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072704 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 27, 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. Next in Order: Ordinance: No. 2004-07 Resolution: No. 2004-84 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Kenji Misako Invocation: Pastor Steve Struikmans of Rancho Community Church Flag Salute: Mayor Pro Tern Jeff Comerchero ROLL CALL: Comerchero, Roberts, Stone, Washington, Naggar PRESENTATIONS/PROCLAMATIONS Kaitivn's Law Awareness Month Proclamation National Kids Day Proclamation Certificates of Achievement to Cary Crall, Alex Geyer, Justin Golledge, Tim Hope, Kyle Schrock, Steven Squire for attaining the rank of Eagle Scout 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. R:/Agenda/072704 For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior 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. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of July 13, 2004. 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 Records Destruction Approval RECOMMENDATION: 4.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. R:/Agenda/072704 2 5 7 Recreation Software Upgrade — Licensing, Hardware, Installation, and Maintenance RECOMMENDATION: 5.1 Authorize the purchase agreement with Active Network for the recreation software upgrade in the amount of $44,141.97. RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 25892 =919 u] � TNE4 GI_woffiN 7.1 Award a construction contract for Traffic Signal Installations at the Meadows Parkway/La Serena Way and Meadows Parkway/Rancho Vista Road intersections - Project Nos. PW03-07 and PW03-08 - to DBX, Inc. in the amount of $329,040.00 and authorize the Mayor to execute the contract; 7.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $32,904.00 which is equal to 10% of the contract amount; 7.3 Approve the appropriation of $72,494.00 from State Transportation Funds (Fund 101). RECOMMENDATION: 8.1 Approve the Reimbursement Agreement between the City of Temecula and Rancho California Water District for the State Route 79 South Sidewalk Improvement Project - Project No. PW01-02 - for the amount of $10,500.00 and authorize the Mayor to execute the agreement. R:/Agenda/072704 9 Completion and Acceptance of the Pechanga Parkway Soundwall Improvements — Proiect No. PW99-11 SW RECOMMENDATION: 9.1 Accept the construction of the Pechanga Parkway Soundwall Improvements - Project No. PW99 -11SW as complete; 9.2 Direct the City Clerk to file the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 9.3 Release the Labor and Materials Bond seven months after the filing of the Notice of Completion if no liens have been filed. 10 Amendment No. 1 to Professional Services Agreement for Geotechnical and Material Testing Services — LOR Geotechnical Group, Inc.. Pechanga Parkway Phase 1113- Storm Drain Improvements (Wolf Valley Creek Channel) - Proiect No. PW99-11 CH RECOMMENDATION: 10.1 Approve Amendment No. 1 to the agreement with LOR Geotechnical Group, Inc. in an amount not to exceed $54,570.00 to provide as needed geotechnical and material testing services for the Pechanga Parkway Phase 1113 Storm Drain Improvements (Wolf Valley Creek Channel — Stage 2) - Project No. PW99-11CH - and authorize the City Manager to execute the agreement. 10.2 Increase the City Manager's authority to approve amendments to the original agreement by $5,457.00 which will allow for a total contingency amount of $13,326.00, which is equal to 10% of the total amount of the agreement. 11 Promenade Mall Storefront Lease Agreement RECOMMENDATION: 11.1 Approve the lease agreement for a Police Department storefront facility in the Promenade Mall beginning July 14, 2004 and terminating after a five-year period. 12 Seventh Amendment to Agreement for Law Enforcement Services RECOMMENDATION: 12.1 Approve Amendment No. 7 to the agreement for law enforcement services between the County of Riverside and the City of Temecula to include hiring four additional officers. 13 Appointing the City Treasurer and confirming the authority of the City Treasurer RECOMMENDATION: 13.1 Adopt a resolution entitled: R:/Agenda/072704 RESOLUTION NO.04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY TREASURER AND CONFIRMING THE AUTHORITY OF THE CITY TREASURER 14 City Treasurer's Statement of Investment Policy RECOMMENDATION: 14.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity, and yield for City funds. 15 Authorization to Execute the Supplemental Agreement for the Fiscal Year 2004-05 Community Development Block Grant Funds RECOMMENDATION: 15.1 Authorize the Mayor to execute the Supplemental Agreement for fiscal year 2004-05 Community Development Block Grant Funds. 16 California Department of Justice — Drug and Alcohol Analysis RECOMMENDATION: 16.1 Authorize the City Manager to approve an additional expenditure of $20,000.00 from the Police Department budget to purchase services from the California Department of Justice for Drug and Alcohol analysis for Fiscal Year 2003-2004. 17 Amendment to Sales Tax Audit Agreement RECOMMENDATION: 17.1 Approve Amendment No. 5 to the Sales Tax Consulting Services and Recovery Agreement with Hinderliter De Llamas and Associates for $8,000. RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:/Agenda/072704 Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-11 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 July 13, 2004. 2 Approval of the Plans and Specifications and authorization to solicit Construction Bids for Project No. PW04-10CSD - Veteran's Memorial Project RECOMMENDATION: 2.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW04-10CSD - Veteran's Memorial Project. R:/Agenda/072704 Acceptance of Landscape Bonds and Agreements for Tract Map No. 29133 RECOMMENDATION: 3.1 Accept the agreement and surety bonds from Gallery Traditions Partners, LLC to improve the perimeter slopes and parkways along Ynez Road and Open Space Lot 9 within Tract Map No. 29133. Japanese Garden at the Temecula Duck Pond RECOMMENDATION: 4.1 Approve the conceptual master plan in its substantial form for the Nakayama Garden at the Temecula Duck Pond. DISTRICT BUSINESS 5 Naming of Wolf Creek Park Site 1:13K�]��L�I_�ilJ�[�P►A 5.1 Approve the name "Wolf Creek Park" for a six -acre park site in the Wolf Creek Development as recommended by the Community Services Commission. DEPARTMENTAL REPORTS DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, August 10, 2004, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:/Agenda/072704 Next in Order: Ordinance: No. RDA 2004-01 Resolution: No. RDA 2004-09 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL AGENCY MEMBERS: Naggar, Roberts, Stone, Washington, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR PA Minutes RECOMMENDATION: 1.1 Approve the minutes of July 13, 2004. Corporation RECOMMENDATION: 2.1 Authorize the Executive Director to approve an extension of performance dates for issuance of building permits and certificate of occupancy as outlined in a letter from Guidant dated July 13, 2004. R:/Agenda/072704 DEPARTMENTAL REPORT AGENCY MEMBERV REPORTS ADJOURNMENT Next regular meeting: Tuesday, August 10, 2004, 7:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. R:/Agenda/072704 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public Hearing or may appear and be heard in support of or in opposition to the Approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 18 Amendment to the TMC Chapter 15.16 (Fire Sprinkler Exemption) (Continued from the July 13, 2004 City Council meeting.) RECOMMENDATION: 18.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA. AMENDING SUBSECTION 15.16.020.S1 OF CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE TO CONDITIONALLY EXEMPT OPEN BARN STRUCTURES FROM THE REQUIREMENT FOR FIRE SPRINKLERS DEPARTMENTAL REPORT CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next meeting: Joint City Council/Planning Commission Meeting, Tuesday, August 10, 2004, at 5:00 P.M., City Council Chambers. Next regular City Council Meeting, Tuesday, August 10, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. R:/Agenda/072704 10 PROCLAMATIONS AND PRESENTATIONS The City of Temecula PROCLAMATION WHEREAS, Kaitlyn's Law was created and named in memoriam of Kaitlyn Marie Russell; and WHEREAS, the California State Legislature passed "Kaitlyn's Law", The Unattended Child in Motor Vehicle Act, effective January 1, 2002; and WHEREAS, Kaitlyn's Law makes it an infraction, punishable by a fine of $100 for any parent, legal guardian, or other person responsible for a child six years of age or younger, to leave that child unattended in a motor vehicle without the supervision of someone at least 12 years of age or older; and exy WHEREAS, the Temecula Police and Fire Departments have actively engaged in a Kaitlyn's Law public safety campaign. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, hereby proclaim August, 2004 "Kaidyn's Law Awareness Month" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 27`" day of July, 2004. Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk The City of Temecula PROCLAMATION WHEREAS, the children of the City of Temecula are the foundation on which our future success is built; and WHEREAS, children seek parents, mentors, and friends to aid them in reaching important goals; and WHEREAS, families and communities play vital roles in helping children develop a positive self image, sense of belonging, and a sense of competence; and WHEREAS, National Kids Day is a special day set aside each year to encourage and remind adults that the meaningful time they share with children is important to their development. WHEREAS, The National Kids Day Alliance, comprised of Boys & Girls Clubs of America and other leading youth serving organizations, together reach millions of youth via their services and community involvement. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, hereby proclaim August 7, 2004, as "National Kids Day" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 27`h day of July, 2004. Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Cary Crall Of Troop #624 We congratulate Cary for his achievement on receiving the rank of Eagle Scout. We are proud to present Cary with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 27 ° day of July, 2004. Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk Fir The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Alex Geyer Of Troop #624 We congratulate Alex for his achievement on receiving the rank of Eagle Scout. We are proud to present Alex with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 27a day of July, 2004. Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Justin Golledge Of Troop #624 We congratulate Justin for his achievement on receiving the rank of Eagle Scout. We are proud to present Justin with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 27 s day of July, 2004. Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Tim Hope Of Troop #624 We congratulate Tim for his achievement on receiving the rank of Eagle Scout. We are proud to present Tim with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 27" day of July, 2004. Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Kyle Schrock Of Troop #624 We congratulate Kyle for his achievement on receiving the rank of Eagle Scout. We are proud to present Kyle with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 27th day of July, 2004. Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk The City of Temecula Certificate of Achievement The City Council of the City of Temecula commends the outstanding achievement of Steven Squire Of Troop #624 We congratulate Steven for his achievement on receiving the rank of Eagle Scout. We are proud to present Steven with this Award, and we wish him success in his future accomplishments. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this 27 h day of July, 2004. Michael S. Naggar, Mayor Susan W. Jones, CMC, City Clerk ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JULY 13, 2004 The City Council convened in Closed Session at 6:15 P.M. and in Open Session at 7:00 P.M., on Tuesday, June 22, 2004, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: 4 Councilmembers: Comerchero, Roberts, Stone, and Washington Absent: PRELUDE MUSIC Councilmember: Naggar The prelude music was provided by Mario Cuaresma. INVOCATION The invocation was given by Rabbi Hurwitz of Chabad of Temecula Valley PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Councilman Washington. PRESENTATION/PROCLAMATIONS None PUBLIC COMMENTS Jon Laskin, representing the Temecula Valley Cultural Arts/Music Education Center, thanked the City Council for their support, and invited the Council and the public to attend the first Temecula Valley International Jazz Festival, scheduled for July 17"i and 181h Meredith Bryant of Temecula requested the City address the problem of illegal fireworks within the community. On behalf of the Arts Council of Temecula Valley, Charles Araujo presented the City Council with a beautifully framed, Arts in the Country Festival Poster. He further thanked the City for their continued supports of Arts in the community. CITY COUNCIL REPORTS A. With the recent celebration of the Fourth of July, Councilman Roberts thanked Community Services Director Herman Parker for the spectacular fireworks display and the related community events. B. Councilman Washington, expressing his happiness to be back in Temecula, explaining his absence for the past two City Council Meetings, because of his Delta Airline training in R:Winutesk071304 Atlanta for the past five weeks. He thanked all those involved in the Grand Opening of the Children's Museum, and also the Mayor's Ball, both of which he was able to attend on weekends during this period. C. Councilman Stone reported that the Library Sub -committee met and he is happy to report that the plans of the library are in the final stages with the State of California, after which the City will be able to go out to bid on the greatly anticipated new Temecula Library. Discussing his recent election to the Riverside County Board of Supervisors, Councilman Stone reported he plans to formally resign from the Temecula City Council on January 1, 2005, and requested the City Attorney bring forward a staff report listing alternatives for the City Council in filling this position, so that all options may be explored. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of May 20, 2004 (Budget Workshop) — continued from the meeting of June 22, 2004; (Councilman Roberts abstained) 2.2 Approve the minutes of June 8, 2004; (Councilman Washington abstained) 2.3 Approve the minutes of June 22, 2004. (Councilman Washington abstained) 3 Resolution approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO.04-79 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 as of Mav 28 2004 RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of May 28, 2004. RAMinutes\071304 2 RECOMMENDATION: 5.1 Approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for the Roripaugh Ranch Fire Station, Project No. PW03-01. 6 Second Amendment — RECOMMENDATION: 6.1 Approve the Second Amendment to the Professional Services Agreement with STK Architecture, Inc. in an amount not to exceed $102,088.00 to provide re -design services for the Fire Station Wolf Creek Site, Project No. PW01-11, within the planned Wolf Creek Development and authorize the Mayor to execute the amendment. Standard Pacific will fund the cost of the re -design and any increase to construction costs attributable to the new design. This item was continued off calendar. Approve Sponsorship Request for the 2004 Temecula Valley International Jazz Festival RECOMMENDATION: 7.1 Approve the funding request in the amount of $10,000 cash, city -support costs in the amount up to $2,000, and no charge for the use of the Community Recreation Center Amphitheater for the Temecula Valley International Jazz Festival; 7.2 Approve the sponsorship agreement with the Temecula Valley International Jazz Festival and authorize the Mayor to execute the agreement. Authorization of Special Tax Levy in Community Facilities District No. 88-12 (Ynez Corridor RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO 04-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 88-12 (YNEZ CORRIDOR) R:wlinutes\071304 9 Professional Services Agreement for Annual Administration of CFDs/AD RECOMMENDATION: 9.1 Approve a one-year professional services agreement for debt service administration for Fiscal Year 2004-2005 for the City's Community Facilities Districts and Assessment District in the amount of $48,000.00. 10 First Amendment — 11 RECOMMENDATION: 10.1 Approve the Facilities Plan for the City's future Maintenance Facility Expansion (Field Operations Center); 10.2 Approve the First Amendment to the Professional Services Agreement with Richard Brady & Associates, Inc. for an amount not to exceed $541,164.00 to provide design services (schematic design, design development and construction drawings) for the Field Operations Center (Maintenance Facility Expansion), Project No. PW03-06 and authorize the Mayor to execute the amendment; 10.3 Authorize the City Manager to approve Amendments not to exceed the contingency amount of $54,116.40 which is equal to 10% of the amendment amount. RECOMMENDATION: 11.1 Appropriate $135,000 in General Fund Reserves to fund a contract change order (CCO) compensating McLaughlin Engineering and Mining, Inc. for a negotiated settlement to excessive delays to the contract; 11.2 Authorize the City Manager to approve the contract change order with McLaughlin Engineering and Mining, Inc., as compensation for delays experienced during the course of the John Warner Road project. 12 Engineering Plan Check. Map and Legal Description Review, Fiscal Year 2004-2005 — KRW & Associates RECOMMENDATION: 12.1 Approve the agreement for Engineering Plan Check, Map and Legal Description Review for Fiscal Year 2004-2005 with KRW & Associates for an amount not to exceed $50,000.00, and authorize the Mayor to execute the agreement. RAMinutes\071304 13 Winchester Road Widening at Jefferson Intersection, Proiect No. PW00-27 Acquisition Agreement, APN 909-271-043 14 15 RECOMMENDATION: 13.1 Approve and authorize the Mayor to execute in substantially the form attached hereto, the Agreement of Purchase and Sale between the City of Temecula and Mike and Lora Elese Bouris, trustees, 70% interest, Gwen N. Bouris, 20% interest and Scott C. and Lynette L. Montgomery, 10% interest, for the acquisition of certain real property in the amount of $81,128.00 plus the associated escrow fees; 13.2 Adopt a resolution entitled: RESOLUTION NO. 04-81 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 13.3 Direct the City Clerk to record the document. RECOMMENDATION: 14.1 Accept substitute Subdivision Improvement Agreement and Subdivision Faithful Performance and Labor & Materials Bonds as security for improvements and labor and materials for Tract Map 29133; 14.2 Authorize the release of the existing Faithful Performance and Labor & Materials Bonds for Tract Map 29133; 14.3 Direct the City Clerk to so advise the developer and surety RECOMMENDATION: 15.1 Approve Tract Map No. 29798-9, -10 & F in conformance with the Conditions of Approval; 15.2 Approve Subdivision Improvement Agreement; 15.3 Approve Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. RAMinutes\071304 16 17 RECOMMENDATION: 16.1 Approve Parcel Map No. 30797 in conformance with the Conditions of Approval; 16.2 Approve Subdivision Improvement Agreement; 16.3 Approve Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 04-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL PROTECTION BOND ACT OF 2002 18 Fire/EMS Protection Agreement for Fiscal Year 2004-05 RECOMMENDATION: 18.1 Approve the amended Exhibit "A" to the Fire Protection Agreement for Fiscal Year 2004-05. 19 Fiscal Year 2004-05 Economic Development Operating/Marketing Agreements RECOMMENDATION: 19.1 Approve the operating/marketing agreements and authorize the Mayor to execute the agreements with the following organizations: • The Temecula Valley Chamber of Commerce in the amount of $148,000. The Economic Development Corporation of Southwest Riverside County in the amount of $22,500. R:Vulinutes\071304 • The Southwest California Economic Alliance two-year contract in the amount of $150,000 allocating $75,000 for FY2004-05 and $75,000 for FY2005-06 (subject to Cities' and County satisfaction). Item No. 19 was removed from the Consent Calendar for separate action. 20 Support of Assembly Bill 2430 (Wiggins) — Commercial Air Carriers RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 04-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING ASSEMBLY BILL 2430 (WIGGINS) WHICH WOULD EXCLUDE TRANSPORTATION BY HOT AIR BALLOON FOR ENTERTAINMENT OR RECREATIONAL PURPOSES FROM THE DEFINITIONS OF "COMMERCIAL AIR OPERATOR," AND "AIRCRAFT" UNDER PUC CODE SECTIONS 5500-5512 21 Prescribed Burning Project Agreement RECOMMENDATION: 21.1 Approve and direct the City Manager to sign the agreement. 22 Agreement for Consulting Services Between the City of Temecula and PELA 23 RECOMMENDATION: 22.1 Approve a contract with PELA for landscape plan check and inspection consulting services in the amount of $100,000.00. RECOMMENDATION: 23.1 Approve a contract amendment with RRM for a one-year extension to June 30, 2005. MOTION: Councilman Stone moved to approve Consent Calendar Item Nos. 1-18 (continuing Item No. 6 off calendar) and Item Nos. 20-23. Councilman Roberts seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent; Councilman Roberts who abstained with regard to Item No. 2.1 (Minutes of May 20, 2004); and Councilman Washington who abstained with regard to Item No. 2.2 and 2.3 (Minutes of June 8, and June 22, 2004). RAMinutes\071304 Councilman Roberts expressed his concern that parody should exist between the City of Temecula and the City of Murrieta with respect to the level of funding provided. He noted that Temecula is contributing in the amount of $150,000, while the City of Temecula is only participating at the $75,000 level, and the City of Lake Elsinore at even a lower funding. He suggested that after this two-year commitment, the two cities should participate at an equal funding level. Councilman Washington agreed, stating that especially in view of the improved economic state of the City of Murrieta, and a greater population than the City of Temecula, each City should take an active and fair -share role in the economic development of this region. MOTION: Councilman Washington moved to approve staff recommendation, with the stipulation that future consideration of funding of Economic Development be based on a "fair -share" basis. Councilman Stone seconded the motion and electronic vote reflected approval with the exception of Mayor Naggar who was absent. At 7:26 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority. At 7:30 P.M., the City Council resumed with regular business. PUBLIC HEARINGS 24 Amendment to the TMC Chapter 15 (Fire Sprinkler Exemption) RECOMMENDATION: 24.1 Continue the public hearing to the meeting of July 27, 2004. MOTION: Councilman Stone moved to open the public hearing and continue it to the meeting of July 27, 2004. The motion was seconded by Councilman Roberts and electronic vote reflected approval with the exception of Mayor Naggar who was absent. CITY MANAGER'S REPORT No comments. CITY ATTORNEY'S REPORT With regard to Closed Session, City Attorney Thorson advised that there were no actions to report from Closed Session. RAMinutes\071304 ADJOURNMENT At 7:31 P.M., the City Council meeting was formally adjourned to a regular meeting on Tuesday, July 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] RAMinutes\071304 ITEM 3 RESOLUTION NO. 04-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT 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 $2,438,480.35. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 27'" day of July, 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] R:/Resos 2004/Resos 04- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 04- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 27`" day of July, 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 07/08/04 TOTAL CHECK RUN: $ 644,238.23 07/15/04 TOTAL CHECK RUN: 1,407,826.44 07/15/04 TOTAL PAYROLL RUN: 386,415.68 TOTAL LIST OF DEMANDS FOR 07/27/04 COUNCIL MEETING: $ 2,438,480.35 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 1,248,248.90 140 COMMUNITY DEV BLOCK GRANT 7,500.00 165 RDA DEV-LOW/MOD SET ASIDE 16,901.39 190 COMMUNITY SERVICES DISTRICT 267,410.91 192 TCSD SERVICE LEVEL B 43,098.39 193 TCSD SERVICE LEVEL C 48,298.79 194 TCSD SERVICE LEVEL D 11,525.57 210 CAPITAL IMPROVEMENT PROJ. FUND 350,738.51 274 CFD 88.12 ADMIN EXPENSE FUND 700.00 280 REDEVELOPMENT AGENCY-CIP 2,825.22 300 INSURANCE FUND 2,606.20 320 INFORMATION SYSTEMS 30,800.10 330 SUPPORTSERVICES 6,188.33 340 FACILITIES 15,222.36 $ 2,052,064.67 100 GENERAL FUND $ 239,374.83 165 RDA-LOW/MOD SET ASIDE 5,417.70 190 COMMUNITY SERVICES DISTRICT 99,567.21 192 TCSD SERVICE LEVEL B 110.31 193 TCSD SERVICE LEVEL C 6,177.79 194 TCSD SERVICE LEVEL D 805.03 280 REDEVELOPMENT AGENCY-CIP 2,312.95 300 INSURANCE FUND 1,055.40 320 INFORMATION SYSTEMS 22,848.20 330 SUPPORT SERVICES 1,738.12 340 FACILITIES 7,008.14 386,415.68 TOTAL BY FUND: $ 2,438,480.35 PREPA DBY DADA YO ,A�TING SPECIALIST I , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. G-tNIE ROBERTS,��DIRECTOR OF FINNAN E I `✓k%Ly-4 /'; V N^+y 1 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. I SHAWN/ �LSON, CITY MANAGER V apChkLst Final Check List Page: 1 07/08/2004 3:26:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check If Date Vendor Description Amount Paid Check Total 349 07/08/2004 000444 INSTATAX (EDD) UnemploymentlEmployment tmg tax 7,567.89 7,667.89 92940 07/08/2004 000434 ACCELA.COM Permits Plus revises fee structure svcs 2,960.00 2,960.00 92941 07/08/2004 003679 AEI CASC ENGINEERING Consultant to design Jefferson Ave 12,130.23 12,130.23 92942 07/08/2004 005735 AEROSURF INC Jul/Aug/Sept Internet svcs 299.70 299.70 92943 07/08/2004 006915 ALLIE'S PARTY EQUIPMENT Party equip rental:C.Museum Opening 1,206.01 4th of July parry rental equip 468.31 Wstm Days party rental equip 251.96 1,926.28 92944 07/08/2004 004240 AMERICAN FORENSIC NURSES DUI drug & alcohol screening svcs 308.00 DUI drug & alcohol screening svcs 60.00 368.00 92945 07/08/2004 000747 AMERICAN PLANNING ASSOCI Membership: Dan Long 145698 230.00 230.00 92946 07/08/2004 000936 AMERICAN RED CROSS Jr lifeguard books/Certifications 16.00 Jr lifeguard books/Certifications 8.00 24.00 92947 07/08/2004 000101 APPLE ONE, INC. Temp help PPE 6/19 NS/SW 1,258.40 Temp help PPE 6119 Lee 884.40 Temp help PPE 6/19 Medina 471.90 Temp help PPE 6/19 Alexander 363.00 2,977.70 92948 07/08/2004 001561 ARCH WIRELESS Jun -Sept paging/rental svcs 590.99 590.99 92949 07/08/2004 001323 ARROWHEAD WATER INC Bottled wtr servs 0 City Hall 336.42 Bottled wtr servs 0 SMART prgm 210.62 Bottled wtr servs 0 West Wing 168.98 Bottled wtr servs @ CRC 117.72 Bottled wtr servs @ T.Museum 32.41 Bottled wtr servs @ Skate Park 17.02 883.17 92950 07/Oat2004 003203 ARTISTIC EMBROIDERY Summer concert merchandise 1,066.73 1,066.73 92951 07/08/2004 005891 ASPEN PUBLISHERS, INC Payroll Mgr Ltr:1 yr subscription 238.16 238.16 92952 0710a/2004 002648 AUTO CLUB OF SOUTHERN CA Membership: Adkisson-Flohr 885517 44.00 44.00 92953 07/08/2004 006721 BOISE CASCADE OFFICE Office Supplies: Code Enforcement 48.69 48.69 Page:1 apChkLst Final Check List Page: 2 07/08/2004 3:26:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 92954 07/08/2004 006565 BRANDT, MATT Reimb: EMS Conf:6/9-11/04 49.72 49.72 92955 07/08/2004 007844 BROWNING, HEATHER Refund: Smart Excursions 25.00 25.00 92956 07/08/2004 002103 C A P I O Membership: Aaron Adams 175.00 175.00 92957 07/08/2004 006908 C C & COMPANY INC Summer concert series entertainment 562.50 Summer concert series entertainment 337.50 900.00 92958 07/013/2004 004621 C-18 INC Citywide Street Striping Prjt 63,435.41 63,435.41 92959 0710a/2004 005071 CALIF ASSN OF PARKS Membership:5 CSD Commissioners 165.00 165.00 92960 07/08/2004 006614 CALIF CITY MANAGEMENT CCMF Membership: Nelson, Shawn 300.00 300.00 92961 07/08/2004 006485 CALIF DEPT OF ENVIRON EPA generator fees:CH/CRC/Stn 84 675.00 675.00 92962 07/08/2004 001267 CALIF DEPT OF MOTOR Registration renewal: 4TRH912 187.00 187.00 92963 07/08/2004 000486 CALIF MUNI REVENUE & TAX A And CMRTA Sem:10/19-22:Smith,Z. 150.00 150.00 92964 07/08/2004 000152 CALIF PARKS & RECREATION S Membership: Julie Crowe -Pelletier 01 130.00 Membership: Kevin Harrington 24449 125.00 255.00 92965 07/08/2004 002520 CALIF T'S SCREENPRINTING Citizen Corps Windbreaker Jackets 1,954.05 Sweatshirts: Citizen Corp 1,254.21 Temecula Citizen Corps T-shirts 782.26 Embroidery svcs for RDA 34.48 4,025.00 92966 07/08/2004 007843 CALVARY CHAPEL BIBLE Refund: Security Depst Picnic Shelter 100.00 100.00 92967 07/08/2004 003979 CALVARY CHAPEL OF MURRIE Refund: Security Depst Picnic Shelter 100.00 100.00 92968 07/08/2004 004971 CANON FINANCIAL SERVICES, June lease pmt for Sm 12 Copier 69.96 69.96 92969 07/08/2004 006622 CHEMICON INTERNATIONAL, I Refund: Security Depst Picnic Shelter 100.00 100.00 92970 07/08/2004 006380 CHURCH OF RELIGIOUS SCIE Refund: Security Depst Picnic Shelter 100.00 100.00 Page2 apChkLst Final Check List Page: 3 07/08/2004 3:26:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 92971 07/08/2004 007854 CLARY, JOHN Reimb: EMS Conf:6/9-11/04 99.18 99.18 92972 07/08/2004 005708 CLEAR CHANNEL BROADCASTI Broadcasting street painting festival 500.00 500.00 92973 07/08/2004 006303 CONDUIT NETWORKS, INC Troubleshooting city's network 450.00 450.00 92974 07/08/2004 002945 CONSOLIDATED ELECTRICAL Electrical supplies for C.Museum 125.03 125.03 92975 07/08/2004 003986 COZAD & FOX INC Comm. Theater land survey Svcs 4,880.00 Comm.Theater storm drain design 2,250.00 7,130.00 92976 07/08/2004 006954 CRAFTSMEN PLUMBING & HVA CRC plumbing repairs 728.51 Repair leaking drain @ TES pool site 210.00 938.51 92977 07/08/2004 005567 CUSTOM GEAR AND INK '04 Basketball t-shirt awards 112.80 112.80 92978 07/OW2004 005001 CYSTIC FIBROSIS FOUNDATIO Refund: Security Depst Picnic Shelter 100.00 100.00 92979 07/08/2004 001393 DATA TICKET INC May parking citation processing Svcs 427.61 427.61 92980 07/08/2004 003786 DENDY REAL ESTATE DI reimbursement fee 2,200.00 2,200.00 92981 07/08/2004 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 504.00 504.00 92982 07/08/2004 007785 DEYO, BRYAN Reimb: EMS Conf:6/9-11/04 65.73 65.73 92983 07/08/2004 003945 DIAMOND ENVIRONMENTAL 4th of July portable restrooms 1,799.68 Credit: Overpaid Invoice -157.33 1,642.35 92984 07/08/2004 002701 DIVERSIFIED RISK June special events premiums 1,262.41 1,262.41 92985 071O1112004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: TCSD 61343 1,105.83 Fuel for city vehicles: PW Mntc 61353 489.21 Fuel for city vehicles:Land Devel 6134 350.66 Fuel for city vehicles: B&S 61348 308.69 Fuel for city vehicles: Planning 61347 137.21 Fuel for city vehicles: Trffc 61953 127.75 Fuel for city vehicles: Planning 61384 67.67 2,587.02 92986 07/08/2004 003754 DOWNTOWN IDEA EXCHANGE 1 yr Subscription: Planning Dept 174.50 174.50 Page3 apChkLst Final Check List Page: 4 07/08/2004 3:26:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 92987 07/O1112004 001669 DUNN EDWARDS CORPORATI PW supplies for graffiti removal 48.49 48.49 92988 07/08/2004 005052 EMCOR SERVICE 92989 07/08/2004 003171 EMPIRE ECONOMICS LLC 92990 07/08/2004 000164 ESGIL CORPORATION 92991 07/08/2004 001056 EXCEL LANDSCAPE 92992 07/O1112004 000165 FEDERAL EXPRESS INC 92993 07/08/2004 003397 FIRE ENGINEERING 92994 07/08/2004 003174 FIREHOUSE MAGAZINE 92995 07/08/2004 002528 GLASS BLASTERS INC H.V.A.C. repair @ C.Museum H.V.A.C. repair @ City Hall Mrkt Absorption:Harveston II CFD May B&S plan check svcs Feb Idscp impr: Comm. Ctr May Idscp impr: Comm. Facilities Express mail services 1 yr subscription for Stn 92 1 yr subscription for Stn 92 New employee beverage mugs 92996 07/08/2004 000711 GRAPHICS UNLIMITED LITHOG C.Museum brochure printing 92997 07/08/2004 004053 HABITAT W EST INC June Lg Cnyn Basin Mntc 92998 07/O1112004 000186 HANKS HARDWARE INC Hardware supplies: Parks Hardware supplies: C.Museum Hardware supplies: Info System Hardware supplies: SMART prgm Hardware supplies: Aquatics Hardware supplies: B&S Hardware supplies: CRC Hardware supplies: Fire Hardware supplies: PW Sir Mntc Hardware supplies: Aquatics Hardware supplies: Sr Ctr Exhibit supplies: T. Museum Hardware supplies: PW Sir Mntc 92999 07/08/2004 007733 HELEN WOODWARD ANIMAL C 04/01 Outreach youth prgm 0 TCC 93000 07/08/2004 007618 HOT AUGUST NIGHT Entertainment: Summer Concert serie 367.89 134.11 4,000.00 4,926.50 158.75 65.00 177.87 19.95 30.00 84.05 1,064.57 558.33 817.71 726.28 301.54 237.88 232.15 229.00 113.96 104.74 90.07 77.00 41.06 24.91 13.23 1,200.00 502.00 4,000.00 4,926.50 223.75 177.87 19.95 30.00 84.05 1,064.57 558.33 3,009.53 80.00 1,200.00 PageR apChkLst 07/08/2004 3:26:06PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check p Date Vendor Description Amount Paid Check Total 93001 07/08/2004 007850 HURLEY, CINDY Refund:Toddler Swim Lessons 30.00 30.00 93002 07/08/2004 004911 IMBSEN & ASSOCIATES INC May -Jun Ynez Bridge design review s 2,322.25 2,322.25 93003 07/08/2004 001351 INLAND EMPIRE ECONOMIC PA 04/05 Tourism Membership dues 1,000.00 1,000.00 93004 07/08/2004 006713 INTEGRATED MEDIA SYSTEMS Stn 84 audiolvisual trng room upgrade 4,746.27 4,746.27 93005 07/08/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 351.49 351.49 93006 07/08/2004 007846 ISHERWOOD, DEBRA Refund: Tennis Camp Kids 20.00 20.00 93007 07/08/2004 004265 JEWELL FENCE COMPANY Res Imp Prgm: Lord, Jeff & Kim 4,000.50 4,000.60 93008 07/08/2004 007847 JOHNSON, TINA Refund: Smart Excursions 85.00 85.00 93009 07/0a/2004 004891 KANIGOWSKI, JERZY EE Computer Purchase Program 1,799.40 1,799.40 93010 07/08/2004 000945 L P S COMPUTER SERVICE HP printer repair: Info System 373.53 373.53 93011 07/08/2004 005328 LAMBS FELLOWSHIP OF TEME Refund: Security Depst Picnic Shelter 100.00 100.00 93012 07/08/2004 000210 LEAGUE OF CALIF CITIES Annl League Cf:Yates:9/17-19 390.00 390.00 93013 07/08/2004 004412 LEANDER, KERRY D. TCSD instructor earnings 1,296.00 1,296.00 93014 07/08/2004 004070 LITTLE TIKES COMMERCIAL PL Play equip parts:Temeku Hills 139.61 139.61 93015 07/08/2004 000213 LOCAL GOVERNMENT COMMIS Membership: Gary Thornhill 4905 75.00 75.00 93016 07/08/2004 004087 LOWES Hardware supplies: C.Museum 107.92 Hardware supplies: C.Museum 7.41 115.33 93017 07/08/2004 007845 LUTGE, TERESA Refund: Kids Luv Soccer 84.00 84.00 93018 07/O1112004 004068 MANALILI, AILEEN TCSD Instructor Earnings 437.51 437.51 Pages apChkLst Final Check List Page: 6 07/08/2004 3:26:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 93019 07/08/2004 007842 MARABEH, IBRAHIM (Continued) Description Amount Paid Check Total Refund:Sec. Deposit:6/27/04 100.00 100.00 93020 07/08/2004 007849 MCNALLY, BETHANY Refund:Skyhwk Baseball Camp 115.00 115.00 93021 07/08/2004 007210 MIDORI GARDENS Jun Ldscp Svcs:Neighborhood Parks 30,000.00 30,000.00 93022 07/08/2004 004951 MIKE'S PRECISION WELDING I TCSD Tractor Emerg. Repairs 150.00 150.00 93023 07/08/2004 001384 MINUTEMAN PRESS City Letterhead for TCSD 152.83 152.83 93024 07/O1112004 005872 MUNICIPAL INFO SYS ASSN OF Annual membership dues:T.Thorson 180.00 180.00 93025 07/08/2004 001986 MUZAK -SOUTHERN CALIFORN Stage Lighting Sys. Upgrade:CRC 8,564.09 Lighting Sys. Repair Svcs: Old Town 400.00 8,964.09 93026 07/O1112004 003707 NAT'L ASSN OF PURCHASING FY 04-05 membership dues:M.Vollm 160.00 160.00 93027 07/0a/2004 002139 NORTH COUNTY TIMES 7/22/04-7/21/05 Subscrp:PW 100.80 100.80 93028 07/08/2004 006140 NORTH JEFFERSON BUSINESS Jul -Sep Dues: Lot 17/PM 23561-2 329.00 329.00 93029 07/0a/2004 004401 NU VISION PRODUCTIONS Taping/editing:every 15 min prgm vide 1,590.50 Add't video taping: Every 15 min prgm 475.00 2,065.50 93030 07/O1112004 002292 OASIS VENDING Jun Coffee/Kitchen Supplies:City Hall 502.19 Jun Coffee/Kitchen Supplies:West Win 211.19 713.38 93031 07/08/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 371.59 City Vehicle Repair/Maint Svcs 67.57 City Vehicle Repair/Maint Svcs 49.95 City Vehicle Repair/Main Svcs 19.19 508.30 93032 07/0a/2004 001171 ORIENTAL TRADING COMPANY 4th of July Supplies: TCSD 476.94 Rec Supplies: Summer Day Camp 392.89 Rec Supplies: Teen Prgm 128.95 998.78 93033 07/08/2004 003955 PANE CONSULTING SERVICE ( Supplies for Tours/Visitors:TCSD 2,533.84 4th of July Supplies: TCSD 1,347.09 TCSD Staff Shirts 839.03 Pins for C. Museum grand opening 621.71 Credit: Sales Tax Incorrect -66.38 5,275.29 93034 07/08/2004 004074 PARTY CITY OF TEMECULA IN Supplies for High Hopes Prgm 101.83 101.83 Page£ apChkLst Final Check List Page: 7 07/08/2004 3:26:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93035 07/08/2004 003218 PELA Aug'03/May'04 Svcs:O.T.Gateway 258.00 258.00 93036 07/08/2004 000249 PETTY CASH 93037 07/08/2004 006066 PINE, JEANNINE 93038 07/08/2004 007855 POLIZZI, JACKIE Petty Cash Reimbursement Petry Cash Reimbursement Petry Cash Reimbursement Refund:Sec. Deposit:6/26104 ee computer prgm 93039 07/08/2004 000254 PRESS ENTERPRISE COMPAN 7/13/04-7/11/05:Subscr:City Clerk 93040 07/08/2004 003697 PROJECT DESIGN CONSULTAN 5/10-6/06 Dsgn Svc:Murr. Bridge/Ovd 4/12-5/09 Svcs:SR79 Medians 5/10-6106 eng svcs: Lolita Rd/J.W. 93041 07/08/2004 007852 QUINLAN PUBLISHING GROUP 1 yr subscrp:Zoning Bulletin:Pln 93042 07/08/2004 004318 R J BULLARD CONSTRUCTION Prgs Pmt #14:Pechanga Pkwy Credit:Prgs Pmt #14: Pechanga Pkwy 93043 07/08/2004 000728 RAMSEY BACKFLOW & PLUMB BackBow Testing:Rancho Vista 93044 07/08/2004 002176 RANCHO CALIF BUS PARK ASS Jul -Sep Business Prk Dues:Diaz Rd Jul -Sep Business Prk Dues:City Hall Jul -Sep Business Prk Dues:C.H. Adj P 93045 07/08/2004 002654 RANCHO FORD LINCOLN TCSD Vehicle maint/repair svcs 93046 07/08/2004 000947 RANCHO REPROGRAPHICS Dup. Blueprints:Pechanga Pkwy 93047 07/08/2004 007841 RAW DELIGHTS 93048 07/08/2004 004483 RECREONICS INC 93049 07/08/2004 000353 RIVERSIDE CO AUDITOR 93050 07/08/2004 000418 RIVERSIDE CO CLERK & 93051 07/O1112004 001097 ROADLINE PRODUCTS INC Refund:Sec.Deposit:Sr Ctr Red Rescue Tube Covers:Aquatics May parking cite assessments Jan'04 Releases/Copies:RDA Feb-Apr'04 Copies: RDA/PW Maint. Supplies:PW Stencil Truck 302.55 280.23 45.97 100.00 1,354.05 160.16 10,396.00 2,497.50 700.00 127.00 44,857.28 -16,763.28 20.00 1,948.77 1,417.29 1,169.26 1,351.06 346.02 100.00 259.57 2,071.00 49.00 16.00 27.64 628.75 100.00 1,354.05 160.16 13,593.50 127.00 28,094.00 20.00 4,535.32 1,351.06 346.02 100.00 259.57 2,071.00 65.00 27.64 Page:? apChkLst Final Check List Page: 8 07/08/2004 3:26:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 93052 07/08/2004 000277 S & S ARTS & CRAFTS INC 93053 07/09/2004 001942 S C SIGNS (Continued) Description Amount Paid Check Total Rao Supplies: C. Museum 1,705.06 Rao Supplies: Neighborhood Events 71.29 1,776.35 May/Jun Posting Public Ntcs:Pln Dpt 1,360.00 1,360.00 93054 07/08/2004 004562 SCHIRMER ENGINEERING COR May Plan Check Svcs: Fire Prev. 3,860.00 3,860.00 93055 07/08/2004 002864 SEA WORLD OF CALIFORNIA SMART Prgm excursion - 7/21/04 1,406.00 1,406.00 93056 07/08/2004 000645 SMART & FINAL INC Supplies for High Hopes Prgm 250.09 Supplies for TCC 240.39 Supplies for Fire Prev. 118.51 Supplies for 4th of July Events 99.51 708.50 93057 07/08/2004 000824 SO CALIF ASSN OF FY 04-05 City membership dues 5,838.00 5,838.00 93058 07/08/2004 000537 SO CALIF EDISON Jun 2-20-798-3248 C.Museum 2,060.98 Jun 2-02-502-8077 West Wing 1,807.18 Jun 2-10-331-2153 TCC 971.59 4,839.75 93059 07/08/2004 000519 SOUTH COUNTY PEST Jun Pest Control Svcs:CRC 90.00 Jun Pest Control Svcs:City Hall 56.00 Jun Pest Control Svcs:West Wing 40.00 Jun Pest Control Svcs:MPSC 29.00 Pest Control Svcs: Caboose 29.00 244.00 93060 07/08/2004 005786 SPRINT 05/15-06/14/04 Cellular Phone Svcs 6,950.45 Cell phones for Naggar/City Clerk 808.10 Credit: Service Credits for Aircards -355.55 7,403.00 93061 07/08/2004 004420 STATE COMP INSURANCE FUN Jun workers' comp premium 52,963.04 52,963.04 93062 07/08/2004 002366 STEAM SUPERIOR CARPET CL Janitorial Svcs:C.Museum 840.00 840.00 93063 07/08/2004 007681 STEVE VAUS PRODUCTIONS Entenainment:7/08:Concert Series 900.00 900.00 93064 07/08/2004 007244 SWEENEY & ASSOCIATES INC Ldscp/Irrigation Standards Publication 4,000.00 4,000.00 PageB apChkLst Final Check List Page: 9 07/08/2004 3:26:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check If Date Vendor Description Amount Paid Check Total 93065 07/08/2004 000305 TARGET STORE Rec Supplies: Children's Museum 511.03 Office Supplies:PW Dept. 328.10 Rec Supplies: Children's Museum 245.96 Rec Supplies: Aquatic Prgm 148.93 Rec Supplies: CRC 107.74 Rec Supplies: Teen Prgm 65.24 Rec Supplies: Summer Day Camp 62.96 Rec Supplies: Summer Day Camp 48.88 Rec Supplies: SMART Prgm 22.58 Credit:ltems Retumed:C.Museum -75.40 1,466.02 93066 07/08/2004 007853 TATE, CURTISS Reimb:EMS Conf:6/9-11 88.99 88.99 93067 07/08/2004 006533 TEMECULA ALL -COMMUNITY B Transportation Costs:4th of July Pared 250.00 250.00 93068 07/08/2004 006465 TEMECULA AUTO REPAIR Medic Squad Vehicle Repairs 648.57 648.57 93069 07/08/2004 000168 TEMECULA FLOWER CORRAL June Sunshine Fund 183.02 183.02 93070 07/08/2004 005318 TEMECULA PLAY & LEARN SC Refund:Sec.Deposit:5/16/04 100.00 100.00 93071 07/08/2004 000307 TEMECULA TROPHY COMPAN Skateboard Awards: Sports Prgms 598.01 Softball Plaques: Sports Prgms 597.96 Keychains for Aquatics 219.19 Basketball trophies: Sports Prgms 123.91 Skater's Challenge Plaques Sprts Prg 75.42 1,614.49 93072 07/08/2004 004274 TEMECULA VALLEY SECURITY New keys for aquatics staff 285.93 Locksmith Svcs:CRC 128.26 414.19 93073 07/08/2004 003140 TEMECULA VALLEY TAEKWON TCSD Instructor Earnings 60.00 60.00 93074 07/08/2004 000919 TEMECULA VALLEY UNIFIED S Mar -May City vehicles fuel usage 1,398.08 1,398.08 93075 07/08/2004 007668 TOM HENDERSON STUDIO Photography svcs: C. Museum 2,731.46 2,731.46 93076 07/08/2004 000978 TRAUMA INTERVENTION PRG 4th Qtr Emerg. Response Vol. Prgm 2,181.25 2,181.25 93077 07/Oa/2004 007848 TRIAS, MARIFEL Refund:Room Rental:CRC:8/28/04 297.50 Refund:Sec. Deposit:CRC:8/28r04 100.00 397.50 93078 07/08/2004 002702 U S POSTAL SERVICE Postage meter deposit 3,456.85 3,456.85 Page9 apChkLst Final Check List Page: 10 07/08/2004 3:26:06PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93079 07/08/2004 002065 UNISOURCE Paper Supplies for City Hall 2,687.83 2,687.83 93080 07/08/2004 004846 UNITED GREEN MARK INC Irrigation Supplies:Parks 99.53 99.53 93081 07/08/2004 007839 UNITED STATES BORDER Refund:Sec. Deposit:TCC 100.00 100.00 93082 07/08/2004 006807 VANIR CONSTRUCTION May Constr. Mgmt Svcs:Comm.Theate 18,013.14 18,013.14 93083 07/08/2004 007840 VARELA, ANNA Refund:Tennis Camp Kids 55.00 55.00 M84 07/08/2004 004261 VERIZON Jun xxx-1408 P.D. O.T. Stn 382.29 Jun xxx-9897 general usage 89.73 472.02 93085 07/08/2004 001544 YEAGER SKANSKA INC Prgs Pmt #2: Pechanga Pkwy Phase 1 264,898.08 264,898.08 Grand total for UNION BANK OF CALIFORNIA: 644,238.23 Page:10 apChkLst Final Check List Page: 11 07/08/2004 3:26:06PM CITY OF TEMECULA 147 checks in this report. Grand Total All Checks: 644 238.23 11 apChkLst Final Check List Page: 1 07/15/2004 1:57:25PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check M Date Vendor Description Amount Paid Check Total 350 07/15/2004 000444 INSTATAX (EDD) State Disability Ins Payment 18,706.02 18,706.02 351 07/15/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 72,238.71 72,238.71 352 07/15/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 18,348.00 18,348.00 353 07/15/2004 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Pmt 74,258.87 74,258.87 354 07/15/2004 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 5,790.48 5,790.48 93086 07/13/2004 003347 FIRST BANKCARD CENTER ONTRACK DATA INT'L INC TT Data retrieval svcs 1,750.00 FUJI PHOTO FILM USA INC TT 4 Battery Packs 571.31 BARCODES INC. TT BarCode Scanner: MS9500 241.05 CIRCUIT CITY TT Computer cable & Surg Plugs 199.29 OFFICE DEPOT BUSINESS SVS TT 2 HP printer cartridge 171.37 BARCODES INC. TT Power supply for Scanner 67.11 SPRINT TT 2 SCI Travel Chargers 64.63 STADIUM PIZZA TT Refreshments: Implement new Fee 43.36 CHILIS RESTAURANT TT Refreshments: Implement new Fee 41.87 SYMANTEC TT pcAnywhere software license 19.95 EARTHLINK INC TT Council members internal svcs 10.97 TT bank charges 1.75 3,182.66 93087 07/15/2004 004973 ABACHERLI, LINDI TCSD instructor earnings 403.60 TCSD instructor earnings 243.53 647.13 93088 07/15/2004 002038 ACTION POOL & SPA SUPPLY Pool sanitizing chemicals 52.53 52.53 93089 07/15/2004 003859 ALL ABOUT SELF STORAGE C351 storage unit ann'I lease: 2,878.00 2,878.00 93090 07/15/2004 002877 ALTA LOMA CHARTER LINES Smart excursion bus to Maritime 601.50 Day camp excursion bus to Mulligan's 481.20 1,082.70 93091 07/15/2004 004022 AMERICAN MINI STORAGE, TE June storage unit B109 lease pmt 153.00 June storage unit F105 lease pmt 144.00 297.00 Page:1 apChkLst Final Check List Page: 2 07/15/2004 1:57:25PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93092 07/15/2004 002187 ANIMAL FRIENDS OF THE VALL June animal control services 7,250.00 May animal control services 7,250.00 14,500.00 93093 07/15/2004 000101 APPLE ONE, INC. Temp help PPE 6/26 NS/SW 1,333.45 Temp help PPE 6126 Alexander 615.12 Temp help PPE 6126 Medina 348.48 Temp help PPE 6126 Alexander 304.92 Temp help PPE 6/26 Garcia 195.75 2,797.72 93094 07/15/2004 003203 ARTISTIC EMBROIDERY Finance dept Year End Recognition 560.30 560.30 93095 07/15/2004 003376 ARTS COUNCIL, THE Apr/May/June Comm Grant Agmnt 10,000.00 10,000.00 93096 07/15/2004 007856 BOSTER, BRYAN & ELIZABETH Refund:Enginsering depst TR9833-3 93097 07/15/2004 002998 BRUNSW ICK CAL OAKS BOWL Day Camp Excursion:Bov4ing 93098 07/15/2004 003138 CAL MAT PW patch truck materials 93099 07/15/2004 004228 CAMERON WELDING SUPPLY Helium tanks refill: TCC 93100 07/15/2004 000131 CARL WARREN & COMPANY I June claim adjuster services 93101 07/15/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 93102 07/15/2004 001193 COMP U S A INC Misc. Computer Supplies: Info Sys Misc. Computer Supplies: Info Sys Misc. Computer Supplies: Info Sys Misc. Computer Supplies: Info Sys 93103 07/15/2004 000442 COMPUTER ALERT SYSTEMS Repair Alarm System @ C.Museum 93104 07/15/2004 004888 DESERT PUBLICATIONS INC June ad in Ontario Visitor Guide 93105 07/15/2004 007768 DIAZ, EDUARDO Refund:Special Event Insurance 93106 07/15/2004 004192 DOWNS COMMERCIAL FUELI Fuel for city vehicles: CIP 61351 �:• rr r rr 180.00 180.00 1,926.76 1,926.76 28.40 28.40 527.98 527.98 163.00 163.00 1,086.34 242.43 242.04 59.25 1,630.05 150.00 150.00 2,500.00 2,500.00 147.06 147.06 138.53 138.53 Page2 apChkLst Final Check List Page: 3 07/15/2004 1:57:25PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check A Date Vendor Description 93107 07/15/2004 001380 E S I EMPLOYMENT SERVICES Temp help PPE 6/25 Jensen Temp help PPE 6/25 Grove Temp help PPE 6/25 Novotny Temp help PPE 6/25 Kanigowski Temp help PPE 6/25 Cammarota Temp help PPE 6/25 Jones Temp help PPE 6/25 Lontok Temp help PPE 6/25 Gutierrez Temp help PPE 6/25 Sang Temp help PPE 6125 Rush Temp help PPE 6125 Barreda 93108 07/15/2004 002939 ENVIRONMENTAL SYSTEMS R GIS staff training svos 93109 07/15/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments: 4th of July Parade 93110 07/15/2004 001056 EXCEL LANDSCAPE 93111 07/15/2004 000478 FAST SIGNS 93112 07/15/2004 000165 FEDERAL EXPRESS INC June Ldscp Mntc: Sports Parks June Ldscp Mntc: Slopes June Ldscp impr: Slope Areas June Ldscp Mntc: Medians June Ldscp Mntc: Comm. Facilities June Ldscp impr: Slope Areas June Ldscp impr: Sports Park June Ldscp impr. Slope Areas June Ldscp impr: Slope Areas June Ldscp impr. Slope Areas June Ldscp impr: Slope Areas June Ldscp impr: Slope Areas June Ldscp impr: Slope Areas 4th of July parade vehicle signs 4th of July parade vehicle signs Express mail services 93113 07/15/2004 001135 FIRST CARE INDUSTRIAL MED Pre -employment physicals & drug test Employee first aid care Pre -employment drug screening:m661 Pre -employment drug screening:xx331 Amount Paid 2,745.60 2,213.60 1,600.48 1,328.53 1,253.25 1,234.68 1,200.00 1,192.80 1,188.92 1,048.80 898.35 32,219.00 25,731.00 7,600.00 6,924.00 6,686.00 6,160.00 2,880.00 870.00 846.00 400.00 360.00 255.00 225.00 263.29 160.07 136.99 360.00 289.64 25.00 25.00 Check Total 15,905.01 351.50 349.92 91,156.00 423.36 136.99 Page3 apChkLst 07/15/2004 1:57:25PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93114 07/15/2004 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Info System 1,347.36 Office Supplies: C.Museum/CRC 1,046.08 Office Supplies: TCSD 884.49 Office Supplies: Central Sery 337.28 Office Supplies: RDA Low/Mod 310.81 Office Supplies: Human Resource 261.16 Office supplies: Eco Devel 210.51 Office supplies: PW admin 206.30 Office Supplies: Fire Dept 179.63 Office Supplies: B & S 175.97 Office Supplies: TCC 127.07 Office Supplies: Planning 33.51 5,120.17 93115 07/15/2004 005947 GOLDEN STATE OVERNIGHT Express Mail Service: Fire 45.55 45.55 93116 07/15/2004 002174 GROUP 1 PRODUCTIONS 4th of July video production 2,200.00 2,200.00 93117 07/15/2004 000520 H D L COREN & CONE INC CAFR Statistical package fee 250.00 250.00 93118 07/15/2004 007467 HELP Explorers Fire fighting text books 493.00 493.00 93119 07/15/2004 005311 H2O CERTIFIED POOL WATER CRC/TES pool mntc & supplies 2,222.59 2,222.59 93120 07/15/2004 002372 HARMON, JUDY TCSD instructor earnings 618.40 618.40 93121 07/15/2004 002906 HEMET FENCE COMPANY Res impr prgm: Bowman, Delilah 550.00 550.00 93122 07/15/2004 005748 HODSON, CHERYL A. Support Payment 34.90 34.90 93123 07/15/2004 003624 HOWELL, ANN MARIE Stock photos for Eco Devel prjts 148.00 148.00 93124 07/15/2004 000194 1 C M A RETIREMENT TRUST 45 I C M A Retirement Payment 6,656.65 6,656.65 93125 07/15/2004 005778 IMAGE WATCHES INC Commissioner Recognition Awards 298.77 298.77 93126 07/15/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 349.65 349.65 93127 07/15/2004 003296 INTL CODE COUNCIL, '97 Handbook to the UBC: Fire 147.08 147.08 PageA apChkLst 07/15/2004 1:57:25PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93128 07/15/2004 003266 IRON MOUNTAIN OFFSITE June Microfilm & backup tape storage 415.75 415.75 93129 07/15/2004 001186 IRWIN, JOHN TCSD instructor earnings 208.00 208.00 93130 07/15/2004 007400 KASPEROW ICZ, JOHN C.Museum recycle exhibit 6,750.00 6,750.00 93131 07/15/2004 002424 KELLEY DISPLAY INC Summer Nights banners cleardstorage 181.55 181.55 93132 07/15/2004 004481 KIMLEY HORN & ASSOCIATES I May svcs: Diaz Ext. Study 2,040.00 2,040.00 93133 07/15/2004 004412 LEANDER, KERRY D. TCSD instructor earnings 1,688.00 TCSD instructor earnings 1,628.00 3,316.00 93134 07/15/2004 003286 LIBRARY SYSTEMS & SERVICE Jun svcs-library system agnnnt 12,615.43 Jun svcs-library system agnnnt 1,347.46 13,962.89 93135 07/15/2004 004905 LIEBERT, CASSIDY & WHITMOR Fair Labor Standard Act:Public Sector 102.36 Fair Labor Act'04 Revisions 48.49 150.85 93136 07/15/2004 002634 LITELINES INC Flood Lights for Duck pond 49.99 49.99 93137 07/15/2004 004068 MANALILI, AILEEN TCSD Instructor Earnings 446.03 446.03 93138 07/15/2004 001967 MANPOWER TEMPORARY SER Temp Help PPE 06/20 AA/JD/JN 1,907.96 1,907.96 93139 07/15/2004 007680 MARITIME MUSEUM ASSN Mechanics of Seafaring: SMART Exc 206.50 206.50 93140 07/15/2004 002693 MATROS, ANDREA TCSD Instructor Earnings 160.00 160.00 93141 07/15/2004 007858 MENDOZA, MARIA Refund: Sec. Deposit: MPSC 100.00 100.00 93142 07/15/2004 004894 MICHAEL BRANDMAN ASSOCIA Apr -May Prof Svcs: Pechanga Pkwy 1,052.00 1,052.00 Pages apChkLst Final Check List Page: 6 07/15/2004 1:57:25PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 93143 07/15/2004 007210 MIDORI GARDENS Install Sod: Duck Pond/S.F. Ballpark 2,000.00 Plant Groundcover: Nicolas Rd Prk 1,800.00 Plant Trees/Shrubs: Loma Linda Prk 1,686.00 Duck Pond Maint. Svcs 1,560.00 Plant Shrubs/Gmdcvr: Btrfld Stage Pk 1,468.00 Plant Shrubs: Voorburg Park 1,408.00 Aerate Turf: Duck Pond 1,100.00 Install Drain Pipe: Vail Ranch Pkwy 920.00 Plant Groundcover: Nada Lane 384.00 Plant Tree: Meadows Park 260.00 Repair Mainline Break: V. Ranch Park 220.29 Repair Mainline Break: J. Magee Park 126.53 12,922.82 93144 07/15/2004 001384 MINUTEMAN PRESS Business cards: G. Youmans 114.86 114.86 93145 07/15/2004 000973 MIRACLE RECREATION EQUIP Park Equip Parts: Winch. Park 437.44 437.44 93146 07/15/2004 004534 MOBILE SATELLITE VENTURES Jul EOC Stn Satellite Phone Svcs 71.93 71.93 93147 07/15/2004 004128 MORAMARCO, ANTHONY J. TCSD Instructor Earnings 336.00 336.00 93148 07/15/2004 007011 MORRIS MEYERS MAINTENAN Jun Maint Svc:Prk R.R./Picnic Shelter 4,690.00 4,690.00 93149 07/15/2004 007857 MURRIETA/rEMECULA Refund:Sec. Deposit:MPSC 100.00 100.00 93150 07/15/2004 007096 MUSICIANS WORKSHOP Tem. Int'I Jazz Festival Sponsorship 10,000.00 10,000.00 93151 07/15/2004 007224 N E C BUSINESS NETWORK Repair/Maint Equipment: P.D. Stn 573.39 573.39 93152 07/15/2004 005588 NICOLAS VALLEY ELEMENTAR Refund:Sec. Deposit:CRC:5/25/04 100.00 100.00 93153 07/15/2004 003964 OFFICE DEPOT BUSINESS SVS Office Supplies: Planning 481.48 Office Supplies: Planning 54.37 Office Supplies: Aquatics 15.85 Credit: Items Returned: Planning -17.13 Credit: Items Returned: Planning -21.12 513.45 93154 07/15/2004 002668 OMEGA LAKE SERVICES Jun Duck Pond water maint. svcs 762.50 762.50 93155 07/15/2004 000733 PARTY PZAZZ Canopy rentals:4th of July Events 703.00 703.00 Pages apChkLst Final Check List Page: 7 07/16/2004 1:57:25PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 93156 07/15/2004 001958 PERS LONG TERM CARE PROG PERS Long Tenn Care Payment 288.55 288.55 93157 07/15/2004 000249 PETTY CASH Team Pace Raffle Prizes 1,000.00 1,000.00 93158 07/16/2004 000249 PETTY CASH Petty Cash Reimbursement 347.47 Petty Cash Reimbursement 140.91 488.38 93159 07/15/2004 000580 PHOTO WORKS OF TEMECULA Jun Film/Photo Dev: Land Dev/CIP 59.86 59.86 93160 07/15/2004 005075 PRUDENTIAL OVERALL SUPPL Jun Uniforms/Fir Matsrrwls:City Fac. 1,171.71 1,171.71 93161 07/15/2004 004627 PUBLIC SAFETY Radio rentals for 4th of July Event 365.15 365.15 93162 07/15/2004 001416 QUICK CRETE PRODUCTS INC 3 (CI) Recycling Containers w/City 4,118.21 4,118.21 93163 07/15/2004 000406 RIVERSIDE CO SHERIFFS DEP 4/29-5/26/04:law enforcement 846,306.31 846,306.31 93164 07/15/2004 000406 RIVERSIDE CO SHERIFFS DEP Bike Patrol Training:6/O1:1).K./M.L. 277.00 277.00 93165 07/15/2004 003001 ROSS FENCE INC. Res Imp Prgm: Maniscalco, Sylvia 4,400.00 4,400.00 93166 07/15/2004 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 368.00 368.00 93167 07/15/2004 005227 SAN DIEGO COUNTY OF Support Payment 33.24 33.24 93168 07/15/2004 000278 SAN DIEGO UNION TRIBUNE Jun recruitment ads for H.R. Dept. 1,058.79 1,058.79 93169 07/15/2004 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 93170 07/15/2004 004562 SCHIRMER ENGINEERING CDR Jun Plan Check Svcs: Fire Prev. 5,180.00 5,180.00 93171 07/15/2004 007603 SCHRAMM, NANCY L. May TCSD Instructor Earnings 307.60 Jun TCSD Instructor Earnings 302.00 609.60 93172 07/15/2004 004609 SHREDFORCE INC Jun doc shred svcs: Records Mgmt 110.00 110.00 Page:7 apChkLst Final Check List Page: 8 07/15/2004 1:57:26PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 93173 07/15/2004 000537 SO CALIF EDISON Jul 2-01-202-7330 Various Mtrs 39,571.62 Jul 2-01-202-7603 Arterial Str Lt 13,458.04 Jul 2-02-351-5281 CRC 5,902.67 Jul 2-00-987-0775 Vail Ranch 4,542.88 Jun 2-05-791-8807 Various Mtrs 3,784.39 Jul 2-06-105-0654 Various Mtrs 1,683.92 Jul 2-10-331-1353 Fire Sin 84 1,085.75 May 2-19-683-3263 Various Mtrs 852.52 Jul 2-23-693-2810 Pala Rd 33.87 Jul 2-24-077-3069 Pala Rd 28.37 Jul 2-23-548-1975 Various Mtrs 27.52 70,971.55 93174 07/15/2004 000926 SO CALIF EDISON Install Equip:Meadows Pkwy/La Seren 3,697.21 3,697.21 93175 07/15/2004 000519 SOUTH COUNTY PEST Pest Control Svcs: T. Museum 42.00 Pest Control Svcs: TCC 36.00 Pest Control Svcs: Wedding Chpl 32.00 110.00 93176 07/15/2004 000293 STADIUM PIZZA Rfrshmnts:Citizen Corp training:6r13 79.37 Rfrshmnts:Citizen Corp training:6r12 26.29 105.66 93177 07/15/2004 004570 STEPHEN G WHITE, MAI Appraisal Svc:Harveston III CFD 03-06 19,000.00 19,000.00 93178 07/15/2004 003140 TEMECULA VALLEY TAEKWON TCSD Instructor Earnings 67.20 67.20 93179 07/15/2004 003728 TIMBERLAKE PAINTING Res Imp Prgm: Bognacki, Christine 2,750.00 2,750.00 93180 07/15/2004 005937 TOMCZAK, MARIA T. TCSD Instructor Earnings 120.00 120.00 93181 07/15/2004 006192 TRISTAFF GROUP Temp Help We 6/27 Bradley 520.00 Temp Help We 06130 Bradley 312.00 932.00 93182 07/15/2004 000459 TUMBLE JUNGLE FITNESS GY TCSD Instructor Earnings 792.00 TCSD Instructor Earnings 739.20 TCSD Instructor Earnings 422.40 TCSD Instructor Earnings 316.80 TCSD Instructor Eamings 211.20 TCSD Instructor Earnings 123.20 TCSD Instructor Earnings 105.60 2,710.40 93183 07/15/2004 002065 UNISOURCE mailing boxes/packing supplies:Copy 641.33 641.33 93184 07/15/2004 000325 UNITED WAY United Way Charities Payment 218.00 218.00 PageB apChkLst Final Check List Page: 9 07/15/2004 1:57:25PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check# Date Vendor 93185 07/15/2004 006637 V C A CODE GROUP (Continued) Description Amount Paid Check Total Jun Plan Check Svcs: B&S Dept. 2,370.48 2,370.48 93186 07/15/2004 004261 VERIZON Jun xxx-5509 general usage 146.79 Jun xxx-1540 O.T. Prk Lot 89.73 Jul xxx-1941 PTA CD TTACSD 58.50 Jul xxx-3851 general usage 39.65 Jun xxx-1999 general usage 34.97 Jun xxx-0049 general usage 31.09 Jun xxx-5840 general usage 30.16 Jun xxx-5780 general usage 30.16 Jun xxx-2629 Nagger 29.63 Jun xxx-2730 elevator 27.91 Jun xxx-2670 911 Auto Dialer 27.91 546.50 93187 07/15/2004 004279 VERIZON CALIFORNIA INC. Jun access -CRC phone line 347.84 Jun access-Rvsd Cc phone line 271.75 619.59 93188 07/15/2004 004789 VERIZON INTERNET SOLUTION Jul Internet svcs/EOC backup: Stn 84 72.29 72.29 93189 07/15/2004 004826 WEST COAST OVERHEAD DOO Res Imp Prgm: Hogan, Eugene 945.00 Credit: Amt Exceeds Agreement -225.00 720.00 93190 07/15/2004 007697 WESTIN ST. FRANCIS HOTEL, T Htl:Aocela Conf:7/21:#837310682 294.33 294.33 93191 07/15/2004 005995 WESTWAYS & JOURNEY PUBL Ad for Jul -Aug Issue:Econ Dev 4,250.00 4,250.00 93192 07/15/2004 005869 YMCA CDBG Reimb: Swim Lessons/Day Ca 7,500.00 7,500.00 93193 07/16/2004 007141 ZIGLER, GAIL L. Apr TCSD Instructor Earnings 225.60 225.60 Grand total for UNION BANK OF CALIFORNIA: 1,407,826.44 Page9 ITEM 4 APPROVAL CITY ATTORNEI FINANCE DIREC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: c ,, usan W. Jones, CIVIC, City Clerk DATE: July 27, 2004 SUBJECT: Records Destruction Approval PREPARED BY: '-Gwyn R. Flores, Records Coordinator RECOMMENDATION: Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. BACKGROUND: On February 11, 2004, the City Council approved Resolution No. 04-14 which authorizes the destruction of certain City records which have become outdated, obsolete or are excess documents, in compliance with State of California Government Code, Sections 34090 through 34090.7. Attached Exhibit A, lists records from the Building & Safety Department in which certain documents have been imaged and identified within Records Series 805-07 & 805-08 of the Records Retention Schedule. The imaging of these records complies with the requirements of Government Code Section 34090.5. The City Attorney has reviewed this request and has signed the Exhibit, as provided for in Resolution No. 04-14. ATTACHMENTS: Destruction of Records Request, Building & Safety Department Exhibit A, List of Records recommended for destruction TO: Susan W. Jones, CMC, City Clerk FROM: Gwyn R. Flores, Records Coordinator DATE: July 27, 2004 SUBJECT: Request for Destruction of Records Attached "Exhibit X is a listing of records maintained in the City's Building and Safety Department. These documents have been identified in Record Series 805-07 & 805-08 (list attached) and has been imaged into the City's LaserFiche Imaging System and are eligible for destruction in accordance with the City of Temecula's approved Retention Policy as outlined in Resolution No. 04-14. The imaging of these records complies with the requirements of Government Code Section 34090.5. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090.5, 1 hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head: �^ Tony Elm Di ector of Building & Safety Date APPROVED: City Attorney: Peter Th a0 0� rs n Date RMor \destruargs 4rl:)kIff_% CITY OF TEMECULA BUILDING & SAFETY DEPARTMENT RECORDS MANAGEMENT DESTRUCTION FILE REPORT Document Reference Date Item Reference Brief Desoription File Reference# Security Class Storage Media Storage Location 162 Various Building Building Plans 805-08 LaserFiche Plans (See Attached List) TI's— WA 162 Various Boxes Residential & 805-07 LaserFiche 72,73,75,76, Commercial Building & Permits Misc. Permits (See Attached fist) from County 07/27/04 BS Destruction Page 1 of 1 Building Plans Box 68 (Imaged) 31725 Hwy 79 South 24135-F 29738 Valle Verde 40820 Winchester Rd #1360 40820 Winchester Rd #1310 40820 Winchester Rd #2100 40820 Winchester Rd #1210 40820 Winchester Rd #2220 41493 Margartia Rd #GHI 40570 Winchester Rd 26879 Diaz Rd 40447 Paseo Del Cielo 30984 Lolita Rd 41805 Rycrest Box 69 (Imaged) 40868 Winchester Rd 28820 Single Oak Dr 26420 Ynez Rd 40820 Winchester Rd #1020 40820 Winchester Rd #2285 40688 Winchester Rd 24134-2 Box 70 (Imaged) 43686 Paisano PI 31775 CaIIe Chapos 40820 Winchester Rd #2140 40820 Winchester Rd #2290 40820 Winchester Rd #1130 40820 Winchester Rd #2260 40820 Winchester Rd #1560 40820 Winchester Rd #2370 40820 Winchester Rd #2410 40820 Winchester Rd #2760 41754 Margarita Rd SRA 41530 Enterprise Circle S 31085 Avenida Del Reposo 43991 John Warner Rd 43601 Manzano Dr 42301 Zevo Dr 42690 Margarita Rd 31188 Kahwea Rd 30979 CaIIe Fuente 41635 Enterprise Cr North 28920 Via Norte 31901 Hwy 79 South Box 71 (Imaged) 32170 Hwy 79S 27430 Bostik Ct 40724 Kahwea Rd 40456 Winchester Rd 26531 Ynez Rd #CP5 26531 Ynez Rd #CP8 26531 Ynez Rd Ph II 26550 Ynez Rd LS 40820 Winchester Rd #1420 40820 Winchester Rd #FC9 40820 Winchester Rd #2253 40820 Winchester Rd #1440 40820 Winchester Rd #2255 40820 Winchester Rd #2130 40820 Winchester Rd #2446 40820 Winchester Rd #1600 40820 Winchester Rd #2205 Box 72 (Imaged) 24133-1 22715 26479 Ynez Rd 44239 Margarita Rd 29385 Rancho California Rd 27280 Jefferson 40820 Winchester Rd 42291 61h St 40945 County Center Dr #EFG Box 73 (Imaged) 41258&41257 Margarita Rd 42299 Winchester Rd 41915 Business Park Dr 41413 Margarita Rd 40820 Winchester Rd #2610 27411 Ynez Rd 44064 Mountain View 40758 Winchester Rd 40820 Winchester Rd #2710 26550 Ynez Rd 30927 Del Rey Rd 41377 Margarita Rd 29610 Valle Olvera 27368 Via Industria 40820 Winchester Rd #1040 39935 Sweet Brier Cr Box 74 (Imaged) 31159 Kahwea Rd 31210 Via Norte 42580 Rio Nedo 31090 Avenida Buena Suerte 29141 Vallejo 31145 Kahwea Rd 40462 Winchester Rd 43225 Avenida De San Pasqual 23371-14 40486 Winchester Rd 41875 C St 42143 Avenida Alvarado Box 75 (Imaged) 42299 Winchester Rd 41257,41273,41377,41301 Margarita Rd 42081 Main St 42349 Winchester Rd 41258 Margarita Rd 40655 Calle Torcida Box 76 (Imaged) 27290 Madison Ave 29118 Vallejo 41493 Margarita Rd #109 Tr 30681,30682,30604 Tr29929-1 Wood Tr 29929-1 Steel Tr23143-9 Box 77 (TI's) 41700 Winchester Rd B98-1946 44501 Rainbow Canyon Rd B00- 1922 41377 Margarita Rd B01-0849 29657 General Kearny B01-2375 32240 #190 Hwy 79S B01-2435 42299 Winchester Rd B02-1150 27290 Madison Ave B02-1197 42210 Zevo DrB02-2086 28545 OldTownFrontSt B02-2590 29830 Ynez Rd B02-2600,01 28426 Pujol-42291 6ch St B03- 0336 40395 Winchester Rd B02-0351 1 Ridgegate Dr B03-0785 41377 #101 Margarita Rd B03- 1524 27290 #300 Madison Ave B03- 2785 41555 Winchester Rd 603-3653 40820 #2380 Winchester Rd B04- 0128 Box 78 (TI's) 29949 Map B00-2986 31220 Granville Ct B00-3072 40458 Winchester Rd B01-2929 29720 Rancho California Rd B02- 0164 30836 Crystalaire Dr B02-0253 27472 Ynez Rd B02-0328 27481 Ynez Rd B02-0346 42555 Rio Nedo B02-0384 40820 #2470 Winchester Rd B02- 1209 31749 Hwy 79S B02-1248 27565 Diaz Rd B02-1761 41625 S Enterprise Cr B02-1811 Page 1 of 1 07/27/04 Building Plans 40820 #2296 Winchester Rd B02- 1901 40802 #K6 Winchester Rd B02- 2428 43110 Meadows Pkwy B02-2503 43065 Fox Rd B02-2603 42020 Winchester Rd B02-2613 32240 #101 Hwy79S B02-2614 40705 Winchester Rd B02-2966 27941 Jefferson Ave B02-3322 26531 Ynez Rd B03-0271 32010 Merlot Ct B03-0280 43905 Margarita B03-0923 43385 Business Park B03-1150 26531 Ynez Rd B03-1203 29370 Via Norte B03-1209 26531 Ynez Rd B03-1358 30985 Santiago Rd B03-1721 Tr23209 B03-1968 45981 Classic Wy B03-2184 31150 Santiago Rd B03-2892 27460 Bostik Ct B03-2956 41154 Via Cielito B03-2999 26531 Ynez Rd B03-3654 31120 Granville Ct B03-3686 43247 Via Angeles B03-3733 29538 Georgetown Ln B04-0080 Box 79 (Imaged) 40495 Winchester Rd. 41397 Buecking Dr B00-0087 41437 Buecking Dr B00-0088 40620 Winchester Rd B00-0521 31789 Hwy 79S B00-1634 28381 Vincent Moraga Dr B95- 0955 27510 Ynez Rd B96-0171 43135 Blackdeer Loop B98-2260 40462 Winchester Rd B98-2376 40820 Winchester Rd B98-2397 40820 Winchester Rd #1240 B99- 1227 40820 Winchester Rd #1630 B99- 1543 40820 Winchester Rd #1110 B99- 2161 40820 Winchester Rd B99-2312 29764 Rancho California Rd B99- 2345 40820 Winchester Rd #2320 B99- 2382 28820 Single Oak Dr B99-3772 Box 81 (TI's) 30600 De Portola Rd B00-0050 40788 Winchester Rd B00-0054 40820 Winchester Rd B00-0090 40420 Winchester Rd B00-0171 26531 Ynez Rd B00-0343 27663 Commerce Center B00- 0395 41093 County Center Dr B00- 0887 29720 Mira Loma Dr B00-1466 28820 Single Oak Dr B00-1566 43234 Business Park Dr #106 B00-1978 26531 Ynez Rd B00-2154 43095 Blackdeer Loop B00-2245 26845 Ynez Rd B00-2991 29992 Penchanga Dr B02-0966 42110 Crowne Hill Or B03-0771 31853 Oorte Positas B94-0225 42569 Margarita Rd B94-1559 Tr 23100-3/23101-2 B94-684-93, B94-1708 Tr21067 B95-0674 43072 Calle Reva B96-1017 Tr21067 B 96-1181 41930 Margarita Rd B97-2309 41998 Niblick Rd B98-1339 32401 Galatina B98-1454 41955 Margarita Rd B98-2244 Tr23371-7 B98-2497 Tr23371-6 B98-2497 27450 Ynez Rd B99-0440 Tr28503 B99-0565-0569 26531 Ynez Rd B99-0709 40335 Winchester Rd #G B99- 0819 26531 Ynez Rd B99-0906 40453 Chantemar Wy B99-2109 26531 Ynez Rd B99-2111 43640 Tirano Or B99-3147 40788 Winchester Rd B99-3192 26531 Ynez Rd B99-3479 40405 Winchester Rd B99-3609 Tr23267-2 Tr23371-14 Tr28850 Misc. Box (TI's) 30140 Via Monterey B02-0428 32924 Tulley Rancho B03-2555 29660 Via Norte B03-0753 27580 Nellie Ct B03-2224 31421 Heitz Ln B03-3621 31125 Pauba Rd B02-2640 31941 Sauvigon Cr B03-0944 43978 El Lucero B02-2975 43771 John WarnerB03-0168 31050 Ruidosa B03-0203 31850 Calle Redondela B02-1659 29700 Solana Wy 31045 Core Anacapa 603-1348 44004 Terraza B03-3035 31760 Calle Cataldo B03-2276 39622 Leifer B03-1878 42775 Margarita Rd B03-0174 30520 Rancho California Rd B99- 3195 33047 Harmony Ln B99-0024 27460 Bostick Ct B99-0136 27985 Diaz Rd B99-1995 43528 Calle De Valardo B99-1536 28693 Old Town Front B00-0262 40335 Winchester Rd B98-2736 42168 Roaoake B98-2230 43300 Business Park Dr B99- 0044 31685 Hwy 79S B99-1737 41715 N Enterprise Cr B98-2243 41128 Lindy Ln B98-2251 27449 Colt Ct B99-2269 27576 Commerce Center Dr B98- 0175 30040 Del Rey B98-2978 40409 WinchesterB99-1638 41125 Winchester B99-1014 29530 Rancho California B99- 2736 27720 Jefferson Rd B99-3194 41541 Reisling Ct B97-1910 40456 Winchester Rd B00-0281 27360 Ynez Rd B00-0007 41093 County Center Dr B00- 1514 27360 Ynez Rd B00-1216 42051 Rubicon Cr B99-1774 42410 Winchester Rd B00-0412 27447 W Enterprise Cr B99-1426 27449 Colt Ct B00-0112 28950 Front St B99-0054 27471 Ynez Rd B98-1617 43095 Blackdeer Loop B99-2221 41715 N Enterprise Cr B99-1923 43053 Margarita Rd B99-0721 41687 Temeku B99-1966 40426 Winchester Rd B99-2522 26531 Ynez Rd B00-2284 43500 Ridgepark B99-0562 40665 Winchester Rd B00-1766 Tr 24184-1 B00-1751 27412 N Enterprise Cr#102 27705 Commerce Center B98- 1826 28820 Single Oak B00-1178 Page 2 of 2 07/27/04 31289 Avenida Del Reposo B00- 0160 28134 Jefferson B00-1890 40695 Winchester Rd B99-1309 28464 Front St B97-0460 27976 Diaz B98-1295 28120 Jefferson #202 B00-1131 27309 Jefferson B00-0929 39675 Cantrell B00-1652 30903 Riverton B98-2613 31179 Sunningdale B00-1645 43475 Business Park B99-1182 Tr28850 B99-3108 41125 Winchester Rd B99-1549 40665 Winchester Rd B99-2071 42685 Rio Nedo B99-0056 40136 Roshani B98-2946 30787 Calle Pina Colada B99- 1941 40165 Paseo Sereno B98-2249 40490 Calle Torcida B99-0529 27460 Bostik B98-1326 30891 Corte Arroyo Vista B99- 2908 40925 County Center B98-1918 42371 Agena B98-1470 43525 Ridgepark B99-0081 31685 Calle Cataldo B99-2316 42092 WinchesterB99-3652 40705 Winchester B99-1259 44080 Jerami B99-1987 41902 Motor Car Pkwy B99-0120 27403 Ynez Rd B98-2853 41735 Winchester Rd B98-2447 27548 Ynez Rd B99-0875 27740 Jefferson B98-2845 27371 Jefferson B99-0900 27410 Jefferson B99-1104 43771 John WarnerB99-0135 31996 Calle Novelda B99-2261 27555 Ynez Rd B99-3430 45668 Creekside B00-0365 30208 Pechanga B00-0422 29750 Rancho California B00- 0503 27699 Jefferson B99-0438 40769 Calle Katerine B00-0008 33223 Via Alvaro B00-0321 40405 Winchester Rd B99-3074 43105 Business Park B00-0009 31855 Calle Novelda B99-3207 27311 Jefferson B99-1945 27610 Commerce Center B00- 0421 42353 Avenida Alvardo B99-2082 40298 Paseo Sereno B99-2058 Building Plans 27523 Ynez Rd B00-0991 42009 Rubicon B00-1316 43053 Margarita B99-2874 41715 N Enterprise B99-1924 26879 Diaz B99-2681 43218 Business Park Dr B00- 1187 30568 Spica B99-2617 40350 Paseo Del Cielo B99-0300 43525 Ridgepark B99-0080 41942 Humber B99-0090 40340 Paseo Sereno B98-1859 27450 Ynez Rd B99-1960 29986 Valle Olvera B98-2184 41530 S Enterprise B98-0383 27315 Jefferson B00-0472 28850 Vallejo B99-1157 31940 Hwy 79S B99-3184 31637 Pio Pico B99-0143 26531 Ynez Rd B00-1366 Tr23371-11 B98-2958 27450 Ynez Rd B98-2791 27555 Ynez Rd B99-0142 41003 SimiB99-0241 40705 Winchester Rd B99-2214 31117 Sunningdale B99-1702 30663 San Pasqual B98-2316 41923 2nd St B98-0271 28134 Jefferson B98-2732 43154 Black Deer Loop B00-0231 27520 Ynez Rd B98-2081 30665 Feather B00-2167 30340 Baret Ct B00-0529 27625 Commerce Center B00- 2014 27576 Ynez Rd B00-2402 29370 Via Norte B00-0418 30345 Via Norte B98-1245 42000 Zevo Dr699-0121 27699 Jefferson B99-1027 28304 Tierra Vista B98-1830 42928 Calle Reva B99-3586 42211 Stonewood B98-0317 43120 Corte Almeria B00-1784 40280 Paseo Cielo B98-1519 40935 County Center B98-2479 27464 Commerce Center B99- 0293 42301 Zevo Dr B99-1453 30281 Tradewater Ct B98-2441 40665 Winchester Rd B99-2797 31669 Paseo Del Las Olas B99- 3737 27555 Ynez Rd B99-1005 29991 Via Norte B99-1877 26485 Ynez Rd B99-0255 41615 Winchester Rd B99-1542 40420 Winchester Rd B00-0068 Page 3 of 3 07/27/04 Box 72 Building Permits 40900 WINCHESTER RD Shell 26111 YNEZ RD 26531 YNEZ RD #B-1 40900 WINCHESTER RD T.I. 26111 YNEZ RD #B21 26531 YNEZ RD 40900 WINCHESTER RD 26111 YNEZ RD #B 26631 YNEZ RD 40900 WINCHESTER RD 26201 YNEZ RD 26531 YNEZ RD #E 40900 WINCHESTER RD 26439 YNEZ RD #A 26550 YNEZ RD #A 40900 WINCHESTER RD 26443 YNEZ RD 26550 YNEZ RD #B 40900 WINCHESTER RD 26451 YNEZ RD #B 26550 YNEZ RD #O 40917 WINCHESTER RD 26460 YNEZ RD #N 26552 YNEZ RD #Q 40941 WINCHESTER RD 26478 YNEZ RD 26610 YNEZ RD 41125 WINCHESTER RD #7& 8 26480 YNEZ RD 26610 YNEZ RD 41125 WINCHESTER RD #A3 26480 YNEZ RD #O 26610 YNEZ RD 41555 WINCHESTER RD 26480 YNEZ RD #B 26631 YNEZ RD 41555 WINCHESTER RD 26480 YNEZ RD #O 26631 YNEZ RD 41555 WINCHESTER RD 26480 YNEZ RD #O 26550 YNEZ RD #D 41669 WINCHESTER RD 26480 YNEZ RD #B 26550 YNEZ RD #B 42309 WINCHESTER RD BLDG A 26483 YNEZ RD #D 26550 YNEZ RD #C 42347 WINCHESTER RD 26487 YNEZ RD #D 26671 YNEZ RD 42349 WINCHESTER RD 26487 YNEZ RD #H 26705 YNEZ RD 42409 WINCHESTER RD 26487 YNEZ RD #H 26705 YNEZ RD 42409 WINCHESTER RD 26489 YNEZ RD #A 26705 YNEZ RD 42400 WINCHESTER RD 26491 YNEZ RD 26705 YNEZ RD 42409 WINCHESTER RD 26491 YNEZ RD 26755 YNEZ RD 42411 WNCHESTER RD 26520 YNEZ RD #P 26755 YNEZ RD 42639 WINCHESTER RD 26520 YNEZ RD 26755 YNEZ RD 41670 WINCHESTER RD 26520 YNEZ RD 26755 YNEZ RD 41707 WINCHESTER RD #201 29700 YNEZ RD 26755 YNEZ RD 41707 WINCHESTER RD #102 26520 YNEZ RD #P 26799 YNEZ RD 41707 WINCHESTER RD 26520 YNEZ RD 26799 YNEZ RD 41735 WINCHESTER RD #F 26531 YNEZ RD #E 26799 YNEZ RD 41750 WINCHESTER RD #N&O 26531 YNEZ RD #A/B 26799 YNEZ RD 41995 WINCHESTER RD 26531 YNEZ RD 26755 YNEZ RD 42009 WINCHESTER RD 26531 YNEZ RD #E 26790 YNEZ RD 42020 WINCHESTER RD 26531 YNEZ RD #B 26800 YNEZ RD 42191 WINCHESTER RD 26531 YNEZ RD 26895 YNEZ RD 42299 WINCHESTER RD 26531 YNEZ RD #E 27360 YNEZ RD 42299 WINCHESTER RD 26531 YNEZ RD 27360 YNEZ RD 42299 WINCHESTER RD 26531 YNEZ RD 27360 YNEZ RD 42299 WINCHESTER RD 26531 YNEZ RD 27393 YNEZ #162 42319 WINCHESTER RD #B 26531 YNEZ RD #B-1 27403 YNEZ RD #106 40495 YARDLEY CT 26531 YNEZ RD #A/B 27403 YNE RD #207 26790 YNEZ CT 26531 YNEZ RD #A/B 27411 YNEZ RD 26790 YNEZ CT #A 26531 YNEZ #E 27413 YNEZ RD 26109 YNEZ RD 26531 YNEZ RD 27425 YNEZ RD Box 72 Page 1 of 1 Box 72 Building Permits 27426 YNEZ RD #N1 27546 YNEZ RD #P2-B 42301 ZEVO DR 27430 YNEZ RD 27548 YNEZ RD 42301 ZEVO DR 27450 YNEZ RD #106 27548 YNEZ RD 42301 ZEVO DR #A 27450 YNEZ RD 27555 YNEZ RD #130 42301 ZEVO DR 27450 YNEZ RD 27555 YNEZ RD #130 42301 ZEVO DR 27468 YNEZ RD #B3 27555 YNEZ RD #330 42301 ZEVO DR 27468 YNEZ RD #B3 27555 YNEZ RD 42301 ZEVO DR #E & F 27468 YNEZ RD #A1-9 27555 YNEZ RD #310 41482 ZINFANDEL AVE 27468 YNEZ RD #A-1 27555 YNEZ RD #310 41571 ZINFANDEL AVE 27468 YNEZ RD B3-B9 27555 YNEZ RD #100 41711 ZINFINDEL AVE 27473 YNEZ RD 27555 YNEZ RD 27473 YNEZ RD 27557 YNEZ RD 27475 YNEZ RD 27576 YNEZ RD 27476 YNEZ RD 27560 YNEZ RD 27476 YNEZ RD 27576 YNEZ RD #H7 27485 YNEZ RD 27580 YNEZ RD #B 27485 YNEZ RD 27636 YNEZ RD 27487 YNEZ RD 27636 YNEZ RD 27489 YNEZ RD 27645 YNEZ RD 27489 YNEZ RD 27645 YNEZ RD 27491 YNEZ RD 27691 YNEZ RD 27499 YNEZ RD 27691 YNEZ RD 27499 YNEZ RD 28250 YNEZ RD 27507 YNEZ RD #A 28250 YNEZ RD 27507 YNEZ RD #B 28250 YNEZ RD 27507 YNEZ RD #A 28903 YNEZ RD 27509 YNEZ RD 28921 YNEZ RD 27511 YNEZ RD 29111 YNEZ RD 27513 YNEZ RD 29201 YNEZ RD 27517 YNEZ RD 29201 YNEZ RD 27519 YNEZ RD 29420 YNEZ RD 27520 YNEZ RD 29420 YNEZ RD 27520 YNEZ RD 29420 YNEZ RD 27523 YNEZ RD 29501 YNEZ RD 27536 YNEZ RD 29528 YNEZ RD 27536 YNEZ RD 29830 YNEZ RD 27536 YNEZ RD #5 29830 YNEZ RD 27540 YNEZ RD #J-13 30075 YNEZ RD 27540 YNEZ RD 36480 YNEZ RD #C 27541 YNEZ RD 41685 YORBA AVE 27544 YNEZ RD #Q-1 42095 ZEVO DR 27544 YNEZ RD #Q-1 42210 ZEVO DR 27546 YNEZ RD #P2-A 42230 ZEVO DR Box 72 Page 2 of 2 Box 73 Building Permits 41493 MARGARITA RD 44501 RAINBOW CANYON RD 30680 RANCHO CALIFORNIA RD 41520 MARGARITA RD 44501 RAINBOW CANYON RD 44697 VAIL OAKS RD 41520 MARGARITA RD 40124 RAM CT 42065 VANDAMERE CT 41579 MARGARITA RD 29744 RAMSEY CT 42066 VANDAMERE CT 41609 MARGARITA RD 43040 RANCHO WY 42075 VANDAMERE CT 41619 MARGARITA RD #200 43040 RANCHO WY 42076 VANDAMERE CT 41619 MARGARITA RD #D 43040 RANCHO WY #100 42085 VANDAMERE CT 41623 MARGARITA RD #101 43191 RANCHO WY 42086 VANDAMERE CT 41623 MARGARITA RD 29676 RANCHO CALIFORNIA RD 42095 VANDAMERE CT 41623 MARGARITA RD #100 28751 RANCHO CALIFORNIA RD #100 42096 VANDAMERE CT 41623 MARGARITA RD 28903 RANCHO CALIFORNIA RD 42105 VANDAMERE CT 41623 MARGARITA RD 28910 RANCHO CALIFORNIA RD 42106 VANDAMERE CT 41623 MARGARITA RD #101 28915 RANCHO CALIFORNIA RD 42115 VANDAMERE CT 41623 MARGARITA RD #102 28915 RANCHO CALIFORNIA RD 42116 VANDAMERE CT 41634 MARGARITA RD 29375 RANCHO CALIFORNIA RD 42126 VANDAMERE CT 41637 MARGARITA RD 29385 RANCHO CALIFORNIA RD 42136 VANDAMERE CT 41637 MARGARITA RD #101 29385 RANCHO CALIFORNIA RD 33302 VERMONT RD 41637 MARGARITA RD #G1 29400 RANCHO CALIFORNIA RD 33312 VERMONT RD 41637 MARGARITA RD #100 29530 RANCHO CALIFORNIA RD 33322 VERMONT RD 41637 MARGARITA RD #101 29530 RANCHO CALIFORNIA RD 33332 VERMONT RD 41637 MARGARITA RD #102 29560 RANCHO CALIFORNIA RD 33342 VERMONT RD 41637 MARGARITA RD 29588 RANCHO CALIFORNIA RD #K9 33352 VERMONT RD 41637 MARGARITA RD #106 29610 RANCHO CALIFORNIA RD 30144 VIA ARBOLEDA 41754 MARGARITA RD 29640 RANCHO CALIFORNIA RD 32191 VIA BEJARANO 41837 MARGARITA RD 29640 RANCHO CALIFORNIA RD 42111 VIA BESO DEL SOL 41955 MARGARITA RD 29676 RANCHO CALIFORNIA RD 42312 VIA CONSUELO CT 41988 MARGARITA RD 29676 RANCHO CALIFORNIA RD 27368 VIA INDUSTRIA #113 42234 MARGARITA RD 29720 RANCHO CALIFORNIA RD 27368 VIA INDUSTRIA #114 42690 MARGARITA RD 29750 RANCHO CALIFORNIA RD 28920 VIA NORTE 42775 MARGARITA RD 29750 RANCHO CALIFORNIA RD 42025 VIA RENATE 42775 MARGARITA RD 29760 RANCHO CALIFORNIA RD 29836 VILLA ALTURAS DR 43053 MARGARITA RD #13104 29760 RANCHO CALIFORNIA RD #101 39727 WESTCHESTER CT 43053 MARGARITA RD #13104 29760 RANCHO CALIFORNIA RD #103 39730 WESTCHESTER CT 43053 MARGARITA RD 29762 RANCHO CALIFORNIA RD 39742 WESTCHESTER CT 43053 MARGARITA RD #B103 29766 RANCHO CALIFORNIA RD 40150 WINCHESTER RD #2 43057 MARGARITA RD #B104 29766 RANCHO CALIFORNIA RD 40150 WINCHESTER RD 43057 MARGARITA RD #C103 30530 RANCHO CALIFORNIA RD 40150 WINCHESTER RD #3 43057 MARGARITA RD #C103 30530 RANCHO CALIFORNIA RD 40160 WINCHESTER RD #1 43153 MARGARITA RD 30570 RANHCO CALIFORNIA RD #A111 40232 WINCHESTER RD 43905 MARGARITA RD 30650 RANCHO CALIFORNIA RD #D40440277 WINCHESTER RD 43905 MARGARITA RD 30650 RANCHO CALIFORNIA RD 40279 WINCHESTER RD 44239 MARGARITA RD 30680 RANCHO CALIFORNIA RD 40295 WINCHESTER RD #3 44501 RAINBOW CANYON RD 30680 RANCHO CALIFORNIA RD 40315 WINCHESTER RD #C Box 73 Page 1 of 1 Box 73 Building Permits 40315 WINCHESTER RD #C 40695 WINCHESTER RD #C 40315 WINCHESTER RD #B 40695 WINCHESTER RD #4 40315 WINCHESTER RD 40695 WINCHESTER RD #C2 40315 WINCHESTER RD #C 40705 WINCHESTER RD 40315 WINCHESTER RD 40705 WINCHESTER RD #A3 40315 WINCHESTER RD #D 40705 WINCHESTER RD #A102 40315 WINCHESTER RD 40720 WINCHESTER RD 40325 WINCHESTER RD 40758 WINCHESTER RD 40335 WINCHESTER RD 40758 WINCHESTER RD 40355 WINCHESTER RD 40758 WINCHESTER RD #B 40365 WINCHESTER RD 40758 WINCHESTER RD #A&B 40365 WINCHESTER RD 40758 WINCHESTER RD #F 40390 WINCHESTER RD 40780 WINCHESTER RD 40390 WINCHESTER RD 40810 WINCHESTER RD #H 40395 WINCHESTER RD 40810 WINCHESTER RD #C 40395 WINCHESTER RD 40810 WINCHESTER RD #2H 40395 WINCHESTER RD #B 40810 WINCHESTER RD #H 40395 WINCHESTER RD #A 40820 WINCHESTER RD #FC1 40395 WINCHESTER RD #B 40820 WINCHESTER RD #1750 40405 WINCHESTER RD #101 40820 WINCHESTER RD #2760 40405 WINCHESTER RD #102 40820 WINCHESTER RD #K9 40405 WINCHESTER RD #101 40820 WINCHESTER RD #2330 40405 WINCHESTER RD #102 40820 WINCHESTER RD #FC3 40420 WINCHESTER RD 40820 WINCHESTER RD #K7 40435 WINCHESTER RD 40820 WINCHESTER RD #1750 40438 WINCHESTER RD 40820 WINCHESTER RD #2296 40450 WINCHESTER RD 40820 WINCHESTER RD #KO5 40458 WINCHESTER RD #E 40820 WINCHESTER RD #1860 40458 WINCHESTER RD #E 40820 WINCHESTER RD #2240 40458 WINCHESTER RD #E 40820 WINCHESTER RD #2710 40464 WINCHESTER RD 40820 WINCHESTER RD 40470 WINCHESTER RD 40820 WINCHESTER RD #2330 40640 WINCHESTER RD 40820 WINCHESTER RD #2610 40640 WINCHESTER RD 40830 WINCHESTER RD 40640 WINCHESTER RD 40830 WINCHESTER RD 40640 WINCHESTER RD 40640 WINCHESTER RD 40665 WINCHESTER RD #134 40665 WINCHESTER RD #134 40665 WINCHESTER RD# B2 40680 WINCHESTER RD 40695 WINCHESTER RD #4 40695 WINCHESTER RD #4 Box 73 Page 2 of 2 Box 75 Building Permits 43771 JOHN WARNER RD 43211 SAN JOSE CT 40110 STOWE RD 43991 JOHN WARNER RD 42312 SAN JOSE CT 40116 STOWE RD 32977 JOHN WY 42321 SAN JOSE CT 40122 STOWE RD 42577 JOLENE CT 42322 SAN JOSE CT 31214 SUNNINGDALE DR 42720 JOLLE CT 42271 SAN JOSE CT 42420 SUVA LN 42740 JOLLE CT 42281 SAN JOSE CT 42423 SUVA LN 43990 JOHN WARNER RD 42291 SAN JOSE CT 42430 SUVA LN 31253 JURA CT 32811 SAN JUAN CT 42433 SUVA LN TR23143-7 PERIMETER WALL 32821 SAN JUAN CT 42440 SUVA LN 45611 KIMO ST 32831 SAN JUAN CT 42443 SUVA LN 43123 KNIGHTSBRIDGE WY 32841 SAN JUAN CT 27561 SWALLOW CT 40575 LA COLIMA RD 32851 SAN JUAN CT 42054 SWEETSHADE LN 44557 LA PAZ RD #8 42705 SAN JULIAN PL 42403 SWOBODA CT 44637 LA PAZ RD 32457 SAN MARCO DR 40251 TANAGER CR 44649 LA PAZ RD #16 30452 SAN PASQUAL RD 44786 TEHACHAPI PASS 44650 LA PAZ ST 30119 SANTA CECILLA DR 32978 TERRANCE DR 44557 LA PAZ RD #B 30347 SANTA CECILLA DR 44032 TERRAZA CT 44557 LA PAZ RD #A&B 42754 SANTA SUZANNE PL 44666 THATCHER CT 44607 LA PAZ ST 30680 SANTIAGO RD 32819 TIMPO CR 44613 LA PAZ ST 28821 SARASOTA LN 32842 TIMPO CR 44667 LA PAZ RD. #18 30360 SENELA CT 45470 TOURNAMENT LN 41337 PINE TREE CR 39492 SERAPHINA RD 29202 TOWNSHIP RD 31580 PIO PICO 30490 SHENANDOAH CT 30260 TRADEWATER CT 31705 PIO PICO 30495 SHENANDOAH CT 32908 TRESTILE LN 32910 PLIANCE WY 30214 SIERRA MADRE DR 32909 TRESTILE LN 32911 PLIANCE WY 30662 SKY TERRACE DR 32918 TRESTILE LN 32920 PLIANCE WY 41800 SKYWOOD DR 32919 TRESTILE LN 32921 PLIANCE WY 32944 SOTELO DR 32928 TRESTILE LN 32930 PLIANCE WY 42538 SPARKS CT 32929 TRESTILE LN 32930 PLIANCE WY 32369 SANKO CR 32938 TRESTILE LN 32931 PLIANCE WY 32370 STANKO CR 32939 TRESTILE LN 32940 PLIANCE WY 32379 STANKO CR 32948 TRESTILE LN 32941 PLIANCE WY 32380 STANKO CR 32949 TRESTILE LN 32950 PLIANCE WY 32389 STANKO CR 32958 TRESTILE LN 32951 PLIANCE WY 32390 STANKO CR 32959 TRESTILE LN 32960 PLIANCE WY 32399 STANKO CR 44868 TROTSDALE 32961 PLIANCE WY 32409 STANKO CR 44936 TROTSDALE 39600 POURROY RD 32419 STANKO CR 32852 TULLY RANCH RD 40977 PROMENADE 32429 STANKO CR 40230 TUOLOMNE CT 41049 PROMENADE CHAR 32449 STANKO CR 43443 TYLMAN ST 41081 PROMENADE CHAR 32459 STANKO CR 43470 TYLMAN ST 41231 PROMENADE CHAR 32489 STANKO CR 40151 VALERIANA CT 41308 PROMENADE CHAR 32728 STONEFIELD LN 29640 VALLE OLVERA 29066 PROVIDENCE RD 32738 STONEFIELD LN 29118 VALLEJO AVE 29078 PROVIDENCE RD 31748 STONEFIELD LN 42126 VANDAMERE CT 29087 PROVIDENCE RD 32758 STONEFIELD LN 41830 VARDON DR 29090 PROVIDENCE RD 32768 STONEFIELD LN 33135 VERMONT RD 29102 PROVIDENCE RD 40014 STOWE RD 33304 VERMONT RD 29114 PROVIDENCE RD 40026 STOWE RD 33326 VIA ALVARO 29135 PROVIDENCE RD 40038 STOWE RD 43319 VIA ANGELES 29138 PROVIDENCE RD 40041 STOWE RD 42111 VIA BESO DEL SOL 29147 PROVIDENCE RD 40047 STOWE RD 31759 VIA CAMPANARIO 29159 PROVIDENCE RD 40050 STOWE RD 31364 VIA CORDOBA 29171 PROVIDENCE RD 40053 STOWE RD 31665 VIA CORDOBA 29174 PROVIDENCE RD 40059 STOWE RD 31905 VIA CORDOBA 29183 PROVIDENCE RD 40062 STOWE RD 30070 VIA DE LA MESA 29186 PROVIDENCE RD 40065 STOWE RD 32444 VIA DESTILLO 42272 REGENTS HILL CR 40071 STOWE RD 32603 VIA DESTILLO 42282 REGENTS HILL CR 40074 STOWE RD 32650 VIA DESTILLO 42292 REGENTS HILL CR 40077 STOWE RD 32231 VIA FLORES 27559 ROSEBAY CT 40086 STOWE RD 29321 VIA NORTE 42302 REGENTS HILL CR 40104 STOWE RD 29370 VIA NORTE Box 75 Page 1 of 2 Box 75 Building Permits 31589 VIA SANTA INES 31595 VIA SANTA INES 30120 VIA MONTEREY 40747 WALCOTT LN 30920 WELLINGTON CR 31125 WELLINGTON CR 39775 WESTCHESTER CT 40518 WGASA PL 42585 WHISTLE CT 30871 WHITE ROCKS 41469 WINGED FOOT ST Box 75 Page 2 of 2 Box 76 Building Permits 42288 AGENA ST 28968 BRIDGEHAMPTON RD 30949 CALLE PINA COLADA 32465 AKES PASS 28977 BRIDGEHAMPTON RD 43859 CALLE SANDOR 43726 ALCOBA DR 28980 BRIDGEHAMPTON RD 43871 CALLE SANDOR 43668 ALTAMURA CT 28989 BRIDGEHAMPTON RD 43883 CALLE SANDOR 40897 ALTON CT 28992 BRIDGEHAMPTON RD 43907 CALLE SANDOR 29605 AMWOOD WY 29004 BRIDGEHAMPTON RD 43919 CALLE SANDOR 29629 AMWOOD WY 29016 BRIDGEHAMPTON RD 43931 CALLE SANDOR 29636 AMWOOD WY 29028 BRIDGEHAMPTON RD 43943 CALLE SANDOR 32437 ANGELO DR 29040 BRIDGEHAMPTON RD 43995 CALLE SANDOR 32461 ANGELO DR 29052 BRIDGEHAMPTON RD 40294 CALLE TORCIDA 32464 ANGELO DR 29064 BRIDGEHAMPTON RD 40655 CALLE TORCIDA 32469 ANGELO DR 29073 BRIDGEHAMPTON RD 40695 CALLE TORCIDA 32534 ANGELO DR 29061 BRIDGEHAMPTON RD 32249 CAMINO CALIARI 32559 ANGELO DR 28821 BRISTOL RD 40320 CAMINO CAMOS VERDES 27460 AQUA VISTA WY #B 28824 BRISTOL RD 31150 CAMINO DEL ESTE 27470 AQUA VISTA WY 28833 BRISTOL RD 43727 CAMINO GALLEGOS 31343 ARABASCA CR 28836 BRISTOL RD 44638 CAMINO GONZALES 41493 ASHBURN RD 28845 BRISTOL RD 42234 CAMINO MERANO 32814 ASHELY ROSE CT 28848 BRISTOL RD 42361 CAMINO MERANO 32815 ASHELY ROSE CT 28860 BRISTOL RD 33196 CAMINO PIEDRA ROJO 32824 ASHELY ROSE CT 28872 BRISTOL RD 40412 CARMELITA CR 32825 ASHELY ROSE CT 30030 CABRILLO AV 40655 CEBU DR 32834 ASHELY ROSE CT 30285 CABRILLO AV 40901 CEBU DR 32835 ASHELY ROSE CT 29980 CACTUS PL 40988 CEBU DR 32844 ASHELY ROSE CT 43688 CALABRO ST 31821 CERCLE CHAMBERTIN 32845 ASHELY ROSE CT 32088 CALA GERONA 31839 CERCLE CHAMBERTIN 32854 ASHELY ROSE CT 32118 CALA TORRENTE 31928 CERCLE CHAMBERTIN 32855 ASHELY ROSE CT 32235 CALA TORRENTE 31543 CHAMPIONS CR 40874 BACCARAT RD 42160 CALABRIA DR 31600 CHAMPIONS CR 42292 BARLOW DR 31135 CALLE ARAGON 40615 CHANTEMAR WY 42293 BARLOW DR 31180 CALLE ARAGON 40636 CHANTEMAR WY 42298 BARLOW DR 32013 CALLE BALAREZA 40411 CHAUNCEY WY 42299 BARLOW DR 32024 CALLE BALAREZA 40418 CHAUNCEY WY 43825 BARLETTA ST 32247 CALLE BALAREZA 31615 CHELSEA WY 44535 BEDFORD CT #B 32115 CALLE BALLENTINE 31376 CHEMIN CHEVALIER 44535 BEDFORD CT 43701 CALLE BALMEZ 31383 CHEMIN CHEVALIER 43124 BELLOTA CT 43750 CALLE BALMEZ 41121 CHEMIN COUTET 41466 BIG SAGE CT 43765 CALLE BALMEZ 42156 CHESTNUT DR 27455 BOLANDRA CT 43782 CALLE BALMEZ 28794 CHEVERLY CT 28845 BOOTH BAY RD 43797 CALLE BALMEZ 28826 CHEVERLY CT 28851 BOOTH BAY RD 44757 CALLE BANUELOS 43351 CHICO DR 28857 BOOTH BAY RD 31932 CALLE CABALLOS 45602 CLASSIC WY 28863 BOOTH BAY RD 32041 CALLE CABALLOS 45676 CLASSIC WY 28869 BOOTH BAY RD 32061 CALLE CABALLOS 45981 CLASSIC WY 28875 BOOTH BAY RD 32064 CALLE CABALLOS 32669 CLEARVAIL DR 28881 BOOTH BAY RD 32088 CALLE CABALLOS 31895 CORTE ALGETE 28887 BOOTH BAY RD 32091 CALLE CABALLOS 43415 CORTE ALMERIA 28893 BOOTH BAY RD 43000 CALLE CAMELLIA 43095 CORTE ALMONTE 41715 BOREALIS DR 43040 CALLE CAMELLIA 43785 CORTE AMAYA 27430 BOSTIK CT 43060 CALLE CAMELLIA 43126 CORTE ARGENTO 30915 BRANFORD DR 44710 CALLE HILARIO 30955 CORTE ARROYO VISTA 41304 BRAVOS CT 40671 CALLE KATERINE 32022 CORTE BACARRO 31632 BRIARWOOD PL 31506 CALLE LOS PADRES 41646 CORTE BALBOA 28893 BRIDGEHAMPTON RD 43241 CALLE MATARO 44699 CALLE BANUELOS 28905 BRIDGEHAMPTON RD 33156 CALLE MIRA COPA 43365 CORTE BARBASTE 28917 BRIDGEHAMPTON RD 40233 CALLE MEDUSA 33552 CORTE BONILLA 28920 BRIDGEHAMPTON RD 40641 CALLE MEDUSA 33627 CORTE BONILLA 28929 BRIDGEHAMPTON RD 43439 CALLE NACIDO 42941 CORTE CABELLO 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CREATIVE DR 39859 CREATIVE DR 44625 CRESTWOOD CR 42224 CROWNE HILL DR 42326 CROWNE HILL DR 42400 CROWNE HILL DR 30974 CRYSTALAIRE DR TR23143-6 MONUMENT SIGN 30231 CUPENO LN 43533 DODARO DR 42504 DRENNON CT 42507 DRENNON CT 42514 DRENNON CT 42517 DRENNON CT 42524 DRENNON CT 42527 DRENNON CT 42534 DRENNON CT 42537 DRENNON CT 42544 DRENNON CT 42547 DRENNON CT 42554 DRENNON CT 42557 DRENNON CT 42564 DRENNON CT 42567 DRENNON CT 42574 DRENNON CT 42577 DRENNON CT 42584 DRENNON CT 41873 DRIVER LN Box 76 Page 2 of 3 Misc. Permits from County 33638 Abbey Rd 45293 Chateau Ct 44663 Pris Ln 33648 Abbey Rd 45315 Callesito Burgos 44801 Potestas Dr 33710 Abbey Rd 33350 Estridge PI 45301 Quail Crest Dr 45324 Aguila Ct 32836 Freesia Wy 45357 Quail Crest Dr 45327 Aguila Ct 32920 Freesia Wy 32629 Strigel Ct 45334 Aguila Ct 32358 Gardenvail Dr 32965 Sotelo Dr 45337 Aguila Ct 32382 Gardenvail Dr 32968 Soltelo Dr 45344 Aguila Ct 33087 Garoli Pass 33088 Sotelo Dr 45347 Aguila Ct 33156 Garoli Pass 44946 Tehachapi Pass 45354 Aguila Ct 44274 George Cushman 33146 Terrace Dr 45357 Aguila Ct 44307 George Cushman 33358 Twin Hills Wy 45367 Aguila Ct 33028 Harmony Ln 33371 Twin Hills Wy 45377 Aguila Ct 32668 Hupa Dr 33382 Twin Hills Wy 45249 Ambedeaf Wy 32776 Hupa Dr 33398 Twin Hills Wy 44721 Avia Cr 32812 Hupa Dr 33406 Twin Hills Wy 33304 Barrington Dr 32486 Hupp Dr 31955 Via Rio 33445 Barrington Dr 32201 Hwy 79 S 31955 Via Rio 33453 Barrington Dr 33293 Hwy 79 S 32082 Via Saltio 33469 Barrington Dr 44378 Katie Ct 32127 Via Saltio 33360 Barrington Dr 44387 Katie Ct 32466 Vail Creek Dr 33455 Biltmore Dr 44718 Longfellow Ave 32533 Vail Creek Dr 44568 Boguta Wy 44737 Longfellow Ave 32546 Vail Creek Dr 32233 Corte Fraga 44785 Longfellow Ave 32702 Willowvail Cr 32690 Clearvail Dr 44798 Longfellow Ave 32840 Wolf Store Rd 33215 Camino Maraca 44806 Longfellow Ave 32844 Wolf Store Rd 33286 Calle Langarica 44806 Longfellow Ave 33578 Rosewood Cr 44828 Corte Rodriguez 44817 Longfellow Ave 33633 Rosewood Cr 33320 Calle Cantu 44822 Longfellow Ave 44729 Vailoaks Rd 33383 Crestview Dr 44825 Longfellow Ave 44942 Camino Alamosa 44459 Cayenne Tr 44833 Longfellow Ave 45300 Vista Verde 44560 Cayenne Tr 44850 Longfellow Ave 45393 Vista Verde Dr 44601 Crestwood Cr 44849 Longfellow Ave 45413 Vista Verde Dr 44610 Crestwood Cr 44857 Longfellow Ave 45413 Vista Verde Dr 44626 Camino Gonzalez 44865 Longfellow Ave 45430 Vista Verde Dr 33674 Channel St 33561 Maplewood Ct 45440 Vista Verde Dr 44743 Corte Gutierrez 44911 Marge PI 45453 Vista Verde Dr 45226 Camino Monzon 44916 Marge PI 45463 Vista Verde Dr 45253 Chateau Ct 44682 Mill Run Ct 45280 Vista Verde Dr 45269 Chateau Ct 44374 Nighthawk Pass 45288 Chateau Ct 44464 Nighthawk Pass ITEM 5 APPROVAL CITY ATTORNEY G�/� DIR. OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Tim Thorson, Director of Information Systems DATE: July 27, 2004 SUBJECT: Recreation Software Upgrade — Licensing, Hardware, Installation, and Maintenance RECOMMENDATION: That the City Council authorize the purchase agreement with Active Network for the recreation software upgrade in the amount of $44,141.97. DISCUSSION: The Community Services Department has been using RecWare, a registration and facility reservation software program designed specifically for recreation agencies, since February 1995. This multi -site database program is an integral part of providing high -quality customer service and accurate record keeping for the department. Staff uses RecWare to process over 4,800 activity registrations and 700 facility reservations annually, accounting for over $468,000 in annual revenue. A team comprised of staff members from the Community Services and Information Systems Departments has been reviewing the option related to the continuing use of this program. The team determined that the program is a valuable tool to the department but, unfortunately, is outdated and needs to be replaced. RecWare is based on FoxPro, a computer language that is quickly becoming obsolete and incompatible with the City's computer systems. In addition to the rapid changes in technology, the Department has added many new programs and facilities in the past five years, thereby increasing the number of registrations/reservations processed. Consequently, the demand on the RecWare program continues to grow and the current version of the program no longer meets the Department's needs for an efficient and reliable software program. As a result of the instability of the current RecWare system, staff has been researching new registration/facility reservation software packages. The staff committee has concurred that RecWare Safari, an upgraded client/server version of RecWare, would be the best choice for the department. Information Systems supports this choice because it is compatible with the City's current computer systems and can be installed on the existing SQL database, so no new Microsoft licenses need to be purchased. The advanced technology of Safari will allowfor the expansion of department programs and facilities and give us the option of new components that will enhance customer service and result in cost savings through reduced requirements for staff time. These new options include the ability to upload financial data directly into Eden, versus staff entering data twice, and access to customized financial reports, and online registration for customers who prefer to register through the Internet. This purchase includes all software components, user licenses, implementation and support services (training), and the first year of the annual maintenance fee for ongoing technical support. FISCAL IMPACT: Adequate funds are available in the 2004-05 Fiscal Year Budget- Information Systems Internal Services fund. ATTACHMENTS: Software Installation, Licensing and Maintenance Agreement between the Active Network (formerly RecWare) and the City of Temecula (including attachments) SOFTWARE INSTALLATION, LICENSING AND MAINTENANCE AGREEMENT BETWEEN THE ACTIVE NETWORK (FORMERLY RECWARE) AND THE CITY OF TEMECULA THIS AGREEMENT is made and effective as of July 1, 2004, between the City of Temecula, a municipal corporation ("City") and The Active Network (formerly RecWare), a ("Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. The effective date of this Agreement shall be July 1, 2004, and, with respect to deliverables to be provided and software installation and training, this Agreement shall remain and continue in effect until all deliverables have been received and all installation and training services have been completed to City's reasonable satisfaction, but no later than June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. The term of any software licenses purchased hereunder by the City shall be perpetual so long as City complies with all license terms and conditions including full payment of all fees associated with purchase of the software licenses,. With respect to software maintenance and support, the term of this Agreement shall be from the date of City's receipt of software, effective until terminated by the City, or until the Vendor no longer maintains and supports the software. Furthermore, either Vendor or City can terminate the software maintenance and support agreement at any time for any reason with only a 30 day notification. 2. SERVICES. Vendor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Vendor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Vendor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Vendor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Vendor hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. If work required to be performed by the Vendor is subject to prevailing wage laws, then 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 Vendor Agreement 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 -Vendor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub Vendor under him, in violation of the provisions of the Agreement. 5. PAYMENT. a. Subject to the retention amount(s) specified herein, the City agrees to pay Vendor , 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. The total payment for software and installation shall not exceed Forty Four Thousand, One Hundred Forty Dollars and Ninety Seven Cents, ($44,141.97), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Notwithstanding any other provision of this Agreement, final payment, as specified in Exhibit "B" hereto, shall not occur unless and until Vendor has cured any and all errors and/or malfunctions in the licensed Software that materially and adversely affect functionality, or substantially interfere with or prevent City's full and complete use of the Software as an integrated system. b. Vendor 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 Vendor's fees it shall give written notice to Vendor within 15 days of receipt of a invoice of any disputed fees set forth on the invoice. Any undisputed payment not paid to Vendor within the above -described 30-days period will accrue interest in an amount equal to one -and -a -half percent (1.5%) per month, compounded monthly, on the outstanding balance from the billing date. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. Subject to the requirements and limitations in this section, and elsewhere in this agreement, especially the warranty limitations set forth in the Attachments to this Agreement, Vendor hereby offers a money back guarantee for the cost of the RecWare software licenses for a period of twelve (12) months from the first day of training provided by Vendor. This money back guarantee shall cover any occurrence where a RecWare software product has been delivered and provided to The City, but does not reasonably conform with Vendor's printed documentation as well as Vendor's proposal(Exhibit B) for the product. This guarantee shall be subject to the following restrictions and requirements: 1) Should such a non -conformity be discovered by the City, The City agrees to notify Vendor immediately and provide a detailed description of the non -conformity in writing. Vendor shall not be held liable to provide any money back guarantee if: a) The City does not notify Vendor in writing immediately within ten (10) business days of when it learns that a non -conformity exists; and, b) City provides written notice to Vendor within twelve months of City's receipt of software. 2) After notifying Vendor of a non -conformity, The City shall then provide Vendor with a cure and correction period of 60 days, so that Vendor may achieve conformance. 3) During the cure and correction period, Vendor may deliver a RecWare software update, or use other means as appropriate, to bring the RecWare software into conformance with any non -conformities that have been communicated in writing by The City. 4) If Vendor does not deliver a RecWare software update or provide other remedies prior to the end of the cure and correction period to ensure that the RecWare software product is conforming to the printed documentation as well as Vendor's proposal and the Software Description, The City may request a refund of the total cost of the RecWare software licenses per paragraph 5, below. If a non -conformity exists, and if Vendor has failed to cure or correct any non -conformity during the designated cure and correction period, Vendor shall promptly provide such a refund. 5) If The City requests such a refund, The City agrees to make such a request in writing, and include a detailed explanation of the non -conformity. Upon providing such a notice to Vendor, The City agrees to immediately cease and discontinue use of all the RecWare software products and to immediately return all copies of the software, documentation, and other materials to Vendor. The City shall receive a refund of all license fees and prepaid maintenance/support fees if any "non -conformity" prevents the City from using any portion of the system. 6) Vendor shall not be held liable in any way, including with respect to provisions of this money back guarantee, if The City fails to uphold its obligations as documented in this Agreement. 7) Upon effecting such money -back guarantee, City's license to any software herein shall terminate. 7. DEFAULT OF VENDOR. a. The Vendor's failure to comply with the material provisions of this Agreement shall constitute a default. If such material failure by the Vendor to make progress in the performance of work hereunder arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Vendor is in default in the performance of any of the material terms or material conditions of this Agreement, it shall serve the Vendor with written notice of the default. The Vendor shall have sixty (60) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Vendor 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. C. The Vendor will put the source code in a "source code escrow" upon the City's request, and at the City's expense. The escrow shall provide that the City shall be entitled to the source code if the Vendor files for bankruptcy or is acquired and discontinues this product or any derivation, modification or portion thereof. 8. OWNERSHIP OF DOCUMENTS. a. Vendor 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. Vendor 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. Vendor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Except as otherwise provided herein, upon completion of, or in the event of termination or suspension of this Agreement, without fault of City, and upon payment by City to Vendor of all accrued fees, all original documents, designs, drawings, maps, models, work, surveys, notes, and other documents prepared exclusively and specifically for the City, 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 Vendor. C. Nothing in this Section is intended by the parties or will be construed to convey ownership of copyrighted or copyrightable works, including proprietary software, owned or controlled by Vendor prior to the effective date of this Agreement ("Pre -Existing Works"), works created after the effective date of this Agreement for customers other than the City, or 3 works created for the City which are derivative of Vendor's Pre -Existing Works or are intended to be available to other clients of Vendor. 9. INDEMNIFICATION. The Vendor 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 any person, or damage to property arising out of Vendor's negligence or intentional misconduct or non-performance of this Agreement, excepting only claims and liabilities arising out of the active negligence of the City. Vendor's liability for third party claims pursuant to this Section shall not be limited by any other provision of this Agreement or attachment hereto. The City agrees to defend, indemnify, protect and hold harmless the Vendor, 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 Vendor, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of any person, or damage to property arising out of City's negligence or intentional misconduct or non-performance of this Agreement, excepting only claims and liabilities arising out of the active negligence of the Vendor. City's liability for third party claims pursuant to this Section shall not be limited by any other provision of this Agreement or attachment hereto. 10. INSURANCE REQUIREMENTS. Vendor shall procure and maintain for the duration of the Agreement 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 Vendor, its agents, representatives, employees, and subcontractors. 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 Vendor 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 Vendor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Vendor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Vendor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 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 Vendor 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 Vendor; products and completed operations of the Vendor; premises owned, occupied or used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. 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 Vendor'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 Vendor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Vendor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Vendor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Vendor'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. Vendor 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 Vendor shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Vendor or any of Vendor's officers, employees, or agents except as set forth in this Agreement. Vendor 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. Vendor 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 Vendor in connection with the performance of this Agreement. Except for the fees paid to Vendor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Vendor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Vendor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Vendor 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 Vendor 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 Vendor to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by either party in performance of this Agreement shall be considered confidential and shall not be released by such party without the other parry's prior written authorization. Vendor, its officers, employees, agents or subcontractors , shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary' provided Vendor gives City notice of such court order or subpoena. b. Vendor shall promptly notify City should Vendor, 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 Vendor and/or be present at any deposition, hearing or similar proceeding. Vendor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Vendor. 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 Vendor: The Active Network (formerly RecWare) 937 Enterprise Dr Sacramento, California 95825 15. ASSIGNMENT. The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City, such consent not to be unreasonably denied by the City based upon the assignees ability to perform the tasks required by this agreement. Unless specifically amended, modified, or supplemented by this document, all terms and conditions of prior written agreements between the parties shall remain unchanged and in full force and effect. Notwithstanding, Vendor may assign its interests in this Agreement for purposes of financing or to a successor entity upon transfer of all or a controlling portion of the ownership equity of Vendor. 16. LICENSES. At all times during the term of this Agreement, Vendor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or Vendor's subcontractors for this project, during his/her tenure or for one year thereafter. The Vendor 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 Vendor or Vendor's subcontractors on this project. Vendor 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. DOCUMENTS COMPRISING THIS AGREEMENT. The parties agree that this Agreement consists of this document entitled "Software Installation, Licensing and Maintenance Agreement", as well as Exhibits A, B and C, and Attachments 1 through 5, all of which are hereby incorporated by reference as part of this Agreement. Both parties understand and agree that although said attachments may each be designated or entitled "agreement", they are attached solely for the convenience of the parties and are not intended to constitute any form of separate agreement. It is further agreed, however, that said attachments do contain additional terms specific to the general substance of the attachment (e.g., software licensing, maintenance, etc.), and shall supplement, where the context permits, provisions of this Agreement. In all cases, the provisions of this Agreement shall govcm over any inconsistent provisions contained in any Exhibit or Attachment. This Agreement, as defined above, constitutes the entire agreement between the parties. No representation or promise, whether express or implied, verbal or written, that is not set forth herein shall be binding or of any force or effect. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the performance of its obligations hereunder. 22. LIMITATION OF LIABILITY. The Active Network's aggregate liability arising from or relating to this agreement or the Software or documentation, regardless of the source or the form of action or claim is limited to the amount paid by the Licensee for the Software. The Active Network shall not, in any case, be liable for any consequential, incidental, special, indirect or punitive damages in any form or from any cause, including, but not limited to, loss of revenue, profits, data, costs incurred in recovering data, claims by third parties, security of data or other costs resulting from this License 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 Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk Approved As to Form: Peter M. Thorson, City Attorney The Active Network (formerly RecWare) 937 Enterprise Dr Sacramento, California 95825 EXHIBIT A Scope of Work The Active Network provides RecWare Safari with Pro Active, hereinafter referred to as "Software". The Active Network provides this "SOFTWARE" and licenses its use. Name and Address City of Temecula 43200 Business Park Drive Temecula, CA 92589 Product Name Safari Version 3.5.12 of the RecWare software program No. of Licenses 15 INSTALLATION SERVICES 1. Planning — Duration: 2 — 3 weeks Jurisdiction: Assemble project team, define roles Secure workspace and dedicated training area Schedule periodic status meetings Manage process and implementation milestones and adhere to project schedule Validate availability of test database Setup required hardware prior to project mobilization Prepare end user environment including hardware, printers, network access, etc. Identify, define, analyze, and prioritize business processes and associated needs for each functional area and make available to the vendor Identify opportunities for process re -engineering or improvement with new system Vendor: Develop detailed project work plan and communication plan Review and validate project work plan & communication plan Schedule periodic status meetings Mana a Drocess and implementation milestones and adhere to project schedule 2. Documentation Jurisdiction: Provide consultant with a copy of all current forms being used outside of an automated system to process Registrations, Reservations, League Scheduling and Membership management Vendor: System Administrator Guide A training workbook is provided as a supplemental tool in the training process Syllabi for the following training sessions ➢ Basic Registration and Point of Sale ➢ Advanced Registration ➢ Basic Facilities ➢ Advanced Facilities ➢ Basic Membership ➢ Advanced Membership ➢ League Scheduling 3. Installation -- Duration: 3 days Jurisdiction: IT staff to load onto database Install product in a test environment against a test database Project team available for product training and configuration workshop Decide on a mutually acceptable Go -Live date Manage process and implementation milestones and adhere to project schedule Review data gathering process and checklist Vendor: (provided via phone support) Provide implementation guidance Review project assumptions and process change requirements Decide on a mutually acceptable Go -Live date Identify and communicate all tasks to be completed in order to meet the targeted Go - Live date 4. Configuration and Training - Duration: 2 — 3weeks Jurisdiction: Continue process flow identification and process re -engineering Manage process and implementation milestones and adhere to project schedule Configure end user environment including hardware, printers, network, etc. Final system testing including processes, end user hardware, etc. Test individual Membership hardware based upon the manufacturers instructions Vendor: (8 days on site) Train end users on the basic functions of the Safari system Train end users on the advanced functions of the Safari system Test the use of the Membership hardware with the Safaris stem 5. Go Live - Duration: 3 days on site Jurisdiction: Final testing of the product going live Final end user process training Test and validate against production database Vendor: (3 days on site) Verify module configurations Client goes live!! 10 EXHIBIT B Payments Rates and Schedule Description Qty Unit Extension Notes Customer Information Number of Geographic Sites/Locations 4 N/A N/A A Number of Workstations 35 N/A N/A B Max Workstations Needed for Simultaneous Use 43% N/A N/A C Anticipated Number of Concurrent Software Licenses 15 N/A N/A D Safari Core System Safari Central, includes: 1 $9,995 $9,995 E Fully Integrated Client/Server recreation software N/A Compatible with Microsoft SQL Server or Oracle N/A Integrated Customer Account Management N/A Integrated Financial Tracking System N/A Integrated Data Reporting Engine N/A Integrated "Standard" Point of Sale N/A Integrated .AV/ Video Help/Video Training N/A Base/Included Concurrent Software Licenses 5 Incl. Safari Core System Investment $9,995 Software Applications (Client/Server) Activity Registration 1 $3,995 $3,995 F Facility Reservation 1 $3,995 $3,995 G Membership Management 1 $3,995 $3,995 H League Scheduling 1 $3,995 $3,995 1 Tournament Scheduling 0 N/A Point of Sale (premium upgrade) 0 N/A Inventory Control 0 N/A Financial Interface 1 $1,000 $1,000 M Crystal Reports (single user license) 0 N/A Entity Relationship Diagram/Encyclopedia 1 $1,000 $1,000 O Touch Tone Registration (English) 0 N/A Touch Tone Registration (Spanish) 0 N/A 4-line Touch Tone expansion 0 N/A Software Applications Investment $17,980 Internet Registration ProActive Internet Registration, includes: 1 $0 S Web Hosting by The Active Network, Inc. No charge Internet Registration No charge Credit card processing No charge Internet Registration Investment $0 Software Licenses Base Concurrent Software Licenses (shown above) 5 N/C N/C Recommended Concurrent Software License Adjustment 10 $1,000 $10,000 T Other Concurrent Software License Adjustment 0 N/A Total Software Licenses & Software License Investment 15 $10,000 Implementation & Support Services Trips to Customer Location* Service days- On -Site at Customer Location Project Management Days (Active's offices) Services Investment (*Travel fees are all-inclusive) Software Maintenance Software Maintenance (annual) Software Maintenance Investment Total System Investment* *Preferred Marketing Partner Discount Total for Products, Maintenance, Services Sales tax (7.75%) Grand Total (*Includes 1st Year Annual Maintenance) (* Quote is subject to "Notes" explanation which is attached) Payment Schedule Down Payment Due at Contract Signing Payment Due Upon Shipment of Software Payment Due 30 days after Application Go -Live date 1 11 0 Final Acceptance Payment (Note: Contract total to be invoiced within 120 days of order acceptance.) Quotation Notes $1,000 $1,000 $1,250 $13,750 $1,000 $0 $14,750 V W $8,290 Y $8,290 $61,015 ($18,988) Z $42,028 $ 2,113.97 $44,141.97 25% $11,035.49 25% $11,035.49 $17656.79 40% 10% $4,414.20 A: Each separate community center or separate location is defined as a unique site. B: This is the total number of workstations that could potentially be using the software (regardless of whether they would use the system daily or just occasionally.) C: Normal usage shows that a percentage of workstations are typically idle at any given time, or users at these stations may be using software applications other than RecWare. A 50% license -to -station ratio is common; however, the percentage you need may vary based on your business practices, season, or other factors. D: This is the license -to -percentage of workstation ratio used for this quotation. E: Safari Central requires an appropriate computing environment and a database such as Microsoft SQL server or Oracle. These items are supplied, installed, and configured by the customer. F: Activity Registration offers capability such as enrollment, refund, wait list processing, and financial reporting. G: Facility Reservation offers capability such as scheduling facilities, producing permit contracts, invoicing, accounts receivable, and financial reporting. H: Membership Management hardware peripherals such as cameras, scanners, photo ID printers, etc. must be Active -approved models and are supplied by the customer. I: League Scheduling offers capability such as Round Robin Scheduling, automatic reservation of sport facilities, and production of balanced team schedules. J: N/A. K: N/A. L: Inventory Control tracks inventory items, receipt and sale of new goods. Any necessary peripherals are customer -supplied. 12 M: Financial Interface creates an ASCII export file using an Active -specified format. Customizations to this format, if necessary, are chargeable separately and billed on an hourly basis. N: N/A. O: The ERD diagram is useful for advanced users that wish to use Crystal Reports to produce their own reports. The ERD diagram is a 'road map' to the RecWare database. P: N/A. Q: N/A. R: N/A. S: ProActive allows activities to be automatically posted and become available for online registration at Active.com. Active provides hosting, processing, and credit card verification services. Requires customer - supplied dial up Internet account. T: This is the number of additional software licenses recommended, based upon total workstations, % of use, and factoring in base licenses already included. This recommendation is an approximation only. U: N/A. V: This is a fixed 'per trip' charge that covers the cost of airfare, hotel, and rental car. W: Examples of on -site services include staff training. Active personnel do not install hardware nor configure network systems or databases. X: N/A. Y: Software Maintenance is billed annually, and examples of services rendered include toll -free telephone technical support and regular software updates. This maintenance agreement does not become active until Go -Live date. Z: Refer to Preferred Marketing Partner Agreement (Exhibit A-1) 13 Exhibit C City of Temecula, CA Acceptance of RecWare Safari: The City of Temecula will provide The Active Network, Inc. with a written acceptance on the completion of each area of functionality below. • Verification that the products installed can perform the basic functions: 1. RecWare Safari Activity Registration Add record to a list menu Modify record to a list menu Enroll Enroll new person Enroll copy from person Enroll new person new payee Enroll split payment Enroll Payment plan Enroll to the payment screen and then cancel out before payment Enroll into 2 classes Enroll onto wait list Print roster Print wait list Transfer for more money Transfer for less money Transfer for same money Refund Run attendance sheet Run Daily Attendance sheet Run net revenue change to all reports to check Void enrollment Run daily close reports Do enrollment and POS on one receipt. 2. RecWare Safari Facility Reservation ❑ Reserve facility ❑ Reserve facility multi -day ❑ Reserve 2-facility multi -day ❑ Move reservation ❑ Delete reservation ❑ Refund reservation ❑ Add reservations ❑ Run calendars 14 ❑ Run reservation reports. 3. RecWare Safari Point of Sale ❑ Sell pos ❑ Sell pos one -touch ❑ Sell POS variable key 4. RecWare Safari Membership Management ❑ Sell new membership and then validate new pass number ❑ Sell family membership ❑ Refund membership ❑ Remove non-paying member of family ❑ Create Package ❑ Run membership report ❑ Validate passes ❑ Print a membership card ❑ Do membership and POS on one receipt. RecWare Safari League Scheduling ❑ Create Leagues ❑ Create Sub -League ❑ Create Teams ❑ Add Players ❑ Create an 8-team round robin schedule playing on one day per week using 4 time slots. ❑ Customize schedule ❑ Run schedule reports The City of Temecula has the right to reasonably refuse (should reasonable grounds exist) to accept any particular area, however, once the City provides written acceptance, that acceptance cannot be withdrawn or rescinded thereafter. 15 Attachment 1 Purchase Agreement RECITALS A. This Purchase Agreement ("Agreement') is between The Active Network, Inc. ("Active Network"), a Delaware corporation, and the City of Temecula, ("Purchaser"). B. The parties hereto (the "Parties") desire to enter into this Agreement in order to provide for the purchase and sale and to set forth certain representations, warranties, covenants, conditions, and agreements made in connection with and as an inducement to such a transaction. AGREEMENTS In consideration of the mutual covenants, agreements, representations, warranties and conditions herein contained, the parties hereto agree as follows: ARTICLE 1 — SALE AND PURCHASE Sale and Purchase. Active Network agrees to sell, and Purchaser agrees to purchase, licenses to operate certain software products, computer hardware, technical and other services, and other items as identified in Exhibit A, which is attached and is incorporated herein by reference. Active Network and Purchaser agree that any future purchases of licenses to operate certain software products, computer hardware, technical and other services will apply as add-ons to the existing Purchase Agreement, Software License Agreement, and Software Subscription Agreement. A. Taxes. Except for income taxes imposed on Active Network, all taxes arising out of this transaction are the sole obligation of Purchaser, and shall be promptly paid when due. B. Pa ent. Active Network shall invoice upon product shipment, upon provision of services, or upon other dates that may be mutually agreed to. All Active Network invoices are due and payable no later than 30 days from the invoice date. C. Additional Agreements. Active Network and Purchaser agree that products provided by Active Network are subject to the provisions of the Active Network License Agreement, which is attached as Exhibit B and incorporated herein by reference. As a condition to the acceptance and performance of this Agreement, Active Network and Purchaser agree to enter into a separate Software Subscription Agreement which shall provide software maintenance services for software products furnished by Active Network. The separate Software Subscription Agreement shall be executed at the same time as the acceptance of this Agreement. D. Definitions. The terms "Software" or 'Product' or "Software Product' shall mean non-exclusive and non- transferable Licensed Program Materials granted by Active Network for Purchaser to operate such products, as well as all related materials and documentation, either in machine readable or printed form. E. Property Rights of Active Network. All copies of the Licensed Program Materials provided by Active Network, including translations, compilations, partial copies within modifications, derivative works and updated works, are the property of Active Network and may not be distributed by the Purchaser to any other persons, including other licenses of the Licensed Program, without Active Network's prior written consent. F. Copyright Notices. Active Network shall have the unrestricted right to include copyright notices on all products provided by Active Network, in a form or manner as chosen solely by Active Network. This form or manner may include, but not limited to, a written or text message, viewable button, link, or other methods or combinations of these methods. Purchaser agrees to reproduce all copyright notices as provided by Active Network and agrees to not make any adjustment or alterations to such copyright notices. G. Restricted Access. The Purchaser shall not provide, or otherwise make available, Licensed Program Materials in any form without Active Network's prior written consent except to Purchaser employees, Active Network employees, or other persons during the period they are on Purchaser premises for purposes specifically related to the Purchasers authorized use of the Licensed Program Materials. H. Access by Active Network. Purchaser grants Active Network an unrestricted right to access any or all of Purchaser's data that Purchaser publishes or otherwise makes publicly available or accessible. Further, Purchaser grants Active Network an unrestricted right to access any or all of Purchaser's data when required for Active Network to perform its obligations to Purchaser. I. Shipment and Deliverv. Active Network shall ship products to Purchaser on the dates shown in Exhibit A, or on other dates that may be mutually agreed to. Neither Active Network nor the Purchaser shall be responsible for delays resulting from acts beyond the control of each party. These include, but are not limited to, acts of God, riots, acts of war, fire, earthquakes, epidemics, work stoppages, or disasters. J. Replacement of Lost Materials. If Licensed Program Materials are lost or damaged while in the possession of the Purchaser, Active Network shall replace them at a processing fee not to exceed $150.00. Any expedited shipments requested by the Purchaser shall be at the Purchaser's expense. K. Purchaser's Right to Use. The Purchaser's rights in the computer Software developed by Active Network may be restricted by Active Network in accordance with this Agreement and in any duly executed Attachment, Order, or Schedule referencing this Agreement. However, the Purchaser shall have: (1) Use of such Software on computer processing units as defined in the attached Software License Agreement; and (2) Use of such Software with a backup system, provided that the backup system is solely used for the purposes of an archival copy. L. M. Damages or remedies. Purchaser agrees that, in no event, shall Active Network be liable for special, consequential, incidental, punitive, or liquidated damages Active Network's maximum aggregate liability shall be the lower of a) the amount charged by Active Network for software licenses provided under this agreement, or b) the amount invoiced and received by Active Network if only a partial delivery or partial payment has been made. N. Product documentation. Active Network shall provide product documentation for Active Network -developed products delivered to the Purchaser. O. Unrestricted changes by Active Network. Active Network may make changes as it deems fit to operating procedures, programming languages, general purpose library programs, timing accessibility techniques, types of hardware supportability, product functionality, and other related areas providing Purchaser has been given no less than thirty (30) days prior notice. P. Services Outside of this Agreement. In the event the Purchaser requests any services other than that included under this Agreement, and depending upon the availability of its personnel, Active Network shall use its best efforts to furnish such support in accordance with their current published billing rates. Q. Severabiliri. Each provision of this Agreement is severable from all other provisions of this Agreement and, if one or more of the provisions of this Agreement shall be declared invalid, the remaining provisions of this Agreement shall nevertheless remain in full force and effect. R. Currency. All amounts referred to herein or otherwise payable pursuant to any term of this Agreement shall be United States of America Dollars. S. Amendments. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representative of both parties. No term or provision hereof shall be deemed waived and no breach excused unless waiver or consent to breach is in writing. For purposes of the Agreement, the only authorized representatives shall be: Active Network: Purchaser: Duane Harlan, President of RecWare Division Tim Thorson Active Network City of Temecula 937 Enterprise Dr. P.O. Box 9033 Sacramento, CA 95825 Temecula, CA 92589 T. Source Code and Escrow of Software. Purchaser will not be provided with Active Network's source code. Purchaser and Active Network may choose to enter into a separate agreement for the escrow of Active Network's source code, at an additional fee. U. Title and Ownershin. Purchaser's right of use shall remain subject to Active Network's approval until all sums due under this contract are paid. If payment is not made when due, Purchaser agrees, upon request of Active Network, to cease use of products which have not been paid for until full payment has been made to Active Network. V. Provision of Services. Purchaser agrees that Active Network's sole obligation for on -site services and on -site training is to supply a qualified installer or instructor for the designated number of service or training hours. Active Network neither warrants nor represents that after such training time any specific individual or individuals designated by Purchaser will be able to properly use and operate the Products. W. Warranty of Products Manufactured by Active Network. Active Network warrants that upon delivery, Active Network developed Products shall be in reasonable conformance with Active Network's printed documentation. After delivery, should any part of the Licensed Program Materials media prove to be defective, Active Network will provide a replacement Licensed Program Material media at no charge to Purchaser for a period of 30 days from the date of acceptance by Purchaser. THIS IS THE ONLY WARRANTY MADE AS TO THE PRODUCTS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ACTIVE NETWORK OR ITS EMPLOYEES BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE OR OTHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. X. Warranty of Products Not Manufactured by Active Network. Should Active Network provide products manufactured by others ("Third Party Products"), Purchaser shall seek and obtain warranty service for such products directly from the product manufacturer or authorized service center. With respect to Third Party Products, Active Network makes no warranties, whether express or implied, including without limitation warranties of merchantability or fitness for particular purpose. Y. Assi ngn ent. This Agreement may be assigned if Active Network participates in any merger or similar transaction in which a majority of Active Network's stock is transferred, provided that the assignee or successor assumes all rights and obligations under this Agreement. ARTICLE 2 — OBLIGATIONS OF ACTIVE NETWORK Active Network agrees to: A. Maintain sales prices as described in the attached Exhibit A until the time of product shipment, unless otherwise specified; and B. Ensure that software products provided by Active Network are in reasonable conformance with Active Network's printed documentation, as long as they are operated on the recommended Active Network hardware, network, or other recommended platform. ARTICLE 3 — OBLIGATIONS OF PURCHASER Purchaser acknowledges that Purchaser's successful use of the software product and services purchased from Active Network are dependent upon the Purchaser's own efforts in making the software product work for the Purchaser. Active Network can only provide software and technical support and it can not be responsible for the Purchaser's practices and the proper or improper use of the software. The Purchaser agrees to implement and perform reasonable practices and procedures to ensure the successful use of the software product. A sample of such practices is attached as Exhibit C. ARTICLE 4 — REPRESENTATIONS AND WARRANTIES OF ACTIVE NETWORK A. Active Network represents and warrants that, in addition to Article 1, Section Y: (1) Active Network has not employed or retained any person or persons not generally associated with Active Network, except Active Network's representatives or regular employees, for the purpose of soliciting or securing this Agreement. Active Network further warrants that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon the award or making of this Agreement; (2) Each of the Licensed Program materials shall reasonably conform to any product documentation provided by Active Network, including, but not limited to, operating performance, timing characteristics, and compatibility; and, (3) Active Network shall defend and indemnify the Purchaser against any claim that Licensed Program Materials supplied hereunder infringe a trade secret or a patent or copyright or any other intellectual property right enforceable in the United States. To be eligible for Active Network's defense, Purchaser must: a) Give Active Network prompt written notice of any such claim; b) Allow Active Network to control and fully cooperate with Active Network in the defense and settlement negotiations; c) Allow Active Network, at Active Network's option and expense, if such claim has occurred or in Active Network's judgment is likely to occur, to procure the right for the Purchaser to continue using the Licensed Program Materials or to replace or to modify them so that they become non -infringing; and, if neither of the foregoing alternatives is available on terms which are reasonable in Active Network's judgment, upon written request, the Purchaser shall return the Licensed Program Materials to Active Network and Active Network shall refund the total amount the Purchaser paid Active Network; and, 4 d) Active Network shall have no obligation with respect to any such claim based upon the Purchaser's modification of the Licensed Program Materials or their combination, operation or use with data or programs not furnished by Active Network or in other than the Specified Operating Environment. ARTICLE 5 — REPRESENTATIONS AND WARRANTIES OF PURCHASER Except as otherwise required by law, Purchaser represents and warrants that it will: A. Not at any time sell, assign, or otherwise transfer Active Network's Software and/or Software Product(s), parts of the Software and/or Software Product(s), or updates, changes, improvements or enhancements to the Software and/or Software Product(s), or parts thereof, or provide to any third party any support described in this Agreement for the Software and/or Software Product(s); B. Hold in confidence the design specifications and associated documentation of the Software and/or Software Product(s) and shall disclose the Software and/or Software Product(s) in confidence only to, and shall authorize the use of the Software and/or Software Product(s) in confidence only by, its regular employees. The Purchaser acknowledges that Active Network has expended substantial sums in creating its Software and Software Products, incurs substantial additional expense in maintaining them, and as a result, has and will continue to have substantial proprietary interest and valuable trade secrets in them. These representations and warranties of the Purchaser remain in full force and effect even if the Purchaser or Active Network elects to terminate this Agreement, per Article 6; and, C. Protect from disclosure to any third party all data structures, data layouts, table and fields names, and other similar information which are delivered to Purchaser or are utilized by Active Network provided products. Purchaser agrees that these shall not be published, communicated, transmitted, or revealed in any way to any third party without the written consent of Active Network. Attachment 2 RecWare Software License Agreement and Registration Form This agreement is between The Active Network, Inc., with its office at 937 Enterprise Drive, Sacramento, CA 95825, (hereafter called "Active Network"), and the below named Purchaser of RecWare software, hereafter called "Licensee". Product Name(s) Serial # Version # Product type (single, multi user, etc. Safari Central TBD TBA Fifteen Concurrent Users Safari Activity Registration TBD TBA See Above Safari Facility Reservation TBD TBA See Above Safari Membership/Pass TBD TBA See Above Safari League Scheduling TBD TBA See Above Safari Standard POS TBD TBA See Above Safari ProActive TBD TBA See Above Name of licensed user / City of Temecula organization Street address 43200 Business Park Drive City, State/Province, Zip/Postal Temecula, CA 92589 Code Telephone Number / FAX (909) 308-6300 (909) 308-6329 Number Contact Person / Installation Date Tim Thorson TBD Number of file servers / video One file server monitors Fifteen video monitors READ THE FOLLOWING TERMS CAREFULLY BEFORE OPENING THE SOFTWARE DISKETTE PACKAGE. OPENING THE PACKAGE CONTAINING THE SOFTWARE DISKETTES INDICATES YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE BELOW TERMS AND CONDITIONS. LICENSE Active Network (hereafter called "Active Network") and any applicable sublicensors, upon licensee's acceptance of the following terms and conditions, grants to licensee a non-exclusive, nontransferable perpetual license subject to full payment buy Licensee of all related fees to use the software programs and related documentation in the package(s) named above (hereafter referred to as the "software"). Software designated "network version" shall be used on a single file server only unless a "multi -site" network version has been purchased. Network and multi -site network versions shall be loaded and/or operated simultaneously on no more than the number of video monitors specified above. Software designated single user shall be installed and operational only on a single computer system with a single video monitor. Licensee agrees to pay for additional licenses if the software is used beyond the scope of this license in any way. Licensee shall make no attempt to sublicense, assign, rent, sell, loan or transfer in any other manner the software or the rights or obligations of this agreement without the prior written consent of Active Network. Licensee's privileges under this agreement shall automatically terminate, without notice to the licensee, for failure to comply with its terms. The software is copyrighted, and licensee agrees to take all reasonable steps to protect the software, documentation, and related materials from unauthorized copying or use. Licensee may make copies of the software for installation, backup, or archival purposes only. Licensee agrees to retain possession of the original and all copies of the software, and all software updates that may be received after the initial purchase. Unauthorized copying, reverse engineering, de -compiling, disassembling and/or creating derivative works based upon the software is prohibited. Ownership and title to the software, including the copy of the software and the media upon which it is stored and the associated documentation, are retained by Active Network. LIMITED WARRANTY AND LIMITATIONS ON LIABILITY Active Network warrants that if the enclosed magnetic diskettes or documentation are visibly damaged or in a defective condition at the time that they are received, Active Network shall replace them at no additional charge. Licensee must notify Active Network within 10 days of receipt if such a defective condition occurs, and return the defective items to Active Network postage prepaid. Active Network warrants that if the software fails to substantially conform to the specifications in the documentation and if the nonconformity is reported to Active Network within 90 days from the date of shipment by Active Network, then Active Network shall at its option either remedy the nonconformity or refund the License Fee to the Licensee upon return of the original and all copies of the software and documentation to Active Network. Freight and/or installation/training charges shall not be refunded. In the event of a refund, this license shall terminate automatically. This limited warranty shall expire one year after Acceptance by City. LIMITATIONS Active Network and any other third party vendors make no warranty, representation, or promise not expressly set forth in this agreement. Active Network disclaims and excludes any and all implied warranties of merchantability and/or fitness for a particular purpose. Active Network, expressly, does not warrant that the software or documentation are without defect or error or that the software will be uninterrupted or error free in its operation or that the software will satisfy licensee's requirements. The Active Network's aggregate liability arising from or relating to Licensee's use of the software regardless of the source or the form of action or claim is limited to the amount paid by the Licensee for the Software. The Active Network shall not, in any case, be liable for any consequential, incidental, special, indirect or punitive damages in any form or from any cause, including, but not limited to, loss of revenue, profits, data, costs incurred in recovering data, claims by third parties, security of data or other costs resulting from this License Agreement. Active Network makes no warranty as to the compatibility with any brands or configurations of computer equipment or operating systems. Active Network shall not, in any case, be liable for any consequential, incidental, special, liquidated, indirect or punitive damages in any form or from any cause, including, but not limited to, loss of revenue, profits, data, costs incurred in recovering data, claims by third parties, security of data or other costs resulting from City's use of the software. GENERAL CONDITIONS NO THIRD PARTY VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED BY ACTIVE NETWORK TO MODIFY THIS AGREEMENT OR MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE WARRANTIES, REPRESENTATIONS OR PROMISES OF THIS AGREEMENT. This license is effective for the useful life of the software. Active Network may terminate this license at any time by notice to the licensee should licensee breach the terms of this agreement. Licensee agrees to return the original and all copies of the licensed software and documentation within 30 days of the termination of this agreement. Attachment 3 RecWare Software Subscription Agreement This agreement is between The Active Network, Inc., with its office at 937 Enterprise Drive, Sacramento, CA 95825, (hereafter referred to as "Active Network"), and the below named end -user of RecWare software, (hereafter referred to as "Purchaser"). Product Name(s) Serial # Type (single, multi user. etc.) Annual Subscription Fee Safari Central TBD Fifteen concurrent users See Below Safari Activity Registration TBD See Above See Below Safari Facility Reservation TBD See Above See Below Safari Membership/Pass TBD See Above See Below Mgmt Safari League Scheduling TBD See Above See Below Safari Standard POS TBD See Above See Below Safari ProActive Hosted TBD See Above See Below Internet Annual Subscription $ 8,290.00 Purchaser / Organization Name City of Temecula Street address 43200 Business Park Drive City, State/Province, Zip/Postal Temecula, CA 92589 Code Telephone Number / FAX (909 308-6300 (909 308-6329 Number ) ) Primary software user: Tim Starting Date of Coverage Upon initial product shipment from The Active Network Inc. SERVICES TO BE PROVIDED BY ACTIVE NETWORK Active Network agrees to provide Purchaser with access to its technical support personnel assigned to provide telephone support assistance and other services. Active Network shall set the hours when technical support is available, and may change such hours without notice. Active Network's technical support personnel shall receive telephoned requests for assistance from Purchaser, and shall use their best efforts to assist Purchaser with answers to their technical questions, and optionally, to provide suggestions regarding the use of RecWare software in an effort to enhance the Purchaser's use of RecWare software. Active Network agrees to perform research service for Purchaser that directly involves the use, coding or documentation of RecWare software. Services that involve resolving problems, answering questions or research on issues or products beyond the scope of the RecWare software products are not included in this agreement. Active Network agrees to provide at no additional charge all updates, modifications and enhancements to the RecWare software modules listed above that are released by Active Network during the Subscription period. Software that is introduced or released as a separate product is not included in this service. Active Network and Purchaser agree that all updates, modifications and enhancements provided will become a part of the RecWare software identified by serial number above and that all agreements, licenses and provisions related to title or use of that software shall apply. Releases of revisions, updates or modifications are provided with written instructions for installation onto the system by trained users only. Active Network agrees to make its best efforts under this Agreement but offers no guarantee as to the correctness, completeness or timeliness of any service provided under this Agreement. TERM AND PRICE The annual cost of this agreement is payable in advance. This agreement shall take effect at noon on the date it is accepted by Active Network and shall remain in effect for a minimum period of one year from that date. At the conclusion of the initial one year period, Active Network shall invoice for the next year of coverage unless Purchaser cancels this agreement in writing 30 days prior to the annual renewal date. Active Network or the Purchaser may terminate this agreement in writing at any time. Should this agreement be terminated, Purchaser is entitled to a prorated refund of the annual Software subscription fee that the Purchaser has paid to Active PURCHASER RESPONSIBILITIES Purchaser agrees that the responsibility for operation, security, maintenance and service of their computer system, its hardware and software remains with Purchaser, and Active Network under no circumstances becomes liable to operate, maintain or otherwise control or be responsible for the use, security or functionality of Purchasers equipment, software or data. Purchaser acknowledges that the purpose of this agreement is to maintain the RecWare software licensed for Purchaser's use and to provide Purchaser with a resource for assistance in the use of RecWare software. No guarantee regarding the quality or accuracy of directions, answers, results (or lack of) are included in the Agreement. Because of the technical nature of the RecWare product, Purchaser agrees to designate a "primary software user." The primary software user shall be authorized to contact Active Network for assistance under this agreement. Other, non -primary software users shall contact the primary software user at the site in order to obtain answers to their questions or other support. The primary software user is to be named at the beginning of this agreement, and may be changed by Purchaser at any time. Active Network, at its option, may charge additional fees to provide service and support to users that have not been named in this Agreement. Purchaser agrees that they understand the need to regularly backup and protect their software and data and that Active Network shall not be held liable for breaches of security or loss of any data under any circumstances. Attachment 4 ProActive Software License and Service Agreement This agreement is between The Active Network, Inc., a Delaware corporation, with its office at 937 Enterprise Drive, Sacramento, CA 95825, (hereafter called "The Active Network"), and the below named Purchaser of the ProActive Software (hereafter called "Licensee"). READ THE FOLLOWING TERMS CAREFULLY BEFORE OPENING THE SOFTWARE DISKETTE PACKAGE. SIGNING THIS AGREEMENT OR OPENING THE PACKAGE CONTAINING THE SOFTWARE DISKETTES INDICATES YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE BELOW TERMS AND CONDITIONS. LICENSEE'S OBLIGATION In consideration for a license to use ProActive Software, Licensee agrees to the following: 1. Licensee agrees to pay Active's published product purchase price and pay a 1 year software subscription (software maintenance) service fee (annual maintenance is billed in advance). 2. Licensee agrees to provide a prominent URL link to the class and activity search and registration page at Active.com's Web site from Licensee's website, if and when such a Web site exists, Licensee agrees to, at regular intervals as required by Active.com, upload updated activities and download updated registrations, and 3. Licensee will make best efforts to promote Internet registration through any means available including marketing materials, answering machine messages and other community outreach programs. The annual subscription cost of this agreement is payable in advance. This agreement shall take effect at noon on the date it is accepted by Active.com and shall remain in effect for a minimum period of one year from that date. At the conclusion of the initial one year period, the agreement will automatically renew and Active.com shall invoice for the next year of coverage unless Purchaser cancels this agreement in writing prior to the annual renewal date. Agreement can be terminated at any time. LICENSE TO USE SOFTWARE The Active Network, upon Licensee's acceptance of the following terms and conditions, grants to Licensee a non-exclusive, nontransferable license to use Active.com's ProActive Software programs and related documentation (hereafter referred to as "Software"). Each online registrant will pay the event registration fee charged by Licensee plus a processing fee equal to 6.5% of the registration fee plus $0.50 with a minimum fee of $2.00. Active.com will be responsible for collecting all fees and service charges. Fees collected from online registrants will be sent to Licensee on the first and third Friday of each month and service charges will be retained by Active.com. Licensee shall make no attempt to sublicense, assign, rent, sell, loan or transfer in any manner the Software or the rights or obligations of this agreement without the prior written consent of The Active Network. Licensee's privileges under this agreement shall automatically terminate, without notice to the licensee, for failure to comply with the terms of this Agreement. The Software is copyrighted, and licensee agrees to take all reasonable steps to protect the Software, documentation, and related materials from unauthorized copying or use. Licensee may make copies of the Software for installation, backup, or archival purposes only. Licensee agrees to retain possession of the original and all copies of the Software, and all Software updates that may be received after the initial purchase. Unauthorized copying, reverse engineering, de -compiling, disassembling and/or creating derivative works based upon the Software is prohibited. Ownership and title to the Software, any modifications or updates thereto, including the copy of the Software and the media upon which it is stored and the associated documentation, are retained by Active.com at all times. SOFTWARE SUBSCRIPTION SERVICES PROVIDED BY The Active Network The Active Network agrees to provide Purchaser with access to technical support personnel, telephone support assistance and other support services. Active.com shall set the hours when technical support is available, and may change such hours without notice. The Active Network agrees to provide at no additional charge all upgrades, modifications and enhancements to the ProActive software that are released by The Active Network during the Subscription period. Software that is introduced or released as a separate product is not included in this service. The Active Network and Purchaser agree that all upgrades, modifications and enhancements provided will become a part of the ProActive Software and that all agreements, licenses and provisions related to title or use of that Software as set forth in this Agreement shall apply. Releases of revisions, upgrades or modifications are provided with written instructions for installation onto the system by trained users only. LIMITED WARRANTY AND LIMITATIONS ON LIABILITY The Active Network warrants that if the enclosed magnetic diskettes or documentation are visibly damaged or in a defective condition at the time that they are received, Active.com shall replace them at no additional charge. Licensee must notify The Active Network within 10 days of receipt if such a defective condition occurs, and return the defective items to The Active Network postage prepaid. The Active Network warrants that if the Software fails to substantially conform to the specifications in the documentation and if the nonconformity is reported to The Active Network within 60 days from the date of first use by Licensee , then The Active Network shall, at its option, either remedy the nonconformity or refund the License Fee to the Licensee upon return of the original and all copies of the Software and documentation to The Active Network. Freight and/or installation/training charges shall not be refunded. In the event of a refund, this license shall terminate automatically. Licensee agrees that the responsibility for operation, security, maintenance and service of their computer system, its hardware and Software remains with the Licensee and under no circumstances becomes the liability of The Active Network. The Active Network makes no warranty as to the compatibility with any brands or configurations of computer equipment or operating systems. The Active Network makes no warranty, representation, or promise not expressly set forth in this agreement. The Active Network disclaims and excludes any and all implied warranties of merchantability and/or fitness for a particular purpose. The Active Network, expressly, does not warrant that the Software or documentation are without defect or error or that the Software will be uninterrupted or error free in its operation or that the Software will satisfy licensee's requirements. The Active Network's aggregate liability arising from or relating to Licensee's use of the software regardless of the source or the form of action or claim is limited to the amount paid by the Licensee for the Software. The Active Network shall not, in any case, be liable for any consequential, incidental, special, indirect or punitive damages in any form or from any cause, including, but not limited to, loss of revenue, profits, data, costs incurred in recovering data, claims by third parties, security of data or other costs resulting from this License Agreement. Attachment 5 Obligations of Purchaser Purchaser agrees to: A. Provide, properly maintain, and enhance as needed a stable source of electrical power and a computing, network, and telecommunications platform, equipment, and/or structure that is appropriate to operate products and equipment provided by Active.com; B. Provide, properly train, and maintain adequate personnel and staffing to properly operate and maintain equipment and products provided by Active.com; C. Create or form a committee of staff to function as a "core group" that will provide first level support for questions or issues that arise; D. Create a method or committee to evaluate and resolve internal differences and make decisions that encourage continuity and a standardized method of operation; E. Develop appropriate system and software security and data backup strategies and ensure that the software and data is fully secure and protected and that the backup procedures are fully and properly executed at all times. Purchaser agrees that Purchaser is solely responsible for the software and data security, integrity and accessibility of Purchaser's data. Furthermore, Purchaser agrees that they understand the need to back up regularly and protect their software and data and that Active.com shall not be held liable for security or loss of any data under any circumstances; F. Provide a training facility, color overhead LCD projector, and workstations for staff to be trained; G. Conduct advance scheduling of training rooms and staff schedules of all personnel who will receive training; H. Conduct initial software setup functions and all data entry; I. Conduct initial parallel operation and continuing verification and manipulation of transaction and financial data to the Purchaser's satisfaction before any products are used in a "live" environment; J. Provide "System Administrator' staff at the beginning of the project, and make appropriate adjustments to work responsibilities so that they may devote time as needed for the initial training, initial work on the project, and for recurrent training and recurrent work on the project; K. Provide direction to recreation staff and managers so that they allocate time and resources necessary to learn the new system and implement it; L. Monitor the progress as the project begins, and respond effectively if the Center or staff begins falling behind; M. Promptly pay all invoices presented by Active.com (within 30 days of invoice date); and, N. Not modify products and equipment provided by Active.com. Should Purchaser make alterations or modifications, Active.com shall have the right to charge for any additional effort or services that are required or results from providing program services of an altered Licensed Program or for a release that is not current. ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: -((C�ity Manager/City Council FROM: 'yJNDtVilliam G. Hughes, Director of Public Works/City Engineer DATE: July 27, 2004 SUBJECT: Acceptance of certain Public Streets into the City -Maintained Street System within Tract Map No. 25892 (South side of Pauba Road between Ynez Road and Margarita Road and across from Fire Station No. 84). PREPARED BY: Ronald J. Parks, Deputy Director of Public Works Steve Charette, Associate Engineer RECOMMENDATION: That City Council adopt a resolution entitled: RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED STREET SYSTEM (WITHIN TRACT NO. 25892) BACKGROUND: Tract Map No. 25892 was recorded by the County Recorder on November 25, 1997. The owner dedicated to public use for street and public utility purposes streets designated as lettered lots on the map. The City Clerk accepted the offers of dedication. Public Works Staff reviewed and inspected the public improvements and all required repairs and replacements were satisfactorily completed. However, the one-year Warranty Bond and the Labor and Materials Bond have not been released. The Warranty Bond will be released at the end of the one-year period on July 27, 2005. The Labor and Materials Bond six months into the one-year warranty period on January 27, 2005. The Monument Bond has been released. All Bonds associated with this Parcel have been released. The public streets now being accepted by this action are Calle Ventura and Calle Camellia and portion of Pauba Road. FISCAL IMPACT: Periodic surface and / or structural maintenance will be required every 5 to 8 years. ATTACHMENT: 1. Resolution No. 2004- with Exhibits "A-B". inclusive. RAAGENDA REPORTS\2004\072704\TM25892 StreetAccepmme.doc RESOLUTION NO. 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY -MAINTAINED STREET SYSTEM (WITHIN PARCEL NO. 25892) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, On November 25, 1997, the County Recorder recorded Parcel Map No. 25892 in which an offer of dedication for street and public utility purposes was accepted by the City of Temecula from Rilington Temecula 32 LLC, A California Limited Liability Company: and, WHEREAS, City Public Works Staff reviewed and inspected the public improvements and all repairs and replacements were satisfactorily completed: and, WHEREAS, Only the Warranty Bond and Labor and Material Bond pertaining to this tract have not been released: and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City -Maintained Street System the streets and portions of streets offered to and accepted by the City of Temecula described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 27th day of July, 2004. ATTEST: Susan W. Jones, CMC, City Clerk Michael S. Naggar, Mayor 2 R;\AGENDA REPORTSB004\072704\TM25892 StmetAcceptnnce.dm STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2004- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on 271" day of July, 2004, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC, City Clerk R:\AGENDA REPORTS\2004\072704\TM2S892 StreetAccepWnce.doc EXHIBIT "A" TO RESOLUTION NO. 2004- Accepting several of the public streets offered to and accepted by the City of Temecula as indicated on Tract Map No. 25892 into the City -Maintained Street System as described below: Those portions of Parcel Map No. 25892 in the City of Temecula, County of Riverside, as filed in Book 272, Pages 31-34 Inclusive, of Maps, in the Recorder's Office of said county, particularly described as follows: 1. Lot "A" (Portion of Pauba Road) of said Tract Map No. 25892. 2. Lot "B" (Calle Camellia) of said Tract Map No. 25892. 3. Lot "C" (Calle Ventura) of said Tract Map No. 25892. RAAGENDA REPORTS\2004\072704\TM25892 StreetAccepWnce.do EXHIBIT "B" TO RESOLUTION NO. 2004- SUBJECT ACCEPTANCE — PUBLIC STREETS INTO THE CITY MAINTAINED -STREET SYSTEM AS INDICATED BELOW: Tract No. 25892 PAUBA ROAD/ /---�---zj - 41 S.�5 — 32 4 17 \ ^16 4 1 IB30 5 mot(. 19 14 J 129Al ►�9 ,p 13 / 27 21 -- 12 — — / 2 11 1 25 I �15 10 1 1 Y , NOTE: MAPS NOT TO SCALE E iz 1 �► LEGEND STREETS OR PORTIONS OF STREETS TO BE ACCEPTED INTO THE CITY 2 15 I MAINTAINED n �STREET �SYSTEM L�111LLd 7 7 �, �a 5 ITEM 7 CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: e�OAWilliam G. Hughes, Director of Public Works/City Engineer DATE: July 27, 2004 SUBJECT: Award a Construction Contract for Traffic Signal Installations at the Meadows Parkway/La Serena Way Intersection and the Meadows Parkway/Rancho Vista Road Intersection - Project Numbers PW03-07 & PW03-08 PREPARED BY: Greg Butler, Principal Engineer Brian Guillot, Assistant Engineer RECOMMENDATION: That the City Council: Award a construction contract for Traffic Signal Installations at the Meadows Parkway/La Serena Way and Meadows Parkway/Rancho Vista Road intersections, Project No's. PW03- 07 & PW03-08, to DBX, Inc. in the amount of $329,040.00 and authorize the Mayor to execute the contract. 2. Authorize the City Manger to approve change orders not to exceed the contingency amount of $32,904.00, which is equal to 10% of the contract amount. 3. Approve the appropriation of $72,494.00 from State Transportation Funds (Fund 101). BACKGROUND: On April 20, 2004 the City Council approved the plans and contract documents for the subject project and authorized the Public Work department to solicit bids. The traffic signal installations at the intersections of Meadows Parkway at La Serena and Meadows Parkway at Rancho Vista are part of the citywide traffic signal installation plan as approved in the Capital Improvement Program for Fiscal Years 2004-2008. In addition to the new traffic signal, the work includes the construction of a short median island along La Serena immediately east of Meadows Parkway. Two (2) bids were received and publicly opened on Tuesday, July 13, 2004. The results were as follows: 1. DBX, Inc. $329,040.00 2. Moore Electric Contracting $370,544.00 Staff has reviewed the bid proposals and found DBX, Inc. of Temecula, California to be the lowest responsible bidder for this project. DBX, Inc. has recently satisfactorily completed similar work for the City and for other agencies. RAGENDA REPORT02004\072704%PW03-08 A"rd.DOC The specifications allow twenty-five (25) working days for the completion of this project, plus the time necessary to procure the needed materials, which could take 12 weeks or more depending upon the availability of traffic signal equipment and traffic signal poles. A copy of the bid summary is available for review in the City Engineer's office. The Engineering estimate was $320,000.00. The bids for the project came in slightly higher than the engineer's estimate. This may be attributed to increases in construction costs primarily associated with steel and portland cement products. FISCAL IMPACT: The Installation of Traffic Signals -Citywide is a Capital Improvement Program project funded through Development Impact Fees (DIF). Construction funds available for the subject project total $259,900.00 (account no's. 210-165-744/745-5804.) The appropriation of $72,494.00 from the State Transportation Fund (Fund 101) is necessary to fully fund the contract and provide adequate funds to cover the cost of construction administration and inspection. The total construction cost is $361,944.00, which includes the contract amount of $329,040.00, plus a 10% contingency of $32,904.00. ATTACHMENTS: 1. Project Locations 2. Project Descriptions 3. Contract RMUNDA REPORTSVOOM072704TW03-08 Aw rd.DOC I a 0 0 0 o 0 0 0o a cs va o � U U 0 v b v L1 v a�i a a u u U U V U U V U U U V OU I I I 1 I 0 0 0 0 0 0 0 0 0 0 0 o vi o 0 In v� In SO D t� l� w a O, r N V 10 O O O O O O O O O O V < V Vt Iry �O �D l� 00 OO 00 O O O O O O O O O O O O O O 99 V V1 �D l� 00 O O O O O O O O O O N N N N N V V Vi fA 69 b9 Yi 69 FA fA 69 fA 69 W W W V. W N V7 V ❑q❑ p x � o v 4i U U m ° m T gTg � � 0.4 3T3 �3dT iy N. �3aT gTg a a n m m� O� I E-+ a ?4 FN L30 y ^per o 0 0 0 vi vi vi �i sv ss wa ss o O o 0 o C C C O � � N 69 V3 b9 EA O O O O O O O O O O O O N 69 69 69 69 O O O O N 69 69 69 69 O O O O O O O O O W N (OV OON N 69 69 69 69 0 0 0 0 0 0 0 0 0 O N fH 69 V3 Vl O E ca i O O OI OII 0 0 0 0 0 0 0 0 vi o o vi h W C CIO O o U ro O F � LI) m �7> w N N 0 A P4 c4 F°- 0 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW03-07 & PW03-08 TRAFFIC SIGNAL INSTALLATION, MEADOWS PARKWAY AT LA SERENA WAY, MEADOWS PARKWAY AT RANCHO VISTA ROAD THIS CONTRACT, made and entered into the 271h day of July, 2004, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and DBX, Inc., hereinafter referred to as "CONTRACTOR." Pir/11i;I*&9:k1:1 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, 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. PW03-07 & PW03-08, TRAFFIC SIGNAL INSTALLATION, MEADOWS PARKWAY AT LA SERENA WAY, MEADOWS PARKWAY AT RANCHO VISTA ROAD. 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. PW03-07 & PW03-08, TRAFFIC SIGNAL INSTALLATION, MEADOWS PARKWAY AT LA SERENA WAY, MEADOWS PARKWAY AT RANCHO VISTA ROAD. 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. U nless otherwise CONTRACT C-1 specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the 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. PW03-07 & PW03-08, TRAFFIC SIGNAL INSTALLATION, MEADOWS PARKWAY AT LA SERENA WAY, MEADOWS PARKWAY AT RANCHO VISTA ROAD 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: THREE HUNDRED TWENTY NINE THOUSAND FORTY DOLLARS and NO CENTS ($329,040.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed Twenty Five (25) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: 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 Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be CONTRACT C-2 paid a sum equal to ninety percent (90%) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. 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 Relation'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 CONTRACT C-3 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. 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. CONTRACT G4 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 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 CONTRACT C5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR DBX, Inc. 42066 Avenida Alavarado, Suite C Temecula, CA 92590 (951)296-9909 Jim Perry, President (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA Michael S. Naggar, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CONTRACT C-6 ITEM 8 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: '� Ailliam G. Hughes, Director of Public Works/City Engineer DATE: July 27, 2004 SUBJECT: Reimbursement Agreement with Rancho California Water District As Part of Project No. PW01-02 State Route 79 South Sidewalk Improvement Project PREPARED BY: Amer Attar, Principal Engineer Avlin R. Odviar, Assistant Engineer RECOMMENDATION: That the City Council approve the Reimbursement Agreement between City of Temecula and Rancho California Water District for the State Route 79 South Sidewalk Improvement Project, Project No. PW01-02, for the amount of $10,500.00 and authorize the Mayor to execute the agreement. BACKGROUND: On June 22, 2004 the City Council awarded the contract for State Route 79 South Sidewalk Improvement Project, Project No. PW01-02 to C. S. Legacy Construction, Inc. The project includes the removal of one Air Vac and Air Release Assembly, owned and maintained by Rancho California Water District (RCWD). Under the provisions of the reimbursement agreement, the City will pay its contractor for the execution of Bid Item No. 8, Remove Air Vac and Air Release Assembly, and RCWD agrees to reimburse the City. The agreed lump sum amount is $10,500.00, which is the contract unit price. FISCAL IMPACT: All costs associated with the Reimbursement Agreement will be paid by Rancho California Water District. There is no fiscal impact to the City. ATTACHMENT: 1. Project Location 2. Project Description 3. RCWD Reimbursement Agreement 1 R:kAGENDA REPORTSt20041072704TW01-02_RCWD_Reimburmement_AgmtDOC d 0 w --I / A / e y z'4!!!!� to e o 2o So F y, Iq N h N O 91 U p N M v� U v� u la Y e :d D+ Op C aoi o AN O p or 'vi N rya ''y � O �ppUd C w d N w O O N 0 U i 0 N cd �y on O d O h O O h p N M v'i O vi O pipi N N N M UN cd i0 N 0 � � 6v 69 6h 69 U vaa � 0� bo 'g m y� M qdl o m n N O N U O ci N � o A 69 69 69 en C u c U to m 0 w N •L •� a N UA OF V, T O) m mV N n N (71 M f% 64 69I(4a O h REIMBURSEMENT AGREEMENT BETWEEN CITY OF TEMECULA STATE ROUTE 79 SOUTH SIDEWALK IMPROVEMENT PROJECT, PROJECT NO. PWOI-02 AND RANCHO CALIFORNIA WATER DISTRICT THIS AGREEMENT is made and entered into as of July 27, 2004, between the CITY OF TEMECULA, a municipal corporation, hereinafter referred to as "CITY" and Rancho California Water District, a California Water District and existing and operating under Division 13 of the California Water Code, hereinafter referred to as "RCWD". In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section I. PURPOSE OF THE AGREEMENT. The purpose of this Agreement is to establish reimbursement to CITY by RCWD for the cost of the removal of certain water improvements made necessary by the construction of State Route 79 South Sidewalk Improvement Project, Project No. PWOl- 02, hereinafter referred to as "PROJECT". Section II. RCWD shall reimburse CITY for one hundred percent (100 %) of the costs (hereinafter referred to as "REIMBURSEMENT"), for the removal of certain water improvements within the PROJECT area that are affected by the PROJECT. The costs for the REIMBURSEMENT to CITY by RCWD shall include the following items as shown within the attached Bid Result Spreadsheet: A. Water Item Extended Bid Amount Bid Item 8 (Remove AVAR Assy) $ 10,500.00 Total Section III. Costs are based on construction bids received for the PROJECT under "Bid Item 8 Remove AVAR Assy" shown within the attached Base Bid Result spreadsheet. CITY has evaluated and analyzed all bids received and selected the lowest responsible bidder for the PROJECT as C. S. Legacy Construction, Inc. (hereinafter referred to as "CONTRACTOR"). RCWD has reviewed the bids and approved CITY's selection of CITY's CONTRACTOR prior to the commencement of the work on the PROJECT. RCWD shall maintain as a contingency an amount equal to ten percent (10 %) of the total estimated costs of constructing the water facilities to account for unforeseen changes to the work. The CITY shall obtain approval from RCWD prior to the approval of any change orders associated with the removal of these facilities, and authorizing the contractor to proceed unless failure to act immediately may affect public safety. The cost of any delay in the work due to the delayed action of RCWD in approving change orders associated with the removal shall be borne by RCWD. RCWD shall respond to water facility change orders within three business days. CITY shall make payment to CONTRACTOR for work performed. Actual costs shall be identified and billed to RCWD for payment on the following basis: A. The CITY shall invoice RCWD on a monthly basis for all RCWD facilities completed by the CONTRACTOR. RCWD shall remit payment to the City within twenty-five days of receipt of invoice. Section IV. It is acknowledged that RCWD has reviewed and approved all CITY plans and specifications for the removal of the water facility improvements and has approved the bid amount as reasonable. Management and administration of the terms expressed herein shall be performed by CITY for the PROJECT. CITY agrees to designate Mr. Avlin R. Odviar, Assistant Engineer, Capital Projects, as the S879S WhXRCWDVNmb emeemem ear n .m contact for CITY in regards to this agreement. RCWD agrees to designate Mr. Andrew Webster, Planning and Capital Projects Manager, as a point of contact for RCWD to facilitate the reimbursements identified herein. Section V. INSPECTION RCWD shall provide and pay for inspection of all water facilities related to the PROJECT, specifically Bid Item 8. Section VI. NOTICES All notices under this Agreement shall be sent as follows: RCWD: Rancho California Water District 42135 Winchester Road Temecula, CA 92590 Attn: E. P. Bob Lemons, Director of Engineering CITY: City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attn: Avlin R. Odviar, Assistant Engineer, Capital Projects Either party may change its address for notices by notifying the other party. All notices given at the most recent address specified shall be deemed to have been properly given. This Agreement is dated as of the date set forth above. District: RANCHO CALIFORNIA WATER DISTRICT By: By: City: CITY OF TEMECULA By: Michael S. Naggar, Mayor By: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC/AAE, City Clerk RACIMPROJECTS%MOO V01-02 SR79SOu MWDkeimE a Fwment ever aM.0oc 2 ITEM 9 APPROVAL CITY ATTORNEY ` DIRECTOR OF FINAJ CITY MANAGER / CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 14 Alilliam G. Hughes, Director of Public Works/City Engineer DATE: July 27, 2004 SUBJECT: Completion and Acceptance of the Pechanga Parkway Soundwall Improvements - Project No. PW99-11SW PREPARED BY: Greg Butler, Principal Engineer Brian Guillot, Assistant Engineer RECOMMENDATION: That the City Council: Accept the construction of the Pechanga Parkway Soundwall Improvements, Project No. PW99-11 SW, 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 amount; 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 February 5, 2003, City Council awarded a construction contact for Project No. PW99-11SW, Pechanga Parkway Soundwall Improvements, to R.J. Bullard Construction, Inc. of Bonsall California in the amount of $2,886,303.00. This project involved the construction of a sound wall to reduce noise for homeowners along Pechanga Parkway from Clubhouse Drive to Via Eduardo. 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. All work will have a warranty for a period of one (1) year from the date of acceptance by the City. The final contract amount including all contract change orders is $2,920,956.29. The construction retention for this project will be released on or about thirty-five (35) d ays a fter t he N otice o f Completion has been recorded. FISCAL IMPACT: The Pechanga Parkway Soundwall Improvement Project, Project No. PW99- 11 SW is a portion of the Pechanga Parkway Improvements — Phase 11 Capital Improvement Project that is funded with Development Impact Fees - Street Improvements, a contribution from the Pechanga Indian Tribe, a Public Lands and Highways Grant, the Wolf Creek Community Facilities District, and AD-159. The base amount of the soundwall construction contract was $2,886,303.00, ten (10) contract change orders were issued for a total of $38,787.00. The final amount of the contract is $2,920,956.29. r AGENDA REPORTS/2004/031604/PW99-05 Acceptance ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit rAAGENDA REPORTS/2004/031604/PW99-05 Acceptance 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. Bullard Construction P.O. Box 1577, Bonsall, CA 92003-1577 to perform the following work of improvement: PECHANGA PARKWAY SOUNDWALL IMPROVEMENTS Project No. PW99-11SW 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 July 27, 2004. That upon said contract the First National Insurance Company of America 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: PECHANGA PARKWAY SOUNDWALL IMPROVEMENTS Project No. PW11-SW 6. The location of said property is: Pechanga Parkway, Temecula, California Dated at Temecula, California, this 27" day of July, 2004 City of Temecula Susan W. Jones CMC, City Clerk STATE OF CALIFORNIA 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 27' day of July, 2004. City of Temecula Susan W. Jones CMC, City Clerk H:\CIP\prolects\pw99-119W completion note EXECUTED IN DUPLICATE BOND NO. 6057186 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT MAINTENANCE BOND PROJECT NO. PW99-113W PECHANGA PARKWAY SOUNDWAU IMPROVEMENTS KNOW ALL PERSONS BY THESE PRESENT THAT: R. J. BULLARD CONSTRUCTION, INC. P. 0. BOX 1577. BONSALL. CA .92003-1577 NAME AND ADDRESS CONTRACTOR'S a CORPORATION hereinafter called Principal, and (K91In wherMr a wpmum, Pafiership Mk KVduaq FIRST NATIONAL INSURANCE COMPANY OF AMERICA 120 VANTIS, ALISO VIEJO, CA 92656 NAME AND ADDRESS OF 8URETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the panel sum of LWO HUNDRED EIGHTY FOUR THOUSAND FOUR HUNDRED SEVENTY NINE ------- DOLLARS and THIRTY SEVEN -------- CENTS ($ 284,479.37 I in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION Is such Mat whereas, the Principal entered into a certain Contract with the OWNER, dated the 25TH day Of FEBRUARY MM42 Copy of which Is hereto attached and made a part hereof for the construction of PROJECT NO. PW99- 11SW, PECHANGA PARKWAY SOUNDWALL IMPROVEMENTS. WHEREAS, said Contract provides that the Principal will fumish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on _ DULY 15, 2004 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship In the execution of said work, and the carrying out of the terms of said Contract, or It shall appear that defective materials were fumishad thereunder, than this obligation shall remain in full force and virtue, otherwise this Instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, inclucring reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. f,111l1iF3iPtICE60ND Kkt RMGTb1Pn99t89-07S�h�SperxIPYV8BA15WBIppOC9dpt State County of The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications way affect its obligations On this bond, and it does hereby accompanying the same, shall In any of time, alteration, or addition to the terms of the waive notice of any, such change, extension Contract, or to the work, or to the Specifications. Signed and sealed this 15TH f day of JULY 20OZ 4 FIRST NATIONAL INSURANCE StfR COMPANY OFARAICA By: _ RAREN J L (Ne A )) ATTORNEY -IN -FACT (i iite) APPROVED AS TO FORM: CALIFORNIA SAN DIEGO PRINCIPAL R- J. BU LARD CONSTRUCTION, INC. Ely- ROB)ERT J BULLARD (Name (Title) a (Name) 7/15/2004 before me, DEBORAH D. DAVIS, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER- E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared ROBERT J. BULLARD, RAREN JEAN HALL NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their �`"°`'� DEBORAH D. DAVIS signature(s)on the instrument the person(s), 1 ,� ,W,. .Y P (), COMM. A7412744 or the entity upon behalf of which the d NOTARY PUBLIC-CALIFORNIA m SAN DIEGO COUNTY N person(s) acted, executed the instrument. My COMM. Exp. APRIL 21, 2007 WITNESS my hand and official seal. 1 I 1 t J, SIGNATURE OF NOTARY OPTIONAL SECTION No. 5193 f� OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons reying on the document. ❑ INDIVIDUAL ® CORPORATE OFFICER(S) PRESIDENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, OTHER THAN NAMED ABOVE it could prevent fraudulent reattachment of this form. SIGNER(S) S A F E C a POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX34528 FIRST NATIONAL SURETY SEATTLE, WA 98124-1526 BOX SEATTLE, 98124-1526 8062 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint uu+rrn++rnrr+u+n+++r+FiELEtJ MALONEY; JOHN G. MALONEY; MARK D. IATAROLA; KAREN JEAN HALL; Escondido, California'""araaanrarrrrrr+rr+unrrra its We and lawful attomey(s}in-fact, with full authority, to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 12th CHRISTINE MEAD, SECRETARY CERTIFICATE day of November 2002 MIKE MCGAVICK, PRESIDENT Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On arry certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (it) A copy of the powerof-attomey appointment, executed pursuant thereto, and Qii) Certifying that said poweroFattomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof. I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hard and affixed the facsimile seal of said corporation this 15TH day of JULY 1 2004 SE�S C� 29z18LZJF �•IWAS4>•iA ♦ • CHRISTINE MEAD, SECRETARY 7/98 ® A registered trademark of SAFECO Corporation PDF IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America, General Insurance Company of America, First National Insurance Company of America, American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety Insurance". This means that under certain circum- stances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of bsses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all Insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and condibons of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. SS2<3 3/03 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW99-11 SW PECHANGA PARKWAY SOUNDWALL IMPROVEMENTS This is to certify that %, i..9 \ (,,-a - thereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it 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 it'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. PW99- 11SW, PECHANGA PARKWAY SOUNDWALL IMPROVEMENTS, situated in the City of Temecula, State of California, more particularly described as follows: PECHANGA PARKWAY FROM SR79SOUTH TO PECHANGA ROAD The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would 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: ry prescription Dollar Amount to Dispute 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. Dated: CONTRACTOR Signature RELEASE R-1 R.ICIPIPRCJECTS1PW99199-11SwISpecs1PW99-11SWBIDDbCS.dot ITEM 10 APPROVAL CITY ATTORNEY / DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: �William G. Hughes, Director of Public Works/City Engineer DATE: July 27, 2004 SUBJECT: Amendment 1 to Professional Services Agreement for Geotechnical and Material Testing Services - LOR Geotechnical Group, Inc. Pechanga Parkway Phase II - Storm Drain Improvements (Wolf Valley Creek Channel) - Project No. PW99-11CH PREPARED BY: Greg Butler, Principal Engineer Steven Beswick, Associate Engineer RECOMMENDATION: That the City Council: Approve amendment number 1 to the professional services agreementwith LOR Geotechnical Group, Inc. in an amount not to exceed $54,570.00 to provide as needed geotechnical and material testing services for the Pechanga Parkway Phase IIB Storm Drain Improvements (Wolf Valley Creek Channel - Stage 2), Project No. PW99-11 CH, and authorize the City Manager to execute the amendment. 2. Increase the City Manager's authority to approve amendments to the original agreement by $5,457.00 which will allow for a total contingency amount of $13,326.00, which is equal to 10% of the total amount of the agreement. BACKGROUND: The Pechanga Parkway Phase IIB Storm Drain Improvements (Wolf Valley Creek Channel - Stage 2), Project No. PW99-11 CH will require geotechnical, materials testing, and special inspection services. LOR Geotechnical Group, Inc. (LOR) was selected after evaluating five proposals received for geotechnical and materials testing services to provide these same professional services for stage 1 of this project. The subject amendment will extend LOR's scope of work to include these same services for stage 2. Amending LOR's present contract will allow the City to economically maintain continuity in the inspection and materials testing of these two interrelated projects. FISCAL IMPACT: The geotechnical and laboratory materials testing services for the Pechanga Parkway Phase IIA Storm Drain Improvement Projectwill be funded through Development Impact Fees - Street Improvements, a contribution from the Pechanga Indian Tribe, the Wolf Creek Community Facilities District, and AD-159. Including the subject amendment, the total authorization for this professional services agreement is $146,586.00, which includes the original agreement in the amount of $78,690.00, plus this amendment for $54,570.00, plus a 10% contingency of $13,326.00. Adequate funds are available in the project construction engineering account, No. 210-165-668-5805. RAAGENDA REPORTS\2004\072704\G..t.ChPW99-11CH.a9r.D0C ATTACHMENTS: Project Location Project Description Amendment 1 to Agreement with LOR Geotechnical Group, Inc. RAAGENDA REPORTS\2004\O)2]04\GectechM99-11CM.agr.DOC d a u d 'o a. a z� �I �bp ono oo� o�o$no o$Iq y cd F ID (21 b allo b .�. h N N y Vi ff! 69 (A df 69 69 69 q w o � D d Q p�.. -jOj p U •y O j v N Q O O O a O% L w �oo�o�o s � CD N > to S b9 4i 69 69 (H qqO, .a oCD S 0 0 6 o o O 0 N v 7 CD0 CD K p 0 O pp yQ F .Y^9 6r (n Fn a `� y �y uU Q O O O O O O� d bl) Ell A b O O C4 �/1 O O 00 00 .--i O � O V^ O .+ y g '�j V A V N > M r O �n �n N .-� ^� y N O O O m l- m N .r r M .-� M Oi p p, raj 2 N Q N w N C~1. .� N di fA 69 69 b9 60 f9 64 N •y ;A �+to w •� 'U5U'' W V W O w" D 'O W N 69 oq vi el)to to vi Q Wu'.P. U E+ O V -q y U O - .V•, C W a o Q o c o 7 a QdUUq W -FIEF Win tA 9 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND LOR GEOTECHNICAL GROUP, INC. GEOTECHNICAL AND LABORATORY MATERIALS TESTING SERVICES PECHANGA PARKWAY PHASE IIA STORM DRAIN IMPROVEMENTS WOLF VALLEY CREEK CHANNEL — STAGE 1 PROJECT NO. PW99-11SD THIS FIRST AMENDMENT is made and entered into as of July 27, 2004,by and between the City of Temecula, a municipal corporation ("City") and LOR Geotechnical Group, Inc.: ("Consultant'). In consideration 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 April 13, 2004 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Geotechnical and Laboratory Materials Testing Services ("Agreement") in the amount of Seventy Eight Thousand Six Hundred Ninety Dollars and No Cents ($78,690.00). B. The parties now desire to increase the payment for additional geotechnical and material testing services in the amount of Fifty Four Thousand Five Hundred Seventy Dollars and No Cents ($54,570.00) and amend the Agreement as set forth in this Amendment. 2. Section 4 a Payment of the Agreement is hereby amended to read as follows a. The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment for additional geotechnical and laboratory material testing services amount shall not exceed Fifty Four Thousand Five Hundred Seventy Dollars and No Cents ($54,570.00.00) for additional geotechnical and laboratory material testing for a total contract amount, of One Hundred Thirty Three Thousand Two Hundred Sixty Dollars and No Cents ($133,260.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 r:\CIP\Projects\PW99-11 SDWolf Valley Creek Channel\Agreements\LOR Geotech Amend 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Michael S. Naggar, Mayor ATTEST: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT LOR Geotechnical Group, Inc. 6121 Quail Valley Court Riverside, CA 92507 (951)653-1760 K. Kevin Osmun, PE, Vice President John P. Leuer, GE, President (Two Signatures Required For Corporations) ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant for additional Geotechnical and Laboratory Materials Testing Services. LORGEOTECHNICAL GROUP, INC. Soil Engineering ♦ Geology ♦ Environmental • • July 14, 2004 City of Temecula Capital Projects 43200 Business Park Drive Temecula, California 92590 Attention: Mr. Steven Beswick Reference No. 2404B.P Subject: Proposal for Conduct Geotechnical and Construction Materials Testing, Wolf Valley Creek Channel Project, Stage 2, Tract No. 29305, City of Temecula, California. Pursuant to your request, we are providing our scope of services for the professional i. geotechnical and construction materials testing for the Wolf Valley Creek Channel project, Stage 2, Tract No. 29305. The following is a time frame for each task and the ' personnel we will assign to the project. For the length of the project we have used a + time frame of 100 days. i Our cost will be billed on a time and materials basis with charges only for the actual work conducted. Time tickets will be provided to your field inspector to accurately +' track the time we are present on the project. i. SCOPE OF WORK i The scope of work we are proposing for the project will be to provide compaction and construction materials testing services. We propose the following items of work: t compaction testing for the grading of the alignment, utility relocation, backfill of the RCB's and storm drain, street subgrade, aggregate base, and asphalt concrete. Construction materials testing will consist of quality compliance of the aggregate base, i asphalt concrete, and Portland Cement Concrete supplied to the project. Additionally, we will cast concrete cylinders during the concrete pours for the project. L, 6121 Quail Valley Court ♦ Riverside, CA 92507 ♦ (909) 653-1760 ♦ Fax (909) 653-1741 City of Temecula July 14, 2004 TASK ANALYSIS Reference No. 2404B.P The following task analysis provides a breakdown of the scope of work in more detail: TASK ASSIGNED PERSONNEL ESTIMATED QUANTITY UNIT COSTS ESTIMATED COST Progress Meetings John R. Muir, Staff Engineer 24 Hours $95/hour $2,280.00 Grading of Channel Bottom Field Technician 36 Hours $85/hour $3,060.00 Relocated Utilities Backfill Field Technician 24 Hours $85/hour $2,040.00 Backfill of RCB's Field Technician 100 Hours $85/hour $8,500.00 Subgrade and Base Testing Field Technician 36 Hours $85/hour $3,060.00 Asphalt Concrete Testing Field Technician 16 Hours $85/hour $1,360.00 Miscellaneous Compaction Testing (driveway, sidewalk, curb & gutter) Field Technician 24 Hours $85/hour $2,040.00 Concrete Sampling Deputy Inspector 100 Hours $85/hour $8,500.00 Batch Plant Inspection ACI Certified Technician 160 Hours $85/hour $13,600.00 Laboratory Compaction Laboratory Technician 6 Tests $130/150/test $1,080.00 Laboratory Sieve Analysis Laboratory Technician 6 Tests $65/test $390.00 Laboratory Sand Equivalent Laboratory Technician 6 Tests $50/test $300.00 Laboratory AC Extraction Laboratory Technician 2 Tests $200/test $400.00 Laboratory AC Density Laboratory Technician 2 Tests $110/test $220.00 Laboratory AC Stability Laboratory Technician 2 Tests $140/test $280.00 Laboratory R-Value Laboratory Technician 2 Tests $230/hour $460.00 Laboratory Concrete Breaks Laboratory Technician 100 Breaks $20/test $2,000.00 Reports John P. Leuer, GE 4 Reports $1,250/report $5,000.00 ESTIMATED TOTAL $54,570.00 lr 1 L' 2 LOR GEOTECHNICAL GROUP, INC. r. City of Temecula July 14, 2004 Reference No. 2404BY It is our understanding that our services will be provided on an on -call basis with the scheduling to be conducted by your field inspector or project manager. CLOSURE We trust this proposal meets your needs. If you require additional information or have any questions, please do not hesitate to contact this firm at your convenience. Respectfully submitted, LOR Geotechnical Group, Inc. M. Kevin Osmun, PE, REA II Vice President MKO:mmm Distribution: Addressee (2) 3 LOR GEOTECHNICAL GROUP, INC. ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: John Pingel, Lieutenant DATE: July 27, 2004 SUBJECT: Promenade Mall Storefront Lease Agreement PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council approve the attached lease agreement for a Police Department storefront facility in the Promenade Mall beginning July 14, 2004 and terminating after a five year period. BACKGROUND: Police Department and City staff have been meeting with Forest City Commercial Management over the last few months to discuss the possibility of opening a Police Department storefront at the Temecula Promenade Mall. This Police Storefront will replace the Target Storefront which has now closed. If the City were to open a Police Storefront at the Promenade Mall, the Police Department could provide extended hours of service to the public. The storefront would be open for extended hours in the evening and would be open to the public seven days a week. This would allow the public both phone and walk-in access to the local police department for extended hours of service than what is currently provided. The proposed lease rate for a 1,800 sq. ft. space would be $1.00 per year for five years. The Council will also be asked to consider approving additional expenditures for such items as tenant improvements, furniture, fixtures, and equipment at future meetings. The cost for these items may be upwards of $100,000; however, the actual cost is unknown at this time. These costs may be substantial due to the fact that the space to be leased will need considerable improvements before being occupied by the Police Department. At this time, there are adequate Development Impact Fees (DIF) - Police Facilities to pay for these improvements. FISCAL IMPACT: The total cost of this lease agreement would be $1.00 per year for five years. Adequate funds are available in the Police Department Budget for the lease costs associated with this agreement. Attachment: Lease Agreement k WHLEY&Sufi Rc mTmmie a MA Poiim SWrefmnl-Jim Dome -Am LICENSE AGREEMENT Date Prepared: June 23, 2004 New NO. PIT-2004-73 LICENSEE ("Licensee') LJCENSOR (Property Owner or Agent) ("Licensor") Name: City of Temecula Name: Forest City Commercial Management, Inc., acting as authorized agent for Owner' Street Address: 43200 Business Park Drive Street Address: 40820 Winchester Rd. City, State, Zip Code: Temecula, CA 92589 City, State, Zip Code: Temecula, CA 92591 Trade Name: City of Temecula Police Department (Sub Station) Location: Temecula, CA I Shopping Center Trade Name ("Center"): The Promenade in Temecula Telephone No.: 90M94-6444 Telephone No.: 9095W3981 License Commencement Date: June 24, 2004 Icense (ration ate un ess ea lertennlnSI ay , 2009 FIXED LICENSE FEES Total for Pay Period Total for Tenn of License Payment Due Date MINIMUM LICENSE FEE: $1.00/annually(June 2004June 2009) $1.00/annually(June 2004- June 2009) Due 1'ofthe year MARIQ:TING FEE: WA DTFIER FEES: N/A TOTAL FIXED LICENSE FEES: $5.00frerm(June 2004June 2009) $5.00/Term(June 2004June 2009) Due 1dofthe year Pay Period for Fixed License Fees (payable to :The Promenade in Temecula' by preapproved company check, certified check or ey orde Daily Weekly ❑Mordhly X Annually Other This License: ❑includes a Percentage Fee of %of all Sole purpose for which Licensed Area can be used by Licensee: Licensee's net sales and revenues in excess of a break point Licensee will take ossession of space 1870 for the use of a of Percentage Fee for a given month is due o Ice u Ion an r no er ouroose oever an—d—pa—yable on the 16th day of the following month. %does not include a Percentage Fee 1. License Area and Location. Based on the terms and information stated above which is an integral part of this License and incorporated in this License Licensor hereby, grants to Licensee a NON -TRANSFERABLE REVOCABLE LICENSE for the temporary use of those certain premises ('(he License Area') consisting of approximately 1748- Soace 1870 square feet in the retail facility known as The Promenade in Temecula located at 40820 Winchester Rd.. Temecu a M91T1- 2— cUnrly 6eposlM WA 3. Utilities Fee. The Utilities Fee is $ N/A If Licensee utilizes an amount of electricity greater than the average of other licensees duringg the pay period, Licensor may omri—TmeTtime bill Licensee for the reasonable cost to Licensor of such extra electricity. Licenseeayallsso make at. angements to transfer utilities and pay directly to utility company as available and approved by Licensor. S. SLate Charges. NtAA 6. Licensee further agrees that it shall, at Its sole cost and expense: IA) At all times maintain the License Area in good, clean and safe condition and on the expiration date of the Tenn of this License shhall return the License Area to Licensor in broom clean condition and restored to at least as good a condition as it was in before Licensee took possession. No work shall be performed in orto the License Area without Licensors prior written approval. (B) At all times observe and comply with all laws, ordinances, rules, regulations antl code requirements, mcludina those of as or covenants and agrees that from and after the date Ise or any renewal thereof, Licensee will cam and n a, contractual liability coverage nfl iation, written on a combined or more persons. A certificate or c s or on or their 9. Hours of Operation. Licensee shall operate 100% of the Licensed Area continuously and uninterrupted during the existence cerise in accordance with its terms. Licensee shall be open for business at the License Area during all regular Center hours, and ether hours as a Volf the other businesses operating at the Center are open. Accordingly, wit respect to anY day dunm the 3t Licensee shall fail t be open for the hours provided for above, Licensee shall pay a late openina/early dosing charge of $50.00 which shall become immediately due and payable. The late opening/eariy closing charge sFall not preclude Licensor from any other available remedy. 10. DefaulL Licensor may exercise any remedy available to it at law or in eeqquly upon Licensee's breach or default of this Ucense. Any breach or default by the Licensee under this License shall constitute a defaua under any other gqooreement or Lease between Licensor and Licensee. Anyy breach or default under any other Agreement or Lease between Licensor and-Ucensee shall constitute a default under this License. Licensee will reimburse Ucensor for any and all costs and expense including reasonable aftomeys' fees which Licensor incurs in connection with the enforcement of this License. Ucensee hereby agrees that Ucensor shall have no duty to seek a court order or provide due process before evicting Licensee from the Ucense Area and removing Licensee's property from the Center. Ucensee hereby waives any right to aAiry trial in any lawsuit commenced in connection w th this Ucense. 11. Limitation of Poght of RecoveryAgainst Licensor. There shall be no personal liability of Ucensor or Omer (nor any of their partners, beneficiaries, officers directors, ve urers shareholders or affiliated entries l in resFFect to any of the tens of this License. In the event of any breach or default by Licensor under t�Tis License, Licensee shall look solely to the equity of Owner in the Center for the satisfaction of Licensee's remedies. 12. This License may be modified only in a wrftin9 signed by Licensor and Uoensae. 13. Notices. All notices or payments, made pursuant to mis License will be to the address above stated. 14. Rules. Licensee shall compl, wnh all Rules which may be made effective by Licensor from time to time. Failure to comply with any such Rules shall constitute a default in this License. 15. Ucense Area Maintenance. By taking possession of the Ucense Area, Licensee shall be deemed to have: i) inspected the Ucense Area ii) accepted the Ucense AreaVS S IS" with no representation or warranty by Ucensor as to the condition of the Ucensor Area, its suitability (or Licensee's proposed operation or the improvements therein; and Hill agreed that the Licensor has no oblication to improve as: as 17. Waiver of Responsrbil' . Neither Licensee waives, all claims for loss or amage, ec by Licensee or any parson claiming byy, through a Area or anv part of the Center, includina. wlthc or the Tenn of this or s shall be on or pror on or abo or ry rip an ,u w n nyeucu awes m mn flamer; XIIi lallgre or Llcenso! or lJlyner t0 r or (honer to lig or otherwise maiMam the parking or other common areas; or xiv) any other H pam ad by law Licensee agrees to use antl occupy the License Area, and to use such rein gwen the right (o use, at Licensee's own risk Licensee hereby releases and waives all right of recovery which lt might otherwise have f the Center antl their respective agerds and employees by reason of any loss or tlamage cause of ac{ion against Ucensor or Owner, damage or injurryy or oMer occurrence no matter covered by the Licensee's insurance (assuming no deductible) or which would have been iremerds of Section fi(C) of this License. sponseible foreall atore siinags, includi imedor and extedor signs. All signage must be n. aecuruy. ucensee snap De responsible Tor its own secunry during daytime and nighttime hours. "Licensor shall not be liable for the security of tenant's displays, Mures and/or merchandise in the License Area. notice. 22. Access. Ucensor shall have the right to access the License Area and Licensee's place of business at all times without prior 23. Trash and Refuse Removal. Licensee shall remove, at its sole cost and expense, all trash and refuse in an expedient and orderiy manner. All such trash and refuse shall be kept completely within the License Area and out of the public vies until so removed. If trash service Is provided by Ucensor, the Licensee will be responsible to pay the appropriate fee for this service, as determined by the Ucensor. 24. Confidentiality. WA 25. Informational Use. Any informational material which is or has been provided to Licensee is for reference only and no representations or warranties are made concemingg anyy item contained therein including, without limitation, applicability of the material to any particular business or location. Use of this maferiafis solely at the users risk and discretion. 26. Representations. Licensee acknowledges that Ucensor has made no representations concerning the possibility of any extension or continuance of this Ucense, other than as specifically stated in this Ucense. 27. Personal Guaranty. WA 28. Additional Tarns. Litanrees to improve space at Licensee's expense and must conform to Forest Clfv's specification approved by Tenant CooWn Vol LICENSEE: LICENSOR: FOREST CITY COMMERCIAL MANAGEMENT, INC. 9y: acting as authorized agent its By: GUARANTOR: t�Tn�i' Its im.n �o�r.�.en.a earw�a.nMi Date Signed: Date Signed: __ ITEM 12 APPROVAL,Vpk CITY ATTORNEY CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim Domenoe, Chief of Police Genie Roberts, Director of Finance DATE: July 27, 2004 SUBJECT: Seventh Amendment to Agreement for Law Enforcement Services PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council: 1. Approve the seventh amendment to the agreement for law enforcement services between the County of Riverside and the City of Temecula to include hiring four additional officers. BACKGROUND: The City of Temecula has contracted with the County of Riverside Sheriffs Department for law enforcement services since incorporation. On July 25, 2000 the City Council approved the existing five-year contract for law enforcement services with the County of Riverside. On November 14, 2000 the City Council approved the first amendment to the contract to address field -training costs associated with the addition of new officers. On February 27, 2001 the City Council approved the second amendment to the contract to provide forthe addition of five patrol officers as a result of the Vail Ranch annexation. On July 24, 2001, the City Council approved the third amendment to the contract, which added one lieutenant, one motorcycle officer for the Neighborhood Enforcement Team (NET) and one Community Service Officer. On June 25, 2002, the City Council approved the fourth amendment to the contract, which added two motorcycle officers, two patrol officers and one task force officer for the Southwest Corridor Task Force. On July 22, 2003 the City Council approved the addition of three officers. One officer was added to patrol and the other two officers were dedicated to traffic duties. This brought the number of sworn officers to 76 and exceeded the target ratio of officers to population. On August 28, 2003, the City Council authorized the addition of two motorcycle officers as the result of the need for enhanced, dedicated enforcement of red light violations. This addition of personnel brought the total number of sworn officers to 78. On June 8, 2004, the City Council approved the Police Department budget which includes the hiring of four additional officers. These additional officers will include one School Resource Officer (SRO) and three Patrol Officers. The new SRO will be assigned to Great Oak High School and the additional Patrol Officers are being added to accommodate growth in population and maintain the City's ratio of 1 officer for every 1000 residents. This addition of personnel will bring the total number of sworn officers to 82. FISCAL IMPACT: An appropriation of $13,516,300 is in the fiscal year 2004-2005 Police Department operating budget to cover staffing and other contract related costs. ATTACHMENT: Seventh Amendment to Agreement for Law Enforcement Services between County of Riverside and City of Temecula. ORIGINAL SEVENTH AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RIVERSIDE AND CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula, approved by the Board of Supervisors on December 19, 2000, for services effective July 1, 2000 through June 30, 2005, as amended December 19, 2000, March 27, 2001, August 14, 2001, October 29, 2002, October 7, 2003 and November 25, 2003 is hereby amended in the following respects only: 1. Attachment A is amended to read as follows: ATTACHMENT A CITY OF TEMECULA LEVEL OF SERVICE Average Patrol Services 165.8 supported hours per day. (Approximate equivalent of thirty-four (34) Deputy Sheriff positions Q 1,780 annual productive hours per position standard.) Dedicated Positions One (1) Sheriff s Lieutenant Two (2) Sheriff s Sergeant positions Two (2) Deputy Sheriff (fully supported) positions -Special Enforcement Team Six (6) Deputy Sheriff (fully supported) positions -Community Policing Team Fourteen (14) Deputy Sheriff (fully supported) positions-Traffic/Motorcycle Team One (1) Deputy Sheriff (fully supported) position-K-9 Deputy One (1) Deputy Sheriff (fully supported) Southwest Corridor Task Force Three (3) Deputy Sheriff (unsupported) positions -School Resource Officers (year-round) Eleven (11) Community Service Officer II positions One (1) Community Service Officer I position IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be signed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. Dated: ATTEST: Name Susan W. Jones, CMC Title City Clerk Dated: ATTEST: Nancy Romero Clerk of the Board By: Deputy PA CITY OF TEMECULA By: Mayor Michael S. Naggar APPROVED AS TO FORM: Peter M. Thorson City Attorney COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors FORM APPROVED COUNTY COI W"^ L JUL 0 0 4 BY _ ...m ITEM 13 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 27, 2004 SUBJECT: Appointing the City Treasurer and Confirming the Authority of the City Treasurer PREPARED BY: Karin A. Grance, Revenue Manager 7- RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY TREASURER AND CONFIRMING THE AUTHORITY OF THE CITY TREASURER BACKGROUND: In November 1989, the area known as Rancho California became incorporated and named the City of Temecula. As part of voting for cityhood, the voters approved the appointing of the City Treasurer versus an elected one. On December 1, 1989, the City Council adopted Resolution No. 89-3, appointing the first City Treasurer, Frank Aleshire, the City Manager at that time, to perform the duties of treasurer. As the city began evolve, the City Council adopted Ordinance 90-02 Adding Chapter 2.15 and Title 3 Chapter 3.08 to the Temecula Municipal Code providing for the Office of City Treasurer and the Investment of Moneys and Funds. A new Resolution No. 90-72 was adopted July 10, 1990 appointing David F. Dixon as the City Treasurer. Since that time, only the Temecula Municipal Code Chapters have been updated to reflect the duties required by the City Treasurer. Chapter 2.20 applies to the Office of City Treasurer and Chapter 3.04 has been renamed Fiscal Provisions Generally. Staff recommends a new resolution be adopted to reflect Shawn D. Nelson, City Manager, to serve as appointed City Treasurer and that Resolution Nos. 89-3 and 90-72 be repealed. The City Treasurer may delegate all or part of the duties to appropriate personnel as needed. These positions are referenced in the Investment Policy. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 04- R Ago -jas G4 Agc�oas\Staff Repon-troasirer-roso-cc doa Resolution No. 89-3, dated December 1, 1989 Resolution No. 90-72, dated July 10, 1990 RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY TREASURER AND CONFIRMING THE AUTHORITY OF THE CITY TREASURER THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby repeal Resolution No. 89-3 and Resolution No. 90-72 Appointing the City Treasurer. Section 2. The City of Temecula, California was incorporated on December 1, 1989, as a general law city of the State of California. Section 3. Government Code Section 36501 states that there must by an office of City Treasurer. Section 4. The office of City Treasurer was made appointive versus elective, as per Government Code Section 36511, in the incorporation papers of the City, per Resolution No. 89-589 of the Board of Supervisors of the County of Riverside, State of California, November 28, 1989. Section 5. Temecula Municipal Code Chapter 2.20 creates the office of City Treasurer, gives the authority of appointing the City Treasurer to the City Council, and requires the City Treasurer to obtain a corporate surety bond. Section 6. It is necessary that a City Treasurer be appointed immediately in order that the affairs of the City may be properly administered. Section 7. Shawn D. Nelson is hereby appointed City Treasurer of the City of Temecula to sere at the pleasure of the City Council. Section 8. Government Code Section 53607 allows the City Council to delegate the duties of investing or reinvesting funds of the City, or to sell or exchange securities so purchased, to the City Treasurer until the delegation of authority is revoked or expires. Section 9. The City Treasurer shall follow the provisions of Temecula Municipal Code Chapter 3.04 and appropriate California State Code sections as they relate to the performance of his duties as City Treasurer. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 27`h day of July, 2004. Michael S. Naggar, Mayor r "�Rcs-s.04 Pesos Reso - C.!5 Tr"asvo: Appomimon[ 07-27-04_doc 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 27`" day of July, 2004 by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RESOLUTION NO. 89-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING A CITY TREASURER WHEREAS, the City of Temecula was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, it is necessary that a City Treasurer be appointed immediately in order that the affairs of the City may be properly administered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Frank Aleshire is hereby appointed City Treasurer of the City of Temecula to serve at the pleasure of the City Council. Section 2. The Acting City Treasurer will furnish a corporate surety bond to be approved by the City Council in such amount as be determined by the said City Council, and it shall be conditioned upon the satisfactory performance of the duties imposed upon the City Treasurer as herein prescribed. Any premium for such bond shall be a proper charge against the City of Temecula. APPROVED AND ADOPTED this 1st day of December, 1989. /;I./x--- Ron J. Parks, Mayor ATTEST: Frank Aleshire, City Clerk Rews 89-3 I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, F.D. Aleshire, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 89-3 was duly adopted at a regular meeting of the City of Temecula on the 1st day of December, 1989, by the following roll call vote: AYES: 5 COUNCILMEMBERS NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Rams 89-3 Birdsall, Lindemans, Moore, Munoz, Parks None None Frank Aleshire, City Clerk RESOLUTION NO. 90-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY TREASURER The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, the City of Temecula, California was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, it is necessary that a City Treasurer be appointed immediately in order that the affairs of the City may be properly administered; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula does determine and order as follows: Section 1. David F. Dixon is hereby appointed City Treasurer of the City of Temecula to serve at the pleasure of the City Council. Section 2. The City Treasurer will furnish a corporate surety bond to be approved by the City Council in such amount as determined by the said City Council, and it shall be conditioned upon the satisfactory performance of the duties imposed upon the City Treasurer as herein prescribed. Any premium for such bond shall be a proper charge against the City of Temecula. PASSED, APPROVED AND ADOPTED this loth day of July, 1990. ATTEST: [SEAL] Rew 90.72 Ronald J. Parks, Mayor STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 90-72 was duly adopted at a regular meeting of the City Council of the City of Temecula on the loth day of July, 1990, by the following roll call vote. AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Pe. 9a72 Birdsall, Lindemans, Munoz, Moore, Parks None None J e reek, Deputy C' erk ITEM 14 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 27, 2004 SUBJECT: City Treasurer's Statement of Investment Policy PREPARED BY: Karin A. Grance, Revenue Manage4v RECOMMENDATION: That the City Council adopt the Treasurer's Statement of Investment Policy as proposed by staff which provides safety, liquidity and yield for City funds. BACKGROUND: The California legislature has passed legislation imposing a State - mandated local program requiring the treasurer or chief fiscal officer to render an annual statement of investment policy to the legislative body of the local agency and to render a quarterly report containing specified information regarding investments and deposits to the chief executive officer and the legislative body of the local agency. The attached Treasurer's Statement of Investment Policy conforms to the requirements and guidelines established by the California Municipal Treasurer's Association and the California Society of Municipal Finance Officers. The City of Temecula currently invests primarily in the State of California Local Agency Investment Fund (LAIF). This investment 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." While investing in LAIF remains a viable option for the City, staff has begun a proactive effort at managing investments that result in greater returns while preserving our principal objective of protecting the City's treasury within the parameters of prudent risk management and reflecting a greater diversity in the portfolio. The attached investment policy reflects changes from the previous policy adopted by the City Council on July 22, 2003 as a result of some updates to the Government Code Section 53601 and 53601.6: Commercial Paper — Moody's and Standard and Poor's rating services replaced by a nationally recognized statistical rating organization (NRSRO). R.%Ayondas,04 Agendasstaff roport-mvostmeni potrcycc doc • Ineligible Investments — mortgage backed securities replaced by mortgage -derived securities. FISCAL IMPACT: None. ATTACHMENTS: Proposed Investment Policy Redlined Changes to Pages of Existing Investment Policy Government Code Sections 53601 and 53601.6 pocket part pages CITY OF TEMECULA Investment Policy INTRODUCTION: The intent of this Investment Policy is to establish the limits within which the City's Investment Program shall be conducted. Investment goals and objectives are defined. Authorized investments and reporting requirements are identified. The City's Broker/Dealer Questionnaire is included. The monies entrusted to the City Treasurer will be referred to as the "Fund" throughout the remainder of this document. OBJECTIVES: The investment policies and practices of the City of Temecula are based upon State law and prudent money management. The primary goals of these policies include: 1. To protect the principal monies entrusted to this office. Safety of principal is the foremost objective of the City of Temecula. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker -dealer default, or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only with issuers whose financial strength and reputation can be verified to be the highest as rated by nationally known rating agencies, and by diversifying the investment portfolio so thatthe failure of any one issuer would not unduly harm the City's cash flow. Market risk, the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by (a) structuring the portfolio so that securities mature earlier than or concurrent with the timing of major cash outflows, thus eliminating the need to sell securities prior to their maturity; (b) prohibiting the use of leverage and margin accounts; and (c) prohibiting the taking of short positions — that is, selling securities which the City does not own. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable, and must be considered within the context of the overall investment return. 2. To provide sufficient liquidity to meet normal operating and unexpected expenditures. The portfolio will be structured with sufficient liquidity to allow the City to meet expected cash requirements. This will be accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Since all possible cash demands cannot be anticipated, the portfolio will maintain a liquidity buffer and invest primarily insecurities with active secondary and resale markets. 3. To assure compliance with all Federal State and Local laws governing the The legal basis for the City's investment activities is the City of Temecula Municipal Code, Chapter 3.04, Revenue and Finance, Fiscal Provisions Generally and Government Code Sections 53600 to 53609 and 53630 to 53686, which include parameters for authorized investments, report of investments and investment authority. Revised: JuIv.2004 ICity of Temecula INVESTMENT POLICY Page 2 4. The City's investment portfolio shall be designed to attain a market -average rate of return through economic cycles. The market -average rate of return is defined as the average return on three- month U.S. Treasury bills. Whenever possible, and consistent with risk limitations and prudent investment principles, the Treasurer shall seek to augment returns above the market average rate of return. The policy will also address risk management because it is such an integral part of the investment policy. To concentrate only on maximizing return would be dangerous. Therefore, policy issues will be directed to: 1) limiting the Fund's exposure to each issue and issuer of debt, and 2) determining a minimum credit requirement that firms must have in order to hold City money. SCOPE:. This investment policy applies to all funds under the control of the City Treasurer, including but not limited to the general fund, special revenue funds, enterprise funds, debt service funds, capital improvement funds, trust funds and proceeds of bonds sale in the custody of the Treasurer and any other funds under his control. California Government Code Section 53601(1) permits money from bond proceeds, obligations under a lease, installment sales or other agreements to be invested in any security that meets the statutory provisions governing the issuance of the bond or other agreements made by the issuing agency. INVESTMENT AUTHORITY: The City of Temecula Municipal Code delegates to the City Treasurer the authority to invest and reinvest moneys of the city, to sell or exchange securities, and to deposit them and provide for their safekeeping. The City Treasurer is responsible for daily management of the investment program, including: ✓ Establishing procedures for operation consistent with the investment policy. ✓ Approving daily investment transactions. ✓ Developing projections of the City's cash requirements for operating needs. ✓ Reviewing the liquidity position of the investment portfolio. ✓ Ensuring that the City's cash position is consistent with operating requirements. ✓ Preparing appropriate investment reports. ✓ Developing, implementing and monitoring controls over investments. ✓ Developing record keeping for investment transactions. The City Treasurer may delegate investment authority to qualified and competent officials and City employees such as the Finance Director, Assistant Finance Director, or Revenue Manager. All persons authorized to make investment decisions on behalf of the City are trustees of the public funds and therefore fiduciaries subject to the following prudent investor standard as defined in California Government Code Section 53600.3: When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with Revised: JuIv.2004 �City of Temecula INVESTMENT POLICY Page 3 like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law. SAFEKEEPING OF SECURITIES: To protect against potential losses by collapse of individual securities dealers, all securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures (i.e., the City's safekeeping agent will only release payment for a security after the security has been properly delivered). This section is intended to comply with Government Code 53635. REPORTING: The City Treasurer shall render a monthly report to the City Manager and City Council showing the type of investment, issuing institution, selling institution, date of maturity, par and dollar amount of deposit, current market value for all securities, return on the City's investment portfolio expressed as an annual percentage rate, yield to maturity, cash flow information demonstrating that the City can meet its upcoming financial obligations, and such data as may be required by the City Council. The report shall also state its relationship to this statement of investment policy, as directed under the Code. The Treasurer shall annually submit a recommended updated Investment Policy to be reviewed and approved by the City Council. The City's investment reporting policy meets or exceeds the requirements of Section 53646 of the California Government Code. QUALIFIED DEALER The City shall transact investments only with banks, savings and loans, investment security dealers and the State of California Local Agency Investment Fund. The dealers must be primary dealers regularly reporting to the New York Federal Reserve Bank. Exceptions to this rule will be made only after thorough research and documented confirmation of financial strength and reputation and after approval by the City Manager. Investment staff shall investigate dealers who wish to do business with the City in order to determine if they are adequately capitalized, market securities appropriate to the City's needs, and are recommended by managers of portfolios similar to the City's. The City's Broker/Dealer Questionnaire (Attachment A) will be used in this investigation. The City shall at least annually send a copy of the current investment policy to all dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered as evidence that the dealer understands the City's investment policies, and intends to show the City only appropriate investments. Revised: July, 2004 Oily of Temecula INVESTMENT POLICY Page Investments shall be made in the context of the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." The City is further governed by the California Government Code, Sections 53600 et seq. Within the context of these limitations, the following investments are authorized, as further limited herein: credit of the United States are pledged for payment of principal and interest. There is no limitation as to the percentage of the portfolio that can be invested in this category. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. obligations with maturities of five nears or less. Although there is no percentage limitation on the dollar amount that can be invested in these issues, the "prudent investor" rule shall apply for a single agency name. Maturity is not to exceed the projected dates of the Citys cash needs or five years, whichever is less. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances. Banker's acceptances purchased may not exceed 180 days to maturity or 40% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in banker's acceptances issued by any one bank. rating on its long-term debentures as provided by a NRSRO. Purchases of eligible commercial paper may not exceed 15% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in commercial paper issued by any one corporation. The City may invest in no more than 10% of a single corporation. The City may invest in no more than 10% of a single corporation's commercial paper. Maturity is not to exceed 180 days. state or federal savings and loan associations. Negotiable certificates of deposit (NCDs) differ from other certificates of deposit by their deposit liquidity. They are issued against funds deposited for specified periods of time and earn specified or variable rates of interest. NCDs are traded actively in secondary markets. When feasible, an independent trading service will be used as part of the evaluation process. Issuers must be rated "B" or better by Thomson Bank Watch or equivalent rating service, or rated A-1 for deposits by Standard & Poors, or P-1 for deposits by Moodys or comparably rated by a national rating agency. Transactions in NCDs shall not collectively exceed 30% of the total portfolio in effect immediately after any such investment is made. Revised: July, 2004 JCity of Temecula INVESTMENT POLICY Page 5 Repurchase Agreements. The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement which specifies terms and conditions of repurchase agreements. Transactions shall be limited to the primary dealers and the top banking institutions according to the rating agency based on liquidity, profitability, and financial strength. The maturity of repurchase agreements shall not exceed 30 days. The market value of securities used as collateral for repurchase agreements shall be monitored daily by the investment staff and will not be allowed to fall below 102% of the value of the repurchase agreement plus the value of collateral in excess of the value of the repurchase agreement. In order to conform with provisions of the Federal Bankruptcy Code which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be certificates of deposit, eligible bankers' acceptances, or securities that are direct obligations of, orthat are fully guaranteed as to principal and interest by, the United States or any agency of the United States. No more than 50% of the portfolio may be invested in repurchase agreements, and a "perfected security interest" shall always be maintained in the securities subject to a repurchase agreement. Local Agency Investment Fund. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted by State law. Time Deposits. The City may invest in non-negotiable time deposits collateralized in accordance with the California Government Code, in those banks and savings and loan associations that meet the requirements for investment in negotiable certificates of deposit. Since time deposits are not liquid, no more than 15% of the portfolio may be invested in this category. The issuer firm should have been in existence for at least five years. The City may waive the first $100,000 of collateral security for such deposits if the institution is insured pursuant to federal law. In order to secure the uninsured portions of such deposits, an institution shall maintain at least 10% in excess of the total amount deposited. Real estate mortgages may not be accepted as collateral. The maximum term for deposits shall be one year. In general, the issuer must have a minimum 6% net worth to assets ratio or the minimum ratio established by the Comptroller of the Currency. The issuer's operation must have been profitable during their last reporting period. Money Market Funds. The City may invest in money market funds that invest solely in U.S. Treasuries, obligations of the U.S. Treasury, and repurchase agreements relating to such treasury obligations. To be eligible, companies selling money market funds must have an investment advisor with not less than five years experience and that is registered with the SEC, has the highest ranking available as evaluated by a nationally recognized rating service, and with assets in excess of $500 million. This list of authorized investments is intended to apply to the investment of all operating and surplus funds. The investment of bond proceeds shall be governed by the permitted investments as specified in the official statement for each bond issue. INELIGIBLE INVESTMENTS: Investments not described herein, including, but not limited to, reverse repurchase agreements, mutual funds, zero coupon bonds, inverse floaters, mortgage -derived securities, common stocks and corporate notes and bonds are prohibited from use in the City's investment portfolio. Revised: Ju1v.2004 lCitv of Temecula INVESTMENT POLICY Pa e 6 SWAPPING OF'"SECrUxR�TI,ES: A swap is the movement from one security to another and may be done for a variety of reasons, such as to increase yield, lengthen or shorten maturities, to take a profit, or to increase investment quality. The purchase transaction and the sale transaction must each be recorded separately and any losses or gains on the sale must be recorded. PORTFOLIO ADJUSTMENTS: Should an investment percentage -of -portfolio limitation be exceeded due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturityto avoid losses. When no loss is indicated, the Treasurer shall consider reconstructing the portfolio basing his or her decision, in part, on the expected length of time the portfolio will be unbalanced. POLICY REVIEW:. This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. The City Council shall be responsible for maintaining guidance over this investment policy to ensure that the City can adapt readily to changing market conditions, and shall approve any modification to the investment policy prior to implementation. ETHICS AND CONFLICT OF INTEREST: Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with the proper execution of the investment program or impairs their ability to make impartial investment decisions. Additionally, officers and staff involved in the investment of public funds are required to annually file a Fair Political Practices Commission Statement of Economic Interest form. Revised: July, 2004 CITY OF TEMECULA Broker/Dealer Questionnaire ff&jJ=]JJF, MA77CN J r.. Firm Name: Address: Phone No: 1 1 Firm is (select one): ❑ Broker ❑ Dealer • 'y =. R ESIVTAT/VE/NFORMAT/ON Sales Representative: Title: Phone No: I ) Supervising Representative: Title: Phone No: 1 1 `STATttSM/STORY � �....... YES NO Is your firm a primary dealer in U.S. Government securities? ❑ ❑ If yes, for how long? Are the following instruments regularly offered by your firm? T-Bills ❑ ❑ T-Notes/Bonds ❑ ❑ Banker's Acceptances (Domestic) ❑ ❑ Banker's Acceptances (Foreign) ❑ ❑ Commercial Paper ❑ ❑ Certificates of Deposit ❑ ❑ Medium Term Notes ❑ ❑ Mutual Funds (eligible for public investmentl ❑ ❑ Agencies (please specify) ❑ ❑ Have any of your firm's public sector clients sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of a financial instrument that was recommended by and purchased through your firm? (If yes, please explain on a separate sheet.) ❑ ❑ Have any of your firm's public sector clients claimed, in writing, that your firm was responsible for any investment losses? (If yes, please explain on a separate sheet.) ❑ ❑ Has your firm been subject to any litigation, arbitration or regulatory proceedings, either pending, adjudicated or settled, that involved allegations of improper, fraudulent, disreputable or unfair activities related to the sale of securities or to the purchase of securities from institutional clients? (If yes, please explain on a separate sheet.) ❑ ❑ Has your firm been subject to a regulatory, state or federal agency investigation for alleged improper, fraudulent, disreputable, or unfair activities related to the purchase or sale of securities? (If yes, please explain on a separate sheet.) ❑ ❑ What is the net capitalization of your firm? What are your wire and delivery instructions? Please identify all personnel who will be trading with or quoting levels to the City of Temecula: NAME: TITLE: PHONE: #YRS W/FIRM Do each of the above individuals currently hold valid licenses to YES NO trade securities on behalf of the institution? ❑ ❑ REFERENCES Please identify your most closely comparable governmental local agency clients in our geographical area: AGENCY: CONTACT: PHONE: # YRS CLIENT 77ON R7YFlCAa I hereby certify that I have personally read the City of Temecula's Investment Policy and the California Government Codes pertaining to the investments of the City of Temecula, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of Temecula's investment objectives, strategies and risk constraints whenever we are so advised. We pledge to exercise due diligence in informing the City Treasurer staff of all foreseeable risks associated with financial transactions conducted with our firm. We further pledge not to offer the City of Temecula any types of securities not authorized by both the City of Temecula's Investment Policy and California Law. I attest to the accuracy of our responses to your questionnaire. Additionally, all sales personnel will be routinely informed of your investment objectives, horizon, outlook, strategies, and risk constraints whenever we are so advised. We will notify you immediately by telephone and in writing in the event of material adverse change in our financial condition. The supervising officer agrees to exercise due diligence in monitoring the activities of other officers and subordinate staff members engaged in transaction with the City of Temecula. SIGNED: PRINTED NAME: TITLE: DATED: This section must be countersigned by the Managing Director or by the most senior person in charge of the government securities operations sections. SIGNED: PRINTED NAME: TITLE: DATED: JCity of Temecula INVESTMENT POLICY Page Investments shall be made in the context of the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, butfor investment, considering the probable safety of their capital as well as the probable income to be derived." The City is further governed by the California Government Code, Sections 53600 et seq. Within the context of these limitations, the following investments are authorized, as further limited herein: United States Treasury Bills, Bonds, and Notes, or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no limitation as to the percentage of the portfolio that can be invested in this category. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. obligations with maturities of five years or less. Although there is no percentage limitation on the dollar amount that can be invested in these issues, the "prudent investor" rule shall apply for a single agency name. Maturity is not to exceed the projected dates of the City's cash needs or five years, whichever is less. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances. Banker's acceptances purchased may not exceed 180 days to maturity or 40% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in banker's acceptances issued by any one bank. Provided by ' .Purchases of eligible commercial paper may not exceed 15% of the market value of the portfolio. No more than 10% of the market value of the portfolio may be invested in commercial paper issued by any one corporation. The City may invest in no more than 10% of a single corporation. The City may invest in no more than 10% of a single corporation's commercial paper. Maturity is not to exceed 180 days. state or federal savings and loan associations. Negotiable certificates of deposit (NCDs) differ from other certificates of deposit by their deposit liquidity. They are issued against funds deposited for specified periods of time and earn specified or variable rates of interest. NCDs are traded actively in secondary markets. When feasible, an independent trading service will be used as part of the evaluation process. Issuers must be rated "B" or better by Thomson Bank Watch or equivalent rating service, or rated A-1 for deposits by Standard & Poors, or P-1 for deposits by Moodys or comparably rated by a national rating agency. Transactions in NCDs shall not collectively exceed 30% of the total portfolio in effect immediately after any such investment is made. D.-;—A- sd„ 1001 ICity of Temecula INVESTMENT POLICY Page 5 Repurchase Agreements. The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement which specifies terms and conditions of repurchase agreements. Transactions shall be limited to the primary dealers and the top banking institutions according to the rating agency based on liquidity, profitability, and financial strength. The maturity of repurchase agreements shall not exceed 30 days. The market value of securities used as collateral for repurchase agreements shall be monitored daily by the investment staff and will not be allowed to fall below 102% of the value of the repurchase agreement plus the value of collateral in excess of the value of the repurchase agreement. In order to conform with provisions of the Federal Bankruptcy Code which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be certificates of deposit, eligible bankers' acceptances, or securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States. No more than 50% of the portfolio may be invested in repurchase agreements, and a "perfected security interest" shall always be maintained in the securities subject to a repurchase agreement. Local Agency Investment Fund. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted by State law. Time Deposits. The City may invest in non-negotiable time deposits collateralized in accordance with the California Government Code, in those banks and savings and loan associations that meet the requirements for investment in negotiable certificates of deposit. Since time deposits are not liquid, no more than 15% of the portfolio may be invested in this category. The issuer firm should have been in existence for at least five years. The City may waive the first $100,000 of collateral security for such deposits if the institution is insured pursuant to federal law. In order to secure the uninsured portions of such deposits, an institution shall maintain at least 10% in excess of the total amount deposited. Real estate mortgages may not be accepted as collateral. The maximum term for deposits shall be one year. In general, the issuer must have a minimum 6% net worth to assets ratio or the minimum ratio established by the Comptroller of the Currency. The issuer's operation must have been profitable during their last reporting period. Money Market Funds. The City may invest in money market funds that invest solely in U.S. Treasuries, obligations of the U.S. Treasury, and repurchase agreements relating to such treasury obligations. To be eligible, companies selling money market funds must have an investment advisor with not less than five years experience and that is registered with the SEC, has the highest ranking available as evaluated by a nationally recognized rating service, and with assets in excess of $500 million. This list of authorized investments is intended to apply to the investment of all operating and surplus funds. The investment of bond proceeds shall be governed by the permitted investments as specified in the official statement for each bond issue. INELIGIBLE INVESTMENTS: Investments not described herein, including, but not limited to, reverse repurchase agreements, mutual funds, zero coupon bonds, inverse floaters, mortgagees securities, common stocks and corporate notes and bonds are prohibited from use in the City's investment portfolio. Revised: July, 2002 H hL 14 E . A i §53601 GOVERNMENT COD GOVERNMENT CODE Body of a local agency having money in' a sinking fund or money in its treasury not requiredforthe invest any portion of the money that it deems wise or expedient vnmediate needs of the local agency may investments set forth below. A local agency purchasing or obtaining'any securities prescribed in in those this section,. in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the those for the agency by financial advisers, consultants, ' securities to the local agency, including purchased using the agencya funds, by book entry, physical delivery, or by third -party custodial a. or managers agreement. The transfer of securities to the counterparty banks customer book entry account may be used for book entry delivery. For purposes of this section, "counterparty' means the other party to the transaction. A counterparty department may be used for the physical delivery of the bank's trust department or separate safekeeping if the security is held in the name of the local agency.. Where this section specifies a percentage agency. security limitation for a' particular.category of investment, that percentage is applicable only. at the date of Where this section does not specify a limitation on the term or remaining maturity at the time negotiated sale basis and at the, purchase. of the investment, no investment shall be made in any security, other than a security underlying a securities lending agreement authorized by this section, he local agency shall advertise repurchase or reverse repurchaseagreement or that at the time of the investment has a tens remaining to maturity in excess of five years, unless the to make that investment either specifically or as a part of a notice once at least 10 days Misted within the boundaries of legislative body has. granted express authority an investment program approved by the legislative body no less than three months prior to the e of the bonds. If one or more I 11 be awarded to the highest investment (a) Bonds issued by the local agency,. including bonds payable solely out of the revenues from a that the bids received are ! f revenue -producing property owned, controlled, or operated by the local agency or by a department, may ded sale basis. may reject all bids received, if board, agency, or authority of the local agency.. _ bills, of indebtedness, or those for which the on a negotiated sale basis, the (b) United States Treasury notes, bonds, or certificates faith and credit of the United States are pledged for the payment of principal and interest, onds are sold, to the California : determined to sell the bonds at (c) Registered state warrants or treasury notes or bonds of this state, including bonds payable solely or operated by the state or by t out of the revenues from a revenue -producing -property owned, controlled, a department, board agency, or authority of the state. >y Stats.1085, c. 1033, § 12, eff. , (d) Bonds, notes, warrants, or other evidences of indebtedness of any local agency within this state, from revenue -producing property owned, controlled, including bonds payable solely out of the revenues a or operated by the local agency, or by a department, board, agency, or authority of the local agency. (e) Federal agency or United States government -sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government -sponsored enterprises. Section - (f) Bankers acceptances otherwise known as bills of exchange or time drafts that are drawn on and bankers may not exceed 180 days' maturity or . . . . . . . .............. 53620 '. ...... ............. 53739 accepted by a commercial bank. Purchases of acceptances 40 percent of the agency's money that may be invested pursuant to this section. However, no more than be invested in the bankers acceptances of any one commercial . . . .................. 53750 I 30 percent of the agency's money may bank pursuant to this section. This subdivision does not preclude a municipal utility district from investing any money in its treasury in any manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of .Public -Utilities Code). )'Commercial paper of "prime" quality of the highest ranking or of the highest letter andnumber- (NRSRO). The rating ae provided for by ` • * a nationally recognized statistical -rating organisation entity that issues the commercial paper man • • * meet all of the follounn¢ condiho et I investments. or investment of funds by local paragr_a h0_ i110 definitions. (1) The entity meets the following criteria: (A) Is organized and operating in the United States * * * as a general corporation. (B) Has total assets in excess of five hundred million dollars ($500, 000,000)_ • * * (C) Has debt * * * other than commercial paper, if any, that is rated "A" or higher by * • ' a nationally recognized statistical -rating organization (NRSRO). (2) The entity meets the following criteria: (A) Is organized within the United States ae a special Purpose corporation trust, or limited liability Company. B Has Dro wide credit enhancements including, but not limited to overcollateralization letters of her local agency that does not an local agencies that have the agencies that pool money in cre .t or surety bond. ) Has commereial paper that is rated "A -1" or higher, or the equivalent, by a nationally recognized statistical -rating organization (NRSRO). AddBions orchanges Indicated by underline; deletions by asterisks • • " erring bodies. The legislative ;. by asterisks • * • 69 § 53601.6 § 53601.6. Prohibited investments GOVERNMENT CODE' GOVERNMENT CODE (a) A local agency shall not invest any funds pursuant to sh' articleus� or pursuant to, Article 2, (commencing with Section stops. in in inverse floaters, range no , or mortgage -derived, interest -only U � � 1 (b) A local agency shall not invest any funds pursuant to this c e or .pursuant to Article 2 -' (commencing with Section 53630) in any security that could result in zero interest accrual if held to p,i maturity. However, a local agency may hold prohibited instruments until their maturity dates. The P limitation in this subdivision shall not apply to local agency investments in shares of beneficial interest y issued by diversified management companies registered under the Investment Company Act of 1940 (16 j U.S.C. Sec. 80a-1 ' " ' et seg.) that are authorized for investment pursuant to subdivision (k) of Section j 53601. n (Added by Stats.1995, c. 784 (S.B.866), § 15. Amended by Stats.1996, c. 156 (S.B.864), § 8, eff. July 12, 1996; Stats.2001, c. 57 (A.B.609), § 4.) Crone References j Deposit of money belonging to or in custody of local agencies, eligibility requirements, see Government Code § 53635.2. § 53601.7. Criteria for investment of funds by local agency; definitions Notwithstanding the investment parameters of Sections 53601 and 53635, a local agency that is a county or a city and county may invest any portion of the funds that it deems wise or expedient, using the following criteria'-- - - (a) No investment shall be made in any security, other than a security underlying repurchase or reverse purchase agreement, that, at the time of purchase, has a term remaining to maturity in excess of 397 days, and that would cause the dollar -weighted average maturity of the funds in the investment pool to exceed 90 days. (b) All corporate and depository institution investments shall meet or exceed the following credit rating criteria at time of purchase: (1) Short-term debt shall be rated at least "A -I" by Standard & Poor's Corporation, "P-1" by Moodys Investors Service, Inc., or "F-I" by Fitch Ratings. If the issuer of short-term debt has also issued long- term debt, this long-term debt rating shall be rated at least "A," without regard to +/- or 1, 2, 3 modifiers, by Standard & Poor's Corporation, Moody's Investors Service, Inc., or Fitch Ratings. (2) Long-term debt shall be rated at least "A," without regard to +/- or 1, 2, 3 modifiers, by Standard & Poor's Corporation, Moody's Investors Service, Inc., or Fitch Ratings. (c) No more than 5 percent of the total assets of the investments held by a local agency may be invested in the securities of any one issuer, except the obligations of the United States government, United States government agencies, and United States government -sponsored enterprises. No more than 10 percent may be invested in any one mutual fund. (d) When this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase. A later increase or decrease in a percentage resulting from a change in values or assets shall not constitute a violation of that restriction. If subsequent to purchase, securities are downgraded below the minimum acceptable rating level, the securities shall be reviewed for possible sale within a reasonable amount of time after the downgrade. (e) Within the limitations set forth in this section, a local agency electing to invest its funds pursuant to this section may invest in the following securities: (1) Direct obligations of the United States Treasury or any other obligation guaranteed as to principal and interest by the United States government. (2) Bonds, notes, debentures, or any other obligations of, or securities issued by, any federal government agency, instrumentality, or government -sponsored enterprise. (3) Registered state warrants or treasury males or bonds of this state, including bonds payable solely out of the revenues from a revenue -producing property owned, controlled, or operated by the state or by a department, board, agency, or other entity of the state. (4) Bonds, notes, warrants, or other indebtedness of the local agency, or any local agency within this state, including bonds payable solely out of the revenues from a revenue -producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. Additions or changes Indicated by underline; deletions by asterisks 68 (5) Bankers acceptance, other a commercial bank, primarily us( not exceed 180 days to maturity. (6) Short-term unsecured pro Eligible commercial paper is furl (A) issuing corporations that I, excess of live hundred million (B) Maturities for eligible coi more than 10 percent of the outs (7) A certificate representing for a specified return at maturit chartered bank or a state or fed state -licensed branch of a foreigi come within Article 2 (commen subject to the limitations of Sec other official of the local agency funds in the custoiiy of the loca: credit union if a member of If decisionmaking authority in the office, or treasurer's office of ti appointed by the board of dime federal credit union issuing the i (8) Repurchase agreements, : securities authorized by this se( delivery requirements specified on any investment authorized b The market value of the secant or greater of the funds borrow quarterly. Because the market the investments in repurchase underlying securities is brougl repurchase agreements may be (A) The security being sold o owned and fully paid for by the (B) The total of all reverse purchased or committed to pa (C) The agreement does not guaranteeing a minimum earns: reverse repurchase agreement: (D) Funds obtained or funds security to a counterparty by may not be used to purchase settlement date of'the rever. agreement includes a written between the sale of a security i the final maturity date of the s; (E) Investments in reverse sells securities prior to purchm made with prior approval of th dealers of the Federal RescITE or has had a significant bankin; "Securities;". for purposes o date, and maturity. (9) All debt securities issue - not more than 397 days, inch instruments originally issued v final maturity of 397 days or h and operating within the Units state and operating within the Additions or char ITEM 15 APPROVAL CITY ATTORNEY to DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 27, 2004 SUBJECT: Authorization to Execute the Supplemental Agreement for the Fiscal Year 2004- 05 Community Development Block Grant Funds PREPARED BY: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: 1. Authorize the Mayor to execute the Supplemental Agreement for fiscal year 2004-05 Community Development Block Grant Funds. DISCUSSION: On January27, 2004, the City Council recommended funding for Fiscal Year 2003-04 Community Development Block Grant (CDBG) projects. This recommendation was forwarded to the Riverside County Economic Development Agency for review and processing with the U.S. Department of Housing and Urban Development (HUD). HUD provides CDBG funding for local projects, which meet at least one of the following nationally established goals: 1. The activity benefits 51 percent low/moderate income persons; or, 2. The activity aids in the prevention or elimination of slums or blight; or, 3. The activity meets an emergent community development need. The Economic Development Agency (EDA) has processed the City's recommendation and has submitted the attached supplemental agreement for signature. The projects and levels of funding approved by the (EDA) are as follows: Operation School Bell $ 14,000 Boys And Girls Club $ 11,000 Court Appointed Special Advocates (CASA) $ 2,000 Rape Crisis Center $ 4,000 Alternatives Domestic Violence $ 10,000 Safe Teen Connection $ 5,000 Senior Citizen Emergency Food Pantry $ 10,000 Circle of Care $ 7,000 YMCA Summer Camp $ 7,500 Loma Linda Ronald McDonald House $ 1,263 Old Town Gymnasium $203,332 Temecula Community Center Expansion $206,730 Total CDBG Funding $4&LM Execution of the fiscal year 2004-05 Supplemental Agreement and Sub -Recipient Agreement facilitates CDBG funding for these projects. The actual CDBG award of $481,825 is $3,399 more than the projected amount approved by the City Council on January 27, 2004. The County Economic Development Agency (EDA) has increased the funding for the Temecula Community Center Expansion by $3,399. All other projects were funded at the City Council approved funding level. Fiscal Impact: CDBG funds will be budgeted in a special revenue fund for the approved programs and projects. Attachment: Supplemental Agreement for the use of 2004-05 Fiscal Year CDBG funds I File: 0.650, 0.651, 0.652, 0.655, 1.TM116, 1.TM121, 2 1.TM122, LTM123, LTM124, LTM125, LTM126, LTM127 3 SUPPLEMENTAL AGREEMENT FOR THE USE OF 4 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 5 COUNTY OF RIVERSIDE of the State of California, herein called, "COUNTY," and the 6 CITY OF TEMECULA, herein called "CITY," mutually agree as follows: , 7 1. GENERAL. COUNTY and CITY have executed a Cooperation Agreement dated July 2, 8 2002, whereby CITY elected to participate with COUNTY, which has qualified as an "Urban County" 9 for purposes of receiving Community Development Block Grant (CDBG) funds, and to assist and 10 undertake essential community development and housing assistance activities pursuant to the Housing 11 and Community Development Act of 1974, as amended, hereinafter referred to as "Act". Said 12 Cooperation Agreement dated July 2, 2002, is incorporated herein by reference and made a part of this 13 Agreement as if each and every provision was set forth herein. 14 2. PURPOSE. CITY promises and agrees to undertake and assist with the community 15 development activities, within its jurisdiction, by utilizing the sum of $481,825, CDBG Entitlement 16 Funds, as specifically identified in Exhibits A, B, C, D, E, F, G, H, I, J, K and L are attached hereto 17 and consist of 3 pages (each), and by this reference are incorporated herein, for the projects: 18 0.650 Operation School Bell, $14,000. 19 0.651 The Learning Connection, $11,000. 20 0.652 CASA for Riverside County, Inc., $2,000. 21 0.655 Direct Services/Rape Prevention Education, $4,000. 22 1.TM116 Services to Victims & Children of Domestic Violence. $10.000. 23 LTM121 Teen Connection, $5,000. 24 LTM122 Emergencv Food Purchase and Storage, $10,000. 25 LTM123 Vineyard of the New Vine - Circle of Care, $7.000. 26 LTM124 YMCA Day Camp and Swim Lessons. $7,500. 27 1.TM125 Loma Linda Ronald McDonald House. $1,263. 28 1.TM126 Gymnasium -Old Town Temecula, $203,332. Page 1 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LTM 127 Temecula Community Center Expansion, $206,730. CITY shall obtain COUNTY's approval, through its Economic Development Agency, of the project plans and specifications prior to CITY's construction of same when a project consists of a construction activity. 3. TERM OF AGREEMENT. The term of this Agreement for the projects shall be for a period of one (1) year from July 1, 2004 to June 30, 2005, and proceed consistent with the completion schedule set forth in Exhibits A, B, C, D, E, F, G, H, I, J, K and L. In the event that the projects are not substantially completed by the time set forth in the completion schedule due to unforeseen or uncontrollable causes, the schedule for the completion of the project may be extended by the period of the enforced delay. Times of performance may also be extended in writing by the mutual agreement of 11 CITY and COUNTY. If substantial progress toward completion in conformance with the completion schedule, as determined by COUNTY of the projects are not made during the term of the Supplemental Agreement, COUNTY may suspend or terminate this agreement by the procedures set forth in the Section titled "Termination", of this agreement and the entitlement funds associated with the projects may be reprogrammed by COUNTY after appropriate notice is given. 4. DISPOSITION OF FUNDS. COUNTY's Board of Supervisors shall determine the final disposition and distribution of all funds received by COUNTY under the Act consistent with the provisions of Paragraphs 2 and 3 of this Agreement. COUNTY, through its Economic Development Agency, shall: (1) Make payment of the grant funds to CITY as designated in Exhibits A, B, C, D, E, F, G, H, I, J, K and L; (2) It is the CITY's responsibility to monitor the projects activity of Exhibits A, B, C, D, E, F, G, H, I, J, K and L to ensure compliance with applicable federal regulations and the terms of this Agreement. CITY shall comply with timely drawdown of funds by submitting monthly requests for reimbursement. All disbursements of grant funds will be on a reimbursement basis and made within thirty (30) days after the CITY has submitted its letter identifying payments and documentation which supports expenditures. All authorized obligations incurred in the performance of the Agreement must be reported by June 4, 2004 for projects eligible under 570.201(e), Public Services; 3) The COUNTY will directly manage and monitor projects identified in Exhibits A, B, C, and D. These projects have been determined to be Countywide, receiving grant funding from multiple Page 2 of 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sources; therefore, these projects will be managed and monitored by the COUNTY. 5. COOPERATION WITH HOUSING ACTIVITIES. CITY shall cooperate with COUNTY in undertaking essential community development and housing assistance activities, specifically urban renewal and public assistance housing, and shall assist COUNTY in carrying out its Strategic Plan of the Consolidated Plan and other requirements of the Community Development Block Grant Program. 6. LEAD AGENCY FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Pursuant to Section 15051(d) of Title 14 of the California Administrative Code, CITY is designated as the lead agency for the projects that are the subject matter of this Agreement. 7. HOLD HARMLESS AND INDEMNIFICATION. CITY shall comply with all applicable laws, rules and regulations, and shall indemnify, save and hold harmless COUNTY and its agency members and their respective agents, servants and employees of and from any and all liabilities, claims, debt, damages, demands, suits, actions and causes of action of whatsoever kind, nature or sort including, but not by way of limitation, wrongful death, expenses of the defense of said parties, and the payment of attorney's fees, arising out of or in any manner connected with the performance by CITY under this Agreement. 8. RECORDS AND INSPECTIONS. a. CITY shall establish and maintain records in accordance with 24 CFR Part 570 and Part 85 and OMB Circular A-87 as applicable and as they relate to the acceptance and use of federal funds under this Agreement. b. CITY shall maintain a separate account for CDBG Entitlement funds received as set forth in Exhibits (A, B, C, D, E, F, G, H, I, J, K and L). c. CITY shall, during the normal business hours, make available to COUNTY and to the Department of Housing and Urban Development for examination and copying all of its records and other materials with respect to matters covered by this Agreement. d. CITY shall not retain any program income as defined in Section 570.500 of Title 24 of the Federal Code of Regulations. Said program income shall be used only for the activities that are the subject of this Agreement. Further, all provisions of this Agreement shall apply to such activities. Page 3 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e. The CITY shall ensure projects that are serving limited clientele (570.208(a)(2)(i), that at least fifty-one percent (51 %) of the persons benefiting from the CDBG funded activities are of low and moderate income and meet the program income guidelines attached as Exhibits (A, B, C, D, E, F, G, H, I, J, K and L). The CITY must provide the direct benefit documentation required. 9. FEDERAL REQUIREMENTS. CITY shall comply with the provisions of the Act and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, CITY is to comply with those regulations found in Part 85 and Part 570 of Title 24 of the Code of Federal Regulations. CITY is to comply with OMB Circular A-87, or any subsequent replacement. CITY is to abide by the provisions of the Community Development Block Grant Manual, prepared by COUNTY and cited in the above -mentioned Cooperation Agreement. City to comply with Section 3 of the Housing & Urban Development Act of 1968: as amended attached hereto as Exhibit "S". 10. INDEPENDENT CONTRACTOR. CITY and its agents, servants and employees shall act at all times in an independent capacity during the term of this Agreement, and shall not act as, shall not be, nor shall they in any manner be construed to be agents, officers or employees of the COUNTY. IL TERMINATION. I of COUNTY. a. CITY. CITY may not terminate this Agreement except upon express written consent b. COUNTY. Notwithstanding the provisions of Paragraph Ila, COUNTY may suspend or terminate this Agreement upon written notice to CITY of action being taken and the reason for such action: (1) In the event CITY fails to perform the covenants herein contained at such times and in such manner as provided in this Agreement; and (2) In the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable; or (3) In the event the funding from the Department of Housing and Urban Development referred to in Paragraphs 1 and 2 above is terminated or otherwise becomes unavailable. c. Upon suspension of this Agreement, CITY agrees to return any unencumbered funds Page 4 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 which it has been provided by COUNTY. In accepting said funds, COUNTY does not waive any claim or cause of action it may have against CITY for breach of this Agreement. d. Upon suspension of this Agreement, CITY agrees not to incur any additional cost with regard to the projects that are cited in the written notice as necessitating the suspensions. 12. NONDISCRIMINATION. CITY shall abide by Sections 570.601 and 570.602 of Title 24 of the Federal Code of Regulations which requires that no person in the United States shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with Community Development funds. 13. PROHIBITION AGAINST CONFLICTS OF INTEREST a. CITY and its assigns, employees, agents, consultants, officers and elected and appointed officials shall become familiar with and shall comply with the CDBG regulations prohibiting conflicts of interest contained in 24 CFR 570.611, attached hereto as Exhibit "Cl" and by this reference incorporated herein. b. CITY and its assigns, employees, agents, consultants, officers, and elected and appointed officials shall become familiar with and shall comply with Section A-11 of the County's CDBG Policy manual, attached hereto as Exhibit "Cl" and by this reference incorporated herein. c. CITY understands and agrees that no waiver of exception can be granted to the prohibition against conflict of interest except upon written approval of HUD pursuant to 24 CFR 570.611 (d). Any request by CITY for an exception shall first be reviewed by COUNTY to determine whether such request is appropriate for submission to HUD. In determining whether such request is appropriate for submission to HUD, COUNTY will consider the factors listed in 24 CFR 570.611 (e). d. Prior to any funding under this Agreement, CITY shall provide COUNTY with a list of all employees, agents, consultants, officers and elected and appointed officials who are in a position to participate in a decision making process, exercise any functions or responsibilities, or gain inside information with respect to the CDBG activities funded under this Agreement. CITY shall also promptly disclose to COUNTY any potential conflict, including even the appearance of conflict, that may arise with respect to the CDBG activities funded under this Agreement. Page 5 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e. Any violation of this section shall be deemed a material breach of this Agreement, and the Agreement shall be immediately terminated by the COUNTY. 14. PROJECT ELIGIBILITY. As to CITY or its claimants, COUNTY shall bear no liability for any later determination by the United States Government, the Department of Housing and Urban Development or any other person or entity that CITY is or is not eligible under 24 CFR Part 570 to I receive CDBG funds. 15. USE OF PROPERTY. Whenever federal CDBG funds or program income are used, in whole or in part, for the purchase of equipment or personal property, the property shall not be transferred from its originally funded use for a period of five (5) years from the date that the City is no longer a part of the urban COUNTY program. The CITY shall maintain an inventory for COUNTY review. 16. EMPLOYMENT OPPORTUNITIES TO BE CAUSED BY PROJECT. CITY agrees to notify and to require any lessee or assignee to notify Riverside County Workforce Development Center/JTPA and GAIN - Department of Public Social Services of any and all job openings that are caused by this project. 17. PUBLICITY. Any publicity generated by CITY for the project funded pursuant to this Agreement, during the term of this Agreement, will make reference to the Contribution of the County of Riverside Community Development Block Grant Program in making the project possible. 18. PROGRAM MONITORING AND EVALUATION. CITY shall be monitored and evaluated in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Program Objectives. Quarterly reports shall be due on the last day of the month immediately following the end of the quarter being reported. The quarterly written reports shall include, but shall not be limited to the following data elements: a. Title of program, listing of components, description of activities/operations. b. The projected goals, indicated numerically, and also the goals achieved (for each report period). In addition, identify by percentage and description, the progress achieved towards meeting the specified goals; additionally, identify any problems encountered in meeting goals. c. If CDBG funded Activity meets National Objective under 24 CFR 570.208 (a)(2)(i), Page 6 of 8 SPONSOR shall report the following: 1) Total number of direct beneficiaries (clientele served) who are: • Moderate income • Low income • Very -low income 2) Percent of the Low/Moderate income beneficiaries 3) Racial ethnicity of clientele 4) Number of Female Headed Households SPONSOR shall report beneficiary statistics monthly to EDA on the pre -approved Direct Benefit Form, and Self -Certification Form (certifying income, family size, and racial ethnicity) as required by HUD. Updated forms are to be provided to said SPONSOR by EDA should HUD implement changes during the term of this agreement. 19. ENTIRE AGREEMENT. It is expressly agreed that this Agreement together with the cooperation Agreement between the parties, embodies the entire agreement of the parties in relation to the subject matter thereof, and that no other Agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the parties at the time of execution. 20. MINISTERIAL ACTS. The Executive Director of the COUNTY's Economic Development Agency or his or her designee(s) are authorized to take such ministerial actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Agreement as it may be amended from time to time by COUNTY. // // // Page 7 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. MODIFICATION OF AGREEMENT. This Agreement may be modified or amended only by a writing signed by the duly authorized and empowered representative of COUNTY and CITY respectively. I DATED: ATTEST: Nancy Romero Clerk of the Board By. Deputy (Seal) COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors APPROVED AS TO FORM In Peter M. Thorson City Attorney J ATTEST: CITY OF TEMECULA SH:AA:aj Flha CDBG\I STTINISuppAgr W,S ]16,121-127,dm By: Michael S. Naggar Mayor Page 8 of 8 EXHIBIT A Page 1 of 3 SPONSOR'S AGREEMENT Sponsor: Assistance League of Temecula Valley Address: 28720 Via Montezuma, Temecula, CA 92590 Project Title: Operation School Bell Location: 28720 Via Montezuma, Temecula, CA 92590 FILE: 0.650 Description: The Assistance League of the Temecula Valley (Operation School Bell Program) will provide children ages 11-18 of L/M income families with clothing, school supplies, hygiene items, and reading books. CDBG funds will be used to purchase the necessary items to outfit each child. Project Requirements: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should no service be provided, submit the form indicating NO SERVICE. In addition, this is a multi funded project and will be administered by the Riverside County EDA as follows: Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Sources: Third District $10,000.00 Cities: Lake Elsinore $5,000 Murrieta $8,000 Temecula $14,000 Total Funding $37,000 Cost CDBG Approved $37,000.00 Total CDBG Funding $37,000.00 EXHIBIT A Page 2 of 3 Timetable Implementation Schedule Milestone Program Services Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) April 30, 2005 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement FILE: 0.650 cry r n�+_ July 1, 2004 December 3, 2004 Completion Date October 31, 2004 January 31, 2005 July 31, 2005 June 1, 2005 Program Services Complete June 30, 2005 EXHIBIT A Page 3 of 3 FILE: 0.650 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside 2. APPLICATION/GRANT NUMBER PROJECT SUMMARY B-04-UC-06-0506 3. PERIOD OF APPLICABILITY FROM TO 4. X Original (each year) _Revision, Date July 1, 2004 June 30, 2005 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Operation School Bell 0.650 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Assistance League of Temecula Valley (909)694-8018 10. DESCRIPTION OF PROJECT: The Assistance League of the Temecula Valley, through their Operation School Bell program, will provide children (ages 11- 18) of L/M income families with clothing, school supplies, hygiene items, and reading books. CDBG funds will be used to purchase the necessary items to outfit each child. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACTS)/ENUMERATION DISTRICT(S) N/A 12. ANTICIPATED ACCOMPLISHMENTS: Provision of services to 1,500 children. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services $37,000.00 14. Totals $37,000.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $37,000.00 EXHIBIT B Page 1 of 3 SPONSOR'S AGREEMENT Sponsor: Boys & Girls Club of Southwest Count Address: P.O. Box 892349, Temecula, CA 92589 Project Title: The Learning Connection Location: 28790 Pujol St., Temecula, CA 92590 FILE: 0.651 Description: The Boys & Girls Club will provide before and after school programs to children of low/moderate income families. Specifically, the CDBG funds will be used to provide scholarships. Project Requirements: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should no service be provided, submit the form indicating NO SERVICE. In addition, this is a multi funded project and will be administered by the Riverside County EDA as follows: Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Sources: Cities: Murrieta $15,000 Temecula $11,000 Total Funding $26,000 Cost CDBG Approved $26,000.00 Total CDBG Funding $26,000.00 EXHIBIT B Page 2 of 3 Timetable Implementation Schedule Program Services Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) April 30, 2005 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement FILE: 0.651 July 1, 2004 December 3, 2004 Completion Date October 31, 2004 January 31, 2005 July 31, 2005 June 1, 2005 Program Services Complete June 30, 2005 EXHIBIT B Page 3 of 3 FILE: 0.651 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside 2. APPLICATION/GRANT NUMBER PROJECT SUMMARY B-04-UC-06-0506 3. PERIOD OF APPLICABILITY FROM TO 4. X Original (each year) Date July 1, 2004 June 30, 2005 _Revision, Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS The Learning Connection 0.651 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Boys & Girls Club of Southwest County (909)699-1526 10. DESCRIPTION OF PROJECT: The Boys and Girls Club will provide before and after school programs to children of low/moderate income families. CDBG funds will be used to provide program scholarships. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) N/A. 12. ANTICIPATED ACCOMPLISHMENTS: Provision of service to 30 youth. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services $26,000.00 14. Totals $26,000.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $26,000.00 EXHIBIT C FILE: 0.652 Page 1 of 3 SPONSOR'S AGREEMENT Sponsor: CASA (Court Appointed Special Advocates) for Riverside County, Inc. Address: P.O. Box 3008, Indio, CA 92202 Project Title: CASA for Riverside County, Inc. Location: 44199 Monroe Street Description: Children determined by the Riverside County's Juvenile Counts to be abused, neglected or abandoned are assigned a community volunteer by CASA to investigate, monitor the delivery of service, and advocate for children in foster care. CDBG will be used to maintain current volunteers and to recruit/train 150 new volunteers which will increase the level of service throughout the county. Funds will pay for salaries/benefits (direct services), utilities, travel, and training supplies. Serves: 225 new children Project Requirements: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should no service be provided, submit the form indicating NO SERVICE. In addition, this is a multi funded project and will be administered by the Riverside County EDA as follows: Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance $7,000.00 10) Contingency Total CDBG Funding $7,000.00 CDBG Funding Sources: Fourth District $5,000.00 City: Temecula $2,000.00 Total Funding $7,000.00 EXHIBIT C Page 2 of 3 Timetable Implementation Schedule Program Services Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) April 30, 2005 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement FILE: 0.652 Start Date July 1, 2004 December 3, 2004 Completion Date October 31, 2004 January 31, 2005 July 31, 2005 June 1, 2005 Program Services Complete June 30, 2005 EXHIBIT C Page 3 of 3 FILE: 0.652 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside 2. APPLICATION/GRANT NUMBER PROJECT SUMMARY B-04-UC-06-0506 3. PERIOD OF APPLICABILITY FROM TO 4. X Original (each year) _Revision, Date July 1, 2004 June 30, 2005 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS CASA for Riverside County, Inc. 0.652 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER CASA (Court Appointed Special Advocates) (760) 863-7425 for Riverside County, Inc. 10. DESCRIPTION OF PROJECT: Children determined by the Riverside County's Juvenile Counts to be abused, neglected or abandoned are assigned a community volunteer by CASA to investigate, monitor the delivery of service, and advocate for children in foster care. CDBG will be used to maintain current volunteers and to recruit/train 150 new volunteers which will increase the level of service throughout the county. Funds will pay for salaries/benefits (direct services), utilities, travel, and training supplies. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(A) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Train and recruit 150 new volunteers. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services $7,000.00 14. Totals $7,000.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $7,000.00 EXHIBIT D Page 1 of 3 SPONSOR'S AGREEMENT Sponsor: Riverside Area Rape Crisis Center FILE: 0.655 Address: 1485 Spruce Street, Ste. C, Riverside, CA 92507 Project Title: Direct Services/Rape Prevention Education Location: City of Temecula Description: This program reaches the special population of abused children, elderly, handicapped, homeless, and victims of domestic violence. Direct services are provided 24-7 to rape survivors and their families. Services include the following: hospital admission/treatment, court and law enforcement, accompaniment, and advocacy. CDBG funds will be used to recruit new volunteers, salaries (direct service), rental, equipment, travel, utilities, supplies, and outreach materials. Project Requirements: This project serves limited clientele; therefore, the attached document for Direct Benefits needs to be completed and submitted to the County of Riverside Economic Development Agency on a monthly basis. Should no service be provided, submit the form indicating NO SERVICE. In addition, this is a multi funded project and will be administered by the Riverside County EDA as follows: Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency CDBG Funding Sources Second District $5,000.00 City: Temecula $4,000.00 Total Funding $9,000.00 $9,000.00 Total CDBG Funding $9,000.00 EXHIBIT D Page 2 of 3 Timetable Implementation Schedule Mi l oc+....e Program Services Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) April 30, 2005 Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement FILE: 0.655 C+ter+ i1�+o July 1, 2004 December 3, 2004 Completion Date October 31, 2004 January 31, 2005 July 31, 2005 June 1, 2005 Program Services Complete June 30, 2005 EXHIBIT D Page 3 of 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM FROM 1, 2004 PROJECT SUMMARY 3. PERIOD OF APPLICABILITY TO S. NAME OF PROJECT Direct Services/Rape Prevention Education June 30, 2005 FILE: 0.655 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-04-UC-06-0506 4. X Original (each year) _Revision, Date Amendment, Date 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS 0.655 Exempt B. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Riverside Area Rape Crisis Center (909)686-7273 10. DESCRIPTION OF PROJECT: This program reaches the special population of abused children, elderly, handicapped, homeless, and victims of domestic violence. Direct services are provided 24-7 to rape survivors and their families. These services include the following: hospital admission/treatment, court and law enforcement, accompaniment, and advocacy. CDBG funds will be used to recruit new volunteers, salaries (direct service), rental, equipment, travel, utilities, supplies, and outreach materials. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(A) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) N/A 12. ANTICIPATED ACCOMPLISHMENTS: Provision of service to train and recruit 40 volunteers. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services $9,000.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) S9 n00_DO EXHIBIT E Page I SUPPLEMENTAL AGREEMENT FILE: 1.TM 116 Sponsor: Alternatives to Domestic Violence (ADV) Address: P.O. Box 910, Riverside, CA 92502 Project Title: Services to Victims & Children of Domestic Violence Location: Shelter address remains undisclosed for client protection Description: ADV offers community prevention/education, early intervention, 24 hour crisis intervention, legal resources, and follow up services to victims and family members. CDBG funds will be used for salaries (direct services), rent, utilities, insurance, travel,equipment, and supplies. Current facility serves: 50-battered women,/75 children (3,600 bed nights). Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency Cost CDBG Approved TOTAL $10,000.00 $10,000.00 EXHIBIT E Page 2 Timetable Implementation Schedule Mi l oot..no (Option 1 - Public Service) Program Services Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement FILE: 1.TM116 Start Date Completion Date July 1, 2004 December 3, 2004 October 31, 2004 January 31, 2005 April 30, 2005 July 31, 2005 June 1, 2005 Program Services Complete June 30, 2005 EXHIBIT E Page 3 FILE: 1.TM116 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside 2. APPLICATION/GRANT NUMBER PROJECT SUMMARY B-04-UC-06-0506 3. PERIOD OF APPLICABILITY FROM TO 4. Y, Original (each year) _Revision, Date July 1, 2004 June 30, 2005 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Services to Victims & Children of Domestic Violence 1.TM116 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Alternatives to Domestic Violence (ADV) (909)320-1370 10. DESCRIPTION OF PROJECT: ADV offers community prevention/education, early intervention, 24 hour crisis intervention, legal resources, and follow up services to victims and family members. CDBG funds will be used for salaries (direct services), rent, utilities, insurance, travel,equipment, and supplies. Current facility serves: 50-battered women,/75 children (3,600 bed nights). ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(A) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Provision of services to family & victims of violence. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services 10,000.00 14. Totals $10.000.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $10,000.00 EXHIBIT F Page 1 SUPPLEMENTAL AGREEMENT Sponsor: Safe Alternatives for Everyone, Inc. Address: 30520 Rancho Ca. Rd., Ste. 107, PMB 117, Temecula, CA 92591 Project Title: Teen Connection FILE: I .TM 121 Location: 28816 Puiol Street, Temecula, with additional sites in the City of Temecula to be determined. Description: CDBG will be used to fund Project SAFE, a program committed to provide services for children, youth, and families who have experienced or are at risk of abuse or violence. Project Budget: Cost CDBG Approved 1) Architect/Engineer Design Costs $ $ 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency TOTAL $5,000.00 $5,000.00 EXHIBIT F Page 2 Timetable Implementation Schedule Milestone (Option 1 - Public Service) Program Services Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement FILE: 1.TM121 Start Date Completion Date July 1, 2004 December 3, 2004 October 31, 2004 January 31, 2005 April 30, 2005 July 31, 2005 June 1, 2005 Program Services Complete June 30, 2005 EXHIBIT F Page 3 FILE: 1.TM121 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROGRAM County of Riverside 2. APPLICATION/GRANT NUMBER PROJECT SUMMARY B-04-UC-06-0506 3. PERIOD OF APPLICABILITY FROM TO 4. X Original (each year) _Revision, Date July 1, 2004 June 30, 2005 Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Teen Connection 1.TM121 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Safe Alternatives for Everyone, Inc. (909)587-3900 10. DESCRIPTION OF PROJECT: CDBG will be used to fund Project SAFE, a program committed to provide services for children, youth, and families who have experienced or are at risk of abuse or violence. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Provide youth services for at risk children and families. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services $5,000.00 $5,000.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $5,000.00 EXHIBIT G Page 1 SUPPLEMENTAL AGREEMENT Sponsor: Temecula Senior Center Address: P.O. Box 987. Temecula CA 92593 Project Title: Emergency Food Purchase and Storage Location: 27537 Jefferson Ave., Temecula, CA 92590 FILE: 1.TM 122 Description: The Senior Citizen Service Center of Temecula Valley provides an emergency food program for individuals that are homeless, elderly, or a migrant farm worker. CDBG funds will be used for rent, supplies, equipment, and travel costs. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency Cost CDBG Approved TOTAL $10,000.00 $10,000.00 EXHIBIT G Page 2 Timetable Implementation Schedule (Option 1 - Public Service) Program Services Submit Quarterly Report (in accordance to sec, -ion 26 of Sponsor's Agreement) Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement FILE: 1.TM122 Start Date Completion Date July 1, 2004 December 3, 2004 October 31, 2004 January 31, 2005 April 30, 2005 July 31, 2005 June 1, 2005 Program Services Complete June 30, 2005 EXHIBIT G Page 3 U.S. DEPA RTMENT OF HOUSING AND URBAN DEVELOPMENT 1 ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY FROM TO July 1, 2004 June 30, 2005 FILE: 1.TM122 NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-04-UC-06-0506 4. X Original (each year) _Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Emergency Food Purchase and Storage 1.TM122 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Temecula Senior Center (909)676-5155 10. DESCRIPTION OF PROJECT: The Senior Citizen Service Center of Temecula Valley provides an emergency food program for individuals that are homeless, elderly, or a migrant farm worker. CDBG funds will be used for rent, supplies, equipment, and travel costs. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(A) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Provision of food program services to homeless, elderly and low -mod people. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services 1 14. Totals $10,000.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $10,000.00 EXHIBIT H Page I SUPPLEMENTAL AGREEMENT FILE: 1.TM 123 Sponsor: VNW Circle of Care Address: 41975 Winchester, Temecula, CA 92590 Project Title: Vineyard of the New Vine - Circle of Care Location: 41975 Winchester Rd., Temecula, CA 92590 Description: CDBG funds will be used to assist low income individuals with groceries, clothing, and household furniture. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency Cost TOTAL CDBG Approved $7,000.00 $7,000.00 EXHIBIT H Page 2 Timetable Implementation Schedule Mil_.+ --- (Option 1 - Public Service) Program Services Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement FILE: 1.TM123 Start Date Completion Date July 1, 2004 December 3, 2004 October 31, 2004 January 31, 2005 April 30, 2005 July 31, 2005 June 1, 2005 Program Services Complete June 30, 2005 EXHIBIT H Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY FROM TO July 1, 2004 June 30, 2005 FILE: 1.TM123 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-04-UC-06-0506 4. X Original (each year) _Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Vineyard of the New Vine - 1.TM123 Exempt Circle of Care 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER VNW Circle of Care (909)719-3911 10. DESCRIPTION OF PROJECT: CDBG funds will be used to assist low income individuals with groceries, clothing, and household furniture. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Provision of social services to approximately 100 low income residents. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services 7.000. 14. Totals $7,000.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $7,000.00 EXHIBIT I Page 1 Sponsor: Southwest Family YMCA Address: 26111 Ynez Rd., Ste. SUPPLEMENTAL AGREEMENT CA 92591 Project Title: YMCA Day Camp and Swim Lessons FILE: LTM124 Location: Nicolas Valley Elementary School, 39600 N. General Kearney, Temecula, CA 92591, Vintage Hills Description: Project consists of day camp activities for 150 children of the City of Temecula. CDBG funds will be used for scholarships for children from L/M income families. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency Cost CDBG Approved $7,500.00 TOTAL $7,500.00 EXHIBIT I Page 2 Timetable Implementation Schedule Milcetnno (Option 1 - Public Service) Program Services Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement FILE: 1.TM124 Start Date Completion Date July 1, 2004 December 3, 2004 October 31, 2004 January 31, 2005 April 30, 2005 July 31, 2005 June 1, 2005 Program Services Complete June 30, 2005 EXHIBIT I Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY FROM TO July 1, 2004 June 30, 2005 FILE: 1.TM124 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-04-UC-06-0506 4. X Original (each year) _Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS YMCA Day Camp and Swim Lessons 1.TM124 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Southwest Family YMCA (909)677-9622 10. DESCRIPTION OF PROJECT: Project consists of day camp activities for 150 children of the City of Temecula. CDBG funds will be used for scholarships for children from L/M income families. ELIGIBILITY: 570.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACTS)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS:Provision of recreational activities to approximately 60 low income youth. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services 7,500.00 14. Totals $7.500.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $7,500.00 EXHIBIT J Page 1 SUPPLEMENTAL AGREEMENT FILE: LTM125 Sponsor: Ronald McDonald House Address: 11365 Anderson Street, Loma Linda, CA 92354 Project Title: Loma Linda Ronald McDonald House Location: 11365 Anderson Street, Loma Linda, CA 92354 Description: The idea behind the Ronald McDonald House is to provide a "home away from home" for families of seriously ill children who are receiving treatment at nearby hospitals. Some children need to travel great distances to get the medical attention they need.In-hospital treatment may last one day, one year, or even longer. For the families of these children, accommodations can be hard to come by; options are limited to costly hotels or unforgiving hospital chairs and benches. The Ronald McDonald houseprovides a comfortable, supportive alternative for these families. It serves as a temporary residence near the medical facility where family members can eat, sleep, relax, and find support. CDBG funds will be used to help L/M income families access theservices offered by the Ronald McDonald House. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency Cost CDBG Approved $1,263.00 TOTAL $1,263.00 EXHIBIT J Page 2 Timetable Implementation Schedule Milestone (Option 1 - Public Service) Program Services Submit Quarterly Report (in accordance to section 26 of Sponsor's Agreement) Semi -Annual Monitoring Site Visit Submit Final Claim for Reimbursement FILE: 1.TM125 Start Date Completion Date July 1, 2004 December 3, 2004 October 31, 2004 January 31, 2005 April 30, 2005 July 31, 2005 June 1, 2005 Program Services Complete June 30, 2005 EXHIBIT J Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY FROM TO Julv 1, 2004 June 30, 2005 FILE: 1.TM125 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-04-UC-06-0506 4. X Original (each year) _Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Loma Linda Ronald McDonald House 1.TM125 Exempt 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER Ronald McDonald House (909)558-8300 10. DESCRIPTION OF PROJECT: The idea behind the Ronald McDonald House is to provide a "home away from home" for families of seriously ill children who are receiving treatment at nearby hospitals. Some children need to travel great distances to get the medical attention they need.In-hospital treatment may last one day, one year, or even longer. For the families of these children, accommodations can be hard to come by; options are limited to costly hotels or unforgiving hospital chairs and benches. The Ronald McDonald houseprovides a comfortable, supportive alternative for these families. It serves as a temporary residence near the medical facility where family members can eat, sleep, relax, and find support. CDBG funds will be used to help L/M income families access theservices offered by the Ronald McDonald House. ELIGIBILITY: 370.201 (e) BENEFIT: 570.208 (a)(2)(i)(B) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS: Provision of services to low mod youth. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Services $1 14. Totals $1,263.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $1,263.00 EXHIBIT K Page 1 SUPPLEMENTAL AGREEMENT FILE: I.TM126 Sponsor: City of Temecula - Community Services Department Address: P.O. Box 9033, Temecula, CA 92589 Project Title: Gymnasium-O]d Town Temecula Location: On First Street between Front and Puiol Street Description: The project consists of design and construction of a 6,800 square foot recreation facility in the old town area of Temecula. The facility will address the recreational needs of the L/M income area of the City. CDBG funds will be used for design andconstruction. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency Cost TOTAL CDBG Approved $203,332.00 $203,332.00 EXHIBIT K Page 2 Timetable Implementation Schedule Milestone (Option 2 - Public Facilities) Prepare Plans & Specifications Bid Documents & Review Bid Advertisement, Bid Review & Award Construction Notice of Completion FILE: 1.TM126 Start Date Completion Date July 1, 2004 November 1, 2004 December 2004 February 2005 March 2005 May 2005 June 2005 EXHIBIT K Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY FROM TO July 1, 2004 June 30, 2005 FILE: l.TM126 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-04-UC-06-0506 4. X Original (each year) _Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Gymnasium -Old Town Temecula 1.TM126 Categorically Excluded 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of Temecula - Community Services Department (909)694-6480 10. DESCRIPTION OF PROJECT: The project consists of design and construction of a 6,800 square foot recreation facility in the old town area of Temecula. The facility will address the recreational needs of the L/M income area of the City. CDBG funds will be used for design andconstruction. ELIGIBILITY: 570.201 (c) BENEFIT: 570.208 (a)(1)(i) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS:Design & construction of the 6800 sq ft recreation facility. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) Public Facilities $203,332.00 203,332.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $203,332.00 EXHIBIT L Page 1 SUPPLEMENTAL AGREEMENT FILE: I .TM 127 Sponsor: City of Temecula - Community Services Department Address: P.O. Box 9033, Temecula, CA 92589 Project Title: Temecula Community Center Expansion Location: 28816 Puiol Street, Temecula, CA Description: CDBG funds will be used for the design and construction of a 2,800 foot expansion to the existing Temecula Community Center. The expansion will include an office and additional meeting space. Project Budget: 1) Architect/Engineer Design Costs 2) Administration Costs 3) Planning Costs 4) Acquisition Costs 5) Construction Costs 6) Relocation Costs 7) Equipment Costs 8) Other Costs 9) Operation/Maintenance 10) Contingency Cost TOTAL CDBG Approved $206,730.00 $206,730.00 EXHIBIT L Page 2 Timetable Implementation Schedule (Option 2 - Public Facilities) Prepare Plans & Specifications Bid Documents & Review Bid Advertisement, Bid Review & Award Construction Notice of Completion Start Date FILE: 1.TM127 Completion Date July 1, 2004 December 2004 March 2005 November 1, 2004 February 2005 May 2005 June 2005 . t . EXHIBIT L Page 3 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM PROJECT SUMMARY 3. PERIOD OF APPLICABILITY FROM TO Julv 1, 2004 June FILE: 1.TM127 1. NAME OF APPLICANT County of Riverside 2. APPLICATION/GRANT NUMBER B-04-UC-06-0506 4. X Original (each year) _Revision, Date Amendment, Date 5. NAME OF PROJECT 6. PROJECT NUMBER 7. ENVIRONMENTAL REVIEW STATUS Temecula Community 1.TM127 Categorically Excluded Center Expansion 8. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT 9. TELEPHONE NUMBER City of Temecula - Community Services Department (909)694-6480 10. DESCRIPTION OF PROJECT: CDBG funds will be used for the design and construction of a 2,800 foot expansion to the existing Temecula Community Center. The expansion will include an office and additional meeting space. ELIGIBILITY: 570.201 (c) BENEFIT: 570.208 (a)(1)(i) 11. CENSUS TRACT(S)/ENUMERATION DISTRICT(S) 12. ANTICIPATED ACCOMPLISHMENTS:Construction & design of 2800 sq ft expansion of Temecula senior center. 13. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS(in thousands of $) (List component activities using names CDBG OTHER of activities shown in Part A, COST Low/Mod Other Amount Source SUMMARY, Form HUD-7067.) Benefit Benefit (a) (b) (c) (d) (e) es 206,730.00 14. Totals $206,730.00 15. Total Costs To Be Paid With Community Development Grant Funds (Sum of Columns b and c) $206,730.00 • � C Prohibition Against Conflicts of Interest EXHIBIT CI , page 1 of 4 § 570.611 Conflict of interest. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients (including those specified at § 570.204(c)), the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A 110, respectively, shall apply. (2) In all cases not governed by 24 CFR 85.36 and OMB Circular A-110, the provisions of this section shall apply. Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient, by its subrecipients, or to individuals, businesses and other private entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties or facilities pursuant to § 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to § 570-203, § 570.204 or § 570.455). (b) Conflicts prohibited. Except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, the general rule is that no persons described in paragraph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. For the UDAG program, the above restrictions shall apply to all activities that are a part of the UDAG project, and shall cover any such interest or benefit during, or at any time after, such person's tenure. (c) Persons covered. The paragraph (b) of this section apply to consultant, officer, or elected official or of any designated public agencies, or under this part. conflict of interest provisions of any person who is an employee, agent, or appointed official of the recipient, subrecipients which are receiving funds (d) Exceptions: threshold requirements. Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (b) of this section on a case -by -case basis when it determines that such an exception will serve to further the purposes of the Act and the effective and efficient administration of the recipient's program or project. An exception may be considered only after the recipient has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and Prohibition Against Conflicts of Interest EXHIBIT CI, page 2 of 4 (2) An opinion of the recipient's attorney that the interest for which the exception is sought would not Violate State or local law. (e) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the requirements of paragraph (d) of this section, HUD shall consider the cumulative effect of the following factors, where applicable: (1) whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project which would otherwise not be available; (2) Whether an opportunity was provided for open competitive bidding or negotiation; (3) Whether the person affected is a member of a group or class of low or moderate income persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (4) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (5) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (b) of this section; (6) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (7) Any other relevant considerations. Prohibition Against Conflicts of Interest Exhibit CI, page 3 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-11 (pg. 1 of 2) TOPIC: CONFLICT OF INTEREST CODED RIVERSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY DATE: October 1989 This Conflict of Interest Code is written to comply with Federal Regulations (24 CFR Part 85). These Regulations. "Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments" require that grantees and sub -grantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts. 1) No employee, officer or agent of the grantee shall participate in the selection, in the award or in the administration of a contract supported by Federal Funds if a conflict of interest, real or apparent, would be involved. 2) Such a conflict will arise when: i) The employee, officer or agent; ii) Any member of the immediate family; iii) His/Her partners, or; iv) An organization which employs, or is about to employ any of the above has a financial or other interest in the firm's selection for award. 3) The grantee's or sub -grantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to sub -agreements except as noted in Section 4. 4) A grantee's or sub -grantee's officers, employees or agents will be presumed to have a financial interest in a business if their financial interest exceeds the following: i) Any business entity in which the official has a direct or indirect investment worth one thousand dollars ($1,000) or more. ii) Any real property in which the official has a direct or indirect interest worth one thousand dollars ($1,000) or more. C 1. c TOPIC: DATE: CONFLICT OF INTEREST RIVERSIDE COUNTY ECONOMIC DEVELOPMENT October 1989 CODE AGENCY Prohibition Against Conflicts of Interest Exhibit CI, page 4 of 4 Community Dvlpmt. Block Grant Policy Manual I.D. # A-11 (pg. 2 of 2) iii) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the official within 12 months prior to the time when the decision is made. iv) Any business entity in which the official is a director, officer, partner, trustee, employee, or holds any position of management. v) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the official within 12 months prior to the time when the decision is made. 5) For purposes of Section 4, indirect investment or interest means any investment or interest owned by the spouse or dependent child of an official, by an agent on behalf of an official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or more. EXHIBIT "S", page 1 of 2 Economic Opportunities for Section 3 Residents and Section 3 Business Concerns Sec. 135.38 Section 3 clause. All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. EXHIBIT "S", page 2 of 2 E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also appliesto the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). ITEM 16 APPROVAL CITY ATTORNEY DIRECTOR OF FINAL CITY MANAGER i CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: John Pingel, Lieutenant DATE: July 27, 2004 SUBJECT: California Department of Justice — Drug & Alcohol Analysis PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council: 1. Authorize the City Manager to approve an additional expenditure of $20,000 from the Police Department budget to purchase services from the California Department of Justice for Drug & Alcohol analysis for Fiscal Year 2003-04. BACKGROUND: The City of Temecula has contracted all drug and alcohol testing with the California Department of Justice. These testing services are provided by the laboratories of the Bureau of Forensic Services and include analysis of blood and urine samples, breath alcohol testing utilizing the intoxilyzer breath instrument, administrative and logistical support of field breath alcohol tests. Also, this agreement provides staff training of certified breath test operators and consultation and expert testimony on the technical aspects of all analysis. Any test to determine levels of intoxication from drugs or alcohol that is conducted by a law enforcement agency within Temecula City limits is billed to the City by the California Department of Justice. Law enforcement agencies that may conduct these tests may include the Temecula Police Department, Murrieta Police Department, California Highway Patrol, and Riverside County Sheriff's Department. On July 1, 2001 an agreement between the City and the California Department of Justice was executed. During Fiscal Year 2003-04 annual drug and alcohol testing expenses have exceeded the $25,000 purchase limit of the City Manager. Therefore, it is necessary to authorize the additional expenditure of $20,000 for a total expenditure of $45,000 under this agreement. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2003-04 Police Department Operating Budget. 0.\PAPAMAGENOASOOI-81C Amlymi-Pinpcl Cx ITEM 17 APPROVAL CITY ATTORNEY DIR. OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: July 27, 2004 SUBJECT: Amendment to Sale Tax Audit Agreement Prepared by: Gus Papagolos, Fiscal Services Manager RECOMMENDATION: That the City Council: 1) Approve the Fifth Amendment to the Sales Tax Consulting Services and Recovery Agreement with Hinderliter De Llamas and Associates for $8,000. DISCUSSION: In the past the City has utilized Hinderliter De Llamas and Associates sales tax data and sales tax system to track and report this essential economic information. In addition, the City has contracted with Hinderliter De Llamas and Associates to perform sales tax audit and recovery services. Prior agreements have been amended four times. Sales tax audit and recovery requires a continuous effort to insure the City is credited with sales tax by the State Board of Equalization. Recent efforts have resulted in additional sales tax recovery for the City by Hinderliter De Llamas and Associates. As such, it is necessary to amend this agreement. Payments to Hinderliter De Llamas and Associates are based on a monthly fee of $350 and a 15% finder's fee for all new sales and/or use tax revenue received by the City as a result of audit and recovery work performed by the Consultant. Through this agreement the Consultant maintains sales tax and audit data bases which provide essential monthly and quarterly sales tax updates for the City. The consultant also contacts the businesses and State Board of Equalization to verify the accuracy of the sales tax reporting methodology and obtain the necessary documentation for the Board of Equalization, to modify allocation formulas, and to return sales tax revenue due to the City. This year's sales tax recovery by the Consultant is anticipated to be equal to last year's amount. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2003-04 Finance Department Consulting Operating Budget. Also, the City will receive additional sales tax revenue as a result of the Hinderliter De Llamas and Associates findings. Attachment: Fifth Amendment FIFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HINDERLITER DE LLAMAS & ASSOCIATES SALES TAX CONSULTING SERVICES & RECOVERY FEES THIS FOURTH AMENDMENT i s m ade a nd a ntered i nto a s of J my 27, 2004 by a nd between the City of Temecula, a municipal corporation ("City") and Hinderliter de Llamas & Associates ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On July 1, 2001 the City and Hinderliter de Llamas & Associates entered into that certain agreement entitled "City of Temecula Contract Agreement for Sales Tax Consulting & Recovery Fees Agreement'). B. On July 2, 2002 the agreement was amended to extend the term of the agreement to June 30, 2003. C. On April 3, 2003 the agreement was amended to increase the payment for services in the amount of Six Thousand Four Hundred Dollars and No Cents ($6,400.00). D. On September 4, 2003 the agreement was amended to extend the term of the to June 30, 2004, and to establish the annual not to exceed amount payment of Twenty-five Thousand Dollars and No Cents ($25,000.00) that was approved on April 3, 2003. E. On April 13, 2004 the agreement was amended to increase the payment and increase the payment for services by Twenty Five Thousand Dollars and No Cents ($25,000.00). F. The parties now desire to amend the Agreement and increase the G. payment for services by Eight Thousand Dollars ($8,000). 2. Section 4 Payment of the Agreement is hereby amended to read as follows: 4. Payment. a. The C ity a grees to p ay C onsultant monthly, i n a ccordance w ith t he 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 a ctual t ime s pent on t he a bove t asks. A ny t erms i n E xhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty E ight Thousand D ollars and No Cents ($58,000) for the total term of the Agreement unless additional payment is approved as provided by this Agreement. 3. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. P:\Finance\ContmctsA-L.Hindediter.SatesTax.FIN03-15.Amend3.2003 1 9/9/03 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: A31 Susan W. Jones, CMC, City Clerk Approved As to Form: go Peter M. Thorson, City Attorney CONTRACTOR: Hinderliter de Llamas & Associates Attn: Lloyd de Llamas 1340 Valley Vista Drive #200 Diamond Bar, CA 91765 Phone (909) 861-4335 Fax (909) 861-7726 AN NAME: TITLE: "IV �I_1Til�l TITLE: Two Signatures Required for Corporations" P:\Finance\ContractsA-LHindediter.5ates Tax.FIN03-15.Amend3.2003 1 9/9/03 "Attachment A" EXHIBIT B PAYMENT RATES AND SCHEDULE Payment shall not to exceed $25,000.00 which includes costs for monthly and quarterly updates and audit recovery work. Contractor shall establish the sales tax and audit data bases and shall provide the monthly and quarterly updates referenced above for a fee of $350.00 per month, invoiced quarterly. Consultant shall be further paid 15% of all new Sales and/or Use tax revenue received by the City as a result of audit and recovery work performed by the Consultant. Said percentage fee will apply to fund transfers received for back quarter reallocations and monies received in the first eight (8) consecutive reporting quarters following completion of the audit by the Consultant and confirmation of corrections by the State Board of Equalization. Consultant shall obtain City approval prior to beginning the work of correcting tax reporting methodology or "point of sale" for specific businesses where said payment of the percentage fee will be expected. Said approval shall be accomplished by the City Administrator or his designated representative on the Sales Tax Audit Authorization form. The City shall pay audit fees u pon Consultant's submittal of evidence of State Fund Transfers and payments to City from businesses identified in the audit and approved by the City. The above sum shall constitute full reimbursement to Consultant for all direct and indirect expenses incurred by Consultant in performing audits including the salaries of Consultants employees, and travel expenses connected with contacting local and out-of-state businesses and the State Board of Equalization representatives. P:\FinancelContractsA-L.Hindediter.Sates Tax. FIN03-15.Amend3.2003 1 919/03 TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT JULY 13, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:26 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Comerchero, Roberts, Stone, Washington ABSENT: 1 DIRECTORS: Naggar Also present were Assistant General Manager Jim O'Grady, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR E Minutes RECOMMENDATION: 1.1 Approve the minutes of June 22, 2004. — President Washington abstained. RECOMMENDATION: 2.1 Accept the completion of Children's Museum Exhibit Designs and Plans and Specifications, Project No. CSD02-0022 and authorize the City Clerk to file the Notice of Completion. 3 Tract Mao No. 26828 — RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. CSD 04-10 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL B, SERVICE LEVEL C, AND RAMinutes.csd\071304 SERVICE LEVEL D RATES AND CHARGES FOR TRACT MAP NOS. 26828-1, -2 AND FINAL BEGINNING FISCAL YEAR 2005- 2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH MOTION: Director Stone moved to approve Consent Calendar Item Nos. 1-3. The motion was seconded by Director Comerchero and electronic vote reflected unanimous approval with the exception of Director Naggar who was absent and President Washington who abstained on Item No. 1. DIRECTOR OF COMMUNITY SERVICES REPORT No comments. GENERAL MANAGER'S REPORT No comments. BOARD OF DIRECTORS' REPORTS No comments. ADJOURNMENT At 7:28 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, July 27, 2004, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, CMC City Clerk/District Secretary [SEAL] RAMinutes.csM071304 ITEM 2 CITY ATTORNEY DIRECTOR OF FII CITY MANAGER TEMECULA COMMUNITY SERVICES DISTRICT CITY OF TEMECULA AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman Parker, Director of Community Service DATE: July 27, 2004 SUBJECT: Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Project No. PW04-10CSD, Veteran's Memorial Project PREPARED BY//William Hughes, Director of Public Works/City Engineer Amer Attar, Principal Engineer RECOMMENDATION: That the Board of Directors approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit construction bids for Project No. PW04-10CSD, Veteran's Memorial Project. BACKGROUND: The Board of Directors of the Temecula Community Services District recently approved funding to construct the "Veteran's Memorial Project" or "Walk of Remembrance" at the Temecula Duck Pond. This memorial is to recognize and honor those who served our nation in the armed forces. The memorial design is titled "Letters Home" and the steps and wheelchair ramp leading to the memorial will be dedicated as the "Paths of Honor". The design conceptwas completed by the artist, Chris Pardell, and the City Council has previously approved a contract for that portion of the work with Mr. Pardell. The work to be advertised for construction bids include grading the site, constructing the wall, the steps, and the landscaping and irrigation, and installing the necessary utilities and the lights. The artist work, including the art piece, the letters, and the engraved pavers, will be coordinated with this construction. The Plans, Specifications and Contract Documents for this work have been completed and the project is ready to be advertised for construction bids. They are available for review in the City Engineer's office. The Engineer's estimate for this project is $350,000. FISCAL IMPACT: The Veteran's Memorial Project is a Capital Improvement Project funded through Capital Reserves and Development Impact Fees —Open Space & Art for Fiscal Year 2004- 2005. ATTACHMENT: 1. Location Map 2. Project Description r1agdrpt\2002\0423\pw02-05 bid/AJP W 9 I a K tr C C .. CEO rr U va 99 (A 0 ob 0 0 N W O N r 0 0 N b O O O N O O 0 � o v vri m Nm 69 69 69 O � adi A M � es y C O w y 0 b o U O w o d � u 0 a CCF d AE~ wv°, N ITEM 3 CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: July 27, 2004 SUBJECT: Acceptance of Landscape Bonds and Agreements for Tract Map No. 29133 PREPARED BY: Barbara Smith, Management Analyst �A6 RECOMMENDATION: That the Board of Directors: Accept the agreement and surety bonds from Gallery Traditions Partners, LLC to improve the perimeter slopes and parkways along Ynez Road and Open Space Lot 9 within Tract Map No. 29133. BACKGROUND: Pursuant to the conditions of approval for Tract Map No. 29133, Gallery Traditions Partners, LLC is proposing to improve certain perimeter slopes and landscaped parkways adjacent to Ynez Road, as well as Open Space Lot 9. Once the landscaping is installed and the Temecula Community Services District (TCSD) has approved these landscaped areas TCSD will take over the maintenance responsibilities of the proposed landscaped improvements within Tract Map No. 29133. To insure that the slopes/parkways and Open Space Lot are constructed to City standards, the developer is required to post securities to improve these areas based upon the approved landscape/irrigation plans and the certified construction cost estimates forthe improvements. As of this date, the final landscape plans for the parkway along Ynez Road and Open Space Lot 9 have been tentatively approved. Since these plans do not have a final approval, TCSD has agreed to accept the bonds in the amount of 110% of the estimated landscape/irrigation improvement costs for these two areas. As a result, Gallery Traditions Partners, LLC has entered into an agreement with the City and has provided surety bonds, issued by Developers Surety and Indemnity Company, as follows: Slopes and Parkway Landscaping Along Ynez Road and Open Space Lot 9• 1. Faithful Performance Bond No. 834043S in the amount of $79,409.00. 2. Labor and Materials Bond No. 834043S in the amount of $39,705.00. 3. Warranty Bond No. 834043S in the amount of $7,941.00. Risr ithb\Bonds\Staff Tract 29133 Bonds.dm Upon completion and acceptance of the improvements by the Board of Directors, staff will recommend the appropriate release or reduction of the bonds. FISCAL IMPACT: None. The cost of construction forthe perimeter slope areas and open space will be borne by the developer. ATTACHMENTS: Vicinity Map Project Map Agreement/Bonds. R:\smifib\Bonds\Staff Tact 29133 Bonds.dm Tract 29133 Vicinity Map May 2, 2003 300 0 300 600 Feet r A rlgisUcellilamviewpmjects1tr29133_smith.apr 85/02/2883 14:15 9893699043 PAGE 82 ` / / Bond No.: 834043S Premium: 1,985.00 CITY OF TEMECULA PARKLAND/LANDSCAPE FAITHFUL PERFORMANCE BOND WHEREAS, the City of Temecula, State of California, andGallery Traditions Partners, LLC (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated June 10 2004 , and identified as Project CSD 03-OOXX (Project Description ie: Rancho California Landscaped Median), 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 and NOW, THEREFORE, we the Principal and as surety, are held Indemnify ompany and firmly bound unto the City of Temecula, California, in the penal sum of Seventy -Nine T„jiousand, FourHundred Nine and No/100 Dollars aa_7-9 , 4 99.00 , lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to 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 Bond No. 834043S 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. w IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 15, , 2004 481' "11 Developers Surety And Indemnity Company BY: Rolf A. Neuschaefer (NAME) Attorney -in -Fact (TITLE) APPROVED AS TO FORM: Peter Thorsen City Attorney Gallery Traditions Partners, LLC A California Limited Liability Company BY: Gallery Homes, LLC, A &f2€o€M:aa 1 to i((a��iy npany Member Richard D. Hause) rManaging Member (TITLE) CR Shore, LLC, A California Limited BY:Liability Companv. Member (NAME) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 1975. IRVINE. ('A 92623 (949) 263-1300 KNOW ALL MEN BY TI IESE PRESENTS, Ihnt except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute 'gild appoint: ***Steven C. Harris, Rolf A. Neuschaefer, jointly or severally*** as their true and lawful Aumney(s)-in-Fact. to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and Crn1tRICIS of Suretyship giving and granting unto said Aninncy(s)-in-Fact full power and authority to do and to pet form every act necessary. requisite or proper to he done in connection therewith as each of said curporolions could do, but rascrvin@ to COCII Of Said corporations fall power of .substitution and revocation, and all of the acts of said AOoI'ncy(s)-in-Fact, punuanl 10 these presents, arc hereby mlilied 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 OF CALIFORNIA. effective as of November I, 2000: RESOLVED. that the Chairman of the Board, the President and any Vice President of the corporation be, and (hat each of them herchy is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute. On behalf of the corporations, honds. undertakings :ad contracts of sure(yship; and that the Secretary m any .Assistant Secretary of the corporations be, and each of them hereby is, nuthaized to attest the execution of any such Power of Attorney: RESOLVED. FURTHER. That the SignalureS Of SUCK officers m;ry be affixed to any such Power of Anoincy or to any ceilificate rehiring thereto by facsimile. and any such Power of Attorney Or ceitificale herring such facsimile sienaluics shall be valid and hinding upon the corporation when so affixed and in the torture with respect to any bond. Undertaking Or contract of sactyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY ('OMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Ist day of October. 2003. LI By: David H. Rhodes. Executive Vice -President Q-ESq..AN� ..... '•, pOMPPp yOF yJ .4pPP OR4Ti�` .'li�- ti =ppP AgTR` y' 10 in'a OCT W 1967 y By Walter A. Crowell, secretaryE�j l,, 1936 is �2 cqy fF P�xP a= a w •.. ............ STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On October I, 2003, before me. Diane J. Kawata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names arc 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 entity upon behalf of which the persons acted, executed (he instrument. WITNESS my hand and official seal. "'NE J. KAWATA COMM. M 1334148 i Notary Public -California K �i 3@MyComnEx;aOa;JAN.8.200S ORANGE COUNTY Signature CERTIFICATE The undersigned, as Senior Vice -President. Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALI FOR NIA, does hereby certify that the foregoing Power of Attorney remains in fill 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 force as of the date of this Certificate. This C'enificate is exeCutcd in the City of Irvine California, the 15 dayof ,Tl,np .2004 Wesley W. Cowling enior Vice -President, Underwri 1 g ID-1380(Rev. 10103) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 6/15/04 Date personally appeared I ss. beforeme, Teresa Rea, Notary Public Nema arid The of O Roar (e.g.,'J a Doe, Notary Public') Rolf A. Neuschaefer IN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Warm subscribed to the within instrument and acknowledged to me that he/sUa/i executed the same in his/Larkheir authorized capacity0AX and that by his/lieJRmix signature(e) on the instrument the persona), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand an�eal. Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and couldprevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Parkland/Landscape Performance Bond Document Date: 6 / 15 / 04 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: Rolf A. Neuschaefer ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General A Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity ompany 019N 11e4orW Notary0.saxNdon-SM be Soto Rua., P.D. Box21 -Chateei CR9f31&2102•w.w.re9otalnoter,., Pmd. W. 5907 Reorder: Call Td Free 1AWa98e82r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 6/16/04 Data personally appeared I ss. before me, Teresa Rea, Notary Public Name and The of OXicer (e.g.,'Jane Ooa, Notary Public') Walter F. Niemann 1 .n Nonels) of Slgnega) ❑ personally known to me Y] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS hand and off' i Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this to= 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 —Tftle(s): ❑ Partner — ❑ Limited O General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 IM Nati Notary 0.s Uon • 9350 De Soto Ave., P.O. Box 24W • Gufoaai IA 9131121 • wxw.rallo,rehataryoig Pmtl. No. 5W7 Reo,fdal W Toll -Free 1-BWB75 7 .CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of 1C_ Ors_ ,ham ,aoay before me, personally appeared 2/�Q j d personally known to me -OR- ❑ proved to S _. K NOnare RCEROOWAm m ►1OWWPUeuocAUFORMA 3 RIVERSIDE COUNTY �+ MY Comm. Ems. Aug. 91, 2WO 4-6 n-/kAerccr Lk Se r me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. my hand aan official seal. � Y Icy 1 C,,Yv _?,cJ-x ----- ------------------------ 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: Lo,,-� scc�_ Document Date: W I p Dq Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 7—j Goo_r& D, Signer's Name: Individual Corporate Officer Partner Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: A ','/ Signer Is Representing: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Bond No.: 834043S Premium: Included in CITY OF TEMECULA PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WHEREAS, the City of Temecula, State of California, and Gallery Traditions Partners, LLC , (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated June 10 2004 and identified as Project CSD 03-OOXY (Project Description ie Landscaped Median on Rancho California Road), is hereby referred to and made a part hereof; and WHEREAS, 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 And NOW, THEREFORE, we the principal and Indemnity 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 Thirty —Nine Thousand, Seven Hundred Five and No/100 Dollars $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. CADocuments and Settings\Debbie\Local Settings\Temporary Intemet Files\OLK6\parkland landscape labor and materials bond.doc- I - Bond No.: 834043S 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 (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. CADocuments and Settings\Debbie\Local Settings\Temporary Internet Files\OLK6\puklmd landscape labor and materials bond.doo- 2 - Bond No.: 834043S IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 15 (Seal) SURETY Developers Surety And ndem i y Comp By:pny ( itle) APPROVED AS TO FORM: Peter Thorson, City Attorney 204 (Seal) Gallery Traditions Partners, LLC PRINCIPAL A California Limited Liability Company By: Gallery Homeq. LLC, A California Lim' d iabi ity ompany, Member B-(Name) Richard D. Hauser, Managing Member (Title) CR Shope, LLC, A California Limited Lia t o y, M er By: Walter F. Ni mann.,anaging Member (Name) (Title) CADocuments and Settings\Debbie\Local Settings\Temporary Internet Files\OLK6\parkland landscape Warranty Bond Ldoc POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 1972S, IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except its expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each, hereby make, constitute and appoint: ***Steven C. Harris, Rolf A. Neuschaefer, jointly or severally*** as their true and lawful Alto, ney(s)-in-Fact, to make. execute, deliver and neknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts Of suretyship giving and granting unto said Allo neyl.a)-in-Fact full power and authority to du and to pafurm every act necessary, 1CC Iisile or proper to be done in connection therewith as each of said CorporatinnS Could do. but reserving it, each ofsaid Corpoi Lions full power of substitution and evocation. and all of the acts of said AOorney(s)-in-Fact, pursuant to these presents, arc hereby ratified and contained. 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 OF CALIFORNIA. 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 ofthem hereby is, authorized nr execute Powers of Attorney. qualifying the attorney(s) named in the Powers of Altoney to execute. on behalf of the corporations, bonds, undertakings and contracts of suretyship: and III aI the Secretary or any Assistant Secretary ofthe corporations be, and each of them hereby is, authorized to attest the execution of any Such Power of Attorney: RESOLVED. FURTI IER, that the signaures of such officers Italy he affixed to any such Power of Attorney or la any certificate iclning fhaao by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in Ilse future with respect to any bond undertaking or contract of suretyship In 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 Presider and attested by their respective Secretary this I st day of October. 2003, By: rn•n. ,p�tV AND �;O., David H. Rhodes. Executive Vice -President , a OMPANVOF GOpP ORgTc1` yJ, 4�µPORgr�F�tiv e� OCT. `:<5 �31 2 ? OCT.S Ta 5d: 10 :rue By. 936 o2;v..'nw w 1967 02 cq</FOPN\P Walter A. Crowell. Secretary a .••':a1> ° a= STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On October I. 2003. before me, Diane J. Kawata, personally appeared David H. Rhodes and Walter 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 they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted executed the instrument. WITNESS my hand and official seal. p 9 DIANE J. KAWATA COMM. M 133a74 ����,, yy @My Notary Public - California (,/�(w^-� 3ORANGE COUNTYSignature Comm. Expires JAN. a, 2006 CERTIFICATE The undersigned as Senior Vice -President. Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in fill] force and has not been revoked, and fimhemtore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine. C'alifumia. the 15 day OrJune . 2004 Byp Wesley W. Cowling' enlor Vice -President, Underwri r g ID-1380(Rev. 10103) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 6/15/04 I as. before me, Teresa Rea, Notary Public Data Name and The of officer (ag..'Jam Doe, Notary PuNicl personally appeared Rolf A. Neuschaefer IN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(b) whose name(s) is/apex subscribed to the within instrument and acknowledged to me that he/shadhay executed the same in his/bEr/tbaix authorized capacityoeis), and that by his/her/toeu signature(s) on the instrument the person(s), or the entity upon behalf of which the persoril acted, executed the instrument. WITNESand and off' i Signature of Notary Public 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 Title or Type of Document: Parkland/Landscape Labor & Materials Bond Document Date: 6 / 15 / 04 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Rolf A. Neuschaefer ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General IN Affomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Developers Surety and Indemnity Company 01ell National Nafmy ABeoc4lfoa • 9350 De Scm Are., R.O. ere 2M • cmarevM, C 9131324 • wwn.natlonalmieryory Pmd. W. 5907 Reader call Toi 1d T6992) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 6/16/04 Date personally appeared before me, I ss. Teresa Rea, Notary Public Nana and Tib of Officer (e.g. 'Jane Don, Notary PuNicj Walter F. Niemann 1 ,n ❑ personally known to me %] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES=d office Sgnalure of Notary Public OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this loam 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 Tap of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑Limited ❑General ❑ Attomeyin•Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1909 Natbrel Notary Acocclaton • 935o De Sob Ave., P.O. Box 2402 • Chaweo,lh, CA 91313-2do2 • wxw.regorelmtary.o0 Prod. No. 5907 Reorder. Cell Tal-Flee 1-BOP97& 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of On Y1e , ;LOa ` j before me p y } tt nn ` �� Na, personally appeared c v� r dt ttGlA, S e 1, .E personally known to me -OR- ❑ proved to NORTON-MERCER;rV70M. COMK nsrmre�NER3IDEWUN 1�uy Comm Eq. Aug. ai, zoos bk Doe, me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS seal. OPTIONAL----- ---------- —----- ------------------ Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 1 1 tq� p� Title or Type of Document: �qr K 1a rt c`� LCVY c SCc1,Ze Laz r e A.—t4e ljs �r1GV �a4� Document Date: 6.> Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) S Signer's Name: Z C� 1CafY I J, u.Sr Signer's Name: Individual Corporate Officer Titles(s): Partner - 9 Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Bond No.: 834043S Premium: Included in Performance Bond CITY OF TEMECULA PARKLAND/LANDSCAPE WARRANTY BOND WHEREAS, the City of Temecula, State of California (hereinafter designated as "City"), Gallery Traditions Partners, LLC and (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, which said Agreement, dated June 10 2004 and identified as Project CSD 03-010'Y (Project Description ie: Landscaped Median on Rancho California Road) is hereby referred to and made a part hereof; and WHEREAS, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following 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; Developers Surety And NOW, THEREFORE, we the Principal and Indemnity Company as surety, are held and firmly bound unto the City of Temecula, California, in the penal sum of Seven Thousand Nine Hundred Forty —One and No/100 Dollars $ 7 , 941.00 , lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to 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. C:\Documents and Settings\Debbie\Local Settings\Temporary Internet Files\OLK6\parkland landscape Warranty Bond Ldoc Bond No.: 834043S 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 to the work or to the specifications. C:\Documents and Settings\Debbie\Local Settings\Temporary Internet Files\OLK6\parkland landscape Warranty Bond Ldoc Bond No.: 834043S IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on June 15 (Seal) 2004 (Seal) Developers Surety And SURETY Indemnity Company PRINCIPAL Gallery Traditions Partners, LLC By: By: A California Limited Liability Company Rolf A. Neuschaefer By: Gallery Homes, LLC, A California Limited (Name) MD111tNpany em er Rlc�ULv 1}A auser Managing Membe; Atterae3 n-Fact ///� , (Title) (Title) CR Shore, LLC, A California Limited By: Liability Company, Member (Name) Walter F. Niemann, Managing Member (Title) APPROVED AS TO FORM: Peter Thorson, City Attorney CADocutnents and Settings\Debbie\Local Settings\Temporary Internet Files\OLK6\parkland landscape labor and materials bond.doc- 3 - POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 197'25. IRVINE,(A 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALI FOR NIA. do each, hereby make. constitute and appoint: ***Steven C. Harris, Rolf A. Neuschaefer, jointly or severally*** as their if and lawful Anorney(s)-in-Fact, to make, execute, deliver and acknowledge, fbr and on behalfof said corporal ions, as sureties, bonds, undertakings and Coil In lets of suretyship giving and granting unto said Alnnncy(s)-in-Fact Its II power and authority In do and to PCI lot In every act necessary, requisite or proper to he Clone in connection therewith as each of said corporations could do, bill Iescrving to each of said empurations rulI power' of substitution and revocation, and all of the acts of said Auorncy(s)-in-Fact. pursuant to these presents. Of hcrchy nuificd kind conlirined. This Power of Attorney is granted and is signed by facsimile under and by authority of the tot lowing resolutions adopted by the respective Bond of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CA LIFORN IA, effective as of November I. 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation he, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the aIlorney(s) named in the Powers of Allomey to execute. on Fella If of the corporations, bonds, undertakings and contracts of suretyship: and Ihat the Sect etaiy or orry Assistant Secretary ol(lie corporations be, and each of them hereby is, authorized to attest the execution of any Such Power of Attorney: RESOLVED. FURTI IER, that the signaures of such officers niny he affixed Io any such Power of Attorney or to any certificate relating thereto by facsimile, and:my such Power of Attorney or certificate hearing such facsimile signatures shall he valid and hind ing upon he corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship In 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 Secretory this Ist day of October. 2003, By: • ,•„„. „ David H. Rhodes. Executive Vice -President •"rt�"ANU.. 0 OMPANVO,o ;cyJi .."%P ORgrt.Fq�2i �GGOPPOgq R`p 'rcc OCT. E< 2 ? OCT.5 =fi y •, 10 c to c uJ 1967 O P ZO By. 1936 Waller A. Crowell. Secretary '2; •.,. /DwA ;der' oZ q</FOPS a STATE OF CALIFORNIA ) )SS. COUNTYOFORANOE ) On October I. 2003. before Inc. Diane J. Kawata, personally appeared David H. Rhodes and Walter 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 file that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. DIANE J. NAWATA COMM. a 1334746 Q Notary Public - TA niaORANGE COUNr t7 Signature My Comm. Expires JAN. 8. 2oall CERTIFICATE The undersigned as Senior Vice -President. Underwriting 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 force as of the date of this Certificate. This Certificate is executed in the City of Irvine. California, the 15 day of June . 2004 By Wesley W. Cowling' enior Vice -President, Underwri IT ID- 1380(Rev. 10103) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 6/15/04 personally appeared _before me, Teresa Rea, Notary Public Name anci Title of 011icer (e.g, -Jane Doe, Notary Pudic') Rolf A. Neuschaefer TERESA REA Cq you N W16938 i H,tay glplc - California s panp9 County F,pY9yNigr1470U7 Names) of Signerfs) X1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(so whose name(s) is/aver subscribed to the within instrument and acknowledged to me that he/stmddmy executed the same in his/baa/ffiaix authorized capacityRZ), and that by his/baftheix signature(s) on the instrument the person(s), or the entity upon behalf of which the personN) acted, executed the instrument. WITNESand official Signature of Notary Poetic OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this torn to another document. Description of Attached Document Title or Type of Document: Parkland/Landscape Warranty Bond Document Date: 6 / 15 / 04 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Rolf A. Neuschaefer ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General 11 Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity ompany 0 19e9 National Notary Aesodatbn • 9350 De Soto Ave., P.O. Box 2402 • Cinnamon, CA 91313-2d • wwx.neibnelraiaryory PmE. W. 5907 R ado : Call Tall -Free 1A009)8692] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California a ss. Oran County of B On 6/16/04 beforeme, Teresa Rea, Notary Publi personally appeared Walter F r er Name oM Me of Off., (..,.,'Jane Doe, Notary PuW") Name(s) of Sipeos) ❑ personally known to me (X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS h d n/dofficial seal. Sgnature of Notary PWIic 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 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 ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 Naboral Notary Aesoda • 9M) De Soto A... P.O. Do. 2402 • Chahmot1h, CA 9131124 •...WnWr b,..or, Pr . No. 5407 Heatler. Cell TO -Free 1-900e78 7 -CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ` State of ` ' 1 I p r County of On �JL 12C <31 , 9_aa� before me, Name and Titl o personally appeared tLj CV16, (a L,) personally known to me -OR- ❑ proved to 6K NORTON-MERCER 19 S COMM.N3728" NOTARY PUBUC.G LJFORNIA y RIVERSIDE COUNTY My Comm. E* Aug. 31, 2088 r M! me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. my hand apd official seal. ------ ----------- -- 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: 1ca,� k Document Date: lick yl2 i b y Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed byppSigner(s) Signer's Name: �j c�a`rc 1 D• 1 K� � � r� Signer's Name: ❑ Individual ❑ Corporate Officer rEleTitles(s): Partner - Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Ed ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee G ❑ Guardian or Conservator ■ ❑ Other: Signer Is Representing: CITY OF TEMECULA PARKLAND / LANDSCAPE IMPROVEMENT AGREEMENT DATE OF AGREEMENT: June 29, 2004 NAME OF SU to as NAME OF SUBDIVISION: Gallery Traditions (Referred to as "SUBDIVIDER") TRACT NO.: 29133 TENTATIVE MAP RESOLUTION OF APPROVAL NO.: (Referred to as "Resolution of Approval') PARKLAND IMPROVEMENT PLANS NO.: ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS: $79,409.00 COMPLETION DATE: March 31, 2005 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: Insco-Dico — Bond #834043S NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: Insco-Dico — Bond #834043S NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: Insco-Dico — Bond #834043S C:\Documents and Settings\Debbie\My Documents\Gallery Tladitions 7 & 8\Bonds\Landscaping Bond Agreement 4-29- 04.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 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 CADocuments and SettingsTebbieVdy Documents\Gallery -7aditions 7 & Monds\Landscaping Bond Agreement 4-29- 04.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 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 C:\Documents and Settings\DebbieNy Dowments\Gallery 73aditions 7 & Mondslandscaping Bond Agreement 4-29- 04.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: 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 CADocuments and Settings\DebbieWy Documents\Gallery T4aditions 7 R 8\Bonds\Landsraping Bond Agreement 4-29- 04.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 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 C:\Documents and Settings\Debbieft Documents\Gallery 15aditions 7 & 8\Bonds\Landscaping Bond Agreement 4-29- 04.doc interests in real property shall be subject to a separate Agreement L=if,4 *111]uv 1971:?F7iNK01111ti7 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 CADocuments and Settings\DebbieNy Documents\Gallery 7Baditions 7 & MondsLLandscaping Bond Agreement 4-29- 04.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 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 C:\Documents and Settings\DebbieNy Documents\Gallery Traditions 7 & B\Bonds\Landscaping Bond Agreement 4-29- 04.doc 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 CADocuments and Settings\Debbieft Documents\Gallery -eadttions 7 & Mondslandscaping Bond Agreement 4-29- 04.doc 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 CA)ocuments and Settings\DebbieWy Documents\Gallery 19aditions 7 & MBondslandscaping Bond Agreement 4-29- 04.doc 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. Inlury 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 C:\Documents and Settings\DebbieNy Documents\Gallery i19ditions 7 & 8\Bonds\Landscaping Bond Agreement 4-29- 04.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'S failure to perform any other obligation under this Agreement. C:\Documents and Settings\DebbieNy Documents\Gallery Trfditions 7 & MondMi-andscaping Bond Agreement 4-29- 04.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 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. C:\Documents and Settings\DebbieWly Documents\Gallery f2ditions 7 & &\Bonds\Landscaping Bond Agreement 4-29- 04.doc 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 C:\Documents and Settings\DebbieNy Documents\Gallery ir(9ditions 7 & 8\Bonds\Landscaping Bond Agreement 4-29- 04.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 connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury 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 CADocuments and Settings0ebbieWly Documents\Gallery Tgditions 7 & MondsLLandscaping Bond Agreement 4-29- 04.doc 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 CADocuments and Settings\DebbieWy Documents\Gallery T03ditions 7 & 0\Bonds\Landscaping Bond Agreement 4-29- 04.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 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. CADocuments and settings\DebbieWy Documents\Gallery ieditions 7 & tl\Bonds\Landscaping Bond Agreement 4-29- 04.doc 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 3/31/06. 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 CADocuments and Settings\DebbieWly Documents\Gallery irpditions 7 & 8\Bonds\Landscaping Bond Agreement 4-29- 04.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 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: Gallery Traditions Partners, LLC 31618-1 Railroad Canyon Road Canyon Lake, CA 925878 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. C:\Documents and Settings\DebbieNy Documents\Gallery ieditions 7 & 8\Bonds\Landscaping Bond Agreement 4-29- 04.doc 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. C1Documents and Settings0ebbieVNy Documents\Gallery igditions 7 & Mondslandscaping Bond Agreement 4-29- 04.doc IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor. SUBDIV�R „ By: �lX( J in Name: Richard D. Hauser Title: Managing Member Name: Title: CITY OF TEMECULA Name: Title: (Proper Notarization of SUBDIVIDER'S signature is required and shall be attached) ATTEST: Susan W. Jones, CMC, City Clerk RECOMMENDED FOR APPROVAL: 21 22 Name: City Engineer Name: Director of Community Services APPROVED AS TO FORM: By: Peter Thorson City Attorney C:\Documents and Settings\DebbieWy Documents\Gallery g®ditions 7 & Monds%andscaping Bond Agreement 4-29- 04.doc ®® `O® THOMAS R. WERR ►ROJECTPUNHING / LANDSCAPE ARCHITECTURE Mr Michael Lanai P.O. Box 7284 March 21st 2003 Newport Beach Ca. 92860 TR. 29133 Bond Estimate ATTENTION: Michael Lanni For Landscape and Irrigation Dear Sir: CITY OF TEMECULA we have prepared the drawings for slope and site plantings on Tract No. 29133. The following information is provided for purposes of estimating the installation costs. The City has requested this information in order to arrive at bonding requirements. The total area to be covered is approximately 8,600 sq ft. The material and installation allocation are as follows Slopes- 4,600 sq. ft. Flat areas 4,000 sq ft. CLEANUP AND PREPARATION ........ 8,600 sq.ft.@ 05 $ 430 GROUND COVERS, irrigated ........8,600 sq.ft.@ 1.50 $ 12,900 IRRIGATION., slopes and level 8,600 sq.ft.@ 2.50 $ 21,500 24" Box Trees .................... 14 @ 250 $ 3,500 5 GAL. Trees and shrubs.......... 164@ 45 $ 14,760 1 GAL. Vines ..................... 350@ 15 $ 5,250 Bark mulch 8,600 sq ft, 8,600 1,00 $ 8,600 CONTROLLER AND CONNECTIONS $ 2,750 total $ 69,690 OVERHEAD AND INSTALLATION SERVICES $ 2,500 Walls and sidewalks are not included herein. TOTAL 72.190 The materials are listed on the attached plans. The scope of work includes: (A) Preparation of slopes and other areas to remove weeds and. trash for planting, fill, grading, Irrigation and all required works to completion. (9) The installation will involve standard soil preparation and repair where necessary, but will not involve deep preparation methods which may unduly loosen the slope surface or displace rocks. 3520 WATKINS DRIVE RIVERSIDE CAUFORNIA 92507 (909) 602-059 _—. __.... - --- •--.. - roew eir $A"- Pq2 (C) The areas shall be maintained by appropriate watering schedules for until accepted by the city of Temecula or their representative who shall then assume responsibility. (D) The planting shall begin at the time of completion of the finish grading of the lot on which the slope control plantings are required. (E) The project shall be completed prior to the sale the property to others and in no event more than 90 days following final grading, the construction of permanent structures, or the erection of dwellings on the site. (F) No construction and/or occupancy will be approved without the appropriate landscape and irrigation system in place where required. It is estimated that a performance bond in the amount of $ 72,190.00 plus a contingency will be required as a part of this project ( totaling $ 79,409 ) This figure does not include other fees other improvements or a surcharge which may be added at the time a final bond requirement is set by the City. It should be noted that minimal preparation should be performed on cut slopes and that plantings should be made in appropriate locations on the slopes where conditions warrant plant nutrient availability soils test will be required and must be followed. very Truly Yours, homas R. Webb Landscape Architect California Registration No. 187 For M. Lanni owner 2/2 COPY ExNi�ir"A"-�9� (C) The areas shall be maintained by appropriate watering schedules for until accepted by the City of Temecula or their representative who shall then assume responsibility. (D) The planting shall begin at the time of completion of the finish grading of the lot on which the slope control plantings are required. (E) The project shall be completed prior to the sale the property to others and in no event more than 90 days following final grading, the construction of permanent structures, or the erection of dwellings on the site. (F) No construction and/or occupancy will be approved without the appropriate landscape and irrigation system in place where required. It is estimated that a performance bond in the amount of $ 72,190.00 plus a contingency will be required as a part of this project ( totaling S 79,409 ) This figure does not include other fees other improvements or a surcharge which may be added at the time a final bond requirement is set by the City. It should be noted that minimal preparation should be performed on cut slopes and that plantings should be made in appropriate locations on the slopes where conditions warrant plant nutrient availability soils test will be required and must be followed. Very Truly Yours, R- ���_ Thomas R_ Nebb Landscape Architect California Registration No. 187 For M. Lanni owner 2/2 COPY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California / County of I //P%__zVe ss. On cY—elk l before me, Data , personally appeared ARRY cox CommUnDn X 1421277 40AWOMMOVIlliullillw3f Notary hAAc - CaNWMalOe omRCOLN* -. Mi (e.g..'Ja,n Doe, ❑ personally known to me /RT proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. my hand and official seal. 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 � / Title or Type of Document: f�/l 6O�/c /Ui/stQoF( /%P�iT c Document Date:_ V ' Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . e ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner —0Limited OGeneral ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01 MNa8pul Notary Aaswiaeoa-g DeS At ., P.O. eox24 'CM1a6 .CA g191&2GM•mw Mbcualm ,O,, PM.No. 507 ee0e0ar. Call Tdl-Free 1A 8766 7 ITEM 4 CITY ATTORNEY 71 DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Service DATE: July 27, 2004 SUBJECT: Japanese Garden at the Temecula Duck Pond PREPARED BY: ' Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: That the Board of Directors approve the conceptual master plan in its substantial form for the Nakayama Garden at the Temecula Duck Pond. DISCUSSION: At the request of Councilman Ron Roberts, staff has completed a conceptual master plan for a Japanese Garden. The Japanese Garden is proposed for installation at the Temecula Duck Pond. The Nakayama Garden has been planned in honor of the 10`" anniversary of our Sister City relationship with Nakayama, Japan. Funding for the project is approved and included in the City's 5-Year Capital Improvement Program. Staff has worked closely with Councilman Roberts and representatives from Nakayama to select the appropriate location and to develop a conceptual plan for the Japanese Garden. The Temecula Duck Pond was an ideal location due to the mature trees, the pond and water feature and the central location. It was important to our Japanese friends to incorporate the element of water into the design to represent our connection with the Pacific Ocean and to add interest to the garden. It was also very important to our Nakayama representatives to create a garden that was inviting and tranquil yet simple and sustainable. The garden will be located on the southwest side of the pond and will encompass approximately half an acre. The plan will incorporate the use of stones and boulders, a stone water fountain, which will be tied into the existing water fall, seating areas, additional flowering trees and shrubs and a memorial plaque. FISCAL IMPACT: This project is included in the City's Capital Improvement Program. A total of $110,000 has been allocated for the project. This includes the installation of the Nakayama Garden and the rehabilitation of the existing tree lighting around the Duck Pond Park. Attachment: Conceptual Landscape Plan Proposed Site Photograph RARARRJNGK\AGENDA.RPT\CC Japanese Garden 7-2004.doc Alin i VKI o, § ( / k � A\\\\\ ;■ease �2___/ s § \ k ] 2 j( § 30 ] \ \\ \ \ CL k }\\ © 4,�, \ \)) \ , ®aa a !%l - _ ]\/ r�s/ ƒ 5$/ )°. CD .% 2�± y k\ - j .: of ## u±� _ \ } 2_ � / ' c � ) § 0 wm ) \ ) ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FII CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: July 27, 2004 SUBJECT: Naming of Wolf Creek Park Site PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the Board of Directors approve the name 'Wolf Creek Park' for a 6 acre park site in the Wolf Creek Development as recommended by the Community Services Commission. BACKGROUND: Wolf Creek is a large Specific Plan development in the southern part of the City east of Pechanga Parkway. As part of this project, the developer is conditioned to construct and dedicate a 6 acre neighborhood park to the City. The park will include age appropriate play areas; basketball court; small amphitheater; gazeboes; picnic areas; open turf area; restroom building; parking lot; benches; drinking fountains and walkways. Pursuant to City policy, the Community Services Commission forwards recommendations to the Board of Directors regarding the naming of the City's parks and recreation facilities. At their meeting July 12, 2004, the Commission approved a motion to recommend that the name 'Wolf Creek Park' be forwarded to the Board for this site. The Community Services Commission selected 'Wolf Creek Park' as the name for the 6 acre park site because the park is located within the Wolf Creek Development on Wolf Creek Drive. The Board may approve this name or select another name of their choice. FISCAL IMPACT: None ATTACHMENTS: Conceptual Master Plan List of Proposed Park Names Resolution No. CSD 92-08: Naming Parks and Recreation Facilities R:\McCart G\Agend Reports\Pad Namng Wolf Creek - BoardAee CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT PROPOSED PARK NAMES November 2003 The following is a list of names for various park sites within the City of Temecula. These names were compiled through a community wide park naming campaign, which requested residents of the City of Temecula to submit names for their local park sites to be constructed in the future. The Community Services Commission may select one of these names or another name of their choice, based on the geographical location of the park, a geological feature of the site, or they may name the facility after an individual that has made a significant contribution towards parks, recreation or community services in Temecula, or has played a vital role in the development of this community. Walter Vail Park Palomar Mountain Park Kit Carson Park Immigrant Trail Park Ramona Wolf Park Roripaugh Park Vineyard Park Palomino Park Santa Rosa Park Patricia H. Birdsall Park Ron Parks Park Toddler Park Tony Tobin Park Columbia Memorial Park Tuscany Hills Park Verde Valle Park Kingston Park Wine Country Park Jewel of Crowne Hill Park Kaiser Park Palomar Park Sunset Park Luiseno Park Cattleman Park Erle Stanley Gardner Park Wolf Valley Park Vaqueros Park Eve Craig Park Temecula Creek Park Mountain View Park Ronald Reagan Park City View Park Columbia Park President's Park Good Neighbor Park Fun City Park Pauba Meadows Park Pauba Park Grace Mellman Park UZIGLERG\LISTS\Park Names.doc RESOLUTION NO. CSD 92-08 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING A POLICY FOR NAMING PARKS AND RECREATION FACILITIES WHEREAS, on April 23, 1991, the Board of Directors (the 'Board") adopted a policy for naming parks and recreation facilities; and WHEREAS, the Community Services District and the Parks and Recreation Commission requests that the aforementioned policy be adopted by resolution; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the policy for naming parks and recreation facilities as set forth on Exhibit "A" is adopted establishing a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. PASSED, APPROVED AND ADOPTED this 8th day of September, 1992. /t�� Ronald J. Parks, President ATTEST: 0AL .Greek, City c) Rms CSD 92-08 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. CSD 92-08 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 8th day of September 1992 by the following roll call vote. AYES: 5 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 0 DIRECTORS: Raw, CSD 92-05 Birdsall, Moore, Lindemans, Munoz Parks, None None i ��'iaar��' 4�.�� Exhibit "A" TEMECULA COMMUNITY SERVICES DISTRICT Naming Parks and Recreation Facilities PURPOSE To establish a uniform policy and procedure that identifies criteria for the naming of parks and recreation facilities. POLICY The Park and Recreation Commission will be responsible for the selection of names for parks and recreation facilities. once a name is selected, it will be forwarded to the Board of Directors for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration. At a minimum, each park and community building will be designated a name. Naming of specific areas within a park (garden, swimming pool, lake, ballfield, etc.) is acceptable but should be kept to a minimum to avoid confusion. No park shall be given a name which might be perceived as controversial by the community. All names selected shall be acceptable and meaningful to a majority of the neighborhood/community where the park or recreation facility is located. Priority in naming sites shall be given to geographical locations, historic significance or geologic features. No park shall'be named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, or has been an outstanding long-time community leader who has supported open space and recreational activities. All park and recreation facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification. The name of a park or recreation facility may be changed only after a hearing is held by the commission to receive community input and direction. No name shall be changed unless there is significant justification and support by the community. RESPONSIBILITY ACTION Department 1. Acquires a new park or recreation facility. 2. Solicits possible names from community. 3. Forwards suggested names to the Parks and Recreation Commission for consideration. Parks and 4. Receives any additional community input. Recreation Commission S. Selects a name for the new park or recreation facility. 6. Forwards name to City Council for ratification. Department 7. Installs the appropriate naming sign or plaque. TCSD DEPARTMENTAL REPORT APPROVAL�'� CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Service DATE: July 27, 2004 SUBJECT: Departmental Report PREPARED BY: Gail L. Zigler, Administrative Secretary Harveston Community Park is located in the Harveston Development, a large Specific Plan development in the northern part of the City east of Interstate 15. The park site will include two dedicated full size lighted soccer fields; 2 lighted ball field with 90' bases; age appropriate play areas; a group picnic area; community building; restroom/concession/maintenance building; parking with approximately 300 spaces; benches; tables; drinking fountains and walkways. This park site is progressing well in the construction phase and is scheduled for completion in October of 2004. RHA Landscape Architects has prepared the construction documents for the improvements to Vail Ranch Park Site "C" Pablo Apis Park adjacent to Pauba Elementary School. This project is identified in this year's CIP. The new amenities will include a tot lot, picnic shelter, tables, benches and walkways. A contract for the construction project was awarded on May 11, 2004. Staff anticipates construction will begin in the next 30 days. The conceptual Master Plan for the Wolf Creek Sports Complex is complete. The 43 acre park will offer parking, restroom/concession buildings, maintenance building, four lighted basketball courts, four lighted soccer and four lighted softball/baseball fields, tot play equipment, picnic areas and walkways. This project is currently in final plan check and staff anticipates this project will go out to bid in 30 days. A Ground Breaking Ceremony for the Veteran's Memorial was held on July 4, 2004. The artist is currently working on the bronze sculptor. Staff anticipates construction to begin on the hardscape in the next 30 days. It is anticipated this project will be complete in November 2004. On October 28, 2003, the City of Temecula was awarded the library grant application in the amount of $8,500,000. A kick-off meeting has been scheduled with the State and City staff. The design development packet was submitted to the Office of Library Construction. Plans are currently being reviewed by DSA. In addition, staff has been meeting with representatives from the Friends of the R?ZIGLERG\XDEPTRP'R0704.doc Library discussing donor opportunities in the new library. The entire design committee has convened to discuss donor opportunities and furnishing. The Erle Stanley Gardner exhibit at the Temecula Valley History Museum is currently in plan check. This project recreates Erle Stanley Gardner's office in his Temecula residence known as Rancho Del Pisano. The exhibit area will also include other Erle Stanley Gardner artifacts and memorabilia. The Imagination Workshop Temecula Children's Museum dedication was held on Friday, June 25 and the grand opening was held on Saturday, June 26. The facility has been well received by the community. The Imagination Workshop Temecula Children's Museum is currently open 7 days a week. The Development Services Division continues to participate in the development review for projects within the City including Wolf Creek, Roripaugh, Villages of Old Town and Harveston, as well as overseeing the development of parks and recreation facilities, and the contract for refuse and recycling, cable television services and assessment administration. The Maintenance Division continues to oversee the maintenance of all City parks and facilities, and assist in all aspects of Citywide special events. The Recreation Division completed and distributed the 2004 Summer/Fall Guide to Leisure Activities. Summer aquatic programs, Summer Day Camp, the S.M.A.R.T. program and the Summer Sunsets Film and Concert Series are currently underway. R:210LERGUCDEPTRP1)0704.doc REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY JULY 13, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:28 P.M., in the City Council Chambers, 43200 Business Park Drive, and Temecula. ROLL CALL PRESENT: 4 AGENCY MEMBERS Roberts, Stone, Washington, Stone ABSENT: 1 AGENCY MEMBERS: Naggar 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 June 22, 2004. — Agency Member Washington abstained. 2 Agreement between Melody's Ad Works and the Redevelopment Agency RECOMMENDATION: 2.1 Approve an agreement with Melody's Ad Works for promoting and marketing Special Events in Old town. MOTION: Agency Member Stone moved to approve Consent Calendar Item Nos. 1-2. The motion was seconded by Agency Member Washington and electronic vote reflected approval with the exception of Agency Member Naggar who was absent and Agency Member Washington who abstained on Item No. 1. EXECUTIVE DIRECTOR'S REPORT No comments. AGENCY MEMBERS' REPORTS No comments. RMAinutes.rda\071304 1 ADJOURNMENT At 7:29 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 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] RAMinutes. rda\071304 ITEM 2 APPROVAL nn CITY ATTORNEY /J�L� DIRECTOR OF FINTCE CITY MANAGER (�J, CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Members of the Redevelopment Agency Executive Director FROM: Jim O'Grady, Assistant City Manag� DATE: July 27, 2004 SUBJECT: Extension of Permit and Construction Schedules as provided by Owner Participation Agreement with Advanced Cardiovascular Systems, Inc., a Subsidiary of the Guidant Corporation RECOMMENDATION: That the Temecula Redevelopment Agency authorize the Executive Director to approve an extension of performance dates for issuance of building permits and certificate of occupancy as outlined in a letter from Guidant dated July 13, 2004. BACKGROUND: In February of 2002, the Agency entered into an Owner Participation Agreement (OPA) with Guidant. This Agreement provided for the Agency to participate in certain public improvement costs as well as sharing of new tax increment funds as an inducement for Guidant to provide for corporate expansion in Temecula. Since that date, Guidant has made efforts to bring a new drug -coated stent to the medical market. However this product has not met Guidant's internal performance or quality standards as noted in the letter from Ken Carlisle dated July 13, 2004. As a result, Guidant's decision regarding corporate expansion has been delayed. The OPA provides that if Guidant does not proceed with this expansion within specified time periods, the City may terminate the OPA. The OPA further allows the Executive Director to extend dates for performance in writing. Guidant has requested that the date for obtaining a building permit be moved from January 1, 2005 as provided in the OPA to a new date of January 2, 2006. Guidant has further requested that the date for obtaining a certificate of occupancy be moved from June 30, 2006 to a new date of July 2, 2007. RECOMMENDATION: Staff has reviewed this request, and recommends that the Agency authorize the Executive Director to approve the requested extension of dates by written document as approved by the City Attorney as to form. The Economic Development subcommittee members of Mayor Pro Tern Comerchero and Councilmember Roberts have also expressed their support for this request. Y:\GUIDANT\Guidant OPA Amendment Agency Report, 7-27-04.docl FISCAL IMPACT: proposed extension. ATTACHMENT: There is no significant fiscal impact associated with approving the Letter from Ken Carlisle dated July 13, 2004 Y:\GU I DANT\Guidant OPA Amendment Agency Report, 7-27-04.dbcl [moll ■�7eV►�r Via Federal Express Return Receipt Requested July 13, 2004 Redevelopment Agency of the City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589-9033 Attn.: Executive Director Re: Owner Participation Agreement Between the Redevelopment Agency of the City of Temecula and Advanced Cardiovascular Systems, Inc. Dear Mr. Nelson: The purpose of this correspondence is to request an extension of certain time periods under the Owner Participation Agreement ("Agreement") between the Redevelopment Agency of the City of Temecula ("Agency") and Advanced Cardiovascular Systems, Inc. , a subsidiary of Guidant Corporation (identified herein as "ACS"—or "Guidant"). The Agreement was approved by Agency Resolution No. RDA 02-02. The Agency has the right to terminate the Agreement if building permits for "Phase 1 Improvements" have not been issued by January 1, 2005, and if a certificate of occupancy for such improvements has not been issued by June 30, 2006. (Sections 5.7(B)(3) and (B)(4).)t The Agreement also provides that times for performance may be extended in writing by the mutual agreement of the Agency's Executive Director and ACS or its designated representative. (Section 4.2(C).) In particular, the Executive t `Phase 1 Improvements" are defined as building(s) on the site with at least ninety thousand (90,000) square feet of gross area. (Section 3.2(A)(2).) (All section references in this letter are to the Agreement.) Guldant Corporation 3200 Lakeside Drive, Santa Clara, CA 95054-2807 Tel 408.845.3000 Fax 408.845.3987 www.guldant.00m Redevelopment Agency of the City of Temecula Attn.: Executive Director July 13, 2004 Page 2 Director may extend the time for ACS to obtain building permits upon the request of ACS, and upon his determination that economic conditions for the medical device industry are such that a reasonable chief executive officer of such a company would not undertake expansion. (Section 5.7(B)(3).) As I have discussed with City officials, a decision by ACS on whether to move forward with major improvements in Temecula is related in part to progress in its lead drug eluting stent program, the CHAMPIONTm Everolimus Eluting Coronary Stent System. In late May, 2004, Guidant disclosed issues relating to the stainless steel stent platform of its CHAMPION Everolimus Eluting Coronary Stent System. The issues occurred in a limited number of stents implanted in preclinical studies. As a result, the stainless steel stent platform did not meet Guidant's internal performance or quality standards, leading Guidant to delay its regulatory filings for the product. After further testing and evaluation in recent weeks, Guidant has identified a combination of changes in material processing and stent design that improves the stainless steel stent platform and addresses performance and quality concerns. Improvements to the stainless steel stent platform and the refinement of manufacturing processes are expected to result in a six -to -eight month program delay, while Guidant completes these refinements and standard stent performance testing and validations. ACS requests that the date by which building permits are to be issued under Section 5.7(B)(3) be extended to and including January 2, 2006, and that the date by which a certificate of occupancy is to be issued under Section 5.7(B)(4) be extended to and including July 2, 2007. If you concur in extending the times for performance as described in this letter, please sign both originals below indicating the Agency's agreement, and return one fully executed original to the undersigned. The other original is for your records. Thank you for your cooperation in this matter. Very truly yours, / en Carlisle Vice President of Customer and Site Services Redevelopment Agency of the City of Temecula Attn.: Executive Director July 13, 2004 Page 3 On behalf of the Redevelopment Agency of the City of Temecula, and having determined that economic conditions so warrant, I agree that the date by which building permits are to be issued under Section 5.7(B)(3) is hereby extended to and including January 2, 2006, and that the date by which a certificate of occupancy is to be issued under Section 5.7(B)(4) is hereby extended to and including July 2, 2007. Date: Shawn Nelson Executive Director Redevelopment Agency of the City of Temecula Cc: Susan L. Walker, Esq. Michael R. Woods, Esq. Peter M. Thorson, Esq. m MIA ■ DEPARTMENTAL REPORT APPROVAL CITY ATTORNEY FINANCE DIRECTOF CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency FROM: �Meembers John Meyer, Redevelopment Director WJ'V UU �� DATE: July 27, 2004 SUBJECT: Monthly Departmental Report Attached for your information is the monthly report as of July 27, 2004 for the Redevelopment Department. First Time Homebuvers Program Funding in the amount of $100,000 is available for FY 04 —05. Residential Improvement Programs The program budget for FY 04-05 is $250,000, with $5,000 funded on 1 unit. Affordable Housing The Cottages of Old Town project consists of fourteen new single-family detached homes and three rehabilitated single-family homes located on Sixth Street. The Ribbon Cutting Ceremony and Tour was held on Monday, June 7. Fifteen of the seventeen Homeowners have moved in with the remaining two scheduled to move in sometime in July/August 2004. Habitat for Humanity Council entered into a Disposition and Development Agreement (DDA) with Habitat for Humanity on February 11, 2003 to develop a home -ownership project within the Pujol Neighborhood. The groundbreaking was held on July 26, 2003 The project located on the northwest corner of Pujol and First Streets, will consist of 6 new single-family detached homes. The houses are arranged along Pujol Street and a private lane. Habitat will be submitting final grading plans, street improvements and final map to Public Works for review. RASYERSK\MONTHLLY)iu1y04.doc Senior Housing Council entered into a Disposition and Development Agreement (DDA) on January 14, 2003 with Community for Better Housing (CBH) for a 66 unit affordable senior housing project on Pujol Street. The project will be two-story garden -style apartments and project amenities, which will include a community room and swimming pool. The project is nearing completion. Old Town Community Theater The bid opening was held on January 14. Council awarded the construction contract to Tovey/Shultz Construction, Inc. at the February 10, 2004 City Council meeting in the amount of $7,168,000. Construction has begun and should be completed in 14 months. Bally's Restaurant Council entered into a Disposition and Development Agreement (DDA) with Chris and Kim Baily on March 25, 2003 to develop a restaurant on the property located at Old Town Front and 2Id Street. The building will consist of casual and patio dining on the first floor with a fine dining restaurant on the second floor. Construction has begun and should be completed in the Fall 2004. Campus Project The Redevelopment Agency entered into a Disposition and Development Agreement with AGK Group, LLC, on March 16, 2004 to develop, construct and operate an educational facility. The facility will consist of mixed -income apartments, retail facilities, parking and participating college universities. The project should be completed in Fall of 2006. Facade Improvement/Non-Conforming Sign Program The following facade improvement/sign projects are in process or have recently been completed: • Hitching Post - Sign Program • Penfold Building - Sign Program - Completed • Homes Magazine - Sign Program — Completed RASYERS Kw10NTHLLn u1y04.doc Old Town Promotions/Marketing FRIDAY HOT SUMMER NIGHTS Friday Hot Summer Nights kicked off on Friday, July 9 in Old Town Temecula. The evening featured the country blues performers, Aunt Kizzy'z Boyz at the Country Porch, the Two of Us and the Mount San Jacinto Jazz Band. Friday, July 16, featured an evening of Bluegrass with performances by Silverado and Older than Dirt. Returning to the stage, Aunt Kizzy'z Boyz performed on Friday, July 23. Rocky Zharp and the Blues Crackers took the stage on Friday, July 30 in addition to the Two of Us. The events also included a midway of carnival games for the kids at the Wild Cactus parking lot. Children participated in pitching ping-pong balls and pennies, tag floating ducks and blow bubbles for prizes. The Froggy 92.9 party jump was also at the Wild Cactus. That unusually dressed and always entertaining clown Dynamite Dave created his balloon sensations every Friday evening from 6 p.m. to 9 p.m. Friday Hot Summer Nights will continue through August 27 headlining the Lost Canyon Rangers, Rocky Zharp & the Blues Crackers, Susie Glaze & 8 Hand String Band and the very popular Aunt Kizzy'z Boyz. Additional Old Town events will be held to include Temecula On -Stage, the Quilt Festival, Fall Rod Run, Howl-O-ween in Old Town, Erle Stanley Gardner and Christmas in Old Town. RASYERSK\M0NTHLLn u1y04.doc OLD TOWN TEMBUL9 July T62 16 7(:�?PO jil_ 6 P.M. TO 9 P.M. ive Bands Every Friday Julyl - -AUNT KIZZY'Z BOYZ 6-9 p.m. at the Country Porch, plus The 2 of Us +11 MSJC Jazt- `'' L r' Fridays e tbrn 11911t 'r ti►v" July 16 SILVERADO Bluegrass 6 p.m. to 9 p.m. ` ��•. _ " at the Country Porch, plus Older than Dirt July 23 AUNT KIZZY'Z BOYZ 6.9 p.m. at the Country Porch, plus Flamenco Guitarist Javid at Serendipity, July 30 ROCKY ZHARP & THE -BLUES CRACKE . 6-9 p.m. at the Country Porch, plus 2 of Us +1 LOST CANYON RANGERS- Western Aug. 6 6.9 p.m. at the Country Porch plus Old Tyme Folk, And Flamenco Guitar Javid Aug. 13 ROCKY ZHARP & THE BLUES CRACKE 6-9 p.m. at the Country Porch plus The 2 of Us +1 Aug.20 SUZIE GLAZE & 8-HAND STRING BA at Country Porch and O)d Tyme Folk Aug. 27 AUNT KIZZY'Z BOYZ 6-9 p.m. at Country plus Older Than Dirt Kids Midway with Carnival Games & Prize -MW Carriage Rides * Pony Rides (most nights) * Party Jump ` w �� "� ✓) Dynamite Dave Every Friday Night for information call 909 694-6412 visit www.temeculacalifornia.com ITEM 18 APPROVAL CITY ATTORNEYII�W4� DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Howard Windsor, Fire Chief DATE: July 27, 2004 SUBJECT: Amendment to the TMC Chapter 15.16 (Fire Sprinkler Exemption) PREPARED BY: Jim McBride, Fire Marshal RECOMMENDATION: Read by title only and introduce an ordinance entitled: ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING SUBSECTION 15.16.020.S1 OF CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE TO CONDITIONALLY EXEMPT OPEN BARN STRUCTURES FROM THE REQUIREMENT FOR FIRE SPRINKLERS BACKGROUND: In 2002 the City Council adopted the 2001 California Fire Code along with other related building standard codes, including local amendments pursuant to state law. One of the amendments made (no change from previous adoptions) was that all buildings requiring 1500 gallons per minute of fire flow as determined on table III -A would be required to have fire sprinklers. Recently a planning application was reviewed to erect an open "pole barn" type structure. In our review we advised the applicant that fire sprinklers would be required. The applicant requested us to waive this requirement. In looking at the case it became apparent that fire sprinklers really were not appropriate in this case, but the ordinance does not allow for "waiving" the requirement. The proposed text of the amendment allows the Fire Marshal to waive the requirements for Fire Sprinklers on a case by case basis. The Fire Marshal would only make the decision to waive the sprinkler requirement after findings are made that they serve no economic or safety purpose, and only on U-3 or similar occupancies that are separated from all other structures or improvements. We feel the amendment will allow for good common sense application of the fire code which is intended to provide a safe environment for our city, remove unnecessary financial burdens and still maintain our high safety standards. FISCAL IMPACT: None ATTACHMENTS: Proposed Ordinance R:1Agendarpt\Barn Ord. ORDINANCE NO. 04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING SUBSECTION 15.16.020.S.1 OF CHAPTER 15.16 OF THE TEMECULA MUNICIPAL CODE TO CONDITIONALLY EXEMPT OPEN BARN STRUCTURES FROM THE REQUIREMENT FOR FIRE SPRINKLERS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subsection 15.16.020.S.1 of Section 15.16.020.S of Article II of Chapter 15.16 of Title 15 of The Temecula Municipal Code is hereby amended to read as follows: "General. An automatic fire —extinguishing system shall be installed in the occupancies and locations as set forth in Section 1003.2 For provisions on special hazards and hazardous materials see Section 1001.9 and Articles 79, 80 and 81. All Occupancies Unless State Code or Statutes, Califomia Building Code, Title 24 CCR part 2, or the California Fire Code, Title 24 CCR part 9, is more restrictive, every structure hereafter constructed, except residential structures of two dwelling units or less, which exceeds the Fire area square footage as listed in Table No. A-III-A-1 of the Uniform Fire Code requiring a fire flow of 1,500 gallons per minute shall have an approved automatic fire sprinkler system installed throughout therein. la. Notwithstanding the foregoing, for U-3 occupancies, so long as the structure is used as storage barns ('pole barns") housing no persons or animals, open on all sides, and when separated from all other structures or improvements by at least 60 feet, and when also away from all property lines by at least 60 feet, an exemption to the requirement to install an automatic fire sprinkler system may be made by the Fire Chief or his or her designee, in their sole discretion, when the finding is made, in writing, by such official that such exemption will in no way diminish the safety or increase the risk to the public, and after the official has also determined that there is no reasonable likelihood that a fire in and effecting such pole bam could pose unreasonable threats to adjacent improvements, whether on or off the parcel the pole bam is located upon." SECTION 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that RJOrds 2004/Ords 04- it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED this _th day of , 2004. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, C 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- was dully introduced and placed upon its first reading at a regular meeting of the City Council on the _th day of , 2004 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the th day of , 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Susan W. Jones, CMC City Clerk RJOrds 2004/Ords 04- DEPARTMENTAL REPORTS APPROVAL CITY ATTORNEY DIRECTOR OF FINA CE CITY MANAGER r�Q CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim Domenoe, Chief of Policy /( Y� DATE: July 27, 2004 SUBJECT: Monthly Departmental Report The following report reflects special teams, traffic enforcement and miscellaneous activity occurring during June 2004. The Police Department responded to 38 "priority one" calls for service during the month of June, with an average response time of approximately 5.6 minutes. A total of 4,963 calls for police service were generated in the City of Temecula during the month. During June, the Temecula Police Department's Old Town Storefront served a total of 299 customers. Fifty-four sets of fingerprints were taken, 43 people filed police reports and 10 people had citations signed off. Crime Prevention Officer Lynn Fanene participated in a number of special events, neighborhood watch and community -oriented programs during the month. He also coordinated requests for patrol ride-alongs and conducted police station tours. Additionally, he continued to provide residential and business security surveys/visits and past crime follow-up. Officer Fanene also continued to process City Planning Department submissions of site plans/conditions. During June, the POP Teams continued their problem oriented policing approach of areas within the community and made eight felony and 13 misdemeanor arrests for various crimes, including assault with a deadly weapon. The function of the POP Teams is to address situations that typically require extended enforcement action or certain expertise in order to solve an on -going problem within a neighborhood. The POP Teams also continued working with the homeless by assisting them in relocation efforts whenever possible and appropriate. The POP Teams stepped up enforcement again in the area of Sam Hicks Park, which has been the site for a number of homeless related complaints by the public. The traffic team reported that during the month of June there were 1195 citations issued for hazardous violations, 68 citations were issued for non -hazardous violations and 116 parking citations were issued. During the month there were two injury traffic collisions, 48 non -injury collisions were reported and 10 drivers were arrested for DUI. In other citation summary information, the Neighborhood Enforcement Team (NET) program resulted in 161 citations being issued. This program addresses traffic concerns in residential neighborhoods with a dedicated motor officer. The SLAP (Stop Light Abuse Program) resulted in at least 295 citations being issued. Monthly Departmental Report —Police Department During the month of June, the POP officers assigned to the Promenade Mall handled a total of 44 calls for service. The majority of these calls were for shoplifting investigations. During the month, calls and on -sight activity resulted in the criminal arrest and filings on eight misdemeanor cases. Officers McElvain and Rahn continued to provide training to security staff during the month. The mall officers continued to work to prevent vehicle theft and vehicle burglaries. There were two vehicle thefts and one vehicle burglary reported during the month of June at the mall. Our five school resource officers have remained active during June. The school resource officers conducted many counseling sessions with students. A total of 55 investigations/reports were conducted/written by the school resource officers during June. The school resource officers made misdemeanor arrests for car stripping and battery. The YAT program (Youth Accountability Team) continues to be a success in part through its Youth Court program. Officer Michelle Medeiros conducted the 135th Youth Court session. The YAT officer assisted at other schools when needed and conducted follow-ups with parents of juveniles in the program. Officer Medeiros also worked with "at risk" juveniles throughout the month and also conducted counseling sessions with their parents. She assisted the Riverside County District Attorneys Office and Probation Department by providing training during home visits with incorrigible/at risk juveniles during the month of June. Officer Medeiros is currently carrying a caseload of about 30 at -risk juveniles, and cited seven minors for the daytime loitering ordinance. During the month of June, the Special Enforcement Team (SET Team), consisting of Officers Jeff Fisher and James Kaffka, continued their narcotic enforcement efforts. Officers Fisher and Kaffka made four felony and four misdemeanor arrests for various crimes, including narcotic violations. The SET Team was responsible for the recovery of more than 120 grams of marijuana during June. Volunteers from the community continue to be an integral part of the Temecula Police Department's staff. Under the guidance of volunteer coordinator Officer Jennifer Wagner and assistant coordinator Gayle Gerrish, the Police Department's volunteer staff contributed 661 hours of service in June. Volunteer assignments include computer data input, logistics support, special event assistance and telephone answering duties. Community Action Patrol (CAP) Program volunteers have continued their activities, patrolling the city for graffiti, conducting vacation residential checks and assisting patrol with special logistical needs and special events. Other duties these volunteers attend to are business checks and abandoned vehicles and traffic control. The goal of the program is high visibility, which prevents crime from occurring. CAP Team members contributed 165 hours of service to the community during the month of June. The reserve officer program and mounted posse are additional valuable volunteer resources available to the police department. The police department utilizes reserve officers to assist with patrol, traffic enforcement, crime prevention and a variety of special functions. Reserve police officers worked a total of 76 hours specifically on patrol in Temecula during June. The Temecula Citizen Corps Program continued to make good progress during the month of June. The executive body, or the TCC Council, continued to hold their bi-weekly meetings at Station 84. The council is comprised of representatives from the police and fire departments, the City, local business, the Temecula Valley Unified School District, the American Red Cross, and a local citizen. Almost all of the volunteer leadership positions have now been filled, and the program is progressing well toward meeting the goals provided by members of the city council. Recruitment continues and the organization's administrative and operational policies have been formalized and Monthly Departmental Report —Police Department distributed. The TCC continues to develop nicely, with more than 100 registered volunteers, boosted recruitment and training eforts. The Temecula Police Department was once again involved in the planning and operations of the Temecula Valley Balloon and Wine Festival, which occurred on June 4th — to June 6th, 2004 at Lake Skinner. Attendance was good at this annual event, which draws crowds from the Inland Empire and beyond. This year's event was largely uneventful for the police department; only two individuals were arrested for being drunk in public. Few problems were reported and all involved seemed to enjoy themselves. Monthly Departmental Report —Police Department APPROVAL /�� CITY ATTORNEI��1 -���=" DIRECTOR OF FINA E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Anthony J. Elmo, Director of Building & Safety. DATE: July 27, 2004 SUBJECT: Departmental Report June 2004 PREPARED BY: Carol Brockmeier, Administrative Assistant TOTAL NUMBER OF PERMITS ISSUED...................................................................437 NSFR................................................................................................................133 NCOM................................................................................................................. 21 NAPT...................................................................................................0 TOTALVALUATION.....................................................................................$34,348,100 TOTAL NUMBER OF INSPECTIONS PERFORMED..............................................5,297 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: July 27, 2004 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department. CURRENT PLANNING ACTIVITIES New Cases The Division received 82 new applications for administrative, other minor cases, and home occupations and 14 applications for public hearings during the month of June. The new public hearing cases are as follows: PARCEL MAP[TRACT MAP CONDITIONAL USE PERMIT GENERAL PLAN AMENDMENT CHANGE OF ZONE DEVELOPMENT PLAN Status of Major Projects Recently Approved Projects Penfold Plaza — A Development Plan to construct a 23,135 square foot mixed use building on .32 acres to include retail space on the first floor, office space on the second floor and a restaurant on the third floor, located on the south side of Fifth Street and west of Old Town Front Street. A DRC meeting was held on November 6, 2003, and a DRC letter was mailed to the applicant on November 10, 2003. The applicant resubmitted plans on December 26, 2003. A second DRC Meeting was held on February 5, 2004. The project was reviewed bythe Old Town Local Review Board on April 12, with a recommendation to approve. This application was approved at the June 161h Planning Commission hearing. (PA03-0535 — HAZEN) RAM0NTHLY.RPT\2004V-2004 Report.doc Roick Drive Business Park —A Development Plan to construct two commercial buildings totaling 25,618 square feet on 3.64 acres, located on the north side of Roick Drive, approximately 500 feet west of Winchester Road. Landan Construction Company submitted the application on October 13, 2003. A DRC meeting with the applicant was held on November 20, 2003 to discuss site design issues. The project was approved at the June 2, 2004 Planning Commission Hearing. (PA03-0582 — FISK) Overland Commercial — A Tentative Parcel Map to subdivide a 5.19 acre parcel into three commercial parcels with a minimum lot size of 1.17 acres, located at the southeast corner of Overland Drive and Ynez Road. A Development Plan for two restaurants and an office/commercial building was previously approved for this site, and the proposed Parcel Map is for financing purposes. This project was approved at the June 10, 2004 Director's Hearing. (PA04-0485 — KITZEROW) Opti-Forms Expansion — A Fast Track Development Plan to construct a 27,972 square foot industrial warehouse expansion on 3.57 acres, located at the southwest corner of Winchester Road and Calle Empleado. This item was submitted formally on May 17, 2004. No DRC meeting was held as staff determined at the May 25, 2004 Pre-DRC meeting that all comments from the pre -application had been adequately addressed. This project was approved at the July 7, 2004 Planning Commission meeting. (PA04-0349 — KITZEROW) Aspen at Wolf Creek — An application for a Home Product Review for 166 detached single- family residences within Planning Areas 2 and 5 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and four floor plans. The project was submitted on December 16, 2003. A DRC meeting was held on February 12, 2004. Revised plans were submitted on March 8, 2004, and staff is currently reviewing the plans. This project was approved at the July 8, 2004 Director's Hearing. (PA03-0718 — KITZEROW) Cedar at Wolf Creek — An application for a Home Product Review for 92 detached single-family residences within Planning Area 9 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and three floor plans. The project was submitted on December 23, 2003. A DRC meeting was held on February 12, 2004. Revised plans were submitted on March 8, 2004, and staff is currently reviewing the plans. This project was approved at the July 8, 2004 Director's Hearing. (PA03-0727 — KITZEROW) • Rancho Baptist Co -location — A Conditional Use Permit to co -locate 12 cellular antennas and four equipment panels on an existing mono -pine at the Rancho Baptist Church located at 29775 Santiago Road. This application was filed by Sprint PCS on December 22, 2003. A pre-DRC Meeting was held on February 17, 2004. The project was approved at the June 24, 2004 Director's Hearing. (PA04-0031 — FISK) U Stor It — An Administrative Development Plan to establish a self -storage facility within an existing 109,500 square foot commercial building on 6.74 acres located at 28401 Rancho California Road. The applicant submitted plans on March 31, 2004. A DRC meeting was held on April 29, 2004. Staff administratively approved the application on July 8, 2004. (PA04-0233 — FISK) • Building B at Vail Ranch — A Development Plan to construct a 6,500 square foot single -story office/restaurant building on a 1.03 acre site located at the southwest corner of Highway 79 and Mahlon Vail Road. Planning comments were submitted to applicant on February 11, 2004. Staff met with the applicant on March 1, 2004 to discuss site layout and design issues. The RAMONTHLY.RPT2004\7-2004 Report.doc applicant submitted revised plans on March 15, 2004. The project was approved by the Planning Director at the June 10, 2004 Director's Hearing. (PA03 - 0709 — LONG) • Schafer Building — A Development Plan to construct an 8,000 square foot office building on .98 acres located on the west side of Margarita Road, approximately 1000 feet north of Overland Drive. The project was submitted on February 24, 2004. A DRC meeting was held April 1, 2004. The Planning Commission approved this project on July 7, 2004. (PA04- 0112—LONG) • Hillcrest Academy — A Conditional Use Permit/Development Plan to construct a new 13,777 square foot classroom, administrative offices and multi -purpose room at 29275 Santiago Road. The project was submitted on March 5, 2004. A letter was sent to the applicant on April 9, 2004. The applicant resubmitted plans on April 30, 2004. The project was approved by the Planning Commission on June 2, 2004. (PA04-0152 — LONG) Projects Under Review Commercial Cingular Wireless — A Conditional Use Permit to construct, operate, establish and maintain a wireless telecommunications facility with 3 antennas housed within the bulb portion of a 45-foot artificial mono -palm tree located at 31575 Enfield Lane, east of Riverton Lane and north of Humboldt Court. The project was deemed incomplete in February 5, 2003. An Environmental Assessment is required per CEQA. Staff requested additional studies in order to complete the assessment and is completing an Initial Study. Staff has received revised plans that have been determined to be an acceptable design and has completed an initial study. Staff is currently preparing a staff report and conditions of approval. The project was approved at the April 21, 2004 Planning Commission Hearing. An appeal of the approval was filed by Valesta Ayer on May 5, 2004. (PA02-0717 —FISK) Palmilla Plaza Medical Office Building — A Development Plan to construct a single -story speculative medical office building on a .72-acre site, located at 29748 Rancho California Road within the existing Palmilla Plaza. The application was submitted on August 20, 2003. A DRC meeting was held on September 18, 2003. The applicant submitted revised plans on February 10, 2004. A second DRC Meeting was held on March 11, 2004. Revised plans were submitted on June 28th. The item has been scheduled for the July 15, 2004 Director's Hearing. (PA03- 0464 — HARRIS) • Butterfield Square —A Development Plan to redevelop Butterfield Square in Old Town, resulting in four two-story buildings totaling 22,048 square feet on 0.56 acres located on the southeast corner of Old Town Front Street and Third Street. The Applicant submitted plans on March 31, 2004. A DRC meeting was held on June 10, 2004. A DRC letter was sent to the applicant on July 13, 2004 and staff is currently awaiting submittal of revised plans. (PA04-0231 — FISK) Meadows Village — A Development Plan, Vesting Tentative Parcel Map and two Conditional Use Permits (drive-thru and alcoholic beverage sales) to construct an 80,677 square foot commercial center consisting of seven buildings on 9.77 acres located on the southeast corner of Meadows Parkway and Rancho California Road. The applicant submitted plans on March 22, 2004 and staff is currently reviewing the proposed project. A neighborhood meeting was held on June 3, 2004. A DRC meeting was held on July 8, 2004 and a DRC letter was sent to the applicant on July 13, 2004. Staff is currently awaiting submittal of revised plans. (PA04-0200, PA04-0201, PA04-0202, and PA04-0203 — FISK) RAMONTHLY.RPM004\7-2004 Report.doc Church of Jesus Christ of Latter Day Saints — An appeal of an approved Conditional Use Permit/Development Plan was filed by the "Homeowners of Temecula" on June 2, 2004.The approval will permit the applicant to construct and operate a 24,119 square foot single story church located on the north side of Pauba Road, approximately 170 linear feet west of the centerline of Corte Villoso. The project was approved by the Planning Commission at the May 19t" Planning Commission hearing. The appeal is tentatively scheduled to be heard by the City Council on August 24, 2004. (PA03-027 — HARRIS) Creekside Plaza Circle IVUnocal — An Administrative Development Plan to construct, establish and operate a service station, full service car wash and retail store within the Creekside Plaza Shopping Center. The subject property is located at the southeast corner of State Hwy 79 S. and Pechanga Parkway. The application was submitted on March 31, 2004. The DRC meeting was held on June 3, 2004. The applicant requested another meeting to further discuss plan revisions. The meeting was held on June 16, 2004. The DRC letter was sent on June 17, 2004. (PA04 - 0232 — CLARY) Creekside Plaza Pads 4 & 5—An Administrative Development Plan to construct, establish and operate two commercial buildings of 5,600 and 9,600 square feet respectively. The subject site is located at the southwest corner of State Hwy 79 S. and Pechanga Parkway. The application was submitted on March 12, 2004. The DRC meeting was held on June 3, 2004. The DRC comment letter was sent out on June 9, 2004 Applicant submitted revised plans on July 2, 2004. Staff is currently reviewing them. (PA04 - 0170 — CLARY) Roripaugh Town Center —A Specific Plan Amendment, General Plan Amendment, Conditional Use Permit and a Development Plan to design and construct approximately 171,200 square feet of commercial development, which include four major tenant buildings, six smaller freestanding buildings and inline shops on 20.2 acres. The project is located on the northeast corner of Nicholas Road and Winchester Road. Matthew Fagan Consulting Services submitted the application on July 24, 2003. A DRC meeting was held September 4, 2003. The project was resubmitted on November 12, 2003. Staff has reviewed the revised plans and at this time, the applicant has not complied with most of staff's initial comments, including: site layout, elevations, and pedestrian circulation. A Planning Commission subcommittee and Staff met with the applicant on March 29, 2004 to discuss the project. Staff sent a letter to the applicant on April 6, 2004, summarizing the issue's raised at the March 29, 2004 meeting. The applicant has resubmitted plans on June 16, 2004. A DRC is scheduled for July 22, 2004. (PA02-0364 — LONG) • Margarita Square — a Development Plan to construct an 11,274 square foot commercial building on 1.60 acres located at the northeast corner of Highway 79 South and Margarita Road. The applicant submitted plans on March 17, 2004 and staff is finalizing its recommendation on the project. (PA04 — 0190 - PETERS) Creekside Plaza — An Administrative Development Plan to construct, establish and operate a 2,260 square foot drive-thru restaurant on .69 acres. The subject property is located at the southeast corner of Highway 79 and Pechanga Parkway. The project was submitted on January 29, 2004. A Pre-DRC Meeting was held on February 24, 2004Revised plans were submitted on June 30, 2004. Comments from affected Departments are due July 18th. (PA04 - 0057 — HARRIS) • Exxon — A request for a Minor Conditional Use Permit for the sale of beer and wine from an existing building located at 4520 Bedford Court. The application was submitted on October 23, RAMONTHLY.RPT2004\7-2004 Report.doc 2003. Staff initially requested that the applicant withdraw the application due to the project site's proximity to a church on La Paz Street. Subsequent to this, staff changed the department policy for measuring distance requirements.. Staff will be preparing a staff report and conditions of approval shortly. Staff expects to schedule the application for an August Planning Commission hearing. (PA03-0609 — FISK) • Big Horse Feed — A Development Plan to construct an 8,000 square foot shade structure/hay barn located at 33320 Highway 79S. A DRC was held on April 8, 2004. Planning staff has approved the project, however building permits cannot be issued until the Fire Department process a proposed amendment to the fire code exempting agricultural buildings from the requirement to sprinkler the structure. (PA 04-0090 — PAPP) Regency Commercial — A Development Plan for a 12,407 square foot multi -tenant commercial building on 1.87 acres, located at 42079 Roick Drive. This application was submitted on July 1, 2003. A DRC meeting was held on July 31, 2003 and a letter was sent to the applicant on August 4, 2003. Staff received no response from the applicant and a follow up letter was sent to the applicant on September 2, 2003. On May 4, 2004 staff contacted the applicant via telephone and was told that a new architect was hired and a resubmittal was forthcoming. Staff is still awaiting resubmittal. Mailed a follow-up letter to the applicant on June 4, 2004. (PA03-0359 — KITZEROW) • La-Z-Boy — A Development Plan to construct a 15,000 square foot building for La-Z-Boy on .94 acres at the corner of North General Kearney and Margarita Road. (APN 910-130-088). The project was submitted on June 24, 2004. Staff is currently reviewing the proposed project. (PA04-0456 — PETERS) • Moreno Road Office Building A Development Plan to construct a two — story 7,000 square foot office building on .76 acres, located at 41919 Moreno Road. The application was submitted on July 12, 2004. Comments are due from affected departments on August 4, 2004. (PA04-0470 HARRIS) Subdivisions Gallatin Parcel Map —A request to subdivide 2.89 acres into three lots with a minimum lot size of .92 acres located on the northeast corner of Margarita Road and DePortola Road. Gallatin Dental Group submitted the project on February 3, 2004. The project wentto DRC on March 11, 2004. Staff is currently waiting for revised plans. No change as of July 14, 2004. (PA04-0074 — LONG) Seraphina Tract Map 32346 — A request to subdivide 28.6 acres into 67 lots with a minimum lot size of 7,200 square feet located on the north side of Nicolas Road. The project was submitted on March 16, 2004. The DRC letter was sent on April 20, 2004. The applicant submitted a draft plot plan via email for staff's review on June 2, 2004. Staff reviewed draft plot plan and sent comments via email on June 15, 2004. Staff is waiting for formal resubmittal. (PA 04-0178- CLARY) • WinCo Foods — A request for a Conditional Use Permit and findings of Public Convenience or Necessity for the sale of beer, wine and spirits from an existing building located at 40435 Winchester Road. (Old Costco building). The application was submitted on April 23, 2004 and staff is currently reviewing the application. Staff expects to schedule the application for an August Planning Commission hearing. (PA04-0299 — FISK) RAMONTHLY.RPT\2004\7-2004 Report.doc • Chaparral Map — A Tentative Parcel Map with waiver to consolidate and parcelize lots totaling 2.42 acres to follow existing building, parking lot and street divisions of the existing parcels. This application was submitted on February 23, 2004. A letter was mailed to the applicant on May 5, 2004 explaining resubmittal requirements. The application was resubmitted on June 4, 2004 and scheduled for Director's Hearing on July 22, 2004. (PA04-0109 & PA04-0110-KITZEROW) Ridge Park Office TPM — A Tentative Parcel Map to subdivide a 4.88 acre parcel into three parcels with a minimum lot size of 1.52 acres, located on Ride Park Drive, south of Ridgegate Drive. A Development Plan for 3 office buildings was recently approved for this site and the proposed Parcel Map is for financing purposes. The application was submitted on May 27, 2004. A DRC letter was mailed on June 25, 2004. Staff is awaiting resubmittal. (PA04-0374 — KITZEROW) • Wolf Creek PA 16 —A Tentative Subdivision Map to subdivide 4.22 acres into 6 custom hillside lots averaging 30,000 square feet. The application was submitted on May 19, 2004 and a DRC meeting was held on July 1, 2004. A DRC letter was mailed to the applicant on July 6, 2004 and staff is awaiting resubmittal. (PA04-0358/TTM 32319 — KITZEROW) Industrial Roick/Regency Industrial Building —A Development Plan to construct an industrial building with four suites totaling 12,407 square feet on 1.87 acres on the southwest corner of Roick Drive and Winchester Road. James E. Horeca submitted the application for Regency, Inc, on July 1, 2003. A pre-DRC meeting was held on July 22, 2003. A DRC meeting was held on July 31, 2003 with the applicant. Staff was informed by the applicant on December 29, 2003 that there has been a change in architects. Applicant resubmitted on March 11, 2004, but the submittal package did not include revised landscape plans. Applicant was advised but has not yet submitted landscape plans. (PA03-0359 — KITZEROW) Temecula Industrial Park —A Development Plan to construct thirteen single-storyoffice buildings totaling 56,900 square feet on 4.83 acres located on the west side of Business Park Drive, between Rancho Way and Rancho California Road, approximately 1,000 feet north of Rancho California Road. Scott Barone (Lot 11 BPD LLC) submitted the application on December 23, 2003. A DRC Meeting with the applicant was held on January 29, 2004. A DRC letter was sent to the applicant on February 2, 2004. The applicant submitted revised site plans on April 28, 2004, and again on March 29, 2004. Staff is currently reviewing the plans. A DRC has been scheduled for July 15, 2004. (PA03-0728 -PETERS) Merit Moving Systems — A Development Plan to construct 37,970 square foot storage and warehouse facility on 2.02 acres located on the north side of Winchester Road, approximately 1,838 feet west of Diaz Road. Project was submitted on February 23, 2004. A DRC was held on April 1, 2004. A letter was sent on April 2, 2004 summarizing DRC comments. The applicant resubmitted plans on April 6, 2004. The Riverside County Geologist is currently reviewing the Geotechnical Report, which must be complete prior to scheduling of a Public Hearing. This project is tentatively scheduled for Planning Commission on August 4, 2004... (PA04-0111 — LONG) • Kearny Commerce Center — A Development Plan to construct an 86,175 square foot light industrial building on 5.55 acres located on the north side of Remington Avenue. Project was submitted on May 25, 2004. A DRC meeting was held on June 22, 2004. The DRC letter was sent June 23, 2004. (PA04-0361 — CLARY) R:V,AONTHLY.RPT\2004\7-2004 Report.doc Temecula Corporate Heights — Applicant is requesting a sign program for a multi -tenant industrial building at 423010 Zevo Drive, just west of Diaz Road. The DRC letter was sent on May 6, 2004. Applicant submitted on May 22, 2004. Sent 2°d iteration letter on June 8, 2004. The applicant resubmitted on June 29, 2004. Staff is currently reviewing the project. (PA04- 0198 - CLARY) Beacon Industrial- A Development Plan requesting a 15,308 square foot multi -tenant light - industrial building. The property is located at 42103 Rio Nedo, just west of Diaz Road. A Pre- DRC meeting was scheduled on May 20, 2004. The DRC letter was sent on May 25, 2004. Applicant has brought in a conceptual revised plan for staff's comment. Staff has commented on the conceptual plans and are awaiting for formal resubmittal. (PA04-0149 - CLARY) CBC Business Center — A Development Plan to construct two multi -tenant industrial buildings (Building A — 75,697 SF / Building B-56,193 SF) on 8.59 acres located on the north side of Remington Avenue, approximately 1,000 feet east of Winchester Road. The applicant submitted plans on March 1, 2004. A DRC meeting took place on May 20, 2004. A letter was mailed to the applicant on May 20, 2004. The application was resubmitted on June 28, 2004 and staff is currently reviewing. (PA04-0134 - KITZEROW) Mixed Use Old Town Queen Anne Victorian — A Conditional Use Permit and Development Plan to construct a 11,000 square feet mixed use building to include retail uses (restaurant) on the ground floor and office uses on the second floor on 1.93 acres, located at the northeast corner of Old Town Front Street an Fourth Street. A DRC meeting was held on September 11, 2003. Revised plans were submitted on March 1, 2004. The project was reviewed and recommended for approval by the Old Town Local Review Board on April 12, 2004. Staff has been working with the applicant to make corrections to the plans to address Public Works concerns and is awaiting the submittal of revised plans. (PA03-0447 — FISK) • Temecula Creek Village —A zone change application to amend the text only of PDO-4 to change the schedule of Permitted Uses to allow alcohol sales in conjunction with restaurants and gift shops, located on the south side of Hwy 79 S. between Jedediah Smith Road and Avenida De Missiones. This item is scheduled for Planning Commission on August 4, 2004. (PA04-0384 — PAPP) • Temecula Creek Village —A Pre -Application for seven new office/retail/restaurant buildings on 6.88 acres located at the southeast corner of Hwy 79 S. and Jedediah Smith Road. Pre-DRC is scheduled for July 20, 2004. (PR04-0010 PAPP) Residential Meeker Companies at Roripaugh Ranch — Appeal Application for Product Review for 113 detached single-family residences, which will offer four (4) floor plans in three (3) architectural styles. The houses are located in Planning Area 4B along Murrieta Hot Springs Road. The application was submitted on November 4, 2003. The Planning Commission approved the project with conditions on May 19, 2004. The applicant has appealed the project to the City Council. (PA03-0634 — LONG) • Naron Pacific Tentative Tract Map 30434 — A proposal for a zone change from L-1 to L-2 on 31.93 acres and Tentative Tract Map to create 30 residential lots and 4 open space lots in the RAMONTHLY.RPT\2004\7-2004 Report.doc Chaparral area. The applicant has provided all materials, but is now proposing a PDO for the project. The CAC has made a recommendation on policy for the Chaparral Area allowing 1/2- acre lots if it does not increase the "net' density. A PDO was submitted on March 25, 2004. Staff met with applicant in April to discuss grading issues and begin preparation of an Initial Study. Applicant has not yet submitted a revised constraint map. (PA02-0204 — PAPP) • Tierra Vista Condominiums — An Administrative Development Plan to construct 23 residential condominiums on 1.5 acres. The subject property is located on the northwest corner of Tierra Vista Road and Ynez Road. The application was submitted on September 30, 2003. A DRC meeting was held on November 6, 2003. Revised plans were submitted on July 7, 2004. Comments are due from affected departments on July 22, 2004. (PA03-0552 — HARRIS) Quiet Meadows — A proposal to subdivide 4.57 acres into 7 residential lots with one open space lot; and a proposal to change the zoning designation from L-1 to L-2. An Environmental Assessment (EA) has been completed. Based on the EA, no significant impacts have been identified. On August 12, 2003, the City Council denied the Zone Change application without prejudice and referred the Zone Change policy issue to the General Plan CAC for an advisory recommendation. The CAC has determined that the Zone Change can be supported and the applicant will refile a new application. The project is anticipated to be scheduled for a Planning Commission hearing in August. (PA03-0669, PA03-0698 PETERS) TTM 31898 - A Tentative Tract Map to subdivide 14.1 acres into 125 single-family lots with a minimum lot size of 3,000 square feet located within Planning Area 7 of the Wolf Creek Specific Plan. The project was submitted on October 23, 2003. A DRC meeting was held on January 8, 2004. A DRC letter was mailed to the applicant on January 13, 2004. The application was resubmitted. Staff recently completed a review of the project and provided comments to the applicant. TCSD comments regarding trash enclosures may require a minor redesign. Staff is currently awaiting resubmittal. (PA03-0604 — KITZEROW) Wolf Creek Planning Area 7 — An application for a Home Product Review for 125 detached single-family residences within Planning Area 7 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and four floor plans. The project was submitted on October 23, 2003. A DRC meeting was held on December 11, 2003 and a DRC letter was mailed out to the applicant on January 8, 2004. Revised plans were submitted on February 26, 2004, and staff is currently reviewing the plans. This item is tentatively scheduled for the August 18, 2004 Planning Commission. (PA03-0603 — KITZEROW) • Horton Continental — A Product Review for 100 single family residences including four floor plans and four architectural styles. The project is in planning area 1 of Roripaugh Ranch Specific Plan. The applicant submitted plans on Marchi , 2004 and submitted revised plans on May 25, 2004. Staff sent out comments on July 9, 2004. Requesting revisions. (PA04-0133 — LONG) • Del Val Second Dwelling Unit —An application for a second dwelling was received January 23, 2004 for a 768 square foot mobile unit at 31050 Nicolas Road at Leifer Road. A pre-DRC Meeting was held on March 9, 2004. The applicant will be resubmitting in July and a Pre-DRC will be scheduled for July 27. (PA04-0039 — PETERS) • Estero Street — A request for a Zone Change (from L-1 to L-2) and a Tentative Parcel Map to subdivide a 1.39 acre parcel into two parcels for single family homes. The project is located at the end of Estero Street. The applications were filed on April 19, 2004. A DRC meeting was RAMONTHLY.RPT2004\7-2004 Report.doc held on July 8, 2004. Staff is awaiting submittal of revised plans. (PA04 -0283 and PA04-0275 -PETERS) Wolf Creek Planning Area 6 — An application for a Home Product Review for 127 detached single-family residences within Planning Area 6 of the Wolf Creek Specific Plan. The application proposes three different architectural styles and three floor plans. The project was submitted on January 7, 2004. A DRC meeting was held on February 12, 2004. Staff is currently reviewing revised plans. This item is scheduled for the July 22, 2004 Director's Hearing. (PA04-0006 — KITZEROW) Wolf Creek Planning Area 1 — An application for a Home Product Review for 121 detached single-family residences within Planning Area 1 of the Wolf Creek Specific Plan. The project was re -submitted by W oodside Homes on March 10, 2004. Staff has provided comments to the applicant. The item is scheduled for the July 22, 2004 Director's Hearing. (PA04-0018 — KITZEROW) Davidson Communities — Appeal Product Review for 100 single family residences including three floor plans and three architectural styles. The project is in Planning Area 2 of the Roripaugh Ranch Specific Plan. The applicant submitted plans December 24, 2003. A DRC was held on January 22, 2004. The applicant resubmitted plans on February 19, 2004. The project was approved by Planning Commission on May 19, 2004. The applicant has filed an appeal to City Council (PA03-0725 — LONG ) Temecula Ridge Apartments — A Development Plan for the addition of 20 units by adding a 3`d story to five buildings in a previously approved 220 unit apartment project. The site is located on the south side of Rancho California Road, southeast of the intersection of Rancho California Road and Moraga Road. The application was submitted on April 13, 2004. A DRC meeting was held on June 10, 2004, and a letter was mailed to the applicant on June 14, 2004. Staff is currently awaiting resubmittal. (PA04-0260 — KITZEROW) • Tortelli second dwelling unit —Application fora 753 square foot second dwelling unit located at 29243 Providence Road in Harveston. Application was submitted on June 1, 2004. Pre-DRC is scheduled for July 20, 2004. (PA04-0378 - CLARY) • Gallery Traditions — A product review for 8 single family residences including 3 floor plans and 2 architectural styles. The applicant submitted plans on June 2, 2004. Staff is currently reviewing the application. (PA04-0383 CLARY) • Roripaugh Ranch Specific Plan Amendment - A Tentative Tract Map and Zone Change PA04- 0369, 0370, 0371. A request to change OS to LM and a tentative tract map to add 6 residential lots. SPA addresses fuel modification issues, general clean-up items such as fencing and inconsistencies. Staff sent a letter outlining concerns on June 28, 2004. (PA04-0369, 0370, 0371 LONG) • Harveston Neighborhood 6-A Development Plan to construct 69 attached residential condominium units on 4.7 acres, located within Neighborhood G of the Harveston Specific Plan. The application was submitted on April 21, 2004. A DRC meeting was conducted on June 24, 2004. Staff is awaiting revised plans. (PA04-0077 - HARRIS) • Harveston Neighborhood 6 Tentative Tract Map —A Tentative Tract Map to subdivide 4.7 acres into attached residential condominiums located within the Neighborhood 6 of the Harveston RAMONTHLY.RPT2004\7-2004 Report.doc Specific Plan. The application was submitted on February 4, 2004. A DRC meeting was conducted on June 24, 2004. Staff is awaiting revised plans. (PA04-0078 — HARRIS) • Harveston Neighborhood 12 A Development Plan to construct 93 attached residential condominium units located within Neighborhood 12 of the Harveston Specific Plan. The application was submitted on April 26, 2004. A DRC meeting was conducted on June 24, 2004. Staff is awaiting revised plans. (PA04-0079 HARRIS) • Harveston Neighborhood 12 Tentative Tract Map A Tentative Tract Map to subdivide 5.6 acres into 93 attached residential condominiums located within Neighborhood 12 of the Harveston Specific Plan. The application was submitted on February 4, 2004. A DRC meeting was conducted on June 24, 2004. Staff is awaiting revised plans. (PA04-0080 HARRIS) Miscellaneous • Lamb of Life Church — A Minor Conditional Use Permit to establish a church facility at 32824 Wolf Store Road, Suite B. The project was submitted on April 12, 2004. A DRC was held on May 20, 2004. A comment letter was sent on May 24, 2004. A Director's Hearing was held on July 15, 2004 and was continued to July 22, to resolve parking issues. (PA04-0255 — LONG) • Faith Bible Church — A Minor Conditional Use Permit to establish a church facility at 42257 Avenida Alvarado. Project was submitted on April 13, 2004. A DRC was held on May 20, 2004. Staff is currently waiting for revised plans. No change as of July 13, 2004. (PA04-0266 — LONG) • Cingular Mono -Pine Wireless Antenna — A Conditional Use Permit to construct a 50' high monopine on Greentree Road, approximately 500' east of Via Sierra. Project was submitted on April 19, 2004. Staff sent a DRC letter on June 8, 2004. Staff is currently waiting for revised plans. (PA04-0285 — LONG) • AT&T and Verizon Wireless — A Conditional Use Permit/Development Plan to construct, operate and establish an unmanned wireless communication facility consisting of up to eight±48' high "Italian Cypress" trees stealth antennas and an 8'x12' equipment area, located at the Rancho California Water District Water Reservoir Complex, east of Meadows Parkway. Staff has received phone calls from the surrounding residents expressing concerns about this proposal. The project was scheduled for the October 15, 2003 Planning Commission Hearing with a denial recommendation, however, the meeting was canceled and the project will be renoticed for a future Planning Commission Hearing. Staff met with the applicant on March 12, 2004, to discuss design alternatives. No formal resubmittal to date. (PA02-0335 — PAPP) • Meadowview Golf Course — Conditional Use Permit and Development Plan to design and construct a public golf course and driving range within the Meadowview Community. The Focused EIR requires modification. The applicant has retained a new environmental consultant to complete the modifications. The Draft EIR was submitted on April 12, 2004. Staff has transmitted document to affected City Departments for 3 week review. Staff provided EIR comment letter to applicant the week of June 7, 2004. Staff is currently awaiting comments. (PA01-0375 — PETERS) • Verizon Mono -Palm Wireless Antenna — The applicant has stated they intend to withdraw the application at the Chaparral High School Bus Maintenance Facility for a 50' light pole similar to RAMONTHLY.RPT2004\7-2004 Reporl.doc 10 the existing 35' light poles within the maintenance facility. The applicant has not yet submitted a letter of withdrawal. (PA02-0715 — PAPP) Verizon Wireless Telecommunication —A Conditional Use Permit for a 60-foot high mono -pine within the Rancho California Water District Headquarters facility. Staff has informed the applicant that the proposed mono -pole is not an acceptable design for the area. The applicant indicated alternative sites would not be feasible; however, on November 10, 2003, they offered to look at alternative sites and designs. The applicant resubmitted on May 10, 2004. Staff is currently reviewing the resubmittal. This item is tentatively scheduled for Planning Commission on August 4, 2004. (PA02-0637 — PAPP) Calvary Baptist Church Addition — A Conditional Use Permit to construct the proposed expansion of the existing church facility with a 12,610 square foot addition. This addition involves the expansion of the vestibule & sanctuary, the addition of new classrooms, restrooms, a kitchen, and multi -purpose room. The site is located at 31087 Nicolas Road at Calle Colibri off of Nicolas Road. A second DRC was held September 18, 2003. Revised plans were submitted on February 12, 2004. A DRC Meeting was held on March 11, 2004. Revised plans were submitted the first week of June. The item will be scheduled for the August 4, 2004 Planning Commission meeting. (PA02-0661 — HARRIS) Gosch Towing — A Minor Conditional Use Permit for the operation of a police impound yard located at 27495 Diaz Road. The applicant is currently operating under a Temporary Use Permit. Staff is currently working with the applicant to obtain proper public noticing. Staff anticipates scheduling the project for the August 5, 2004 Director's Hearing. (PA04-0013 — FISK) Cyberzone — A Minor Conditional Use Permit for the establishment and operation of an Internet business to rent computer times for Internet and Microsoft applications within an existing suite of the Promenade Mall. Staff has received conditions of approval from other departments and scheduled the project for the April 7, 2004 Planning Commission Hearing The applicant lost their lease prior to the hearing, so the application has been continued off calendar in anticipation of another lease space becoming available within the mall. (PRJ00-906 — FISK) • Verizon Wireless Telecommunication — An Administrative Development Plan to mount six antennas on the existing Saturn Dealership Building located at 27430 Ynez Road. The applicant submitted the proposal on June 28, 2004. Staff is currently reviewing the proposed project (PA04-0455 — PETERS) • Temecula Regional Hospital: A General Plan Amendment, Conditional Use Permit and Development Plan to construct a fitness center, cancer center, two medical/office buildings (4 stories each) and a six story hospital structure all totaling approximately 535,000 square feet, located north of Highway 79 S, south of De Portola and west of Margarita Road. Project was submitted June 30, 2004. Staff is currently reviewing the plans. (PA04-0462, 0463 LONG) Stringer's LLC A request for Public Necessity and Convenience to allow sale of wine in gift baskets, located at 42210 Zevo Drive. Staff is scheduling this item for August 4, 2004 Planning Commission. (PA04-0440 LONG) • Stellar's Cellar LLC A request for Public Necessity and Convenience to allow a wine tasting facility located at 2836 Front Street in Old Town. Staff is scheduling this item for August 4, 2004 Planning Commission. (PA04-0442 LONG) FIAMONTHLY.RPT\2004\7-2004 Report.doc 11 Small Business Assistance • La Tacqueria: Staff is working with the owners of this Old Town business on a revised plan for an exterior fagade improvement that includes new awnings, paint and signs. A proposal from the contractor is to be submitted to the Old Town Local Review Board in the next two to three months. • Temecula Olive Oil Company: The Planning Department is working with this applicant on a newly designed outside patio dining area and signs that are to be submitted for review by the Old Town Local Review Board in two to three months. • Sweet Lumpy's BBQ: Staff worked with this new Old Town business owner to help bring his signs into compliance with the sign program for the Temecula Stage Stop. • The Palomar Hotel: Owner has submitted an application to make exterior improvements to their property under the City's Fagade Improvement Program. It should be reviewed by the Old Town Local Review Board in the next few months. • Bev -Ray Camera: Staff met with the owners of this Old Town business that recently moved to the Temecula Stage Stop and helped them with sign designs. Special Event Permits • Old Town Temecula Street Painting Festival: This event took place in Old Town on June 19, and 20, 2004. It was sponsored by the Temecula Redevelopment Agency. • Summer Nights: This event, sponsored by the Temecula Redevelopment Agency, will occur on Friday nights throughout July and August. Special Proiects & Lona Ranae Plannina Activities The Division also commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities are as follows: Comprehensive General Plan Update — The CAC reviewed the draft of the Updated Specific Plan on July 6, 2004. Comments and corrections have been provided to the consultant. The Updated General Plan is scheduled for a joint meeting with the City Council and Planning Commission on August 10, 2004. (HOGAN) • Update of the Old Town Specific Plan —The Planning Commission considered the draft of the updated Specific Plan on June 16, 2004 and recommended that the City Council approve the changes. The Specific Plan is tentatively scheduled for the Council's consideration on August 10, 2004. (HOGAN) Hillside Development Policy — The policies are being examined for integration into the draft - grading ordinance. Staff is working with GIS to analyze topography, soil types, environmental (habitat), and other constraints. This item is on hold pending additional staff resources RAMONTHLY.RPT2004\7-2004 Report.doc 12 • Procedures to Implement CEQA — Staff initiated project to develop local guidelines and procedure manual for processing CEQA documents, including the adoption of local exemptions. The process will also conform to the new 2003 CEQA Guidelines, and will create new templates for standard CEQA forms. This item is on hold pending additional staff resources. • Surface Mining Ordinance —The staff and City Attorney had been making final changes based upon feedback from the State prior to submitting this item to the Council for their consideration. This item is on hold pending additional staff resources. • Traditional Neighborhood Development Ordinance — Final changes are being made prior to scheduling this item for a Planning Commission workshop. This item is on hold pending additional staff resources. • Staff is preparing a final draft ordinance to codify use restrictions and supplemental standards for "Cyber Cafes." Completion of final draft is estimated to be the last week of July. This item has not yet been scheduled for public hearing. (PAPP) • Updating of the Roripaugh Estates Specific Plan to split Planning Area 8 into 8A and 8B to resolve commercial zoning issues and minor land use changes. Review of this project commenced the third week of June 2004. Staff is reviewing the Specific Plan design guidelines to determine best approach for resolving commercial zoning issues and existing land uses adjacent to Area 8. (PA97-0443 WEST) • South Side Street Improvement Project —The former South Side Specific Plan is being modified to design guidelines and a street improvement program for Old Town Front Street between First Street and Highway 79 South. This item is on hold pending additional staff resources. • Paloma Del Sol Specific Plan, Amendment 8.1 and Supplemental EIR — Staff is waiting for the applicant to submit a revised project schedule and the draft of the Specific Plan and Supplemental EIR. (PA03-0402,0403—WEST) • Telecommunications Facilities — Staff is preparing a Request for Qualifications (RFQ) for consultants to evaluate the technical reports submitted by new telecommunications. (WEST) • Supplemental Development Standards (Alcohol Sales) — Staff is developing additional performance standards in order to allow for the distinction between businesses offering the sale of alcoholic beverages (beer and wine only) for non -consumption on premises and those businesses with sales of alcoholic beverages for consumption on same premises. (WEST) • Update of the Citywide Design Guidelines The consultant submitted a completed draft in February 2004. Staff just completed review and comment of the Residential Guidelines, and is currently reviewing the Commercial Guidelines. The project is approximately 4 months behind scheduled because of previous staffing shortage. The original contract was extended for another year at July 13, 2004 City Council meeting. • Light Industrial Development Code Amendment — The Planning Department has seen an increase in the number of Planning Applications for multiple professional office buildings (less than 50,000 square feet) in areas zoned for Light industrial (LI) uses. Staff is evaluating the desirability of creating new design guidelines in the Development Code to allow for "Campus" style professional offices in LI zoned areas. This item is expected to go to the Planning commission August 4, 2004. (WEST) RAMONTHLY.RPT\2004\7-2004 Report.doc 13 • City — Project environmental reviews and permitting: o Overland Drive Extension — Staff reviewed 2nd submittal of the draft initial study / Mitigated Negative Declaration and has provided comments to Public Works. No resubmittal to date. Old Town Southern Gateway Landscaping Project — Request from Public Works for Environmental Determination for this project. Previous Negative Declaration has been modified because the project description has changed. The revised N.D. has been routed to Redevelopment, TCSD, and Public Works for comments. Planning has not received comments. Planning will coordinate with Public Works to schedule this item for City Council. (EA-93 — PAPP) o Murrieta Creek Multi -Purpose Trail Project —Staff is assisting the Public Works Department by preparing CEOA and NEPA documents for this project. Staff did a site walkover with biologist and CalTrans coordinator in January 2004. Staff has recommended and is preparing a Class 4 Categorical Exemption. (EA99 — PAPP) o Diaz Road General Plan Level Improvements — Staff has prepared an initial study to determine the impacts of constructing ultimate improvements on Diaz Road. Staff recommends that a Negative Declaration be prepared. Planning will coordinate with Public Works to schedule this item for City Council. (EA107 — PAPP) o Rancho California Road Widening Project —Staff is preparing the Initial Environmental Study at the request of Public Works and is working with Public works to address potential safety concerns regarding the elimination of the raised center median. (EA113-WEST) 0 1-15 / SR79 S. Ultimate Interchange Project — Staff is working with Public Works on the NEPA/CEOA determination for this project. (EA111 WEST) o Veterans Memorial (Temecula Duck Pond— - Staff has prepared the Initial Environmental Study for this project and is recommending a Class 11 Categorical Exemption. (EA112- W EST) General Plan Amendments PA03-0178 TERC 52, LLC — A General Plan Amendment application (and Zone Change PA03- 0177) to change the land use designation on 52.83 acres from Business Park to High Density Residential at the northwest corner of the Rancho California Business Park, adjacent to the Campus project. Staff is awaiting the submittal of additional information and has advised the applicant that the proposal will not go to hearing until the Comprehensive General Plan Update is complete. (PAPP) Margarita Village General Plan Amendment (PA040391) and Specific Plan Amendment (PA04- 0390) to change the land use designation from VL (very low - .2 to .4 du/acre) residential to LM (low medium — 3 to 6 du/ac) for 18.3 acres along the west side of Butterfield Stage road, north of Chemin Clinet. This is associated with a Tentative Tract Map (PA04-0392) for 36 residential lots ranging in size from 7,200 to 25,000 SF. These applications were submitted on June 2, 2004. A DRC meeting is schedule for July 8, 2004. Staff is currently reviewing the application. (KITZEROW) • PA04-0411, Nicolas 73 — A General Plan Amendment application (and Zone Change PA04- 0414, and TTM PA04-040415) to change the land use designation on 73 acres from very low RAMONTHLY.RP7\2004\7-2004 Reporl.doc 14 density Residential to L-1 at the southeast corner of Nicolas Road and Via Lobo. Pre-DRC was held on July 8, 2004 and DRC was held on for July 15, 2004. Based upon issues raised at DRC, the applicant was informed that staff does not support the GPA at this time (prior to adoption of the comprehensive General Plan update) and issues related to the map will require a resubmittal. (PAPP) RAMONTHLY.RPT 2004\7-2004 Report.doc 15 Date Prepared: June 23 2004 LICENSE AGREEMENT New NO. PIT-2004-73 LICENSEE ("Licensee") LICENSOR (Property Owner or Agent) ("Licensor") Name: City of Temecula Name: Forest City Commercial Management, Inc., acting as authorized agent for "Owner" Street Address: 43200 Business Park Drive Street Address: 40820 Winchester Rd. City, State, Zip Code: Temecula, CA 92589 City, State, Zip Code: Temecula, CA 92591 Trade Name: City of Temecula Police Department (Sub Station) Location: Temecula, CA Shopping Center Trade Name ("Centel"): The Promenade in Temecula Telephone No.: 909-694-6444 Telephone No.: 909-506-3981 License Commencement Date: June 24, 2004 License Expiration Date unless eadierterininate ): May 31, 2009 FIXED LICENSE FEES Total for Pay Period Total for Term of License Payment Due Date MINIMUM LICENSE FEE: $1.00/annually (June 2004-June 2009) $1.00/annually (June 2004- June 2009) Due 1�` of the year MARKETING FEE: N/A OTHER FEES: N/A TOTAL FIXED LICENSE FEES: $5.00/Term (June 2004-June 2009) $5.00/Term (June 2004-June 2009) Due 1" of the year Pay Period for Fixed License Fees (payable to :The Promenade in Temecula' by pre -approved company check, certified check or money order ef� �DaWeekly Monthly X Annually Other This License: includes a Percentage Fee of _% of all Sole purpose for which Licensed Area can be used by Licensee: Licensee's net sales and revenues in excess of a break point Licensee will take ossession of spa a 1870 for the use of a of . Percentage Fee for a given month is due Police Sub Station and for no other purpose whatsoever. . and payable on the 10th day of the following month. Xdoes not include a Percentage Fee 1. License Area and Location. Based on the terms and information stated above which is an integral Part of this License and incorporated in this License, Licensor hereby, grants to Licensee a NON -TRANSFERABLE REVOCABLE LICENSE for the temporary use of those certain premises ('the License Area`) consisting of approximately 1748- Space 1870 square feet in the retail facility known as 3. Utilities Fee. The Utilities Fee is $ N/A . If Licensee utilizes an amount of electricity greater than the average of other licensees during the pay period, Licensor may rom Ime o ime bill Licensee for the reasonable cost to Licensor of such extra electricity. Licensee may also make arrangements to transfer utilities and pay directly to utility company as available and approved by Licensor. 4. Sales Report. N/A 5. Late Charges. N/A 6. Licensee further agrees that it shall, at its sole cost and expense: (A) At all times maintain the License Area in good, clean and safe condition and on the expiration date of the Term of this License shall return the License Area to Licensor in broom clean condition and restored to at least as good a condition as it was in before Licensee took possession. No work shall be performed in or to the License Area without Licenser's pnor written approval. (B) At all times observe and comply with all laws, ordinances, rules, regulations and code requirements, Including those of the Center management and Licensor, as well as secure all permits and licenses required by law. At all times conduct its activities in a lawful manner and In accordance with Licensor's specifications, and dress in a professional Image and in a manner that will complement the aesthetics of the License Area and the Center. Licensee and its employees shall wear appropriate attire at all times while in the Center as determined by Licensor in its sole discretion. In addition, Licensee shall conduct its activities in accordance with the standards of good taste, refrain from permitting or conducting any illegal or immoral activities in the License Area, and shall not cause a nuisance to Licensor, its tenants or customers. Licensor shall be the sole judge as to what constitutes good taste and immoral or nuisance activities. (Cl Licensee covenants and agrees that from and after the date of delivery of the License from Licensor to Licensee, and during the iTarm of this License or any renewal thereof, Licensee will carry and maintain, of its sole cost and expense, the following types of insurance, naming both Licensee, owner, and Licensor as insureds, commercial general liability insurance Issued by an Insurance company authorized to do business in the state in which the License Area is located and rated A-NII or better in the most current edition of Bests Insurance Report, which shall include broad form property damage liabil ty coverage, extended bodily injury coverage, advertisingg InJliry-liability coverages co ntractuaHiabAty-coverage-and independent conVa ors -coverage m an amount not less than $1,000,000, adJusted annually for infation, written on a combined single limit per occurrence basis for property -damage, personal -injury -and bodily injury or death of one or more persons. A certificate of insurance will be provided by Licensee as require dd by Licensor with appropriate entitles listed as additional named Insured. (D) Indemnify, defend with counsel acceptable to Licensor, and hold harmless Licensor and Owners, and their principals, officers, directors, agents, employees, mor%gee(s), ground lessors, associated business entities, and all of their heirs, predecessors, successors and assigns from and against all legal acttions, liabilities, obliggations, damages, penalties, claims, cost, charges and expenses, including reasonable attorneys' fees which may arise in any manner ouf of Licensee's use, operation, or maintenance of the License Area or the Center and/or in connection with loss of life, bodily or personal injury or property damage arising from or out of all acts, failures omissions or negligence of Licensee, its agents, empplo ees or contractors which occur in, on or about the License Area, unless such legal action, damage, loss, liability or other expense (including attorneys' fees) results from any sole act, omission or neglect of Licensor, its agents, contractors, employees or persons claiming through it or them. 9. Hours of Operation. Licensee shall operate 100% of the Licensed Area continuous )y and uninterrupted during the existence of this License in accordance with its terms. Licensee shall be open for business at the License Area during all regular Center hours, and at such other hours as a majority of the other businesses operating at the Center are open. Accordingly, with respect to any day durinq the Term that Licensee shall fail to a open for the hours provided for above, Licensee shall pay a late opening/early closing charge of $50.00 per day, which shall become immediately due and payable. The late opening/early closing charge shall not preclude Licensor from seeking any other available remedy. 10. Default. Licensor may exercise any remedy available to it at law or in equity upon Licensee's breach or default of this License. Any breach or default by the Licensee under this License shall constitute a default under any other Agreement or Lease between Licensor and Licensee. Any breach or default under any other Agreement or Lease between Licensor and Licensee shall constitute a default under this License. Licensee will reimburse Licensor for any and all costs and expense including reasonable attorneys' fees which Licensor incurs in connection with the enforcement of this License. Licensee hereby agrees that Licensor shall have no duty to seek a court order or provide due process before evicting Licensee from the License Area and removing Licensee's property from the Center. Licensee hereby waives any right to a Iury trial in any lawsuit commenced in connection with this License. 11. Limitation Wight of Recovery Against Licensor. There shall be no personal liability of Licensor or Owner (nor any of their partners, beneficiaries, officers directors, venturers, shareholders or affiliated entities) in respect o any of the terms of this License. In the event of any breach or default by Licensor under this License, Licensee shall look solely to the equity of Owner in the Center for the satisfaction of Licensee's remedies. 12. This License may be modified only in a writing signed by Licensor and Licensee. 13. Notices. All notices or payments made pursuant to this License will be to the address above stated. 14. Rules. Licensee shall comply with all Rules which maybe made effective by Licensor from time to time. Failure to comply with any such Rules shall constitute a default in this License. 15. License Area Maintenance. Byy taking possession of the License Area, Licensee shall be deemed to have: i) inspected the License Area ii) accepted the License Area "AS IS" with no representation or warranty by Licensor as to the condition of the Licensor Area, its suitability for Licensee's proposed operation or the improvements therein; and iii) agreed that the Licensor has no obligation to improve or repair the License Area. Any improvements must be approved in advance by Licensor. 16. Repairs and Maintenance by Licensee. Licensee shall, at all times during the Term of this License, maintain, at its sole cost and expense, the License Area in good and tenantable condition and make all necessary replacements and repairs to the License Area except for structural repairs as directed by Licensor and utilizing contractors and matenals as Licensor shall indicate. Licensee's obligation o repair and maintain the License Area shall include, without limitation, repairing, maintaining and making replacements to such tems as: floor cover ngs, ceilings (other than structural ceilings), utility mete s, pipes and conduits, all fixtures which are installed by Licensee and/or which exclusively serve the License Area the s orefron ,all of Licensee's signs, security grilles, windows, glass and door frames. In add Rion to all other remedies of Licensor under this License, if: i) Licensee does not complete its obligations to repair and maintain the License Area as set forth herein; or ii) Licensor, in the exercise of its sole discretion, determines that emergency repairs are necessary; or iii) repairs or replacement of any portion of the License Area or the Center are made necessary by any act, omission or negligence of Licensee or Rs agents, employees or assignees, then in any such event. Licensor may make such repairs without liability to Licensee for any loss or damage that may accrue to Licensee, its merchandise, fixtures or other property or to Licensee's business by reason of such repair. Further, upon completion of any such repair, Licensee shall pa upon demand, as additional Fixed Fee Licensor's cost for making such repairs together with Licensor's administrative costs related thereto, which administrative costs shall equal 1.20 times the total cost of such repair. 17. Waiver of ResponsibilRy. Neither Licensor nor Owner, nor their principals, agents and employees shall be liable for, and Licensee waives, all claims for loss or damage, economic or otherwise, to Licensee's business or damage to person or property sustained by Licensee or any person claiming by, through or under Licensee resulting from any accident or occurrence in, on or about fhe License Area or any part of the Center, including, without limitation, claims for loss, the or damage resulting from: i) any equipment or appurtenances becoming out of repair; ii) injury done or occasioned by wind or weather; iii) any detect in or failure to operate, for whatever reason, any sprinkler, heating or air-conditioning equipment, electric wiring or the installation thereof, gas, water or steam pipes, stairs, porches, railings or walks; iv) broken glass; v) the backing up of any sewer pipe or downspout; vi) the bursting, leaking or running of any tank, tub wasgstand, water closet waste pipe, drain or other pipe; v(() the escape of steam or water, viii) water, snow or ice being upon or coming through the roof, skylight, trap door, stairs doorways, windows, walks or any other place upon or near the Center; ix) the falling of any fxture, piaster, tile, stucco or other material; x} any act, omission or negligence of other licensees or any other persons or occupants of the Center or of adjoining or contiguous buildings, of owners of ad acent or contiguous property or the public, or by operation in the construction of any private, public orquasi-public work; xi) any lack of or impeded access to the Center; xii) failure of Licensor or Owner to advertise or market; xiii) the failure of Licensor or Owner to light or otherwise maintain the parking or other common areas; or xiv) any other cause of any nature. o the maximum extent permitted by law Licensee agrees to use and occupy the License Area, and to use such other portions of the Center as Licensee is herein given the right to use, at Licensee's own risk. 18. Waiver of Right of Recovery. Licensee hereby releases and waives all right of recovery which it might otherwise have against Licensor, owner, the other tenants of the Center, and their respective agents and employees by reason of any loss or damage resulting from any recovery claim, action or cause of action against Licensor or Owner, damage or inju or other occurrence no matter how caused, to the extent that the same is covered by the Licensee's insurance (assuming no deduct�le) or which would have been covered had Licensee complied with the requirements of Section 6(C) of this License. 19. Signage. The Licensee is responsible for all store signage, includingg interior and exterior signs. All signage must be professionally constructed and pre -approved by Licensor before installation. Hand-wriffen siggns are not permitted. 20. Visual Merchandising. The Licensee shall comp) with the visual merchandsing standards adopted by or promulgated by Licensor and is required to submit a visual merchandising plan for approval. The Licensee understands and aggrees to implement visual merchandising recommendations of the Licensor and change visual merchandising presentation as requested bythe Licensor. 21. Security. Licensee shall be responsible for ifs own security duringq daytime and nighttime hours. Licensor shall not be liable for the security of tenant's displays, fixtures and/or merchandise in the License 4rea. notice. 22. Access. Licensor shall have the right to access the License Area and Licensee's place of business at all times without prior 23. Trash and Refuse Removal. Licensee shall remove, at its sole cost and expense, all trash and refuse in an expedient and orderly manner. All such trash and refuse shall be kept completely within the License Area and out of the public view until so removed. If trash service is provided by Licensor, the Licensee will be responsible to pay the appropriate fee for this service, as determined by the Licensor. 24. Confidentiality. N/A 25. Informational Use. Any informational material which is or has been provided to Licensee is for reference only and no representations or warranties are made concerningg any item contained therein including, without limitation, applicability of the material to any particular business or location. Use of this maferial is solely at the user's risk and discretion. 26. Representations. Licensee acknowledges that Licensor has made no representations concerning the possibility of any extension or continuance of this License, other than as specifically stated in this License. 27. Personal Guaranty. N/A 28. Additional Terms. Licensee agrees to improve spare at Licensee's expense and must conform to Forest City's specification approved by Tenant Coordination. LICENSEE: ompaa Nam -I appucaDle By: n ame GUARANTOR: (Tks Is a personal sign M arM tfm personal 4abikty) Date Signed: LICENSOR: FOREST CITY COMMERCIAL MANAGEMENT, INC. acting as authorized agent nNa.)' Date Signed: CITY OF TEMECULA Broker/Dealer Questionnaire FIRM INFORMATION m- Firm Name: Address: Phone No: ( 1 Firm is (select one): ❑ Broker ❑ Dealer REPRESENTATIVE INFORMATION Sales Representative: Title: Phone No: ( 1 Supervising Representative: Title: Phone No: 1 1 BUSINESS STATUS/HISTORY YES NO Is your firm a primary dealer in U.S. Government securities? ❑ ❑ If yes, for how long? Are the following instruments regularly offered by your firm? T-Bills ❑ ❑ T-Notes/Bonds ❑ ❑ Banker's Acceptances (Domestic) ❑ ❑ Banker's Acceptances (Foreign) ❑ ❑ Commercial Paper ❑ ❑ Certificates of Deposit ❑ ❑ Medium Term Notes ❑ ❑ Mutual Funds (eligible for public investment) ❑ ❑ Agencies (please specify) ❑ ❑ Have any of your firm's public sector clients sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of a financial instrument that was recommended by and purchased through your firm? (If yes, please explain on a separate sheet.) ❑ ❑ Have any of your firm's public sector clients claimed, in writing, that your firm was responsible for any investment losses? (If yes, please explain on a separate sheet.) ❑ ❑ Has your firm been subject to any litigation, arbitration or regulatory proceedings, either pending, adjudicated or settled, that involved allegations of improper, fraudulent, disreputable or unfair activities related to the sale of securities or to the purchase of securities from institutional clients? (If yes, please explain on a separate sheet.) ❑ ❑ Has your firm been subject to a regulatory, state or federal agency investigation for alleged improper, fraudulent, disreputable, or unfair activities related to the purchase or sale of securities? (If yes, please explain on a separate sheet.) ❑ ❑ What is the net capitalization of your firm? What are your wire and delivery instructions? TRADING PERSONNEL Please identify all personnel who will be trading with or quoting levels to the City of Temecula: NAME: TITLE: PHONE: #YRSW/FIRM Do each of the above individuals currently hold valid licenses to YES NO trade securities on behalf of the institution? ❑ ❑ REFERENCES Please identify your most closely comparable governmental local agency clients in our geographical area: AGENCY: CONTACT: PHONE: # YRS CLIENT CERTIFICATION I hereby certify that I have personally read the City of Temecula's Investment Policy and the California Government Codes pertaining to the investments of the City of Temecula, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of Temecula's investment objectives, strategies and risk constraints whenever we are so advised. We pledge to exercise due diligence in informing the City Treasurer staff of all foreseeable risks associated with financial transactions conducted with our firm. We further pledge not to offer the City of Temecula any types of securities not authorized by both the City of Temecula's Investment Policy and California Law. I attest to the accuracy of our responses to your questionnaire. Additionally, all sales personnel will be routinely informed of your investment objectives, horizon, outlook, strategies, and risk constraints whenever we are so advised. We will notify you immediately by telephone and in writing in the event of material adverse change in our financial condition. The supervising officer agrees to exercise due diligence in monitoring the activities of other officers and subordinate staff members engaged in transaction with the City of Temecula. SIGNED: PRINTED NAME: TITLE: DATED: This section must be countersigned by the Managing Director or by the most senior person in charge of the government securities operations sections. SIGNED: PRINTED NAME: TITLE: DATED: REQUESTS TO SPEAK Date REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. I wish to speak on Agenda Item No. For - /\1-- Against Subject: N,4H'l� �02 6-AC,e� P�42.E Name: Ab/+� -5e" //i/ Phone: & Address: ✓ City/State/Zip: Lc)(2JAIA X �i Z g�Y If you are representing an organization or group, please give the name: rAAID R2r\ C__ Efc7�Es The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record. REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. Thank You. Date 2-2,7-0 For Nara I wish to speak on Agenda Item Against u-e— b ro c-&-f e- Name: T6U ��rent}}d � Phone: Address: City/State/Zip: T 4"ec- LU0.i 0 ql?"Sma�- If you are representing an organization or group, please give the name: IS-�ar� Ca � �Lte The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence 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: Address:. /City/State/Zip: Q If you are representing an organization or group, please give the name: The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name and city of residence for the record.