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HomeMy WebLinkAbout121404 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 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 DECEMBER 14, 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. wnezner zo;mivaze-uugazion. Public Information concerning existing litigation between the City and vario parties may be acquired by reviewing the public documents held by the Ci Clerk. Next in Order: Ordinance: No. 2004-16 Resolution: No. 2004-126 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Eve Craig Invocation: Pastor Mike Preston of Southwest Christian Church Flag Salute: Mayor Pro Tem Comerchero ROLL CALL: Comerchero, Roberts, Stone, Washington, Nagger PRESENTATIONS/PROCLAMATIONS A History in Stone R:\Agenda\121404 1 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk 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. 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. Resolution approving List of Demands RECOMMENDATION: 2.1 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 Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended June 30, 2004 RECOMMENDATION: 3.1 Receive and file the Comprehensive Annual Financial Statements, Auditor's Report, and Management's Discussion and Analysis (MD&A) for Fiscal Year ended June 30, 2004. R:\Agenda\121404 4 RECOMMENDATION: 4.1 Approve an agreement with Parsons Brinkerhoff Construction Services, Inc. in an amount not to exceed $48,577 for professional bridge inspection and construction engineering services for the Ynez Road Bridge (widen) over Santa Gertrudis Creek Road Undercrossing — Project No. LD04-051 CO — and authorize the Mayor to execute the agreement; 4.2 Authorize the City Manager to approve amendments to the agreement not to exceed the 10% contingency amount of $4,857.00. Development) RECOMMENDATION: 5.1 Approve and accept the Subdivision Improvement Agreement, Subdivision Faithful Performance and Labor and Materials Bonds as security for additional storm drain improvements for Tract Map No. 29305-1; 5.2 Direct the City Clerk to record the Improvement Agreement and file the Faithful Performance and Labor and Materials Bonds. 6 1-15/SR 79 South Ultimate Interchange Project (PW04-08) — Property Acquisition and TUMF Reimbursement Agreement RECOMMENDATION: 6.1 Appropriate $1,423,408 from Tribal Association of Sovereign Indian Nation (TASIN) funds and $4,000,000 from Transportation Uniform Mitigation FEE (TUMF) funds to the 1-1 5/SR 79 South Ultimate Interchange Project (PW04-08) for the acquisition of right-of-way; 6.2 Approve an advance of $4,000,000 from Capital Reserves to the 1-15/SR 79 South Ultimate Interchange Project (PW04-08) for the acquisition of right-of-way. RECOMMENDATION: 7.1 Approve Parcel Map No. 30798 in conformance with the Conditions of Approval; 7.2 Approve the Subdivision Improvement Agreement; 7.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Materials Bond and Monument Bond as security for the agreements. R:\Agenda\121404 Acceptance of Grant Deed — Harveston Community Park RECOMMENDATION: 8.1 Authorize acceptance of the Grant Deed for Harveston Community Park, located in the Harveston development and direct staff to proceed with the necessary actions to cause the deed to be recorded. 9 Police Department Office of Traffic Safety (OTS) Program Grant Funding RECOMMENDATION: 9.1 Increase estimated General Fund Grant Revenue by $29,220; 9.2 Appropriate $29,220 from General Fund Grant Revenue to the Police Department. 10 Resolution in Support of Legislation to Improve Infrastructure (At the request of Councilman Stone.) RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF LEGISLATION TO IMPROVE INFRASTRUCTURE AT THE LOCAL, STATE, AND FEDERAL LEVEL RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY R:Wgenda\121404 Next in Order: Ordinance: No. CSD 2004-01 Resolution: No. CSD 2004-15 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 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of December 7, 2004. Second Amendment to the Excel Landscape. Inc. — Maintenance Services Contract RECOMMENDATION: 2.1 Approve the Second Amendment to the contract with Excel Landscape, Inc. to provide a 3% Consumer Price Index (CPI) price increase in the amount of $35,772.00 and to allow for the addition of new and supplemental landscape maintenance service areas in the amount of $169,224.00; RMgenda\121404 2.2 Authorize the annual expenditure of $1,397,340.00 for landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, and new and supplemental landscape maintenance service areas, and authorize the City Manager to approve a 10% contingency for extra work items in the amount of $139,734.00. 3 First Amendment to the Midori Gardens. Inc. — Maintenance Services Contract RECOMMENDATION: 3.1 Approve the First Amendment to the contract with Midori Gardens, Inc. to provide a 3% Consumer Price Index (CPI) price increase in the amount of $10,800.00 and to allow for the addition of new and supplemental landscape maintenance service areas in the amount of $40,800.00; 3.2 Authorize the annual expenditure of $411,600.00 for landscape maintenance services for neighborhood parks and new and supplemental landscape maintenance service areas, and approve 10% contingency for extra work items in the amount of $41,160.00. DEPARTMENTAL REPORT DIRECTOR OF COMMUNITY SERVICES REPORT GENERAL MANAGER'S REPORT BOARD OF DIRECTORS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, January 11, 2005, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. RAAgenda\121404 Next in Order: Ordinance: No. RDA 2004-01 Resolution: No. RDA 2004-13 CALL TO ORDER: Chairperson Jeff Comerchero ROLL CALL AGENCY MEMBERS: Naggar, Stone, Roberts, Washington, Comerchero PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of December 7, 2004. 2 Component Unit Financial Statements for Fiscal Year ended June 30, 2004 RECOMMENDATION: 2.1 Receive and file the Temecula Redevelopment Agency Component Unit Financial Statements for Fiscal Year ended June 30, 2004. R:Wgenda\121404 3 RECOMMENDATION: 3.1 Reject the bid proposal submitted by Pete & Sons Construction, Inc. for Project No. PW02-20 — Old Town Southern Gateway Landscaping; 3.2 Award a construction contract for Project No. PW02-20 Old Town Southern Gateway Landscaping to International Pavement Solutions in the amount of $351,930.50 and authorize the Agency Chairman to execute the contract; 3.3 Award a maintenance contract for Project No. PW02-20 Old Town Southern Gateway Landscaping to International Pavement Solutions in the amount of $3,600.00 and authorize the Agency Chairman to execute the contract; 3.4 Authorize the Executive Director to approve change orders not to exceed the contingency amount of $35,553.05 which is equal to 10% of the combined contract amount; 3.5 Transfer $40,000.00 from the Escallier House Relocation to the Old Town Southern Gateway Landscaping project construction account no. 280-190-833- 5804. DEPARTMENTAL REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBERS' REPORTS ADJOURNMENT Next regular meeting: Tuesday, January 11, 2005, City Council Chambers, 43200 Business Park Drive, Temecula, California. RAgenda\121404 8 RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: City Council, Tuesday, January 11, 2005, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. RECEPTION HONORING OUTGOING CITY COUNCILMAN AND INCOMING SUPERVISOR -ELECT JEFF STONE Music Provided by Eve Craig R:Wgenda\121404 ITEM 1 ITEM 2 RESOLUTION NO. 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $927,550.42. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED, this 14'" day of December, 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 14`h day of December, 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 12/02/04 TOTAL CHECK RUN: 3 572,761.16 12/02/04 TOTAL PAYROLL RUN: 354,789.26 TOTAL LIST OF DEMANDS FOR 12/14/04 COUNCIL MEETING: $ 927,550.42 DISBURSEMENTS BY FUND: CHECKS: 001 GENERALFUND $ 469,394.90 165 RDA DEV-LOW/MOD SET ASIDE 5,065.26 190 COMMUNITY SERVICES DISTRICT 53,427.23 192 TCSD SERVICE LEVEL B 83.74 193 TCSD SERVICE LEVEL C 3,849.24 194 TCSD SERVICE LEVEL D 702.44 210 CAPITAL IMPROVEMENT PROJ. FUND 11,649.50 280 REDEVELOPMENT AGENCY-CIP 3,058.46 300 INSURANCE FUND 430.80 320 INFORMATION SYSTEMS 18,047.64 330 SUPPORTSERVICES 2,319.15 340 FACILITIES 4,732.80 $ 572,761.16 001 GENERALFUND $ 249,103.91 165 RDA-LOW/MOD SET ASIDE 5,467.34 190 COMMUNITY SERVICES DISTRICT 59,967.49 192 TCSD SERVICE LEVEL B 114.92 193 TCSD SERVICE LEVEL C 4,755.52 194 TCSD SERVICE LEVEL D 820.99 280 REDEVELOPMENT AGENCY-CIP 3,055.34 300 INSURANCE FUND 727.76 320 INFORMATION SYSTEMS 20,842.73 330 SUPPORTSERVICES 3,122.38 340 FACILITIES 6,810.88 354,789.26 TOTAL BY FUND: $ 927,550.42 PREPARED BY JADA YONKER, ACCOUNTING SPECIALIST I , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. GENIE ROBERTS, DIRECTOR OF FINANCE HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAW N NELSON, CITY MANAGER CITY OF TEMECULA ' LIST OF DEMANDS 12/02/04 TOTAL CHECK RUN: $ 572,761.16 12/02/04 TOTAL PAYROLL RUN: 354,789.26 TOTAL LIST OF DEMANDS FOR 12/14/04 COUNCIL MEETING: $ 927,550.42 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 469,394.90 165 RDA DEV-LOW/MOD SET ASIDE 5,065.26 190 COMMUNITY SERVICES DISTRICT 53,427.23 192 TCSD SERVICE LEVEL B 83.74 193 TCSD SERVICE LEVEL C 3,849.24 194 TCSD SERVICE LEVEL D 702.44 210 CAPITAL IMPROVEMENT PROJ. FUND 11,649.50 280 REDEVELOPMENT AGENCY-CIP 3,058.46 300 INSURANCE FUND 430.80 320 INFORMATION SYSTEMS 18,047.64 330 SUPPORTSERVICES 2,319.15 340 FACILITIES 4,732.80 $ 572,761.16 001 GENERAL FUND $ 249,103.91 165 RDA-LOW/MOD SET ASIDE 5,467.34 190 COMMUNITY SERVICES DISTRICT 59,967.49 192 TCSD SERVICE LEVEL B 114.92 ' 193 TCSD SERVICE LEVEL C 4,755.52 194 TCSD SERVICE LEVEL D 820.99 280 REDEVELOPMENT AGENCY-CIP 3,055.34 300 INSURANCE FUND 727.76 320 INFORMATION SYSTEMS 20,842.73 330 SUPPORTSERVICES 3,122.38 340 FACILITIES 6,810.88 354,789.26 TOTAL BY FUND: $ 927,550.42 PREPARED BY ADDA YONKER, CC/OUNTING SPECIALIST I 'C �/�� %c-� ,HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. GENIE`RO DIRECYb OF FINANCE I , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. SHAW N NELSON, CITY MANAGER apChkLst 12/02/2004 4:03:19PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK OF CALIFORNIA Check If Date Vendor Description Amount Paid Check Total 412 12/02/2004 000444 INSTATAX (EDD) State Disability Ins Payment 17,748.84 17,748.84 413 12/02/2004 000283 INSTATAX (IRS) Federal Income Taxes Payment 67,162.69 67,162.69 414 12/02/2004 001065 NATIONWIDE RETIREMENT SO Nationwide Retirement Payment 16,617.97 16,617.97 415 12/02/2004 000246 PERS (EMPLOYEES' RETIREME PERS ER Paid Member Contr Payme 89,729.09 89,729.09 416 12/02/2004 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 2,382.22 2,382.22 417 12/02/2004 000245 PERS (HEALTH INSUR. PREMIU PERS Health Admin Cost Payment 57,173.99 57,173.99 96269 11/29/2004 000348 ZIGLER, GAIL raffle prizes for holiday party: 1213 1,000.00 1,000.00 96270 12/02/2004 008142 A B C BOUNCE COMPANY Jumpers for Breakfast w/Santa 383.00 383.00 96271 12/02/2004 003552 A F L A C AFLAC Cancer Payment 1,757.80 1,757.80 96272 12/02/2004 001700 A PLUS TEACHING MATERIALS CRC Tiny Tots Program 44.46 44.46 96273 12/02/2004 001515 ASAP Citywide weed abatement svcs 7,401.00 7,401.00 96274 12/02/2004 004148 AT&T Nov long distance svos: P.D. 93.77 93.77 96275 12/02/2004 005288 ADAMS, GREG Reimb:Prev 1B Course:11/17-21 130.00 130.00 96276 12/02/2004 004064 ADELPHIA Nov -Dec high speed internet svcs 40.95 40.95 96277 12/02/2004 002877 ALTA LOMA CHARTER LINES Sister city visitors airport transportation 506.27 Sister city visitors airport transportation 375.94 882.21 96278 12/02/2004 008359 ALVAREZ, LINDA Refund: Security deposit CRC 11/12 100.00 100.00 96279 12/02/2004 004240 AMERICAN FORENSIC NURSES DUI Drug & Alcohol Screening 378.45 378.45 96280 12/02/2004 008279 AMERICOMP INFOSYSTEMS I Microsoft Office 2003: Police Dept 903.27 903.27 Page:1 apChkLst 12/02/2004 4:03:19PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 96281 12/02/2004 000101 APPLE ONE INC. Temp Help PPE 11/13 Kasparian 518.40 Temp Help PPE 11/13 Buchanan 324.00 Temp help PPE 11/13 Torres 108.00 950.40 96282 12/02/2004 002381 BEAUDOIN, LINDA Retirement Medical Payment 598.24 598.24 96283 12/02/2004 004262 BIO-TOX LABORATORIES Oct DUI Drug & Alcohol Screening 644.68 Oct DUI Drug & Alcohol Screening 466.18 1,110.86 96284 12/02/2004 006721 BOISE CASCADE OFFICE High back chair: Finance Admin 190.07 Office Supplies: Finance 20.81 Office supplies: Code Enforcement 13.20 Office Supplies: Finance 11.61 235.69 96285 12/02/2004 004176 BROADWING Long distance & internet svcs 1,775.02 1,775.02 96286 12/02/2004 008366 BROMM, ROBERT AND PEGGY Refund: Security Depst:TCC 7/26/04 100.00 100.00 96287 12/02/2004 006908 C C & COMPANY INC Old Town Christmas entertainment 750.00 750.00 96288 12/02/2004 004462 C D W GOVERNMENT INC PCI Serial Card for Traffic Division 961.54 961.54 96289 12/02/2004 000154 C S M F O Award Prgm Application Fee 35.00 35.00 96290 12/02/2004 004248 CALIF DEPT OF JUSTICE/ACCT Sept DUI Drug & Alcohol Screening 2,975.00 Aug DUI Drug & Alcohol Screening 2,450.00 Credit: Billed wrong agency -1,330.00 4,095.00 96291 12/02/2004 003775 CHAPARRAL HIGH SCHOOL Donation for wreath decorating 150.00 150.00 96292 12/02/2004 004837 CHERRY VALLEY FEED & PET Dog Food for police K-9 59.80 59.80 96293 12/02/2004 008360 CIOTA, JORDAN Reimb: EMT/Paramedic Certif. 75.00 76.00 96294 12/02/2004 004405 COMMUNITY HEALTH CHARI Community Health Charities Payment 158.00 158.00 96295 12/02/2004 002945 CONSOLIDATED ELECTRICAL repair clr mh lamp: pala park 129.30 129.30 96296 12/02/2004 008365 CROWNE HILL RESERVE 29 LL Refund: Overpmt of Permit Fees 13.27 13.27 96297 12/02/2004 002990 DAVID TURCH & ASSOCIATES Dec Federal lobbyist svcs 3,000.00 3,000.00 Page2 apChkLst 12/02/2004 4:03:19PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK OF CALIFORNIA (Continued) Check if Date Vendor Description Amount Paid Check Total 96298 12/02/2004 008364 E T C O INVESTMENTS Refund: Overpmt of Permit Fees 880.35 880.35 96299 12/02/2004 005093 EAGLE'S PEAK CHARTER SCH Refund: Security Depst: TCC 10/15 150.00 150.00 96300 12/02/2004 005692 ELMO, ANTHONY Reimb:lnt'I Code Council:9/26-28/04 65.84 65.84 96301 12/02/2004 006487 EUROPEAN CAFE & VINEYARD Refreshments: Dutch Police Visit 235.70 235.70 96302 12/02/2004 000165 FEDERAL EXPRESS INC Express mail services 313.68 313.68 96303 12/02/2004 008363 FERNS, JAY Refund: Overpmt for Plan check fees 72.00 72.00 96304 12/02/2004 000166 FIRST AMERICAN TITLE Lot Book Report: Johnson 75.00 Lot Book Report: Russo 75.00 Lot Book Report: Bogdanski 75.00 Lot Book Report: Cockrell 75.00 Lot Book Report: Cavazos 75.00 Lot Book Report: Chiarelli 75.00 Lot Book Report: Sebanc 75.00 Lot Book Report: Delaney 75.00 600.00 96305 12/02/2004 002982 FRANCHISE TAX BOARD Support Payment 261.46 261.46 96306 12/02/2004 008362 FUNES, MARTHA Refund: Security depst: TCC 6/2104 100.00 100.00 96307 12t02r2004 000173 GENERAL BINDING CORPORAT Copy Ctr binding & lamination supplie 29.63 29.63 96308 12/02/2004 008361 GRAPE STOMPERS SO DANCE Refund: TCC Hall rental cancellation 75.00 75.00 96309 12/02/2004 000520 H D L COREN & CONE INC Oct -Dec Property tax consulting srvcs 3,600.00 3,600.00 96310 12/02/2004 001135 HEALTHPOINTE MEDICAL GRID New Hire Pre -employment physicals 155.00 155.00 96311 12/02/2004 005811 HEWLETT PACKARD COMPAN Laser Jet Printer Stand/Dolly:CIP 368.51 368.51 96312 12/02/2004 002107 HIGHMARK INC Voluntary Supp Life Insurance 622.70 622.70 96313 12JO212004 007449 HOUSER, GARY Reimb Agnnnt Pmt:Soundwall Impry 815.00 815.00 Page3 apChkLst 12/02/2004 4:03:19PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 96314 12/02/2004 004525 HUMANSCALE CORPORATION Setup HR ergonomic wrkstn 203.88 203.88 96315 12/02/2004 000194 1 C M A RETIREMENT TRUST 45 1 C M A Retirement Trust 457 Paymen 7,207.92 7,207.92 96316 12/02/2004 001407 INTER VALLEY POOL SUPPLY I Pool sanitizing chemicals 171.65 171.65 96317 12/02/2004 004862 INTL PAVEMENT SOLUTIONS I Prgss pmt:Citywide Concrete Repairs 150,624.00 150,624.00 96318 12/02/2004 000750 INTOXIMETERS INC Repair police alcohol sensor 95.84 95.84 96319 12/02/2004 004908 JIFFY LUBE 1878 City Vehicle Repair/Maint Svcs 33.50 33.50 96320 12/02/2004 002424 KELLEY DISPLAY INC Banner Pgrm:RDA Car Show 174.98 174.98 96321 12/02/2004 004062 KUSTOM SIGNALS INC Battery charger for radar trailer 289.12 289.12 96322 12/02/2004 000869 LAW RENCE W ELK RESORT TH 12/16 Sr Excursion:Welk Christ 675.00 675.00 96323 12/02I2004 004905 LIEBERT, CASSIDY & W HITMOR Oct HR legal svcs for TE060400001 4,851.00 4,851.00 96324 12/02/2004 003726 LIFE ASSIST INC Supplies For Paramedic Squad 345.00 Supplies For Paramedic Squad 147.24 492.24 96325 12/02/2004 003782 MAIN STREET SIGNS Street Name Sign "City Of Temecula" 26.66 26.66 96326 12/02/2004 003076 MET LIFE INSURANCE Met Life Dental Payment 8,084.64 8,084.64 96327 12/02/2004 001905 MEYERS, DAVID WILLIAM TCSD Instructor Earnings 416.00 416.00 96328 12/02/2004 004894 MICHAEL BRANDMAN ASSOCIA 8/28-9/24/04 SvGS:Pech. Pkwy Ph 1,073.50 1,073.50 96329 12/02/2004 008354 MICHELLE SHERRY setup fee:photography svcs: 12/3/04 125.00 125.00 96330 12/02/2004 007096 MUSICIANS WORKSHOP Community Service Funding Award 5,000.00 5,000.00 96331 12/02/2004 001986 MUZAK -SOUTHERN CALIFORN Dec "On -Hold" Phone Music:Cit 120.86 120.86 PageA apChkLst 1210212004 4:03:19PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 96332 12/02/2004 000727 NATIONAL FIRE PROTECTION 2005 membership:H.W.:2915497X 135.00 135.00 96333 12/02/2004 008367 NEWMAN, OLIVIA C Refund:Sec. Deposit:CRC 8/10/04 100.00 100.00 96334 12/02/2004 002105 OLD TOWN TIRE & SERVICE City Vehicle Repair/Maint Svcs 260.68 City Vehicle Repair/Maint Svcs 141.83 402.51 96335 12/02/2004 002256 P & D CONSULTANTS INC Oct temp help bldg inspector: R.H. 10,881.36 10,881.36 96336 12/02/2004 005850 PAISNER, WILLIAM Refund:Sec. Deposit:CRC 11/06/04 100.00 100.00 96337 1210=004 004074 PARTY CITY OF TEMECULA IN supplies for TCSD holiday events 72.72 72.72 96338 12/02/2004 000733 PARTY PZAZZ linen rental:Veteran's Mem. dedication 58.74 linen rental: Japan Garden Dedication 9.79 68.53 96339 12/02/2004 001958 PERS LONG TERM CARE PROG PERS Long Tenn Care Payment 288.55 288.55 96340 12/02/2004 000249 PETTY CASH Petty Cash Reimbursement 502.75 Petty Cash Reimbursement 336.68 839.43 96341 12/02/2004 001999 PITNEY BOW ES Jan -Mar postage meter rental 269.11 269.11 96342 12/02/2004 002185 POSTMASTER - TEMECULA Dec Community Newsletter postage 4,080.00 4,080.00 96343 12/02/2004 005820 PRE -PAID LEGAL SERVICES I Prepaid Legal Services Payment 359.75 359.75 96344 12/02/2004 004792 R H A LANDSCAPE ARCHITECT Oct dsgn svcs: Pablo Apis Park 325.00 325.00 96345 12/02/2004 002612 RADIO SHACK INC misc. supplies: I.S. Dpt 34.96 34.96 96346 12/02/2004 000262 RANCHO CALIF WATER DIST Various Water Meters 433.89 Nov 01-08-38009-0 Fire Stn 92 41.90 475.79 96347 12/02/2004 003591 RENES COMMERCIAL MANAGE Clean-up Channels @ var. locations 2,100.00 2,100.00 96348 12/02/2004 008370 REYES, LUCINA Refund:Sec. Deposit:TCC 100.00 100.00 96349 12/02/2004 007402 RICHARD BRADY & ASSOCIATE Oct Dsgn Svcs: Maint Fee Expansion 9,436.00 9,436.00 Pages apChkLst 12/02/2004 4:03:19PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check# Date Vendor Description Amount Paid Check Total 96350 12/02/2004 003072 RIVERSIDE AREA RAPE CRISIS Community Service Funding Award 5,000.00 5,000.00 96351 12/02/2004 000418 RIVERSIDE CO CLERK & Oct Copy Fees: PW/RDA 12.00 12.00 96352 12/02/2004 001592 RIVERSIDE CO INFO Oct emerg. radio rentals: Police 627.00 627.00 96353 12/02/2004 000955 RIVERSIDE CO SHERIFF SW ST Fall Rod Run patrol svcs:10/9/04 12,120.60 Race for Cure patrol svc:10/17/04 4,422.49 Tractor Race patrol svc:10/2-3/04 3,830.16 Polling Place Security:11/2/04 1,714.12 22,087.37 96354 12/02/2004 003587 RIZZO CONSTRUCTION INC add'I electrical work: O.T. Front Street 750.00 750.00 96355 12/02/2004 000873 ROBERTS, RONALD H. Reimb:Nakayama trip: 10/31-11/9 95.34 95.34 96356 12/02/2004 007582 SAFEGUARD DENTAL & VISION Safe Guard Vision Plan Payment 992.18 992.18 96357 12/02/2004 005227 SAN DIEGO COUNTY OF Support Payment 25.00 25.00 96358 12/02/2004 006815 SAN DIEGO, COUNTY OF Support Payment 12.50 12.50 96359 12/02/2004 003492 SCHOLASTIC SPORTS fall sports poster sponsor ad: NHS 100.00 100.00 96360 12/02t2004 003492 SCHOLASTIC SPORTS ftbll prgm/media guide spnsr ad:CHS 100.00 100.00 96361 12/02/2004 003492 SCHOLASTIC SPORTS ftbll prgm/media guide spnsr ad:GOH 100.00 100.00 96362 12/02/2004 004609 SHREDFORCE INC Nov doc shred svcs: Rcrds Mgmt 110.00 Nov doc shred svcs: O.T. P.D. Stn 24.00 134.00 96363 12/02/2004 000645 SMART & FINAL INC holiday supplies:tcsd special events 196.09 196.09 96364 12/02/2004 000537 SO CALIF EDISON Nov 2-02-351-4946 Sr Center 729.57 Nov 2-18-937-3152 T. Museum 572.63 Nov 2-22-891-0550 various mtrs 306.17 Nov 2-11-007-0455 6th Street 274.49 Nov 2-20-817-9929 O.T. P.D. Stn 168.64 Nov 2-21-911-7892 O.T. Prk Lot 149.88 Nov 2-19-171-8568 Wedding Chpl 74.28 Nov 2-21-981-4720 Hwy 79 61.37 Nov 2-14-204-1615 Front St Rdio 27.76 2,364.79 Pages apChkLst Final Check List Page: 7 12/02/2004 4:03:19PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 96365 12/02/2004 001212 SO CALIF GAS COMPANY Nov City facilities gas meters 3,756.21 Nov 095-167-7907-2 Fire Sin 84 205.10 3,961.31 96366 12/02/2004 005786 SPRINT 10/15-11/14/04 Acct Level Chrgs 36.56 36.56 96367 12/02/2004 000293 STADIUM PIZZA Refreshments:Tcc Training: 116.51 Rfrshmnts:fall skaters challenge 10/16 74.89 191.40 96368 12/02/2004 007762 STANDARD OF OREGON Mandatory Life Insurance Payment 2,502.50 2,602.50 96369 12/02/2004 005607 STORCHHEIM, ROBERT bldg dept newsletter subscription 38.00 38.00 96370 12/02/2004 000305 TARGET STORE supplies for TCSD holiday events 37.69 supplies for TCSD holiday events 15.06 52.75 96371 12/02/2004 008371 TEA (THEMED ENTERTAINMEN THEA awards banquet:TCSD staff 1,800.00 1,800.00 96372 12/02/2004 001547 TEAMSTERS LOCAL 911 Union Dues Payment 3,808.00 3,808.00 96373 12/02/2004 006465 TEMECULA AUTO REPAIR Paramedic vehicle maint/repair 2,793.15 Repair GEM vehicle: Police 2,619.11 Repair GEM vehicle xx975: Police 2,350.81 7,763.07 96374 12/02/2004 000919 TEMECULA VALLEY UNIFIED S Oct vehicle fuel usage: PW 594.76 Oct vehicle fuel usage: B&S Dpt 325.56 Oct vehicle fuel usage: PW Maint 157.84 Sep vehicle fuel usage: Police 15.32 1,093.48 96375 12/02/2004 003849 TERRYBERRY COMPANY svc award pins/safe driving pins 1,060.37 1,060.37 96376 12/02/2004 005873 TRI AD ACTUARIES INC Child Care Reimbursement Payment 7,180.77 7,180.77 96377 12/02/2004 000325 UNITED WAY United Way Charities Payment 368.00 368.00 96378 12/02/2004 004819 UNUM LIFE INS. CO. OF AMERI Long Term Disability Payment 6,839.20 6,839.20 96379 12/02/2004 008369 VALDEZ, ELLEN Refund:Kids Love Soccer 35.00 35.00 96380 12/02/2004 004261 VERIZON Nov xxx-2016 general usage 217.83 Nov xxx-3526 fire alarm 84.65 Nov xxx-2676 general usage 28.22 330.70 96381 12/02/2004 004789 VERIZON INTERNET SOLUTION Internet svcs @ O.T. P.D. Stn 42.35 42.35 Page:? apChkLst Final Check List 12/02/2004 4:03:19PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid 96382 12/02/2004 007208 VINCES SPAGHETTI EXPRESS Refreshments:TCC training:t 1/13104 172.60 96383 12/02/2004 008368 VOGT, KAREN Refund:Cake Decoration -Kids 5.00 96384 12/02/2004 003063 WEAVER PACIFIC PUBLICATI w/s & s/f San Diego pocket guides 6,292.80 96385 12/02/2004 004774 WOODCREST UNIFORMS telescoping stock equip: Police 384.83 Grand total for UNION BANK OF CALIFORNIA: Page: 8 Check Total 172.60 5.00 6,292.80 384.83 572,761.16 PageB ITEM 3 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/ City Council FROM: Genie Roberts, Director of Finance DATE: December 14, 2004 SUBJECT: Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2004 PREPARED BY: Jason Simpson, Assistant Finance Director RECOMMENDATION: That the City Council receive and file the Comprehensive Annual Financial Statements, Auditor's Report, and Management's Discussion and Analysis (MD&A) for Fiscal Year Ended June 30, 2004. BACKGROUND: As a result of a new accounting rule, Governmental and Accounting Standards Board's (GASB) Statement Number 34, Basic Financial Statements and Management's Discussion and Analysis (MD&A) for State and Local Governments, the City is required to change the presentation of its annual financial statements and analysis effective with the fiscal year ending June 30, 2003. This is the second year the City has presented its financial results in this format. Staff has reviewed and approved the reports with Diehl, Evans & Company, LLP. FISCAL IMPACT: None. ATTACHMENTS: Comprehensive Annual Financial Report (CAFR) ITEM 4 CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: 14William G. Hughes, Director of Public Works/City Engineer DATE: December 14, 2004 SUBJECT: Professional Services Agreement for Bridge Inspection Services — Parsons Brinkerhoff Construction Services, Inc. Ynez Road Bridge (Widen) over Santa Gertrudis Creek — LD04-051 CO PREPARED BY: Greg Butler, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council: Approve an agreement with Parsons Brinkerhoff Construction Services, Inc. in an amount not to exceed $48,577 for professional bridge inspection and construction engineering services for the Ynez Road Bridge (Widen) over Santa Gertrudis Creek Road Undercrossing, Project No. LD04- 051CO, and authorize the Mayor to execute the agreement. 2. Authorize the City Manager to approve amendments to the agreement not to exceed the 10% contingency amount of $4,857.00. BACKGROUND: In gaining approval of the Harveston Development, the developer, Lennar Communities, was conditioned to provide numerous offsite improvements. The widening of the Ynez Road Bridge over Santa Gertrudis Creek is one of several conditioned improvements Lennar will be completing to mitigate the traffic impacts of the Harveston Development. Due to the specialized nature of bridge construction, it is necessary to supplement the public works inspection staff with a Bridge Inspector and Bridge Construction Engineer. Staff solicited proposals from 3 firms that employee individuals that have the specific expertise needed. Of the two firms that responded, Parsons Brinkerhoff Construction Services (PB) was selected to provide the needed services based upon the unique qualifications of their staff, their demonstrated capability with similar projects in the Inland Empire, and their demonstrated project understanding. FISCAL IMPACT: The professional services for the Ynez Road Bridge (Widen) over Santa Gertrudis Creek will be funded with inspection fees collected from the Developer, which will ultimately be reimbursed from Harveston CFD bond proceeds. The current authorization for this professional services agreement is $53,434.00, which includes the agreement in the amount of $48,577.00 plus a 10% contingency of $4,857. Adequate funds will be available in Account No. 001-2618. ATTACHMENTS: 1. Agreement with Parsons Brinkerhoff Construction Services, Inc. 2. Project Location R:\AGENDA REPORTS\2004\121404\PB Bndgelnsp.Agr.DOC AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES YNEZ ROAD BRIDGE (WIDEN) OVER SANTA GERTRUDIS CREEK LD04-051 CO THIS AGREEMENT is made and effective as of December 14, 2004, between the City of Temecula, a municipal corporation ("City") and Parsons Brinkerhoff Construction Services, Inc. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on December 14, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE. Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5,1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 5. PAYMENT. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit A other than the scope of work to be performed, payment rates and schedule of payment are null and void. This amount shall not exceed Forty Eight Thousand Five Hundred Seventy Seven Dollars and No Cents ($48,577.00) forthe total term of the Agreement unless additional payment is approved as provided in this Agreement. R:\Agreements\HarvestonCFD\Parsons Princkerhoff Agrmt b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement or twenty-five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 4. 7. DEFAULT OF CONSULTANT. a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or dutyto continue compensating Consultantfor any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi- fied and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 10. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. (4) Professional L iability I nsurance s hall b e w ritten o n a p olicy f orm providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. (4) Professional Liability coverage: Two million ($2,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (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. R:VAareements\HawestonCFD\Parsons Princkerhoff Aarmt (4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either 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. Consultant s hall f urnish t he C ity w ith o riginal endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned byfailure of the Consultant to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, I etters o f s upport, testimony a t d epositions, response t o i nterrogatories o r other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other parry under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Consultant: Parsons Brinckerhoff Construction Services Inc. 505 South Main Street, Suite 900 Orange, California 92868 Attention: Kim Evans, Project Administrator 15. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without priorwritten consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Rey Nocon and/or Charles Brownyard shall perform the services described in this Agreement. Rey Nocon and/or Charles Brownyard, may use assistants, undertheir direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days' notice prior to the departure of Rey Nocon and/or Charles Brownyard from Consultant's employ. Should he or she leave Consultant's employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses 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 Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 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 Parsons Brinckerhoff Construction Services, Inc 505 S. Main Street, Suite 900 Orange, CA 92868 (714)564-2719 Glen Suitor, Sr. Vice President Charlie Herndon, Sr. Vice President (Two Signatures of Corporate Officers Required For Corporations) EXHIBIT A TASKS TO BE PERFORMED AND PAYMENT RATES AND SCHEDULE Bridge Construction Services for Ynez Road Improvements Santa Gertrudis Creek Bridge Widening R:\Agreements\Ha"estonCFD\Parsons Princkerhoff Agrmt YERflS® November 16, 2004 Mr. Greg Butler Principal Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92589-9033 Parsons 707 Broadway Brinkerhoff Suite 1600 San Diego, CA 92101 619-338-9376 Fax: 619-338-8123 NOV 1 8 2004 RE: Bridge Construction Services for Santa Gertrudis Creek Bridge Widening Project Dear Mr. Butler: Per your recent conversation with Rey Nocon, Parsons Brinckerhoff Construction Services, Inc. (PB) is pleased to submit our letter of interest to provide professional bridge construction management services for the Ynez Road - Street Improvements - Santa Gertrudis Creek Bridge Widening Project. Ranked #2 in the nation by Engineering News Record (ENR), PB specializes solely in Construction Management (CM) and Inspection services. The majority of our work is on transportation infrastructures and capital improvements particularly bridges, interchange reconstructions, roadway realignment and widening and water conveyance. The key to our services is our available highly qualified staff. With a CM staff including 200 in the Western U.S. and over 70 in Southern California, PB has an extensive pool of resources from which to draw. PB personnel have had the privilege of providing CM and PM services as an extension of City staff on numerous local projects. Activities have included resident engineering, on -call inspection, constructibililty reviews, specification development, review of construction bid documents, project controls, and utilities coordination. We can offer the City a CM staff extremely familiar with local conditions, contractors, designers, utilities and stakeholder agencies. Attached you will find our cost proposal, as well as resumes of Rey Nocon, P.E. and Chuck Brownyard; staff available to support the City's project. We look forward to the opportunity to provide services to the City of Temecula. If you have additional questions please contact me or Rey Nocon at 619-247-4410. Sincerely, PARSONS BRINCKERHOFF CONSTRUCTION SERVICES, INC. G� or -R.l (r. •,.� � ,r, Donald W. Olson Vice President, Area Manager Over a Century of Engineering Excellence = COST PROPOSAL moo YEARS For Ynez Road Street Improvements, Santa Gertrudis Creek Bridge Widening From: PARSONS BRINCKERHOFF CONSTRUCTION SERVICES, INC. Approved: W 11AZI Date: November 16, 2004 Glenn W. Suitor, Senior Vice President To: City of Temecula November 16, 2004 Scope of Services 1- Review working drawings for deck forming, shoring, pier and abutment formwork 2- Perform as -built survey of existing bridge, prepare deck contours (4-scale) 3- Prepare grades for abut/pier wall and deck construction 4- Prepare grades for barrier rail construction 5- Provide full-time inspection for a pile driving b concrete pours for footings, abutment/pier walls, diaphragms, bridge deck c deck grinding d barrier rail 6- Provide part-time inspection, as needed, for all other bridge activities listed on staffing schedule. Prepared by PBCS, Inc. 11/17/2004 Page 1 PBCS COST PROPOSAL SUMMARY Ynez Road Street Improvements, Santa Gertrudis Creek Bridge Widening City of Temecula Project Start: Project End: Duration (months): 1-Dec-04 8-Apr-05 4.3 1) BURDENED LABOR COSTS REGULAR TIME 2) DIRECT EXPENSES: $44,548 TOTAL BURDENED LABOR COST ..;........y. _._,.�_. _ ... Fee @ 3% $117 TOTAL DIRECT EXPENSES TOTAL $48,577 Prepared by PBCS, Inc. 11/17/2004 Page 1 gI PBCS HOURLY RATE / COST SCHEDULE Ynez Road Street Improvements, Santa Gertrudis Creek Bridge Widening City of Temecula Project Start: 1-Dec-04 Project End: 8-Apr-OS Duration (months): 4.3 POSITION NAME FIRM December 1, 2004 to April 8, 2005 BURDENED TOTAL WA GE I HOURS COST" HRS YEAR 1 BILLING RATE I DIRECT WAGES 1 Project Manager/Engineer lRey Nocon PB 52 133.00 $6,916.00 52 $6,916 2 n ge nspe or Chuck Brown ar PB 392 96.00 37 632.00 392 37 632 444 $44,548 11 444 $44,548 $44,548 Prepared by PBCS, Inc. 11/17/2004 Page 1 PBCS ESTIMATED DIRECT EXPENSES Vnez Road street Improvements, Santa Gertrudis Creek Bridge Widening City of Temecula Project Start: 1-Dec-04 Project End: Ill Duration (months): 4.3 UNIT UNIT QTY COST ($) SUBTOTAL ($) TOTAL ($) A) LEASED VEHICLES/O&M Ford Escape Project Manager/Engineer Months 4 50 $200 Ford 150 PU Bridge Inspector Months 4 443 $1,772 Fuel LS 1 1,500 $1,500 $3,472 B) FIELD EQUIPMENT Monthly Nextel Service Months 4 60 $240 $240 C) MISCELLANEOUS TOOL / EQUIPMENT Tools/Equipment LS 1 200 $200 $200 TOTAL DIRECT EXPENSES $3,912 Prepared by PBCS, Inc. 11117/20D4 Page 1 REY NOCON, P.E. Project Manager/Engineer Years of Experience 19 Education B.S., Civil Engineering, San Diego State University, June 1983 Professional Affiliations American Society of Civil Engineers Professional Registrations Professional Engineer: California, 1986 (#41000) Key Qualifications Rey Nocon has nearly two decades of engineering experience specializing in design and construction management of major infrastructure projects. He has served as resident engineer on several multimillion -dollar construction contracts for both mass transit rail and highway projects. Rey also has extensive experience in project development, having served as project manager for the preparation of plans, specifications, and estimates (PS&E) for numerous bridge design projects. He has conducted constructibility reviews on a wide range of projects, including interchanges, seismic retrofits, bridge widening, and roadway construction. Prior to joining Parsons Brinckerhoff (PB), Rey served 10 years with the California Department of Transportation (Caltrans) Division of Structures, working primarily on structures construction projects, where he gained in-depth knowledge of Caltrans policies and procedures. Experience • Various Caltrans Projects, California: project engineer for numerous Caltrans retrofit design projects. Rey performed earthquake analysis of various structure types, including steel, concrete box, and precast box superstructures as well as construction feasibility studies for all retrofit PS&E prepared by the bridge design consultant. • Montezuma Road Overcrossing: project manager for the design of a $3.4M two span prestressed concrete box girder structure. Design details incorporated staged construction and analysis utilized Caltrans design criteria and procedures. Rey prepared complete project plans, specifications, and estimates, and provided construction support. The structure was successfully constructed with no complications. Bridge Resident Engineer, Various Projects, California: provided resident engineer services for several projects, including Rancheros Drive Bridge, a $1 M 260-foot-long structure spanning a large waterway; Marshall Avenue retaining wall, a $70.000 tieback anchor wall; and Harbor Drive Bridge, a $700,000 bridge replacement. He conducted construction feasibility studies for several design projects, including 40th Street Overcrossing structures, Mission Valley East LRT structures, and seismic retrofit projects. Route 52 Extension, California: bridge resident engineer for this $25M, 3-mile long state highway construction project. Project included eight multi -span prestressed concrete box girder bridges, retaining and sound walls, and radio towers, all constructed through native, environmentally sensitive terrain. Rey supervised a team of seven bridge engineers conducting contract administration, performing field inspections, and providing technical support for the structures construction. He identified and resolved numerous construction conflicts under conditions in which the contractor utilized an accelerated 60-hour/week work schedule to allow operations to proceed without delay. PARSONS BR/NCKERHOFF Nocon Interstate 8/Route 125 Interchange, San Diego, California: bridge resident engineer on this multi -contract project to reconstruct and expand a freeway -to -freeway interchange. Construction involved 28 multi -span bridges of various structure types, two miles of retaining walls, temporary detour bridges, and several bridge demolitions. The interchange was constructed over a 10-year period, requiring complex stage construction and traffic detouring, with nearly all bridge work constructed over traffic. San Ysidro Intermodal Transit Center, San Ysidro, California: project manager and resident engineer on this $13M project that involves new platforms for the Trolley, bus, taxi and jitney vehicles, realignment of the LRT track, a temporary shoofly, retaining walls, freeway ramp modifications, a new parking lot, a pedestrian bridge, utility relocations and landscaping. PB is providing constructibility review and CM services. Rey is responsible for the management and conduct of all field CM services, including three local subconsultants. Mission Valley East Light Rail Transit (LRT), San Diego, California: construction engineer for the final design of a $176M, 5.8-mile (9.3-kilometer) LRT extension for the Metropolitan Transit Development Board (MTDB). Rey oversaw the construction aspects of the final design, including contract scheduling and estimating, constructibility reviews, construction staging, and specifications. Project elements included heavy bridge construction, interchange modifications, channel improvements, and track and systems work constructed under four construction contracts. Mission Valley West LRT, San Diego, California: bridge resident engineer for both the Morena Segment and Stadium Segment contracts for this LRT construction project. Rey was responsible for the construction management of the structures element of the projects, consisting of three miles of elevated track structure, cast -in -place and mechanically stabilized earth walls, elevated stations, transit structures, and utility structures, with a total construction value of $60M. He supervised a team of 18 field staff to perform inspection, testing, surveying, reviews of contractor construction systems, and other construction engineering tasks. Rey also facilitated several constructibility sessions over the course of construction to resolve major problem areas so as to maintain project schedule. Mission Valley West Morena Segment, San Diego, California: resident engineer responsible for construction management, contract administration, and quality assurance for this $63M, 3.1-mile LRT extension. Construction consisted of 1.5 miles of elevated LRT structure, three stations, 2 miles of 78-inch sewer line, major grading and utilities, and a 15-acre environmental mitigation site. Construction management required significant railroad coordination with existing Amtrak and regional rail commuter lines. Constructed ballasted track for the at -grade sections, direct fixation track for elevated structures, and overhead catenary system for the traction power. Rey provided extensive interfacing with environmental personnel, city agencies, local community, and news media. The project was completed under budget and 2 months ahead of schedule. PARSONS BR/NCKERNOFF CHARLES "CHUCK" BROWNYARD Bridge Inspector Years of Experience 41 Education A.A., Math and Engineering, San Diego City College, 1965 Key Qualifications Charles Brownyard is a senior inspector with over four decades of experience, the majority in the San Diego area. Prior to joining PB, his entire career was spent working for Caltrans serving in various roles, including Bridge Construction, Inspector, Survey Party Chief, and Field Supervisor. Charles has extensive experience in field engineering, inspection for bridge and structures construction, surveying, and the implementation of Caltrans procedures for inspection. Experience • San Ysidro Intermodal Transit Center, San Ysidro, San Diego, California: senior inspector on this $13M project which involves new platforms for the Trolley, bus, taxi and jitney vehicles, realignment of the LRT track, a temporary shoofly, retaining walls, freeway ramp modifications, a new parking lot, a pedestrian bridge, a reinforced box culvert, extensive utility relocations and landscaping. Charles' responsibilities include field inspection of construction activities, contract administration, and preparing field reports. • Caltrans Division of Structures Construction. For 32 years Charles served as Bridge Construction Inspector on numerous infrastructure construction projects in District 11 (San Diego, Imperial, and San Bernardino Counties.) Projects included bridge widenings, freeways, interchange renovations, and light rail extensions, all ranging in construction cost from $1M to $130M. Charles was responsible for field inspection of construction activities and supervision of field staff. Duties included performing contract administration, preparing field reports, providing technical support to structures construction, reviewing falsework drawings, shoring, and other construction submittals, measuring and preparing progress payment quantities, and supporting preparation of change orders. Projects included: - I-8/Route 25 Interchange, La Mesa, CA, $130M - Route Freeway Extension, San Diego, CA, $25M - Coronado Bridge Retrofit, San Diego, CA, $5M - I-8/Route 67 Interchange, El Cajon, CA, $20M - 1-5/1-8 Bridge Retrofit, San Diego, CA, $20M - 1-805 Viaduct, San Diego, CA, $15M - MTDB South Line, Chula Vista, CA, $20M Caltrans - Division of Highways. Charles served as a survey party chief and field surveyor for six years on various engineering and construction projects in District 11. Tasks included preliminary surveys, construction staking, and monumentation surveys. PARSONS BR/NCKERHOFF a Q J N O O Z ITEM 5 APPROVAL CITY ATTORNEY DIRECTOR OF FINANC CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: /William G. Hughes, Director of Public Works/City Engineer DATE: December 14, 2004 SUBJECT: Bonds and Agreement for Additional Storm Drain Improvements in Tract No. 29305-1 (East of Pechanga Parkway and South of Loma Linda Road in the Wolf Creek Development) PREPARED BY;�nald J. Parks, Deputy Director of Public Works ve Charette, Associate Engineer RECOMMENDATION: That the City Council: APPROVE AND ACCEPT the Subdivision Improvement Agreement, Subdivision Faithful Performance and Labor & Materials Bonds as security for additional storm drain improvements for Tract Map 29305-1. 2. DIRECT the City Clerk to record the Improvement Agreement and File the Faithful Performance and Labor & Material Bonds. BACKGROUND: Tract 29305-1 is a twenty-two (22) lot subdivision located north of Wolf Valley Road and east of Pechanga Parkway within the Wolf Creek Development. On December 13, 2003, the City Council approved Tract Map No. 29305-1, and entered into Subdivision Improvement Agreements with Standard Pacific Homes. Subsequent to recordation of the map it was determined that additional storm drain improvements would be needed for the Wolf Creek Development. The additional improvements are requirements of the Water Quality Control Board and consist of a system of stormceptors that will collect pollutants from storm runoff before the runoff enters downstream channels. The agreement and bonds have been submitted by the developer to guarantee the construction of the stormceptors proposed to be constructed with Tract 29305-1. The following lists the additional bonds for drainage improvements and agreement secured by Standard Pacific Homes and posted by Safeco Insurance Company of America: Faithful Performance Bond No. 6304125 in the amount of $166,500 to cover stormceptor drainage improvements. Labor and Materials Bond No. 6304125 in the amount of $83,500 to secure labor and materials. FISCAL IMPACT: None i R:\AGENDA REPORTS\2004\121404\TM29305-1.BondsandAgreement.Stormeeptors.DOC ATTACHMENTS: 1. Project Vicinity Map 2. Subdivision Improvement Agreement (on file) 3. Subdivision Faithful Performance Bond (on file) 4. Subdivision Labor and Material Bond (on file) 2 RAAGENDA REPORTS\2004\121404\TM29305-1.BondsandAgreement.Stormceptors.DOC I W H U W r CY- z LC) o- U 3 W CY)0- N Wo d n a . o � O w . .', QQ OR z z W � U_ ry o � U to Q J yeti ry 3: Y6 V ITEM 6 APPROVAL CITY ATTORNEY DIRECTOR OF FINANG CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: 4illiam Ciity Manager/City Council FROM: G. Hughes, Director of Public Works/City Engineer DATE: December 14, 2004 SUBJECT: 1-15/SR 79 South Ultimate Interchange Project (PW04-08) Property Acquisition and TUMF Reimbursement Agreement PREPARED BY: Beryl Yasinosky, Management Analyst RECOMMENDATION: That the City Council: Appropriate $1,423,408 from Tribal Association of Sovereign Indian Nation (TASIN) funds and $4,000,000 from Transportation Uniform Mitigation Fee (TUMF) funds to the I- 15/SR 79 South Ultimate Interchange Project (PW04-08) for the acquisition of right-of- way. 2. Approve an advance of $4,000,000 from Capital Reserves to the 1-15/SR 79 South Ultimate Interchange Project (PW04-08) for the acquisition of right-of-way. BACKGROUND: On October 26, 2004, the City Council approved staff's recommendation to enter into a purchase agreement with Margarita Canyon, LLC for Assessor's Parcel Nos. 922- 210-060, 922-210-061 and 922-210-052 for the purpose of acquiring the necessary right-of-way for the future 1-15/SR 79 South Ultimate Interchange Project. The property is currently in escrow for the appraised valuation of $7,105,000, plus escrow fees and closing costs. As indicated in the Capital Improvement Program (CIP), revenues are identified for the purchase of this property through a combination of Tribal Association of Sovereign Indian Nation (TASIN) funds, and the Crown Hill and Morgan Hill Community Facilities Districts (CFD's). In September 2004, the Riverside County Transportation Commission (RCTC) approved the City's request for reimbursement of Regional TUMF Funding in the amount of $4,000,000 for right-of- way acquisition. It should be noted that at the time the CIP budget was prepared, TUMF was not anticipated as a viable funding source for this project in FY 2004-05. Upon completion of escrow, staff will execute the necessary documents for reimbursement of the $4,000,000 through the TUMF Reimbursement Program. FISCAL IMPACT: The 1-15/SR 79 South Ultimate Interchange Project (PW04-08) is identified in the City's Capital Improvement Program for FY 2005-09. Funding of $2,175,000 is currently available from the Crown Hill and Morgan Hill CFD's. In order to acquire the right-of-way for the project, it is necessary to appropriate $1,423,408 from Tribal Association of Sovereign Indian Nation (TASIN) funds and advance $4,000,000 from Capital Reserves to the 1-15/SR 79 South Ultimate Interchange Project (PW04-08). Upon execution of the TUMF Reimbursement Agreement with RCTC, the City will receive a reimbursement of the $4,000,000. ATTACHMENTS: None RAagdrpt\2004\121404.PW 04-08115-SR79SInterchangeReimburseAgr ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: t4/illiam G. Hughes, Director of Public Works/City Engineer DATE: December 14, 2004 SUBJECT: Parcel Map No. 30798, Located North of Highway 79 South, East of Avenida De Missiones, and the future Rancho Pueblo Road, known as Rancho Community Church. PREPARED BY: WRonald J. Parks, Deputy Director of Public Works Chris White, Assistant Engineer RECOMMENDATION: That the City Council approve 1) Parcel Map No. 30798 in conformance with the Conditions of Approval 2) Subdivision Improvement Agreement 3) Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. BACKGROUND: Parcel Map No. 30798 is North of Highway 79 South and Constance Street. The project was formally tract 15211 and Rancho Community Church is mapping over it. On April 24, 2003 the City of Temecula Planning Commission approved Parcel Map No. 30798 and the appropriate conditions of approvals. Parcel Map No. 30798 is sixteen (16) commercial parcels. The tract is located North of Highway 79 South, West of Avenida De Missions and future Rancho Pueblo Road. The site is currently vacant. The owners of the property: Rancho Community (Reformed) Church, A California non-profit Corporation has met all of the Conditions of Approval. This parcel map is in conformance with the approved tentative parcel map. The approval of a parcel map, which substantially complies with the approved tentative parcel map, is a mandatory ministerial act under State Law. The following fees have been deferred for Parcel Map No. 30798: Development Impact Fee due prior to issuance of building permit. rAagd rpfl04/pm30797ma p FISCAL IMPACT: None ATTACHMENTS: 1. Development Fee Checklist 2. Fees & Securities Report 3. Project Vicinity Map 4. Parcel Map No. 30798 CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST CASE NO. PM 30798 rAagd rpt\04/pm30797ma p The following fees were reviewed by Staff relative to their applicability to this project. FEE CONDITIONS OF APPROVAL Flood Control (ADP) N/A Quimby Fees N/A Development Impact Fee To be paid prior to issuance of a building permit CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT rAagd rpt\04/pm30797map DAopr-i MAP tin 'An7QR DATE: December 14. 2004 IMPROVEMENTS FAITHFUL PERFORMANCE SECURITY MATERIAL SECURITY & LABOR Street and Drainage $ 421,500.00 $ 211,000.00 Water $ 0.00 $ 0.00 Sewer $ 0.00 $ 0.00 TOTAL $ 421,500.00 $ 211,000.00 Monument $ 6,375.00 DEVELOPMENT FEES City Traffic Signing and Striping Costs $ 0.00 RCFCD (ADP) Fee $ N/A Development Impact Fee $ 0.00 SERVICE FEES Planning Fee $ 70.00 Comprehensive Transportation Plan $ 4.00 Plan Check Fee $ 1,070.00 Monument Inspection Fee $ 250.00 Fees Paid to Date $ 1,394.00 Balance of Fees Due $ 336.00 4 rlagd rpt\04/pm30797map ■� � ;ana�� <� G vi n F €-W 141 Fw R H. ga a sb! ���R� � d� a � �� r �Wn€�nb:sg a 00 ea.y�y QQ '' e� kk d "� 5 g a� ro R z tl€ g Eo L 6_ z �i �? b 3�� : q b ���� a ��� l !pill " <LLJ fib '� � GHb ��3� G 6 MH d � ggg @ £ e s v sXOP RX jM6 z 5 r Z �� s $SSygByqy 41 g g�g4�p y�S n s a1�,a=yag �-<�-PEW84 a� �2WIN a a � � ■ g F u �~6 µ <g� ffi� E �iYak�Na a R �p� 3$ a e a s sq yyyy �� sa ns 3 g 5 k I� g� lip Q I& n cq mWe _: b a b g as ���� � �� �. aE � rx�5vj wa WN �a� � �ss�1 9 S PMKW.Y a I Y ' Y W Rc Op\`OJ y2j �=III — I O i V O M LL Zm $ en KIP M1fR.TliE IS u7 .E , 7A P§ �_'�� p egw - 6 va x a ¢ � g Z ' b : g-ya ss¢ azs b a- limp imp Q i g n4 a 1a b J kM€ N e ���LLJ ky� UN eai z •� __ _ -_ ay b N L `� -- - ---- - z I.1� pw t6 e. b e.- - w e i w zj� 12 8€k�5 k' 8 Aga aa� �k i i N Es i @ g2J Ak y R'.i 1 - EEI �lA gff ba $ «''gyv� �lj IS 3g ^BA�g n� S W y R`44 o f ii7@@ ��ae,RYs=Me g� .R, g�nap =s�¢ ��� 4a\r y" A e¢ �'L iy gz S�.S ERS � 6 3 R 14 _K$A F) /�'�L7q j1 R p F r•.R ttl$ pro tltC' �� V Jci UanO SJill 7 e'7 Q « � � � \ .. £; � Kw-wS4 ,wa ew , .; , _,,., ,,, b� I E849g� x�tSa 1r � EiS�t y II' a I I � 1ftrczc �„c.pcBlxA c'�'e 1 Ar(Lf xWilyJW trNE ' ea M �_ tl N toy 9 KJ 8+�y�$ 3 y e9<S'Qf EnS ¢ f S b O O q6 4 8 e4 Z. b yp CL Ej"€ = e - 8 Q%� i R a _Y ' j n ``Rn nN _vy rS p'Elf 1.f .MBIN r 1HFEV�VM� ,Y�(y,XBll _ w- Tot >a �gw WWI r d n�-n�in�¢ - W4B_5202-0 �R '99 z;s8 8 0,. 8 ,8 .ge tlm sas.s.8sa sg 88 88g -0-1 MON I$ryRR _n aei Pi'GG� -ieiGGuuC p� J i3 a i / i� AtlINMJ g' // O< I NiD VOL f Y zz8�r z e'tl�sy�9 l' F_Isn J 66 8 K'Wf ]1VA01d. -' Ism i9 'r II^ �Y eY�s24 I / Apr III 2VmffP r'e6 i atl Y I^ of , 2 Y le =i II a- I� N.LY,BL9W x.[V.BLBW /0 '�/ aS N d d e b� aN I ,6L M,fN,M. �R�SI Y@y3' Iy lu 9 ! 0 £ 1 1 3 H S 33 S II N Sa w ym W w Yr nip < IP "gl M yy N w 0) O Pik a B �Ba n. n� mono O a�pip $R GryGry < - 3 rnRo - I•r•� '¢6 u $ipi€5 � /Ly' } i C d I± 'ON O1fl311tl �]NYtl 53NM91X.� N LLJ G N IV Z77 w�R I _ Q g W a 3�Qa3 � � j9.0o9j.9 n$ 3 _ Ri—J III oa I II I ml � Rm gBRrv$_.e.� R _ . a€ gy age � � x4 S YEI➢OWS PIIX(WWY T ra 4 p h Z3 2 LL SO , U 1 < xm xvc u----- - --J M1E�t51E t5 u7 ed _ WON J i w en kR i q l i 0°O a o en ^R3 = n5g`g �y� W� + $7� a y <o a kayo -Lai • w _ <P 12 IR d. max eaa� ' °� e Y _ rP • o a w�—°tiP °e I � O6kk §5 d ' e ____— —6^--- -------- - __— CL AN 151Ll i V-pill 8 e a o " y psp 9rs z lit Q^ � n� — 4 36 �� e ` <p'------' — ----- e 4 - .,Y v� It E dE $ LE H a s s Nil 1�z sake"geL kha E ai@g ^�O! ���GB� ORM$ ffig 8 w 4 [J• +�......., �omW`niui'iQ w��++{�{aa��[jC£%�£X Nn 4v{a 6 d�NA 4 PM 30798 ITEM 8 APPROVAL CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council P `p FROM: Herman D. Parker, Director of Community Services � � DATE: December 14, 2004 SUBJECT: Acceptance of Grant Deed — Harveston Community Park PREPARED BY: Cathy McCarthy, Development Services Administrator RECOMMENDATION: That the City Council authorize acceptance of the Grant Deed for Harveston Community Park, located in the Harveston development and direct staff to proceed with the necessary actions to cause the deed to be recorded. BACKGROUND: Harveston is a large Specific Plan development in northern part of the City east of Interstate 15. As part of this project, the developer is conditioned to construct and dedicate a 19.5 acre community park to the City of Temecula. The park includes two dedicated full size lighted soccer fields; 2 lighted ball fields; age appropriate play areas; community building; restroom/concession/maintenance building; a large group picnic area; parking with approximately 300 spaces; benches; tables; drinking fountains and walkways. All improvements have been completed to the satisfaction of the Community Services Director and the maintenance and establishment period is nearing completion. A policy of title insurance will be provided by the developer to accompany the transfer of title to the City. FISCAL IMPACT: Cost for maintaining Harveston Community Park for the remaining portion of this fiscal year has been estimated at $110,000 and is included in the Temecula Community Service District current budget. The developer is entitled to receive fee credit against the park and recreation component of the City's Development Impact Fee (DIF) in accordance with Development Agreement between City of Temecula and Lennar Homes, Inc. and Winchester Hills I, LLC dated August 28, 2001. ATTACHMENTS: 1) Grant Deed 2) Vicinity Map R'.WcCanhCWgenda Reports\Harveston Community Park- Grant Deed Coc EXEMPT RECORDING REQUESTED BY City of Temecula PER GOVT CODE § 27383 AND WHEN RECORDED MAIL TO: Office of the City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 MAIL TAX STATEMENTS TO: City of Temecula P.O. Box 9033 Temecula CA 92589-9033 EXEMPT RECORDING SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned grantor declares: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Harveston, LLC, A Delaware Limited Liability Company hereby grants to the CITY OF TEMECULA, a municipal corporation, the following described real property in the City of Temecula, County of Riverside, State of California: See Exhibit "A" attached hereto, Executed on Signature _ Tom Title: 2004 , at California. Exhibit A LOT 12 OF TRACT NO. 39639-2, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 345 OF MAPS, PAGES 1 THROUGH 19 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. , Vicnity Map Harveston Community Map N Highways :\ " Centerline '1!!iiJ Parks D Parcels (I) 300 0 1""""""'- This map was rnadebylheClIydTemecuIaGeographk: Information System. The map ill derived from base data produced by the Rlver$lde COunty As$e$W. 08plIrtment end the Tnlll'6portalion aod Lend Management Agency cfRMltsldeCOl.a1ty. TheCllyofTemeculall$SUmelIl1O -'lIlntyor legal responsibility lor \tie Infonnatlon contained on lhIs map. Dalaandln1ormatlonrepr8S8llledonthb:map aresubjectloupdateandmodificatlon.TheGeographlc Information system aoo other lIOU'C8S ahould be queried for Ihe mosteurrentWorrnat\on. Thl$maplsnollorreprintOlresale. 300 600 Feet Mepprepllred0ecembe<6,2004 r:\gi$\keI~\harvestonpart<..pr ITEM 9 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim Domenoe, Chief of Police DATE: December 14, 2004 SUBJECT: Police Department OTS Grant Funding PREPARED BY: Heidi Schrader, Management Analyst RECOMMENDATION: That the City Council: 1. Increase estimated General Fund Grant Revenue by $29,220. 2. Appropriate $29,220 from General Fund Grant Revenue to the Police Department. BACKGROUND: The City of Temecula has been active in seeking grant funding to participate in the Office of Traffic Safety Sobriety Checkpoint Program for Local Law Enforcement Agencies. The goal of this program is to reduce the number of victims killed and injured in alcohol involved crashes in participating cities. Participating agencies will conduct sobriety checkpoints during a thirteen -month period. That time period could encompass three "You Drink & Drive. You Lose' statewide and national mobilization periods during an 18 day period for December 17, 2004 - January 3, 2005, an 18 day period for August 19, 2005 — September 5, 2005 and an additional 18 day period for December 16, 2005 — January 2, 2006 as well as checkpoints outside of the mobilization periods. Recently the City received $29,220 in grant funding from the Office of Traffic Safety to participate in this program per grant agreement AM05150. The City will receive a flat rate of $4,870.00 per checkpoint for conducting a minimum of 6 DUI checkpoints during the program mobilization periods and for checkpoints conducted outside the mobilization periods. This checkpoint compensation is based on the following minimum criteria. Each checkpoint will be operational for a minimum of 8 hours and will be staffed on an overtime basis only, by a minimum of 8 sworn personnel, 1, of which will be supervisory level, and 1 non-swom personnel. This per rate represents the approved rate from the grant application. FISCAL IMPACT: General Fund Grant Revenues will be increased by $29,220 and will offset the appropriation of $29,220 in the Police Department budget for overtime (Account number 001- 170-999-5279). ITEM 10 APPROVAL CITY ATTORNEY DIRECTOR OF FINA E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, Senior Management Analyst DATE: December 14, 2004 SUBJECT: Resolution in Support of Legislation to Improve Infrastructure PREPARED BY: Ashley Jones, Management Assistant RECOMMENDATION: That the City Council adopt the following resolution: RESOLUTION NO. 04-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF LEGISLATION TO IMPROVE INFRASTRUCTURE AT THE LOCAL, STATE AND FEDERAL LEVEL. BACKGROUND: At the request of Councilmember Jeff Stone, City staff has prepared the attached resolution of support for legislation that would fund improvements to infrastructure at the local, state and federal level. The federal government plays a key role in financing and funding infrastructure. Over the last few years, Congressional interest in infrastructure spending has shifted and federal spending on infrastructure is declining in real dollars and as a percentage of the federal budget. As evidence, several major infrastructure bills with grass roots and industry support were never passed into law by the 108th Congress. In the next decade, America's infrastructure faces great challenges. The physical condition of the infrastructure that we rely on everyday could be described as "tolerated neglect". Last year, the American Society of Civil Engineers updated its 2001 Report Card for America's Infrastructure with a Progress Report that showed little or no improvement in 12 categories and an overall "D+" grade for everything from roads and bridges to water and wastewater facilities. The estimated total needed to bring conditions to acceptable levels exceeded $1.6 trillion. In January 2005, the 109th Congress will convene with approximately forty-five new faces. As such, the infrastructure community will be putting a considerable effort into reclaiming the role of infrastructure as a budget priority and crafting legislation that will pass in the upcoming Congress. If approved, copies of the attached resolution of support will be sent to the Citys state and federal representatives. FISCAL IMPACT: There is no known fiscal impact. Attachment: Resolution 04- RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IN SUPPORT OF LEGISLATION TO IMPROVE INFRASTRUCTURE AT THE LOCAL, STATE, AND FEDERAL LEVEL WHEREAS, there is a $12 billion annual shortfall in funding for infrastructure needs; and WHEREAS, more than one third of U.S. surface waters do not meet water quality standards; and WHEREAS, there is an $11 billion shortfall in funding to repair or replace water facilities that are nearing the end of their useful life and/or to comply with federal water quality regulations; and WHEREAS, traffic congestion costs the economy $67.5 billion annually in lost productivity and wasted fuel; and WHEREAS, the average rush hour grew more than 18 minutes from 1997 to 2000; and WHEREAS, as of 2000, 27.5% of the nation's bridges (162,000) were structurally deficient or functionally obsolete; and and WHEREAS, the number of unsafe damns has risen by 23% to nearly 2,600 nationwide; WHEREAS, there have been 21 damn failures in the past two years nationwide; NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Temecula hereby supports future legislation to improve infrastructure including highways, bridges, railways, transit systems, airports, harbors, water, wastewater systems, and other infrastructure at the local, state and federal level. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 14th day of December 2004. Mike Naggar, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] CADocuments and SettingsWichaela.Ballmich\Local SettingMemporary Intemet Fi1es\0LK2FA\KesoImion- Improved Infrastructure-Smne.doc TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT DECEMBER 7, 2004 A regular meeting of the City of Temecula Community Services District was called to order at 7:52 P.M., at the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 5 DIRECTORS: ABSENT: 0 DIRECTORS: Comerchero, Naggar, Roberts, Stone, and Washington None Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of November 23, 2004. 2 Approval of the Quitclaim Deed to vacate the Landscape Maintenance Easements Dedicated on Final Tract Map Nos. 26828. 26828-1, and 26828-2: Acceptance of RECOMMENDATION: 2.1 Approve the three Quitclaim Deeds to vacate the landscape maintenance easements dedicated on Final Tract Map Nos. 26828, 26828-1, and 26828-2; 2.2 Accept 28 revised landscape maintenance easements from Richmond American Homes of California, Inc. for Tract Map Nos. 26828, 26828-1, and 26828-2, subject to Temecula Community Services District (TCSD) acceptance of landscape improvements; 2.3 Authorize the City Clerk to record the Quitclaim Deeds and the Landscape Maintenance Easements. RAMinutes. csd\l 20704 1 3 Financial Statements for the three months ended September 30, 2004 RECOMMENDATION: 3.1 Receive and file the Financial Statements for the three months ended September 30, 2004; 3.2 Approve operating transfer in the amount of $70,000 from Citywide Operations to Service Level D. 4 Acceptance of Landscape Easement Deed from DroDertv owners within Tract Mao No 19872-2 adiacent to Pechanga Parkway RECOMMENDATION: 4.1 Accept one Landscape Easement Deed from a property owner within Tract Map No. 19872-2 adjacent to Pechanga Parkway; 4.2 Authorize the City Clerk to record the Landscape Easement Deed. Roripaugh Ranch Specific Plan — Service Level B, Service Level C, and S Rates and Charges RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. CSD 04-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO SERVICE LEVEL C AND SERVICE LEVEL D RATES AND CHARGES FOR RORIPAUGH RANCH SPECIFIC PLAN BEGINNING FISCAL YEAR 2005-2006 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH MOTION: Director Naggar moved to approve Consent Calendar Item Nos. 1 - 5. The motion was seconded by Director Stone and electronic vote reflected unanimous approval. DISTRICT BUSINESS Appointment of President and Vice President of the Community Services District for Calendar Year 2005 RECOMMENDATION: 6.1 Entertain motions from the Board of Directors to appoint the President, effective January 1, 2005, to preside until the end of Calendar Year 2005; R: Winutes.csd\1 20704 6.2 Entertain motions from the Board of Directors to appoint the Vice President, effective January 1, 2005, who will assume the duties of the President in the President's absence and hold this office until the end of Calendar Year 2005. MOTION: Director Roberts moved to reappoint President Washington as the President for calendar year 2005, effective January 1, 2005 and to appoint Director Naggar as Vice President for calendar year 2005, effective January 1, 2005. The motion was seconded by Director Comerchero and electronic vote reflected unanimous approval. DIRECTOR OF COMMUNITY SERVICES REPORT Deputy Director of Community Services Ruse commented on the wonderful Annual Tree Lighting event and invited all to the Annual Holiday Parade on Jefferson Road between Del Rio and Overland Roads, Friday, December 10, 2004, at 7:00 P.M. GENERAL MANAGER'S REPORT General Manager Nelson commended the Community Services Department staff for the many festive events being offered to the community. BOARD OF DIRECTORS' REPORTS No additional comments. ADJOURNMENT At 7:56 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, December 14, 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.csd\120704 ITEM 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors � FROM: Herman D. Parker, Director of Community Services DATE: December 14, 2004 SUBJECT: Second Amendment to the Excel Landscape, Inc. Maintenance Services Contract PREPARED BY: Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: The Board of Directors: 1. Approve the Second Amendment to the contract with Excel Landscape, Inc. to provide a 3% Consumer Price Index (CPI) price increase in the amount of $35,772.00 and to allow for the addition of new and supplemental landscape maintenance service areas in the amount of $169,224.00. 2. Authorize the annual expenditure of $1,397,340.00 for landscape maintenance services for medians, facilities, sports parks, north slopes, south slopes, new and supplemental landscape maintenance service areas, and authorize the City Manager to approve a 10% contingency for extra work items in the amount of $139,734.00. BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six (36) month contract to Excel Landscape, Inc. to provide landscape maintenance services for medians, facilities and the south slope areas. On May 11, 2004 the Board of Directors approved the first amendment to their contract to include the addition of landscape maintenance services for sports parks, north slope areas and allowed forthe addition of supplemental landscape service areas/sites. The original contract allows for an annual price adjustment based upon the Consumer Price Index (CPI) for the Riverside County area on January 1st of each year for the term of the agreement. Based upon a projected CPI increase for the Riverside County Area of over 3%, Excel Landscape has requested and staff is recommending an annual price increase of 3% to their Maintenance Services Contract. The Second Amendment with Excel Landscape, Inc. provides for the proposed 3% annual price increase of $35,772.00, the addition of Harveston Community Park and the Phase 1 Median Islands to their existing Maintenance Services Contract in the amount of $108,816.00. This Second Amendment also allows for the Director of Community Services to approve the addition of R:WARRINGK\AGENDA.RPT\Ciry Cowcil\CC LS MINT SERVICES 2003-04 Revised Excel LS Amend 2. doc supplemental landscape maintenance service areas in an amount not to exceed $60,408.00 Excel Landscape continues to provide consistent quality landscape maintenance services throughout our city. Due to their proven performance and the increased cost of labor and materials for other services staff feels that their request for a 3% increase is justified. FISCAL IMPACT: The cost of the Second Amendment for services to be provided through December 31, 2005 is $1,397,340.00 plus an additional ten percent (10%) contingency of $139,734.00. While the agreement period is on a calendar basis, there are sufficient funds in the TCSD Budget through June 30, 2005 in the following accounts: 190-180-999-5415 190-180-999-5212 193-180-999-5415 193-180-999-5212 Attachments: 1) Excel Landscape, Inc. Executed Contract 2) Excel Landscape, Inc. First Amendment 3) Excel Landscape, Inc. Second Amendment R:\HARRINGK\AGENDA.RP'nCity Council\CC LS MAIM SERVICES 2003-04 Revised Excel LS Amend 2.doc SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE INC. FOR MAINTENANCE SERVICES THIS SECOND AMENDMENT is made and entered into as of December 14, 2004 by and between the Temecula Community Services District, a municipal corporation ("City") and Excel Landscape Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with respect to the following facts and purposes: A. On November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Temecula Community Services District Agreement for Maintenance Services ("Agreement') in the amount of $480,350.00 annually. B. The original Agreement was amended on May 11, 2004 in order to increase the payment for additional services in the amount of $406,205.00 through December 31, 2004. B. The parties now desire to increase the payment for the annual Consumer Price Index adjustment and for additional services in the amount of $1,397,340.00 and amend the Agreement as set forth in this Amendment. Section 3 PAYMENT of the Agreement is hereby amended to read as follows: a. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The second amendment amount shall not exceed One Million Three Hundred Ninety Seventy Thousand Three Hundred Forty and 00/100 dollars ($1,397,340.00) through December 31, 2005. The total contract amount is Two Million Two Hundred Eighty Three Thousand Eight Hundred Ninety Five and 00/100 dollars ($2,283,895.00). All subsequent years of this three (3) year agreement shall be adjusted upon approval by City staff of the Consumer Price Index (CPI) of Riverside County on January 1 st of each year for the term of the Agreement unless additional payment or change order is approved as provided in this Agreement. b. The City Manager may approve additional payment not to exceed the annual 10% contingency. Also, the City Manager may approve change orders up to the 10% contingency amount. Director of Community Services District on behalf of District may add new supplemental areas to be maintained by Contractor in accordance with the specifications and terms of this Agreement. District shall pay Contractor for such new supplemental areas at the rates set forth in Exhibit A, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. R:\HARRINGK\AGREEMENTS%AGREEMNT\EXCEL LS\Excel Revised Second Amendment 04-05.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT f:3'/l Chuck Washington, President ATTEST: BY: Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape Inc. Jose Alfaro, President 710 Rimpau Ave, Suite 108 Corona CA 92879 (909) 735-9650 (909) 735-0469 (Fax) I'm NAME: TITLE: M. NAME: TITLE: (Two Signatures Required For Corporations) R:IHARRINGKWGREEMENTS\AGREEMNT\EXCEL LS\Excel Revised Second Amendment 04-05.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SPORTS PARKS/SCHOOL SITES SERVICE AREA Site # Site Name MonthlV Price Annual Price SP-1 Rancho California Sports Park $10,204.00 $122,448.00 SP-2 Paloma Del Sol Park $ 4,445.00 $ 53,340.00 SP-3 Pala Community Park $ 2,767.00 $ 33,204.00 SP-4 Kent Hintergardt Park $ 4,210.00 $ 50,520.00 SP-5 Margarita Community Park (TES) $ 3,995.00 $ 47,940.00 SP-6 Temeku Hills Park $ 4,455.00 $ 53,460.00 SP-7 Harveston Community Park $ 7,800.00 $ 93,600.00 SC-1 Temecula Middle School $ 434.00 $ 5,208.00 SC-3 James L. Day Middle School $ 518.00 $ 6,216.00 SC-6 Vail Ranch Middle School $ 863.00 $ 10,356.00 SC-7 Paloma Elementary School $ 863.00 $ 10,356.00 SC-8 Pauba Valley Elementary School $ 432.00 $ 5,184.00 TOTAL $40,986.00 $491,832.00 Authorized Signature R:\HARRINGK\AGREEMENTS\AGREEMNT\EXCEL LS\Excel Revised Second Amendment 04-05.doc EXHIBIT A Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA Site # Site Name Monthly Price Annual Price M-01 Rancho California Road Medians $ 632.00 $ 7,584.00 M-02 Ynez Road Medians (includes Solana Way) 684.00 8,208.00 M-03 Butterfield Stage Road Medians 151.00 1,812.00 M-04 Margarita Road Medians (North) 709.00 8,508.00 M-05 Margarita Road Medians (South) 151.00 1,812.00 M-06 Winchester Road at Jefferson Median 151.00 1,812.00 M-07 Pechanga Parkway Medians 151.00 1,812.00 M-08 Meadows Parkway Medians (North) 709.00 8,508.00 *M-09 Paseo Del Sol Medians 709.00 8,508.00 M-10 Harveston Medians (Date St/Margarita Rd) 1268.00 15,216.00 *M-11 Jefferson Avenue Medians 150.00 1800.00 *M-12 Overland Drive Medians/Bridge 250.00 3000.00 *M-13 Red Hawk Medians 500.00 6000.00 FW-1 Interstate 15 3,792.00 45,504.00 TOTAL $ 10,007.00 $ 120,084.00 (* Supplemental Area) Authorized Signature R:\HARRINGK�AGREEMENTS�AGREEMN-REXCEL LS\Excel Revised Second Amendment 04-05.doc EXHIBIT A Pricing Sheet for Landscape Maintenance COMMUNITY FACILITIES SERVICE AREA Site # Site Name Monthly Price Annual Price F-1 Community Recreation Center $ 1,782.00 $ 21,384.00 F-2 Mary Phillips Senior Center 588.00 7,056.00 F-3 City Hall/Maintenance Facility 1,442.00 17,304.00 F-4 Temecula Community Center 376.00 4,512.00 F-5 Fire Station #84 578.00 6,936.00 F-6 Old Town Temecula 1,628.00 19,536.00 F-10 Temecula Children's Museum 309.00 3,708.00 F-20 Fire Station #92 183.00 2,196.00 TOTAL $6,886.00 $ 82,632.00 Authorized Signature R:\HARRINGK\AGREEMENTSWGREEMNT\EXCEL LS\Excel Revised Second Amendment 04-05.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) Site # Site Name Monthly Price Annual Price S-3 Rancho Highlands $ 1,494.00 $ 17,928.00 S-8 The Villages A and B 6,670.00 80,040.00 S-12 Vintage Hills 4,369.00 52,428.00 S-13 Presley (Viranda, Country Glen, Bridlevale) 1,357.00 16,284.00 S-16 Tradewinds 870.00 10,440.00 S-20 Crowne Hill 1,378.00 16,536.00 S-20A Crowne Hill (Phase 2 & 3) 4,590.00 55,080.00 S-21 Vail Ranch 10,365.00 124,380.00 'S-23 Pheasant Run 268.00 3216.00 'S-26 Gallery Homes Traditions 160.00 1920.00 TOTAL $ 31,521.00 $ 378,252.00 (' Supplemental Area) Authorized Signature R:\HARRINGK\AGREEMENTS\AGREEMNITEXCEL LS\Excel Revised Second Amendment 04-05.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (NORTH) Site # Site Name Monthly Price Annual Price S-1 Saddlewood/Pavillion Point $ 2,360.00 $ 28,320.00 S-2 Winchester Creek I and II $ 1,575.00 $ 18,900.00 S-4 The Vineyards $ 342.00 $ 3,104.00 S-5 Signet Series $ 3,607.00 $ 43,284.00 S-6 Woodcrest Country $ 825.00 $ 9,900.00 S-7 Ridgeview $ 977.00 $ 11,724.00 S-9 Rancho Solana $ 60.00 $ 720.00 S-10 Martinique $ 294.00 $ 3,528.00 S-11 Meadowview Estates $ 188.00 $ 2,256.00 S-14 Mirada $ 533.00 $ 6,396.00 S-15 Barclay Estates $ 556.00 $ 6,672.00 5-17 Monte Vista $ 83.00 $ 996.00 S-18 Temeku Hills $ 4,659.00 $ 55,908.00 S-19 Campos Verdes $ 2,237.00 $ 26,844.00 S-22 Sutton Place/Lennar $ 232.00 $ 2,784.00 S-24 Harveston (Phase 1) $ 2,524.00 $ 30,288.00 'S-24A Harveston (Phase 2) $ 3,640.00 $ 43,680.00 S-25 Serena Hills $ 2,019.00 $ 24,228.00 'S-26 Richmond American (26828) $ 334.00 $ 4,008.00 TOTAL $27,045.00 $324,540.00 (' Supplemental Area) Authorized Signature R:\HARRINGK\AGREEMENTS\AGREEMNIIEXCEL LS\Excel Revised Second Amendment 04-05.doc EXHIBIT A Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat.&Sun. Includes trash removal). Price per Square Foot Monthly Annually .0119 .1428 sq. ft. .01 .12 sq. ft. .008 .096 sq. ft. .015 .18 sq. ft. .015 .18 sq. ft. .004 .048 sq. ft. 967.50 11,610.00 perfld. *928.80 11,145.60 perfld. Up to three (3) fields for same amount. Authorized Signature R:\HARRINGK\AGREEMENTS\AGREEMNT\EXCEL LS\Excel Revised Second Amendment 04-05.doc EXHIBIT A Landscape Maintenance Extra Work Price Sheet I. Turf Maintenance (All turf areas) Unit Cost 1. Mowing (Including bagging of clippings) $ .002 sq. ft. 2. Edging .05 linear ft. 3. String Trimming .10 linear ft. 4. Aerification (Core/3") .002 sq. ft. 5. Aerification (Deep Tine/6") N/A sq. ft. 6. Weed Removal (Manual) 20.00 per man hr. 7. Pest Control (Manual) 35.00 per man hr. 8. Fertilization (Placement only) .001 sq. ft. 9. Materials (Fertilizer, Soil Amends) 20% mark-up General Landscape Maintenance (Planters and Slooe areas 1. Edging (Ground Cover) $ .15 linear ft. 2. Trimming (Shrubs, Ground Cover) .02 sq. ft. 3. Pruning/Shrubs, Vines, Roses .04 sq. ft. 4. Pruning/Trees (To 18') 40.00 each 5. Weed Removal (Manual) 20.00 per man hr. 6. Pest Control (Manual) 35.00 per man hr. 7. Fertilization (Placement only) .002 sq. ft. 8. Vegetation Removal .02 sq. ft. 9. Materials (Fertilizer, Soil Amends) 20% mark-up III. Plant Material (Installed, all areas) 1. Annual Color (4" Container) $ 1.50 each 2. Ground Cover 20.00 flat 3. One (1) Gallon 6.00 each 4. Five (5) Gallon 18.00 each 5. Fifteen (15) Gallon 75.00 each 6. 24" Box Tree 200.00 each 7. Seeded Turf .15 sq. ft. 8. Sodded Turf .85 sq. ft. 9. Hydroseed .10 sq. ft. 10. Soil Preparation (Existing area) .20 sq. ft. 11. Soil Preparation (New area) .15 sq. ft. 12. Wood Mulch 35.00 cu. yd. IV. Irrigation System Maintenance 1. Inspection $ 40.00 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 35.00 per hr. 3. Parts 20% mark-up V. General Pest Control 1. Written Recommendation by PCA $ 200.00 each 2. Qualified Applicator (QAC) 45.00 per hr. 3. Trained Applicator 35.00 per hr. 4. Material 20% mark-up R:\HARRINGK\ACPEEMENTS\AGREEMNTIEXCEL LS\Excel Revised Second Amendment 04-05.doc g3-1,$1 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE INC. FOR MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 11, 2004 by and between the Temecula Community Services District, a municipal corporation ("City") and Excel Landscape Inc. ("Contractor"). 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 November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Temecula Community Services District Agreement for Maintenance Services ("Agreement") in the amount of $480,350 annually. B. The parties now desire to increase the payment for additional services in the amount of $406,205 and amend the Agreement as set forth in this Amendment. 2. Section 3 PAYMENT of the Agreement is hereby amended to read as follows a. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed Four Hundred Six Thousand Two Hundred Five and 00/100 dollars ($406,205) through December 31, 2004 for the additional landscape maintenance service areas for a total annual contract amount, of Eight Hundred Eighty Six Thousand Five Hundred Fifty Five and 00/100 dollars ($886,555). All subsequent years of this three (3) year agreement shall be adjusted upon approval by City staff of the consumer Price Index (CPI) of Riverside County on January 1 st of each year for the term of the Agreement unless additional payment or change order is approved as provided in this Agreement. b. Contractor shall submit invoices monthly for actual services performed detailing the worked performed in a form acceptable to the Director of Finance. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within 30 days of receipt of invoice of any disputed fees set forth in the invoice. C. The City Manager may approve additional payment not to exceed the 15% contingency. Also, the City Manager may approve change orders up to the 15% contingency amount. RAHARRINGKIAGREEMNT1Excel First Amendment 03-04.doc t 3. Director of Community Services District on behalf of District may add new areas to be maintained by Contractor in accordance with the specifications and terns of this Agreement. District shall pay Contractor for such new areas at the rates set forth in Exhibit A, which is attached hereto and incorporated herein as though set forth in full. 4. Director of Community Services may execute an Amendment to this Agreement to reflect the new areas. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. RMARRINWAGREEMN'RExosi First Amendment 03-04.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DISTRICT Washington, ATTEST: Susan W. Jghes, CIVIC, City ApproaedAvlo Form: BY• � bat- Peter M. Thorson, City Attor CONTRACTOR Excel Landscape Inc. Jose Alfaro, President 710 Rimpau Ave, Suite 108 Corona CA 92879 (909) 735-9650 (909) 735-0469 (Fax) BY: NA E. TITLE:f (Two Signatures Required For Corporations) R:111ARRINGKWGREEMNTExce1 First Amendment 03-04.doc M i EXHIBIT A Pricing Sheet for Landscape Maintenance SPORTS PARKS/SCHOOL SITES SERVICE AREA Site # Site Name Monthly Price Annual Price SP-1 Rancho California Sports Park $9,907.00 $118,884.00 SP-2 Paloma Del Sol Park $4,316.00 $ 51,792.00 SP-3 Pala Community Park $2,686.00 $ 32,232.00 SP-4 Kent Hintergardt Park $4,087.00 $ 49,044.00 SP-5 Margarita Community Park (TES) $3,879.00 $ 46,548.00 SP-6 Temeku Hills Park $4,325.00 $ 51,900.00 SC-1 Temecula Middle School $ 421.00 $ 5,052.00 SC-3 James L. Day Middle School $ 503.00 $ 6,036.00 SC-6 Vail Ranch Middle School $ 838.00 $ 10,056.00 SC-7 Paloma Elementary School $ 838.00 $ 10,056.00 SC-8 Pauba Valley Elementary School $ 419.00 $ 5,028.00 TOTAL $32,219.00 $386,628.00 Authorized Signature RftHARRINGMAGREEMMIEwel First Amendment 03-04.doc 4 EXHIBIT A Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA Site # Site Name Monthly Price Annual Price M-01 Rancho California Road Medians $ 614.00 $ 7,368.00 M-02 Ynez Road Medians 664.00 7,968.00 M-03 Butterfield Stage Road Medians 147.00 1,764.00 M-04 Margarita Road Medians (North) 688.00 8,256.00 M-05 Margarita Road Medians (South) 147.00 1,764.00 M-06 Winchester Road at Jefferson Median 147.00 1,764.00 M-07 Pechanga Parkway Medians 147.00 1,764.00 M-08 Meadows Parkway Medians (North) 688.00 8,256.00 M-09 Paseo Del Sol Medians 688.00 8,256.00 FW-1 Interstate 15 3,682.00 44,184.00 TOTAL $7,612.00 $ 91,344.00 Authorized Signature RMARRINGKWGREEMNTExcel First Amendment 03-04.doc 5 EXHIBIT A Pricing Sheet for Landscape Maintenance COMMUNITY FACILITIES SERVICE AREA Site # Site Name Monthly Price Annual Price F-1 Community Recreation Center $ 1,730.00 $ 20,760.00 F-2 Mary Phillips Senior Center 571.00 6,852.00 F-3 City Hall/Maintenance Facility 1,400,00 16,800.00 F-4 Temecula Community Center 365.00 4,380.00 F-5 Fire Station #84 561.00 6,732.00 F-6 Old Town Temecula 1,581.00 18,972.00 F-10 Temecula Children's Museum 300.00 3,600.00 F-20 Fire Station #92 178.00 2,136.00 TOTAL $6,686.00 $80,232.00 Authorized Signature R:+A1RRINGIMGREEMNT1Exoe1 First Amendment 03-04.doc 6 EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) Site # Site Name Monthly Price Annual Price S-3 Rancho Highlands $ 1,450.00 $ 17,400.00 S-8 The Villages A and B 6,476.00 77,712.00 S-12 Vintage Hills 4,242.00 50,904.00 S-13 Presley (Viranda, Country Glen, Bridlevale) 1,317.00 15,804.00 S-16 Tradewinds 845.00 10,140.00 S-20 Crowne Hill 1,338.00 16,056.00 *S-20A Crowne Hill (Phase 2 & 3) 4,456.00 53,472.00 S-21 Vail Ranch 10,063.00 120,756.00 *S-23 Pheasant Run 260.00 3120.00 TOTAL $ 30,447.00 $ 365,364.00 (* New Sites effective July 1, 2004) Authorized Signature R:\14ARRINGKWGREEMN7\Exce1 First Amendment 03-04.doc EXHIBIT A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (NORTH) site Site Name S-1 Saddiewood/Pavillion Point S-2 Winchester Creek I and II S-4 S-5 S-6 S-7 S-9 S-10 S-11 S-14 S-15 S-17 S-18 S-19 S-22 *S-24 *S-25 The Vineyards Signet Series Woodcrest Country Ridgeview Rancho Solana Martinique Meadowview Estates Mirada Barclay Estates Monte Vista Temeku Hills Campos Verdes Sutton Place/Lennar Harveston (Phase 1) Serena Hills TOTAL (*New Sites effective July 1, 2004) Monthly Price $2,291.00 $1,529.00 $ 332.00 $3,502.00 $ 801.00 $ 949.00 $ 58.00 $ 285.00 $ 183.00 $ 517.00 $ 540.00 $ 81.00 $4,523.00 $2,172.00 $ 225.00 $2,450.00 $1,960.00 22 398.00 Annual Price $27,492.00 $18,348.00 $ 3,984.00 $42,024.00 $ 9,612.00 $11,388.00 $ 696.00 $ 3,420.00 $ 2,196.00 $ 6,204.00 $ 6,480.00 $ 972.00 $54,226.00 $26,064.00 $ 2,700.00 $29,400.00 $23,520.00 $268,776.00 Authorized Signature R,U4ARR1NMAGREEMNI\Exw1 First Amendment 03-04.dm I i 1 EXHIBIT A Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes balifield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat.&Sun. Includes trash removal). Price per Square Foot Monthly Annually .0119 .1428 sq. ft. .01 .12 sq. ft. .008 .096 sq. ft. .015 .18 sq. ft. .015 .18 sq. ft. .004 .048 sq. ft. 967.50 11,610.00 per fid. *928.80 11,145.60 per fid. * Up to three (3) fields for same amount. Authorized Signature RAHARRA7GK\AGREEMNT�Excel First Amendment 03-04.dm EXHIBIT A Landscape Maintenance Extra Work Price Sheet I. Turf Maintenance (All turf areas) Unit Cost 1. Mowing (Including bagging of clippings) $ .002 2. Edging .05 3. String Trimming .10 4. Aerification (Core/3") .002 5. Aerification (Deep Tine/6") N/A 6. Weed Removal (Manual) 20.00 7. Pest Control (Manual) 35.00 8. Fertilization (Placement only) .001 9. Materials (Fertilizer, Soil Amends) 20% 1. Edging (Ground Cover) $ .15 2. Trimming (Shrubs, Ground Cover) .02 3. Pruning/Shrubs, Vines, Roses .04 4. Pruning/Trees (To 18') 40.00 5. Weed Removal (Manual) 20.00 6. Pest Control (Manual) 35.00 7. Fertilization (Placement only) .002 8. Vegetation Removal .02 9. Materials (Fertilizer, Soil Amends) 20% Plant Material (Installed, all areas 1. Annual Color (4" Container) 2. Ground Cover 3. One (1) Gallon 4. Five (5) Gallon 5. Fifteen (15) Gallon 6. 24" Box Tree 7. Seeded Turf 8. Sodded Turf 9. Hydroseed 10. Soil Preparation (Existing area) 11. Soil Preparation (New area) 12. Wood Mulch IV. Irrigation System Maintenance 1. Inspection 2. Repair (Main line, Lateral line, Sprinklers) 3. Parts V. General Pest Control 1. Written Recommendation by PCA 2. Qualified Applicator (QAC) 3. Trained Applicator 4. Material 1.50 20.00 6.00 18.00 75.00 200.00 .15 .85 .10 .20 .15 35.00 $ 40.00 35.00 20% $ 200.00 45.00 35.00 20% sq. ft. linear ft. linear ft. sq. ft. sq. ft, per man hr. per man hr. sq. ft. mark-up linear ft. sq. ft. sq. ft. each per man hr. per man hr. sq. ft. sq. ft. mark-up each flat each each each each sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. cu. yd. per hr. per hr. mark-up each per hr. per hr. mark-up R94ARPJNGKWGREEMNTZxce1 First Amendment 03-04.doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT AGREEMENT FOR MAINTENANCE SERVICES THIS MAINTENANCE CONTRACT, made and entered Into as of November 25. 2003. by and between the Temecula Community Services District ("City'), and Landscaoe Inc. ("Contractor"). In consideration of the mutual covenants and conditions eat forth herein, the parties agree as follows: 1. IMThis Agreement shall commence on January 'I. 2004 and shall remain and continue in effect until December 31. 2006 unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right' to extend this agreement for an additional twenty four (24) months within sixty (60) days prior to its expiration. 2. SCOPE OF WORK. Contractor shall perform all of the work described in Exhibit A and as described in the City's Request for Proposal Landscape Maintenance Services, dated March 11, 2003 ('Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the City's Request for Proposal Landscape Maintenance Services, dated March 11, 2003. 3. PAYMENT. The.City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit A, attached hereto and Incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Four Hundred Elahly Thousand Three Hundred Fifty and 00/100 dollars ($ A% 350.00 ) annually. All Subsequent years of this three (3) year agreement shall be adjusted upon approval by City staff of the Consumer Price Index (CPI) of Riverside County on January 1st of each year for the term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed In a form acceptable to the Director of Finance. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. if the City disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of invoice of any disputed fees set forth on the Invoice. b. The City Manager may approve additional payment not to exceed the 15% contingency. Also, the City Manager.may approve change orders up to the 15% contingency amount. 4. PERFORMANCE, Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder In meeting its obligations under this Agreement. R:ULIRREJaKWaREEMNrMinor Maintenance 2003 -Excel LandscW.doc d. CITY APPROVAL Ali labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or Its authorized representatives. G. WAIVER OF CLAIMS, On or before making final request for payment under Paragraph 3., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made In writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. T. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City 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. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shah comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice.. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or Invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. c. The Contractor may terminate this agreement with 120 days written notice to the City. This correspondence must be delivered to the Maintenance Superintendent. 8. LIQUIDATED DAMAGES,• SUBSTANDARD AND NONPERFORMANCE a. Contractor may be assessed penalties by City up to one hundred percent (1000/6) of the monthly value of a site for nonperformance and up to sixty percent (60%) of the monthly value of a site for substandard performance. Such penalties shall be assessed at the discretion of the City. Contractor shall be notified of any penalties in accordance with the terms of this Contract. b. Contractor shall be notified of service failure by delivery of a 'Performance Deficiency Notification". R:WARMGK\AGREEMN71Minor Maineewce 2003 - Excel Landscape.doc Said notice will serve as formal notification that Contractor has Incurred a seMce deficiency sufflciently materiel that a payment reduction or contract termination may result If Contractor does not take satisfactory corrective action. The Performance Deficiency Notification will contain the acceptable time period for service correction (24 hours to 7 days). Upon re -Inspection of the deficiency, the correction will either be accepted or rejected by the City. If accepted, part or all of the penalties may be waived, regardless of whether City has Incurred loss as a result of said service failure. Contractor will be notified of correction acceptance status by delivery of a "Performance Deficiency Status Memorandum'. Should correction not be accepted, a separate additional Performance Deficiency Notification may be delivered to Contractor, thus incurring another Performance Deficiency Notice and penalty. c. If Contractor should neglect or refuse or fail for any reason to perform the work, the City may Institute the payment reduction and/or terminate the Contract for nonperformance with ten (10) days written notice to Contractor. d. In case of termination by the City for nonperformance, the City may contract or cause to be done any work not completed at the time of the termination, and the Contractor shalt pay for such work. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is In default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement Immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is In default In the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon It of said notice In which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure Its default within such period of time, the 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. . 11. INDEMNIFICATION. The Contractor 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, or liability of any kind or nature which the City, its officers, agents and employees may sustain or Incur or which may be Imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions In performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract Insurance against claims for injuries to persons or damages to property which PLVIARWOIMOREEMMWinor Mainftwee 2003 - End LandecW.doe may arlse from or In connection with the performance of the work hereunder by the Contractor, Its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form 00 0001). (2) Insurance Services Office forth number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation Insurance as required by the State of California and Employer's Liability Insurance. than: b. Minimum Limits of Insurance. Contractor shall maintain limits no less (1) General Liability: $2,000,000 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 projectflocatlon 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) Employer's Liability: $1,000,000 per accident for bodily injury or disease. a A —Mability 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. d. Verification of Coverage. Contractor shall fumish 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. All endorsements are to be received and approved by the City before work commences. e. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be Insured against liability for Workman's Compensation or undertake self. Insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. TIME OF THE ESSENCE. Time is of the.essenoe in this Contract. 14. INDEPENDENT CONTRACTOR Contractor Is and shall at all Umes remain as to the City a wholly Independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of Re officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, R:W JUUNGK\AGREB WMifnorM fnftum2003-M=1Lmdm".doc except as set forth in this Agreement Contractor shall not at any time or in any manner represent that it or any of Its officers, employees or agents are In any manner officers, employees or agents of the City. Contractor shall not Incur or have the power to Incur any debt, obligation or liability whatever against the City, or bind City In any manner. a. No ampk>yee benefits shall be available to Contractor In connection with the performance of this Agreement Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or Indemnification to Contractor for Injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Contractor shall keep Itself Informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of Ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered In the execution of the work under this Contract, as a result of failure to make the necessary Independent examinations and Investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work 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. 18. 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 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 Goverment Code of the State of California. 19. 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. 20. UTILITY LOCATION. The City acknowledges Its responsibilities with respect to locating utility facilities pursuant to Califomia Goverment Code Section 4215. P-MARROJOMORENAMWinor Maintenance 2003 -Excel tadeceM.doc 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center In accordance with Government Code Section 4215. 22.. 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. 23. WRITTEN NOTICE. 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, (1I) 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 mall, 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: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor. Excel Landscape Inc. 710 Rimpau Ave Corona, CA 92879 (909) 735-9650 (phone) (909) 735-0489 (fax) 24. ASSIGNMENT, The Contractor shall not assign the performance of this Agreement, Gent, nor any part thereof, nor any monies due hereunder, without prior written consent of 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 28. 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 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 jurisdiction over the City of Temecula. 27. ENTIRE AGREEMENT, This Agreement contains the entire understanding between the parties relating to the obligations of the parties described In this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged Into this Agreement and shall be of no further force or effect. Each party is entering Into this Agreement based solely upon the representations set forth herein and upon each party's own Independent Investigation of any and all facts such party deems material. 28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of Its obligations hereunder. kWARMG MGRMWM\Minor MdoU== 2M - &=I Landow.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year flrst above written. TEMECULA COMMUNITY SERVICES DISTRICT P ter M. Thorson, City Attomey CONTRACTOR Excel Landscape Inc. (Two Signatures Required for Corporations) &MMMOMOREWNTMinor Wa mmce 2003 • RrA Gndmpe.doc Exhibit A Pricing Sheet for Landscape Maintenance MEDIANS SERVICE AREA mg M-01 Rancho California Road Medians 614.00 7,368.00 M-02 Ynez Road Medians 664.00 7,908.00 M-03 Butterfield Stage Road Medians 147.00 1,784.00 M-04 Margarita Road Medians (North) 688.00 8,266.00 M-05 Margarita Road Medians (South) 147.00 1,784.00 M-06 Winchester Road at Jefferson Median 147.00 1,764.00 M-07 Pechangs Parkway Medians 147.00 1,764.00 M-08 Meadows Parkway Medians (North) 688.00 8,256.00 M-09 Paseo Del Sol Medians 688.00 8,256.00 FW-1 Interstate 15 3,682.00 44,184.00 TOTAL $7,612.00 $91,344.00 Authorized Signature Exhibit A Pricing Sheet for Landscape Maintenance COMMUNRY FACILITIES SERVICE AREA a" F-1 Community Recreation Center 1,730.00 20,760.00 F-2 Mary Phillips Senior Center 571,00 6,852.00 F-3 City Hall/Malntenance Facility 1,400.00 16,800.00 F-4 Temecula Community Center 365.00 4,380.00 F-5 Fire Station #84 661.00 6,732.00 F-6 Old Town Temecula 1,581.00 18,972.00 F40 Temecula Children's Museum 300.00 3,600.00 F-20 Fire Station #92 178.00 2,136.00 TOTAL $6,686.00 $80,232.00 Authorized Signature i Exhibit A Pricing Sheet for Landscape Maintenance SLOPE SERVICE AREA (SOUTH) E=3rs�� S-3 Rancho Highlands 1,450.00 17,400.00 8.8 The Villages A and B 6,476,00 77,712.00 8-12 Vintage Hills 4,242.00 50,904.00 S-13 Presley (Vlranda, Country Olen, Bridlevele) 1,317.00 15,804.00 S-18 Tradewinds 846.00 10,140.00 S-20 Crowns Hill 1,338.00 16,056.00 S-21 Vail Ranch 10,063.00 120,756.00 TOTAL $25,731.00 S 308,772.00 Authorized Signature R:WARRINOKUORBBMNt\Minm Moint m m 2003 - BxW tandsogmdoo Pricing Shoot for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Perk Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Salifield Preparation (Single field/Sat.&Sun. Includes trash removal). Price per Square Foot .0119 .1428 sq, ft. .01 .12 sq. ft. .008 .09E sq. IL .015 .18 sq. ft. .015 .18 sq. ft. .004 .048 sq. ft. 967.50 11,610.00 per field •928.00 11,145.60 per field ' Up to three (3) fields for same amount. Authorized Signature &WARRINWAGREEMN7Winor Maintenance 2003 - Excel lmdscape,doc Landscape Maintenance Extra Work Price Sheet I. Turf 1. Maintenance IAN turf areas) Mowing (Including begging of clippings) Linn Coat $ •002 2. Edging .06 3. String Trimming .10 4. AerMcation (Core/3") .002 6. Aerificatlon (Deep TinaV) N/A 6. Weed Removal (Manuel) 20.00 7. Pest Control (Manuel) 35.00 8. Fertilization (Placement only) .001 9. Materials (Fertilizer, Soil Amends) 20% 1. Edging (Ground Cover) $ .15 2. Trimming (Shrubs, Ground Cover) .02 3. Pruning/Shrubs, Vines, Roses .04 4. Pruning/Trees (To 18') 40.00 5. Weed Removal (Manual) 20.00 6. Pest Control (Manual) 35.00 7. Fertilization (Placement only) .002 8. Vegetation Removal .02 9. Materials (Fertilizer, Soil Amends) 20% Plant Material (Installed. all areas 1. Annual Color (4' Container) 2. Ground Cover 3. One (1) Gallon 4. Five (5) Gallon 5. Fifteen (15) Gallon 6. 24' Box Tree 7. Seeded Turf 8. Sodded Turf 9. Hydroseed 10. Soil Preparation (Existing area) 11. Soil Preparation (New area) 12. Wood Mulch IV, Irrigation System Maintenance 1. Inspection 2. Repair (Main line, Lateral line, Sprinklers) 3. Parts V. General Pest Control 1. Written Recommendation by PCA 2. Qualified Applicator (QAC) 3. Trained Applicator 4. Material $ 1.50 20.00 6.00 18.00 75.00 200.00 .15 .86 .10 .20 .15 35.00 $ 40.00 35.00 20% $ 200.00 46.00 35.00 20% sq. ft. linear ft. linear ft. sq, ft. sq. ft. per man hr. per man hr. sq. ft. mark-up linear ft. sq. ft. sq. ft. each per man hr. per man hr. sq, ft. sq. ft. mark-up each flat each each each each sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. cu. yd. per hr. per hr. mark-up each per hr. per hr. mark-up RWARMGIMGRB RNTMinor Maintenance 2003 • Bxoel Landr.We.doc ITEM 3 APPROVAL CITY ATTORNEY DIRECTOR OF FINAN CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Herman D. Parker, Director of Community Services �q t DATE: December 14, 2004 SUBJECT: First Amendment to the Midori Gardens, Inc. Maintenance Services Contract PREPARED BY: Kevin T. Harrington, Maintenance Superintendent RECOMMENDATION: The Board of Directors: 1. Approve the First Amendment to the contract with Midori Gardens, Inc. to provide a 3% Consumer Price Index (CPI) price increase in the amount of $10,800.00 and to allow for the addition of new and supplemental landscape maintenance service areas in the amount of $40,800.00. 2. Authorize the annual expenditure of $411,600.00 for landscape maintenance services for neighborhood parks, new and supplemental landscape maintenance service areas, and approve 10% contingency for extra work items in the amount of $41,160.00. BACKGROUND: On November 25, 2003 the Board of Directors awarded a thirty six (36) month contract to Midori Gardens, Inc. to provide landscape maintenance services for neighborhood parks in the amount of $360,000.00. The original contract allows for an annual price adjustment based upon the Consumer Price Index (CPI) for the Riverside County area on January 1st of each year for the term of the agreement. Based upon a projected CPI increase for the Riverside County Area of over 3%, Midori Gardens, Inc. has requested and staff is recommending an annual price increase of 3% to their Maintenance Services Contract. The First Amendment with Midori Gardens, Inc. provides for the proposed 3% annual price increase of $10,800.00. This Second Amendment also allows for the Director of Community Services to approve the addition of supplemental landscape maintenance service areas in an amount not to exceed $40,800.00. Midori Gardens, Inc. continues to provide consistent quality landscape maintenance services throughout our neighborhood parks. Due to their proven performance and the increased cost of RdHARRINGKAGENDA.RPTCity ComciRCC LS MArNT SERVICES Midori LS 2003-04 Amend I.doc labor and materials for other services staff feels that their request for a 3% increase is justified FISCAL IMPACT: The cost of the First Amendment for services to be provided through December 31, 2005 is $411,600.00 plus an additional ten percent (10%) contingencyof $41,160.00. While the agreement period is on a calendar basis, there are sufficient funds in the TCSD Budget through June 30, 2005 in the following accounts: 190-180-999-5415 190-180-999-5212 Attachments: 1 Midori Gardens, Inc. Executed Contract 2) Midori Gardens, Inc. First Amendment R:V1ARRINGK\AGENDA.RPT'City CowciKC LS MAINT SERVICES Midori LS 2003-04 A�nd J.dm FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT AND MIDORI GARDENS, INC. FOR MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of December 14, 2004 by and between the Temecula Community Services District, a municipal corporation ("City") and Midori Gardens, Inc. ("Contractor'). 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 November 25, 2003 the City and Contractor entered into that certain agreement entitled "City of Temecula Temecula Community Services District Agreement for Maintenance Services ("Agreement") in the amount of $360,000 annually. B. The parties now desire to increase the payment for the annual Consumer Price Index adjustment and for additional services in the amount of $411,600 and amend the Agreement as set forth in this Amendment. 2. Section 3 PAYMENT of the Agreement is hereby amended to read as follows: a. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A for maintenance services described in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The first amendment amount shall not exceed Four Hundred Eleven Thousand Six Hundred and 00/100 dollars ($411,600) through December 31, 2005. The total contract amount is Seven Hundred Seventy One Thousand Six Hundred and 00/100 dollars ($771,600). All subsequent years of this three (3) year agreement shall be adjusted upon approval by City staff of the Consumer Price Index (CPI) of Riverside County on January 1st of each year for the term of the Agreement unless additional payment or change order is approved as provided in this Agreement. b. Contractor shall submit invoices monthly for actual services performed detailing the worked performed in a form acceptable to the Director of Finance. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within 30 days of receipt of invoice of any disputed fees set forth in the invoice. C. The City Manager may approve additional payment not to exceed the 10% contingency. Also, the City Manager may approve change orders up to the 10% contingency amount. R:\HARRINGK�AGREEMENTS\AGREEMNT\MIDORI GARDENS LS\Midod Gardens Amendment 04-05.doc 3. Director of Community Services District on behalf of District may add new areas to be maintained by Contractor in accordance with the specifications and terms of this Agreement. District shall pay Contractor for such new areas at the rates set forth in Exhibit A, 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. R:\HARRINGK\AGREEMENTS\AGREEMNT\MIDORI GARDENS LS\Midod Gardens Amendment 04-05.doc 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT BY: Chuck Washington, President ATTEST: 1-ya Susan W. Jones, CMC, City Clerk Approved As to Form: BY: Peter M. Thorson, City Attorney CONTRACTOR Midod Gardens, Inc. 3231 & Main Street Santa Ana, CA 92590 (714)751-8792 (phone) (714)751-4167 (fax) M NAME: TITLE: M NAME: TITLE: (Two Signatures Required For Corporations) R:\HARRINGK\AGREEMENTS�AGREEMN1)MIDORI GARDENS LS\Midori Gardens Amendment 04-05.doc 3 EXHIBIT A Pricing Sheet for Landscape Maintenance NEIGHBORHOOD PARKS SERVICE AREA Site # Site Name Monthly Price AnnualPrice P-1 Veterans Park $ 1,508.84 $ 18,106.08 P-2 Sam Hicks Monument Park 1,626.29 19,515.48 P-3 Calle Aragon Park 134.17 1,610.04 P-4 Bahia Vista Park 134.17 1,610.04 P-5 Loma Linda Park 1,219.72 14,636.64 P-6 Riverton Park 2,032.86 24,394.32 P-7 John Magee Park 406.57 4,878.84 P-9 Voorburg Park 101.64 1,219.68 P-10 Nicolas Road Park 1,219.72 14,636.64 P-1 1 Butterfield Stage Park 1,219.72 14,636.64 P-12 Temecula Duck Pond 2,846.00 34,152.00 P-13 Rotary Park 243.94 2,927.28 P-14 Nakayama Park 101.64 1,219.68 P-15 Winchester Creek Park 1,626.29 19,515.48 P-16 Long Canyon Creek Park 1,271.22 15,254.64 P-17 Vail Ranch Park 6,260.94 75,131.28 P-18 Stephen Michael Linen Jr. Memorial Park 813.14 9,757.68 P-19 Pablo Apis Park 813.14 9,757.68 P-20 Crowne Hill Park 1,463.64 17,563.68 P-21 Meadows Park 2,032.86 24,394.32 P-22 Crowne Hill Park A 2,032.86 24,394.32 P-23 Serena Hills Park 1,321.35 15,856.20 *P-24 Harveston Lake Park 3,400.00 40,800.00 SS-1 Via Eduardo Streetscape 129.38 1,552.56 FC-1 Nada Lane 103.00 1,236.00 T-1 Santa Gertrudis Trail 236.90 2,842.80 TOTAL $34,300.00 $ 411,600.00 (* Supplemental Area) Authorized Signature R:\HARR1 NGK\AGREEMENTS\AGREEMNnM] DORI GARDENS LSUdori Gardens Amendment 04-05.doe 4 Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field/Mon.-Fri. Includes trash removal). Ballfield Preparation (Single field/Sat.&Sun. Includes trash removal). Price per Square Foot Monthly Annual] NO BID sq. ft. .010 .12 sq. ft. .015 .18 sq. ft. NO BID sq. ft. NO BID sq. ft. .007 .084 sq. ft. NO BID per field NO BID per field Authorized Signature R:\HAPRrNGK\AGPEEMENTS\AGREEMN'RMIDORI GARDENS LS\Midori Gardens Amendment 04-05.doc Landscape Maintenance Extra Work Price Sheet 1. Turf Maintenance (All turf areas) Unit Cost 1 . Mowing (including bagging of clippings) $ .022 2. Edging .005 3. String Trimming .005 4. Aerification (Core/3") .005 5. Aerification (Deep Tine/6") .007 6. Weed Removal (Manual) 19.00 7. Pest Control (Manual) 30.00 8. Fertilization (Placement only) .0006 9. Materials (Fertilizer, Soil Amends) 20% General LandscaDe Maintenance (Planters and SIODe areas 1. Edging (Ground Cover) $ .005 2. Trimming (Shrubs, Ground Cover) .015 3. Pruning/Shrubs, Vines, Roses .03 4. Pruning/Trees (To 18') 50.00 5. Weed Removal (Manual) 19.00 6. Pest Control (Manual) 30.00 7. Fertilization (Placement only) .0006 8. Vegetation Removal .03 9. Materials (Fertilizer, Soil Amends) 20% Plant Material (Installed. all areas 1. Annual Color (4" Container) 2. Ground Cover 3. One (1) Gallon 4. Five (5) Gallon 5. Fifteen (15) Gallon 6. 24" Box Tree 7. Seeded Turf 8. Sodded Turf 9. Hydroseed 10. Soil Preparation (Existing area) 11. Soil Preparation (New area) 12. Wood Mulch $ 1.56 16.00 6.00 16.00 65.00 250.00 sq. ft. linear ft. linear ft. sq. ft. sq. ft. per man hr. per man hr. sq. ft. mark-up linear ft. sq. ft. sq. ft. each per man hr. per man hr. sq. ft. sq. ft. mark-up each flat each each each each .30 sq. ft. 1.00 sq. ft. .60 sq. ft. .30 sq. ft. .40 sq. ft. 50.00 cu. yd. (applied) IV. Irrigation System Maintenance 1. Inspection $ 25.00 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 25.00 per hr. 3. Parts 20% mark-up V. General Pest Control 1. Written Recommendation by PCA $ 60.00 each 2. Qualified Applicator (QAC) 3. Trained Applicator 4. Material 35.00 per hr. 25.00 per hr. 20% mark-up R:\HARR[NGK\AGREEMENTS\AGREEMNT\MIDORI GARDENS LS\Midori Gardens Ameridrnent 04-05.doc CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT CONTRACT AGREEMENT FOR MAINTENANCE SERVICES THIS MAINTENANCE CONTRACT, made and entered Into as of November 25, �2003 by and between the Temecula Community Services District (*City"), and Midorl Gardens, Inc. ("Contractorn). In consideration of the mutual covenants and conditions set forth herein, the parties agree as followg: 1. TERM. This Agreement shall commence on January 1. 2004 and shall remain and continue in effect until December 31, 2006 unless sooner terminated pursuant to the provisions of this Agreement. The City reserves the right to extend this agreement for an additional twenty four (24) months within sixty (60) days prior to its expiration. 2. SCOPE OF WORK * Contractor shall perform all of the work described in Exhibit A and as described in the City's Request for Proposal Landscape Maintenance Services, dated March 11, 2003 ("Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the City's Request for Proposal Landscape Maintenance Services, dated March 11, 2003. 3. PAYMENT. The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Three Hundred Sixty Thousand and 00/100 oilers ($--2§Q&0--0.00 —J annually. All Subsequent years of this three (3) year agreement shall be adjusted upon approval by City staff of the Consumer Price Index (CPI) of Riverside County on January 1st of each year for the term of the Agreement unless additional payment or change order is approved as provided in this Agreement. a. Contractor shall submit invoices monthly for actual services performed detailing the work performed in a form acceptable to the Director of Finance. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each Invoice as to all non - disputed fees. If the City disputes any of contractor's fees it shall give written notice to Contractor within 30 days of receipt of Invoice of any disputed fees set forth on the invoice. b. The City Manager may approve additional payment not to exceed the 16% contingency. Also, the City Manager may approve change orders up to the 15% contingency amount. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged In providing similar services as are required of Contractor hereunder in meeting Its obligations under this Agreement. P-4L4RMGK\AGREEMN7NMinor Maintene= 2003 - Midori Gardms.dw 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3., above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made In writing and request for payment. Contractor shall be required to execute an affidavit, release and Indemnify agreement with each claim for payment. 7. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of per them 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. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall Immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. c. The Contractor may ten-ninate this agreement with 120 days written notice to the City. This correspondence must be delivered to the Maintenance Superintendent. 9. LIQUIDATED DAMAGES: SUBSTANDARD AND NONPERFORMANCE a. Contractor may be assessed penalties by City up to one hundred percent (100%) of the monthly value of a site for nonperformance and up to sixty percent (60%) of the monthly value of a site for substandard performance. Such penalties shall be assessed at the discretion of the City. Contractor shall be notified of any penalties in accordance with the terms of this Contract. b. Contractor shall be notified of service failure by delivery of a "Performance Deficiency Notification". 1LMARYJKGK\AGMEMNrMinw Maintemce 2003 - Midoii Garcims.doc Said notice will serve as formal notification that Contractor has Incurred a service deficiency sufficiently material that a payment reduction or contract termination may result if Contractor does not take satisfactory corrective action. The Performance Deficiency Notification will contain the acceptable Ume period for service correction (24 hours to 7 days). Upon re -Inspection of the deficiency, the correction will either be accepted or rejected by the City. If accepted, part or all of the penalties may be waived, regardless of whether City has Incurred loss as a result of said service failure. Contractor will be notified of correction acceptance status by delivery of a "Performance Deficiency Status Memorandumn. Should correction not be accepted, a separate additional Performance Deficiency Notification may be delivered to Contractor, thus Incurring another Performance Deficiency Notice and penalty. c. If Contractor should neglect or refuse or fall for any reason to perform the work, the City may Institute the payment reduction and/or terminate the Contract for nonperformance with ten (10) days written notice to Contractor. d. In case of termination by the City for nonperformance, the City may contract or cause to be done any work not completed at the time of the termination, and the Contractor shall pay for such work. 10. DEFAULT OF CONTRACTOR. a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor Is In default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor falls 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. 11. INDEMNIFICATION. The Contractor 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, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractors negligent or wrongful acts or omissions In performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which &-UiARPNGK\AGREEMNMinorMaintmmce 2003 -Midori GardensAm may arise from or In connection with the performance of the work hereunder by the Contractor, Its agents, representatives, or employees. than: a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Workers Compensation Insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor shall maintain limits no less (1) General Liability: $2,000,000 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) Employer's Liability. $1,000,000 per accident for bodily Injury or disease. C. 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. d. V—erification of Coverage. Contractor 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. Ail endorsements are to be received and approved by the City before work commences. a. Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be Insured against liability for Workman's Compensation or undertake. 6eff- insurance In accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. TIME OF THE ESSENCE: rime Is of the essence in this Contract 14. INDEPENDENT CONTRACTOR. Contractor 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 Contractor shall at all times -be under Contractoes exclusive direction and control. Neither the City nor any of Its officers, employees or agents shall have control over the conduct of Contractor or any of Contractoes officers,. employees or agents, MURMOMORBRANTWinor Maintw=ce 2003 - Midori Cwdem.dm except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are In any manner officers, employees or agents of the City. Contractor shall not Incur or have the power to incur any debt, obligation or liability whatever against the City, or bind City In any manner. a. No employee benefits shall be available to Contractor In connection with the performance of this Agreement. Except for the fees paid to Contractor as provided In the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or Indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILMES. The Contractor shall keep itself informed of State and Federal laws and regulations which In any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and Its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR1 INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTORS AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work 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. .18. PROHIBITED INTEREST. No member, officer, or employee of the City of Temect r 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 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. 19. BOOKS AND RECORDS. Contractors 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. 20. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. P_-UiARR1NGK\A0REEMN1%Minor Maintenance 2003 - MidoTi Gardens.doc 21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center In accordance with Government Code Section 4215. 22. 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. 23. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be In wrriting and may be given either by (1) personal service, (11) 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 (111) 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: To City: City of Temecula 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: Midori Gardens, Inc. 3231 S. Main Street Santa Ana, CA 92707 (714) 751-8792 (phone) (714) 7514167 (fax) 24. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 26. 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 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 jurisdiction over the City of Temecula. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent Investigation of any and all facts such party deems material. 28. - AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. P-4LkRJMGK\A0FYEMNMinor Maintemee 2003 - Midod Gudew.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT 7, Peter M. Thorson, City Attorney CONTRACTOR By: RIM-F FEWER ligore-Twolm "WWW"M 1 (Two Signatures Required for Corporations) PuVLk"JNGK\AGREEMM%Mhiar Maintenance 2003 - Midorl Ganlens.doc Exhibit A Pricing Sheet for Landscape Maintenance NEIGHBORHOOD PARKS SERVICE AREA Site Nam Monthly Price AnnualPrice P-1 Veterans Park $ 1,464.89 $ 17,578.68 P-2 Sam Hicks Monument Park 1,578.92 18,947.04 P-3 Calle Aragon Park 130.26 1,563.12 P-4 Bahia Vista Park 130.26 1,563.12 P-5 Loma Linda Park 1,184.19 14,210.28 P-6 Riverton Park 1,973.65 23,683.80 P-7 John Magee Park 394.73 4,736.76 P-9 Voorburg Park 98.68 1,184.16 P-10 Nicolas Road Park 1,184.19 14,210.28 P-11 Butterfield Stage Park 1,184.19 14,210.28 P-12 Temecula Duck Pond 2,763.11 33,157.32 P-13 Rotary Park 236.83 2,841.96 P-14 Nakayama Park 98.68 1,184.16 P-15 Winchester Creek Park 1,578.92 18,947.04 P-16 Long Canyon Creek Park 1,234.19 14,810.28 P-17 Vail Ranch Park 6.078.58 72.942.96 P-18 Stephen Michael Linen Jr. Memorial Park 789.46 9,473.52 P-19 Pablo Apis Park 789.46 9,473.52 P-20 Crowns Hill Park 1,421.02 17,052.24 P-21 Meadows Park 1,973.65 23,683.80 P-22 Crowns Hill Park A 1,973.65 23,683.80 P-23 Serena Hills Park 1,282.87 15,394.44 SS-1 Via Eduardo Streetscape 125.62 1,507.44 FC-1 Nada Lane 100.00 1,200.00 T-1 Santa Gertrudis Trail 230.00 2,760.00 TOTAL $30,000.00 $ 360,000.00 Authorized Signature k-\HARMGK\AGREEMNrMinor Maintenance 2003 - MidoTi Gardens.doc Pricing Shoot for Landscape Maintenance Services Now Landscape Maintenance Service Areas Price per Square Foot Maintenance Service Area Monthly Annuall Sports Park Service Area (includes ballfield prep.) NO BID sq. ft. Neighborhood Park Service Area .010 .12 sq. ft. Slope Service Area .015 .18 sq. ft. Median Service Area NO BID sq. ft. Community Facility Service Area NO BID sq. ft. Trail Service Area .007 .084 sq. ft. Ballfield Preparation (Single field/Mon.-Fri. NO BID per field Includes trash removal). Ballfield Preparation (Single field/Sat.&Sun. NO BID per field Includes trash removal) Authorized Signature R.*\HARRINGK\AGREEMNT\Minor Maintenance 2003 - Midori Gardens.doc Landscape Maintenance Extra Work Price Shoot Turf Maintenance (All turf areas Unit Coo 1. Mowing (Including begging of clippings) $ .022 sq. ft. 2. Edging .005 linear ft. 3. String Trimming .005 linear ft. 4. Aerification (Core/3") .005 sq. ft. 5. Aerification (Deep Tine/6") .007 sq. ft. 6. Weed Removal (Manual) 19.00 per man hr. 7. Pest Control (Manual) 30.00 per man hr. B. Fertilization (Placement only) .0006 sq. ft. 9. Materials (Fertilizer, Soil Amends) 20% mark-up II. General Landscape Maintenance (Planters and Slope areajs I . Edging (Ground Cover) $ .005 linear ft. 2. Trimming (Shrubs, Ground Cover) .015 sq. ft. 3. Pruning/Shrubs, Vines, Roses .03 sq. ft. 4. Pruning/Trees (To 18') 50.00 each 5. Weed Removal (Manual) 19.00 per man hr. 6. Pest Control (Manual) 30.00 per man hr. 7. Fertilization (Placement only) .0006 sq. ft. 8. Vegetation Removal .03 sq. ft. 9. Materials (Fertilizer, Soil Amends) 20% mark-up Ill. Plant Material (installed, all areas) 1 . Annual Color (4" Container) $ 1.56 each 2. Ground Cover 16.00 flat 3. One (1) Gallon 6.00 each 4. Five (5) Gallon 16.00 each 5. Fifteen (15) Gallon 65.00 each 6. 24" Box Tree 250.00 each 7. Seeded Turf .30 sq. ft. 8. Sodded Turf 1.00 sq.ft. 9. Hydroseed .60 sq.ft. 10. Soil Preparation (Existing area) .30 sq.ft. 11. Soil Preparation (New area) .40 sq.ft. 12. Wood Mulch 50.00 cu.yd.(applied) IV. Irrioation System Maintenance 1. Inspection $ 25.00 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 25.00 per hr, 3. Parts 20% mark-up V. General Post Co 1. Written Recommendation by PCA $ 60.00 each 2. Qualified Applicator (QAC) 35.00 per hr. 3. Trained Applicator 25.00 per hr. 4. Material 20% mark-up R'.UkRR1NrjK\AGREEMNT1Minor Maintenance 2003 - Midori Gardens,doe TCSD DEPARTMENTAL REPORT REDEVELOPMENT AGENCY ITEM 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY DECEMBER 7, 2004 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:56 P.M., in the City Council Chambers, 43200 Business Park Drive, and Temecula. ROLL CALL PRESENT: 5 AGENCY MEMBERS ABSENT: 0 AGENCY MEMBERS Naggar, Roberts, Stone, Washington, and Comerchero None Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS No input. CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of November 23, 2004. Financial Statements for the three months ended September 30, 2004 RECOMMENDATION: 2.1 Receive and file the Financial Statements for the three months ended September 30,2004. Purchase and Sale Agreement for property in Old Town RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION RDA NO. 04-10 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS FOR CERTAIN REAL PROPERTY LOCATED ALONG THE NORTH SIDE OF FIRST STREET, WEST OF OLD TOWN FRONT STREET (APN 922-073-019 AND -021) IN THE CITY OF TEMECULA RWinutes.rdaN120704 3.2 Authorize the expenditure in an amount not to exceed $170,000 for acquisition, escrow, closing costs, appraisal, soils testing, and related fees. MOTION: Agency Member Stone moved to approve Consent Calendar Item Nos. 1 - 3. The motion was seconded by Agency Member Naggar and electronic vote reflected unanimous approval. PUBLIC HEARING 4 Five -Year Implementation Plan RECOMMENDATION: 4.1 Adopt a resolution entitled: RESOLUTION NO. RDA 04-11 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING A FIVE-YEAR IMPLEMENTATION PLAN FOR THE COUNTY OF RIVERSIDE REDEVELOPMENT PLAN NO. 1-1988 Director of Housing and Redevelopment Meyer reviewed the staff report (as per agenda material), noting that this Implementation Plan will cover the period of January 2005 through December 2009. In response to Agency Member Washington, Mr. Meyer noted that the Board has exceeded the expectations of the previous plan. There being on public input, the public hearing was closed. MOTION: Agency Member Naggar moved to adopt Resolution No. RDA 04-11. The motion was seconded by Agency Member Washington and electronic vote reflected unanimous approval. JOINT CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING 5 Second Amendment to the Disposition and Development Agreement for the Temecula Education Center RECOMMENDATION: 5.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 04-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL COMPLEX R:\Mjn utes. rda\1 20704 2 5.2 That the Redevelopment Agency of the City of Temecula adopt a resolution entitled: RESOLUTION RDA NO. 04-12 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND AGK GROUP, LLC, FOR THE TEMECULA EDUCATIONAL COMPLEX Director of Housing and Redevelopment Meyer presented the staff report (of record), addressing the identification of cultural resources and poor soil conditions; noting that the soil condition will require additional soil remediation and alternative foundation designs; that the net increase to the project will be approximately $3 million due mainly to the increase in remediation and the recent increases in material cost; and that approval of the recommendation will extend the schedule of performance by six months. In response to Agency Member Stone, Mr. Meyer noted that he would not foresee any other significant delays with regard to this project. Speaking in support of this project, Mr. Stone expressed his desire for this project to proceed as quickly as possible. Concurring with Mr. Stone's comment about quickly proceeding with this project, Agency Member Washington requested that more information be provided as to cultural artifacts found and the associated delays to which Mr. Meyer responded. Agency Member Roberts requested that staff provide reports with regard to this project on a twice -a -month basis to the Agency. Because of the soils challenges that may extend the grading component and in order to permit to developer to proceed as soon as possible, Executive Director Nelson advised that staff is as well exploring the possibility of entering into a license agreement with the developer. There being no public input, the public hearing was closed. Commenting on the importance of this project and his desire to proceed with it as quickly as possible, Mayor Naggar concurred with Mr. Stone's comments as well as with Mr. Roberts' request to receive an update every two weeks. Agency Member Washington suggested the establishment of a subcommittee to address this matter. Mayor Naggar requested that a project update be provided at the January 25, 2005, City Council meeting at which time the formation of a subcommittee could be discussed. MOTION: Mayor Pro Tem Comerchero moved to approve the staff recommendation. The motion was seconded by Councilman Washington and electronic vote reflected unanimous approval. RAM1nutes.rda%1 20704 AGENCY BUSINESS 6 ADDOintment of ChairDerson and Vice Chairoerson of the RedeveloDment Aaencv for Calendar Year 2005 RECOMMENDATION: 6.1 Entertain motions from the Agency Members to appoint the Chairperson to preside, effective January 1, 2005, until the end of Calendar Year 2005; 6.2 Entertain motions from the Agency Members to appoint the Vice Chairperson, effective January 1, 2005, who will assume the duties of the Chairperson in the Chairperson's absence and hold this office until the end of Calendar Year 2005. MOTION: Agency Member Naggar moved to appoint Agency Member Roberts as the Chairman for calendar year 2005, effective January 1, 2005. The motion was seconded by Agency Member Stone and electronic vote reflected unanimous approval. MOTION: Agency Member Stone moved to appoint Agency Member Naggar as the Vice Chairman for calendar year 2005, effective January 1, 2005. The motion was seconded by Agency Member Washington and electronic vote reflected unanimous approval. EXECUTIVE DIRECTOR'S REPORT Executive Director Nelson relayed staffs excitement with the Temecula Educational Complex. AGENCY MEMBERS'REPORTS Because of the complexity of this project, Agency Member Stone strongly supported Agency Member Roberts' suggestion for staff to provide biweekly reports to the Agency with regard to the Educational Complex project. ADJOURNMENT At 8:12 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, December 14, 2004 in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Jeff Comerchero, Chairman ATTEST: Susan W. Jones, CMC City Clerk/Agency Secretary [SEAL] R: Winutes. rda\1 20704 ITEM 2 APPROVAL CITY ATTORNEY DIR.OF FINANCE CITY MANAGER REDEVELOPMENT AGENCY AGENDA REPORT TO: Shawn E. Nelson, Executive Director FROM: Genie Roberts, Director of Finance DATE: December 14, 2004 SUBJECT: Component Unit Financial Statements for Fiscal Year Ended June 30, 2004 PREPARED BY: Jason Simpson, Assistant Finance Director RECOMMENDATION: That the Redevelopment Agency Board receive and file the Temecula Redevelopment Agency Component Unit Financial Statements for Fiscal Year Ended June 30, 2004. BACKGROUND: Per Section 33080.1 of the Health & Safety Code, the agency is required to submit an annual report to the board within six (6) months of the end of the agency's fiscal year. Also included are the Annual State Controller's Report and the Annual RDA Housing Report (HCD Report.) As a result of a new accounting rule, Governmental and Accounting Standards Board's (GASB) Statement Number 34, Basic Financial Statements and Management's Discussion and Analysis (MD&A) for State and Local Governments, the City is required to change the presentation of its annual financial statements and analysis effective with the fiscal year ending June 30, 2004. Some major changes include the reporting of infrastructure assets, showing activities on a program level, and the inclusion of the MD&A. FISCAL IMPACT: None. ATTACHMENTS: Component Unit Financial Statement State Controller's Report Annual Housing Report TEMECULA REDEVELOPMENT AGENCY COMEPONENT UNIT FINANCIAL STATEMENTS WITH REPORT ON AUDIT BYINDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS JUNE 30, 2004 TEMECULA REDEVELOPMENT AGENCY TABLE OF CONTENTS June 30, 2004 Page Number Independent Auditors' Report 1-2 Management's Discussion and Analysis 3-7 Basic Financial Statements: Statement of Net Assets 8 Statement of Activities 9 Balance Sheet - Governmental Funds 10 Reconciliation of Governmental Funds Balance Sheet to the Statement of Net Assets I I Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds 12 Reconciliation of the Statement of Revenues, Expenditures and Changes in -Fund Balances of Governmental Funds to the Statement of Activities 13 Notes to Basic Financial Statements 14-26 Required Supplementary Information: Budgetary Comparison Schedule - RDA Low and Moderate Income Housing Special Revenue Fund 27 Other Supplementary Information: Computation of Low/Moderate Income Housing Fund - Excess/Surplus 28 Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditiniz Standards 29-30 DIEHL, EVANS & COMPANY, LLP CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS A PARTNERSHIP INCLUDING ACCOUNTANCY CORPORATIONS 2121 ALTON PARKWAY, SUITE 100 IRVINE, CALIFORNIA 92606-4906 (949) 399-0600 - FAX (949) 399-0610 wwwAieblevans.corn September 13, 2004 INDEPENDENT AUDITORS'REPORT Agency Members Temecula Redevelopment Agency Temecula, California NRCHAEL R. LUDIN, CPA CRAIG WSPRAKER, CPA NITIN P. PATEL, CPA ROBERT L CALLANAN, CPA -PHII� H. HOLTKAK9, CPA 'THOMAS M. PERLOWSICL CPA HARVEY 1. SCHROEDER, CPA KENNETH R. ANIES, CPA We have audited the accompanying basic financial statements of the governmental activities and each major fund of the Temecula Redevelopment Agency (a component unit of the City of Temecula), as of and for the year ended June 30, 2004, which collectively comprise the Agency's basic financial statements, as listed in the table of contents. These basic financial statements are the responsibility of the Agency's management. Our responsibility is to express opinions on these basic financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditime Standards issued by the Controller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the basic financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and each major fund of the Temecula Redevelopment Agency as of June 30, 2004, and the respective changes in financial position thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. - 1 - OTHER OFFICES AT: 2965 ROOSEVELT STREET 613 W. VALLEY PARKWAY, SUITE 330 CARLSBAD, CALIFORNIA 92008-2389 ESCONDIDO, CALTFORNIA 92025-2598 (760) 729-2343 - FAX (760) 729-2234 (760) 741-3141 . FAS (760) 741-9890 q In accordance with Government Auditing Standards, we have also issued our report dated September 13, 2004 on our consideration of the Temecula Redevelopment Agency's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. The information identified in the accompanying table of contents as management's discussion and analysis and required supplementary information are not a required part of the basic financial statements, but are supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of this supplementary information. However, we did not audit the information and express no opinion on it. t I Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Temecula Redevelopment Agency's basic financial statements. The computation of the excess surplus of the Low and Moderate Income Housing Special Revenue Fund is presented for additional analysis and is not a required part of the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. z . 6tw�, LLP ') "t"L I -2- Redevelopment Agency Nlanagement's Discussion and Analysis Fiscal Year Ended June 30, 2004 As management of the Temecula Redevelopment Agency Redevelopment agency, we offer readers of the Agency's basic financial statements this narrative overview and analysis of the financial activities of the Agency for the fiscal year ended June 30, 2004. We encourage readers to consider the information presented here in conjunction with additional information that has been furnished in the accompanying basic financial statements. i I Financial Highlights The Agency's governmental activities resulted in net assets (deficit) of $31,098. An increase in nets of $112,422 from the prior year. The liabilities of the Agency exceeded its assets at the close of the current fiscal year by $31,098. Tax increment Revenues increased from $10,949,523 to 11,896,579. Overview of the FInancial Statements The discussion and analysis are intended to serve as an introduction to the Temecula Redevelopment Agency basic financial statements. The agency's basic financial statements comprise three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government -wide financial statements The government -wide financial statements are designed to provide readers with a broad overview of the agency's finances, in a manner similar to a private -sector business. The statement of net assets presents information on all the Temecula Redevelopment Agency assets and liabilities, with the difference between the two reported as net assets. Over tim, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the agency is improving or deteriorating. The statement of activities presents information showing how the government's net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying events giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in the future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). The gOvernment-wide financial statements present information about the functions of the Temecula Redevelopment Agency that is principally supported by taxes and intergovernmental revenues (governmental activities). The governmental activities of the agency include Low and Moderate income Housing, Redevelopment CIP and Debt Service. See independent auditors' report. -3- 11 TEMECULA REDEVELOPMENTAGENCY Management's Discussion and Analysis, continued Year Ended June 30, 2004 Fund financial statements A Jimd is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The Temecula Redevelopment Agency, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmentalfinds. Governmentalftinds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide, financial statements, governmental fund financial statements focus on near-tenn inflows and ouq7ows of spendable resources, as well as on balances on spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near -term financing requirements. Because the focus of governmental fund is narrower than that of the government -wide financial statements, it is useful to compare the information presented for govemmental finuls with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may be better understanding the long-term impact of the government's near -term financing decisions. Both the governmental fund balance sheet and governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between govemmentalJknds and governmental activities. The Temecula Redevelopment Agency maintains various individual government funds. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balances; all of which are considered to be major funds. Notes to the Financial Statements The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. The notes to the financial statements can be found on pages 14-27 of this report. Other information In addition to the basic financial statements and accompanying notes, this report also presents the computation of the Low/Moderate Income Housing Fund's excess/surplus balance. Government -wide Financial Analysis As noted earlier, the net assets for the Temecula Redevelopment Agency decreased (deficit) by $112,422 at June 30, 2004. The agency's primary source of revenue comes from property taxes and Tax Allocation Bonds. The agency's plan is to achieve the objectives of the Redevelopment plans. The following summaries of net assets and change in net assets are presented for the current year prior year amounts for comparative purposes. See independent auditors' report. -4- TEMECULA REDEVELOPMENT AGENCY Management's Discussion and Analysis, continued Year Ended June 30, 2004 Temecula Redevelopment Agency Summary of Net Assets June 30, 2004 and June 30, 2003 Assets: Current and other assets Capital assets Total Assets Liabilities: Long-term liabilities outstanding Other liabilities Total Liabilities Net Assets: Invested in capital assets, net of related debt Restricted Unrestricted Total Net Assets (Deficit) Governmental Activities 2004 2003 $ 20,717,560 $ 23,601,831 10.155.881 7.370.994 30,873,441 30,972,82 27,899,008 28,003,733 3,005,531 3,112,612 30,904,539 31,116,345 (31,098) (143,520 L_____aLM $ (143,52) Temecula Redevelopment Agency Changes in Net Assets For the Years Ended June 30, 2004 and June 30, 2003 Governmental Activities 2004 2003 Revenues: General Revenues: Tax increment Investment earnings Other income Total Revenues Expenses: Community Development Interest expense Total Expenses Change in Net Assets $ 11,896,579 $ 10,949,852 444,411 670,399 500,414 680,209 12,841,404 12,300,460 11,289,231 11,844,030 1,439,751 1,389,402 12,728,982 13,233,432 See independent auditors' report. 5- 11 TEMECULA REOEVELOPMENT AGENCY Management's Discussion and Analysis, continued Year Ended June 30, 2004 nFinancial Analysis of the Government's Funds As noted earlier, the Temecula Redevelopment Agency uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. Governmental funds. The focus of the Temecula Redevelopment Agency's govemmentalfiinds is to provide information on near -term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the Temecula Redevelopment Agency's financing requirements. In particular, unreserved fimd balance may serves as a useful measure of government's net resources available for spending at the end of the fiscal year. The Temecula Redevelopment Agency tax increment grew by 8.6% or $946,727 over the prior year, which is representative of the significant development growth realized during the year. i I Capital Asset and Debt Administration Capital assets The Temecula Redevelopment Agency's investment in capital assets for its governmental activities as of June 30, 2004, amounts to $10.2 million (net of accumulated depreciation). This investment is capital assets include land, furniture and equipment. More detailed information about the agency's capital assets is presented L on page 23 in the Notes to the Basic Financial Statements. Long-term debt At the end of the current fiscal year, the Temecula Redevelopment Agency had $28 miffion of Tax Allocation Bonds backed by the tax increment credit allocated. More detailed information about the agency's long-term debt is presented on page 23 and 24 in the Notes to the Basic Financial Statements. Economic Factors and Next Year's Budgets and Rates The key assumptions of the Agency's forecast for fiscal year 2004-05 were: I A 3% increase in tax increment revenue is projected due to strong commercial and industrial development, as well as increasing property valuations in the project area. 2. To promote, encourage participation in the Farade Improvement Program and to recruit new businesses to open in Old Town. 3. To encourage private investment in the expansion of affordable housing and partner with non-profit and for profit developers to construct affordable fandly and senior housing. All of these factors were considered in preparing the Temecula Redevelopment Agency's annual operating budget for 2004-05 fiscal year. See independent auditors' report. -6- TEMECULA PEDEVELOPMENTAGENCY Management's Discussion and Analysis, continued Year Ended June 30, 2004 Requesb for Infomiation This financial report is designed to provide a general overview of the Temecula Redevelopment Agency's finances for all those with an.interest in the government's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to Temecula Redevelopment Agency Finance Department, P.O. Box 9033, Temecula, California 92589-9033. See independent auditors' report. -7- TEMECULA REDEVELOPMENT AGENCY STATEMENT OF NET ASSETS June 30, 2004 ASSETS: Cash and investments (Note 2) Receivables: Interest Taxes, including interest, penalties and liens Notes Intergovernmental Other Land held for resale Restricted assets (Note 2): Restricted cash and investments with fiscal agents Capital assets (net of accumulated depreciation) (Note 4) TOTALASSETS LIABILITIES: Accounts payable Accrued liabilities Interest payable Deposits Deferred revenue Advances from the City of Temecula Noncurrent liabilities (Note 5): Due within one year Due in more than one year TOTAL LIABILITIES NET ASSETS (DEFICIT): Invested in capital assets, net of related debt Restricted Unrestricted TOTAL NET ASSETS (DEFICIT) Governmental Activities $ 13,375,387 61,085 62,740 1,188,566 13,361 4,475 98,484 5,913,462 10,155,881 30,873,441 37,264 16,061 576,819 115,000 638,184 1,512,203 110,000 27,899,008 30,904,539 (31,098) (31,098) See independent auditors'report and notes to basic financial statements. -8- TEMECULA REDEVELOPNIENT AGENCY STATEMENT OF ACTIVITIES For the year ended June 30, 2004 Net (Expense) Revenue and Changes in Program Revenues Net Assets Operating Capital Charges for Grants and Grants and Governmental Functions/Programs Expenses Services Contributions Contributions Activities PRJMARY GOVEP14NIENT: Governmental activities: Community development $ 11,289,231 $ $ $ - $(11,289,231) Interest expense 1,439,751 - (1,439,751) Total governmental activities $ 12,728,982 $ $ - (12,728,982) GENERAL REVENUES: Taxes: Tax increment 11,896,579 Investment earnings 444,411 Other 404,983 Gain on sale of property 95,431 Total general revenues 12,841,404 CHANGE IN NET ASSETS 112,422 NET ASSETS (DEFICIT) - BEGINNING OF YEAR (143,520) NET ASSETS (DEFICIT) - END OF YEAR $ (31,098) See independent auditors' report and notes to basic financial statements. -9- I TEMECULA REDEVELOPMENT AGENCY BALANCE SHEET - GOVERNMENTAL FUNDS June 30, 2004 ASSETS ash and investments Receivables: Interest Taxes, including interest, penalties and liens Notes Intergovernmental Other Land held for resale Restricted cash and investments with fiscal agents TOTALASSETS LIABILITIES AND FUND BALANCES LIABILITIES: Accounts payable Accrued liabilities Deposits Deferred revenue Advances from the City of Temecula TOTAL LIABILITIES FUND BALANCES: Reserved for: Encumbrances Debt service Land held for resale Low and moderate income housing Long-term assets Unreserved: Designated for capital projects TOTAL FUND BALANCES TOTAL LIABILITIES AND AND FUND BALANCES Total Special Debt Capital Governmental Revenue Service Projects Funds $ 8,208,292 $ 2,724,428 $ 2,442,667 $ 13,375,387 25,578 6,704 28,803 61,085 12,548 50,192 - 62,740 877,191 - 311,375 1,188,566 13,361 - - 13,361 3,994 - 481 4,475 - - 98,484 98,484 1 5,913,461 5,913,462 $ 9,140,964 $ 2,781,325 $ 8,795,271 $ 20,717,560 $ 20,098 $ - $ 17,166 $ 37,264 11,040 - 5,021 16,061 100,000 - 15,000 115,000 481,125 - 157,059 638,184 - 1,512,203 - 1,512,203 612,263 1,512,203 194,246 2,318,712 69,801 - 68,900 138,701 - 1,269,122 - 1,269,122 - - 98,484 98,484 8,062,834 - 8,062,834 396,066 154,316 550,382 - 8,279,325 8,279,325 8,528,701 1,269,122 8,601,025 18,398,849 $ 9,140,964 $ 2,781,325 $ 8,795,271 $ 20,717,560 See independent auditors' report and notes to basic financial statements. 10- TEMECULA REDEVELOPNfENT AGENCY RECONCILIATION OF GOVERNMENTAL FUNDS BALANCE SHEET TO THE STATEMENT OF NET ASSETS June 30, 2004 Amounts reported for governmental activities in the Statement of Net Assets are different because: Fund balances for governmental funds Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the governmental funds Long-term liabilities applicable to the Agency's governmental activities are not due and payable in the current period and accordingly are not reported as fund liabilities. All liabilities, both current and long-term are reported in the Statement of Net Assets: Tax allocation bonds payable Compensated absences Accrued interest payable for the current portion of interest due on long-term liabilities has not been reported in the governmental funds Net assets (deficit) of governmental activities $ 18,398,848 10,155,881 (27,960,000) (49,008) (576,819) (31,098) See independent auditors'report and notes to basic financial statements. -I]- TEMECULA REDEVELOPNIENT AGENCY STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - GOVERNNEENTAL FUNDS For the year ended June 30, 2004 REVENUES: Tax increment revenue Investment and rental Other TOTALREVENUES EXPENDITURES: Current: Community development Capital outlay Debt service: Principal retirement Interest and fiscal charges Pass -through TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES): Sale of property Transfers in Transfers out TOTAL OTHER FINANCING SOURCES (USES) NET CHANGE IN FUND BALANCES FUND BALANCES - BEGINNING OF YEAR FUND BALANCES - END OF YEAR Total Special Debt Capital Governmental Revenue Service Projects Funds $2,379,316 $ 9,517,263 $ - $ 11,896,579 158,040 23,986 262,385 444,411 335,353 - 69,630 404,983 2,872,709 9,541,249 332,015 12,745,973_ 542,808 134,600 1,267,592 1,945,000 2,797,631 - 2,846,688 5,644,319 - 95,000 - 95,000 1,440,939 1,440,939 6,479,524 - 6,479,524 3,340,439 8,150,063 4,114,280 15,604,782 (467,730) 1,391,186 (3,782,265) (2,858,809) - 95,431 95,431 1,000,000 1,000,000 - (1,000,000) - (1,000,000) - (1,000,000) 1,095,431 95,431 (467,730) 391,186 (2,686,834) (2,763,378) 8,996,431 877,936 11,287,859 21,162,226 $ 8,528,701 $ 1,269,122 $ 8,601,025 $ 18,398,848 See independent auditors' report and notes to basic financial statements. -12- TEMECULA REDEVELOPNIENT AGENCY RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATENIENT OF ACTTVrITES June 30, 2004 Amounts reported for governmental activities in the Statement of Activities are different because: Net change in fund balances - total governmental funds $ (2,763,378) Governmental funds report capital outlays as expenditures. However, in the statement of activities, the costs of those assets are allocated over their estimated useful lives as a depreciation expense. This is the amount by which capital outlays and dispositon of assets exceeded depreciation in the current period: Capital outlay $ 2,881,383 Dispostion of assets (96,496) Depreciation expense The issuance of long-term debt provides current financial resources to governmental funds, while the repayment of long-term debt consumes the current financial resources of governmental fund. Neither transaction, however, has any effect on net assets. 7 Principal retirement I Net change in compensated absences Some expenses reported on the Statement of Activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental funds: Net change in accrued interest Change in net assets of governmental activities 2,784,887 95,000 (5,275) 1,188 112,422 See independent auditors'report and notes to basic financial statements. - 13- NOTES TO BASIC FINANCIAL STATEMENTS TENECULA REDEVELOPMENT AGENCY NOTES TO BASIC FINANCIAL STATEMENTS June 30, 2004 H1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: History and Organization: The Temecula Redevelopment Agency (the Agency) was established during July 1991 pursuant to Tj the State of California Health and Safety Code Section 33000, entitled "Community Redevelopment Law". The Agency acts as a legal entity, and the City Council of the City of Temecula (the City) functions as the Agency's governing board. The primary purpose of the Agency is to eliminate blighted areas by encouraging the development of residential, commercial, industrial, recreation and public facilities. The Agency is a component unit of the City of Temecula. City Council members serve as the Executive Board of the Agency, and thus, the funds of the Agency have been included within the scope of the Comprehensive Annual Financial Report of the City of Temecula. j The Agency office and records are located at City Hall, 43200 Business Park Drive, Temecula, California. Measurement Focus, Basis of Accounting and Financial Statement Presentation: The basic financial statements of the Agency are composed of the following: Government -wide financial statements Fund financial statements * Notes to the basic financial statements Financial reporting for the government -wide financial statements is based upon all GASB pronouncements, as well as the FASB Statements and Interpretations, APB Opinions, and Accounting Research Bulletins that were issued on or before November 30, 1989 that do not conflict with or contradict GASB pronouncement. FASB pronouncements issued after November 30, 1989 are not followed in the preparation of the accompanying financial statements. See independent auditors' report. -14- 11 TEMECULA REDEVELOPMENT AGENCY nNOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2004 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTR-TUED): Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued): Government -wide Financial Statements: The govemment-wide financial statements (i.e., the statement of net assets and the statement of activities) report information on all of the activities of the Agency. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from T business -type activities, which rely to a significant extent on fees and charges for support. The Temecula Redevelopment Agency has no business -type activities. The statement of activities demonstrates the degree to which the direct expenses of a given function are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function. Program revenues include 1) charges to customers who purchase, use, or directly benefit from goods, services, or privileges provided by a given function and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Taxes and other items not properly included among program revenues are reported instead as general revenues. Fund Financial Statements: The accounting system of the Agency is organized and operated on the basis of separate funds, each of which is considered to be a separate accounting entity. Each fund is accounted for by providing a separate set of self -balancing accounts that constitute its assets, liabilities, fund equity, revenues, and expenditures. Governmental resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. Fund financial statements for the Agency's governmental funds are presented after the government -wide financial statements. These statements display information about major funds individually and nonmajor funds in the aggregate for governmental funds. The Agency has no nomnajor funds. See independent auditors' report. _15- TEMECULA REDEVELOPMENT AGENCY NOTES TO BASIC FINANCIAL STATEMENTS (CONTDaMD) June 30, 2004 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued): Fund Financial Statements (Continued): The funds of the Agency, all of which are major funds are described below: Governmental Fund Types The Special Revenue Fund accounts for the monies set aside for low and moderate income housing projects. The Debt Service Fund accounts for the payment of interest and principal on long-term debt, and the accumulation of resources to finance debt service costs. The Capital Proiects Fund accounts for the financial resources used in developing the project area, as well as the administrative expenditures incurred in sustaining Agency activities. Measurement Focus: Measurement focus is a term used to describe "which" transactions are recorded within the various financial statements. Basis of accounting refers to "when" transactions are recorded regardless of the measurement focus applied. On the government -wide Statement of Net Assets and the Statement of Activities, activities are presented using the economic resources measurement focus. Under the economic resources measurement focus, all (both current and long-term) economic resources and obligations of the government are reported. In the fund financial statements, all governmental funds are accounted for on a spending or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. Their reported fund balances (net current assets) are considered a measure of "available spendable resources". Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly, they are said to present a summary of sources and uses of available spendable resources during a period. See independent auditors' report. -16- TEMECULA REDEVELOPMENT AGENCY NOTES TO BASIC FINANCLAL STATEMENTS (CONTINUED) June 30, 2004 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTETUED): Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued): Measurement Focus (Continued): However special reporting treatments are used to indicate, noncurrent portions of long-term receivables due to governmental funds are reported on their balance sheets in spite of their measurement focus and, that they should not be considered "available spendable resources", since they do not represent net current assets. Recognition of governmental fund type revenue represented by noncurrent receivables are deferred until they become current receivables. Noncurrent portions of other long-term receivables are offset by fund balance reserve accounts. Revenues, expenses, gains, losses, assets, and liabilities resulting from nonexchange transaction are recognized in accordance with the requirements of GASB Statement No. 33. Because of their spending measurement focus, expenditure recognition for governmental fund types excludes amounts represented by noncurrent liabilities. Since they do not affect net current assets, such long-term amounts are not recognized as governmental fund type expenditures or fund liabilities. Amounts expended to acquire capital assets are recorded as expenditures in the year that resources were expended, rather than as fund assets. The proceeds of long-term debt are recorded as other financing sources rather than as a fund liability. Amounts paid to reduce long-term indebtedness are reported as fund expenditures. When both restricted and unrestricted resources are combined in a fund, expenses are considered to be paid first from restricted resources, and then from unrestricted resources. Basis of Accounting: In the government -wide Statement of Net Assets and Statement of Activities, the governmental activities are presented using the accrual basis of accounting. Under the accrual basis of accounting, revenues are recognized when earned and expenses are recorded when the liability is incurred or economic asset used, regardless of the timing of related cash flows. Revenues, expenses, gains, losses, assets, and liabilities resulting from exchange and exchange -like transactions are recognized when the exchange takes place. See independent auditors' report. - 17- TEMECULA REDEVELOPMENT AGENCY NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2004 1. SUNflv1ARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTETUED): Measurement Focus, Basis of Accounting and Financial Statement Presentation (Continued): Basis of Accounting (Continued): I J In the fund financial statements, governmental funds are presented using the modified -accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Measurable means that the amounts can be estimated, or otherwise determined. Available means that the amounts were collected during the reporting period or soon enough thereafter to be available to finance the expenditures accrued for the reporting period. Revenue recognition is subject to the measurable and availability criteria for the governmental funds in the fund financial statements. Exchange transactions are recognized as revenues in the period in which they are earned (i.e., the related goods or services are provided). Locally imposed derived tax revenues are recognized as revenues in the period in which the underlying exchange transaction upon which they are based takes place. Imposed nonexchange transactions are recognized as revenues in the period for which they were imposed. If the period of use is not specified, they are recognized as revenues when and enforceable legal claim to the revenues arises or when they are received, whichever occurs first. Government -mandated and voluntary nonexchange transactions are recognized as revenues when all applicable eligibility requirements have been met. Revenues accrued by the Agency include property taxes levied and collected within 60 days from the end of the. fiscal year. Budgetary Practices: In conjunction with the City's budgeting process, the Agency adopts annual operating budgets for the Special Revenue and Debt Service Funds that are on a basis consistent with accounting principles generally accepted in the United States of America. The legal level of budgetary control, that is, the level at which expenditures cannot exceed appropriations, is the fund level for these funds. The Executive Director may transfer appropriations between departments within the same fund. All increases at the overall fund level must be approved by the Agency's Board. All unencumbered budget appropriations in the Special Revenue and Debt Service Funds automatically lapse at the end of the fiscal year. Capital projects are budgeted on a project -by -project basis in the Capital Projects Fund. Total Capital Projects expenditures may not exceed appropriations unless approved by the Agency's Board. Remaining appropriated amounts are carried forward in the Capital Projects Fund to each new fiscal year until such time as the projects art, completed or terminated. See independent auditors' report. M" q TEMECULA REDEVELOPMENT AGENCY nNOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30,2004 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTI1,TUED): Encumbrances: Unexpended and unencumbered appropriations of the governmental funds automatically lapse at the end of the fiscal year. As of June 30, 2004 all encumbrances at year-end were closed. Unexpended appropriations are reencumbered in the following year after reconsideration, without additional budget appropriations. Cash and Investments: The Agency's cash and investments are pooled for investment purposes. Investments are stated at fair value (quoted market price or the best available estimate thereof). Land Held for Resale: ' I Land held for resale is carried in the capital projects fund at the lower of acquisition cost or estimated net realizable value. The land values are re -appraised on a periodic basis and any adjustments on the properties are shown in the capital projects fund statement of revenues, expenditures and changes in fund balance. Capital Assets and Depreciation: Capital assets, which consist of land, buildings, machinery and equipment, and office furniture, are reported in the government -wide financial statements. Capital assets are defined by the Agency as assets with an initial cost of more than $5,000 and an estimated life in excess of I year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The Agency has no infrastructure assets. The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Deferred Revenue: Deferred revenue consists primarily of offsets to loans receivable, which are not currently available for expenditure. See independent auditors' report. - 19- 11 TEMECULA REDEVELOPMENT AGENCY NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June30,2004 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTRTUED): Self -Insurance Program: The Agency participates in the self-insurance program of the City of Temecula. Information relating to the self-insurance program can be found in the notes to the basic financial statements of the City of Temecula. Property Taxes and Tax Increment Financing: The Agency's primary source of revenue comes from property taxes, referred to in the accompanying financial statements as "tax increment revenue". The assessed valuation of all property within each project area was determined on the date of adoption of the Project Area. Except for certain amounts provided by specific agreement (see Note 7), property taxes related to the incremental increase in assessed values after the adoption of the Project Area have been allocated to the Agency, while all property taxes on the "frozen" assessed valuation as of the adoption date have been allocated to the City and other districts. Property taxes attach as an enforceable lien on property as of January 1. Taxes are levied on July 1 and are payable in two installments on November 1 and February 1 and become delinquent on December 11 and April 11. The County bills and collects the property taxes and allocates installments to various jurisdictions throughout the year. The County is permitted by California State constitution, as amended, to levy taxes at 1% of fall market value (assessed value). The growth in the full market value is limited to 2% annually and the value of new construction and improvements. The Agency receives a share of this basic levy resulting from incremental growth of the assessed value over a base value established when the Agency project area was formed or amended. Fund Balances: Fund balance reserves represent those portions of fund balances not appropriable for expenditure or legally segregated for a specific future use. Designated fund balances represent tentative plans for future use of financial resources. I See independent auditors' report. -20- n TEMECULA REDEVELOPMENT AGENCY NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2004 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED): Use of Estimates: The preparation of basic financial statements in conforri-ifty with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions and affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the basic financial statements and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. 2. CASH AND INVEST?�M.NTS: The Agency's cash and investments are presented on the accompanying statement of net assets as follows: Cash and investments $ 13,375,387 Restricted cash and investments with fiscal agents 5,913,462 The Agency's cash and investments are pooled with the City of Temecula and allocated to individual funds except for amounts with fiscal agents, which are recorded in the Debt Service Fund and Capital Projects Fund. Interest income from cash and investments is allocated to various funds based on average quarterly cash and investment balances. Interest income from restricted cash and investments with fiscal agents is credited directly to the fund. Authorized Investments: Under provisions of the Agency's Investment Policy, and in accordance with Section 53601 of the California Government Code, the Agency may invest in the following types of investments: * Securities of the U.S. Government, or its agencies 9 Bankers' acceptances 9 Commercial paper of prime quality Negotiable certificates of deposit Repurchase agreements Local Agency Investment Fund (State pool) Time deposits Money market funds See independent auditors' report. -21- TEMECULA REDEVELOPMENT AGENCY NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2004 H2. CASH AND INVESTMENTS (CONTRTUED): I Authorized Investments (Continued): The Agency also has monies held by trustees or fiscal agents pledged to the payment or security of certain long-term debt issuances. The California Government Code provides that these monies, in the absence of specific statutory provisions governing the issuance of bonds, may be invested in accordance with the ordinance, resolutions or indentures specifying the types of investments its trustees or fiscal agents may make. These ordinances, resolutions and indentures are generally more restrictive than the Agency's general investment policy. Restricted Cash and Investments with Fiscal Agents: The restricted cash and investments with fiscal agents consisted of $31,243 in money market mutual funds and $5,882,219 investment in the California Local Agency Investment Fund which are not required to be categorized under the interpretive guidelines of Governmental Accounting Standards Board Statement No. 3. The additional information required by GASB Statement No. 3 related to cash and investments is available in the annual report of the City. California Local Agency Investment Fund (LAIF) The Agency is a voluntary participant in the California Local Agency Investment Fund (LAIF) that is regulated by California Code Section 16429 under oversight of the Treasurer of the State of California. Per LAIF guidelines, the Redevelopment Agency may invest up to $40,000,000 in the fund. Investments in LAIF are highly liquid, as deposits can be converted to cash within 24 hours without loss of interest. The total fair value of LAIF at June 30, 2004 was $57,600,699,158. The Redevelopment Agency's proportionate share of the fair value of its investments in LAIF amounted to $5,882,219. Included in LAIF's investment portfolio are certain derivative securities or similar products, and asset backed securities totaling $923,459,000. LAIF's and the Agency's, exposure to credit, market, or legal risk is not available. Additional information required by Government Accounting Standards Board Statement No. 3 regarding the cash and investments pooled with the City of Temecula is available in the. City's Comprehensive Annual Financial Report. See independent auditors' report. -22- TEMECULA REDEVELOPMENT AGENCY NOTES TO BASIC FINANCIAL STATEMENTS (CONTINIJED) June 30, 2004 11 3. LAND HELD FOR RESALE: Land held for resale consists of property acquired by the Agency and held for resale. The property is carried in the Agency's Capital Projects Fund at the lower of cost or estimated net realizable value. The estimated net realizable value at June 30, 2004 is $98,484 with this amount offset by a reservation of fund balance. Certain properties held by the Agency have been leased to private parties with future options to purchase the land. 4. CAPITALASSETS: A summary of capital assets for the year ended June 30, 2004 is as follows: Balance at Balance at July 1. 2003 Additions Deletions June 30, 2004 Capital assets, not being depreciated: Land $ 7,370,994 $ 2,881,383 $ (96,49 $ 10,155,881 Capital assets, being depreciated: Office furniture and equipment Less accumulated depreciation for: Office furniture and equipment Total capital assets, being depreciated Net Capital Assets 5. LONG-TERM LIABILITIES: 7,780 7,780 (7,78 (7,780 7,370.92 L—ObA26 A summary of changes in long-term liabilities for the year ended June 30, 2004 is as follows: Balance at Balance at Due within July 1, 2003 Additions Deletions June 30, 2004 One Year 2002 Tax Allocation Bonds $ 28,055,000 $ - $ (95,000) $ 27,960,000 $ 110,000 Compensated absences 43,733 5,275 49,008 - Totals k-2&08 7-33 I—ilSo �000 See independent auditors' report. -23- TEMECULA REDEVELOPMENT AGENCY NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2004 5. LONG-TERM LIABILITIES (CONTEMED): 2002 Tax Allocation Bonds Payable: in April of 2002 the Redevelopment Agency of the City of Temecula issued $28,055,000 of 2002 Tax Allocation Bonds consisting entirely of current interest bonds. The proceeds from the bonds were used to refund the Agency's Redevelopment Project No. 1 1993 Series A Tax Allocation Bonds, discharge an obligation pursuant to the County Pass -Through Agreement of the Agency to the County of Riverside, finance redevelopment activities within or of benefit to the Project Area and provide for the costs of issuing the 2002 Bonds, including the premium for the financial guaranty insurance policy and Debt Service Reserve Surety Bond. A portion of the proceeds from the sale of the 2002 Bonds, together with certain funds made available through the defeasance of the refunded bonds, were deposited in trust with an escrow agent to provide the remaining debt service payments on the refunded debt. The trust invests solely in direct obligations of the United States Government. The advanced refunding met the requirements of an in -substance defeasance. The Project 1993 bonds were removed from the RDA!s long-term debt. The amount of defeased debt outstanding was called on June 10, 2002. The 2002 Tax Allocation Bonds consist of: 1) $9,030,000 of Serial Bonds with annual interest rates ranging from 3.0% to 5.0%, maturing on August I of each year beginning in 2003 through 2020 in amounts ranging from $95,000 to $755,000; 2) $6,485,000 of 5.125% Term Bonds due August 1, 2027 and 3) $12,540,000 of 5.250% Term Bonds due August 1, 2036. $ 27,960,000 The future debt service requirements on the Tax Allocation Bonds are as follows: Year Ending June 30, 2005 2006 2007 2008 2009 2010-2014 2015-2019 2020-2024 2025-2029 2030-2034 2035-2037 Principal Interest $ 110,000 $ 1,382,716 405,000 1,374,485 415,000 430,000 445,000 2,525,000 3,130,000 3,980,000 5,105,000 6,580,000 4,835,000 1,361,160 1,345,816 1,328,316 5,739,738 5,788,131 4,740,750 3,814,500 2,340,975 516,338 Total $ 1,492,716 1,779,485 1,776,160 1,775,816 1,773,316 8,264,738 8,918,131 8,720,750 8,919,500 8,920,975 5,351,339 i_51&�25 See independent auditors' report. -24- TEMECULA REDEVELOPMENT AGENCY NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) June 30, 2004 5. LONG-TERM LIABILITIES (CONTINUED): Compensated Absences: This liability represents the total unpaid vacation and compensation time earned by employees of the Agency. Total long-term liabilities 6. DITERFUND TRANSFERS: Mransfers: RNMEME Transfers of $1,000,000 were made from the Debt Service Fund to the Capital Projects Fund to cover operating expenditures in the Capital Projects Fund. 7. PASS -THROUGH AGREEMENTS: The Agency has entered into agreements with various governmental entities to "pass -through" portions of tax increments received to entities, which are located within the Agency's project areas. Tax incremental revenues passed through to other agencies during fiscal year 2004 totaled $6,479,527 8. AFFORDABLE HOUSING GRANT AND LOAN AGREEMENTS: The Agency sponsors a program to help first time home buyers afford a home in Temecula. This program is called the First Time Buyers Program. It provides a 30-year second mortgage at 5% interest to qualified buyers. The maximum assistance is 20% of the purchase price plus closing costs up to a maximum of $24,000. The loan is deferred for the first 5 years, and then fully amortized in years 6 to 30. The balance due the RDA at June 30, 2004 is $158,938 with $70,922 deferred and $88,016 being amortized. The Agency also sponsors a home improvement loan program. Under this program qualified residents may borrow up to $5,000 at 5% interest for up to five years. The loan is only made to fund certain repairs. The program contains provisions allowing the loans to be forgiven at the end of the five year term if those provisions are not breached. As of June 30, 2004 the RDA was owed $394,953 under this program. See independent auditors' report. -25- TEMECULA REDEVELOPMENT AGENCY NOTES TO BASIC FINANCIAL STATEMINTS (CONTINUED) June 30, 2004 H9. COMMITMENTS AND CONTINGENCIES: Claims and Judgments: At June 30, 2004, the Agency was a defendant in a number of lawsuits arising in the ordinary course of operations, which allege liability on the part of the Agency in connection with workers compensation and general liability matters. Management believes that potential losses relating to these lawsuits will not materially affect the financial position of the Agency. 10. NO COMMITMENT DEBT: On April 25, 1996, the Redevelopment Agency of the City of Temecula issued $2,427,500 of Multifamily Housing Revenue Bonds. The proceeds of the issuance were loaned to the Coachella Valley Housing Coalition (the "Borrower"), a California nonprofit public benefit corporation, to enable the Borrower to acquire and rehabilitate a 150-unit multifamily housing rental apartment development located in the City. A portion of the housing units is rented to persons of very low income. The Borrower makes loan payments to the trustee, an assignee of the Agency, of amounts sufficient to pay in full all principal and interest due on the bonds. The bonds are a special obligation of the Agency payable solely, from revenues of the Borrower and other funds pledged pursuant to the trust indenture. At June 30, 2004 these bonds had an outstanding balance of $1,816,000. On July 17, 1998 the Redevelopment Agency of the City of Temecula borrowed $5,800,000 from Washington Mutual Bank, FA. The proceeds were loaned to Temecula Gardens LP (the "Borrower"), a California limited partnership, to assist the Borrower in the acquisition of land, acquisition and rehabilitation of an existing multi -family housing rental project consisting of 38 units and related appurtenant facilities located on such land, and construction of an additional 38 housing units and related appurtenant facilities located on such site. All of the housing units are to be rented exclusively to persons or fan -lilies of very low or lower income. The financing has received a bond volume allocation from the Califonlia Debt Limit Advisory Commission. The loan is payable solely from project revenues (which include an annual Redevelopment Agency contribution). The loan is secured by a pledge of project revenues, and deed of trust encumbering Temecula Gardens, LPs leasehold interest in the project site. At June 30, 2004 these bonds had an outstanding balance of $17,3 10,000. The RDA only acts as an agent in respect to these revenue bonds and notes. It does not have any obligation to pay these debts. See independent auditors' report. -26- REQUIRED SUPPLEMENTARY INFORMAnON TEMECULA REDEVELOPMENT AGENCY BUDGETARY CONTARISON SCHEDULE RDA LOW AND MODERATE INCOME HOUSING SPECIAL REVENUE FUND For the year ended June 30, 2004 Variance with Final Budget Budgeted Amounts Positive or,27 Final Actual (Negative) REVENUES: Taxes $ 2,223,871 $ 2,223,871 $ 2,379,316 $ 155,445 investment and rental 216,000 216,000 158,040 (57,960) Other 201,000 201,000 335,353 134,353 TOTAL REVENUES 2,640,871 2,640,871 2,872,709 231,838_ EXPENDITURES: Current: Community development 904,930 936,401 542,808 393,593 Capital outlay 6,665,370 6,673,361 2,797,631 3,875,730 TOTAL EXPENDITURES 7,570,300 7,609,762 3,340,439 4,269,323 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (4,9N,429) (4,968,891) (467,730) 4,501,161 FUND BALANCE - BEGINNING OF YEAR 8,996,431 8,996,431 8,996,431 - FUND BALANCE - END OF YEAR $ 4,067,002 $ 4,027,540 $ 8,528,701 $ 4,501,161 See independent auditors' report. -27- OTHER SUPPLEMENTARY INFORMAXION TEMECULA REDEVELOPMENT AGENCY COWUTATION OF LOW/M[ODERATE INCOME HOUSING FUND - EXCESS/SURPLUS July 1, 2003 OPENING FUND BALANCE - JULY 1, 2003 LFISS UNAVAILABLE AMOUNTS: Notes receivable AVAILABLE LOW/MODERATE INCOME HOUSING FUNDS LIMITATION (GREATER OF $1,000,000 OR FOUR YEARS SET -ASIDE): Set -aside for last four years: 2002-2003 2001-2002 2000-2001 1999-2000 TOTAL SET -ASIDE FOR LAST FOUR YEARS Base limitation GREATER AMOUNT COMPUTED EXCESS/SURPLUS - JULY 1, 2003 $ 2,189,970 2,125,311 1,860,100 1,415,019 $ 7,590,400 $ 1,000,000 All Project Areas $ 8,996,431 (1,219,805) 7,776,626 7,590,400 $ 186,226 See independent auditors' report. 9 m. DIEHL, EVANS & COMPANY, LLP CERrIFIED PUBLIC ACCOUNTANTS & CONSULTANTS nA PARTNERSHIP INCLUDING ACCOUNTANCY CORPORATIONS 2121 ALTON PARKWAY, SUITE 100 IRVINE, CALIFORNIA 91106-4911 (949) 399-0600 - FAX (949) 399-0610 www,dieh1ev=s.w MICHAEL R. LUDIN;CPA CRAIG W. SPRAKER, CPA NITIN P. PATEI, CPA ROBERT 3. CALLANAN, CPA -PHLIP H. HOLTKAMP, CPA -THOMAS K PERLOWSKI. CPA HARVEY J. SCHROEDER, CPA KENNETH R- AMES, CPA -A�SIONAL�Mn� September 13, 2004 INDEPENDENT AUDITORS'REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATIERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS The Board of Directors Temecula Redevelopment Agency Temecula, California We have audited the financial statements of the governmental activities and each major fund for the Temecula Redevelopment Agency as of and for the year ended June 30, 2004, which collectively comprise the Temecula Redevelopment Agency's basic financial statements and have issued our report thereon dated September 13, 2004. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Temecula Redevelopment Agency's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinions on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements caused by error or fraud in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. -29- OTHER OFFICES ATi 2965 ROOSEVELT STREET 613 W. VALLEY PARKWAY, SUITE 330 CARLSBAD, CALIFORNIA 92008-2389 ESCONDIDO, CALIFORNIA 92025�2598 (760) 729-2343 - FA-X (760) 729-2234 (760) 741-3)41 - FAX (760) 741-9890 ComUliance and Other Matters As part of obtaining reasonable assurance about whether the financial statements of the Fullerton Redevelopment Agency are free of material misstatements, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. Such provisions included those provisions of laws and regulations identified in the Guidelines For CoWliance Audits of California Redevelopment Agencies, issued by the State Controller and as interpreted in the Suggested Auditing Procedures for Accomplishing Comi)liance Audits of California Redevelopment Agencies, issued by the Governmental Accounting and Auditing Committee of the California Society of Certified Public Accountants. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed one instance of noncompliance or other matters that is required to be reported under Government Auditing Standards which are described below: Pursuant to California Health and Safety Code Section 33080.4, a property and blight progress report must be produced and submitted to the Agency's legislative body and the State Controller on an annual basis. For the fiscal year ended June 30, 2003, those reports were not produced and submitted as required. This report is intended solely for the information and use of the Temecula Redevelopment Agency Members and management of the Temecula Redevelopment Agency and the State Controller's Office, Division of Accounting and Reporting and is not intended to be and should not be used by anyone other than these specific parties. LLP -30- DIEHL, EVANS & COMPANY, LLP CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS A PARTNERSHIP INCLUDING ACCOUNTANCY CORPORATIONS 2121 ALTON PARKWAY, SUITE 100 IRVINE, CALIFORNIA 926064906 (949) 399-0600 - FAX (949) 399-0610 wwYdiehlevans.com December 3, 2004 INDEPENDENT ACCOUNTANTS'COMPILIATION REPORT Agency Members Temecula Redevelopment Agency Temecula, California WCHAEL R. LUD�, CPA CRAIG W. SPRAKEP, CPA NITIN P. PATEL. CPA ROBERT J. CALIANAN ' CPA -PHILIP H. HOLTKAhiP, CPA -TBONtAS M. PERIOWSKL CPA -HARVEY J SCHROEDER, CPA KENNETH R. A�IES, CPA 'A MOITSSION� MMPATION We have compiled the accompanying Financial Transactions Report and Supplement to the Annual Report of the Temecula Redevelopment Agency (Report) for the 2003-2004 fiscal year included in the accompanying prescribed form. Our compilation is limited to presenting in the form prescribed by the California State Controller's office information that is the representation of management. We have not audited or reviewed the accompanying Report and, accordingly, do not express an opinion or any other form of assurance on it. The Report is presented in accordance with the requirements of the California State Controller's office, which differ from accounting principles generally accepted in the United States of America. Accordingly, the Report is not designed for those who are not informed about such differences. I . -�) "OCL 10, OTHER OFFICES AT 2965 ROOSEVELT STREET 613 W. VALLEY PARKWAY, SMTE 330 CARLSBAD, CALIFORNIA 92008-2389 ESCONDIDO. 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Governmen s furnishing this information will no longer receive Census Bureau Form F-32, Survey of Local Government Finances. If you have any questions please contact: U.S. Bureau of the Census Jeffrey Little 1-800-2424523 A. Personnel Expenditures Report your government's total expenditures for salaries and wages during the year, including amounts paid on force account construction projects. I ZOO 1 $ 347,096 1 B. Mortgage Revenue Bond Interest Payments Report your government's total amount of interest paid on mortgage revenue bonds during the year. U20 1$ 1.44n�q4o U.S Sumu of the Census — Ptevised 05/2004 F-- 1--1-9 LOEM SAM OF CALIFORNIA �BUSINESS.TRANSPORTATION AND HOUSTNG AQFNCY ARNOLD SCHWAR7FINIMCF11, Qyern DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Division of Housing Policy Development 1800 Third Street, Suite 430 P. 0. Box 952053 Sammento, CA 94252-2053 (916) 323-3177 FAX (916) 327-2643 July 2, 2004 . MEMORANDUM FOR: Local Redevelopment Agency Officials 6i&.CWWW FROM: Cathy vreswell, Deputy Director Division of Housing Policy Development SUBJECT: Reporting Forms (Schedules HCD-A, B, C, Dl-D7 and E) Attached are reporting forms to fulfill the annual reporting requirements on the status and use of the low- and moderate -income housing funds (Low -Mod funds) and housing activities for FY 2003-04. These forms can be downloaded at our website (b�qp://www.hcd.ca.izo or a word version of the forms can be e-mailed to you. Many agencies electronically report data using Department of Housing and Community Development's (HCD) RDA On -Line System Generated Reports in place of submitting paper forms. On-line reporting enables agencies to self -report, print "summary data" similar to data that HCD publishes in its annual report on Redevelopment Housing Activities, and provides agencies the opportunity to review and correct data before submittal to HCD for publication. State law requires redevelopment agencies (RDA) to file their report within six months of the agency's FY end (for most agencies, reports must be received by December 31, 2004). Pursuant to Health and Safety Code sections (Section 33080, et.al.), HCD is required to annually report to the Legislature on the source, use, and status of redevelopment agencies' Low -Mod funds and agency housing activities. You may download the code sections at hLV://www.leginfo.ca.pov/calaw.html. All RDAs, regardless of status (new, inactive, etc.) or choice of reporting method (electronic or forms), must at least complete the attached HCD cover sheet. Return the cover sheet (and, if applicable, completed schedgI2§1 to the State Controller (SCO) by the reguired due date. To fulfill the reporting requirements, please follow the guidelines listed below: I . Cover sheet. Report general information and identify the schedules required to be completed. 2. Please answer each line item or state "not applicable" (N/A) or "none" where a line item does not apply or there was no activity. 3. Report dates numerically (e.g., report June 30, 2004 as 6/30/2004). 4. Round amounts to nearest dollar and ensure total fund equity is consistent with that reported to SCO. Please note the opportunity for agency recognition (Item 21 of Schedule HCD-Q. It is important to showcase your agency's affordable housing projects or programs conducted over the reporting year. HCD would like to highlight a variety of agencies' housing programs and projects that reflect the important role of agencies and the service they provide to communities, in its annual report. Agencies can also nominate exemplary projects or programs for the Director's Housing Excellence Award. If you desire assistance in completing the agency's HCD report, please call Rita Levy at (916) 324-9629 or email her at rlevy(a)hcd.ca.gov. Guidelines for Completing HCD Redevelopment Forms are on our website. Attachments HCD REPORT OF REDEVELOPMENT AGENCY HOUSING ACTIVITY FOR FY ENDING: Tn", / 30 /7004 Agency Name and Address: County of Jurisdiction: REDEVELOPMM AGENCY OF TEMECULA RIVERSIDE P.O. BOX 9033 TEMECM.A, CA 92%RQ-90-4-4 Health & Safety Code Section 33080.1 requires agencies to annually report on their Low & Moderate Income Housing Fun and housin activities for the Department of Housing and Community Development (HCD) to annually report on agencies' activities in accordance with Section 33080.6. Section 33080.3 specifies agencies must send this form, HCD Schedules. and an Audit report to the State Controller Please answer each question below. Your answers determine which HCD SCHEDULES must be completed in order for the agency to fulfill the statutory requirement to report LMJHF housing activity and fund balances for the reporting period. 1. Check one of the items below to identify the Agency's status at the end of the reporting period: [I New (Agency formation occurred during reporting year. No financial transactions were completed). Active (Financial and/or housing transactions occurred during the reporting year) Inactive (No financial and/or housing transactions occurred during the reporting year). ONLY COMPLETE ITEM 7 El Dismantled (Agency adopted an ordinance to dissolve itsell). ONLY COMPLETE ITEM 7 2. How many adopted project areas did the agency have during the reporting period? I How many project areas were merged during the reporting period? 0 If the agency has one or more adopted project areas, complete SCHEDULE HCD-A for each Proiect area. If the agency has no adopted proiect areas, DO NOT complete SCHEDULE HQD-A. 3. Within an area outside of any adopted redevelopment project area(s): (a) ! Lid the agency destroy or remove any dwelling units or displace any households over the reporting period, (b) does the agency intend to displace any households over the next reporting period, (c) did the agency permit the sale of any owner -occupied unit prior to the expiration of land use controls over the reporting period, and/or (d)!Ld the agency execute a contract or agreement for the construction of any affordable units over the next two years?' 91 Yes (any question). Complete SCHEDULE HCD-B. El No (all questions). DO NOT complete SCHEDULE HCD-B. 4. Did the agency have any flands in the Low & Moderate Income Housing Fund during the reporting period? El Yes. Complete SCHEDULE HCD-C. El No. DO NOT complete SCHEDULE HCD-C. 5. During the reporting period, were housing units completed within a project area and/or assisted by the agency outside a project area? El Yes. Complete all applicable HCD SCHEDULES D 1-D7 for each housin_e project comoleted and HCD SCHEDULE E. 91 No. DO NOT complete HCD SCHEDULES DI-D7 or HCD SCHEDULE E. 6. Indicate whether HCD financial and housing activity information has been reported using method A and/or B checked below: KI A. Forms. All required HCD SCHEDULES A, 13, C, DI-D7, and E are attached. El B. On-line (http://www.hcd.cagovlrdag "Lock Repore'date: . HCD SCHEDULES not required. (lock date is shown under "Admin - Area and "Report Change History') 7. To the best of my knowledge: (a) the representations made above and (b) agency information reported arc correct. Date ature of A41;Azed Alleney Representative Title Telephone Number IF NOT REQUIRED TO REPOR T. SUBMIT ONL Y THIS PA GE. IF REQ UIRED TO REPOR T. SUBMIT THIS PA GE A AD. APPLICA BLE MCD FORMS (SCHED ULES A -E) andlor PR OOF OF ELECTRONIC REPOR TING SUBMIT THIS AND ALL OTHER FORMS HITHA COPY OF THE A UDITREPORT TO THE STATE CONTROLLER: Division ofA ccounling and Reporting Local Government Reporting Section 3301 C Street Suite 500- Sacramento, CA 95816 Redevelopment Agency Ammal Report - Fiscal Year 2003-2004 HCD-Cover Cover (7/1//04) Page I of I SCHEDULE HCD-A Inside Project Area Activity for Fiscal Year that Ended 06 / 30 / 04 PrepareesName,Title:GME ROBERTS, DIRECTOR 0 Preparees E-Mail Address: Genie. Robert0ci ryo teulecula.org FINANCE Preparer's Telephone No: 951-694-6430 — Preparer's FacsinlileNo: gsi-694-6479 GENERAL INFORMATION 1. Project Area Information a. 1. Year I` plan for project area was adopted: 1988 2. Year that plan was last amended (if applicable): N/A 3. Was plan amended after 2001 to extend time limits per Senate Bill 211 (Chapter 741, Statutes of 2001)? Yes— Nox 4. Current expiration of plan: 07 /12 /2028 mo day yr b. If project area name has changed, give previous name(s) or number: c. Year(s) of any mergers of the project area: Identify former project areas that merged:_ d. Year(s) project area plan was amended involving real property that either: (1) Added property to plan: (2) Removed property from plan: 2. Affordable Housing Replacement and/or Inclusionary or Production Requirements (Section 33413). Pre-1976 1)roqect areas not subsequently amended after 1975: Pursuant to Section 33413(d), only Section 33413(a) replacement requirements apply to dwelling units destroyed or removed after 1995. The Agency can choose to apply all or part of Section 33413 to a project area plan adopted before 1976. If the agency has elected to apply all or part of Section 33413, provide the date of the resolution and the applicable Section 33413 requirements addressed in the scope of the resolution. Date: Resolution Scope (applicable Section 33413 requirements): N/A mo day yr Post -I 975 promect areas and geogral)hic areas added by amendment after 1975 to pre- 1976 project areas: Both replacement and inclusionary or production requirements of Section 33413 apply. NOTE: Amounts to report on HCD-A lines 3a(l), 3b-3f, and 3i. can be taken from what is reported to the State Controller's Office (SCO) on the Statement of Income and Expenditures as part of the Redevelopment Agency's Financial Transactions Report, except for the reclassifying of Transfers -In from Internal Funds and the reporting of Other Sources as discussed below: Transfers -In from other internal funds: Report the amount of transferred funds on applicable HCD-A, lines 3a-j. For example, report the amount transferred from the Debt Service Fund to the Housing Fund for the deposit of the required set -aside percentagetamount by reporting gross tax increment on HCD-A, Line 3a(l) and report the Housing Fund's share of expenditures for debt service on HCD-C, Line 4c. Do notrMrt "net" funds transferred from the Debt Service Fund on HCD-A. Line 3a(3) when renortine debt service expenditures on HCD-C, Line 4c Other Sources: Non-GAAP QenerallY Acceptable Accounting 1!rinciples) revenues such as from land sales for those agencies using the Land Held for Resale method to record land sales should be reported on HCD-A Line 3d. Housing fund receipts for the repayment of loan principal should be included on HCD-A Line 3h. California Redevelopment Agencies —Fiscal Year 2003-2004 HCD-A Sch A (7/l/04) Page I of 6 Agency Name: REDEVEIDPMM AGENCY OF TEMECULA Proiect Area Housin? Fund Revenues and Other Sources Project Area Name: TEMECUIA PROJECT AREA No. I 3. Report all revenues and other sources of fands from this project area which accrued to the Housing Fund over the reporting year. Any income related to agency -assisted housing located outside the project area(s) should be reported as "Other Revenue" on Line 3j. (of this Schedule A), if this prodect area is named as beneficiary in the authorizing resolution. Any other revenue sources not reported on lines 3a.-3i., should also be reported on Line 3j. Enter on Line 3a(l) the full 100% of gross Tax Increment allocated prior to Mlicable pass through of funds and deductions for fees (refer to Sections 33401, 33446, & 33676). Compute the required minimum percentage (0/6) of gross Tax Increment and enter the amount on Line 3a(2)(A) or 3a(2)(B). Next� report the amount of Tax Increment set -aside before any exemption and/or deferral (if amount set -aside is less than required minimum M), explain the difference). If any amount of Tax Increment was exempted or deferred, in addition to completing lines 3aM and/or 3a(5). complete Line 4 and/or Line 5. To deteniline the amount of Tax Increment deposited to the Housing Fund [Line 3a(6)], subtract allowable amounts exempted [Line 3a(4)] or deferred [Line 3a(5)] from the actual amount allocated to the Housing Fund [Line 3a(3)]. a. Tax Increment: (1) 100% of Gross Allocation: S 11,896.57 (2) Calculate only I sct-asidc amount: either (A) or (B below: (A) 20% required by 33334.2 (Line 3a(l) x LQ%): $ 2,379,316 (B) 30% required by 33333.10(g) (Line 3a(l) x 30%): (Senate Bill 211, Chapter 741, Statutes of 2001) (3) Amount of set -aside (Line 3a(2)) allocated to Housing Fund $2,379,316 If, pursuant to Section 33334.3(i), less than the minimum % of Gross Tax Increment (see 3a(2) above) is being allocated from this project area, identify the project area(s) contributing the difference. Explain any other reason(s): (4) Amount Exempted [Health& Safety Code Section 33334.2] (if there is an amount exempted, also complete question #4, next page): (5) Amount Deferred [Health & Safety Code Section 33334.6] (if there is an amount deferred, also complete qucsfion #5, next page): (6) Total deposit to the Housing Fund [result of Line 3a(3) through 3a(5)]: b. Interest Income: c. Rental/Lease Income (combine amounts separately reported to the SCO): d. Sale of Real Estate: e. Grants (combine amounts separately reported to the SCO): f Bond Administrative Fees: g. Deferral Repayments (also complete Line 5c(2) on the next page): h . Loan Repayments: i. Debt Proceeds: j. Other Revenue(s) [Explain and identify ainount(s)]: -MISCELLANEOUS REVENUE 14,494 -REIMBURSEMENTS 48,236 k. Total Project Area Receipts Deposited to Housing Fund (add lines 3a(6). through 3j.): $ 2,379,316 $ 128,040 $ 30,000 $ 272,623 Califemia Redevelopment Agencies — Fiscal Year 2003-2004 Sch A (7/l/04) HCD-A Page 2 of 6 Agency Name: REDEVELOPMENT AGENCY OF TEKECUIA Project Area Name: TEKEGUAL PROJECT AREA NO. I Exermation(s) 4. a. If an exemption was claimed on Page 2, Line 3a(4) to deposit less than the required amount, complete the following information: Check only one of the Health and Safety Code Sections below providing a basis for the exemption: R Section 33334.2(a)(1): No need in community to increase/improve supply of lower or moderate income housing. n Section 33334.2(a)(2): Less than the minimum set -aside % (20% or 30%) is sufficient to meet the need. Section 33334.2(a)(3): Community is making substantial effort equivalent in value to minimum set -aside % (20% or 30%) and has specific contractual obligations incurred before May 1, 1991 requiring continued use of this funding. Note: Pursuant to Section 33334.2(a)(3)(C), this exemption expired on June 30,1993 but contracts entered into prior to May 1, 1991 may not be subject to the exemption sunset. El Other: Specify code section and reason(s) b. For any exemption claimed on Page 2, Line 3a(4) and/or Line 4a above, identify: Date that initial (1n) findin wasadopted: /_ Resolution# Date sent to HCD: — 1110 day yr 1110 day yr Adoption date of nVorting year findin : Resolution # Date sent to HCD: - mo day yr rEo- day yr Deferral(s) 5. a. Specify the authority for deferring any set -aside on Line 3a(5). Check only one Health and Safety Code Section boxes: El Section 33334.6(d): Applicable to project areas approved before 1986 in which the required resolution was sent to HCD before September 1986 regarding needing tax increment to meet existing obligations. Existing obligations can include those incurred after 1985, if net proceeds were used to refinance pre-1986 listed obligations. Note: The deferral previously authorized by Section 33334.6(e) expired. It was only allowable in each fiscal year prior to July 1, 1996 with certain restrictions. 0 Other. Specify code Section and reason: b. For any deferral claimed on Page 2, Line 3a(5) and/or Line 5a above, identify: Date that initial (0) finding was adopted: Resolution # 1110 day yr Adoption date of reporting year finding: Resolution # 1110 day yr Date sent to HCD: 1110 ciay yr Date sent to HCD: / 1110 day yr c. A deferred set -aside pursuant to Section 33334.6(d) constitutes indebtedness to the Housing Fund. Summarize the amount(s) of set -aside deferred over the reporting year and cumulatively as of the end of the reporting year: Amount of Prior Cumulative Amount Amount Deferred Deferrals Repaid Deferred (Net of Any Fiscal Year This Renortinli F Duriniz Revorting FY Aniount(s) Repaid) (1) Last Reporting FY (2) This Reporting FY $ $ I * The cumulative amount ofdeferred set -aside should also be shown on HCD-C, Line If the prior FY cumulative deferral shown above differs from what was reported on the last HCD report (HCD-A and HCD-C), indicate the amount of difference and the reason: Difference: S Reason(s): California Redevelopment Agencies — Fiscal Year 2003-2004 HCD-A Sch A (7/l/04) Page 3 of 6 Deferral(s) (continued) 5. KmW4;A;lK@vlF!L1 Project Area Name: TE)fEmA pgojErT ARyA No. I d. Section 33334.6(g) requires any agency which defers set -asides to adopt a plan to eliminate the deficit in subsequent years. If this agency has deferred set -asides, has it adopted such a plan? yes F] No El If yes, by what date is the deficit to be eliminated? If yes, when was the origina plan adopted for the claimed deferral? Identify Resolution # Date Resolution sent to HCD When was the last amended plan adopted for the claimed deferral? Identify Resolution # Date Resolution sent to HCD mo day yr mo day yr 1110 day yr mo day yr 1110 day yr Actual Proiect Area Households Displaced and Units and Bedrooms Lost Over Reportine Year: 6. a. Redevelopment Pro *ect Activity. Pursuant to Sections 33080.4(a)(1) and (a)(3), report by income category the number of elderly and nonelderly households permanently displaced and the number of units and bedrooms removed or destroyed, over the reportinlz year, (refer to Section 33413 for unit and bedroom replacement requirements). Number of Households/Units/Bedrooms Project Activity VL L M AM Total Households Permanently Displaced - Elderly - seholds Permanently Displaced - Non Elderly To—useholds Permanently Displaced Jotal Units Lost (Removed or Destroyed) and Required to be Replaced rooms Lost (Removed or Destroyed) and Required to be Replaced ,Above Moderate Units Lost That Agency is Not Required to Replace JAbove Moderate Bedrooms Lost That Agency is Not Required to Re�l`ace­ b. —Other Activity. Pursuant to Sections 33080.4(a)(1) and (a)(3) based on activities other than the destruction or removal of dwelling units and bedrooms revorted on Line 6a, report by income category the number of elderly and nonelderly households permanently displaced over the revortingvear: Number of Households Other Activity VL L M AM Total Wo-useholds Permanently Displaced - Elderly Households Permanently Displaced - Non Elderly Fo-useholds Permanently Displaced - Total c. As required in Section 33413.5, identify, over the reporfing Year each replacement housing plan required to be adopted before the permanent displacement, destruction, and/or removal of dwelling units and bedrooms impacting the households reported on lines 6a. and 6b. Date Too day yr Date I mo day yr Name of Agency Custodian Name of Agency Custodian IPlease attach a separate sheet of paper listing any additional h California Redevelopment Agencies — Fiscal Year 2003-2004 HCD-A Sch A (7/1/04) Page 4 of 6 Agency Name: REDEVELOPMENT AGENCY OF TEMECULA Project Area Name: TEMECUIA PROJECI_ARELNO. I Estimated Pro*ect Area Households to be Permanently Displaced Over Current Fiscal Year: 7. a. As required in Section 33080.4(a)(2) for a redevelopment project of the agency, estimate, over the current fiscal year, the number of elderly and nonelderly households, by income category, expected to be permanently displaced. (Note: actual displacements will be reported for the next reporting year on Line 6). Number of Households Project Activity VL L M AM Total Households Permanently Displaced - Elderly R-o—useholds Permanently Displaced - Non Elderly Households Permanently Displaced - Total b. As required in Section 33413.5, for the current fiscal year, identify each replacement housing plan required to be adopted before the permanent displacement, destruction, and/or removal of dwelling units and bedrooms impacting the households reported in 7a. Date ITIO day yr Date 1110 day yr Name of Agency Custodian Name of Agency Custodian I Please attach a !eparate sheet of paper listing any additional h Units Develol)ed Inside the Promect Area to Fulfill Requirements of Other Proiect Area(s) 8. Pursuant to Section 33413(b)(2)(A)(v), agencies may choose one or more project areas to fidfill another project area's requirement to construct new or substantially rehabilitate dwelling units, provided the agency conducts a public hearing and finds, based on substantial evidence, that the aggregation of dwelling units in one or more project areas will not cause or exacerbate racial, ethnic, or economic segregation. Were any dwelling units in this project area developed to partially or completely satisfy another project area's requirement to construct new or substantially rehabilitate dwelling units? Ej No. El Yes. Date initial finding was adopted? —/—/— Resolution # Date sent to HCD:— mo day yr mo day yr Bumber of Dwellin California Redevelopment Agencies — Fiscal Year 2003-2004 HCD-A Sch A (7/1/04) Page 5 of 6 Agency Name: REDEVELOPMM AGENCY OF TEMFCM.A Project Area Name: TvmFrm.A pg(ITEr Agli? .T -A No. I Sales of Owner -Occupied Units Inside the Pro ffiect Area Prior to the Expiration of Land Use Controls 9. Section 33413(c)(2)(A) specifies that pursuant to an adopted program, which includes but is not limited to an equity sharing program, agencies may permit the sale of owner -occupied units prior to the expiration of the period of the land use controls established by the agency. Agencies must deposit sale proceeds into the Low and Moderate Income Housing Fund andArithin three (3) years from the date the unit was sold, expend funds to make another unit equal in affordability, at the same income level, to the unit sold. a. 1.1 Sales. Did the agency permit the sale of any owner -occupied units during the reporting year? [ENo [-]Yes it I+— Total Proceeds From Sales Over R--ortin Year 9 Number of Units ISALES Vi- L M Total JUnits Sold Over Reporting Year Equal Units. [ENo E]Yes Were reporting year funds spent to make units equal in affordability to units sold over the last three reporting years? $ I+- Total Proceeds From Sales Over Reporting Year Number of Units SALES VL L M otal Units Made Equal This Reporting Yr to Units Sold Over This Reporting Yr Units Made Equal This Reporting Yr to Units Sold One Reporting Yr Ago Units Made Equal This Reporting Yr to Units Sold Two Reporting Yrs Ago Units Made Equal This Reporting Yr to Units Sold Three Reporting Yrs Ago Affordable Units to be Constructed Inside the Protect Area Within Two Years 10. Pursuant to Section 33080.4(a)(10), report the number of very low, low, and moderate income units to be financed by any federal, state, local, or private source in order for construction to be completed within two years from the date of the agreement or contract executed over the Morting Identify the project and/or contractor, date of the executed agreement or contract and estimated completion date. Specify the amount reported as an encumbrance on HCD-C, Line 6a. and/or any applicable amount designated on HCD-C, Line 7a. such as for capital outlay or budgeted ftmds intended to be encumbered for project use within two years from the reporting year's agreement or contract date. DO NOT REPORT ANY UNITS ON THIS SCHEDULE A THAT ARE REPORTED ON OTHER HCD-As, B70R Dsl Cot A Cot B Cot C Cot D Cot E Name of Agreement Estimated Sch C Amount Sch C Amount Project and/or Execution Completion Date Encumbered Designated Contractor Date (w1in 2 yrs of Cot B) [Line 6a] [Line 7a] VL L M Total I Please attach a separate sheet of paper to list additional information. I California Redevelopment Agencies— Fiscal Year 2003-2004 HCD-A Sch A (7/l/04) Page 6 of 6 SCHEDULE HCD-B Outside Project Area Activity for Fiscal Year Ended 06 / 30 /.04 Agency Name: REDEVEIAWHENT AGENCY OF TEME roject Name: TENECUIA PROJECT ARRA . 1 Preparer's Name, Tide: GENIE ROBERTS, DIRECTOR 0 Preparer's E-Mail AddressCenie.Roberts@cityoftemecula.org FINANCE Preparer's Telephone No: 951-694-6430 Preparer's Facsin-ffleNo: o-il-694-6479 Actual Households Displaced and Units and Bedrooms Lost Outside of Pro*ect Area(s) Over Rel)ortiniz Year 1. a. Redevelopment Proiect Activity Pursuant to Sections 33080.4(a)(1) and (a)(3), report by income category the number of elderly and nonelderly households permanently displaced and the number of units and bedrooms removed or destroyed, over the reporting ve (refer to Section 33413 for unit and bedroom replacement requirements). Number of Households/Units/Bedrooms Activity VL L M Total Households Permanently Displaced — Elderly seholds Permanently Displaced - Non Elderly seholds Permanently Displaced — Total Units Lost (Removed or Destroyed) and Required to be Replaced rooms Lost (Removed or Destroyed) and Required to be Replaced ,Above Moderate Units Lost That Agency is Not Required to Replace 1Above Moderate Bedrooms Lost That Agency is Not Required to ReFla—c b. Other Activity. Pursuant to Sections 33080.4(a)(1) and (a)(3) based on activities other than the destruction or removal of dwelling units and bedrooms reported on Line I a, report by income category the number of elderly and nonelderly households Yermanently displaced over the reporting year. Number of Households Activity VL L M AM Total Households Permanently Displaced - Elderly — -qo—useholds Permanently Displaced - Non Elderly Households Permanently Displaced — Total c. As required in Section 33413.5, identify, over the reporting year each replacement housing plan required to be adopted before the permanent displacement, destruction, and/or removal of dwelling units and/or bedrooms impacting the households reported on lines Ia. and lb. Date mo day yr Date mo day yr Name of Agency Custodian Name of Agency Custodian IPlease attach a separate sheet of paper listing any additional h California Redevelopment Agencies - Fiscal Year 2003-2004 HCD-B Sch B (7/l/04) Page I of 2 Agency Name: REDEVELOPMENT AG]a= OF TE14Erm.A HCD B (Outside Project Area) Estimated Households Outside of Promect Area(s) to be Permanently Displaced Over Current Fiscal Year: 2. a. As required in Section 33080.4(a)(2) for a redevelopment project of the agency, estimate, over the current fiscal year, the number of elderly and nonelderly households, by income category, expected to be permanently displaced. (Note: actual displacements will be reported for the next reporting year on Line 1). Estimated Permanent Displacements Number of Households Activity VL L M AM Total Households Permanently Displaced - Elderly Wo—useholds Permanently Displaced - Non Elderly Households Permanently Displaced - Total b. As required in Section 33413.5, for the current fiscal yeaL identify each replacement housing plan required to be adopted before the permanent displacement, destruction, and/or removal of dwelling units and bedrooms impacting the households reported on 2a. Date Name of Agency Custodian 1110 day yr Date Name of Agency Custodian Too aay yr I Please attach a seoarate sheet of oaDer fistina anv additional housine Dlans adomed. I Sales of Owner -Occupied Units Outside of Proiect Area(s) Prior to the Expiration of Land Use Controls 3. Section 33413(c)(2)(A) specifies that pursuant to an adopted program, which includes but is not limited to an equity sharing program, agencies may permit the sale of owner -occupied units prior to the expiration of the period of the land use controls established by the agency. Agencies must deposit sale proceeds into the Low and Moderate Income Housing Fund and within three (3) years from the date the unit was sold, expend funds to make another unit equal in affordability, at the same income level, as the unit sold. a. Sales. Did the agency permit the sale of any owner -occupied units during the reporting year? FINo ------------ Number of Units ElYes J$ Total Proceeds From Sales Over Renortinp Year 3 lincome Level VL L M Total �1 JUnits Sold Over Current Reporting Year Equal Units. EINO MYes Were reporting year funds spent to make units equal in affordability to units sold over the last three reporting years? Affordable Units to be Constructed Outside of Project Area(s) Within Two Years From Date of Agreement or Contract 4. Pursuant to Section 33080.4(a)(10), report the number of very low, low, and moderate income units to be financed by any federal, state, local, or private source in order for construction to be completed within two years from the date of the azreement or contract executed over the revortiniz ve . Identify the project and/or contractor, date of the executed agreement or contract, and estimated completion date. Specify the amount reported as an encumbrance on HCD-C, Line 6a. and/or any applicable amount designated on HCD-C, Line 7a. such as for capital outlay or budgeted ftmds intended to be encumbered for project use within two years from the reporting year's agreement or contract date. I DO NOT REPORT ANY UNITS SHOWN ON SCHEDULES HCD As OR Ds. Col A Col B Col C Col D Col E N—ame of Ag—reement E;t—Imated Sch C Amount Sch C Amount Project and/or Execution Completion Date Encumbered Designated Contractor Date (Win 2 yrs of Col B) [Line 6a] [Line 7a] VL L M Total I Please attach a separate sheet of paper to list additional information. I Califomia Redevelopment Agencies — Fiscal Year 2003-2004 HCD-B Sch B (7/l/04) Page 2 of 2 SCHEDULE HCD-C Agency -wide Activity for Fiscal Year Ended k6 /_30 � 04 AgencyName: REDEVIKLOPMENT AGENCY OF TFKFLT19punty: RIVERSIDE Preparefs Name, Title: GENIE ROBERTS, DIRECTOR 0 Preparer's E-Mail Address: Genie. Robertal0city-af temecula. orE FINANCE Preparer's Telephone No: 951-694-6430 — Preparer's Facsimile No: 951-694-6479 Low & Moderate Income Housin2 Fund Report on the "status and use of the agency's Low and Moderate Income Housing Fund." Most information reported here should be based on information reported to the State Controller. 1. Beginning Balance (Use "Net Resources Available" from last fiscal year report to HCD) a. If Beginning Balance requires adjustment(s), identify the reason and amount for each ad'ustment: Use < $ > for negative amounts or amounts to be subtracted INCREASE IN RESOURCES $ 75,671 b. Total Adjustment(s) (indicate whether positive or <negative>) c. Adjusted Beginning Balance [Beginning Balance plus + or minus <-> Total Adjustment(s)] 2. Project Area(s) Receipts and Housing Fund Revenues a. All Project Areas. Total Deposits [Sum of arnounqs) from Line 3k,HCD-A(s)) b. Other revenues not reported on Schedule HCD-A(s) [Identify source(s) and amount(s)]: c. Total Housing Fund Revenues 3. Total Resources (Line 1c. + Line 2a + Line 2c.) UOID&V $ 8,527,744 $ 468,687 - 8,996,431 $ 2,872,709 11,869,140 Many amounts to report as Expenditures and Other Uses (beginning on the next page) should be taken from amounts reported to the State Controller's Office (SCO). Review the SCO's Redevelopment Agencies Financial Transactions Report. Housing Fund "transfers -out" to other internal Agency funds: Report the specific use of all transferred ftinds on applicable lines 4a.-k of Schedule C. For example, transfers from the Housing Fund to the Debt Service Fund for the repayment of principal and interest of debt proceeds deposited to the Housing Fund should be reported on the applicable item comprising HCD-C Line 4c, providing tax increment (gross and deposit amounts) were reported on Sch-As. External transfers out of the Agency should be reported on HCD-C Line 4j (e.g.: transfer of excess surplus to the County Housing Authority). Other Uses: Non-GAAP QGenerally Accepted Accounting Principles) recording of expenditures such as land purchases for agencies using the Land Held for Resale method to record land purchases should be reported on HCD-C Line 4a(l). Funds spent resulting in loans to the Housing Fund should be included in HCD-C lines 4b., 4f, 4g., 4h., and 4i as appropriate. The statutory cite pertaining to Community Redevelopment Law (CRL) is providedfor preparers to review to determine the appropriateness of Low andModerate Income Housing Fund (LMIHF) expenditures and other uses. HCDdoesnot represent that line items identifying any expenditures and other uses are allowable. CRL is accessible on the Internet /website: htti)://www.leginfo.ca. Roy/ (California Low)] beginning with Section 33000 of the Health and Safety Code. California Redevelopment Agencies — Fiscal Year 2003-2004 HCD-C Sch C (7/l/04) Page I of 8 Agency Name: REDEVELOPMM AGENCY OF TEKECUIA 4. Expenditures, Loans, and Other Uses a. Acauisitionof Pronertv & Buildine Sites [33334.2(e)(I)l & Housing: f33334.2(e)(6 (1) Land Purchases (Investment —Land Heldfor Resale)* S (2) Housing Assets (FixedAsset) S (3) Acquisition Expense S (4) Operation of Acquired Property $ 40,000 (5) Relocation Costs $ (6) Relocation Payments $ (7) Site Clearance Costs $ (8) Disposal Costs $ (9) Other [Explain and identify amount(s)]: * Reported to SCO aspart ofAssets and Other Debts (10) Subtotal Property/Building Sites/Housing Acquisition (Sum of Lines 1-9) $ 40,000 b. Subsidies from Low and Moderate Income Housine Fund (LMW (1) In Time Homebuyer Down Payment Assistance $ (2) Rental Subsidies $ (3) Purchase of Affordability Covenants [33413(b)2(B)] $ (4) Other (Explain and identify amount(s)]: MISSIOR VILLAGE $ 305,000 S $ 305,000 (5) Subtotal Subsidies from LMIHF (Sum of Lines I — 4) $305,000 Debt Service F33334.2(e)(9)]. Report LMJHF's share of debt service. If paid from Debt Service Fund, ensure "gross" tax increment is reported on HCD-A(s) Line 3a(l) (1) Debt Principal Payments (a) Tax Allocation, Bonds & Notes $ (b) Revenue Bonds & Certificates of Participation $ (c) City/County Advances & Loans $ (d) U. S. State & Other Long —Tenn Debt $ (2) Interest Expense $ (3) Debt Issuance Costs $ (4) Other [Explain and identify amount(s)]: (5) Subtotal Debt Service (Sum of Lines I — 4) $ d. Plannin2 and Administration costs r33334.3(c)(I (1) Administration Costs %AQ nQ4 (2) Professional Services (non project specific) 33,714 (3) Planning/Survey/Design (non pro qect specific (4) Indirect Nonprofit Costs [33334.3(e)(1)(B)] $ (5) Other [Explain and identify amount(s)]: S (6) Subtotal Planning and Administration (Sum of Lines I — 5) S 542,808 California Redevelopment Agencies — Fiscal Year 2003-2004 HCD-C Sch C (7/l/04) Page 2 of 8 Agency Name: REDEVELOPMM AGENCY OF TEMECULA 4. Expenditures, Loans, and Other Uses (continued) e. On�Off-Site Improvements [33334.2(e)(2)] Complete item 13 f, Housing Construction [33334.2(e)(5)] S 2,355,742 g. Housing Rehabilitation [33334.2(e)(7)] 96,889 h. Maintenance of Mobilehome Parks [33334.2(e)(10)] i. Preservation of At -Risk Units [33334.2(e)(1 1)) S j. Transfers Out of Agency (1) For Transit village Development Plan (33334.19) S (2) Excess Surplus [33334.12(a)(1)(A)] S (3) Other (specify code section authorizing transfer and amount) A. Section $ B. Section $ Other Transfers Subtotal $ (4) Subtotal Transfers Out of Agency (Sum of j(I) through j(3)) 2,452,631 k. Other Expendin]tres, Loans, and Uses [Explain and identify amount(s)]: s Subtotal Other Expenditures, Loans, and Uses $ Total Expenditures, Loans, and Other Uses (Sum of lines 4a.-k.) $3,340,439 5. Net Resources Available [End of Reporting Fiscal Year] [Page 1, Line 3, Total Resources minus Total Expenditures, Loans, and Other Uses on Line 4.1.1 $8,528,701 6. Encumbrances and Unencumbered Balance a. Encumbrances. Amount of Line 5 reserved for firture payment of legal contract(s) or agreement(s). See Section 33334.12(g)(2) for definition. Refer to item 10 on Sch-A(s) and item 4 on Sch-B 69,801 b. Unencumbered Balance (Line 5 minus Line 6a). Also enter on Page 4, Line I Ia. $8,458,900 7- Designated/Undesignated Amount of Available Funds A, Designated Amount of Line 6b. budgeted/planned to use near -term Refer to item 10 on Sch-Als) and item 4 on Sch-B 8,458,900 b. Undesignated Amount of Line 6b. not yet budgeted/planned to use $ 8. Other Housing Fund Assets (not included as part of Line 5) a. Indebtedness from Deferrals of Tax Increment (Sec. 33334.6) [refer to Sch-A(s), Line 5c (2)]. $ b. Value of Land Purchased with Housing Funds and Held for Development of Affordable Housing. Complete Sch-C item 14. $ c. Loans Receivable for Housing Activities $ d. Residual Receipt Loans (periodic/fluctuating payments) $ e. ERAF Loans Receivable (all years) (Sec. 33681) $ f -Other Assets [Explain and identify amount(s)]: 9. Total Other Housing Fund Assets (Sum of lines 8a.-C) $ 9. TOTAL 171 FNn V01 H[TVr1 in, 1; (m,t Rpera,,�c +R� ffm.l Oth�, T-Ta�6.. T7,,nd A ... t�IS 15—IL5 Compare Line 9 to the below amount reported to the SCO (Balance Sheet of Redevelopment Agencies Financial Transactions Report. [Explain differences and identify amount(s)]: ENTER LOW -MOD FUND TOTAL EQUITIES (BALANCE SHEET) REPORTED TO SCO Califomia Redevelopment Agencies - Fiscal Year 2003-2004 HCD-C Sch C (7/l/04) Page 3 of 8 Agency Name: REDEVELOPMENT AGENCY OF TEKECUIA Excess Surplus Information Pursuant to Section 33080.7 and Section 33334.12(g)(1), report on Excess Surplus that is required to be determined on the first day of a fiscal year. Excess Surplus exists when the Adjusted Balance exceeds the greater o (1) S 1,000,000 or (2) the aggregate amount of tax increment deposited to the Housing Fund during the prior four fiscal years. Section 33334.12(g)(3)(A) and (B) provide that the Unencumbered Balance can be adjusted for: (1) any remaining revenue generated in the reporting year from unspent debt proceeds and (2) if the land was disposed of during the reporting year to develop affordable housing, the difference between the fair market value of land and the value received. The Unencumbered Balance is calculated by subtracting encumbrances from Net Resources Available. "Encumbrances" are finds reserved and committed pursuant to a legally enforceable contract or agreement for expenditure for authorized redevelopment housing activities (Section 33334.12(g)(2)]. For Excess Surplus calculation purposes, carry over the prior year's HCD Schedule C Adjusted Balance as the Adjusted Balance on the first day of the reporting fiscal year. Determine which is larger (1) $1 million or (2) the total of tax increment deposited over the prior four years. Subtract the largest amount from the Adjusted Balance and, if positive, report the amount as Excess Surplus. 10. Excess Surplus: Complete Columns 2, 3, 4, & 5 to calculate Excess Surplus for the reporting year. Columns 6 and 7 track prior years' Excess Surplus. Column I Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Sum of Tax Current Current Amount 4 Prior and Current Total Tax Increment Increment Deposits Over Rel?orting Year I d Day ftortin Year I' Day Expended/Encumbered Against FY Balance of Remaining Excess Surplus for Each Reporting Years Deposits to Housing Fund Prior Four FYs Adjusted Balance Excess Surplus Balances Excess Surplus as of End of RgPortin Year Fiscal Year as of End of Reporting Year 0 4 Bpt Yrs Ago Ag FY qq—nn $ 1 415 01 $ $ $ 0 3 Rpt Yrs Ago Ag FY ()0_01 $1,860,10 $ $ $ o 2 Rpt Yrs Ago Ag FY 01-02 $2,125, $ $ 1 Rvt Yr Ago FY w_m $2,189, $ CURRENT Sum of Column 2 5-- Last Year's Sch C ' Col 44 minus: larger — Adj qustedBalance ofCol3or$lmm Reportin Year (report positivel $ 186,226 FY 03-C)q 00 S7.590.400 S 7 �7776 626 $� $ $ 186,226 11. Reportin Year Ending Unencumbered Balance and Adjusted Balance: a. Unencumbered Balance (End of Year) [Page 3, Line 6b] $8,458.90 b. If eligible, adjust the Unencumbered Balance for: (1) Debt Proceeds [33334.12(g)(3)(B)I: I Identify unspent debt proceeds and related income remaining at end of reporting year S (2) Land Conveyance Losses [(33334.12(g)(3)(A))]: Identify Morting year losses from sales/grants/leases of land acquired with low -mod funds, if 49% or more of new or rehabilitated units will be affordable to lower -income households $ 12. 1 kajusteu j3aiance(tor next year' determinationot Excess NUIpIUS)[1-Me it a minus sumot I I b(l)and I I b(;�)] � 8,458,900 Note: Do not enter Adjusted Balance in Col 4. It is to be reported as next year's I st day amount to determine Excess Surplus a. If there is remaining Excess Surplus from what was determined on the first day of the reporting year, describe the agency's plan (as specified in Section 33334.10) for transferring, encumbering, or expending excess surplus: b. If the plan described in 12a. was adopted, enter the plan adoption date: 1110 day yr California Redevelopment Agencies - Fiscal Year 2003-2004 HCD-C Sch C (7/1/04) Page 4 of 8 Agency Name: MEVEIOPMENT AGENCY OF TENECULA Miscellaneous Uses of Funds 13. If an amount is reported in 4e., pursuant to Section 33080.4(a)(6), report the total number of very low-, low-, and moderate -income households that directly benefited from expenditures for onsite/offsite improvements which resulted in either new construction, rehabilitation, or the elimination of health and safety hazards. (Note: If Line 4e of this schedule does not show expenditures for improvements, no units should be reported here.) Income Level Households Constructed Households Rehabilitated Households Benefiting from Elimination of Health and Safety Hazard Duration of Deed Restriction Very Low Low Moderate 14. If the agency is holding land for future housing development (refer to Line 8b), summarize the acreage (round to tenths, do not report square footage), zoning, date of purchase, and the anticipated start date for the housing development. Site Name/Location* No. of Acres Zoning Purchase Date Estimated Date Available Comments SW CORNER DIAZ/CHERRY 32.32 PUP INS 11-15-94 11-15-94 CANPHq PROJErT 28640 PUJOL STREET .89 HDR 12-21-99 12-21-99 28731 PUJOL STREET .23. 14DR 04-16-98 28545 PUJOL STREET .89 cc 7-31-98 _DA-16-98 07-31-98 I Please attach a separate sheet of paper listing any additional sites not reported above. 15. Section 33334.13 requires agencies which have used the Housing Fund to assist mortgagors in a homeownership mortgage revenue bond program, or home financing program described in that Section, to provide the following information: a. Has your agency used the authority related to definitions of income or family size adjustment factors provided in Section 33334.13(a)? Yes N No E] Not Applicable M b. Has the agency complied with requirements in Section 33334.13(b) related to assistance for very low-income households equal to twice that provided for above moderate -income households? Yes [E No El Not Applicable El California Redevelopment Agencies —Fiscal Year 2003-2004 HCD-C Sch C (7/l/04) Page 5 of 8 Agency Name: REDEVELOPMM AGENCY --OF TEMECULA 16. Did the Agency use non-LMIHF funds as matching funds for the Federal HOME or HOPE program during the reporting period? YES [I NO n If yes, please indicate the amount of non-LMIRF funds that were used for either HOME or HOPE program support. HOME $ HOPE $ 17. Pursuant to Section 33080.4(a)(I 1), the agency shall maintain adequate records to identify the date and amount of all LMW deposits and withdrawals during the reporting period. To satisfy this requirement, the Agency should keep and make available upon request any and all deposit and withdrawal information. DO NOTSUBMITANYDOCUMENTSIRECORDS. Has your agency made any deposits to or withdrawals from the LMIHF? Yes [I No El If yes, identify the document(s) describing the agency's deposits and withdrawals by listing for each document, the following (attach additional pages of similar information below as necessary): Name of document (e.g. ledger, journal, etc.): Name of Agency Custodian (person): Custodian's telephone number: Place where record can be accessed: Name of document (e.g. ledger, journal, etc.): Name of Agency Custodian (person): Custodian's telephone number: Place where record can be accessed: 18. Use of Other (non Low -Mod Funds) Redevelopment Funds for Housinz Please briefly describe the use of any non-LMIHF redevelopment Jbnds (i.e., contributions from the other 80% of tax increment revenue) to construct improve, assist, or preserve housing in the community. 19. Sueeestions/Resource Needs Please provide suggestions to simplify and improve future agency reporting and identify any training, information, and/or other resources, etc. that would help your agency to more quickly and effectively use its housing or other ftinds to increase, improve, and preserve affordable housing? 20. Annual Monitoring Rworts of Previously Completed Affordable Housiniz Proiects/Programs (H&SC 33418) Were all Annual Monitoring Reports received for all prior years' affordable housing projects/programs?: Yes El No California Redevelopment Agencies — Fiscal Year 2003-2004 HCD-C Sch C (7/l/04) Page 6 of 8 2 1. Proiect Achievement and HCD, Director's Award for Housine Excellence Project achievement information is optional but can serve important purposes: Agencies' achievements can inform others of successful redevelopment projects and provide instructive information for additional successful projects. Achievements may be included in HCD's Annual Report of Housing Activities of California Redevelopment Agencies to assist other local agencies in developing effective and efficient programs to address local housing needs. In addition, HCD may select various projects to receive the Director's Award for Housing Excellence. Projects may be selected based on criteria such as local affordable housing need(s) met, resources utilized, barriers overcome, and project innovation/complexity, etc. Project achievement information should only be subrrdtted for one affordable residential project that was completed within the reporting year as evidenced by a Certificate of Occupancy. The project must not have been previously reported as an achievement. To publish agencies' achievements in a standardformat, please complete information for each underlined category below addressing suggested topics in a narrative fonnat that does not exceed two pages (see example, next page). In addition to submitting information with other HCD forms to the State Controller, please submit achievement information on a 3.5 inch diskette and identify the software type and version. For convenience, the diskette can be separately mailed to: HCD Policy Division, 1800 3rd Street, Sacramento, CA 95814 or data can he entailed by attaching theffle andsending it to: atorrens(a),hcdca.zo or rlevv(dlhcd.ca.zo Project Type (Choose one of the categories below and one kind of assistance representing the l2rim project type) New/Additional Units (PreviousIv Unoccupied/Umnbabitable): Existine Units (PreviousIv Occunied) - New Construction to own - Rehabilitation of Owner -Occupied - New Construction to rent - Rehabilitation of Tenant -Occupied - Rehabilitation to own - Acquisition and Rehabilitation to Own - Rehabilitation to rent - Acquisition and Rehabilitation to Rent - Adaptive Re -use - Mobilehornes/Manufactured Homes - Mixed Use Infill - Payment Assistance for Owner or Renter - Mobilchomes/Manufactured Homes - Transitional Housing - Mortgage Assistance Other (describe) - Transitional Housing - Other (describe) Agency Name: Agency Contact and Telephone Number for the Project: DESCRIPTION • Project Name • Clientele served [owner, renter, income group, special need (e.g. large family or disabled), etc.] • Number and type of units and location, density, and size of project relative to other projects, etc. • Degree of affordability/assistance rendered to families by project, etc. • Uniqueness (land use, design features, additional services/amenities provided, funding sources/collaboration, before/after project conversion such as re -use, mixed use, etc.) • Cost (acquisition, clean-up, infrastructure, conversion, development, etc.) HISTORY • Timefirame from planning to opening • Barriers/resistance (legal/fmancial/community, etc.) that were overcome • Problems and creative solutions found • Lessons learned and/or recommendations for undertaking a similar project AGENCY ROLE AND ACHIEVEMENT 0 Degree of involvement with concept, design, approval, financing, construction, operation, and cost, etc. I Specific agency and/or community goals and objectives met, etc. California Redevelopment Agencies — Fiscal Year 2003-2004 HCD-C Sch C (7/l/04) Page 7 of 8 ITEM 3 APPROVAL CITYATTORNEY DIRECTOR OF FINA-r CITY MANAGER � CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: City Manager/Agency Members FROM: John Meyer, Director of Redevelopment DATE: December 14, 2004 SUBJECT: Award the Construction Contract for Project No. PW02-20 Old Town Southern Gateway Landscaping PREPARED BY: William G. Hughes, Director of Public Works/City Engineer Greg Butler, Principal Engineer AvIin R. Odviar, Assistant Engineer RECOMMENDATION: That the Agency Members: Reject the bid proposal submitted by Pete & Sons Construction Inc. for Project No. PW02-20 Old Town Southern Gateway Landscaping. 2. Award a construction contract for Project No. PW02-20 Old Town Southern Gateway Landscaping, to International Pavement Solutions in the amount of $351,930.50 and authorize the Agency Chairman to execute the contract. Award a maintenance contract for Project No. PW02-20 Old Town Southern Gateway Landscaping, to International Pavement Solutions in the amount of $3,600.00 and authorize the Agency Chairman to execute the contract. Authorize the Executive Director to approve change orders not to exceed the contingency amount of $35,553.05, which is equal to 10% of the combined contract amount. 5. Transfer $40,000.00 from the Escallier House Relocation to the Old Town Southern Gateway Landscaping project construction Account no. 280-190-833-5804. BACKGROUND: On October 26, 2004 the Agency Members approved the Construction Plans and Specifications and authorized the Department of Public Works to solicit construction bids for the subject project. The project involves the placement of landscaping, irrigation, curb & gutter, walkways, decorative lighting, sifting areas, and fencing for remnant parcels located atthe southern entrance to Old Town. The project will eliminate undeveloped areas and enhance the appearance of the gateway. To assure project eligibility for reimbursement by the State Resources Agency's Environmental Enhancement and Mitigation (EEM) program in the amount of $250,000, a separate maintenance contract is sought for 90 Day Landscape Maintenance, bid itemno.21. This item of workwill not be RAAGENDA REPORTS\2004\121404\PW02-20AWARD.DOC completed by April 30, 2005, which is the EEM grant deadline. The construction contract will cover the balance of items (bid item nos. I through 20, 22, and 23), and represents the majority of construction costs. It is anticipated that these items of work will be completed, billed, and reported prior to the EEM deadline. Three (3) bids were received and publicly opened on Tuesday, December 7,2004. The results were as follows: 1 . International Pavement Solutions $355,530.50 2. American West Landscaping, Inc. $436,628.38 3. Pete & Sons Construction, Inc. Nonresponsive A copy of the bid summary is available for review in the City Engineer's office. Staff has reviewed the bid proposals and found a minor mathematical error in one bid, and deemed another nonresponsive due to several errors. The above bid results reflect corrected dollar amounts. The corrections did not impact the position of the lowest responsible bidder, International Pavement Solutions of San Bernardino, California. International Pavement Solutions has experience in the construction of hardscape and installation of landscaping and has successfully completed similar projects for the City in the past. The bid proposal submitted by Pete & Sons Construction, Inc. was found to contain numerous substantive errors, inconsistencies, and discrepancies, which made the schedule of prices and total bid amount irreconcilable. As a result, the proposal is deemed nonresponsive and staff recommends rejecting the bid. The Engineer's estimate for this project was $251,000.00. The specifications allow thirty (30) working days for the completion of this project, excluding the 90 Day Landscape Maintenance period. To assure reimbursement through the EEM Program, a condensed work period is specified. This necessitates an aggressive and expeditious construction schedule. The disparity between the Engineer's estimate and the low bid can be accounted for by the short turnaround time required to deliver the specialty lighting system. FISCAL IMPACT: The Old Town Southern Gateway Landscaping is a Capital Improvement Project funded through the Redevelopment Agency and EEM Grant funds. With the transfer of $40,000.00 f rom the E scallier H ouse Relocation, adequate funds are available in the Project construction Account No. 280-199-833-5804. Sufficient funds are available in the Escallier House Relocation Account No. 280-199-835-5607 for this transfer. The total project cost is $391,083.55, which includes the construction contract amount of $351,930.50, plus the maintenance contract amount of $3,600.00, plus 10% contingency of $35,553.05. ATTACHMENT: 1 . Contracts 2. Location Map 3. Project Description RAGENDA REPORTS\2004\121404\PW02-20AWARD.DOC I I I ro) N CA 0 z >4 0 T 964 0 0 0 H 0 0 CD w 00 2, U Go� 60� W) 60� fo% ag C4 e4 CD 0 (D 00 00 C� Cl� lr� 4 eq CD co C�L 61 ss 6s r r 4 -1 ,t: 0 0 0 0 u u C) �- C� llc� cr> 64 61) 1 GAI C4 W. M CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW02-20 OLD TOWN SOUTHERN GATEWAY LANDSCAPING THIS CONTRACT, made and entered into the 14th day of December, 2004 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and International Pavement Solutions, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW02- 20, OLD TOWN SOUTHERN GATEWAY LANDSCAPING, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications for Construction of Local Streets and Roads, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW02-20, OLD TOWN SOUTHERN GATEWAY LANDSCAPING. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517-0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW02-20, OLD TOWN SOUTHERN GATEWAY LANDSCAPING. 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 specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. EXHIBIT E E-1 RACIPPROJECMPWOPW02-20 Gateway andscape\specs�Construction Contract.doc 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 an mish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW02-20, OLD TOWN SOUTHERN GATEWAY LANDSCAPING 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 FIFTY ONE THOUSAND NINE HUNDRED THIRTY DOLLARS and FIFTY CENTS ($351,930.50), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, exclusive of the 90 Day Landscape Maintenance period, 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. 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 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 oi EXHIBIT E E-2 RACIRPROJECTUMARW02-20 Gateway Iandscae6specs�Constructlon Gontract.doc 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. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 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 them 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 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. EXHIBIT E E-3 RAC1RPR0JECTS\PW02PW02-20 Gateway andscape�specs�Construcfion Untract.dw 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. All workshallbe complete and invoiced by March 31, 2005, exclusive of the 90 Day Landscape Maintenance. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or cl�livering 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 c overing d isputed c laims o r i tems i n c onnection w ith a S top N otice w hich h as 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. EXHIBIT E E4 RACIRPROJECTSMZPW02-20 Gateway landscape��\Gonstruction Contract.doc 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: Street Address: William G. Hughes William G. Hughes Director of Public Works/City Engineer Director of Public Works/City Engineer City of Temecula City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula. CA 92589-9033 Temecula. CA 92590-3606 EXHIBIT E E-5 RUPPROJECTSTWOOPW02-20 Gateway andscape\spem�Gonstrucfian Contract.dw IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR International Pavement Solutions P.O. Box 10458 San Bernardino, CA 92423-0458 (909) 794-2101 Brent C. Rieger, President Dennis C. Rieger, Treasurer/CEO (Signatures of two corporate officers required for Corporations) DATED: APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: Susan W. Jones, CMC, City Clerk CITY OF TEMECULA REDEVELOPMENT AGENCY Jeff Comerchero, Chairman EXHIBIT E E-6 RACIRPROJECTWWONW02-20 Gateway andscape�specs�Construcfion Contract.doc CITY OF TEMECULA CONTRACT AGREEMENT FOR MAINTENANCE OF THE OLD TOWN SOUTHERN GATEWAY LANDSCAPING PROJECT NO. PWOI-05 THIS CONTRACT, made and entered into as of December 14,2004 by and between the City of Temecula, and International Pavement Solutions.("Contractor'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1 . SCOPE OF WORK. Contractor shall complete all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Scope of Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractorshall not commence the Work until such time as directed in writing by the City of Temecula. a. TERM. This Agreement shall commence on December 14,2004, and shall remain and continue in effect until June 30, 2005, unless sooner terminated pursuant to the provisions of this Agreement. 2. COST OF WORK. For the Work described in Section 1 of this Agreement Contractor shall receive the sum of Three Thousand Six Hundred Dollars and No Cents ($3,600.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed by the City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed twenty-five thousand dollars ($25,000.00). Any additional work in excess of this amount shall be approved by the City Council. 3. PAYMENT. Contractor will submit invoices monthly, or at another agreed to interval, 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 contractor's fees it shall give written notice to Contractor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 4. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall cause a full time experienced Superintendent to be present on the site during all construction and to oversee and supervise the Work. 5. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. R:\C1P\PR0JECTS\PW02\PW02-20 Gateway [andscape\specs\Maintertance Contract.doc 6. CHANGE ORDERS. The City Manager may approve additional payment not to exceed 10% of the Agreement. Change orders exceeding these limits shall be approved by the City Council. 7. WAIVER OF CLAIMS. On or before making final request for payment under Paragraph 2., above, Contractor shall submit to the City, in writing, all claims for compensation under or arising out of this contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment. 8. 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 them wages and the general rate for holiday and overtime work in this locality foreach craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. Payroll records shall be submitted to the City with each pay request. Progress payments will be withheld pending receipt of any outstanding reports. 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. 'The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 3. 10. DEFAULT OF CONTRACTOR. a. The Contractors failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, R:\C1P\PR0JECTS\PW02\PW02-20 Gateway lands�pe\specs\Maintenance Contract.doc 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. 111. INDEMNIFICATION. The Contractor 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, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractors negligent orwrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Contractor 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) Employers Liability: $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 Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities R:\C1P\PR0JECTS\PW02\PW02-20 Gateway 1andscape\specs\Maintet=ce ContractAm performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. (2) For any claims related to this project, the Contractors 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 Contractors insurance and shall not contribute with it. (3) Any failure to complywith reporting orother provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (4) The Contractors insurance shall apply separately to each insured againstwhom claim is made or suit is brought, exceptwith respectto 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. f. Verification of Coverage. Contractor 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 Distdct before work commences. As an alternative to the City's forms, the Contractors insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the� coverage required by these specifications. 9- Contractor, by executing this Agreement, hereby certifies: "I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 13. TIME OF THE ESSENCE. Time is of the essence in this Contract. 14. INDEPENDENT CONTRACTOR. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither the City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractors officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind the 4 R:TIP\PR0JECTS\PW02\PW02-20 Gateway 1andscape\specs\Maintemnce Contract.doc . City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, the City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for the City. The City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations that in any manner affect those employed by it or in anyway affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by the City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work 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. 18. BOOKS AND RECORDS. Contractors 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. 19. UTILITY LOCATION. The City acknowledges its responsibilities with respect to locating utility facilities pursuant to �alifornia Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance wiih Government Code Section 4215. 21. INSPECTION. The Work shall be subject to inspection and testing by the 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. 22. DISCRIMINATION. Contractor represents that it has not, and agre es that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 23. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must �e in writing and may be given either by (i) 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, UCIPTROJECTSTW02TW02-20 Gateway landscape\sp�s\Maintemnce ContractAm 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: To City: City of Temecula P 0 Box 9033 Temecula, CA 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: City Manager To Contractor: International Pavement Solutions P.O. Box 10458 San Bernardino, CA 92423-0458 Attention: Brent C. Rieger, President (909) 794-2101 24. ASSIGNMENT. The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City of Temecula. 25. LICENSES. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it bylaw for the performance of the services descdbed in this Agreement. 26. 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 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 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. 27. 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. 28. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entedng into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 29. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to RACIPTROJECTSTW02TW02-20 Gateway landscape\specsNaintenance Contract.doc execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA REDEVELOPMENT AGENCY Jeff Comerchero, Chairman Attest: Susan W. Jones, CMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONTRACTOR INTERNATIONAL PAVEMENT SOLUTIONS P.O. Box 10458 San Bernardino, CA 92423-0458 (909) 794-2101 Brent C. Rieger, President Dennis C. Rieger, Tresurer/CEO (Signatures of two corporate officers for Corporations 7 RACIPTROJECTSTW02TW02-20 Gateway landscape%specsWainteriance Contract.doc I EXHIBIT A SCOPE OF WORK MAINTENANCE OF THE OLD TOWN SOUTHERN GATEWAY LANDSCAPING PROJECT NO. PWOI-05 MAINTENANCE SERVICES A. General Contractor shall maintain all plants in a vigorous, thriving condition bywatering, weeding, cultivating, and any other necessary operations during the entire period of installation and until final acceptance by the Owner as advised by the Project Biologist. Improper maintenance that may cause the poor condition of planted material at termination of the scheduled contract period shall cause postponement of final acceptance of work. Payment for annual maintenance activities shall be made monthly in accordance with the annual bid amount. Upon termination of maintenance activities the Contractor shall be paid the pro rata amount for the year in which the contract is terminated. The Owner shall pay for metered water used for watering landscape materials. B. Weeding: 1. Weeds shall be removed by the Contractor at lease once a month during the first two years, once every four months for years three and four, and twice a year during year five. More frequent monitoring will be preformed as necessary or as recommended by the Project Biologist to keep weeks at manageable levels. A licensed Pest Control Advisor shall be consulted if specific pest control recommendations are required. 2. Weeds and their root systems shall be removed completely, and watering shall precede weeding if necessary to facilitate root removal. Manual weed removal is preferred and herbicides, applied by a licensed professional, shall only be used as approved by the Project Biologist. C. Pest Control 1 . Insect infestations and plant diseases will be monitored by the Project Biologist and reported to the owner. The Contractor shall consult a licensed Pest Control Advisor for any extensive pest control measures. 2. Pesticide and herbicide use beyond that approved for weed eradication is strictly prohibited unless authorized by the Project Biologist. Biological control agents, such as insect predators, may be used at the discretion of the Project Biologist and as approved by the Owner. 3. Common pests and diseases that occur naturally in the environment and are not harmful to plants shall be identified as tolerated and no cultural treatments shall be allowed. D. Herbivory: The Contractor shall monitor for herbivory of plants and shall inform the Project Biologist within 24 hours of discovery, who shall then prescribe remedial actions. Any remedial actions, such as fencing, shall be provided at Owner's expense. 8 RACIPTROJECTSTW02TW02-20 Gateway landscape\specsWaintenance Contract.doc EXHIBIT A SCOPE OF WORK E. Leaf Drop and Organic Debris: Leaf and branch drop shall be retained unless specially required to be removed for brush management purposes as directed by the Project Biologist. F. Debris Removal: The Contractor shall remove and dispose off site all non -organic debris. Removal of trash and litter shall continue on a regular basis during the establishment maintenance period. Organic debris created from the weeding of annual grasses may be left on site if the Project Biologist determines that it will not affect the establishment of native seedlings. However, noxious weed debris shall be disposed of off -site to avoid further introduction of undesirable exotic seed or propagules. G. Erosion Control: 1 . Throughout the project installation, establishment and long-term maintenance periods, the Contractor shall monitor for erosion within revegetation areas and shall prohibit gullies, rill and sheet erosion, bare soil areas and silt deposition from occurring. 2. The Project Biologist shall prescribe erosion control procedures, at the expense of the Owner, after evaluation of potential and existing erosion problems on a case -by -case basis. 3. Erosion control shall emphasize prevention. If needed, however, repair shall include redirection or dissipation of the water source and recontouring of soil, followed by seeding, mulching, or planting. In some cases, straw mulching (with weed -free straw) is sufficient to stabilize the soil. Strategically placed and secured hay bales or sand bags may be used to dissipate water sources. 1 4. If required, the Project Biologist shall prescribe seeding of eroded areas. The plant palette and installation treatments employed in the restoration program shall dictate species selection. The use of invasive exotic species for erosion control shall not be allowed. 5. Erosion control prescribed during the long term maintenance period will be the responsibility of the Owner. 1. Replanting and Reseeding: I . The Contractor shall procure replacement planting stock in advance to ensure that replacement of dead container plants shall not be delayed during the plant establishment and maintenance periods. Additional container plants shall be added if a bare spot of twenty-five square feet or greater exists in the revegetation area following 120 days after planting and if the Project Biologist determines it is necessary for erosion control purposes. 2. Any plants not achieving the success criteria of the CDFG and ACCE permits following the long term maintenance period shall be removed and replaced by the Contractor. Plants shall be replaced in kind, as specified in the plant palettes, or with appropriate replacement species that have shown success in that specific area, as determined by the Project Biologist. Any species substitutions shall require the approval of the Project Biologist. 9 R:\CIP\PR0JECTS\PW02\PW02-20 Gateway 1andscape\specs\Maintemnce Contruct.doc EXHIBIT A SCOPE OF WORK 3. If certain plant species are failing in an area, plant species substitutions might be needed to achieve a greater success rate. No substitutions shall be made unless the owner and the Project Biologist approve the species substitution to achieve a greater success rate. Approved plant substitutions shall consist of only native plant material, and only local native genetic stock shall be used. PERFORMANCE STANDARDS FOR THE CREATION SITE DURING LONG-TERM MAINTENANCE PERIOD A. First Year Performance Standards: 1 . Seeded Plants: Sixty (60) percent cover of native seeded species within 120 days after seeding. 2. Container Plants: Ninety (90) percent survival of all tree and shrub plantings. If 90 percent survival has not been achieved, replanting necessary to achieve this standard shall be performed 120 days after planting. 3. If percent survival has not been achieved, replanting in -kind and/or re -seeding may be required. 4. Listed exotic weed species shall account for less than five percent cover and no mature specimens shall be present., B. Second Year Performance Standards: 1 . Seeded Plants: Coverage sufficient to prevent back erosion and flood damage, recommended at sixty-five (65) percent. 2. Container Plants: Ninety (90) percent survival of all tree plantings and eighty (80) percent survival of all shrub plantings. If the percent survival has not been achieved, any replanting necessary to achieve this standard shall be performed. If an acceptable growth rate in height has not been achieved, the Project Biologist may recommend additional remediation measures. 3. Achieve at least five percent natural recruitment of native plants (either at least five species present or five percent cover from volunteers). If this is not achieved, the Project Biologist may require remedial grading to divert more floodwater on site to promote natural recruitment or not re -seeding sparse cover areas. 4. Listed exotic weed species shall account for less than five percent cover and no mature specimens shall be present. C. Third Year Performance Standards: 1 . Seeded Plants: Coverage sufficient to prevent bank erosion and flood damage, recommended at seventy (70) percent. 10 R:\C1PNPR0JECTS\PW02\PW02-20 Gateway landscape\specsWaintenance Contract.doc EXHIBIT A SCOPE OF WORK 2. Container Plants: Ninety (90) percent survival of all tree plantings and eighty (80) percent survival of all shrub plantings. Seventy (70) percent cover of all tree and shrub plantings including volunteers. Replanting shall be performed as necessary to achieve these standards. All one -gallon cottonwood plantings shall achieve a height of at least ten feet. All willow species (excluding Salix exigua) shall achieve a height of at least seven feet, and Salix exigua shall achieve a height of at least four feet. If the minimum heights are not met, the Project Biologist may recommend additional fertilizer. D. Fourth Year Performance Standards: Seventy-five (75) percent coverage of hydroseeded groundcovers. 2. Container Plants: Ninety (90) percent survival of all tree plantings and eighty (80) percent survival of all shrub plantings. Seventy-five (75) percent cover of all tree and shrub plantings including volunteers. Replanting shall be performed as necessary to achieve these standards. All one -gallon cottonwood plantings shall achieve a height of at least 13 feet. All willow species (excluding Salix exigua) shall achieve a height of at least nine feet, and Salix exigua shall achieve a height of at least five feet. If the minimum heights are not met, the Project Biologist may recommend additional fertilizer. E. Fifth Year Performance Standards: Seeded Plants: Eighty (80) percent coverage. 2. Container Plants: Ninety (90) percent survival of all tree plantings and eighty (80) percent survival of all shrub plantings. Eighty (80) percent cover of all tree and shrub plantings including volunteers. Replanting shall be performed as necessary to achieve these standards. All one -gallon cottonwood plantings shall achieve a height of at least 16 feet. All willow species (excluding Salix exigua) shall achieve a height of at least 11 feet, and Salix exigua shall achieve a height of at least six feet. If the minimum heights are not met, the Project Biologist may recommend additional fertilizer. 11 R:\C1P\PR0JECTS\PW02\PW02-20 Gamway landscap6specsWaintemnee ContractAm DEPARTMENTAL REPORT DEPARTMENTAL REPORTS APPROVAL CITYATTORNEY A A DIRECTOR OF FINANCE 4�:2� CITY MANAGER W �7j/ CITY OF TEMECULA AGENDA REPORT TO: City Manager/Ci , IT C 1/1 FROM: D - - - Qirector of Planning DATE: December 14, 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 45 new applications for administrative, other minor cases, and home occupations and 6 applG—tions for public hearings during the month of November. The new public hearing cases are as follows: DEVELOPMENT PLAN 3 CONDITIONAL USE PERMITS 1 MINOR MODIFICATION 1 TENTATIVE PARCEL MAP 1 Status of Mamor Promects New Promects • Alvarez Del Rio Building — A Development Plan to construct, establish and operate a 17, 378 square foot office/warehouse building on 1.43 acres. The subject property is located on the east side of Del Rio Road, south of Calle Cortez. A DRC meeting was held on November 18, 2004. Staff is awaiting revised plans. (PA04-0543 — HARRIS) • Rancho Baptist Church Monopine — A Conditional Use Permit application to construct an 80' foot monopine antenna facility with shelter on the northwest corner of the Rancho Baptist Church property, located at 29775 Santiago Road, APN 922-130-017. The application was submitted on November 9, 2004. A DRC meeting is scheduled for December 16, 2004. (PA04- 0578 — PETERS) R:W10NTHLY.RPTV004X1 1-2004 Reporl.doc La Quinta Inn & Suites — A Pre -Application for a 98 unit facility used for lodging located on Highway 79 South, east of La Paz Road. Comments are due December 8, 2004. (PR04-0019 — DAMKO) Roick Drive Business Condo — A Tentative Parcel Map to subdivide a building into 20 units. The project is located on the northeast corner of Via Industria & Roick Drive. (PA04-0588 — DAMKO) Recentiv ADDroved Proiects • La-Z-Boy — A Development Plan to construct a 15,000 square foot building for La-Z-Boy on .94 acres at the NE corner of North General Kearney and Promenade Loop Road. (APN 910-130- 088). A DRC meeting was held August 5, 2004. The Planning Commission recommended approval with conditions at its October 20, 2004 meeting. (PA04-0456 — PETERS) • 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. The item was approved at the City Council meeting on November 9, 2004. (PA04- 384 — PAPP) • Milgard Windows Addition —An Administrative Development Plan to construct an 8,775 square foot office addition to Milgard Windows located at 26879 Diaz Rd. An ad hoc Planning Commission sub -committee met with the applicant on September 15, 2004 to resolve design issues. A letter was sent to the applicant on September 20, 2004. The project was administratively approved October 18, 2004. (PA04-0479 — PETERS) • 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 projectwentto DRC on March 11, 2004. The project was resubmitted on August 3, 2004. This project was approved by the Planning Director on October 14, 2004. (PA04-0074 — LONG) • 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 Marchl, 2004 and submitted revised plans on May 25, 2004. Staff sent out comments on July 9, 2004. The applicant resubmitted plans on September 13, 2004. Staff is currently working on a staff report. The Planning Commission approved this project November 3, 2004. (PA04-0133 — LONG) 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 and 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. Revised plans that were to address Public Works comments were submitted on July 28, 2004, and on September 9, 2004. The project was approved at the November 17, 2004 Planning Commission hearing. (PA03- 0"7 — FISK) RAMONTHLY.RPT\2004\1 1-2004 Report.doc Projects Under Review Commercial 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. Revised plans were submitted on September 29, 2004. The project was presented to the Old Town Local Review Board on November 8, 2004. Staff has requested conditions of approval from other departments, howeverthe Fire and Public Works Departments have comments that need to be addressed before and conditions will be issued. The project is anticipated to be scheduled forthe January 2005 Planning Commission hearing. (PA04-0231 — FISK) 0 Temecula Town Center Modifications — A Major Modification to construct various fagade renovations and parking lot modifications within the Temecula Town Center. Located on the northeast corner of Rancho California Road and Ynez Road. The application was submitted on September 23, 2004. Staff is awaiting additional signage information associated with the proposed fagade improvements. (PA04-0530 — HARRIS) Penfold Plaza —A Major Modification to a Development Plan to add a 1,900 sq. ft. dining area and a 1,148 sq. ft. patio at the third story of an approved 18,000 sq. ft. building on 0.44 acres located at 42072 Fifth Street. The application was submitted on December 1, 2004 and staff is currently reviewing the application. (PA04-0592 — FISK) Creekside Plaza Circle K/Unocal — An Administrative Development Plan to construct, establish and operate a service station, self 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. Applicant resubmitted on August 6, 2004. Sent 3rd iteration of comments out on September 1, 2004. Applicant resubmitted on October 7, 2004. Staff sent 4th iteration of comments out on November 9, 2004 waiting for applicant response; applicant is currently working with Public Works to resolve access issues. (PA04 - 0232 — DAMKO) Roripaugh Town Center — A Specific Plan Amendment, General Plan Amendment, Tentative Parcel Map, Conditional Use Permit and a Development Plan to design and construct approximately 171,200 square feet of commercial development, which include four majorteriant 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 staffs 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 resubmitted plans on June 16, 2004. A DRC was held on July 22, 2004. On October 20,2004 the Planning Commission made a recommendation RAMONTHLY.RPT\2004\1 1-2004 Report.doc that the City Council approve the project. City Council approved this item on November 23, 2004. (PA02-0364 —LONG) St. Thomas Episcopal Church — A Development Plan /Conditional Use Permit for a 16,983 square foot sanctuary and a 12,768 square foot parish hall with day care on 3.74 acres, located at 29132 Avendia de Missiones. This application was submitted on June 4, 2004. A DRC meeting was held on August 12, 2004. The applicant has been discussing revised Concept plans with staff since August 12, 2004. Staff is currently awaiting submittal of revised plans. (PA04-0394 — FISK) Penny Dome Office Building — a Development Plan to construct a 5,296 square foot office building on 0. 18 acres located at 41888 0 street. This application was submitted on August 11, 2004. A DRC meeting was held on September 9, 2004 and a DRC letter was sent to the applicant on September 13, 2004. The project went before the Old Town Local Review Board on September 13, 2004. Revised plans were submitted on October 7, 2004. A second DRC letter was sent to the applicant on November 3, 2004. Revised plans were received on November 29, 2004 and staff is currently reviewing the revised plans. (PA04-0498 — FISK) • Moreno Road Office Building - A Development Plan to construct a two — story 7,000 square foot office building on.76 acres, located at41919 Moreno Road. The application was submitted on July 12, 2004. Staff provided a DRC comment letter to the applicant on August 23, 2004 and continues to await plan revisions. (PA04-0470 — HARRIS) • Pauba Road Offices — A Development Plan to construct 2 two story office buildings totaling 18,237 square feet located at Pauba Road and Margarita Road. The office buildings will be used for retail and office space. A DRC meeting was held on October 7, 2004. A DRC letter was sent October 12, 2004. The applicant is currently meeting with neighbors to discuss site design. (PA04-0476 — DAMKO) • Temecula Corporate Center —A Pre -application for a mixed -use business park was submitted on October 5, 2004, consisting of 17 office, "flextech", and industrial buildings on two parcels (6.19 and 6.23 acres) on the east and west sides of Via Industria. The application was submitted October 5, 2004 and a DRC was held November 4, 2004. Staff is waiting for the formal submittal of a Development Plan application. (PR04-0017 — PETERS) • Vantage Oncology — A Minor Modification to an existing Development Plan was submitted on September 27, 2004 to add a 1,250 square foot addition to the Redhawk Medical Center at the southeast corner of George Cushman Court and Highway 79 South. The application was submitted September 27, 2004, and a DRC meeting was held October 28, 2004. Staff is currently waiting for response.(PA04-0535 — PETERS) • Calle Cortez — A Development Plan application was submitted on October 1, 2004 to construct two concrete tilt -up service commercial buildings. Building 1 is 16,954 square feet and building 2 is 15,432 square feet. The project is located on the north side of Calle Cortez, just west of Jefferson. DRC was held on November 18, 2004. Staff is waiting for resubmittal. (PA04-0544 — DAMKO) • El Torito — A Development Plan to construct and operate a 7,380 square foot restaurant on 0.42 acres located at 40517 Margarita Road (Power Center 11). The application was submitted on October 25, 2004. A DRC meeting was held on December 2, 2004 and a DRC letter was sent to the applicant on December 2, 2004. Staff is currently awaiting the submittal of revised plans. (PA04-0561 — FISK) R:\M0NTHLY.RPT%2004%11-2004 Report.doc • Margarita Crossing — A Development Plan to construct a 37,173 square foot mixed use retail restaurant center on 5.56 acres located at the northwest corner of Margarita Road and Nicole Lane. The application was submitted on October 28, 2004. A DRC meeting is scheduled for December9,2004. (PA04-0563— FISK) • Ruby's Restaurant — A Major Modification to include exterior material and color changes to convert an existing Coco's Restaurant to a Ruby's Diner at 26495 Ynez Road. The application is scheduled for the December 15, 2004 Planning Commission meeting. (PA04-0550 — PETERS) • Orchard Christian Fellowship — A Minor Modification to a 7,832 square foot assembly building to change windows and doors on two sides of the building, and add new steps and landscape planter. The application was submitted on October 18, 2004. A DRC meeting was held November 18, 2004. (APN 921-310-004) (PA04-0552 — PETERS) • Temecula Education Complex —A Development Plan and PDO forthe construction of a 144,000 sq. ft. education complex, a 10,000 sq. ft. Research and Development and conference center, 16,000 sq. ft. day care facility, 48,000 sq. ft. of retail space, a two story parking structure and 288 apartment units on 40 acres located at the northwest corner of Diaz Road and Dendy Parkway. The application was submitted on November 17, 2004 and staff is currently reviewing the application. (PA04-0682 — FISK) Subdivisions 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 development plan via email for staff s review on June 2, 2004. Staff reviewed draft development plan and sent comments via email on June 15, 2004. Staff met with applicant regarding additional issues in August. The applicant resubmitted on September 20,2004. Staffsentthird iteration letter on October 14, 2004. Waiting for applicant response, and currently working on the Initial Study. (PA04-0178 — DAMKO) PM 28049 EOT —A fourth Extension of Time for Parcel Map 28049 (A proposed multi -family residential development. The subject property is located at the northwest corner of Pujol Street and Calle Carrillo. The application was submitted on September 30, 2004. Staff is awaiting an environmental study to address MSCHP requirements. (PA04-0539 — HARRIS) 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. The project was resubmitted on November 2, 2004 and staff is currently reviewing the revised plans. (PA04-0368ITTM 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 RAMONTHLY.RPTU004\1 1-2004 Report.doc package did not include revised landscape plans. Applicant was advised but has not yet submitted landscape plans. Letter was mailed to applicant on June 4, 2004 to extend application processing 6 months. New architect is working on revising plans. (PA03-0359 — KITZEROW) Temecula Industrial Park —A Development Plan to construct thirteen single -story office 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 March 29, 2004, and again on April 28, 2004. A DRC was held July 15, 2004. Staff is reviewing revised plans submitted on September 9, 2004. A DRC meeting was held September 30, 2004. Staff is reviewing revised plans submitted November 12, 2004. (PA03-0728 — PETERS) 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. The applicant resubmitted in July without fully addressing staffs comments. The second iteration letter was sent out on August 6, 2004. Planning Commission hearing date is scheduled for December 15, 2004. (PA04-0361 — DAMKO) Temecula Corporate Heights — Applicant is requesting a sign program for a multi -tenant industrial building at 42301 Zevo Drive, just west of Diaz Road. The DRC letter was sent on May 6, 2004. Applicant submitted on May 22 ' 2004. Sent 2 nd iteration letter on June 8, 2004. The applicant resubmitted on June 29, 2004. Staff sent 3 nd iteration comment letter on August 4, 2004. Applicant submitted on September 7, 2004. Staff sent 4th Iteration comment letter on November 18, 2004. (PA04-0198 — DAMKO) 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 a letter requesting revisions was mailed to applicant on July 27, 2004. The application was resubmitted on August 23, 2004. Comments from other departments were due September 7, 2004. Clearance from the county geologist was received in late November. This item is tentatively scheduled for Planning Commission on January 5,2005. (PA04-0134—KITZEROW) Park Place Office: - A Development Plan to construct a 20,416 SF office building located at the southwest corner of Diaz Road. & Winchester Road. The applicant submitted plans on July 14, 2004. A Pre-DRC meeting was held on August 10, 2004A DRC letter was mailed to the applicant on August 12, 2004. Revised plans were submitted on September 21, 2004. This item is tentatively scheduled for the December 15, 2004 Planning Commission and will require council review. (PA04-0134 — KITZEROW) Waste Pointe Business Center —A Development Plan to construct 14 separate office buildings totaling 50,000 square feet set in a campus setting. The proposed buildings are located on the corner of Roick Road and Via Industria. A DRC meeting was held on September 29, 2004. Applicant resubmitted on November4,2004. A Planning Commission hearing date is scheduled for December 15, 2004. (PA04-0612 — DAMKO) RAMONTHLY.RPMODC1 1-2004 Report.doc Mixed Use Residential 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 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. As of November 12, 2004 the 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. A second DRC letter was provided on September 10, 2004. Staff is awaiting plan revisions. (PA03-0662 — HARRIS) 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. A DRC meeting was held August 5, 2004. Waiting for applicant response. (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 held on July 8, 2004. Staff is awaiting submittal of revised plans. (PA04 -0283 and PA04-0275 —PETERS) Temecula Ridge Apartments — A Development Plan for the addition of 20 units by adding a 3 rd 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. Plans were resubmitted on October 12, 2004. This project was presented at November 17, Planning Commission meeting with a denial recommendation from staff. The Planning Commission continued the item to December 15, 2004 to have findings and conditions of approval prepared. (PA04-0260 — KITZEROW) Roripaugh Ranch Specific Plan Amendment - A Specific Plan Amendment (SPA), 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. The SPA was resubmitted on September 1, 2004. Staff sent out a correction letter on October 11, 2004. The project was resubmitted on October 29, 2004. This project is scheduled for Planning Commission hearing on December 15,2004. (PA04-0369,0370,0371 — LONG) RAMONTHLY.RPT\2004\1 1-2004 Report.doc • Saratoga Ridge —A Product Review for 10 detached single family residences which offer 2 floor plans, and 3 architectural styles. The project is located off Rancho Vista Road and Greentree. It was submitted on July 28, 2004. Sent comment letter to applicant on August 30, 2004. The applicant resubmitted on October 7, 2004. A Director's Hearing is scheduled for December 1, 2004. (PA04-0488 — DAMKO) • Temecula Lane — A Conditional Use Permit, Development Plan and Vesting Tentative Tract Map to construct 59 4-plex: buildings totaling 236 units, 32 3-plex: buildings totaling 96 units and 96 single-family detached units on a 47.5 acre site located at the northeast corner of Loma Linda Road and Temecula Lane. A DIRC meeting was held with the applicant on October 21, 2004. Staff is awaiting plan revisions. (PA04-0496 — HARRIS) Miscellaneous • Sprint 100 Margarita — A Minor Conditional Use Permit for the co -location of six (6) cellular telecommunication antennas on a mono -pine, which includes the replacement of the existing 57 foot high mono -pine with a 68'4 ft mono -pine. Located at 41520 Margarita Road. The application was submitted on September 23, 2004. A DRC letter was sent to the applicant on October 19, 2004 and staff is currently awaiting revised plans. (PA04-0529 — FISK) • 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 meeting was held on May 20, 2004. Staff is currently waiting for revised plans. No change as of December 3, 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. The applicant resubmitted plans on September 23, 2004. Staff is in the process of contracting with a third party for review of the project. (PA04-0225 — FISK) • 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'x1 2' 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. As of November12, 2004, the applicant has not resubmitted. (PA02-0335 — PAPP) Rancho Medical Group Sports Facility — A Conditional Use Permit for a recreation facility (for physical therapy and public use) in an existing 76,886 square foot building in the LI Zone located at 28780 Single Oak Drive. Proposal includes volleyball courts, basketball courts, martial arts studio and exercise equipment. The project was submitted on August 5, 2004. A DRC meeting was held on September 9, 2004. A DRC letter was sent on September 10, 2004. The project was resubmitted on September 14, 2004 and a second DRC letter was sent to the applicant on October 1, 2004. The project was resubmitted on October 27, 2004. This item is scheduled for Director's Hearing on December 9, 2004. (PA04-0493 — KITZEROW) RAM0NTHLY.RPT%2004N1 1-2004 Report.doc 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. Staff provided an EIR comment letter to applicant the week of June 7, 2004. Staff is currently waiting for the revised EIR. (PA01 -0375 — PETERS) 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 met with the applicant on August 19, 2004 to discuss design alternatives. The applicant is continuing to cooperate with staff to deveiop an agreeable design solution. On September 16, 2004 the applicant submitted design concepts that were not supported by staff. There has been no formal resubmiffal since May 10, 2004. (PA02-0637 — PAPP) 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 Mail. 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 mail. (PRJOO-906 — FISK) 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. A DRC was held on August 18, 2004. Staff and the City Council subcommittee have met with the applicant twice. The applicant submitted revised plans and a Tentative Parcel Map (PA04-0571) on November 4,2004. Staff is currently reviewing the plans. As of December 2, 2004 staff is waiting for revised environmental documents. (PA04-0462, 0463 — LONG) Verizon Wireless Telecommunication — A one year extension of time for a previously approved Minor conditional Use Permit (PA01-0019) to co -locate 3 antenna array panels on an existing monopine structure located at the RCWD tank in Chardonnay Hills, 31008 Rancho California Road. A Director Hearing was held on September 9, 2004 where it was re -directed to Planning Commission due to environmental concerns expressed by neighboring property owners. An Initial Study is being prepared to consider aesthetic impacts. The applicant has been notified that a Negative Declaration will be prepared. This item has not yet been scheduled for Planning Commission. (PA04-0264 — PAPP) Concordia University — A CUP to allow an education facility within an existing building in the LI Zone, located at 28780 Single Oak Drive. This application was received on October 29, 2004. Staff is currently reviewing plans and a Pre-DRC was held on November 23, 2004. A DRC letter was mailed on November 24, 2004 and this item is tentatively scheduled for the December 30, 2004 Director's Hearing. (PA04-0565 — KITZEROW) Nextel at Bennett —A Development Plan and Conditional Use Permit to construct and operate a cellular telecommunications facility consisting of six antennas (total) on two light poles and 11.5" x 20" equipment building on 12 acres located at 32240 Highway 79 South. The application was submitted on November 1, 2004. Staff is in the process of contracting with a third party for RAMONTHLY.RPT\2004\1 1-2004 Reporl.doc review of the project and will hold a DRC meeting with the applicant upon completion of the third party review. (PA04-0566 —FISK) Dalton Historic Building — A sign program for an approved 17, 334 square foot three-story office/retail building located at the northwest corner of Mercedes Street and Fifth Street. The application was submitted on November 4, 2004. Staff sent a comment letter to the applicant requesting revisions to the sign program on November 19, 2004 and is currently awaiting the submittal of a revised plan sign program. (PA03-0711 — FISK) 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 Planning Department in December. Rachel's Place — Staff is working with this new business in order to help them obtain funding for new signs under the Fagade Improvement Program. The Trick Shop — Staff has helped this Old Town business obtain approval for her signs that were approved by the Old Town Local Review Board at their November meeting. Temecula Psychic —Staff is working with this established Old Town business owner to help him obtain approval for his proposed signs and ensure compliance with the sign program for the Temecula Stage Stop. Special Event Permits 2005 Good Old Days Car Show: Staff is helping applicant with their temporary use and special event permits. This event will take place on February 26, and 27, 2005 in Old Town Temecula. An initial organizational meeting has been held with the applicant and involved City departments. Erle Stanley Gardner Mystery Weekend: This event took place November 6 and 7 in Old Town Temecula. Staff aided the Redevelopment Department in expediting the approval of a temporary use permit for this activity. Special Pro*ects & Long Range 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 — Staff anticipates completing their review of the Screencheck Draft of the EIR by the first week of December. Staff anticipates releasing the Draft EIR for public comment in January. (HOGAN) Public Transportation Master Plan —Staff has been researching how these issues have been addressed by other jurisdictions. Current efforts focus on park-n-ride facilities. (WEST) Santa Margarita River Watershed Planning Project - Staff members from the Planning and Public Works Departments are participating in the process to ensure that the results and RAMONTHLY.RPMOM1 1-2004 Report.doc 10 recommendations are based upon good information, appropriate science, and that the interests of local residents are protected. Comments on the revised draft of the watershed assessment report were provided on November 9, 2004. Staff is currently reviewing the draft Watershed Management Plan. (HOGAN) • Automobile Dealership Signage and Special Events — Staff is preparing a recommendation for weekend events and signage issues based on the information proposal received from Automobile Dealership Association. • Staff has prepared a final draft ordinance to codify use restrictions and supplemental standards for "Cyber Caf6s." The final draft was routed to the City Attorney on September 15, 2004. This item has not yet been scheduled for public hearing. (PAPP) • Roripaugh Estates Specific Plan Amendment — Staff is proposing to amend the Roripaugh Estates Specific Plan to resolve commercial zoning issues and existing land uses adjacent to Planning Area 8. (PA97-0443 — WEST) • 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 reviewed the proposals and selected two firms for interview on December 15, 2004. Staff anticipates bring forward a contract to City Council in February. (WEST) • Supplemental Development Standards (Alcohol Sales) — Staff and the City Attorney are developing additional performance standards. The tentative schedule has a proposed ordinance amendment going to the Planning Commission in January 2005. (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. • 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 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. • 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. R:WONTHLY.RPM004\1 1-2004 Report.doc 11 • Update of the Citywide Design Guidelines - Staff has completed its review of the Guidelines and has provided a comprehensive set of comments to the consultant assisting in this effort. The consultant will require two to three weeks to respond to staff comments and prepare a Final Draft. A presentation to Planning Commission is tentatively scheduled for mid -December 2004. (PAPP) • Margarita Village Specific Plan Amendment. —A minor amendment was resubmitted to facilitate HOA ownership of the pool, tennis courts and tot lot. This item is scheduled for the Planning Commission on December 1, 2004. (PA04-0486 — WEST) • AQMD Air Quality Element Guidelines — Staff is reviewing the draft to see how the previous comments were addressed. * 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 resubmittalto 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) Diaz Road General Plan Level Improvements — Staff has prepared an initial study to determine the impacts of constructing ultimate improvements on Diaz Road. The initial study will need to be revised because of recent improvements at the intersection of Diaz Road and Rancho Way. Staff recommends that a Negative Declaration be prepared. Planning will coordinate with Public Works to schedule this item for City Council. (EA1107— PAPP) o 1-15 / SR79 S. Ultimate Interchange Project — Staff has provided comments to the Public Works Department on the issues that need to be addressed in the NEPA/CEQA document that is to be prepared for this project. (EA1 11 — WEST) Mercedes Street Interim Parking Lots — Staff has reviewed the proposed project and determined that a Categorical Exemption will meet the requirements of CEQA. (EA -I IS HOGAN) 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) RAMONTHLY.RPT\2004\1 1-2004 Report.doc 12 Margarita Village General Plan Amendment — (PA04-0391) 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 was held on July 8, 2004. The project was resubmitted on August 2, 2004 and a DRC letter was sent to the applicant on August 26, 2004. Staff is currently reviewing revised plans submitted on October 4, 2004. (KITZEROW) PA04-041 1, Nicolas 73 — A General Plan Amendment application (and Zone Change PA04- 0414, and TTM PA04-0415) to change the land use designation on 73 acres from very low 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 July 15, 2004. Based upon issues raised at DRC and clarified in a follow-up letterthe applicant was informed that staff does not supportthe GPA. Issues related to the overall project density and number of lots proposed on the map will require a resubmittal. The proposal will not go to Public Hearing prior to the adoption of the Comprehensive General Plan update. (PAPP) RAMONTHLY.RPT\2004\1 1-2004 Report.doc 13 APPROVAL CITY ATTORNEY DIRECTOR OF FIN) CITY MANAGER I CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jim Domenoe, Chief of Police DATE: December 14, 2004 SUBJECT: Monthly Departmental Report The following report reflects special teams, traffic enforcement and miscellaneous activity occurring during November 2004. The Police Department responded to 53 "priority one" calls for service during the month of November, with an average responsetime of approximately 5.9 minutes. Atotal of 4,402 calls for police service were generated in the City of Temecula during the month. During November, the Temecula Police Department's Old Town Storefront served a total of 248 customers. Fifty-five sets of fingerprints were taken, 40 people filed police reports and 13 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 November, the POP Teams continued their problem oriented policing approach of areas within the community and made six felony and five misdemeanor arrests for various crimes. 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 wrote five citations during the month. Additionally, the POP Team was responsible for conducting nightly surveillance in the business districts of Temecula. Members of the POP Team also began establishing gang database information by identifying and interviewing suspected street gang members in Temecula. The traffic team reported that during the month of November there were 748 citations issued for hazardous violations, 53 citations were issued for non -hazardous violations and 163 parking citations were issued. During the month there were six injury traffic collisions, 39 non -injury collisions were reported and 21 drivers were arrested for DUI. In other citation summary information, the Neighborhood Enforcement Team (NET) program resulted in 95 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 317 citations being issued. Monthly Departmental Report — Police Department During the month of November, the POP officers assigned to the Promenade Mall handled a total of 51 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 two felony and six misdemeanor cases. Officers Joyner and Rahn continued to provide training to security staff during the month. The mall off icers continued to work to prevent vehicle theft and vehicle burglaries. There were five vehicle thefts and no vehicle burglaries reported during the month of November at the mall. Ourfive school resource officers have remained active during November, with the beginning of the school year. The school resource officers conducted many counseling sessions with students. A total of 60 investigations/reports were conducted/written by the school resource officers during November. The school resource officers made several felony arrests for burglary and possession of a dangerous weapon on campus. They also made misdemeanor arrests possession of marijuana and theft. The YAT program (Youth Accountability Team) continues to be a success in part through its Youth Court program. 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. Sheassistedthe Riverside County District Attorney's Office and Probation Department by providing training during home visits with incorrigible/at risk juveniles during the month of November. Officer Medeiros is currently carrying a caseload of about 30 at -risk juveniles. While it is difficult to quantify her activities, the service Officer Medeiros provides in helping steer young people in the community away from criminal activity is invaluable. During the month of November, the Special Enforcement Team (SET Team), consisting of Off icers Jeff Fisher and James Kaffka, continued their narcotic enforcement efforts. Officers Fisher and Kaffka made six felony and two misdemeanor arrests for various crimes, including narcotic violations. Officers also recovered quantities of methamphetamine during the month. The SET officers wrote and executed a search warrantfor methamphetamine during the month of November. Volunteers from the community continue to be an integral partof theTemecula Police Department's staff. Under the guidance of volunteer coordinator Officer Lori Callahan and assistant coordinator Gayle Gerrish, the Police Department's volunteer staff contributed 297 hours of service in November. Volunteer assignments include computer data input, logistics support, special event assistance and telephone answering duties. CommunityAction Patrol (CAP) Program volunteers have continued their activities, patrollingthe 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 115 hours of service to the community during the month of November. 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 43 hours specifically on patrol in Temecula during November. Monthly Departmental Report — Police Department The Temecula Citizen Corps Program continued to make good progress during the month of November. The executive body, or the TCC Council, continued to hold their bi-weekly meetings at Station 84. There are many indications that TCC will continue to grow and prosper within the community as the program is introduced to the PTA organization and new volunteers are signed up. Monthly Departmental Report — Police Department APPROVAL CITYATTORNEY DIRECTOR OF FINAl' CITY MANAGER e--� CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: William G. Hughes, Director of Public Works/City Engineer DATE: December 14, 2004 SUBJECT: Department of Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for the month of November, 2004. MOACTRPT MEMORANDUM TO: Bill Hughes, Director of Public Works/City Engineer FROM: Brad Baron, Maintenance Superintendent DATE: December 3, 2004 SUBJECT: Monthly Activity Report - November, 2004 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of November, 2004: 1. SIGNS A. Total signs replaced 34 B. Total signs installed 20 C. Total signs repaired 70 11. TREES A. Total trees trimmed for sight distance and street sweeping concerns 4 Ill. ASPHALT REPAIRS A. Total square feet of A. C. repairs 3,249 B. Total Tons 55 IV. CATCH BASINS A. Total catch basins cleaned 258 V. RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement 0 VI. GRAFFITI REMOVAL A. Total locations 17 B. Total S.F. 2,347 VII. STENCILING A. 6 New and repainted legends B. 0 L.F. of new and repainted red curb and striping Also, City Maintenance staff responded to 38 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 90 service order requests for the month of October, 2004. The Maintenance Crew has also put in 142 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of November, 2004 was $ 78,690.00 compared to $ 71,098.00 for the month of October, 2004. Account No. 5402 Account No. 5401 Account No. 999-5402 $ 2,100.00 $75,630.00 $ 960.00 cc: Ron Parks, Deputy Director of Public Works Ali Moghadam, Senior Engineer - (Traffic) Greg Butler, Senior Engineer - (Capital Improvements) Amer Attar, Senior Engineer - (Capital Improvements) Jerry Alegria, Senior Engineer - (Land Development) 2 E OA 4 ou co m 0 LU Q > w 0 a; U) E 0 0 0 co a. 0, M UJ 00 U a LU 0 0 CL 2 ul M o o ci 6 0 Z 0 LU LU � 0 w CL 0 o C2L LU Z Z ZQ o ci LU cla �- m IL z R w m 0 00 LL P La 0 0 0 v c; Z LU LU L) 0 0 LU U) 0 W z �- 900) w w V y I.. W LU 0 0 0 IL 0 W � 0 w ir w w LU w 0 cr 0) u 0) 0 0 LU z 0 M Q a; c6 21 ci ui � w 0 LU IL LU Of a) z 2 U) 0, c; oi a m C; cli L 0 0 C6 m � 16 c; m 0 m C� v 0 v w 0 LU U) a m 0 0 w x L) w > W w to z LU LU LU d d 0 z 9 0 z .0 m m M E 0 LU U) �- Y LU w �j m 0 CL 0 L) 0 IL w 0 w >- F- 0 0 Z�u LU Z 0) 2 Lu j- F- �- L z CL LLI 0 ul LU coo 7 N ci C6 coo 0 0- LO N N 9 Lq LQ 0 N m m m LU LU LU 00-n 00 0 00 0 0 C? LLI C'T m m vi Cd LLI 0 z LU 'd m a m m LQ N m 0 00 000 0 �MN m LU a -7 N C� LU m CL uj 000 00 m Ld w N coo 0 0 0 0 0 0 MN m 0 C� NN m 0. 0 Cf 0 ci N LU Ix z Of LU I c �C* w �t; z z 0 mco Z E i ca w C-) E Cl) C) 0 Cl) -C-0 Zo 0 E E 0 0 U 0 wo z ;R E2 m 0 0 L) -ED m 0 w Of 0 z o w .2).M m 0 F- 02 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of November, 2004 DA'LE A )UT CCO NT STREET/CHANNEL/BRIDGE DESCRIPTION OF WORK TOTAL COST SIZE CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 11/15/04 # 5401 CITYWIDE CHANNELS MECHANICAL WEED ABATEMENT, DEBRIS AND TRASH REMOVAL OF CITYWIDE CHANNELS TOTAL COST — $ 9,750.00 Date: 11/23/04 # 5402 CITYWIDE R.O.W.'S APPLICATION OF PRE -EMERGENT HERBICIDES TO CITYWIDE R.O.W.'S rTOTAL COST $ 2,100.00 CONTRACTOR: MONTELEONE EXCAVATING Date: 11/01/04 # 999-5402 SERVICE LEVEL "R" GRADE ALL DIRT ROADS IN SERVICE LEVEL "R" AREAS TOTAL COST $ 960.00 Date: 11/01/04 # 5401 VIA LOBO CHANNEL REMOVAL OF APPROXIMATELY 4,000 CUBIC YARDS OF SILT FROM CHANNEL TOTAL COST $19,400.00 Date: 11/01/04 # 5401 EMPIRE CREEK REMOVAL OF STEEL GRATES FROM CHANNEL TOTAL COST 950.00 Date: 11/03/04 # 5401 VALLEJO CHANNEL BETWEEN SANTIAGO& JOHN WARNER ROAD CONSTRUCT 3 DESILTING PONDS FOR EROSION CONTROL TOTAL COST — $ 8,500.00 Date: 11/29/04 # 5401 VALLEJO AND YNEZ ROAD REMOVAL OF SILT FROM CHANNEL. TOTAL COST $ 5,800.00 CONTRACTOR: BECKER ENGINEERING Date: 11/04 # 5401 PAUBA ROAD WEST OF METHODIST CHURCH REPAIRS TO RIP -RAP AND P.CC DOWN SPOUT TOTAL COST $ 6,845.00 DATE ACCOUNT STREET/CHANNEL/BRIII)GE DESCRIPTION OF WORK TOTAL COST SIZE Date: 11/04 # 5401 JOHN WARNER ROAD PLACE RIP -RAP AT DRAINAGE OUTLET. TOTAL COST $ 645.00 Date: 11/04 # 5401 NADALANE PLACE RIP -RAP AND P.CC AT TWO DOWN SPOUTS TOTAL COST $ 4,420.00 Date: 11/04 # 5401 LOW FLOW BETWEEN DIAZ AND VIA MONTEZUMA REPAIR GATES AND REPLACE PARTS AS NEEDED TOTAL COST $ 2,820.00 Date: 11/04 # 5401 CITYWIDE EROSION CONTROL SAND BAG PLACEMENT CITYWIDE TOTAL COST — 0.00 Date: 11/04 # 5401 3" STREET FAST OF MERCEDES REPAIRS TO CULVERT & FENCE TOTAL COST 5.00 Date: 11/04 # 5401 JEDEDIAH SMITH AT HWY. 79 SO. PLACE P.CC SLURRY AROUND HEAD WALLS TOTAL COST $ 2,815.00_ Date: TOTAL COST TOTAL COST ACCOUNT #5401 $75,630.00 TOTAL COST ACCOUNT #5402 $ 2,100.00 TOTAL COST ACCOUNT #99-5402 $ 960.00 R WAIWAI�OA=�WM�OECEMMR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF NOVEMBER, 2004 DATE LOCATION SCOPE OF WORK S.F. TOTAL TONS 11/01/04 VALLEJO AT YNEZ A.C. OVERLAY 72 1.5 11/08/04 CITYWIDE FILLED POTHOLES 150 TEMP A.C. 11/08/04 CITYWIDE FILLED POTHOLES 125 TEMP A.C. 11/15/04 RANCHO CALIFORNIA ROAD AT MARGARITA ROAD R&R A.C. 160 5.5 11/16/04 RANCHO CALIFORNIA ROAD AT MARGARITA ROAD R&R A.C. 150 4.5 11/17/04 RAINBOW CANYON ROAD A.C. OVERLAY 1200 19.5 11/18/04 RAINBOW CANYON ROAD A.C. OVERLAY 843 6.5 11/22/04 REISLING COURT R&R A.C. 175 6.5 11/29/04 DEL REY AT VIA CORSICA R&R A.C. 230 6.5 11/30/04 DEL REY AT VIA CORSICA R&R A.C. 144 4.5 TOTAL S.F. OF REPAIRS 3,249 TOTAL TONS 55 R:WAIWAINIWKCMPLTD�PH�T.RPR�.05�OVEMBER.N CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF NOIVEMBER, 2004 DATE LOCATION WORK COMPLETED 11/01/04 CITYWIDE CLEANED & CHECKED 45 CATCH BASINS 11/08/04 CITYWIDE CLEANED & CHECKED 37 CATCH BASINS 11/09/04 CITYWIDE CLEANED & CHECKED 62 CATCH BASINS 11/18/04 AREA #3 CLEANED & CHECKED 19 CATCH BASINS 11/19/04 AREA #3 CLEANED & CHECKED 12 CATCH BASINS 11/23/04 AREA #4 CLEANED & CHECKED 29 CATCH BASINS 11/29/04 CITYWIDE CLEANED & CHECKED 10 CATCH BASINS 11/30/04 AREAS #1 & #3 CLEANED & CHECKED 44 CATCH BASINII TOTAL CATCH BASINS CLEANED & CHECKED 258 R WAI�MMWKCMPL�D�ATCMAS�.05WOVEMBER.W CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF NOVEMBER, 2004 DATE LOCATION WORK COMPLETED 11/10/04 VINCENT MORAGA AT 6 TH STREET 126 S.F. OF GRAFFITI 11/01/04 TARGET CENTER -REMOVED REMOVED 35 S.F. OF GRAFFITI 11/01/04 WINCHESTER AT YNEZ REMOVED 210 S.F. OF GRAFFITI 11/03/04 MIRA LOMA CHANNEL REMOVED 50 S.F. OF GRAFFITI 11/08/04 MAIN STREET BRIDGE REMOVED 50 S.F. OF GRAFFITI 11/08/04 NICOLAS ROAD REMOVED 16 S.F. OF GRAFFITI 11/08/04 NO. GENERAL KEARNEY BRIDGE REMOVED 72 S.F. OF GRAFFITI 11/09/04 MARGARITA PARK REMOVED 200 S.F. OF GRAFFITI 11/15/04 6 T' AT PUJOL REMOVED 450 S.F. OF GRAFFITI 11/15/04 VIA LOBO CHANNEL REMOVED 10 S.F. OF GRAFFITI 11/15/04 1-15 AT WINCHESTER REMOVED 10 S.F. OF GRAFFITI 11/16/04 BUTTERFIELD STAGE BRIDGE REMOVED 550 S.F. OF GRAFFITI 11/17/04 PUJOL AT MAIN STREET REMOVED 15 S.F. OF GRAFFITI 11/22/04 TARGET CENTER REMOVED 203 S.F. OF GRAFFITI 11/22/04 PUJOL AREA REMOVED 290 S.F. OF GRAFFITI 11/23/04 MAIN STREET BRIDGE REMOVED 40 S.F. OF GRAFFITI 11/29/04 TARGET CENTER REMOVED 20 S.F. OF GRAFFITI Li TOTAL S.F. GRAFFITI REMOVED 2,347 TOTAL LOCATIONS 17 R:��AIMWKCWLTD�GR�Ti\W.05�OVEMBER co r- CD Lr) -14, CO) cm u 0 0 Z > 0 Z CS U w 0 z 0 I.- CL LU uj z :3 w CL LU LL z LL a Cl) Cl) 0 It =� CN 00 tn r- CD en tt fos C'� Cq CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF, 2004 DATE LOCATION WORK COMPLETED 11/30/04 ELINDA ROAD TRIMMED 4 R.O.W. TREES LETOTAL R.O.W. TREES TRIMMED 4 R XMAT�ATMWRWr�MPTT�ITVPPQN� A� CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF NOVEMBER, 2004 DATE RFC'D LOCATION REQUEST DATE WORK COMPLETED 11/01/04 29835 CORTE GRANDE A.C. REPAIR 11/01/04 11/01/04 45350 TESIBEN COURT DEBRIS REMOVAL 11101104 11/01/04 LEENA WAY AT MEADOWS PARKWAY REPAIR R-1 11/01/04 11/01/04 1 32254 CALLE BALAREZA CAMERA IN CATCH BASIN 11101104 11/01/04 42113 SO. HILLS DRIVE TREE REMOVAL 11/01/04 11/01/04 RANCHO VISTA AT MIRA LOMA DEBRIS REMOVAL 11/01/04 11/01/04 39340 LIEFER ROAD STREET GRADING 11/01/04 11/01/04 312007 SHABA CIRCLE RAISED SIDEWALK 11/01/04 11/02/04 42681 LOMA PORTOLA DRIVE TREE DOWN 11/02/04 11/02/04 30148 CORTE PLATA TREE TRIMMING 11/02/04 11/02/04 30940 BRANFORD DRIVE TREE REPLACEMENT 11/02/04 11/02/04 30216 MIRA LOMA DRIVE POTHOLES 11/02/04 11/03/04 OVERLAND DRIVE BROKEN SPRINKLER 11/03/04 11/04/04 41639 CYPRESS POINT WAY REQUESTING SCRAP METAL 11/04/04 11/05/04 SANTIAGO ROAD CULVERT PIPES 11/05/04 11/05/04 44856 LINALOU RANCH ROAD DEBRIS REMOVAL 11/05/04 11/58/04 1 JOSEPH ROAD LOW FLOW DEBRIS REMOVAL 11/05/04 11/08/04 45501 CLUBHOUSE DRIVE DEBRIS REMOVAL 11/08/04 11/08/04 DIAZ LOW FLOW CLOSED LOW FLOW 11/08/04 11/08/04 31250 NICOLAS ROAD POTHOLE 11/08/04 11/09/04 31745 CORTE ENCINAS TREE LEANING 11/09/04 11/10/04 DE PORTOLA AT VIA ANGELES DEBRIS REMOVAL 11/10/04 11/12/04 YNEZ AT OVERLAND POTHOLES 11/12/04 11/12/04 WINCHESTER AT DIAZ DEBRIS REMOVAL 11/12/04 11/15/04 43119 VIA DOS PICOS HOLE IN A.C. 11/15/04 R WAINTAIM�KCOMPLTD�ORS�.05WOVEMBER W DATE FEC'D LOCATION REQUEST DATE WORK COMPLETED 11/16/04 WINCHESTER AT DIAZ DEBRIS REMOVAL 11/16/04 11/16/04 43447 CALLE NACIDO SIDEWALK REPAIR 11/16/04 11/17/04 RIDGE GATE DRIVE S.N.S. MISSING 11/17/04 11/17/04 CAMINO PIEDRA ROJO AT PASQUAL SIGN DOWN 11/17/04 11/17/04 30552 IRON BARK COURT ROOT PRUNING 11/17/04 11/17/04 43883 BUTTERNUT DRIVE DEAD TREE 11/17/04 11/17/04 42356 MASKUAU COURT S.N.S. DOWN 11/19/04 11/22/04 30150 CABRILLO DEBRIS PICK-UP 11/22/04 11/22/04 30602 MIRA LOMA DRIVE DEBRIS REMOVAL 11/22/04 11/22/04 27548 PARKSIDE DRIVE LJFrED DRIVEWAY 11/22/04 11/23/04 MIRA LOMA / RANCHO VISTA DEBRIS REMOVAL 11/23/04 11/29/04 LIEFER ROAD SINKHOLE 11/29/04 11/30/04 30368 VIA CAf4ADA PONDING WATER 11/30/04 L TOTAL SERVICE ORDER REQUESTS 38 R:WAI�MMWRKCOMPLTD�ORS�.05�OVEMBER.N CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF NOVEMBER- 2804 DATE LOCATION WORK COMPLETED 11/01/04 CALLE RIVAS AT BEJARANO INSTALLED 3 R-1-A 11/01/04 CITYWIDE REPAIRED 9 SIGNS 11/02/04 MUIRFIELD AT PECHANGA INSTALLED G-9 11/03/04 MEADOWVIEW AREA REPLACED 12 W-80 WITH 12 W-16-A 11/04/04 JEREZ AT MEDENA INSTALLED R-1, 3 R-1-A 11/04/04 RORIPAUGH AT JON CHRISTIAN INSTALLD R-1 11/08/04 OVERLAND AT PROMENADE WAY REPLACED R-7, K MARKER 11/09/04 JEFFERSON AT WINCHESTER REPLACED R-7, K MARKER & R- 18 11/09/04 MARGARITA BEFORE DE PORTOLA REPLACED R-10 11/10/04 VIA LOS ALTOS AT AVENIDA DEL REPOSO INSTALLED W-53 11/10/04 ALRIZO AT CAMINO GALLEGOS REPLACED R-7 11/10/04 NICHOLAS AT WALCOTT REPLACED 9 CARSONITES 11/10/04 1 FELICITA AT VIA NORTE INSTALLED W-16 11/15/04 MEADOWVIEW AREA INSTALLED 6 R2-1 35 11/17/04 OVERLAND AT JEFFERSON INSTALLED RI-2 11/23/04 SANTIAGO E/O YNEZ REPLACED R-2 35 1 11/23/04 WALCOTT AT CALLE CHAPOS REPLACED W-57, "N" MARKER 11/23/04 CITYWIDE REPAIRED 25 SIGNS 11/24/04 E. LOMA LINDA AT MASKAZCI REPLACED S.N.S. 11/24/04 CITYWIDE REPAIRED 11 SIGNS 11/29/04 MARGARITA AT AVENIDA DEL SOL REPLACED R-7, K MARKER 11/29/04 CITYWIDE REPAIRED 25 SIGNS 11/30/04 NO. GENERAL KEARNEY @ CALLE PNA COLADA INSTALLED 2 "N" MARKERS TOTAL SIGNS REPLACED 34 TOTAL SIGNS INSTALLED 20 TOTAL SIGNS REPAIRED 70 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF NOVEMBER, 2004 D LOCATION WORK COMPLETED 11/15/04 MEADOWVIEW AREA INSTALLED 6LEGENDS TOTAL NEW & REPAINTED LEGENDS 6 NEW & REPAINTED RED CURB & STRIPING L.F. 0 R WAI�AIM�KCOWLTD�TRIPING�.05�OVE�ER.�