview. Staff has contacted RBA's references and each confirmed that RBA has completed similar projects for other Cities with commendable results. Staff has negotiated a scope of work and an equitable fee with RBA for the professional design services for the programming and planning phase of the ultimate facility. Also included in this phase of the project is the design of the parking lot for the new facility which will be utilized as overflow parking for City Hall. Once the programming and planning phase is complete, Staff will review the proposed alternatives and select the best configuration for the site. At that time, final budgets will be determined and an amendment to R BA's contract w ill b e b rought f orward to complete the design and prepare construction documents for the facility. FISCAL IMPACT: The Maintenance Facility Expansion is a Capital Improvement Project and the design funded with Corporate Facilities DIF and Capital Project Reserves. Adequate funds are available in Account No. 210-165-742-5802 to cover the agreement amount of $81,975 and the 10% contingency amount of $8,197.50 for a total amount of $89,974.50. ATTACHMENTS: 1. Project Location —from CIP Budget Document 2. Project Description — from CIP Budget Document 3. Professional Services Agreement with Richard Brady and Associates AAAGENDA REPORTS\2004\021004\RichardBradyAgree. DOC z 0 w w z d V N O in a z� F O a O pU A z O z W a U w U z Si n 3 lO O O 0 0 M O C. o 0 0 0 0 O CD O O O Cl O O a 0 0 0 0 0 0 0 F C o c C o C y d N (5 O O 00 O O i7 N �O r- Cl U U m V) Vs v9 v: 609 V� 619. O O n O O N n O b O CD N CD CD O O O 0 CD O O O O O O Vi N N Vi Vi O V) Vi O O C O pO O C O O 00 �o 0 V) Vi Vj V) v o 0 0 0 O O O O O M^ p N O 00 N •--� oo a NO sv fn vi V3 Cl O C Vi op ti P. W U � o" Go ° o off$ bs 64I V3II N N w 0 O N .2 AGREEMENT PROFESSIONAL DESIGN CONSULTANT SERVICES MAINTENANCE FACILITIES EXPANSION PROJECT NUMBER PW03-06 THIS AGREEMENT is made and effective as of February 10, 2004, between the City of Temecula, a municipal corporation ("City") and Richard Brady & Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on February 10, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2004, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform preparation of the project's initial "Programming Phase" and Design of the Overflow Parking Lot, and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. 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 Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for anywork done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Eighty One Thousand Nine Hundred Seventy Five Dollars and No Cents ($81,975.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. R:\cip\projects\PW03-06\Richard Brady Agreement b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. R:\cip\projects\PW03-06\R1chard Brady Agreement 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, togetherwith supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. R1cip\projects\PW03-06\R1chard Brady Agreement (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) peraccidentfor bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. R:\cip\projects\PW03-06\Richard Brady Agreement (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either parry, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant s hall f urnish t he C ity w ith o riginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. RAcip\projects\PW03-06\Richard Brady Agreement 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Citys prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, I etters of s upport, testimony a t d epositions, response t o i nterrogatories o r other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Richard Brady & Associates 4909 Murphy Canyon Road, Suite 220 San Diego, California 92123 Attention: Nick Kanetis, Vice President 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any partthereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. R:\dp\projects\PW03-06\Richard Brady Agreement 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses forthe relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each partys own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. R1cip\projects\PW03-06\Richard Brady Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor Attest: Susan W. Jones, CIVIC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Richard Brady & Associates 4909 Murphy Canyon Rd., Suite 220 San Diego, CA 92123 (858) 496-0500 Richard Brady, President Sandra Brady, CFO (Two Signatures of Corporate Officers Required For Corporations) R:\cip\projects\PW03-06\Richard Brady Agreement EXHIBIT A TASKS TO BE PERFORMED Preparation of the project's initial "Programming Phase" and the Design of the Overflow Parking Lot. R:\dp\projects\PW03-06\Richard Brady Agreement EXHIBIT "A" SCOPE OF SERVICES City of Temecula's Maintenance Facility and Corporate Yard (Facility Programming Phase and Overflow Parking Lot Design) Richard Brady & Associates January 12, 2004 Proposed Professional Design Consultants: Project Management, Civil & Structural Engineering - Richard Brady & Associates, Inc. Architecture - Platt/Whitelaw Architects, Inc. Survey - Nolte Associates, Inc. Geotechnical Engineering - Kleinfelder & Associates, Inc. Cost Estimating - O'Connor, Inc. Project Description: The City of Temecula Maintenance Facility and Corporate Yard project consists of planning and designing an approximate 12,800 square foot maintenance administration facility (building) and secured corporate yard (shaded heavy equipment, vehicle storage and material storage bays, etc.) to be constructed on an approximate 3.25-acre lot adjacent to the existing City Hall, located in the Rancho California Business Park. Design services shall include preparing all necessary reports, all necessary preliminary engineering and site development plans, coordinating and/or designing the facility's utility services and emergency generator, and all necessary civil engineering, structural engineering and architectural design to provide a complete set of construction plans & specifications. The project will entail coordinating with the City's space planning group and effected departments to ensure the most advantageous space utilization. It is anticipated that the project will be phased into two phases. The first phase will provide for a parking lot that will serve the new building and provide overflow parking for the existing City Hall building. The second phase of the project will provide for the build -out and completion of the Maintenance Facility and Corporate Yard improvements. Scope of Services: This scope of services is only for the project's initial "Programming" phase and the design of the overflow parking lot, consistent with the level of effort detailed in the attached fee proposal. The design of the new City Maintenance Facility and Corporate Yard will follow under a future design contract 1. Project Administration Services a. The Consultant shall manage the Consultant's services and administer the Project. The Consultant shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and issue progress reports. The Consultant shall coordinate the services provided by the Consultant and the Consultant's subconsultants with those services provided by the Owner and the Owner's consultants. b. The Consultant shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required by the Owner, design services furnished by the Consultant, completion of documentation provided by the Consultant, commencement of construction, and Substantial Completion of the Work. 2. Evaluation of Budget and Costs of the Work a. The Consult shall prepare a preliminary estimate of the Cost of the Work. This estimate shall be based upon the Facility Programming phase and work described in this Scope of Services and shall be used for confirmation or adjustment in the Owner's Project budget. b. Evaluations of the Owner's budget for the Project and the preliminary estimate of the Cost of the Work prepared by the Consultant represent the Consultant's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Consultant. c. hi preparing estimates of the Cost of the Work, the Consultant shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. d. If bidding or negotiation has not commenced within 90 days after the Consultant submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. 2 3. Supporting Services a. The Owner shall furnish a written legal description of the site. b. The Consultant shall furnish a survey that describes the topography, physical characteristics, legal limitations and utility locations for the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. c. The Consultant shall furnish services of geotechnical engineers to conduct a geotechnical investigation of the site and prepare a report with recommendations for design and construction of the Project. The geotechnical services will be conducted in two phases: 1. The first phase shall consist of a detailed literature review of documents available for the site and adjacent parcels. A research of those documents on file with the City of Temecula and the County of Riverside will be conducted in an effort to construct a timeline of work previously performed. The outcome of this literature review may determine that the site has been previously studied by a reputable source and that any seismic faults that may exist on the site have been properly identified, located and documented in order to establish suitable building set -backs. In the event that the literature review is not conclusive in identifying and establishing the existence and specific location of seismic faults due to a lack of past fault investigations, the Consultant may recommend to the Owner that a site specific fault investigation be performed. The site -specific fault investigation would consist of excavating deep trenches generally perpendicular to the anticipated fault at two locations, preferably near the northern- and southern -most site boundaries. The trenches should extend through the existing fill soils and into the underlying native soils. If required, this site -specific fault investigation is not included in the scope of services and will be performed as an additional service. 2. The second phase of the geotechnical investigation will consist of field exploration, laboratory testing and analysis, and preparation of a final report. It is anticipated that the report will include a description of the proposed project, a description of the surface and subsurface site conditions encountered during the field exploration, a description of the site geologic setting and possible associated geology -related hazards, a discussion of regional geology and site seismicity, current and historic groundwater conditions, a description of local and regional active faults, and recommendations for site preparation and 3 engineered fill placement; imported fill; expansive soils; and foundation, slab -on -grade and pavement design. 4. Programming Services a. The Consultant shall attend and participate in a kickoff meeting with the Owner, space planning and user representatives. b. The Consultant shall review existing site conditions and facilities and prepare certain documents in the development of a Site Analysis and Facility Program. Services shall included but not be limited to: 1. Topographical survey of the site. 2. Site -specific geotechnical and seismic investigation. 3. Verification of existing staff accommodations based on accurate "as - built" plans provided by the Owner. c. The Consultant will develop staffing projections for the Project in consultation with the Owner's space planning and user representatives to identify staffing projections for each department and analyze existing facilities for maximum accommodations. The Owner will conduct its own internal process for staff and facility data gathering and provide this information to the Consultant to minimize the Consultant's level of effort for this phase of work consistent with the attached fee proposal. d. The Consultant will prepare a Building Needs Assessment in consultation with the Owner's space planning and user representatives to identify adjacency requirements, space requirements, and technical/functional requirements. These programmatic requirements will be documented in a Needs Assessment report. c. The Consultant shall prepare a screening analysis to establish project design criteria and identify master code and regulatory constraints, and prepare a Site Analysis examining such factors as climate, utilities, pedestrian and vehicular circulation, drainage and topography. The screening and site analyses will be incorporated into the Needs Assessment report. f. The Consultant shall prepare conceptual site and floor plans based on the Needs Assessment report. The conceptual site and floor plans will be used to: 1. Coordinate with the space planning and user groups to review site and space planning options. 2. Develop preliminary floor plan layouts. 3. Develop preliminary site plan layouts. 4. Meet with the Owner's staff to present and discuss options. g. With input, feedback and direction from the Owner's space planning and user group representatives, and staff the Consultant shall prepare preferred alternative site and facility layouts. The preferred alternative layouts will be incorporated into the needs assessment report and be presented to the Owner for discussion and conclusion of a recommended site and facility layout. n 5. Design Services Design service shall only include the design of the overflow parking lot. Design of the new City Maintenance Facility and Corporate Yard will follow under a future design contract. As such, the design services for the project shall include the preparations of plans, specifications and cost estimates for the overflow parking lot to be developed and submitted to the Owner at 30%, 60%, 90% levels of completion for review and plan check. Five sets of drawings for review will be submitted at stage of project development. All review and plan check comments will be addressed and incorporated, as necessary, into the subsequent project design document set. Final construction plans and technical specifications for formal public bid will be prepared based on the approved design drawings and one set of reproducible final drawings will be provided to the Owner on wet -signed mylars for Owner's reproduction. Owner shall be responsible for the preparation of final construction documents including the preparation and packaging of all required City standard specifications and contract requirements. Consultant shall provide Owner with one copy of electronic files of all plans in AutoCAD2000 format and technical specifications in MSWORD. 6. Construction Procurement Services (NIC) 7. Contract Administration Services (NIC) 8. Project Close -Out (NIC) 9. Additional Services Design and Contract Administration Services that are not included in the scope of services that however, may be provided by the Consultant as a Change in Services include, but may not be limited to: a. Site specific seismic fault investigation including deep trench excavation. b. Fine arts and crafts services. c. Inventory of existing furniture, fixtures, and equipment. d. Selection and specification of furniture, fixtures, and equipment to be provided by Owner. e. Project promotion and public relations services including preparation of special brochures, promotional materials, and presentations at public meetings. f. Production of study models, prospective drawings, electronic modeling, or combinations of these media. g. Specialty sub -consulting disciplines such as audio-visual, security, maintenance consultant, laboratory specialist, and acoustical engineering specialist. h. Review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Consultant. Also multiple reviews (beyond two) of each required contract submittal. i. Responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the 5 Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation. j. Evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work. k. Evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom. 1. Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner. m. Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. n. LEED certification and associated building commissioning. n n a End of Scope of Services n n a EXHIBIT B PAYMENT RATES AND SCHEDULE 10 R:\cip\projects\PW03-06\Richard Brady Agreement V m O NL N S•a k k,' a A 01 N N Nay+', , L Oi llV'G'i i NJ CIF i p N„rFrJ ,�'iY p It Pew, ZR— S m> r ° I-Im r% Ilk m y bpi Til- PL- Y» ie e m O O N co N o co (6N�� .93 p m o° LL p i9 p N m3 tY�r R: N Ye 01 y O V n� f.. SNyY, yam.•; *�,, W Q lu y Mii. y�a'�Fg�N`i�,,' .M '..TiYfL'r' '�S.+rR red O O O C LLSs` sOs�� Is h V {L K Ocj e N y FE Q ' Q a e NN, s sµw z Y�. G m MIX"m xx fey; O N N.0 N ',w'' q 4 o Y0 LL i' n m @ Cp c tia Zr} 2 ' s. fit'" sj tme r 6 6 x 3 _ V i Y •° jy3f e o c o 2 m; m c w C V u S 11 m G U ;,s Q, r G f c c ii a u I. t Z t c c m c FA D o' S M P O C m 0 O C Y m0 Y Q' N C7 MEN N C LL- 1 �2 .' n f RN L7 Q » r0 A O) O1 O i F µ Z TA ITEM 15 APPROVAL ,_ CITY ATTORNEY A%�0� CITY MANAGER 91, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: February 10, 2004 SUBJECT: General Fund Advance for Fire Truck RECOMMENDATION: That the City Council approve an advance of $724,804 from the General Fund for the purchase of the 100' Tractor Drawn Aerial Fire Truck. BACKGROUND: On December 17, 2002 the City Council approved the purchase of a 100' Tractor Drawn Aerial Fire Truck from KME in the amount of $724,804. It was anticipated that the fire truck would be delivered 12 months from the order date. The truck was delivered to the City on January 13, 2004 with payment expected to the vendor within 30 days. At the time the purchase was authorized, it was anticipated that the Developer of Roripaugh Ranch would fund the purchase through a Community Facilities District (CFD.) Per the Development Agreement for Roripaugh Ranch, the developer is required to provide funding for the fire truck. However, since the CFD has not yet been formed, an advance of $724,804 is necessary until such time as the CFD is funded. Again, if the CFD is not finalized, the Developer, Ashby USA, LLC, is obligated to provide the funds for the fire truck per the Development Agreement. FISCAL IMPACT: An advance from the General Fund is necessary to pay for the fire truck purchase until such time as the CFD is finalized or the developer reimburses the City as per the Roripaugh Ranch Development Agreement. ATTACHMENT: Staff Report for Purchase of Fire Truck December 17, 2002 APPROVAL II CFINANCE ITY MANAGER CITY R�I CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Howard Windsor, Fire ChiefW DATE: December 17, 2002 SUBJECT: Purchase of one (1) Fire Aerial Ladder Truck Prepared by. Howard Windsor, Fire Chief RECOMMENDATION: That the City Council: 1. Approve the purchase of a 100' Tractor Drawn Aerial Fire Truck from the currently approved vendor KME, established by the County of Riverside through a Competitive Bid Process for $724,804.08. DISCUSSION: Since the City of Temecula's incorporation, the Department of Forestry and Fire Protection and Riverside County Fire Department, through a Cooperative Fire Protection Agreement have provided the City's Fire Protectlon/EMS Services. Part of the integrated services provided through the indirect service costs are replacement of certain fire protection equipment. The current aerial truck located at Station 73 has been identified for replacement. This unit was placed in service in 1991. The service life fora heavy truck as recognized in NFPA 1901 is 13 to 15 years, with 10 years being as a front line unit, and the last 3 to 5 years as a secondary roll or reserve unit. The County of Riverside absorbed the cost of the current unit, and has continued to maintain the unit to date. The personnel cost for staffing the unit are shared between the City and the County 50/50. Since this truck primarily serves the risks and service needs of the City, the replacement of this unit is the responsibility of the City Of Temecula. During 2001, County Fire department staff requested the County of Riverside Purchasing Staff administer the request for proposal for the proposed 100' Tractor Drawn Aerials. To secure the best possible price an Invitation to Bid was Initiated by Riverside County Fire Department through Riverside County GSA Purchasing. The final three vendors were KME, American La France, and Emergency One. The Bids were evaluated by County Purchasing staff for adherence to specifications and all requirements of the RFQ. Riverside County GSA Purchasing determined that KME Fire Apparatus met the bid standards of Riverside County Fire Department and recommended award of the bid to KME Fire Apparatus. During the first part of 2002, KME was awarded the bid. The City of Moreno Valley and the Cove Communities immediately went to purchase and expects delivery sometime in the spring of 2003. KME has agreed to extend the bid to the City of Temecula with a small increase for emission standards that have been placed on the diesel engine contained within the tractor. The cost of the unit is $724,804.08. The use of the old truck has not been determined but it is anticipated that the truck will be utilized as a pool vehicle in a back-up roll to first line vehicles or sold In the secondary market and the capital used to purchase a new County truck. FISCAL IMPACT: All cost for this unit will be paid by the Roripaugh developer through monies agreed upon within the Development Agreement. Attached: City Purchase Agreement With KME Fire Apparatus ITEM 16 APPROVAL CITY ATTORNEY DIRECTOR OF FII CITY MANAGER, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Service6 DATE: February 10, 2004 SUBJECT: Acceptance of Grant Deed — Serena Hills Park PREPARED BY: Cathy McCarthy, Development Services Administrator �✓ RECOMMENDATION: That the City Council: 1) Approve Amendment No. 2 to Subdivision Improvement Agreement for Tract 23209 2) Authorize acceptance of the Grant Deed for Serena Hills Park, located in the Shea Homes development at La Serena and Walcott Lane and direct staff to proceed with the necessary actions to cause the deed to be recorded. BACKGROUND: Serena Hills is a 220 unit residential development west of Butterfield Stage Road. The developer was conditioned to construct a 3.15 acre park site, which is located on La Serena Road and Walcott Lane. This passive park includes age -appropriate tot lots, picnic shelter, parking lot, benches, tables, walkways and open turf area. All improvements have been completed to the satisfaction of the Community Services Director and a policy of title insurance will be provided by the developer to accompany the transfer of title to the City. A dispute between a neighboring residential property owner and the developer that impacts the boundaries of the park site has not been resolved to date. This dispute could potentially take several months to resolve and only impacts a very small corner of the park site. The remainder of the 3.15 acre park site is completed and has successfully completed its maintenance period. The residents in the community surrounding the park site are very anxious to begin utilizing their new neighborhood park. As a result, the TCSD is proposing to accept the park site by metes and bounds excluding the area in dispute. This will allow the developer and the neighboring property owner to settle their issue over the next several months. This issue is addressed in the attached Amendment No. 2. In addition, the Developer had agreed to widen the south side of La Serena Way as it approaches Tract 23209. The negotiations for right of way with the property owner have delayed this work, however, an agreement has been made with the owner and the improvements have been guaranteed with an improvement bond. Staff feels that adequate progress has been made and the developer has made additional concessions including additional landscape improvements, an endowment for the landscape maintenance and R.\McCaMCWgenda Repws\Serena Hills- Gant Dee Am appropriate cash deposits to insure the completion of this work. The remaining building permits will be released in accordance with Amendment No. 2. FISCAL IMPACT: Cost for maintaining Serena Hills Park for the remaining portion of this fiscal year has been estimated at $6500. This cost was budged within the City's Park/Street Lighting Tax for Fiscal Year 2003-2004. ATTACHMENTS: 1) Amendment No. 2 to Subdivision Improvement Agreement for Tract 23209 2) Grant Deed 3) Vicinity Map R:W&GarihC%Agenda ReportsiSerem Hills - Gant Deed.dm RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 Attn: City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) AMENDMENT NO.2 TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23209 (SHEA HOMES LIMITED This Amendment No. 2 is made and entered into as of January 27, 2004, by and between the CITY OF TEMECULA, a municipal corporation ("City") and SHEA HOMES LIMTED PARTNERSHIP, a California Limited Partnership ("Subdivider"), with respect to the following facts: Recitals A. Subdivider owns certain real property located in the City of Temecula, County of Riverside, State of California (the "Property") generally known as a portion of Tract No. 23209. The Property is more specifically described on Exhibit A, Legal Description of Property, attached hereto as Exhibit A and incorporated herein as though set forth in full. B. The City and Subdivider entered into that certain "City of Temecula Subdivision Improvement Agreement," dated as of August 14, 2001, which agreement was recorded on June 26, 2002 as Document No. 2002-357385 of the Official Records of the County of Riverside. C. On April 22, 2003 the City and Subdivider entered into that certain unrecorded "Amendment No. 1 to City of Temecula Subdivision Improvement Agreement with Shea Homes Limited Partnership Tract No. 23209 Offsite Public Improvements," a true, correct and complete copy of said agreement is attached as Exhibit B to this Agreement ("Amendment No. 1 "). The June 26, 2002 original agreement, as amended by the April 22, 2003 Amendment No. 1 and this Amendment No. 2 shall be known collectively as the "Subdivision Agreement." D. Amendment No. 1 provides that the City shall issue to the Subdivider the 758458.4 January 27,2004 final one hundred (100) building permits for Tract 23209 upon fulfillment of all applicable conditions precedent to the issuance of a building permit and in accordance with the following schedule: (i) fifty (50) building permits upon the approval of Amendment No. 1 by the Subdivider and the City Council; (ii) twenty-five (25) permits when substantial progress has been made with the construction of La Serena Way and Butterfield Stage Road, as determined by the City Manager: and (iii) the remaining twenty-five (25) permits when the work on La Serena Way and Butterfield Stage Road has been completed and accepted by the City. As of the date of this Agreement the 75 building permits described in subparagraphs (i) and (ii) have been issued and the remaining 25 building permits described in subparagraph (iii) have not been issued. E. The City and Subdivider have also entered into that certain "City of Temecula Parkland /Landscape Improvement Agreement," dated as of June 2002, a true, correct and complete copy of said agreement is attached hereto as Exhibit C and incorporated herein as though set forth in full. F. The Parkland Agreement provides for the construction of a park on Lot 221 of Tract Map No. 23209 as required by Conditions 31 and 110 of Tentative Tract No. 23209 ("Proposed Park"). G. A dispute exists between the Subdivider and the owner of land adjacent to the Proposed Park. The dispute involves the encroachment of certain park and street improvements onto land owned by Dale and Jane Aldridge, the owner of property adjacent to the Proposed Park ("Aldridge Property"), during construction of the park and street improvements by Subdivider. The land which is the subject of the dispute is described and depicted on Exhibit D, attached hereto and incorporated herein by this reference as though set forth in full ("Disputed Lands"). H. The parties now desire to enter into this Amendment No. 2 in order to (i) modify the terms under which the remaining 25 building permits will be issued, (ii) address certain modifications to the construction of the public road improvements, (iii) modify the terms under which the City will accept title to a portion of the Proposed Park, and (iv) provide Subdivider with an opportunity to resolve the ownership of the Disputed Lands. I. Subdivider has submitted to the City a performance bond and a labor and materials bond from an admitted California surety in the penal sum of one hundred forty eight thousand five hundred dollars ($148,500.00) to secure construction of the widening of La Serena Way in accordance with plans and specifications approved by the Director of Public Works in accordance with the Subdivision Agreement. J. Subdivider has paid to the City twenty-five thousand dollar ($25,000.00) for the continued maintenance of the "Widley Slope" by the City or Temecula Community Services District ("TCSD"). NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises contained herein, the parties hereto covenant, promise and agree for the benefit of the City as follows: 1. Recitals. The above recitals, and each of them, are true and correct and 758458.4 January 27, 2004 are hereby incorporated by reference herein and made a part hereof. 2. Subdivider's Obligations. In consideration of the issuance of the first 25 building permits for Tract 23209, the Subdivider shall deliver to the City the following documents in a form approved by the Director of Public Works and within the times specified herein: (i) The improvement plans for the widening of La Serena Way have been approved and fully executed by Subdivider on or before September 1, 2004; (ii) an irrevocable offer of dedication for the La Serena Way right of way executed by the affected owner ("Wildey") on or before September 1, 2004; (iii) Permission to grade letter from Wildey on or before September 1, 2004; (iv) a slope maintenance easement for TCSD fully executed by Widley and delivered to the City on or before September 1, 2004; and (v) a performance bond in an amount and form approved by TCSD for the landscape improvements on La Serena Way and the Widley Slope has been delivered to the City. Subdivider has posted a seventy-five thousand dollar ($75,000.00) cash security with the City to secure Subdivider's obligations under this Paragraph. Upon receipt of these documents, within the time required, the City shall return the $75,000 security without interest. In the event the documents are not delivered to the City within the times required by this Amendment, City may at its discretion retain the security for the purpose of completing the required documents and Subdivider shall continue to be obligated to complete the improvements as required by the Subdivision Improvement Agreement. 3. Release of Remaining Twenty -Five Building Permits. The last set of twenty-five building permits shall be issued upon completion of the following by the Subdivider to the satisfaction of the Director of Public Works and the Director of Community Services: a. Subdivider shall complete the construction and installation of curb, gutter, sidewalk and paving of the two lane Butterfield Stage Road extension from Chemin Clenet to La Serena in accordance with City standards and the Subdivision Agreement; b. Subdivider shall have conveyed the Partial Park Site to the City pursuant to the requirements of the Paragraph 5 of this Amendment No. 2; C. Except for the completion of the Butterfield Stage Road extension from Chemin Clenet to La Serena as described in subparagraph b., Subdivider shall not be required to complete the La Serena Way improvements described in the Subdivision Improvement Agreement in order to received the last set of twenty-five building permits, but shall remain obligated to complete the improvements in accordance with the Subdivision Improvement Agreement. 4. Installation of Landscaping on Wildev Slope. a. Subdivider shall design, process and install the landscaping for: (i) the Wildey Slope areas located between the top of slope and the top of the retaining wall located at the toe of the slope; and (ii) the parkway areas adjacent to the Wildey Slope. The Wildey Slope is further described and depicted on Exhibit E, attached hereto and incorporated herein as though set forth in full. The landscaping shall be in accordance with TCSD standards and shall be approved by TCSD. 75 845 8.4 January 27,2004 b. Subdivider shall proceed with the design and approval of the landscaping during the grading of the La Serena Way slope and construction of La Serena Road, provided, however, that the landscaping plans shall be submitted to the City no later than July 1, 2004. C. Subdivider shall proceed with the installation and construction of the landscape improvements no later than one (1) year following the approval of the landscaping plans by the City. Subdivider shall not proceed with the work until such time as the work has been completed on the Wildey site such that it will not interfere with construction and installation of the landscaping. The Director of Public Works may extend the date for commencement of the landscaping work depending on the progress of work on the Wildey site. d. Following completion of the 90-day maintenance period for the landscaping, City or TCSD, at the discretion of the City, shall assume the maintenance of the landscaping in accordance with the slope easement. 5. Acceptance of the Partial Park Site by the City. a. The Partial Park Site is defined as the park site planned for Lot 221 of Tract 23209, except for the Disputed Lands described and depicted on Exhibit D ("Partial Park Site"). b. Subdivider shall at its own cost and expense prepare a metes and bounds legal description of the Partial Park Site. C. Subdivider shall convey the Partial Park Site to the City upon fulfillment of all of the conditions precedent set forth in the Parkland Agreement to the satisfaction of the Director of Community Services of the City. d. Upon conveyance of the Partial Park Site to the City and the fulfillment of other conditions of the Subdivision Agreement, if any, including items in Paragraph 3.a., the City shall release the remaining 25 building permits for Tract 23209 pursuant to the Subdivision Agreement as amended. 6. Resolution of Dispute with Property Owner Adjacent to Park Site. a. Subdivider shall have twelve (12) months from the date of this First Amendment to resolve the dispute with Aldridge over the Disputed Lands, as described in Recital G. City shall cooperate with subdivider in such resolution, if such resolution involves a boundary adjustment. b. In the event Subdivider and Aldridge are unable to resolve the dispute within this time period, Subdivider shall request the City to undertake the actions authorized by Government Code Section 66462.5 to resolve the dispute and acquire the property necessary for the Park Site, at the sole cost and expense of the Subdivider. City and Subdivider shall enter into the agreement required by Government Code Section 66462.5. 75 845 8.4 January 27, 2004 C. City shall hold the current park improvement bond held by the TCSD and any park DIF reimbursement owed to the Developer, without interest, to secure resolution of the Disputed Lands. 7. Completion of Improvements. Except as specifically provided in this Amendment No. 2, all improvements described in the Subdivision Agreement shall be completed on or before June 1, 2005. 8. Recordation of Agreement. This Agreement shall be recorded in the office of the County Recorder for the County of Riverside. 9. Covenant Runs With Land. The covenants set forth in this Agreement shall be covenants running with the land and shall be binding upon the Property and any future Subdividers of the Property or successors in interest of Subdivider, and shall run to the benefit of the City, until this Agreement is released or modified by the City. This Agreement and the covenants contained herein shall run with the land and shall be a burden upon the Property and shall be for the benefit of all real property owned or controlled by the City which is located in the City of Temecula, County of Riverside, State of California. This instrument is intended to be a covenant running with the land and such intention shall be liberally construed in favor of the City. Subdivider warrants and represents to the City that all actions necessary to make this Agreement binding upon its successors and assigns to the Property have been completed and that this is a legal and valid Agreement and is binding upon Subdivider and its successors and assigns to the Property. 10. Time is of Essence. Time is of the essence of each provision of this Agreement of which time of performance is a factor. 11. For Benefit of City. This Agreement shall be enforceable by and inure to the benefit of the City and its successors and assigns and shall bind Subdivider and Subdivider's successors and assigns. This Agreement shall be enforceable by the City and any assignee of the rights of the City. The City shall be entitled to assign its rights hereunder to any governmental agency or subdivision of the City or of the State of California. 12. Entire Agreement; Amendment. This instrument contains the entire agreement of parties relating to the rights herein granted and the burdens and obligations herein assumed, except as otherwise set forth in the Subdivision Agreement and the Parkland Agreement between the parties. Any oral representations or modifications concerning this instrument shall be of no force or effect. This Agreement may not be amended, modified or revoked without the written consent of the City. 13. Interpretation. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Any rule of law (including without limitation California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Agreement against the party that has drafted it is not applicable and is hereby waived. 14. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, except Michael Widley with respect to the "Widley Slope" and 758458.4 January 27, 2004 5 Dale and Jane Aldridge with respect to the "Disputed Land", and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Subdivider (and their respective successors and assigns), any rights, remedies, obligations or liabilities under or by reason of this Agreement. 15. Necessary Parties. Subdivider warrant and represent to City that no other parties have any interests in the Property and that Subdivider has full legal right, power and authority to enter into this Agreement and undertake the obligations set forth in this Agreement. Subdivider further warrants and represents to City that this Agreement is legal, valid and binding against the Subdivider and its successors and assigns and that the consent of no other party is required to make this Agreement legal, valid and binding against Subdivider and its successors and assigns. 16. Continuing Effect. Except as specifically modified hereby, the Subdivision Agreement, as amended, the Parkland Agreement, and the conditions of approval for the land use entitlements for Tract 23209 shall otherwise remain unaffected and unchanged by reason of this Amendment No. 2 and shall remain in full force and effect. [Remainder of page intentionally left blank] 758458.4 January 27, 2004 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Michael S. Naggar Mayor Attest: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney 75 845 8.4 January 27,2004 SHEA HOMES LIMITED PARTNERSHIP a California limited partnership by J.F. Shea Co., a Nevada Corporation, its General Partner By: Name: Title: By: Name: Title: 758458.4 January 27, 2004 STATE OF CALIFORNIA ss. COUNTY OF On , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Signature in and for said County and State STATE OF CALIFORNIA ss. COUNTY OF On , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Signature in and for said County and State 758458.4 January 27, 2004 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Riverside County Tract Map No. 23209 residential lots 55-78; 86-94; 96-99; 116-128; 132-137 and park site lot 221. EXHIBIT B AMENDMENT #1 to CITY OF TEMECULA SUBDIVISION IMPROVEMENT AGREEMENT with SHEAES LIMITED PARTNERSHIP Tract Nof 23208 FFSITE IMPROVEMENTS The purpose of this amendment is to amend item #2, Public Financing Contingency, as it relates to the number of building permits that can be issued prior to completion of the offsite Butterfield Stage Road improvements as conditioned with the approval of Tentative Tract Map No. 23209. The Developer is rapidly approaching the 120th building permit issuance, which is the limit of permits to be issued before the Butterfield Stage Road offsite improvements are to be completed. The Developer has offered to do additional improvements on La Serena Way that were not part of their conditions of approval, in exchange for the city releasing additional building permits before Butterfield Stage Road is complete. The City is in need of having full width improvements on La Serena Way as part of the ultimate Circulation Element of the City's General Plan to allow for better circulation in this area now. Improvements to Butterfield Stage Road have been delayed because of right-of-way issues and the anticipation that full -width improvements would be done through a Community Facilities District (CFD) presently being formed for the Rodpaugh Ranch project. That project has been delayed through no fault of this Developer. City agrees to release additional building permits for Tract No. 23209 when the Developer meets the following milestones: • 50 Permits When this Amendment is signed by Developer and approved by the City Council and the improvements for La Serena Way have been guaranteed. • 25 Permits When substantial progress has been made with the construction of La Serena Way and Butterfield Stage Road, as determined by the City Manager. • 25 permits When the work on La Serena Way and Butterfield Stage Road has been completed and accepted by the City. All other terms and conditions of the original Subdivision Improvement Agreement, dated August 14, 2001, shall remain in effect. 4 RAAGENDA REPORTS\2003\042203\Tr.23209 Agrmt Amendment.doc IN WITNESS WHEREOF, this agreement is executed by CITY, by and through its Mayor. SUBDIVIDER CITY OF TEMECULA Shea Homes Limited Partnership, a California Limited Partnership, J.F. Shea Co., a Nevada Corporation, General Partner Name: IZ7 Title: John B. Vance, Assistant Secretary By R=1 4—y� ATTEST: Name: Title: Paul L.L. Barnes, Assistant Secretary (Proper Notarization of SUBDIVIDER's signature is required and shall be attached) RECOMMENDED FOR APPROVAL: By: 'j %(,_ William G. Hughes Director of Public Works/City Engineer APPROVED AS TO FORM: By: Peter M. Thorson, CftyAttomey 5 RAGENDA REPORTS\2003\042203\Tr.23209 Agrtnt Amendmentdoc State of California ) ) S.S. County of San Diego ) On April 29, 2003 before me, Debra E. Young, Notary Public, personally appeared John B. Vance and Paul L.L. Bames personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. DEBRA E. YOU" Comm, t 1333971 r^ NOTARY ►UIjIC•CAIIFORNIA N Sen Diego County NY Comm. Eepiies Oec.9, 2006 EXHIBIT C i ;I CITY OF TEMECULA PARKLAND / LANDSCAPE IMPROVEMENT AGREEMENT DATE OF AGREEMENT: June 2002 NAME OF to as NAME OF Limited to as "S TRACT NO.: 23209 TENTATIVE MAP RESOLUTION OF APPROVAL NO.: (Referred to as "Resolution of Approval") PARKLAND IMPROVEMENT PLANS NO.: ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS:b 476,484.00 COMPLETION DATE: Jane 2004 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: American Home Assurance Company Bond No 00-290-919 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: American Home Assurance Company Bond No. 00-290-919 NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: American Home Assurance Company Bond No. 00-290-919A RVIGLERGMGREEMNIparkland landscape improvement-pgreement.doc _ This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the 'Subdivision Laws.' B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of APP Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland&andscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to . install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by ParklandlLandscapirig Improvement Security required by R OGLERGWAGREEMMparkland lendmpe knprovement2greeimnt.doc the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated Into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the ParklandtLandscape Improvements by SUBDMDER'S failure to perform its obligation under this Agreement, Including, but not limited to, SUBDIVIDER'S obligation to complete construction of R:IZIGLERGIXAGREEMMparkland landscape Improvement3greement.doc Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 'I. SUBDIVIDER'S Obligations to Construct Parkland/Landscaping Improvements, SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the J Subdivision taws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of . Industrial Relations. These -rates are on file with the City Clerk. Copies ((� may be obtained at cost at the City Clerk's office of the City of Temecula. Subdivider shall post a copy of such wage rates at the Job site and shall R.-OGLEROVAGREEMNyarkland landscape improvement4greemenl.doc pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less, than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. C. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested In real properly to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights - of -way, easements and other Interests In real property for construction br Installation of the Parkland/Landscape improvements, free and dear of all ff liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off -site rights -of -way, easements and other R:IZIGLERMAGREEMMparkland landscape hnprovementSgreement.doc interests in real property shall be subject to a separate Agreement l between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. . The offer of dedication to CITY or appropriate rights -of - way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights -of -way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. C. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to. CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard i to said improvements In and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and RAZIGLERGIXAGREEMNIparkland landscape knprovement89reennent.doc b, to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or Installed pursuant to this Agreement in the additional amount of 5o% of the estimated cost of the Improvements; and C. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the Improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvement, SUBDIVIDER shall provide improvement security for R OGLERG=GREEMWarkland landscape knprovement'pgreementdoc { y faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph e of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements In accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and Is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inaction and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the . time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final Inspection by the Director of Community Services, or the Director of Community Service's authorized representative. N the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community R OGLERMAGREEMN parkland landscape Improvementegreementdx Services shall certify the completion of the Parkland/Landscape Improvements to the Board of Directors. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been Inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shall "1 be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25% of the total Parkland Improvement Security given for faithful performance of the Improvement work -and that the securky shall not be reduced to an amount less than 50% of the total Parkland/Landscape Improvement Security given for faithful performance until expiration of the maintenance period and final completion and R:IZIGLERGMGREEMNIparkland landscape Improvemenl9greementdoc acceptance of the Improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. C. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any �) other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and Improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, Including reasonable attorneys fees. T. Iniury to Public Improvements, Public Property or Public Utilities Facilities. (� SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public Improvements, public utilities facilities and surveying or subdivision ROGLERGIXAGREEMNyarkland landscape knprovemerh @Ireement.doc monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance In lieu or in avoidance of foreclosure; or SUBDIVIDER'$ failure to perform any other obligation under this Agreement. ROGLERGIXAGREEMMparkland landscape hprovemerAi ggreement.doc b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or Installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape t l Improvements in accordance with the Parkland/Landscape Improvement �J Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property 1 belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. R WGLtRGIXAGREEMNIpsrkland landscape improvementilipreement.doc 1 `il C. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots In the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion Of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and Improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the'one year warranty period shall commence after CITY acceptance of the last completed Improvement. N within the warranty period any work or Improvement. or part . of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, Installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscaps improvement Plans and ROGLERMAGREEMMpaddand landscape knprovemeM61reement.doc specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in Its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Agent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in ("1 connection with the performance of SUBDIVIDER'S obligations under this Agreement. J 12. .Iniury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specked In this Agreement prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for U, the appointment of costs of water and sewer mains, or other improvements, pursuant to ROGLOGMGREEMMpaAdand landscape lrnprovementmpreemenLdoc the provisions of the CITY ordinances providing therefore, nor shall anything In this Agreement commit CITY to any such apportionment. Me- Ir-MMUMIMMMax, final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall ad upon the Director of Community ,Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions -or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all daims, demands, causes j of action, liability, or loss because of,.or arising out of, in whole or In part, the design or �J construction of the Parkland/Landscape Improvements. This indemnification and R OGLERGUCAGREEMMparldand landscape Unprovementaireement.doc (''' ) Agreement to hold harmless shall extend to Injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction. of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or Inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the t particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance In approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work 7� or construction. The Improvement security shall not be required to cover the provision of �J this paragraph. ROGL'ERGIXAGREEMMpaddand landscape Improvement 61reementdoc 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of lI this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than June. 2004 In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements J hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER_ could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completlon. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing RAZIGLERGIXAGREEMWarkland landscape Improvementygreement.doc performance of this Agreement as extended In an increased amount as necessary to compensate for an Increase in construction costs as determined by the Director of Community Services. 21. No Vestino of Riohts. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices, All notices required or provided for under this Agreement shall be In writing and delivered In person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Shea Homes Attn: John Vance 10721 Treena St. Suite 200 San Diego, Ca 92131 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement Is held Invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. R.-7jGLERGWAGREEMNIparkland landscape Improvement ereement.doc , f� Jll IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. Shea Homes Limited Partnership A California Limited Partnership By: J.F. Shea Co., Inc., a Nevada Corporation, General Partner CITY OF TEMECULA SUBDIVIDER By: By- `� '" Name: Name: VyAn Uane.t-' Title: By: Name: fiau G' L'neS Title: &d. Seere & ry (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) By: Susan W. Jones, CMC, City Clerk RECOMMENDED FOR APPROVAL: By: Name: City Engineer Name: Director of Community Services APPROVED AS TO FORM: By: Pe r Thorson City Attorney RVIGLERMAGREEMMpaddand landscape improvemen2o3reement.doc State of California ) ) S.S. County of San Diego ) On June 21, 2002, before me, Debra E. Young, Notary Public, personally appeared John B. Vance and Paul L.L. Barnes personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. IA I. YOUNG Comm. / 1333971 M N NOTARY F. CALUORNOI UI Son Opgo Coat ' MT Comm. ERp'too 0 oc.9.20O6 tDwa knurl Alaoekra, Ina 1011 Shea Homes con a ftdo for Tr. 2320Y)Park enrol DeaMpkon Unk Quantity Unk Bub Total Con Total OOnaingaen ConaNeWWk 91 111,620 a Z50 $ 28,80o.00 A C. Peft e.f. 3,986 1 6.00 a 19,426,00 COnne16 Cub 11. 210 $ 5.00 a 1,060.00 H.C. PAR" / alpna96 Bete 2 a 1,600.00 a 3,000.00 Ddr*ly Founteh 08. 1 6 2,760A0 a $760.00 Tn* R III I& a t 600A0 $ 3=.OD BBQa ee 2 6 30D.00 $ a00.OD Benohae as 4 6 76DA0 6 3A00A0 Pkm*TdAn OL 4 a 1AWM 6 WD-00 eAoe Raft OL 1 a 700.00 6 7000 PVC "Rd Form lf. 760 1 ".00 6 7,600.00 . am so, 1 a 6AOOAo a 6,000.DD 8aaeltYLletnh9 IA 1 6 20,000.00 a 20,0DO.00 Plat' EQWVroW Le. 1 $ 6e,476.00 a e9,478.00 she" euueeln &L 6 20A00.00 a 2DA0DA0 Play Area SOW GY. 2W a W-00 $ 16,900,00 Play Area Rubber MaftV $4. 1,690 6 16.00 6 26,860A0 OapMa Paw CIA A 416 6 26.00 a 10,67a0D TNaN 240MM 1pft Bab Valve-1112' ae. 6 75.00 a 300.00 seddlOWPIP&MAW-11 OL i a 7=00 a 7ADOA0 Mager VeN O -1 U2' SOL 1 a 250.00 $ 260M Flow Beraw ee. 1 i OW00 a Wall 00111111011011 ��0.00 Houk Polo, V*A% etc. a . t06,660 t a 97=10 CWA*m 1 a 76A0 a 1,2 W TOWOL 11112AOILIO PhnUM VibeclAbNenwd 1. WAR 6 0.05 6 6,416A6 f. 106,339 6 0.10 6 10,833.80 Mulch 1999,1111. ISO HyiueededTwf f. 88,928 a 0.0 $ a,8e2A0 Omwid Cow f, 1e,41/ a 0.40 a 7,764A0 8hn1M-60aOon . 432 6 16A0 $ 6,460.00 8hnbe-10ellan 2D 6 4.60 a 90A0 Teen •940Ow OL 91 a 276A0 a WAQb.00 DgMltabinanae af. 10"" 6 0.07 a 7,6 &n TOtal9 e0 698.76 o1N a 486,167.6a CWN111Q11W (10%) i 46 a16 79 Gn1MTaN a 47SAKV CURVE DELTA I RADIUS LENGTH Cf 778' 9.3 4. C2 8492'28' 31.00' 45.74' C3 378' I1. 2 C4 11271'1 ' 46. 9 9' LINE BEARING LENGTH Lf 50 1'36'W 12.1 ' L2 41*3 'W 6 ' L3 N425446T 1.83' m o :2 z N Q / ry I - EXHIBIT ?Li2SE15 0 oil I F-N1976'38'E x 581104-55'w 144 ( (RICK=11) (R) _S35701 (R)(R-48 I 3r I � I \k\ w 143 I mod' I \ \ N0 SCALE I 1\� A \ri I 1 w 1\o I I 1 \ 1 \\ I N6656'46'E `N4359'28'W \\ o- 7RxR=9.37') (R)(R=1644) L-------� IO 1 I ` 0 LOT 221 \�� 220 PARK SITE �� ` 1 AREA: 2.216 ACRES ` N �2 � �� •- to TRACT NO. 23209 �`, `. 222 I i M.B. 320/79-97 I 1 I 1 SEE DETA►L 'A' ,•'\ 43 %``Py V` LVG� LANE 1137 rn ti�h 0 o � � 1'' ' , � 225 � I c1 - / n.aUMVa\CIJU\rLHIa\Iemecuta\F'HKK-SIIL-Ka.dWg Dec 10, 2003 - 10�40am EXHIBIT E AND DEPICTION OF WILDEY SLOPE CALLS EXEMPT RECORDING REQUESTED BY City of Temecula PER GOWT CODE § 27383 AND WHEN RECORDED MAIL TO: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO: City of Temecula P.O. Box 9033 Temecula, CA 92589.9033 EXEMPT RECORDING SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned grantor declares: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Shea Homes Limited Partnership hereby grants to the CITY OF TEMECULA, a municipal corporation, the following described real property in the City of Temecula, County of Riverside, State of California: See Exhibit "A" attached hereto, Executed on rranuary 19, 2003 2003 , at San Diego California. Shea Homes Limited Partnership, a California limited partnership By: J.F. Shea LLC, a Delaware limited liabilit company, its General Partner By:— Na . J hn B. Vance Its: Assistant Secretary By: Name: Paul L. . rues Its: Assistant Secretary State of California ) ) S.S. County of San Diego ) On January 20, 2004 before me, Sarah A. Cordon, Notary Public, personally appeared John B. Vance and Paul L.L. Barnes personally known to me to be the persons whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. SARAH A. CORDON toCommission#1WI325 NotaryPublic - Confomia San Diego County LIE MPyComnm E)iias Jun 17, 20D8 EXHIBIT 'A' LEGAL DESCRIPTION FOR PARK SITE BEING A PORTION OF LOT 221 OF TRACT NO. 23209, IN THE CITY OF TEMECULA, AS SHOWN ON MAP ON FILE IN BOOK 320, PAGES 79 THROUGH 97 INCLUSIVE, RECORDED JUNE 28, 2002 IN THE OFFICE OF THE RIVERSIDE COUNTY RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 221; THENCE ALONG THE EASTERLY LINE THEREOF 1. SOUTH 15030'17" WEST 32.67 FEET TO THE BEGINNING OF A NON -TANGENT 1644.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 31044'11" WEST; THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LOT 221 AND THE ARC OF SAID CURVE 2. SOUTHWESTERLY 351.63 FEET THROUGH A CENTRAL ANGLE OF 12015'17" TO THE BEGINNING OF A NON -TANGENT 9.37 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, A RADIAL LINE TO SAID CUSP BEARS NORTH 66056'46" EAST; THENCE DEPARTING SAID SOUTHEASTERLY BOUNDARY AND ALONG THE ARC OF SAID CURVE 3. NORTHWESTERLY 4.47 FEET THROUGH A CENTRAL ANGLE OF 27018'22"; THENCE 4. NORTH 50021'36" WEST 12.12 FEET; THENCE 5. NORTH 41037'42" WEST 6.43 FEET TO THE BEGINNING OF A TANGENT 31.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE ALONG THE ARC OF SAID CURVE 6. NORTHWESTERLY, 45.74 FEET THROUGH A CENTRAL ANGLE OF NORTHERLY, AND 84032'28"; THENCE NORTHEASTERLY T:\TEMP_"\2138-LEG-PA .doc PAGE 1 OF 2 7. NORTH 42054'46" EAST 12.83 FEET TO THE BEGINNING OF A TANGENT 11.00 FOOT RADIUS CURVE CONCAVE TO THE WEST; THENCE ALONG THE ARC OF SAID CURVE 8. NORTHEASTERLY, 21.78 FEET THROUGH A CENTRAL ANGLE OF NORTHERLY, 113028'08" TO A POINT ON THE NORTHWESTERLY, AND WESTERLY BOUNDARY OF SAID LOT 221, WESTERLY SAID POINT ALSO BEING A POINT ON A 48.00 FOOT RADIUS CURVE CONCAVE TO THE WEST, A RADIAL LINE TO SAID POINT BEARS SOUTH 35011'11" EAST; THENCE ALONG SAID WESTERLY BOUNDARY AND THE ARC OF SAID CURVE 9. NORTHEASTERLY, 93.99 FEET THROUGH A CENTRAL ANGLE OF NORTHERLY, AND 112011'14"; THENCE CONTINUING NORTHWESTERLY ALONG SAID WESTERLY BOUNDARY 10. NORTH 08039'08" EAST 543.82 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 221, SAID CORNER ALSO A POINT ON A 633.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, A RADIAL LINE TO SAID CORNER BEARS SOUTH 80004'55" WEST; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF SAID LOT 221 AND THE ARC OF SAID CURVE 11. SOUTHERLY 219.40 FEET THROUGH A CENTRAL ANGLE OF 19051'31"; THENCE CONTINUING ALONG SAID NORTHEASTERLY BOUNDARY 12. SOUTH 29046'36" EAST 288.15 FEET TO THE POINT OF BEGINNING. CONTAINS 2.216 ACRES, MORE OR LESS. �Z,AND U `o s� 0 N . 7178 SCOTT A. HURST DATE LS 7178 EXPIRATION DATE 12/31/03 T:\TMP_WP\2138-LEG-PARR. doc PAGE 2 OF 2 CURVE DELTA RADIUS LENDIN Cl 177822' 9.37' 4.4r C2 84 T2'28' 3 . .7 ' 1 3 '08' 11.00' 21.7 ' C4 112 1'14' LINE BEARING I LEN01N Li 0021'360W I 1211' L2 N4137 2'W I 6.43' L3 N4254'46*E 1 12.83' 00 d- N N �t- 0 I rn o\ N E1GN�� \ LANE rn / 0 I 0 o .EXHIBIT 'B S1�r1DF1sEIs 00 rN1926—WE ----, N o+'w_ 144 R1(R==i1) (R) I _S !LLI 9l 3f 'E j ci I (R)(R=ffl) I \ 010 I I \\ 143MAL 'A NO SCAIE I I 4A \ I \ N6656'46`N._L9'18'W `* c. I (R)(R=9.37) (R)(R=1644')I <�0 I � . I � . LOT 221 �\ 220 PARK SITE \ ` " I AREA: 2.216 ACRES I TRACT NO. 23209 \, `, 222 �I M.B. 320/79-97 I I y / ; SEE DETAIL 'A4 137 i. 225 T � � 0 Ti\SURVEY\2138\PLATS\Temecula\PARK-SITE-R3,dwg Dec 10, 2003 - M40am EXHIBIT 'B' WA HAKES LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP 957-300-001 Q30' WIDE EASEMENT FOR ELECTRICAL AND i COMMUNICATIONS SYSTEMS IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY PER INSTRUMENT RECORDED 0811811988 AS DOCUMENT NO. 234875, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 30' WIDE PUBLIC SEWER EASEMENT IN FAVOR OF Q EASTERN MUNICIPAL WATER DISTRICT PER INSTRUMENT RECORDED 0610612002 AS DOCUMENT NO 2002-307062 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. Al40' WIDE PUBLIC STORM DRAIN EASEMENT IN FAVOR OF RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PER TRACT NO. 23209 RECORDED 0612812002 IN BOOK 320, PAGES 79-97 OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ®15' WIDE PUBLIC STORM DRAIN EASEMENT IN FAVOR OF THE CITY OF TEMECULA PER TRACT NO. 23209 RECORDED 0612812002 IN BOOK 320, PAGES 79-97 OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 5' WiDE EASEMENT FOR THE TRANSMISSION OF 0 ENERGY FOR COMMUNICATIONS AND OTHER PURPOSES IN FAVOR OF W RIZON CAUFORNIA, INC. PER INSTRUMENT RECORDED 0912712002 AS DOCUMENT NO. 2002-537732 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 18' WDE EASEMENT FOR UNDERGROUND © ELECTRICAL AND COMMUNICATIONS SYSTEMS IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY PER INSTRUMENT RECORDED 1110612002 AS DOCUMENT NO. 2002-640773 OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PAB POINT OF BEGINNING (R) RADIAL BEARING F -74AWs jk._3t9 VICINITY MAP TO RIVERSIDE TO CORONA \ aoa 15 �u�efO Hot 5 s Rood N o NO SCALE is o Rood t Coliform /� o Rot' �. a 0 %8 70 SAN DIEGO Ti\SURVEY\2138\PLATS\Temecula\PARK-SITE-R3,dwg Dec 10, 2003 - 1004am T _ aO:ik DATE City of Temecula Office of the City Clerk 43200 Business Park Drive Temecula, CA 92590 CERT/F/CA TE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the grand deed dated January 19, 2004 from Shea Homes Limited Partnership to the City of Temecula, a municipal corporation, is hereby accepted by order of the Temecula City Council made on January 27, 2004, and the grantee consents to the recordation thereof by its duly authorized officer. CITY OF TEMECULA 2 ATTEST: January 27, 2004 Michael S. Nagger, Mayor Susan W. Jones, CMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney AV CAI V Legend Centerline Parcels Parks 100 0 IOD 2W FeM Pft nA& by ft Cfty &TW�ft GnWq� �Sy�. Th,�Is�f� FMR�� ====ft OWO=== moub)�WupdffIp�ffwffIcWm Th*GooWvpft WQ.IdfflSy�.*�Mq��ft ITEM 17 ORDINANCE NO. 04-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTION 15.04.090 TO THE TEMECULA MUNICIPAL CODE RELATING TO THE UNDERGROUNDING OF EXISTING AND PROPOSED ELECTRICAL, TELECOMMUNICATION AND OTHER WIRES CARRYING BELOW 34kV CAPACITY WHICH PROVIDE DIRECT SERVICE OR IS ADJACENT TO PROPERTY BEING DEVELOPED THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Section 15.04.090 is hereby added to the Temecula Municipal Code is hereby amended to read as follows: "Section 15.04.090. Undergrounding of Electrical and Telecommunication Wires. All existing and proposed electrical, telephone, C.A.T.V, telecommunications, and similar service wires or cables, carrying below 34kV capacity, which will provide direct service or is adjacent to the property being developed, shall be installed underground within the exterior boundary lines of such property. Utility service poles may be placed on the rear of the property to be developed only for the purpose of terminating underground facilities. The developer or owner is responsible for complying with the requirements of the utility companies for the installation of such facilities. For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground. The Planning Commission may, in its sole discretion and prior to the issuance of the building permit for the project, waive all or part of the requirements of this section upon making written findings that the topography or other physical condition of the property makes compliance with the requirements of this section impossible or the cost thereof will exceed two hundred percent (200%) of the normal and customary cost of undergrounding said wires on property with an average grade of less than three percent (3%)." Section 2. Pursuant to California Environmental Quality Act ("CEQA') and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the proposed ordinance ("Project"). Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the project could have a significant effect on the environment and a Negative Declaration has been prepared. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds that: (1) The Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings set forth in Section 1., the City Council hereby adopts the Negative Declaration prepared for the Project. Section 3. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. R:/Ords 2004/Ords 04-02 Section 4. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 101h day of February, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 04-02 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 27`h day of January, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 10`h day of February, 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk R:/Ords 2004/Ords 04-02 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JANUARY 27, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:46 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: ABSENT: 0 DIRECTORS: Comerchero, Naggar, Roberts, Stone, and Washington None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of January 13, 2004. 2 Amendment No. 2 to the Temecula Elementary School Joint Use Agreement RECOMMENDATION: 3 2.1 Approve Amendment No. 2 to the Temecula Elementary School Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District; 2.2 Appropriate $30,000 from TCSD fund balance to the TCSD Parks operation and maintenance budget to cover improvement costs necessary to take over maintenance responsibilities. RECOMMENDATION: 3.1 Approve the Amended and Restated Master Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District. Minutes.csd\012704 1 MOTION: Director Naggar moved to approve Consent Calendar Items No. 1-3. The motion was second by Director Comerchero and electronic vote reflected unanimous approval. DEPARTMENTAL REPORT No additional comments. DIRECTOR OF COMMUNITY SERVICES REPORT No additional comments. GENERAL MANAGER'S REPORT No additional comments. BOARD OF DIRECTORS' REPORTS No additional comments. ADJOURNMENT At 7:47 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, February 10, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CIVIC City Clerk/District Secretary [SEAL] Minutes.csd\012704 ITEM 2 CITYATTORNEY _ DIRECTOR OF FINAN GENERAL MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: February 10, 2004 SUBJECT: Approve the Material Delivery Services Agreement for the Wolf Valley Sports Complex - Project No. PW01-17CSD PREPARED BY: ' (�'%VNilliam G. Hughes, Director of Public Works/City Engineer Ward Maxwell, Associate Engineer RECOMMENDATION: That the Board of Directors: Approve an agreement with Oregon Mountain Constructors in an amount not to exceed $240,000 to provide material delivery for the Wolf Valley Sports Complex, Project No. PW01-17CSD, and authorize the Mayor to execute the agreement. Authorize the City Manager to approve Amendments not to exceed the contingency amount of $24,000, which is equal to 10% of the agreement amount. BACKGROUND: On January 14, 2003 the Board of Directors approved the conceptual master plan for the 43 acre Wolf Valley Sports Complex and awarded the design contract for the facility to RJM Design Group. During the design of the Sports Complex it was determined that approximately 120,000 cubic yards of import soil is required to construct the facility per the approved master plan. While design was underway, staff developed a Stockpile and a Storm Water Pollution Prevention Plan (SW PPP). The approved plans enable the City to import fill material to the project site as it becomes available. In August of 2003, the Army Corp of Engineer's awarded the Murrieta Creek Improvement Project to Oregon Mountain Constructors (OMC) from Redding California. Phase 1 of this project, has approximately 300,000 cubic yards of export material. This surplus material from Phase 1 project was specified to be placed at Riverside County Flood Control (RCFC) detention basin site north of Winchester Road. Therefore, this material would need to be excavated and removed from the RCFC detention basin site at a later date. 1 RAAGENDA REPORTS\2004\021004\PW01- 17CSDstockpile.doc In January of 2004, staff was approached by OMC regarding the placement of surplus material from the Murrieta Creek Project to the City's park site. OMC gave the City a proposal to truck surplus material at a cost of $2.00 per cubic yard. Staff contacted RCFC to determine if they would credit the City a portion of the cost to deliver the material to the Wolf Valley Sports Complex, since the material would have to be removed from the detention basin site in the future. RCFC agreed to extend a credit of $1.00 per cubic yard of surplus material removed from the Phase 1 project and delivered to the parksite. This credit will be extended against the City's overall 25% cost share of the overall Murrieta Creek Project. Therefore, the net cost of fill material to the City's parksite is $1.00 per cubic yard which is well below the market price and hence a savings to the City. FISCAL IMPACT: The Wolf Creek Sports Complex Project is funded with Development Impact Fees — Parks and Recreation including Quimby, Certificates of Participation Bond Proceeds, Capital Project Reserves, Proposition 40, and Community Facilities Districts included in the Capital Improvement Program. Adequate funds are available in Account # 210-190-173-5804 for the delivery of material to project. The total cost is $264,000.00, which includes the contract amount of $240,000.00 plus 10% contingency amount of $24,000.00. ATTACHMENT: Project Location Project Description Agreement 2 R1AGENDA REPORTS\2004\021004\PW01- 17CSDstockpile.doc N z'!!!!!� O a 0 y rA d 0 V a CD CD p aVi h O N O O r o r- o o t-: w p� N N a D r r h N r O U p U O N er v� vi vi 69 br> by 0 0 O 0 N b 0 O O N O N O O N v $ M V h N N V1 N w �, 69 69 69 0 0 0 0 0 a h O r O N ClO N O Vl C b N O a to N r N p N h sv Vn 6q dv 69 A ~ ~ V C v3 vi 69 r r t�l pOp O O b N N p p00 %D O O (V o m r N o .. ha h N N N 69 69 (Al 69 Vf (HI ( 0)11 o C -a y y U �x N a; g b a ¢� o w oa�O'w O O' y y q O •n y y � w w - 24 A y 0 U y U ovIV U a0. 0. a 0 o W °° z o �o0 m a a 0 0 0 G la H w C N0Pu w 0 6.) u CUH AGREEMENT MATERIALS DELIVERY SERVICES SPORTS COMPLEX (Pechanga Parkway and Deer Hollow) PROJECT NO. PW01-17CSD THIS AGREEMENT is made and effective as of February 10, 2004, between the District of Temecula, Community Services District a municipal corporation ("District") and Oregon Mt. Constructors ("Contractor"). In consideration of the mutual covenants and conditions setforth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on February 10, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than February 10, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Contractor shall furnish and spread fill material and perform the services and tasks as described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Board of Directors has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The District agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of p ayment a s s et f orth i n E xhibit B , P ayment R ates a nd Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Two Hundred Forty Thousand Dollars and No Cents ($240,000.00) for the total term o f t he Agreement unless additional payment is approved as provided in this Agreement. R:\cip\projects\PWOt-17\Agreements\Oregon Mt. Agreement b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time District's written authorization is given to Contractor for the performance of said services. The General Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the Board of Directors. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the District disputes any of Contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the District shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the District. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the District pursuant to Section 4. 7. DEFAULT OF CONTRACTOR. a. The Contractor's failure to complywith the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, District shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default 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 (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 District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. R:\dp\projects\PWOl-17\Agreements\Oregon Mt. Agreement 8. OWNERSHIP OF DOCUMENTS. a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by District that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of District or its designees at reasonable times to such books and records, shall give District the rightto examine and audit said books and records, shall permit District to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used, reused or otherwise disposed of by the District without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the District, upon reasonable written request by the District, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the District, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the District. 10. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. R:\dp\projects\PWOt-17\Agreements\Oregon Mt. Agreement (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Contractor's profession. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the District Manager. At the option of the District Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the District, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The District, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the 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 District, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary i nsurance a s r espects t he D istrict, i is officers, officials, employees and volunteers. Any insurance or self - insured maintained by the District, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, its officers, officials, employees or volunteers. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respectto the limits of the insurer's liability. R:\cip\projects\PW01-17%greements\Oregon Mt. Agreement (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the District. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the District with original endorsements effecting coverage required by this clause. The endorsements are to be signed bya person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the District. All endorsements are to be received and approved by the District before work commences. As an alternative to the District's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the District a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor 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 District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for District. District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Contractorshall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The District, 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. 13. RELEASE OF INFORMATION. a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without District's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the District Manager or unless requested by the District Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the District. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives District notice of such court order or subpoena. R:\cip\projects\PWOt-17\Agreements\Oregon Mt. Agreement b. Contractor shall promptly notify District should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the District. District retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Contractor. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To District: District of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: District Manager To Contractor: Oregon Mt. Constructors P.O. Box 437 Palo Cedro, California 96073 Attention: Kevin Ramstrom Manager 15. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten consent of the District. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Board of Directors and the Contractor. 16. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The District and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the District of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. R:\cip\projects\PW01-17\Agreements\Oregon Mt. Agreement 18. PROHIBITED INTEREST. No officer, or employee of the District of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the District that no officer or employee of the District of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub- contractors on this project. Contractor further agrees to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. R:\cip\projects\PW01-17\Agreements\Oregon Mt. Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA COMMUNITY SERVICES DISTRICT Chuck Washington, President Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR Oregon Mt. Constructors P.O. Box 437 Palo Cedro, CA 96073 (530)224-1337 Kevin Ramstrom, Manager Steve Shongood, Operation Manager (Two Signatures of Corporate Officers Required For Corporations) R:\cip\projects\PW01-17\Agreements\Oregon Mt, Agreement EXHIBIT A TASKS TO BE PERFORMED PAYMENT RATES AND SCHEDULE R:\cip\projects\PW01-17Wgreements\Oregon Mt. Agreement OREGOW MT. V0WXTRZTCT0RX January 27, 2004 City of Temecula PO Box 9033 Temecula, CA 92589-9033 Attention: Mr. Ward Maxwell Re: Proposal to Provide Dirt Fill Ladies and Gentlemen: In accordance with our verbal correspondence with Mr. Maxwell, Oregon Mt. Constructors (OMC), a Division of Klippa, LLC, proposes to deliver and spread approximately 120,000 CY of fill material at the City's future park site located near the comer of Deer hollow and Pachanga Parkway. The exact amount of material required will be determined by the City. The material will be delivered at a price of S2.00 per CY, measured based on daily truck tickets, with the total price not to exceed $240,000. The following is a list of conditions upon which our proposal is based: 1) OMC is making this proposal based on the fact that our contract with the Corps of Engineers makes it economical to furnish this material at the stated price. Should the Corps of Engineers change our contract, or fail to make scheduled progress payments to OMC, OMC reserves the right to void this proposal and any resultant agreements based thereon. 2) The City will furnish at no cost to OMC, all permits required by the City for the project. Permit conditions shall not restrict OMC productivity. 3) OMC will provide a construction entrance with gravel and "Humble plates" and clean any material tracked onto the street by our operations. 4) The need for flaggers is not anticipated and the cost thereof is not included in this proposal. 5) Billings will be made monthly, with documentation of quantity. The City shall make payments within 30 days of receipt of billing. Please use our PO Box as our remittance address. tstrom 3402 BECHELLI LN-STE B-REDDING-CA-96002 o - PO Box 437-PALO CEDRO-CA-96073 TELEPHONE 530-2-24-1337 FACSIMILE 530 224-1347 ITEM 3 APPROV CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: February 10, 2004 SUBJECT: Accept Substitute Landscape Improvement Agreement and Bonds forTract Map Nos. 26828, -1 & -2 - Avondale Development PREPARED BY: Barbara Smith, Management Analyst 0 " RECOMMENDATION: That the Board of Directors: Accept the substitute landscape bonds from Richmond American Homes of California, Inc. for Tract Map Nos. 26828, -1 & -2. BACKGROUND: Pursuant to the conditions of approval the developer is proposing to improve slopes and parkways by installing landscaping along Seraphina Road and Rita Way. These slopes and parkways are a result of the development of 130 homes within Tract Map Nos. 26828, 26828-1 and 26828-2. On September 24, 2002 an agreement and landscape bonds were accepted by the Board from the then current project owner Heritage Sycamore Springs, LLC. Subsequently, this project was sold to Richmond American Homes of California, Inc. and in the meantime the landscape plans continued to evolve incorporating additional areas which changed the original landscape plans under Heritage Sycamore Springs, LLC. As a result of the changes mentioned above the agreements and bonds are being replaced by the new owner/developer Richmond American Homes of California, Inc. Once these new bonds are accepted the City Clerk will exonerate the existing bonds from Heritage Sycamore Springs, LLC. Existing Bond Information — Developers Surety and Indemnity Company 1. Faithful Performance Bond No. 826772S the amount of $116,565.00. 2. Labor and Materials Bond No. 826772S in the amount of $58,283.00. 3. Warranty Bond No. 826772S in the amount of $11,657.00. Replacement Bond Information — Developers Surety and Indemnity Company 1. Faithful Performance Bond No. 828005S the amount of $128,944.90. 3. Labor and Materials Bond No. 828005S in the amount of $64,472.45. 3. Warranty Bond No. 828005S in the amount of $12,894.49. RAsmithb\Bonds\Tract 26828 Replacement.doc FISCAL IMPACT: borne by the developer. ATTACHMENTS: None. The cost of construction for the perimeter slope areas will be Vicinity Map Replacement Agreement/Bonds. RAsmithb\Bonds\Tract 26828 Replacement.doc 26828-1 & 2 , is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; Developers Surety & Indemnity NOW, THEREFORE, we the Principal and company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ 128,944.90 lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. H1 IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on AUGUST 12 , 20 03 SURETY: Developers Surety & Indemnity PRINCIPAL : Richmond American Homes Company of California, Inc. BY: Pam BY RAJAN PATEL (NAME) ATTORNEY IN FACT (TITLE) 10 APPROVED AS TO FORM: Peter Thorsen City Attorney (NAME) (TITLE) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Soli ��IQGiO� ss. On y Mbefore me, IVi'l�'r.v{.i(CJI" 944 /U/kLul/ Date J a a Nan,e arel Title of O dwr (e...'Jane Doe, Notary Nii) personally appeared Pfersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(erwhose name4o is/,nr- subscribed to the within instrument and acknowledged to me tha e/be9 executed the same in s/her/JM1 authorized capacityiiaW and that by yie/herAAetr signaturek<on the instrument the persoay <br the entity upon behalf of which the persorW acted, executed the instrument. WITNESS my hand and official seal. QX2� <� •—I T S,neW,e of Nblr OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document G�` Title or Type of Document: '�'"G�..! r(r� �o.✓Fi�2rr� DocumentDate: LlAit.�42Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —0Limited 0General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Natbnal Notary Aseo iabon • 9350 be Sob Are.. P.O. Boa 2402 • Chatsworth, GA 9131b2A02 • www.nabonalnotar,,.M Prod No. 507 ReeNe Gall ToA-Free 1-800-876 7 STATE OF COUNTYOF PERSONALLY CALIFORNIA SPAN DIEGO, o /o? - 0J2 -before me, RAJAN PATEL I SS. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(4 whose name(o is/ay6 subscribed to the within instrument and acknowledged to me that he/solthy,}+executed the same in his/hWYkhpVr authorized capacity(o), and that by his/her/thpfr signature(jl on the instrument the person(/!, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS Signature D. KOHL O. KM C.a n**M N 141161l6 fan01wC u* MtlCana. U' P�� 16. This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the prevent fraudulent reattachment of this form. ❑ INDIVIDUAL ❑ CORPORATE ❑ PARTNER(S) ❑ ATTORNEY-1 ❑ TRUSTEE(S) ❑ GUARDIAN( El OTHER: SIGNER IS NAME OF PERS CLAIMED BY SIGNER ❑ LIMITED ❑ GENERAL and could ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES OTHER THAN NAMED ABOVE 10-1232(REVV.5101) ALL-PURPOSE ACKNOWLEDGEMENT BOND NUMBER: 828005S PREMIUM: INCLUDED WITH PERFORMANCE BOND CORRECTED ORIGINAL CITY OF TEMECULA PARIU,ANDILANDSCAPE LABOR AND MATERIALS BOND WIMMAS, the City of Temecula, State of California, and Richmond American Homes of California, Inc. (hereinafter designated as `Trincipal'� have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated 1 20^, and identified as Project Tract 26828-1 & -2 is hereby referred to and made a part hereot and WBEREAS, under the term of said Agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Temecula, to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and Developers Surety & Indemnity NOW, THEREFORE, we the principal and Company as Surety, are held and firmly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, other persons employed in the performance of the aforesaid Agreement and referred to in Title 15 of the Civil Code, in the penal sum of g64 , 472.45 , lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount set forth. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 C:\Dommems and Satinp\yhoudm\Laml SahitV\Tcmpomiy remma pilos\OLK25\parkland tandampe laborand materials bond.doc - I. (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications, C.\Documcnte and Setdnga\libousWIzeal Settiap1empmry Internet Files\OLK2S\paddaad Lmdscapo labor and materials boad.doc - 2 - IN WITNESS WHEREOF, this uishument has been duly executed by the Principal and Surety above named, on AUGUST 12 (Seal) SURETY: Developers Surety & Indem 'ty Company By; RAJAN PATEL (Name) ATTORNEY IN FACT (Tithe) APPROVED AS TO FORM: Peter Thorson, City Attorney 0 By: 20 03 , (Seal) (Name) (Title) American Homes ,Zaia, Inc. C:\Dooumaw and Seuings\#hoasim\Local SeviftgMmpornry inteme, MC6\0LK25\px1dand landeeape labor and mabedfilS bond.doc -3. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of c On r 2rX75 before me, M M • ma&102Z Nll" � G o— � � /, Na � ana rue of onl�ar (e y�ne Doe, Notary u c'� personally appeared _) �Conrn, ,a # 1426017 IlolorY Abfic CaAlaanb �_ 4a I Dill County MyCare. Brppy.hlfl16.2007 Q'Personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person,*"whose names/aie subscribed to the within instrument and acknowledged to me that,46/she/Oy executed the same in jds/her/ttiir authorized capacityaW, and that by big/ther/tPeIr signaturejKon the instrument the persoW, or the entity upon behalf of which the personpl acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary P tolo OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document p Title or Type of Document: 4AG/uYX �'i")G� �-S Raq(, Document Date: Cs f �.2 7��3 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of humb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Natio l Notary Asaodawn • 9350 N Soto Ave., P.O. Box 2402 • Cl CA 91313-24U • w nabonalnotary org Plod No. 5907 Reocar, Call Toll Free 1-6 676£829 STATE OF CALIFORNIA COUNTYOF SAN DIEGO I SS. On F- /z— 63 —before me, D. KOHL PERSONALLYAPPEARED RAJAN PATEL personally known tome (or proved tome on the basis of satisfactory evidence) to be the erson(4 whose namel q islapO subscribed to the within instrument arld acknowledged to me that he/slle/tho executed the same in hisfiWlAthj6 authorized capacity(iipe), and that by his4iyrIthglr signature(/) on the instrument the person(//, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal. Signature - D ) �_� D.1011L Co mnbrbn N 141169A Now Nile • Cavamla lOfl DNQa COU* MyCammm.lVOWNAPrIJ. This area for Official Notarial Seal f OPTIONAL Though the data blow is not required by law, it may prove valuable to persons relying on the docu nt and could prevent fraudulent teattachment of this form. CAQACITY CLAIMED BY SIGNER DESCRIPT OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) I ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS NAME OF PERS OTHER THAN NAMED ABOVE ID-1232(REV. 5/01) 1 ALL-PURPOSE ACKNOWLEDGEMENT BOND NUMBER: 828005S PREMIUM: INCLUDED WITH PERFORMANCE BOND CORRECTED ORIGINAL CITY OF TEN ECO A. PARSLMaAMSCAPP WARTtANPYBOND WEMEAS, the C itv of Temecula, Stare of California (hereinafter designated as "City"), Richmond American Homes of - and California, Inc. = - '-- (hereinafter designated as "PiincipaP") have entered into an Agreement whereby Nn4al agues to install and complete certain designated Paddand improvements. which said Agreement, dated . 20, , and identified as Project ITRACT 26828-1&2 is hereby referred to and made a part hereof; and WMMEAS. Principal is required to warranty the wort done finder the term of the Agreement for a period of one (1) Year foHowing acceptance thereof by City against any defective work or labor done or defective materials furnished, in the amount of ten percent (10%) of the estimated cost of the improvements: DEVMOPERS SMETY AND NOW, TIP2REFORE, We thc,Principal and INDMOZT7 COMPANY as surety, are hold, and firmly bound unto the Citv of Temecula- Cali Ferris in the penal sum of g 12 , 8-44. 49 lawful money of the United States, for the payment of such stmz well and truly to be made, we bind ourselves, our heirs, successors, exwuvors and administrators, Jointly and severally. The condition of this obhPdon is such that the obligation shall become null and void if the abovo-bounded Principal,lds or its heirs, executors, administrators, successors, or assigns shall in all things stand m, abide by, well and truly keep, and perfortn the covenaais, Conditions, and'provisions in the Agrti;emcnt and any alteration thereof made as therein provided tm his or their part, to be kept and performed at the time and in the tommer therein speeified, and in all iespaen; according to his or their true intent and meaning, ana shall mdemot'f9 and save harmless the CXty of Temecula, its officers, ageurs, and employees, as therein stipulated; Otherwise, this obligation shall be and remain in full force and effect. PAsmithb\parkland landscape WanwgBond l,doc . As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasan4ble attomey,s fees, ine=ed by city in succes*Uy enforcing mcb obligation, all to be taxed A costs ' and included in any judgement rendered_ The surety hereby atipulates and agrees that no cbange, extension of time, alteration or addition to the terms of the Agreement or to the work to be peaformed tberetmder or the specifications accompanying the same shall m anyway affect its obligations on this bond, and it does hereby waive notice of any snob cbenge. extension of time, alteration or addition to the terms of the Agreement or to rho work or to the specifications. R:lmiithb\parldand landscape WarMM7 Bond l.doc IN WMAESS WEMBOF. this instr=eAt has been duly executed by the Principal and Surety above named, ou AUGUST 12 (Seal) SURETY: Developers Surety 6 nIndemnity Company By: aib Pam RAJAN PATEL (Name) ATTORNEY IN FACT (rift) - APPROVED AS TO FORM -- Peter TWwan, CityAttamey 2C 03 (Seel) PRINCIPAL: Richmond American Rome$ C ifornia, Inc. By: (Name) (Tide) Br• (Name) (Ti te) R:lsmithb\pm-Mpnd landseepe Wm r tyBond 1.d0c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof t� � TJ� wc— ss. . On T'� '7 before me, /u • M• Dale ] rt^n ,[,, N�ama and Tale of OOiwr (e.g., 'Jane Doe, lomry Publli i personally appeared � � 67orGCLl C Name(si of Sig ris) rsonally known to me ❑ proved to me on the basis of satisfactory evidence 2"61. M.KNA MDODO _ Commimlon. N 1425017 s Notary Public - California - San Diego County MyComrn. Expires Jun 16.2007 to be the persono whose name/ is/aX subscribed to the within instrument and acknowledged to me that 0sheVy executed the same in Ja&her/fir authorized capacity(i , and that by >6/her/tWir signaturV on the instrument the persoo,, or the entity upon behalf of which the person.W acted, executed the instrument. WITNESS my hand and official seal. Signature of NONry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document _ Title or Type of Document: U / O / / G Document Date: 0jt1 l%U+- 1;,2 0 i-&Z Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Ttle(s): ❑ Partner — ❑Limited ❑General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary AS iatlon • 93K De S W Ave., P.O. Box 2402 • Chalamdh, CA 91313-2402 • wnw.nationinotaryorg Prod No. 5907 Reonlec Call Toll -Free 1-00p0164 7 CERTIFICATE OF RESOLUTION I, Joseph H. Fretz, as Secretary of Richmond American Homes of California, Inc., a Colorado corporation (the "Company"), do hereby certify on behalf of the Company that the following resolutions were unanimously adopted by the board of Directors of the Company pursuant to the Minutes of Action of the Board of Directors of the Company as of January 10, 2003, and that such resolutions are in full force and effect as of the date of this Certificate of Resolution: RESOLVED, that, Lisa Gordon hereby is appointed as President of the Southern California (San Diego) Division, effective as of January 1, 2003, to serve until she is removed from office or until her successor is duly elected and qualified or until her earlier resignation, retirement or death; and it is FURTHER RESOLVED, that Lisa Gordon, as an officer of the Company, is authorized hereby to enter into and execute and deliver, on behalf of the Company, any and advisable in connectionall real estate documents with theCompany's y'sbusf business of building and selling homes. RICHMOND AMERICAN HOMES OF CALIFORNIA, INC., a Colorado corporation By: Josep . Fretz, Secr tary u Executed at Denver, Colorado this J 3� day of January, 2003. GAMinutm-2003\RAH-AI RAHCA.011003.ACTIAM STATE OF PERSONALLY CALIFORNIA SAN DIEGO before me, D. KOHL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(yj whose name(o is/ape subscribed to the within instrument and acknowledged to me that he/soltho executed the same in his/hpl-/thptF authorized capacity(i,s and that by his/hp'r/rhpfr signature(A on the instrument the personf/j, or the entity upon behalf of which the personf4 acted, executed the instrument. WITNESS my hand 4nd official seal, Signature I /D. 0.1(CIR COMMM n N 1411666 too D1W Coudy MMCo�nr.6gYMAP 16, This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the prevent fraudulent reattachment of this form. CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OF ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-1 ❑ TRUSTEE(S) ❑ GUARDIAN/C ❑ OTHER:_ SIGNER IS NAME OF PERS and could OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES OTHER THAN ID-1232 (REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE. CA 92623 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each, hereby make, comnitute and appoint: ***Danette Jacobs, Rajan Patel, Steven R. Bonilla, S. Smith -Bowman, D. Kohl, jointly or severally*** as their true and lawful Allomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Altomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s}in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OFCALIFORNIA, effective as of November I, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the atiorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and tiny such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'h day of January. 2001. By: AND OVOMPANV David H. Rhodes. Executive Vice President ............... 'yi9P 0Rg PPOR;r'10 9O TiC r` 9r2f By:N 01936 /OWP 1967 JD 0aWalter c'9(/FOPtJ�P A. Crowell. Secretary a� STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January 8, 2002, before me, Antonio Alvarado, personally appeared David H. Rhodes and Waller A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that (hey executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the nersnns acted. executed the instrument. WITNESS my hand and official seal. Signature CERTIFICATE ANTONIO ALVARADO p COMM. # 1300303 f Notary Public - California gamy 3ORANGE COUNTY Comm. Expires APR110, 2005 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in form as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 12TH any of AUGUST 2003 By (a 4. David G. Lane, Chief Operating Officer �- ID-1380 (01102) DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers musE also meet a variable deductible established by the Act. The Act also establishes a cap of $1,0001 000,000.00 for which the Federal Government or an insurer can be responsible. PartiThpation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 (949) 263 3300 www.inscoDico.com ID-1498 (Rev. 4/03) CITY OF TEMECULA PARKLAND / LANDSCAPE IMPROVEMENT AGREEMENT DATE OF AGREEMENT: 1 128 I oq NAME OF SUBDIVIDER: Richmond American Homes of California, Inc. (Referred to as "SUBDIVIDER") NAME OF SUBDIVISION: Avondale TRACT MAP NO.: 26828r1 and 26828-2 TENTATIVE MAP RESOLUTION OF APPROVAL NO.: Resolution #92-27 (Referred to as "Resolution of Approval') PARKLAND IMPROVEMENT PLANS NO.: CSD01-0006 ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS: $ 128,944.90 COMPLETION DATE: January 31, 2006 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: Developers Surety & Indemnity Company Bond No. 828005S $128,944.90 NAME OF SURETY AND BOND NO. FOR LABOR & MATERIALS BOND: Developers Surety & Indemnity Company Bond No. 828005S $64,472.45 NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: Developers Surety & Indemnity Company Bond No. 828005S $12,894.49 R:\smithb\Bonds\Landscaping Bond Agreement.doc 1 This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referred to as CITY, and the SUBDIVIDER. RECITALS A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required, as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDIVISION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by Parkland/Landscaping Improvement Security required by R:\smithb\Bonds\Landscaping Bond Agreement.doc 2 the Subdivision Laws and approved by the City Attorney. The term "Parkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and approved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and approved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformance with the CITY standards, (in effect on the date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDIVISION. As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligation under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of R:\.smithb\Bonds\Landscaping Bond Agreement.doc 3 Parkland/Landscape Improvements by the Completion Date. CITY shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDIVISION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOT, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDIVISION, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER'S Obligations to Construct Parkland/Landscaping Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Pursuant to the requirements of Labor Code Section 1720, SUBDIVIDER shall pay prevailing wages for all work performed for the construction, alteration, demolition, installation, or repair for the Parkland/Landscape Improvement Work required by this Agreement. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of the City of Temecula. Subdivider shall post a copy of such wage rates at the job site and shall R:\smithb\Bonds\Landscaping Bond Agreement.doc 4 pay the adopted prevailing wage rates as a minimum. Subdivider shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and other applicable laws and regulations with respect to the payment of prevailing wages. Pursuant to the provisions of 1775 of the Labor Code, Subdivider shall forfeit to the. City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less, than the stipulated prevailing rates for any work done under this Agreement, by it or by any subcontractor under it, in violation of the provisions of the Agreement or in violation of any applicable laws or regulations pertaining to the payment of prevailing wages. C. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: d. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. e. Except for easements or other interested in real property to be dedicated to the Homeowners Association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all rights - of -way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off -site rights -of -way, easements and other R:\smithb\Bonds\Landscaping Bond Agreement.doc 5 interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights -of -Way. If any of the . Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights -of - way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights -of -way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. C. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shall be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. to assure faithful performance of this Agreement in regard to said improvements in and amount of 100% of the estimated cost of the Parkland/Landscape Improvements; and RAsmithb\Bonds\Landscaping Bond Agreement.doc 6 b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the Improvements; and C. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10% of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for R:\smithb\Bonds\Landscaping Bond Agreement.doc 7 faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. 5. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a final inspection by the Director of Community Services, or the Director of Community Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community RAsmithb\Bonds\Landscaping Bond Agreement.doc 8 Services shall certify the completion of the Parkland/Landscape Improvements to the Board of Directors. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an . amount less that 25% of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50% of the total Parkland/Landscape Improvement Security given for faithful performance until expiration of the maintenance period and final completion and R:\smithb\Bonds\Landscaping Bond Agreement.doc 9 acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security, which would reduce such security to an amount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. C. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonable determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees. 7. Iniury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision RAsmithb\Bondslandscaping Bond Agreement.doc 10 monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER'S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER a. default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely commence construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure the defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER'S failure to perform any other obligation under this Agreement. RAsmithb\Bonds\Landscaping Bond Agreement.doc 11 b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER'S obligations under this Agreement. The CITY shall have the right, subject to his section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for an excess cost or damages occasioned CITY thereby; and, in such event, CITY without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plan and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. R:\smithb\Bonds\Landscaping Bond Agreement.doc 12 T C. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion Of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after CITY acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and RAsmithbtBonds\Landscaping Bond Agreement.doc 13 specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. Subdivider Not Anent of City. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Iniury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the appointment of costs of water and sewer mains, or other improvements, pursuant to RAsmithb\Bonds\Landscaping Bond Agreement.doc 14 the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and RAsmithb\Bonds\Landscaping Bond Agreementdoc 15 Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and the CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. RAsmithb\Bonds\Landscaping Bond Agreement.doc 16 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDIVISION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of the improvements required by this Agreement no later than January 31, 2006 . In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing RAsmithb\Bonds\Landscaping Bond Agreementdoc 17 performance of this Agreement as extended in an increased amount as necessary to compensate for an increase in construction costs as determined by the Director of Community Services. 21. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with the City: Notice to CITY: City Clerk City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 Notice to SUBDIVIDER: Richmond American Homes of California, Inc. 100 E. San Marcos Boulevard, Suite 100 San Marcos, Ca 92069 (909) 891-3600 Attn: 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. RAsmithb\Bonds\l.andscaping Bond Agreement.doc 18 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Legal Responsibilities. The Subdivider shall keep itself informed of all local, State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. The Subdivider shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Subdivider to comply with this section. 28. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. In the case of the CITY, the appropriate party shall be the City Manager. R:\smithb\Bonds\Landscaping Bond Agreement.doc 19 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. CITY OF TEMECULA Name: Title: Name: (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: By: Susan W. Jones, CMC, City Clerk RECOMMENDED FOR APPROVAL: By: Name: City Engineer Name: Director of Community Services APPROVED AS TO FORM: Peter Thorson City Attorney R:\smithb\Bonds\Landscaping Bond Agreement.doc 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego ( SS On 1/28/2004 before me, M. M. Maldonado, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Lisa Gordon Names) of Signers) . Q��AO_{.� r►All OPTIONAL N personally ]mown to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity , and that by her signature on the instrument the person , or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature of Notary Public Though the information is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title of Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attomey-in-fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Parkland / Landscape Improvement Agreement Number of Pages: TRACT 26828-1, 26828-2 6 26828 T.C.S.D, EASEMENTS EMECULI aoAo Y VICINITY MAP r N.T.S. 10 11 12 13 14 15 16 14 15 I6 17 18 19 20 ,2,'HIGHLAND VISTA CIRCLE 26 25 24 23 22 21 12 r a 11 a a 27 28 29 30 IT32 10 0- 9 PARK VISTA CIRCLE 8 34 F38 33 7 6 43 44 w 5 4 0IRCLE ¢ 0 3 Z46 452 1 23 24 18 17 PARKWAY 28 27 26 EASTGATE 29 30 25 31 33 32 8 36 35 34 16 17 9 SB 15 7 37 11 12 19 19 10 i4 6 38 W 20 v 9 VIEW CIRCLE 5 9 39 GPO' D iz v 21 4 2 4 4 40 7 6 5 3 22 N a 3 Q 3 9 41 23 2 y 0 m 2 24 42 43 44 45 f 1 25 1 HILLCREST DRIVE w 26 35 34 33 32 31 a = ¢ 30 29 28 27 0 0 cc TR. 26828 AREA 3-D" 1675 S.F. TR. 26828 AREA "3-C" 4452 S.F. TR. 26828 AREA "3-B" 180 S.F. TR. 26828 AREA "3-A" 174E S.F. TR. 26628-2 AREA "2-B" 100 S.F. TR. 26828-2 AREA "2-A" 1359 S.F. 9 m a TR. 26828-1 TR. 26828-1 0 AREA "1-B" AREA "1-A" RITA WAY 12665 S.F. 16254 S.F. REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JANUARY 27, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:47 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: ABSENT: 0 AGENCY MEMBER: Naggar, Roberts, Stone, Washington, and Comerchero None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of January 13, 2004. 2 Purchase and Sale Agreement for property located at 28731 Puiol Street RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 04-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY (LOCATED AT 28731 PUJOL STREET — APN 922-062-016) IN THE CITY OF TEMECULA 2.2 Approve an appropriation from unreserved General Fund balance in an amount not to exceed $64,500 for acquisition, soil testing, escrow and closing costs. Lease of Agency Property — 27500 Jefferson Avenue RECOMMENDATION: 3.1 Approve an amendment to its agreement with Mattcor Enterprises, doing business as KIA World, for Agency property located at 27500 Jefferson Avenue. This amendment would provide for a deferral of a portion of KIA World's lease payments. R: \Minutes. rda\012704 MOTION: Agency Member Stone moved to approve Consent Calendar Item Nos. 1 - 3. The motion was seconded by Agency Member Naggar and electronic vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT No comment. AGENCY MEMBERS' REPORTS No comments. ADJOURNMENT At 7:49 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, January 27, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] R:Winutes.rda\012704 TEMECULA PUBLIC FINANCING AUTHORITY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY NOVEMBER 18, 2003 A regular meeting of the City of Temecula Public Financing Authority was called to order at 7:31 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Pratt, Roberts, and Stone ABSENT: 1 AGENCY MEMBER: Naggar Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of October 22, 2003. MOTION: Agency Member Comerchero moved to approve Consent Calendar Item No. 1. The motion was second by Agency Member Pratt and voice vote reflected approval with the exception of Agency Member Naggar who was absent. AUTHORITY BUSINESS Community Facilities Districts Overview (At the request of Mayor Pro Tern Naggar) RECOMMENDATION: 2.1 Receive and file. By way of a PowerPoint presentation, Mr. Jim Fabian of Fieldman, Rolapp & Associates (City's Financial Advisor) introduced the City's financing team and addressed and provided clarification with regard to the formation of Community Facilities Districts. In response to questions by the Agency Members, the Financing Team responded as follows: • That when establishing bonding capacity for each District, the same criteria is used • That price point studies were completed for the various Districts within the City and that the same methodology was used for each District formed R: m inutes.tpfa\102803 • That the developer and the merchant builder have a different perspective with regard to bonding • That for the Roripaugh Ranch CFD, three different price point studies were conducted over the last nine months • That the Team has been available to the Roripaugh Ranch developer for meetings and conference calls • That the Team has been pursuing with the Roripaugh Ranch developer bifurcating the district into two improvement areas (Phase I and II), operating almost as two separate Districts except that they are linked in the form as to what improvements are being financed. Mr. Paul Thimmig, bond counsel, advised that if Roripaugh Ranch were to file a petition, the City would have 60 days to respond to either form a District or not. City Attorney Thorson noted that the Development Agreement and the conditions of approval require that before building permits are issued, the CFD must be in place and improvements must be financed -- a process which is consistent with all City projects. There being no objection of those present, the information was received and filed. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. TPFA 03-26 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE TEMECULA PUBLIC FINANCING AUTHORITY FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT AGREEMENT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS Director of Finance Roberts presented the staff report (as per agenda material). MOTION: Agency Member Comerchero moved to adopt Resolution No. TPFA 03-26. The motion was seconded by Agency Member Roberts and voice vote reflected approval with the exception of Agency Member Naggar who was absent. 4 Second Reading of Ordinance No. TPFA 03-02 (Wolf Creek) RECOMMENDATION: 4.1 Adopt an ordinance entitled: R: m inutes.tpfa\102803 ORDINANCE NO. TPFA 03-02 AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) MOTION: Agency Member Roberts moved to adopt Ordinance No. TPFA 03-02. The motion was seconded by Agency Member Comerchero and voice vote reflected approval with the exception of Agency Member Naggar who was absent. Thanking the Financing Team for its professional legal and consulting advise, Executive Director Nelson extended his appreciation for their informed PowerPoint presentation. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:58 P.M., the Temecula Public Financing Authority meeting was formally adjourned. Jeffrey E. Stone, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] Rnin utes.tpfa\102803 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY NOVEMBER 25, 2003 A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:01 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS: Comerchero, Naggar, Roberts, Washington, and Stone ABSENT: 0 AGENCY MEMBER: None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 28, 2003. MOTION: Agency Member Naggar moved to approve Consent Calendar Item No. 1. The motion was seconded by Agency Member Comerchero and voice vote reflected approval with the exception of Agency Member Washington who abstained. RECONVENE CITY COUNCIL MEETING AND COMMUNITY SERVICES DISTRICT MEETING 2 RECOMMENDATION: 2.1 That the City Council hold a public hearing regarding the proposed bond financing by the Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) of various public improvements and adopt the resolutions entitled: R:minutes.tpfa\112503 1 RESOLUTION NO. 03-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING FINDINGS WITH RESPECT TO AND APPROVING THE ISSUANCE OF BONDS BY THE TEMECULA PUBLIC FINANCING AUTHORITY — WOLF CREEK 03-03 RESOLUTION NO. 03-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING JOINT COMMUNITY FACILITIES AGREEMENTS RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND SERVICES AND IMPLEMENTATION OF ACQUISITION AGREEMENT — WOLF CREEK 2.2 That the Temecula Community Services District adopt the resolution entitled: RESOLUTION NO. CSD 03-20 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT APPROVING JOINT COMMUNITY FACILITIES AGREEMENT RELATING TO THE FINANCING OF PUBLIC IMPROVEMENTS AND SERVICES —WOLF CREEK 2.3 That the Public Financing Authority hold public hearings regarding the formation of the proposed Temecula Public Financing Authority Community Facilities District No. 03-03 (Wolf Creek) (the "CFD"), the levy of special taxes in the CFD, and the issuance of bonds by the Public Financing Authority for the CFD, and adopt the resolutions entitled: RESOLUTION NO TPFA 03-22 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT R:minutes.tpfa\112503 RESOLUTION NO. TPFA 03-23 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) AND SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT RESOLUTION NO. TPFA 03-24 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) 2.4 That the Public Financing Authority hold an election regarding the CFD, and adopt a resolution entitled: RESOLUTION NO. TPFA 03-25 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF THE SPECIAL ELECTION, AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN AND EXECUTION AND DELIVERY OF AN ACQUISITION AGREEMENT — WOLF CREEK 03-03 2.5 That the Public Financing Authority introduce and read by title only an ordinance entitled: ORDINANCE NO. TPFA 03-02 AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF CREEK) Finance Director Roberts reviewed the staff report (as per agenda material), commenting on the recommended action to form the Community Facilities District and noting that the bond will be secured by the land. At this time, the public hearing was opened. There being no public input, the hearing was closed. MOTION: Agency Member Naggar moved to approve staff recommendation 2.1. The motion was seconded by Agency Member Comerchero and voice vote reflected unanimous approval. R: minutes.tpfa\112503 At this time, the meeting was recessed in order for the City Manager/Executive Director to execute the Joint Community Facilities Agreement. At this time, the public hearing was opened. No written protests were filed. There being no public input, the public hearing was closed. MOTION: Agency Member Naggar moved to approve staff recommendation 2.2. The motion was seconded by Agency Member Washington and voice vote reflected unanimous approval. At this time, City Clerk Jones opened the four ballots and announced the following election results: PLC Harveston, LLC - 21 yes votes, Harveston LLC - 139 yes votes, Lennar Homes of California, Inc. - 13 yes votes, and LEN-Inland, LLC — 73 yes votes. MOTION: Agency Member Comerchero moved to approve staff recommendation 2.3. The motion was seconded by Agency Member Naggar and voice vote reflected unanimous approval. At this time, City Attorney Thorson introduced and read by title only Ordinance No. TPFA 03-03. MOTION: Agency Member Naggar moved to approve staff recommendation 2.4. The motion was seconded by Agency Member Roberts and voice vote reflected unanimous approval. At this time, the City Council meeting was recessed. EXECUTIVE DIRECTOR'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:09 P.M., the Temecula Public Financing Authority meeting was formally adjourned. Jeffrey E. Stone, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] R: m inutes.tpfa\112503 MINUTES OF A REGULAR MEETING OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECEMBER 16, 2003 A regular meeting of the City of Temecula Public Financing Authority was called to order at 8:50 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Naggar, Roberts, Washington, and Naggar ABSENT: 1 AGENCY MEMBER: Stone Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR Second Reading of Ordinance No. 03-03 (Harveston II) RECOMMENDATION: 1.1 Adopt an ordinance entitled: ORDINANCE NO. TPFA 03-03 AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 03-06 (HARVESTON II) MOTION: Agency Member Washington moved to adopt Ordinance No. TPFA 03-03. The motion was seconded by Agency Member Roberts and voice vote reflected approval with the exception of Chairman Stone who was absent. EXECUTIVE DIRECTOR'S REPORT No comment. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 8:50 P.M., the Temecula Public Financing Authority meeting was formally adjourned. R: min utes.tpfa\121603 Jeffrey E. Stone, Chairman ATTEST: Susan W. Jones, CIVIC City Clerk/Agency Secretary [SEAL] R: nn in u tes.tpfa\121603 ITEM 2 APPROVA CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER 1 TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Shawn D. Nelson, Executive Director FROM: Genie Roberts, Director of Finance 10T— DATE: February 10, 2004 SUBJECT: Authorizing Investment of Bond Proceeds in the Local Agency Investment Fund (LAIF) PREPARED BY: Polly von Richter, Financial Analyst W RECOMMENDATION: That the Temecula Public Financing Authority adopt a resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING INVESTMENT OF BOND PROCEEDS IN THE LOCAL AGENCY INVESTMENT FUND BACKGROUND: The Temecula Public Financing Authority has formed several community facilities districts ("CFD"s) to assist in the funding of various public improvements. According to the Official Statement for each financing, the City is permitted to invest the bond proceeds in various Permitted Investments such as the Local Agency Investment Fund (LAIF). The Local Agency Investment Fund is consistent with the City's investment policy that prioritizes safety and liquidity over yield. It is prohibited by state code from investing in certain derivative products such as inverse floaters. LAIF investment policy also puts constraints on the use of reverse repurchase agreements. Government Code Section 16429.3 states that "money placed with the State Treasurer for deposit in LAIF by cities, counties, or special districts shall not be subject to impoundment or seizure by any state official or state agency." Attached for your adoption is a resolution authorizing the appropriate staff to make changes to the LAIF account, as well as deposit and withdraw monies. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. TPFA 04- R:Won RichtOStaH Repons\Stafl Repon -TPFA LAIF.Coc RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING INVESTMENT OF BOND PROCEEDS IN THE LOCAL AGENCY INVESTMENT FUND THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Temecula Public Financing Authority does hereby find that pursuant to Chapter 730 of the statutes of 1976, Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer. Section 2. The Board of Directors does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein is in the best interests of the Temecula Public Financing Authority. Section 3. The Board of Directors does hereby authorize the deposit and withdrawal of Temecula Public Financing Authority monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. Section 4. The following Temecula Public Financing Authority officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Name Title Signature Shawn D. Nelson Executive Director James B. O'Grady Grant M. Yates Genie Roberts Assistant Executive Director Assistant to the Executive Director Director of Finance R ;von Richter;Resos and Ordinances\Reso - TPFA LAIF doc PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a regular meeting held on the 10'" day of February, 2004. Michael S. Naggar, Chairperson ATTEST: Susan W. Jones, CMC City Clerk / Authority Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk / Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 04-_ was duly adopted at a meeting of the Board of Directors of the Temecula Public Financing Authority on the 10th day of February, 2004, by the following roll call vote: AYES: 0 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 0 DIRECTORS: ABSTAIN: 0 DIRECTORS: Susan W. Jones, CMC City Clerk / Authority Secretary R:"Van Rlohter',Resos and Ordirances1Reso -TPFA LAIF-doc ITEM 3 CITY ATTORNEY DIR.OF FINANCE CITY MANAGER TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Temecula Public Financing Authority FROM: Executive Director Shawn Nelson DATE: February 10, 2004 SUBJECT: Use of Bond Proceeds to Reimburse Purchase Price of a Fire Truck — Proposed Community Facilities District No. 03-02 (Roripaugh Ranch) RECOMMENDATION: That the Authority adopt the resolution entitled: RESOLUTION NO. TPFA 04- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY EXPRESSING OFFICIAL INTENT REGARDING A CAPITAL EXPENDITURE TO BE REIMBURSED FROM PROCEEDS OF TAX-EXEMPT OBLIGATIONS BACKGROUND: Ashby USA, LLC ("Ashby") has requested that the Authority form a community facilities district (the "CFD") to finance various public improvements related to the Roripaugh Ranch development in the City of Temecula, along with the purchase of a fire truck. The financing is expected to be accomplished through the issuance of tax-exempt bonds of the Authority for the CFD. City Staff have been working with Ashby to process the CFD, but due to the complexity of the proposed CFD the proceedings to establish the CFD have not yet been completed. The City Council approved the purchase of a 100' Aerial Drawn Fire Truck on December 17, 2002 in the amount of $724,804. At that time, the funding identified for the purchase of the truck was the developer, Ashby who is funding the purchase thru the CFD. The fire truck was delivered to the City in January 2004 and payment will require an advance from the General Fund until such time as the CFD is finalized. Applicable Internal Revenue Service regulations for tax-exempt bonds require that the Authority adopt a resolution, within sixty -days of the date funds are expended to purchase the fire truck, expressing the intent of the Authority to reimburse the purchase price of the fire truck with the proceeds of tax-exempt bonds, if the purchase price is to be so reimbursed. If such a resolution is not adopted by the date which is sixty days after the expenditure is made to purchase the fire truck, the Authority may not be able to reimburse the expenditure from the tax-exempt bonds expected to be issued in the future for the CFD. AGENDA REPORT Temecula Public Financing Authority February 10, 2004 Page 2 Any bonds that may be issued by the Authority for the CFD will be payable solely from special taxes to be levied on property included within the boundaries of the CFD. Adoption of the Resolution will allow the flexibility to reimburse the purchase price of the fire truck with proceeds of tax-exempt bonds, if any, later issued by the Authority for the CFD. FISCAL IMPACT: The adoption of the Resolution will have no immediate fiscal impact on the Authority. It will allow the Authority the option to reimburse the cost of the purchase of the fire truck with the proceeds of tax-exempt bonds that may be issued in the future by the Authority for the CFD. The formation of the CFD and the issuance of any Bonds for the CFD must be approved by resolutions of the Authority, which are expected to be presented to the Authority later this year. Attachment: Resolution RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY EXPRESSING OFFICIAL INTENT REGARDING A CAPITAL EXPENDITURE TO BE REIMBURSED FROM PROCEEDS OF TAX-EXEMPT OBLIGATIONS WHEREAS, the Authority is considering the formation of a community facilities district (the "CFD") in the Roripaugh Ranch area of the City of Temecula to finance various public improvements, as well as the purchase of a fire truck; and WHEREAS, the fire truck has been ordered and is expected to be delivered in the near future, but the proceedings for the establishment of the CFD have been delayed due to the complexity of the CFD; and WHEREAS, it is expected that, if the CFD is formed, the Authority may authorize the issuance of bonds of the Authority for the CFD (the 'Bonds"), the interest on which will be excluded from the gross incomes of the owners of the Bond (i.e. tax-exempt bonds), to finance the improvements, and to reimburse the cost of the fire truck; and WHEREAS, in order to reimburse the cost of the fire truck with the proceeds of the Bonds, applicable Internal Revenue Service regulations require that the Authority adopt a resolution, no more than sixty days after the expenditure for the purchase of the fire truck has been made, expressing its intent to so reimburse the cost of the fire truck with the proceeds of the tax-exempt Bonds when and if they are issued. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Temecula Public Financing Authority as follows: Section 1. The Authority reasonably expects to reimburse the purchase price of the fire truck with proceeds of the Bonds to be issued by the Authority for the CFD. Section 2. The maximum principal amount of the portion of the Bonds expected to be issued for the purpose of reimbursing the cost of the fire truck is $725,000. Section 3. This Resolution is a declaration of official intent to reimburse expenditures pursuant to U.S. Treasury Regulations Section 1.150-2. Section 4. This Resolution shall in no way obligate the Authority to issue the Bonds for the CFD, and any such issuance shall be subject to the establishment of the CFD and the adoption of a resolution of the Authority expressly authorizing the issuance of the Bonds. Section 5. This Resolution shall take effect upon its adoption. PASSED, APPROVED AND ADOPTED, by the Board of Directors of the Temecula Public Financing Authority at a meeting held on the 10th day of February, 2004. Chairperson ATTEST: Susan W. Jones, CMC City Clerk/Authority Secretary STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, Secretary of the Temecula Public Financing Authority, HEREBY DO CERTIFY that the foregoing Resolution No. TPFA 04-_ was duly adopted at a special meeting of the Board of Directors of the Temecula Public Financing Authority on the 10th day of February, 2004, by the following vote: AYES: BOARDMEMBERS: NOES: BOARDMEMBERS: ABSENT: BOARDMEMBERS: ABSTAIN: BOARDMEMBERS: Susan W. Jones, CMC City Clerk/Authority Secretary -2- ITEM 18 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim O'Grady, Assistant City Manager. DATE: February 10, 2004 SUBJECT: Donation to Temecula Chaparral High School Platinum Sound Band (Requested by Councilmember Washington) RECOMMENDATION: That the City Council consider approval and appropriation of $2500 to assist the Chaparral High School Platinum Sound Band in attending the national World War II Veterans' Parade and Memorial Dedication ceremonies in Washington DC on May 29 through June 1, 2004. BACKGROUND: The Chaparral High School Platinum Sound Band has been invited to attend this important ceremony which will be witnessed by spectators from throughout the country and world. The Platinum Sound was invited after being seen at the 2003 Fiesta Bowl Parade and National Band Competition. The Band will be sending 110 musicians from Chaparral High School, Temecula Valley High School, Day Middle School, and Margarita Middle School. In addition to marching in the Veterans' Parade and Memorial Dedication, they are also expected to perform at other events, including the laying of the wreath at the tomb of the Unknown Soldier. Expenses for the Band's travel are expected to cost $120,000 and the band, the Arts Council, Rotary Club and others in the community are scheduling a number of fundraising events. Councilmember Washington is requesting that the City consider sponsorship in the amount of $2500 to assist the band in meeting their travel expenses. This invitation came subsequent to our traditional Community Support Funding cycle, and this is why the request is coming forward at this time. FISCAL IMPACT: Funding was not included in the FY 2003/04 budget for this purpose. If Council approves this request, Council would also need to appropriate $2500 (or other amount as approved by Council) from the Unallocated Reserves of the General Fund to Department 101, account 5267 ((Community Support - Community Services Funding) R10gradyMgend a ReporlalChapparal High School Band Donation - 02-10-04.doc REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA After completing, please retum to the City Clerk. Thank You. Date C� For Subject: I wish to speak on Agenda Item No. Against Address: Icity/State/Zip i!�4� Phone: If you are representing an organization or soup, please ve the name: r�? �,�1 �o� �n' � 4U o 7=v e_ The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please retum to the City Clerk. Thank You. Date I wish to speak on Agenda Item No. For Against Name: .--0 M Address: y/State/Zip-Wrf(RU A GS 1 Phone' If you are representing an organization or group, please give the name: The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date I wish to speak on Agenda Item No. $ • ' For Against Subject: `�O/`JA`I /%/J %z� S��/�}� C1iS ��il%/�r�c✓,-ti SO�.f✓�� :12' 06 2 H 42 G 7 r/ n! 3> Name: C R t< 4 /O 0?_0yJ /`) /� p Address: :1(,) Zip Phone: b/�o� — are representing an organization or group Please give the name: C i s %�1� T-11y a e+ J (2 The Mayor or presiding officer will call your name when the matter comes up. Please go the public podium and state your name and address for the record.